AB 1374: Psychologists: licensure.
- Session Year: 2015-2016
- House: Assembly
- Latest Version Date: 2015-10-06
The Psychology Licensing Law provides for the licensure and regulation of psychologists by the Board of Psychology. The law defines the practice of psychology as rendering or offering to render, for a fee, psychological services involving the application of psychological principles and methods, including the diagnosis, prevention, and treatment of psychological problems and emotional and mental disorders. The law prohibits unlicensed persons from practicing psychology, but authorizes unlicensed persons, including psychological assistants who meet certain requirements and do not provide psychological services to the public for a fee, to perform limited psychological functions. The law requires applicants for licensure to, among other things, engage in at least 2 years of supervised professional experience under the direction of a licensed psychologist and authorizes an applicant who obtains this experience in the United States to send verification of the experience directly to the board if the supervising licensed psychologist fails to submit the verification within 30 days of receiving a request from the applicant, as specified. The law requires the board to establish qualifications by regulation for supervising licensed psychologists and to review and approve applicants for the position of supervising psychologist on a case-by-case basis. The law provides that a violation of any of its provisions is a misdemeanor.
This bill would remove the reference to fees for services from the definition of the practice of psychology, thereby expanding that definition. The bill would further modify that definition to specify that the application of psychological principles and methods includes assessment, diagnosis, prevention, treatment, and intervention to increase effective functioning of individuals, groups, and organizations. The bill would revise the above-described authorization for psychological assistants to prohibit services to the public, except as specified, without reference to a fee. The bill would revise that experience verification procedure to require a supervising licensed psychologist to submit verification of the experience to the trainee in a manner prescribed by the board, and would authorize the board to establish alternative procedures for obtaining the necessary documentation if the supervising licensed psychologist fails to provide that verification in a timely manner. The bill would make the failure to provide verification to the board upon request, absent good cause, unprofessional conduct. The bill would eliminate the requirement that the board review and approve applicants for the position of supervising psychologist on a case-by-case basis. The bill would also make technical and conforming changes. By expanding the scope of a crime, this bill would impose a state-mandated local program.
Existing law establishes for a patient of a psychotherapist, whether or not a party to a proceeding, the privilege to refuse to disclose and to prevent another from disclosing a confidential communication between the patient and psychotherapist, as specified, and defines a psychotherapist for these purposes.
This bill would include in the definition of psychotherapist a person who is registered with the Board of Psychology as a registered psychologist and who is under the supervision of a licensed psychologist or a board certified psychiatrist.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
The Psychology Licensing Law provides for the licensure and regulation of psychologists by the Board of Psychology. The law defines the practice of psychology as rendering or offering to render, for a fee, psychological services involving the application of psychological principles and methods, including the diagnosis, prevention, and treatment of psychological problems and emotional and mental disorders. The law prohibits unlicensed persons from practicing psychology, but authorizes unlicensed persons, including psychological assistants who meet certain requirements and do not provide psychological services to the public for a fee, to perform limited psychological functions. The law requires applicants for licensure to, among other things, engage in at least 2 years of supervised professional experience under the direction of a licensed psychologist and authorizes an applicant who obtains this experience in the United States to send verification of the experience directly to the board if the supervising licensed psychologist fails to submit the verification within 30 days of receiving a request from the applicant, as specified. The law requires the board to establish qualifications by regulation for supervising licensed psychologists and to review and approve applicants for the position of supervising psychologist on a case-by-case basis. The law provides that a violation of any of its provisions is a misdemeanor.
This bill would remove the reference to fees for services from the definition of the practice of psychology, thereby expanding that definition. The bill would further modify that definition to specify that the application of psychological principles and methods includes assessment, diagnosis, prevention, treatment, and intervention to increase effective functioning of individuals, groups, and organizations. The bill would revise the above-described authorization for psychological assistants to prohibit services to the public, except as specified, without reference to a fee. The bill would revise that experience verification procedure to require a supervising licensed psychologist to submit verification of the experience to the trainee in a manner prescribed by the board, and would authorize the board to establish alternative procedures for obtaining the necessary documentation if the supervising licensed psychologist fails to provide that verification in a timely manner. The bill would make the failure to provide verification to the board upon request, absent good cause, unprofessional conduct. The bill would eliminate the requirement that the board review and approve applicants for the position of supervising psychologist on a case-by-case basis. The bill would also make technical and conforming changes. By expanding the scope of a crime, this bill would impose a state-mandated local program.
Existing law establishes for a patient of a psychotherapist, whether or not a party to a proceeding, the privilege to refuse to disclose and to prevent another from disclosing a confidential communication between the patient and psychotherapist, as specified, and defines a psychotherapist for these purposes.
This bill would include in the definition of psychotherapist a person who is registered with the Board of Psychology as a registered psychologist and who is under the supervision of a licensed psychologist or a board certified psychiatrist.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
The Psychology Licensing Law provides for the licensure and regulation of psychologists by the Board of Psychology. The law defines the practice of psychology as rendering or offering to render, for a fee, psychological services involving the application of psychological principles and methods, including the diagnosis, prevention, and treatment of psychological problems and emotional and mental disorders. The law prohibits unlicensed persons from practicing psychology, but authorizes unlicensed persons, including credentialed psychometrists, psychological assistants who meet certain requirements and do not provide psychological services to the public for a fee, to perform limited psychological functions or activities of a psychological nature, as specified. functions. The law requires applicants for licensure to, among other things, engage in at least 2 years of supervised professional experience under the direction of a licensed psychologist and authorizes an applicant who obtains this experience in the United States to send verification of the experience directly to the board if the supervising licensed psychologist fails to submit the verification within 30 days of receiving a request from the applicant, as specified. The law requires the board to establish qualifications by regulation for supervising licensed psychologists and to review and approve applicants for the position of supervising psychologist on a case-by-case basis. The law provides that a violation of any of its provisions is a misdemeanor.
This bill would remove the reference to fees for services from the definition of the practice of psychology, thereby expanding that definition. The bill would further modify that definition to specify that the application of psychological principles and methods includes assessment, diagnosis, prevention, treatment, and intervention to increase effective functioning of individuals, groups, and organizations. The bill would revise the above-described authorizations for specified unlicensed persons to perform limited psychological functions or activities of a psychological nature authorization for psychological assistants to prohibit services to the public, except as specified, without reference to a fee. The bill would eliminate that authorization for credentialed psychometrists. The bill would instead revise that experience verification procedure to require a supervising licensed psychologist to submit verification of the experience to the trainee in a manner prescribed by the board, and would authorize the board to establish alternative procedures for obtaining the necessary documentation if the supervising licensed psychologist fails to provide that verification. verification in a timely manner. The bill would make that failure, the failure to provide verification to the board upon request, absent good cause, unprofessional conduct. The bill would eliminate the requirement that the board review and approve applicants for the position of supervising psychologist on a case-by-case basis. The bill would also make technical and conforming changes. By expanding the scope of a crime, this bill would impose a state-mandated local program.
Existing law establishes for a patient of a psychotherapist, whether or not a party to a proceeding, the privilege to refuse to disclose and to prevent another from disclosing a confidential communication between the patient and psychotherapist, as specified, and defines a psychotherapist for these purposes.
This bill would include in the definition of psychotherapist a person who registered with the Board of Psychology as a registered psychologist and who is under the supervision of a licensed psychologist or a board certified psychiatrist.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
The Psychology Licensing Law provides for the licensure and regulation of psychologists by the Board of Psychology. The law defines the practice of psychology as rendering or offering to render, for a fee, psychological services involving the application of psychological principles and methods, including the diagnosis, prevention, and treatment of psychological problems and emotional and mental disorders. The law prohibits unlicensed persons from practicing psychology, and but authorizes unlicensed persons, including credentialed psychometrists, who meet certain requirements and do not provide psychological services to the public for a fee fee, to perform limited psychological functions or activities of a psychological nature, as specified. The law requires applicants for licensure to, among other things, engage in at least 2 years of supervised professional experience under the direction of a licensed psychologist and authorizes an applicant who obtains this experience in the United States to send verification of the experience directly to the board if the supervising licensed psychologist fails to submit the verification within 30 days of receiving a request from the applicant, as specified. The law requires the board to establish qualifications by regulation for supervising licensed psychologists and to review and approve applicants on a case-by-case basis. The law provides that a violation of any of its provisions is a misdemeanor.
