BILL ANALYSIS �
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|SENATE RULES COMMITTEE | SB 1238|
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THIRD READING
Bill No: SB 1238
Author: Price (D)
Amended: As introduced
Vote: 21
SENATE BUSINESS, PROF. & ECON. DEVELOP. COM : 7-0, 4/23/12
AYES: Price, Emmerson, Corbett, Correa, Hernandez,
Strickland, Wyland
NO VOTE RECORDED: Negrete McLeod, Vargas
SENATE APPROPRIATIONS COMMITTEE : 7-0, 5/24/12
AYES: Kehoe, Walters, Alquist, Dutton, Lieu, Price,
Steinberg
SUBJECT : Professions: Board of Psychology: Board of
Behavioral
Sciences
SOURCE : Author
DIGEST : This bill extends until January 1, 2017, the
provisions establishing the California Board of Psychology
(BOP), the Board of Behavioral Sciences (BBS), and extends
the term of the executive officers of the BOP and BBS.
ANALYSIS : Existing law:
1.Licenses and regulates psychologists by the BOP within
the Department of Consumer Affairs (DCA), and makes the
BOP inoperative and repealed on January 1, 2013.
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2.Authorizes the BOP to employ an executive officer and
makes that authority inoperative and repealed on January
1, 2013.
3.Provides that protection of the public shall be the
highest priority for the BOP in exercising its licensing,
regulatory, and disciplinary functions, and whenever the
protection of the public is inconsistent with other
interests sought to be promoted, the protection of the
public shall be paramount.
4.Authorizes BBS, under the DCA, to license and regulate
educational psychologists, social workers, marriage and
family therapists and licensed professional clinical
counselors, and makes the BBS inoperative and repealed on
January 1, 2013.
5.Authorizes the BBS to employ an executive officer and
makes that authority inoperative and repealed on January
1, 2013.
6.Provides that protection of the public shall be the
highest priority for the BBS in exercising its licensing,
regulatory, and disciplinary functions, and whenever the
protection of the public is inconsistent with other
interests sought to be promoted, the protection of the
public shall be paramount.
This bill:
1.Extends until January 1, 2017, the provisions
establishing the BOP.
2.Extends until January 1, 2017, the term of the executive
officer of the BOP.
3.Extends until January 1, 2017, the provisions
establishing the BBS.
4.Extends until January 1, 2017, the term of the executive
officer of the BBS.
Background of the BOP. The BOP in the DCA is responsible
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for implementation and enforcement of the Psychology
Licensing Law; the laws and regulations related to the
licensure, practice and discipline of those who are engaged
in the practice of psychology in California in order to
protect the public. Only licensed psychologists can
practice psychology independently in the private sector in
California.
The Board's mission statement is as follows:
"The Board of Psychology protects and advocates for
Californians by promoting the highest professional
standards through its licensing, regulation,
legislation, enforcement, continuing education, and
outreach programs."
The Board regulates the field of psychology in three
categories:
Psychologists . Practices psychology independently
in any private or public setting. The license must be
renewed every two years, and licensees must complete
36 hours of continuing education for renewal.
Requires a doctoral degree in psychology, educational
psychology, or in education with a field of
specialization in counseling psychology or educational
psychology; to complete 3,000 hours of qualifying
supervised professional experience, 1,500 of which
must be accrued post-doctorate; pass the Examination
for Professional Practice in Psychology (EPPP) and the
California Psychology Supplemental Examination (CPSE);
complete coursework in human sexuality, child abuse,
substance abuse, spousal abuse, and aging and
long-term care.
Registered psychologist . A 30 month, non-renewable
registration to work and train under supervision in
non-profit agencies that receive government funding.
Requires a doctoral degree in psychology, and 1,500
hours of qualifying supervised experience for
registration.
Psychological assistant. An annually renewed
registration (for up to six years) to work and train
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while supervised by a qualified licensed psychologist
in a private setting. Intended to be a method by
which an unlicensed person can perform limited
psychological functions to accrue hours of supervised
professional experience. Requires a qualifying
master's degree in psychology, with no experience
required for registration.
Background of the BBS. The BBS licenses and regulates
licensed clinical social workers, licensed marriage and
family therapists, licensed educational psychologists, and
licensed professional clinical counselors (LPCC).
Additionally, the Board registers associate social workers,
marriage and family therapist interns, professional
clinical counselor interns, and continuing education
providers.
The BBS's mission is to protect Californians by promoting
consumer awareness, advocating for improved mental health
services, and setting, communicating, and enforcing
standards. In order to accomplish its mission, the BBS
develops and administers licensure examinations,
investigates consumer complaints and criminal convictions,
responds to emerging changes and trends in the mental
health profession legislatively or through regulations, and
creates publications for consumers, students, and
licensees.
The BBS's statutes and regulations require a license before
an individual may engage in the practice of licensed
clinical social work, licensed marriage and family therapy,
licensed educational psychology, and licensed professional
clinical counseling. These statutes and regulations set
forth the requirements for registration and licensure and
provide the BBS the authority to discipline a registrant or
licensee.
Effective January 1, 2010, a fourth mental health
profession, LPCC, was added to the Board's jurisdiction.
Today, the BBS is responsible for the regulatory oversight
of nearly 77,000 licensees. Current law provides for
thirteen board members; six licensees and seven public
members. Eleven members are appointed by the Governor, one
public member is appointed by the Speaker of the Assembly,
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and one public member is appointed by the Senate Rules
Committee. In 2010, a public member was added to the BBS
and in 2012, a LPCC member was added to the BBS increasing
the board composition to thirteen members, however, it is
still a public majority board.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
According to the Senate Appropriations Committee:
Estimated annual cost of $2.82 million from the
Psychology Fund (1110-0310) based on the 2010-11 Budget
Act, all costs offset by existing fees.
Estimated annual cost of $6.99 million from the
Behavioral Science Examiners Fund (1110-0773) based on
the 2010-11 Budget Act, all costs offset by existing
fees.
SUPPORT : (Verified 5/24/12)
Alameda County Psychological Association
Board of Behavioral Sciences
Board of Psychology
California Association of Marriage and Family Therapists
California Psychological Association- Independent Practice
Division
Contra Costa Psychological Association
Los Angeles Psychological Association
Marin County Psychological Association
Monterey Bay Psychological Association
Napa-Solano Psychological Association
Orange County Psychological Association
Redwood Psychological Association
Sacramento Valley Psychological Association
San Diego Psychological Association
San Francisco Psychological Association
San Joaquin Valley Psychological Association
San Mateo County Psychological Association
Santa Barbara Psychological Association
JJA:nl 5/24/12 Senate Floor Analyses
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SUPPORT/OPPOSITION: SEE ABOVE
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