BILL ANALYSIS
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|SENATE RULES COMMITTEE | AB 1669|
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THIRD READING
Bill No: AB 1669
Author: Chu (D)
Amended: 7/2/03 in Senate
Vote: 21
SENATE BUSINESS & PROFESSIONS COMMITTEE : 4-1, 6/23/03
AYES: Figueroa, Cedillo, Machado, Murray
NOES: Aanestad
NO VOTE RECORDED: Brulte, Vincent
SENATE PUBLIC SAFETY COMMITTEE : 6-0, 7/8/03
AYES: McPherson, Vasconcellos, Burton, Margett, Romero,
Sher
SENATE APPROPRIATIONS COMMITTEE : 7-4, 8/29/03
AYES: Alpert, Bowen, Burton, Escutia, Karnette, Machado,
Murray
NOES: Battin, Aanestad, Ashburn, Poochigian
NO VOTE RECORDED: Johnson, Speier
ASSEMBLY FLOOR : 77-1, 5/29/03 - See last page for vote
SUBJECT : Peace officers: psychological evaluations
SOURCE : Author
DIGEST : This bill, effective January 1, 2005, requires
that peace officer applicants be evaluated by (1) a
physician who holds a valid California license to practice
medicine, has successfully completed a postgraduate medical
CONTINUED
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residency education program in psychiatry accredited by the
accreditation council for graduate medical education and
has at least the equivalent of five full-time years of
experience in the diagnosis and treatment of emotional and
mental disorders, including the equivalent of three
full-time years accrued after completion of the psychiatric
residency program; or (2) a psychologist licensed by the
California Board of Psychology who has at least the
equivalent of five full-time years of experience in the
diagnosis and treatment of emotional and mental disorders,
including the equivalent of three full-time years accrued
postdoctorate.
ANALYSIS : Existing law:
1. Provides for the licensing and regulation of physicians
by the Medical Board of California (Medical Board).
2. Provides that the Medical Board's Division of Medical
Quality shall take action against any licensee who is
charged with unprofessional conduct. Provides that
unprofessional conduct includes (but is not limited to)
violating or attempting to violate, directly or
indirectly, assisting in or abetting the violation of,
or conspiring to violate any provision of the Medical
Practice Act.
3. Provides for the licensing and regulation of
psychologists by the Board of Psychology.
4. Provides that the Board of Psychology may refuse to
issue any license, or may issue a license with terms and
conditions, or may suspend or revoke the license of any
licensee if the licensee has been guilty of
unprofessional conduct. Provides that unprofessional
conduct includes (but is not limited to) violating any
of the provisions of the Psychology Licensing Law or
regulations duly adopted thereunder.
5. Requires peace officer applicants to meet certain
minimum requirements, including but not limited to being
found to be free from any physical, emotional or mental
condition, which might adversely affect the exercise of
the powers of a peace officer.
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6. Requires a peace officer applicant's emotional and
mental condition to be evaluated by a licensed physician
or by a licensed psychologist who has a doctoral degree
in psychology and at least five years of postgraduate
experience in the diagnosis and treatment of emotional
and mental disorders.
7. Provides that for the purpose of raising the level of
competence of local law enforcement officers, the
California Commission on Peace Officer Standards and
Training (POST) shall establish, and amend from time to
time, minimum standards for relating to physical, mental
and moral fitness for law enforcement officers.
Requires POST to conduct research concerning job-related
educational standards and job-related selection
standards including vision, hearing, physical ability,
and emotional stability.
This bill:
1. Provides, as of January 1, 2005, that a peace officer
applicant's emotional and mental condition shall be
evaluated by either:
A. A physician who holds a valid California license to
practice medicine, has successfully completed a
postgraduate medical residency education program in
psychiatry accredited by the Accreditation Council for
Graduate Medical Education and has at least the
equivalent of five full-time years of experience in
the diagnosis and treatment of emotional and mental
disorders, including the equivalent of three full-time
years accrued after completion of the psychiatric
residency program.