This bill would expand the definition of the practice of psychology, and narrow remove the reference to fees for services from the definition of the practice of psychology, thereby expanding that definition. The bill would further modify that definition to specify that the application of psychological principles and methods includes assessment, diagnosis, prevention, treatment, and intervention to increase effective functioning of individuals, groups, and organizations. The bill would revise the above-described authorization authorizations for specified unlicensed persons to provide psychological services, by removing references to a fee. perform limited psychological functions or activities of a psychological nature to prohibit services to the public, except as specified, without reference to a fee. The bill would eliminate that authorization for credentialed psychometrists. The bill would specify that the application of psychological principles and methods instead includes assessment, diagnosis, prevention, treatment, and intervention in order to increase effective functioning. The bill would instead require the supervisor a supervising licensed psychologist to submit verification of the experience to the trainee in a manner prescribed by the board, and would authorize the board to establish alternative procedures for obtaining the necessary documentation if the supervisor supervising licensed psychologist fails to provide that verification. The bill would make that failure, absent good cause, unprofessional conduct. The bill would eliminate the requirement that the board review and approve applicants on a case-by-case basis. The bill would also make technical and conforming changes. By expanding the scope of a crime, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
The Psychology Licensing Law provides for the licensure and regulation of psychologists by the Board of Psychology. The law defines the practice of psychology as rendering or offering to render, for a fee, psychological services involving the application of psychological principles and methods, including the diagnosis, prevention, and treatment of psychological problems and emotional and mental disorders. The law prohibits unlicensed persons from practicing psychology, and authorizes unlicensed persons persons, including credentialed psychometrists, who meet certain requirements and do not provide psychological services for a fee to perform limited psychological functions or activities of a psychological nature, as specified. The law requires applicants for licensure to, among other things, engage in at least 2 years of supervised professional experience under the direction of a licensed psychologist and authorizes an applicant who obtains this experience in the United States to send verification of the experience directly to the board if the supervising psychologist fails to submit the verification within 30 days of receiving a request from the applicant, as specified. The law requires the board to establish qualifications by regulation for supervising psychologists and to review and approve applicants on a case-by-case basis. The law provides that a violation of any of its provisions is a misdemeanor.
This bill would expand the definition of the practice of psychology, and narrow the above-described authorization for specified unlicensed persons to provide psychological services, by removing references to a fee. The bill would eliminate that authorization for credentialed psychometrists. The bill would specify that the application of psychological principles and methods instead includes assessment, diagnosis, prevention, treatment, and intervention in order to increase effective functioning. The bill would instead require the supervisor to submit verification of the experience to the board and authorize an applicant who obtains the experience in the United States or Canada to send verification directly to the board as determined by the board if the supervisor fails to submit the verification. trainee in a manner prescribed by the board, and would authorize the board to establish alternative procedures for obtaining the necessary documentation if the supervisor fails to provide that verification. The bill would make that failure, absent good cause, unprofessional conduct. The bill would eliminate the requirement that the board review and approve applicants on a case-by-case basis. The bill would also make technical and conforming changes. By expanding the scope of a crime, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
The Psychology Licensing Law provides for the licensure and regulation of psychologists by the Board of Psychology. The law defines the practice of psychology as rendering or offering to render, for a fee, psychological services involving the application of psychological principles and methods, including the diagnosis, prevention, and treatment of psychological problems and emotional and mental disorders. The law prohibits unlicensed persons from practicing psychology, and authorizes unlicensed persons who meet certain requirements and do not provide psychological services for a fee to perform limited psychological functions or activities of a psychological nature, as specified. The law requires applicants for licensure to, among other things, engage in at least 2 years of supervised professional experience under the direction of a licensed psychologist and authorizes an applicant who obtains this experience in the United States to send verification of the experience directly to the board if the supervising psychologist fails to submit the verification within 30 days of receiving a request from the applicant, as specified. The law provides that a violation of any of its provisions is a misdemeanor.
This bill would expand the definition of the practice of psychology, and narrow the above-described authorization for specified unlicensed persons to provide psychological services, by removing references to a fee. The bill would specify that the application of psychological principles and methods instead includes assessment, diagnosis, prevention, treatment, and intervention in order to increase effective functioning. The bill would instead require the supervisor to submit verification of the experience to the board and authorize an applicant who obtains the experience in the United States or Canada to send verification directly to the board as determined by the board if the supervisor fails to submit the verification. By expanding the scope of a crime, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
The Psychology Licensing Law provides for the licensure and regulation of psychologists by the Board of Psychology. The law requires applicants for licensure to, among other things, engage in at least 2 years of supervised professional experience under the direction of a licensed psychologist and authorizes an applicant who obtains this experience in the United States to send verification of the experience directly to the board if the supervising psychologist fails to submit the verification within 30 days of receiving a request from the applicant, as specified. The law provides that a violation of any of its provisions is a misdemeanor.
This bill would instead require the supervisor to submit verification of the experience to the board and authorize an applicant who obtains the experience in the United States or Canada to send verification directly to the board as determined by the board if the supervisor fails to submit the verification. By expanding the scope of a crime, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
(a) No person may engage in the practice of psychology, or represent himself or herself to be a psychologist, without a license granted under this chapter, except as otherwise provided in this chapter. The practice of psychology is defined as rendering or offering to render to individuals, groups, organizations, or the public any psychological service involving the application of psychological principles, methods, and procedures of understanding, predicting, and influencing behavior, such as the principles pertaining to learning, perception, motivation, emotions, and interpersonal relationships; and the methods and procedures of interviewing, counseling, psychotherapy, behavior modification, and hypnosis; and of constructing, administering, and interpreting tests of mental abilities, aptitudes, interests, attitudes, personality characteristics, emotions, and motivations.
(b)The application of these principles and methods includes, but is not restricted to: assessment, diagnosis, prevention, treatment, and intervention to increase effective functioning of individuals, groups, and organizations.
(c)Psychotherapy within the meaning of this chapter means the use of psychological methods in a professional relationship to assist a person or persons to acquire greater human effectiveness or to modify feelings, conditions, attitudes, and behaviors that are emotionally, intellectually, or socially ineffectual or maladaptive.
SEC. 2.Section 2913 of the Business and Professions Code is amended to read:2913.A person other than a licensed psychologist may be employed by a licensed psychologist, by a licensed physician and surgeon who is board certified in psychiatry by the American Board of Psychiatry and Neurology, by a clinic that provides mental health services under contract pursuant to Section 5614 of the Welfare and Institutions Code, by a psychological corporation, by a licensed psychology clinic as defined in Section 1204.1 of the Health and Safety Code, or by a medical corporation to perform limited psychological functions if all of the following apply:
(a)The person is termed a psychological assistant.
(b)The person (1) has completed a masters degree in psychology or education with the field of specialization in psychology or counseling psychology, or (2) has been admitted to candidacy for a doctoral degree in psychology or education with the field of specialization in psychology or counseling psychology, after having satisfactorily completed three or more years of postgraduate education in psychology and having passed preliminary doctoral examinations, or (3) has completed a doctoral degree that qualifies for licensure under Section 2914, in an accredited or approved university, college, or professional school located in the United States or Canada.
