BILL ANALYSIS �
SB 1238
Page 1
Date of Hearing: June 26, 2012
ASSEMBLY COMMITTEE ON BUSINESS, PROFESSIONS AND CONSUMER
PROTECTION
Mary Hayashi, Chair
SB 1238 (Price) - As Introduced: February 23, 2012
SENATE VOTE : 38-0
SUBJECT : Professions: Board of Psychology: Board of Behavioral
Sciences.
SUMMARY : Extends the sunset date of the Board of Psychology
(BOP) and the Board of Behavioral Sciences (BBS) and extends
their authority to appoint an executive officer (EO).
Specifically, this bill :
1)Extends the sunset date of the BOP, and its authority to
employ an EO until January 1, 2017.
2)Extends the sunset date of the BBS, and its authority to
appoint an EO until January 1, 2017.
3)Requires that the repeal of the BOP and BBS is subject to
review by the appropriate policy committees of the
Legislature.
EXISTING LAW :
1)Licenses and regulates psychologists by the BOP within the
Department of Consumer Affairs (DCA), and authorizes the BOP
to make rules and regulations, as necessary, to carry out its
functions.
2)Establishes requirements by the BOP for applicants for
licensure.
3)Authorizes the BOP to employ an EO and makes the authority
inoperative on January 1, 2013.
4)Requires the BOP to consist of nine members, four of which are
public, and establishes the terms of office.
5)Provides that the protection of the public shall be the
highest priority for the BOP in exercising its licensing,
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regulatory, and disciplinary functions.
6)Authorizes the BBS in the DCA, to license and regulate
Marriage and Family Therapists (MFT), Licensed Professional
Clinical Counselors (LPCC), Licensed Clinical Social Workers
(LCSW), and Licensed Education Psychologists (LEP).
7)Requires the BBS to contain the following members:
a) Two state LCSWs;
b) One state LEP;
c) Two state MFTs; and,
d) One state LPCC.
8)Authorizes the BBS to appoint an EO and makes the authority
inoperative on January 1, 2013.
9)Provides the protection of the public shall be the highest
priority for the BBS in exercising its licensing regulatory
and disciplinary function.
10)Authorizes the BBS to deny an application or suspend or
revoke a license or registration for any disciplinary action
in California or another state or territory.
FISCAL EFFECT : Unknown
COMMENTS :
Purpose of the bill . According to the author, "this bill is
necessary to extend the sunset date of the BOP and the BBS in
order to continue the regulation of psychologists, LEPs, LCSWs,
MFTs and LPCCs in California. The continued regulation will
help to ensure that the BOP and BBS's mission of protecting the
public is in place for an additional four years."
Background . The BOP is within the DCA and is responsible 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
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the private sector in California.
The BOP's mission statement, as stated in its Strategic Plan
2011-2013, is as follows:
1)"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 BOP licenses approximately 22,000 psychologists, registers
300 registered psychologists, and 1,600 psychological
assistants. The BOP issues more than 2,200 new licenses and
registrations each year, and more than 8,000 licenses and
registrations are renewed each year. The Board regulates the
field of psychology in three categories:
1)Psychologists can practice 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. They are required to have a doctoral degree in
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.
2)Registered psychologist is a 30 month, non-renewable
registration to work and train under supervision in non-profit
agencies that receive government funding. It requires a
doctoral degree in psychology and 1500 hours of qualifying
supervised experience for registration.
3)Psychological assistant is an annually renewed registration to
work and train under supervision 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.
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Currently, the BOP is composed of nine members. It has a
majority of professional members with four public members. Each
member is appointed for a four year term, and may serve a
maximum of two consecutive terms. The Governor appoints five
licensed members and two public members. The Senate Rules
Committee and the Assembly Speaker each appoint one public
member. Public members cannot be licensed by the BOP or by any
other DCA healing arts board. The BOP as a whole is required to
meet at least three times a calendar year, and meets at various
locations throughout the state to address work completed by
various committees of the BOP.
The BBS is one of the regulatory entities within DCA. The BBS
licenses and regulates LCSWs, MFTs, LEPs, and LPCCs.
Additionally, the Board registers Associate Social Workers
(ASW), 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 LCSW, MFT, LEP, and
LPCC. 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 jurisdiction of BBS. The BBS is
responsible for the regulatory oversight of nearly 77,000
licensees. Current law provides for 13 board members; six
licensees and seven public members. 11 members are appointed by
the Governor, one public member is appointed by the Speaker of
the Assembly, and one public member is appointed by the Senate
Rules Committee.
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Support . The California Association of Marriage and Family
Therapists writes in support, "it is essential that both the BBS
and the role of its EO continue to be in existence to regulate
licensees and to oversee the protection of the public."
In addition, the Board of Psychology writes in support, "�this
bill] will continue the BOP for another four years. The
continuation of this doctoral-level Board is most important to
the consumers of California."
Related Legislation . SB 1236 (Price) of 2012, extends the
sunset dates of the California Board of Podiatric Medicine and
the Physician Assistant Committee and makes other changes, as
specified. This bill is pending in Assembly Business,
Professions and Consumer Protection Committee.
SB 1237 (Price) of 2012, extends the sunset dates for various
professional boards under the DCA and makes technical and
clarifying changes. This bill is pending in Assembly Business,
Professions and Consumer Protection Committee.
SB 1239 (Price) of 2012, extends the sunset date for the
Acupuncture Board and the term of the Acupuncture Board's EO by
two years, until January 1, 2017, and makes technical and
clarifying changes. This bill is pending in Assembly Business,
Professions and Consumer Protection Committee.
REGISTERED SUPPORT / OPPOSITION :
Support
Alameda County Psychological Association
Board of Behavioral Sciences
Board of Psychology
California Association of Marriage and Family Therapists
California Psychological Association
Division of Clinical Psychopharmacology
Division of Diversity and Social Justice
Division of Independent Practice
Division of Neuropsychology
Division of Psychologists in Public Service
Division of Training and Education
Central Coast Psychological Association
Contra Costa Psychological Association
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Los Angeles County Psychological Association
Marin County Psychological Association
Monterey Bay Psychological Association
Napa-Solano Psychological Association
National Association of Social Workers-California Chapter
Orange County Psychological Association
Pacific-Cascade Psychological Association
Redwood Psychological Association
Sacramento Valley Psychological Association
San Diego Psychological Association
San Francisco Psychological Association
San Gabriel Valley Psychological Association
San Joaquin Valley Psychological Association
San Mateo County Psychological Association
Santa Barbara County Psychological Association
Santa Clara County Psychological Association
An individual
Opposition
None on File.
Analysis Prepared by : Elissa Silva / B.,P. & C.P. / (916)
319-3301