B. A psychologist licensed by the California Board of
Psychology who has at least the equivalent of five
full-time years of experience in the diagnosis and
treatment of emotional and mental disorders, including
the equivalent of three full-time years accrued
postdoctorate.
1. Requires that, after January 1, 2005, a physician or a
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psychologist shall meet the requirements set forth in
subdivision (f) of Section 1031 of the Government Code
prior to performing either: (a) An evaluation of a peace
officer applicant's emotional and mental condition. (b)
An evaluation of a peace officer's fitness for duty.
2. Provides, as of January 1, 2005, that each department or
agency in California that employs peace officers shall
utilize a person meeting the specified requirements
applicable to emotional and mental examinations, for any
emotional and mental evaluation done in the course of
the department or agency's screening of peace officer
recruits or the evaluation of peace officers to
determine their fitness for duty.
Comments
The author's background on this bill includes the
following:
AB 1669 simply revises the education requirements for
physicians and psychologists who perform fitness for duty
evaluations and pre-employment screening for peace
officers.
This bill amends these education requirements so that a
licensed physician or surgeon must also be board
certified in psychiatry by the American Board of
Psychiatry and Neurology, licensed psychologists must
have three of their five years of postgraduate experience
be accrued postdoctoral and both shall also meet any
applicable education and training standards adopted by
the California Commission on Peace Officer Standards and
Training before they perform any peace officer fitness
for duty evaluations or peace officer pre-employment
screening. This bill has been crafted so that law
enforcement agencies are responsible for making sure the
psychologists/psychiatrists they utilize meet the
aforementioned standards and psychologists/psychiatrists
are responsible for making sure they have met the
aforementioned standards before performing fitness for
duty evaluations and pre-employment screening.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
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Local: Yes
According to Senate Appropriations Committee:
Fiscal Impact (in thousands)
Major Provisions 2003-04 2004-05 2005-06 Fund
Various state --Unknown, potentially
significant--Various
agencies: CHP, CDC
Local mandate --Unknown, potentially major--General
SUPPORT : (Verified 8/29/03)
Los Angeles County Sheriffs Department
California Organization of Police and Sheriffs
California State Conference of the National Association for
the Advancement of Colored People
California Commission on Peace Officers Standards and
Training
OPPOSITION : (Verified 8/29/03)
Department of Finance
ARGUMENTS IN SUPPORT : The author's office indicates that
this legislation is necessary to ensure that mental health
professionals who are performing fitness for duty
evaluations and pre-employment screening for peace officers
are qualified to do so.
ARGUMENTS IN OPPOSITION : Finance is opposed to this bill
because it could create a reimbursable state-mandated local
program by requiring local agencies that employ peace
officers to comply to the increased qualification
requirements for physicians or psychologists to evaluate
peace officers.
ASSEMBLY FLOOR :
AYES: Aghazarian, Bates, Benoit, Berg, Bermudez, Bogh,
Canciamilla, Chan, Chavez, Chu, Cogdill, Cohn, Corbett,
Correa, Cox, Daucher, Diaz, Dutra, Dutton, Dymally,
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Firebaugh, Frommer, Garcia, Goldberg, Hancock, Harman,
Jerome Horton, Shirley Horton, Houston, Jackson, Keene,
Kehoe, Koretz, La Malfa, La Suer, Laird, Leno, Leslie,
Levine, Lieber, Liu, Longville, Lowenthal, Maddox,
Maldonado, Matthews, Maze, McCarthy, Montanez, Mountjoy,
Mullin, Nakanishi, Nakano, Nation, Negrete McLeod, Nunez,
Oropeza, Pacheco, Parra, Pavley, Plescia, Reyes, Richman,
Ridley-Thomas, Runner, Salinas, Samuelian, Simitian,
Spitzer, Steinberg, Strickland, Vargas, Wiggins, Wolk,
Wyland, Yee, Wesson
NOES: Haynes
CP:sl 9/1/03 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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