(c)The person is at all times under the immediate supervision, as defined in regulations adopted by the board, of a licensed psychologist, or board certified psychiatrist, who shall be responsible for insuring that the extent, kind, and quality of the psychological services he or she performs are consistent with his or her training and experience and be responsible for his or her compliance with this chapter and regulations duly adopted hereunder, including those provisions set forth in Section 2960.
(d)(1)The licensed psychologist, board certified psychiatrist, contract clinic, psychological corporation, or medical corporation, has registered the psychological assistant with the board. The registration shall be renewed annually in accordance with regulations adopted by the board.
(2)No licensed psychologist may register, employ, or supervise more than three psychological assistants at any given time unless specifically authorized to do so by the board. No board certified psychiatrist may register, employ, or supervise more than one psychological assistant at any given time. No contract clinic, psychological corporation, or medical corporation may employ more than 10 assistants at any one time. No contract clinic may register, employ, or provide supervision for more than one psychological assistant for each designated full-time staff psychiatrist who is qualified and supervises the psychological assistants. No psychological assistant may provide psychological services to the public except as an employee of a licensed psychologist, licensed physician, contract clinic, psychological corporation, or medical corporation.
(e)The psychological assistant shall comply with regulations that the board may, from time to time, duly adopt relating to the fulfillment of requirements in continuing education.
(f)No person shall practice as a psychological assistant who is found by the board to be in violation of Section 2960 and the rules and regulations duly adopted pursuant to that section.
SEC. 3.Section 2914 of the Business and Professions Code is amended to read:2914.Each applicant for licensure shall comply with all of the following requirements:
(a)Is not subject to denial of licensure under Division 1.5 (commencing with Section 475).
(b)(1)Possess an earned doctorate degree (A) in psychology, (B) in educational psychology, or (C) in education with the field of specialization in counseling psychology or educational psychology. Except as provided in subdivision (g), this degree or training shall be obtained from an accredited university, college, or professional school. The board shall make the final determination as to whether a degree meets the requirements of this section.
(2)No educational institution shall be denied recognition as an accredited academic institution solely because its program is not accredited by any professional organization of psychologists, and nothing in this chapter or in the administration of this chapter shall require the registration with the board by educational institutions of their departments of psychology or their doctoral programs in psychology.
(3)An applicant for licensure trained in an educational institution outside the United States or Canada shall demonstrate to the satisfaction of the board that he or she possesses a doctorate degree in psychology that is equivalent to a degree earned from a regionally accredited university in the United States or Canada. These applicants shall provide the board with a comprehensive evaluation of the degree performed by a foreign credential evaluation service that is a member of the National Association of Credential Evaluation Services (NACES), and any other documentation the board deems necessary.
(c)(1)Have engaged for at least two years in supervised professional experience under the direction of a licensed psychologist, the specific requirements of which shall be defined by the board in its regulations, or under suitable alternative supervision as determined by the board in regulations duly adopted under this chapter, at least one year of which shall be after being awarded the doctorate in psychology. The supervisor shall submit verification of the experience required by this subdivision to the trainee in a manner prescribed by the board. If the supervising licensed psychologist fails to provide verification to the trainee in a timely manner, the board may establish alternative procedures for obtaining the necessary documentation. Absent good cause, the failure of a supervising licensed psychologist to provide the verification to the board upon request shall constitute unprofessional conduct.
(2)The board shall establish qualifications by regulation for supervising psychologists.
(d)Take and pass the examination required by Section 2941 unless otherwise exempted by the board under this chapter.
(e)Show by evidence satisfactory to the board that he or she has completed training in the detection and treatment of alcohol and other chemical substance dependency. This requirement applies only to applicants who matriculate on or after September 1, 1985.
(f)(1)Show by evidence satisfactory to the board that he or she has completed coursework in spousal or partner abuse assessment, detection, and intervention. This requirement applies to applicants who began graduate training during the period commencing on January 1, 1995, and ending on December 31, 2003.
(2)An applicant who began graduate training on or after January 1, 2004, shall show by evidence satisfactory to the board that he or she has completed a minimum of 15 contact hours of coursework in spousal or partner abuse assessment, detection, and intervention strategies, including knowledge of community resources, cultural factors, and same gender abuse dynamics. An applicant may request an exemption from this requirement if he or she intends to practice in an area that does not include the direct provision of mental health services.
(3)Coursework required under this subdivision may be satisfactory if taken either in fulfillment of other educational requirements for licensure or in a separate course. This requirement for coursework shall be satisfied by, and the board shall accept in satisfaction of the requirement, a certification from the chief academic officer of the educational institution from which the applicant graduated that the required coursework is included within the institutions required curriculum for graduation.
(g)An applicant holding a doctoral degree in psychology from an approved institution is deemed to meet the requirements of this section if both of the following are true:
(1)The approved institution offered a doctoral degree in psychology designed to prepare students for a license to practice psychology and was approved by the former Bureau for Private Postsecondary and Vocational Education on or before July 1, 1999.
(2)The approved institution has not, since July 1, 1999, had a new location, as described in Section 94823.5 of the Education Code.
SEC. 4.Section 1010 of the Evidence Code is amended to read:1010.As used in this article, psychotherapist means a person who is, or is reasonably believed by the patient to be:
(a)A person authorized to practice medicine in any state or nation who devotes, or is reasonably believed by the patient to devote, a substantial portion of his or her time to the practice of psychiatry.
(b)A person licensed as a psychologist under Chapter 6.6 (commencing with Section 2900) of Division 2 of the Business and Professions Code.
(c)A person licensed as a clinical social worker under Article 4 (commencing with Section 4996) of Chapter 14 of Division 2 of the Business and Professions Code, when he or she is engaged in applied psychotherapy of a nonmedical nature.
(d)A person who is serving as a school psychologist and holds a credential authorizing that service issued by the state.
(e)A person licensed as a marriage and family therapist under Chapter 13 (commencing with Section 4980) of Division 2 of the Business and Professions Code.
(f)A person registered as a psychological assistant who is under the supervision of a licensed psychologist or board certified psychiatrist as required by Section 2913 of the Business and Professions Code, or a person registered as a marriage and family therapist intern who is under the supervision of a licensed marriage and family therapist, a licensed clinical social worker, a licensed psychologist, or a licensed physician and surgeon certified in psychiatry, as specified in Section 4980.44 of the Business and Professions Code.
(g)A person registered as an associate clinical social worker who is under supervision as specified in Section 4996.23 of the Business and Professions Code.
(h)A person who registered with the Board of Psychology as a registered psychologist and who is under the supervision of a licensed psychologist or board certified psychiatrist.
(i)A psychological intern as defined in Section 2911 of the Business and Professions Code who is under the supervision of a licensed psychologist or board certified psychiatrist.
(j)A trainee, as defined in subdivision (c) of Section 4980.03 of the Business and Professions Code, who is fulfilling his or her supervised practicum required by subparagraph (B) of paragraph (1) of subdivision (d) of Section 4980.36 of, or subdivision (c) of Section 4980.37 of, the Business and Professions Code and is supervised by a licensed psychologist, a board certified psychiatrist, a licensed clinical social worker, a licensed marriage and family therapist, or a licensed professional clinical counselor.
(k)A person licensed as a registered nurse pursuant to Chapter 6 (commencing with Section 2700) of Division 2 of the Business and Professions Code, who possesses a masters degree in psychiatric-mental health nursing and is listed as a psychiatric-mental health nurse by the Board of Registered Nursing.
(l)An advanced practice registered nurse who is certified as a clinical nurse specialist pursuant to Article 9 (commencing with Section 2838) of Chapter 6 of Division 2 of the Business and Professions Code and who participates in expert clinical practice in the specialty of psychiatric-mental health nursing.
(m)A person rendering mental health treatment or counseling services as authorized pursuant to Section 6924 of the Family Code.
(n)A person licensed as a professional clinical counselor under Chapter 16 (commencing with Section 4999.10) of Division 2 of the Business and Professions Code.
(o)A person registered as a clinical counselor intern who is under the supervision of a licensed professional clinical counselor, a licensed marriage and family therapist, a licensed clinical social worker, a licensed psychologist, or a licensed physician and surgeon certified in psychiatry, as specified in Sections 4999.42 to 4999.46, inclusive, of the Business and Professions Code.
(p)A clinical counselor trainee, as defined in subdivision (g) of Section 4999.12 of the Business and Professions Code, who is fulfilling his or her supervised practicum required by paragraph (3) of subdivision (c) of Section 4999.32 of, or paragraph (3) of subdivision (c) of Section 4999.33 of, the Business and Professions Code, and is supervised by a licensed psychologist, a board-certified psychiatrist, a licensed clinical social worker, a licensed marriage and family therapist, or a licensed professional clinical counselor.
SEC. 5.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
(a) No person may engage in the practice of psychology, or represent himself or herself to be a psychologist, without a license granted under this chapter, except as otherwise provided in this chapter. The practice of psychology is defined as rendering or offering to render to individuals, groups, organizations, or the public any psychological service involving the application of psychological principles, methods, and procedures of understanding, predicting, and influencing behavior, such as the principles pertaining to learning, perception, motivation, emotions, and interpersonal relationships; and the methods and procedures of interviewing, counseling, psychotherapy, behavior modification, and hypnosis; and of constructing, administering, and interpreting tests of mental abilities, aptitudes, interests, attitudes, personality characteristics, emotions, and motivations.
(b)The application of these principles and methods includes, but is not restricted to: assessment, diagnosis, prevention, treatment, and intervention to increase effective functioning of individuals, groups, and organizations.
(c)Psychotherapy within the meaning of this chapter means the use of psychological methods in a professional relationship to assist a person or persons to acquire greater human effectiveness or to modify feelings, conditions, attitudes, and behaviors that are emotionally, intellectually, or socially ineffectual or maladaptive.
SEC. 2.Section 2913 of the Business and Professions Code is amended to read:2913.A person other than a licensed psychologist may be employed by a licensed psychologist, by a licensed physician and surgeon who is board certified in psychiatry by the American Board of Psychiatry and Neurology, by a clinic that provides mental health services under contract pursuant to Section 5614 of the Welfare and Institutions Code, by a psychological corporation, by a licensed psychology clinic as defined in Section 1204.1 of the Health and Safety Code, or by a medical corporation to perform limited psychological functions if all of the following apply:
(a)The person is termed a psychological assistant.
(b)The person (1) has completed a masters degree in psychology or education with the field of specialization in psychology or counseling psychology, or (2) has been admitted to candidacy for a doctoral degree in psychology or education with the field of specialization in psychology or counseling psychology, after having satisfactorily completed three or more years of postgraduate education in psychology and having passed preliminary doctoral examinations, or (3) has completed a doctoral degree that qualifies for licensure under Section 2914, in an accredited or approved university, college, or professional school located in the United States or Canada.
(c)The person is at all times under the immediate supervision, as defined in regulations adopted by the board, of a licensed psychologist, or board certified psychiatrist, who shall be responsible for insuring that the extent, kind, and quality of the psychological services he or she performs are consistent with his or her training and experience and be responsible for his or her compliance with this chapter and regulations duly adopted hereunder, including those provisions set forth in Section 2960.
(d)(1)The licensed psychologist, board certified psychiatrist, contract clinic, psychological corporation, or medical corporation, has registered the psychological assistant with the board. The registration shall be renewed annually in accordance with regulations adopted by the board.
(2)No licensed psychologist may register, employ, or supervise more than three psychological assistants at any given time unless specifically authorized to do so by the board. No board certified psychiatrist may register, employ, or supervise more than one psychological assistant at any given time. No contract clinic, psychological corporation, or medical corporation may employ more than 10 assistants at any one time. No contract clinic may register, employ, or provide supervision for more than one psychological assistant for each designated full-time staff psychiatrist who is qualified and supervises the psychological assistants. No psychological assistant may provide psychological services to the public except as an employee of a licensed psychologist, licensed physician, contract clinic, psychological corporation, or medical corporation.
(e)The psychological assistant shall comply with regulations that the board may, from time to time, duly adopt relating to the fulfillment of requirements in continuing education.
(f)No person shall practice as a psychological assistant who is found by the board to be in violation of Section 2960 and the rules and regulations duly adopted pursuant to that section.
SEC. 3.Section 2914 of the Business and Professions Code is amended to read:2914.Each applicant for licensure shall comply with all of the following requirements:
(a)Is not subject to denial of licensure under Division 1.5 (commencing with Section 475).
(b)(1)Possess an earned doctorate degree (A) in psychology, (B) in educational psychology, or (C) in education with the field of specialization in counseling psychology or educational psychology. Except as provided in subdivision (g), this degree or training shall be obtained from an accredited university, college, or professional school. The board shall make the final determination as to whether a degree meets the requirements of this section.
(2)No educational institution shall be denied recognition as an accredited academic institution solely because its program is not accredited by any professional organization of psychologists, and nothing in this chapter or in the administration of this chapter shall require the registration with the board by educational institutions of their departments of psychology or their doctoral programs in psychology.
(3)An applicant for licensure trained in an educational institution outside the United States or Canada shall demonstrate to the satisfaction of the board that he or she possesses a doctorate degree in psychology that is equivalent to a degree earned from a regionally accredited university in the United States or Canada. These applicants shall provide the board with a comprehensive evaluation of the degree performed by a foreign credential evaluation service that is a member of the National Association of Credential Evaluation Services (NACES), and any other documentation the board deems necessary.
(c)(1)Have engaged for at least two years in supervised professional experience under the direction of a licensed psychologist, the specific requirements of which shall be defined by the board in its regulations, or under suitable alternative supervision as determined by the board in regulations duly adopted under this chapter, at least one year of which shall be after being awarded the doctorate in psychology. The supervisor shall submit verification of the experience required by this subdivision to the trainee in a manner prescribed by the board. If the supervising licensed psychologist fails to provide verification to the trainee in a timely manner, the board may establish alternative procedures for obtaining the necessary documentation. Absent good cause, the failure of a supervising licensed psychologist to provide the verification to the board upon request shall constitute unprofessional conduct.
(2)The board shall establish qualifications by regulation for supervising psychologists.
(d)Take and pass the examination required by Section 2941 unless otherwise exempted by the board under this chapter.
(e)Show by evidence satisfactory to the board that he or she has completed training in the detection and treatment of alcohol and other chemical substance dependency. This requirement applies only to applicants who matriculate on or after September 1, 1985.
(f)(1)Show by evidence satisfactory to the board that he or she has completed coursework in spousal or partner abuse assessment, detection, and intervention. This requirement applies to applicants who began graduate training during the period commencing on January 1, 1995, and ending on December 31, 2003.
(2)An applicant who began graduate training on or after January 1, 2004, shall show by evidence satisfactory to the board that he or she has completed a minimum of 15 contact hours of coursework in spousal or partner abuse assessment, detection, and intervention strategies, including knowledge of community resources, cultural factors, and same gender abuse dynamics. An applicant may request an exemption from this requirement if he or she intends to practice in an area that does not include the direct provision of mental health services.
(3)Coursework required under this subdivision may be satisfactory if taken either in fulfillment of other educational requirements for licensure or in a separate course. This requirement for coursework shall be satisfied by, and the board shall accept in satisfaction of the requirement, a certification from the chief academic officer of the educational institution from which the applicant graduated that the required coursework is included within the institutions required curriculum for graduation.
(g)An applicant holding a doctoral degree in psychology from an approved institution is deemed to meet the requirements of this section if both of the following are true:
(1)The approved institution offered a doctoral degree in psychology designed to prepare students for a license to practice psychology and was approved by the former Bureau for Private Postsecondary and Vocational Education on or before July 1, 1999.
(2)The approved institution has not, since July 1, 1999, had a new location, as described in Section 94823.5 of the Education Code.
SEC. 4.Section 1010 of the Evidence Code is amended to read:1010.As used in this article, psychotherapist means a person who is, or is reasonably believed by the patient to be:
(a)A person authorized to practice medicine in any state or nation who devotes, or is reasonably believed by the patient to devote, a substantial portion of his or her time to the practice of psychiatry.
(b)A person licensed as a psychologist under Chapter 6.6 (commencing with Section 2900) of Division 2 of the Business and Professions Code.
(c)A person licensed as a clinical social worker under Article 4 (commencing with Section 4996) of Chapter 14 of Division 2 of the Business and Professions Code, when he or she is engaged in applied psychotherapy of a nonmedical nature.
(d)A person who is serving as a school psychologist and holds a credential authorizing that service issued by the state.
(e)A person licensed as a marriage and family therapist under Chapter 13 (commencing with Section 4980) of Division 2 of the Business and Professions Code.
(f)A person registered as a psychological assistant who is under the supervision of a licensed psychologist or board certified psychiatrist as required by Section 2913 of the Business and Professions Code, or a person registered as a marriage and family therapist intern who is under the supervision of a licensed marriage and family therapist, a licensed clinical social worker, a licensed psychologist, or a licensed physician and surgeon certified in psychiatry, as specified in Section 4980.44 of the Business and Professions Code.
(g)A person registered as an associate clinical social worker who is under supervision as specified in Section 4996.23 of the Business and Professions Code.
(h)A person who registered with the Board of Psychology as a registered psychologist and who is under the supervision of a licensed psychologist or board certified psychiatrist.
(i)A psychological intern as defined in Section 2911 of the Business and Professions Code who is under the supervision of a licensed psychologist or board certified psychiatrist.
(j)A trainee, as defined in subdivision (c) of Section 4980.03 of the Business and Professions Code, who is fulfilling his or her supervised practicum required by subparagraph (B) of paragraph (1) of subdivision (d) of Section 4980.36 of, or subdivision (c) of Section 4980.37 of, the Business and Professions Code and is supervised by a licensed psychologist, a board certified psychiatrist, a licensed clinical social worker, a licensed marriage and family therapist, or a licensed professional clinical counselor.
(k)A person licensed as a registered nurse pursuant to Chapter 6 (commencing with Section 2700) of Division 2 of the Business and Professions Code, who possesses a masters degree in psychiatric-mental health nursing and is listed as a psychiatric-mental health nurse by the Board of Registered Nursing.
(l)An advanced practice registered nurse who is certified as a clinical nurse specialist pursuant to Article 9 (commencing with Section 2838) of Chapter 6 of Division 2 of the Business and Professions Code and who participates in expert clinical practice in the specialty of psychiatric-mental health nursing.
(m)A person rendering mental health treatment or counseling services as authorized pursuant to Section 6924 of the Family Code.
(n)A person licensed as a professional clinical counselor under Chapter 16 (commencing with Section 4999.10) of Division 2 of the Business and Professions Code.
(o)A person registered as a clinical counselor intern who is under the supervision of a licensed professional clinical counselor, a licensed marriage and family therapist, a licensed clinical social worker, a licensed psychologist, or a licensed physician and surgeon certified in psychiatry, as specified in Sections 4999.42 to 4999.46, inclusive, of the Business and Professions Code.
(p)A clinical counselor trainee, as defined in subdivision (g) of Section 4999.12 of the Business and Professions Code, who is fulfilling his or her supervised practicum required by paragraph (3) of subdivision (c) of Section 4999.32 of, or paragraph (3) of subdivision (c) of Section 4999.33 of, the Business and Professions Code, and is supervised by a licensed psychologist, a board-certified psychiatrist, a licensed clinical social worker, a licensed marriage and family therapist, or a licensed professional clinical counselor.
SEC. 5.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
(a) No person may engage in the practice of psychology, or represent himself or herself to be a psychologist, without a license granted under this chapter, except as otherwise provided in this chapter. The practice of psychology is defined as rendering or offering to render to individuals, groups, organizations, or the public any psychological service involving the application of psychological principles, methods, and procedures of understanding, predicting, and influencing behavior, such as the principles pertaining to learning, perception, motivation, emotions, and interpersonal relationships; and the methods and procedures of interviewing, counseling, psychotherapy, behavior modification, and hypnosis; and of constructing, administering, and interpreting tests of mental abilities, aptitudes, interests, attitudes, personality characteristics, emotions, and motivations.
The
(b)The application of these principles and methods includes, but is not restricted to: assessment, diagnosis, prevention, treatment, and intervention to increase effective functioning of individuals, groups, and organizations.
Psychotherapy
(c)Psychotherapy within the meaning of this chapter means the use of psychological methods in a professional relationship to assist a person or persons to acquire greater human effectiveness or to modify feelings, conditions, attitudes, and behaviors which that are emotionally, intellectually, or socially ineffectual or maladaptive.
SEC. 2.Section 2909 of the Business and Professions Code is amended to read:2909.This chapter shall not be construed as restricting or preventing activities of a psychological nature or the use of the official title of the position for which they were employed on the part of the following persons, provided those persons are performing those activities as part of the duties for which they were employed, are performing those activities solely within the confines of or under the jurisdiction of the organization in which they are employed, and do not offer to render or render psychological services as defined in Section 2903 to the public:
(a)Persons who hold a valid and current credential as a school psychologist issued by the Commission on Teacher Credentialing.
(b)Persons who are employed in positions as psychologists or psychological assistants, or in a student counseling service, by accredited or approved colleges, community colleges, or universities; federal, state, county, or municipal governmental organizations that are not primarily involved in the provision of direct health or mental health services. However, those persons may, without obtaining a license under this act, consult or disseminate their research findings and scientific information to other such accredited or approved academic institutions or governmental agencies. They may also offer lectures to the public without being licensed under this chapter.
(c)Persons who meet the educational requirements of subdivision (b) of Section 2914 and who have one year or more of the supervised professional experience referenced in subdivision (c) of Section 2914, if they are employed by nonprofit community agencies that receive a minimum of 25 percent of their financial support from any federal, state, county, or municipal governmental organizations for the purpose of training and providing services. Those persons shall be registered by the agency with the board at the time of employment and shall be identified in the setting as a registered psychologist. Those persons shall be exempt from this chapter for a maximum period of 30 months from the date of registration.
SEC. 3.Section 2910 of the Business and Professions Code is amended to read:2910.This chapter shall not be construed to restrict or prevent activities of a psychological nature on the part of persons who are salaried employees of accredited or approved academic institutions, public schools, or governmental agencies, provided:
(a)Such employees are performing such psychological activities as part of the duties for which they were hired.
(b)Such employees are performing those activities solely within the jurisdiction or confines of such organizations.
(c)Such persons do not hold themselves out to the public by any title or description of activities incorporating the words psychology, psychological, or psychologist.
(d)Such persons do not provide direct health or mental health services.
SEC. 4.SEC. 2.Section 2913 of the Business and Professions Code is amended to read:2913.A person other than a licensed psychologist may be employed by a licensed psychologist, by a licensed physician and surgeon who is board certified in psychiatry by the American Board of Psychiatry and Neurology, by a clinic that provides mental health services under contract pursuant to Section 5614 of the Welfare and Institutions Code, by a psychological corporation, by a licensed psychology clinic as defined in Section 1204.1 of the Health and Safety Code, or by a medical corporation to perform limited psychological functions provided that if all of the following apply:
(a)The person is termed a psychological assistant.
(b)The person (1) has completed a masters degree in psychology or education with the field of specialization in psychology or counseling psychology, or (2) has been admitted to candidacy for a doctoral degree in psychology or education with the field of specialization in psychology or counseling psychology, after having satisfactorily completed three or more years of postgraduate education in psychology and having passed preliminary doctoral examinations, or (3) has completed a doctoral degree that qualifies for licensure under Section 2914, in an accredited or approved university, college, or professional school located in the United States or Canada.
(c)The person is at all times under the immediate supervision, as defined in regulations adopted by the board, of a licensed psychologist, or board certified psychiatrist, who shall be responsible for insuring that the extent, kind, and quality of the psychological services he or she performs are consistent with his or her training and experience and be responsible for his or her compliance with this chapter and regulations duly adopted hereunder, including those provisions set forth in Section 2960.
(d)(1)The licensed psychologist, board certified psychiatrist, contract clinic, psychological corporation, or medical corporation, has registered the psychological assistant with the board. The registration shall be renewed annually in accordance with regulations adopted by the board.
No
(2)No licensed psychologist may register, employ, or supervise more than three psychological assistants at any given time unless specifically authorized to do so by the board. No board certified psychiatrist may register, employ, or supervise more than one psychological assistant at any given time. No contract clinic, psychological corporation, or medical corporation may employ more than 10 assistants at any one time. No contract clinic may register, employ, or provide supervision for more than one psychological assistant for each designated full-time staff psychiatrist who is qualified and supervises the psychological assistants. No psychological assistant may provide psychological services to the public except as an employee of a licensed psychologist, licensed physician, contract clinic, psychological corporation, or medical corporation.
(e)The psychological assistant shall comply with regulations that the board may, from time to time, duly adopt relating to the fulfillment of requirements in continuing education.
(f)No person shall practice as a psychological assistant who is found by the board to be in violation of Section 2960 and the rules and regulations duly adopted thereunder. pursuant to that section.
SEC. 5.SEC. 3.Section 2914 of the Business and Professions Code is amended to read:2914.Each applicant for licensure shall comply with all of the following requirements:
(a)Is not subject to denial of licensure under Division 1.5 (commencing with Section 475).
(b)(1)Possess an earned doctorate degree (1) (A) in psychology, (2) (B) in educational psychology, or (3) (C) in education with the field of specialization in counseling psychology or educational psychology. Except as provided in subdivision (g), this degree or training shall be obtained from an accredited university, college, or professional school. The board shall make the final determination as to whether a degree meets the requirements of this section.
No
(2)No educational institution shall be denied recognition as an accredited academic institution solely because its program is not accredited by any professional organization of psychologists, and nothing in this chapter or in the administration of this chapter shall require the registration with the board by educational institutions of their departments of psychology or their doctoral programs in psychology.
An
(3)An applicant for licensure trained in an educational institution outside the United States or Canada shall demonstrate to the satisfaction of the board that he or she possesses a doctorate degree in psychology that is equivalent to a degree earned from a regionally accredited university in the United States or Canada. These applicants shall provide the board with a comprehensive evaluation of the degree performed by a foreign credential evaluation service that is a member of the National Association of Credential Evaluation Services (NACES), and any other documentation the board deems necessary.
(c)(1)Have engaged for at least two years in supervised professional experience under the direction of a licensed psychologist, the specific requirements of which shall be defined by the board in its regulations, or under suitable alternative supervision as determined by the board in regulations duly adopted under this chapter, at least one year of which shall be after being awarded the doctorate in psychology. The supervisor shall submit verification of the experience required by this subdivision to the trainee in a manner prescribed by the board. If the supervising licensed psychologist fails to provide verification to the trainee in a timely manner, the board may establish alternative procedures for obtaining the necessary documentation. Absent good cause, the failure of a supervising licensed psychologist to provide the verification to the board upon request shall constitute unprofessional conduct.
The
(2)The board shall establish qualifications by regulation for supervising psychologists.
(d)Take and pass the examination required by Section 2941 unless otherwise exempted by the board under this chapter.
(e)Show by evidence satisfactory to the board that he or she has completed training in the detection and treatment of alcohol and other chemical substance dependency. This requirement applies only to applicants who matriculate on or after September 1, 1985.
(f)(1)Show by evidence satisfactory to the board that he or she has completed coursework in spousal or partner abuse assessment, detection, and intervention. This requirement applies to applicants who began graduate training during the period commencing on January 1, 1995, and ending on December 31, 2003.
(2)An applicant who began graduate training on or after January 1, 2004, shall show by evidence satisfactory to the board that he or she has completed a minimum of 15 contact hours of coursework in spousal or partner abuse assessment, detection, and intervention strategies, including knowledge of community resources, cultural factors, and same gender abuse dynamics. An applicant may request an exemption from this requirement if he or she intends to practice in an area that does not include the direct provision of mental health services.
(3)Coursework required under this subdivision may be satisfactory if taken either in fulfillment of other educational requirements for licensure or in a separate course. This requirement for coursework shall be satisfied by, and the board shall accept in satisfaction of the requirement, a certification from the chief academic officer of the educational institution from which the applicant graduated that the required coursework is included within the institutions required curriculum for graduation.
(g)An applicant holding a doctoral degree in psychology from an approved institution is deemed to meet the requirements of this section if all both of the following are true:
(1)The approved institution offered a doctoral degree in psychology designed to prepare students for a license to practice psychology and was approved by the former Bureau for Private Postsecondary and Vocational Education on or before July 1, 1999.
(2)The approved institution has not, since July 1, 1999, had a new location, as described in Section 94721 94823.5 of the Education Code.
(3)The approved institution is not a franchise institution, as defined in Section 94729.3 of the Education Code.
SEC. 6.SEC. 4.Section 1010 of the Evidence Code is amended to read:1010.As used in this article, psychotherapist means a person who is, or is reasonably believed by the patient to be:
(a)A person authorized to practice medicine in any state or nation who devotes, or is reasonably believed by the patient to devote, a substantial portion of his or her time to the practice of psychiatry.
(b)A person licensed as a psychologist under Chapter 6.6 (commencing with Section 2900) of Division 2 of the Business and Professions Code.
(c)A person licensed as a clinical social worker under Article 4 (commencing with Section 4996) of Chapter 14 of Division 2 of the Business and Professions Code, when he or she is engaged in applied psychotherapy of a nonmedical nature.
(d)A person who is serving as a school psychologist and holds a credential authorizing that service issued by the state.
(e)A person licensed as a marriage and family therapist under Chapter 13 (commencing with Section 4980) of Division 2 of the Business and Professions Code.
(f)A person registered as a psychological assistant who is under the supervision of a licensed psychologist or board certified psychiatrist as required by Section 2913 of the Business and Professions Code, or a person registered as a marriage and family therapist intern who is under the supervision of a licensed marriage and family therapist, a licensed clinical social worker, a licensed psychologist, or a licensed physician and surgeon certified in psychiatry, as specified in Section 4980.44 of the Business and Professions Code.
(g)A person registered as an associate clinical social worker who is under supervision as specified in Section 4996.23 of the Business and Professions Code.
(h)A person exempt from the Psychology Licensing Law pursuant to subdivision (c) of Section 2909 of the Business and Professions Code who registered with the Board of Psychology as a registered psychologist and who is under the supervision of a licensed psychologist or board certified psychiatrist.
(i)A psychological intern as defined in Section 2911 of the Business and Professions Code who is under the supervision of a licensed psychologist or board certified psychiatrist.
(j)A trainee, as defined in subdivision (c) of Section 4980.03 of the Business and Professions Code, who is fulfilling his or her supervised practicum required by subparagraph (B) of paragraph (1) of subdivision (d) of Section 4980.36 of, or subdivision (c) of Section 4980.37 of, the Business and Professions Code and is supervised by a licensed psychologist, a board certified psychiatrist, a licensed clinical social worker, a licensed marriage and family therapist, or a licensed professional clinical counselor.
(k)A person licensed as a registered nurse pursuant to Chapter 6 (commencing with Section 2700) of Division 2 of the Business and Professions Code, who possesses a masters degree in psychiatric-mental health nursing and is listed as a psychiatric-mental health nurse by the Board of Registered Nursing.
(l)An advanced practice registered nurse who is certified as a clinical nurse specialist pursuant to Article 9 (commencing with Section 2838) of Chapter 6 of Division 2 of the Business and Professions Code and who participates in expert clinical practice in the specialty of psychiatric-mental health nursing.
(m)A person rendering mental health treatment or counseling services as authorized pursuant to Section 6924 of the Family Code.
(n)A person licensed as a professional clinical counselor under Chapter 16 (commencing with Section 4999.10) of Division 2 of the Business and Professions Code.
(o)A person registered as a clinical counselor intern who is under the supervision of a licensed professional clinical counselor, a licensed marriage and family therapist, a licensed clinical social worker, a licensed psychologist, or a licensed physician and surgeon certified in psychiatry, as specified in Sections 4999.42 to 4999.46, inclusive, of the Business and Professions Code.
(p)A clinical counselor trainee, as defined in subdivision (g) of Section 4999.12 of the Business and Professions Code, who is fulfilling his or her supervised practicum required by paragraph (3) of subdivision (c) of Section 4999.32 of, or paragraph (3) of subdivision (c) of Section 4999.33 of, the Business and Professions Code, and is supervised by a licensed psychologist, a board-certified psychiatrist, a licensed clinical social worker, a licensed marriage and family therapist, or a licensed professional clinical counselor.
SEC. 7.SEC. 5.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
No person may engage in the practice of psychology, or represent himself or herself to be a psychologist, without a license granted under this chapter, except as otherwise provided in this chapter. The practice of psychology is defined as rendering or offering to render to individuals, groups, organizations, or the public any psychological service involving the application of psychological principles, methods, and procedures of understanding, predicting, and influencing behavior, such as the principles pertaining to learning, perception, motivation, emotions, and interpersonal relationships; and the methods and procedures of interviewing, counseling, psychotherapy, behavior modification, and hypnosis; and of constructing, administering, and interpreting tests of mental abilities, aptitudes, interests, attitudes, personality characteristics, emotions, and motivations.
The application of these principles and methods includes, but is not restricted to: assessment, diagnosis, prevention, treatment, and intervention in order to increase effective functioning of individuals, groups, and organizations.
Psychotherapy within the meaning of this chapter means the use of psychological methods in a professional relationship to assist a person or persons to acquire greater human effectiveness or to modify feelings, conditions, attitudes, and behaviors which are emotionally, intellectually, or socially ineffectual or maladaptive.
SEC. 2.Section 2909 of the Business and Professions Code is amended to read:2909.This chapter shall not be construed as restricting or preventing activities of a psychological nature or the use of the official title of the position for which they were employed on the part of the following persons, provided those persons are performing those activities as part of the duties for which they were employed, are performing those activities solely within the confines of or under the jurisdiction of the organization in which they are employed, and do not offer to render or render psychological services as defined in Section 2903 to the public:
(a)Persons who hold a valid and current credential as a school psychologist issued by the Commission on Teacher Credentialing.
(b)Persons who are employed in positions as psychologists or psychological assistants, or in a student counseling service, by accredited or approved colleges, community colleges, or universities; federal, state, county, or municipal governmental organizations that are not primarily involved in the provision of direct health or mental health services. However, those persons may, without obtaining a license under this act, consult or disseminate their research findings and scientific information to other such accredited or approved academic institutions or governmental agencies. They may also offer lectures to the public without being licensed under this chapter.
(c)Persons who meet the educational requirements of subdivision (b) of Section 2914 and who have one year or more of the supervised professional experience referenced in subdivision (c) of Section 2914, if they are employed by nonprofit community agencies that receive a minimum of 25 percent of their financial support from any federal, state, county, or municipal governmental organizations for the purpose of training and providing services. Those persons shall be registered by the agency with the board at the time of employment and shall be identified in the setting as a registered psychologist. Those persons shall be exempt from this chapter for a maximum period of 30 months from the date of registration.
SEC. 3.Section 2910 of the Business and Professions Code is amended to read:2910.This chapter shall not be construed to restrict or prevent activities of a psychological nature on the part of persons who are salaried employees of accredited or approved academic institutions, public schools, or governmental agencies, provided:
(a)Such employees are performing such psychological activities as part of the duties for which they were hired.
(b)Such employees are performing those activities solely within the jurisdiction or confines of such organizations.
(c)Such persons do not hold themselves out to the public by any title or description of activities incorporating the words psychology, psychological, psychologist, psychometry, psychometrics, or psychometrist. or psychologist.
(d)Such persons do not provide direct health or mental health services.
SEC. 4.Section 2913 of the Business and Professions Code is amended to read:2913.A person other than a licensed psychologist may be employed by a licensed psychologist, by a licensed physician and surgeon who is board certified in psychiatry by the American Board of Psychiatry and Neurology, by a clinic that provides mental health services under contract pursuant to Section 5614 of the Welfare and Institutions Code, by a psychological corporation, by a licensed psychology clinic as defined in Section 1204.1 of the Health and Safety Code, or by a medical corporation to perform limited psychological functions provided that all of the following apply:
(a)The person is termed a psychological assistant.
(b)The person (1) has completed a masters degree in psychology or education with the field of specialization in psychology or counseling psychology, or (2) has been admitted to candidacy for a doctoral degree in psychology or education with the field of specialization in psychology or counseling psychology, after having satisfactorily completed three or more years of postgraduate education in psychology and having passed preliminary doctoral examinations, or (3) has completed a doctoral degree that qualifies for licensure under Section 2914, in an accredited or approved university, college, or professional school located in the United States or Canada.
(c)The person is at all times under the immediate supervision, as defined in regulations adopted by the board, of a licensed psychologist, or board certified psychiatrist, who shall be responsible for insuring that the extent, kind, and quality of the psychological services he or she performs are consistent with his or her training and experience and be responsible for his or her compliance with this chapter and regulations duly adopted hereunder, including those provisions set forth in Section 2960.
(d)The licensed psychologist, board certified psychiatrist, contract clinic, psychological corporation, or medical corporation, has registered the psychological assistant with the board. The registration shall be renewed annually in accordance with regulations adopted by the board.
No licensed psychologist may register, employ, or supervise more than three psychological assistants at any given time unless specifically authorized to do so by the board. No board certified psychiatrist may register, employ, or supervise more than one psychological assistant at any given time. No contract clinic, psychological corporation, or medical corporation may employ more than 10 assistants at any one time. No contract clinic may register, employ, or provide supervision for more than one psychological assistant for each designated full-time staff psychiatrist who is qualified and supervises the psychological assistants. No psychological assistant may provide psychological services to the public except as an employee of a licensed psychologist, licensed physician, contract clinic, psychological corporation, or medical corporation.
(e)The psychological assistant shall comply with regulations that the board may, from time to time, duly adopt relating to the fulfillment of requirements in continuing education.
(f)No person shall practice as a psychological assistant who is found by the board to be in violation of Section 2960 and the rules and regulations duly adopted thereunder.
SEC. 5.Section 2914 of the Business and Professions Code is amended to read:2914.Each applicant for licensure shall comply with all of the following requirements:
(a)Is not subject to denial of licensure under Division 1.5 (commencing with Section 475).
(b)Possess an earned doctorate degree (1) in psychology, (2) in educational psychology, or (3) in education with the field of specialization in counseling psychology or educational psychology. Except as provided in subdivision (g), this degree or training shall be obtained from an accredited university, college, or professional school. The board shall make the final determination as to whether a degree meets the requirements of this section.
No educational institution shall be denied recognition as an accredited academic institution solely because its program is not accredited by any professional organization of psychologists, and nothing in this chapter or in the administration of this chapter shall require the registration with the board by educational institutions of their departments of psychology or their doctoral programs in psychology.
An applicant for licensure trained in an educational institution outside the United States or Canada shall demonstrate to the satisfaction of the board that he or she possesses a doctorate degree in psychology that is equivalent to a degree earned from a regionally accredited university in the United States or Canada. These applicants shall provide the board with a comprehensive evaluation of the degree performed by a foreign credential evaluation service that is a member of the National Association of Credential Evaluation Services (NACES), and any other documentation the board deems necessary.
(c)Have engaged for at least two years in supervised professional experience under the direction of a licensed psychologist, the specific requirements of which shall be defined by the board in its regulations, or under suitable alternative supervision as determined by the board in regulations duly adopted under this chapter, at least one year of which shall be after being awarded the doctorate in psychology. The supervisor shall submit verification of the experience required by this subdivision to the trainee in a manner prescribed by the board. If the supervising licensed psychologist fails to provide verification to the trainee in a timely manner, the board may establish alternative procedures for obtaining the necessary documentation. Absent good cause, the failure of a supervising licensed psychologist to provide the verification to the board upon request shall constitute unprofessional conduct.
The board shall establish qualifications by regulation for supervising psychologists.
(d)Take and pass the examination required by Section 2941 unless otherwise exempted by the board under this chapter.
(e)Show by evidence satisfactory to the board that he or she has completed training in the detection and treatment of alcohol and other chemical substance dependency. This requirement applies only to applicants who matriculate on or after September 1, 1985.
(f)(1)Show by evidence satisfactory to the board that he or she has completed coursework in spousal or partner abuse assessment, detection, and intervention. This requirement applies to applicants who began graduate training during the period commencing on January 1, 1995, and ending on December 31, 2003.
(2)An applicant who began graduate training on or after January 1, 2004, shall show by evidence satisfactory to the board that he or she has completed a minimum of 15 contact hours of coursework in spousal or partner abuse assessment, detection, and intervention strategies, including knowledge of community resources, cultural factors, and same gender abuse dynamics. An applicant may request an exemption from this requirement if he or she intends to practice in an area that does not include the direct provision of mental health services.
(3)Coursework required under this subdivision may be satisfactory if taken either in fulfillment of other educational requirements for licensure or in a separate course. This requirement for coursework shall be satisfied by, and the board shall accept in satisfaction of the requirement, a certification from the chief academic officer of the educational institution from which the applicant graduated that the required coursework is included within the institutions required curriculum for graduation.
(g)An applicant holding a doctoral degree in psychology from an approved institution is deemed to meet the requirements of this section if all of the following are true:
(1)The approved institution offered a doctoral degree in psychology designed to prepare students for a license to practice psychology and was approved by the Bureau for Private Postsecondary and Vocational Education on or before July 1, 1999.
(2)The approved institution has not, since July 1, 1999, had a new location, as described in Section 94721 of the Education Code.
(3)The approved institution is not a franchise institution, as defined in Section 94729.3 of the Education Code.
SEC. 6.Section 1010 of the Evidence Code is amended to read:1010.As used in this article, psychotherapist means a person who is, or is reasonably believed by the patient to be:
(a)A person authorized to practice medicine in any state or nation who devotes, or is reasonably believed by the patient to devote, a substantial portion of his or her time to the practice of psychiatry.
(b)A person licensed as a psychologist under Chapter 6.6 (commencing with Section 2900) of Division 2 of the Business and Professions Code.
(c)A person licensed as a clinical social worker under Article 4 (commencing with Section 4996) of Chapter 14 of Division 2 of the Business and Professions Code, when he or she is engaged in applied psychotherapy of a nonmedical nature.
(d)A person who is serving as a school psychologist and holds a credential authorizing that service issued by the state.
(e)A person licensed as a marriage and family therapist under Chapter 13 (commencing with Section 4980) of Division 2 of the Business and Professions Code.
(f)A person registered as a psychological assistant who is under the supervision of a licensed psychologist or board certified psychiatrist as required by Section 2913 of the Business and Professions Code, or a person registered as a marriage and family therapist intern who is under the supervision of a licensed marriage and family therapist, a licensed clinical social worker, a licensed psychologist, or a licensed physician and surgeon certified in psychiatry, as specified in Section 4980.44 of the Business and Professions Code.
(g)A person registered as an associate clinical social worker who is under supervision as specified in Section 4996.23 of the Business and Professions Code.
(h)A person exempt from the Psychology Licensing Law pursuant to subdivision (c) of Section 2909 of the Business and Professions Code who is under the supervision of a licensed psychologist or board certified psychiatrist.
(i)A psychological intern as defined in Section 2911 of the Business and Professions Code who is under the supervision of a licensed psychologist or board certified psychiatrist.
(j)A trainee, as defined in subdivision (c) of Section 4980.03 of the Business and Professions Code, who is fulfilling his or her supervised practicum required by subparagraph (B) of paragraph (1) of subdivision (d) of Section 4980.36 of, or subdivision (c) of Section 4980.37 of, the Business and Professions Code and is supervised by a licensed psychologist, a board certified psychiatrist, a licensed clinical social worker, a licensed marriage and family therapist, or a licensed professional clinical counselor.
(k)A person licensed as a registered nurse pursuant to Chapter 6 (commencing with Section 2700) of Division 2 of the Business and Professions Code, who possesses a masters degree in psychiatric-mental health nursing and is listed as a psychiatric-mental health nurse by the Board of Registered Nursing.
(l)An advanced practice registered nurse who is certified as a clinical nurse specialist pursuant to Article 9 (commencing with Section 2838) of Chapter 6 of Division 2 of the Business and Professions Code and who participates in expert clinical practice in the specialty of psychiatric-mental health nursing.
(m)A person rendering mental health treatment or counseling services as authorized pursuant to Section 6924 of the Family Code.
(n)A person licensed as a professional clinical counselor under Chapter 16 (commencing with Section 4999.10) of Division 2 of the Business and Professions Code.
(o)A person registered as a clinical counselor intern who is under the supervision of a licensed professional clinical counselor, a licensed marriage and family therapist, a licensed clinical social worker, a licensed psychologist, or a licensed physician and surgeon certified in psychiatry, as specified in Sections 4999.42 to 4999.46, inclusive, of the Business and Professions Code.
(p)A clinical counselor trainee, as defined in subdivision (g) of Section 4999.12 of the Business and Professions Code, who is fulfilling his or her supervised practicum required by paragraph (3) of subdivision (c) of Section 4999.32 of, or paragraph (3) of subdivision (c) of Section 4999.33 of, the Business and Professions Code, and is supervised by a licensed psychologist, a board-certified psychiatrist, a licensed clinical social worker, a licensed marriage and family therapist, or a licensed professional clinical counselor.
SEC. 7.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
No person may engage in the practice of psychology, or represent himself or herself to be a psychologist, without a license granted under this chapter, except as otherwise provided in this chapter. The practice of psychology is defined as rendering or offering to render to individuals, groups, organizations, or the public any psychological service involving the application of psychological principles, methods, and procedures of understanding, predicting, and influencing behavior, such as the principles pertaining to learning, perception, motivation, emotions, and interpersonal relationships; and the methods and procedures of interviewing, counseling, psychotherapy, behavior modification, and hypnosis; and of constructing, administering, and interpreting tests of mental abilities, aptitudes, interests, attitudes, personality characteristics, emotions, and motivations.
The application of these principles and methods includes, but is not restricted to: assessment, diagnosis, prevention, treatment, and intervention in order to increase effective functioning of individuals, groups, and organizations.
Psychotherapy within the meaning of this chapter means the use of psychological methods in a professional relationship to assist a person or persons to acquire greater human effectiveness or to modify feelings, conditions, attitudes attitudes, and behavior behaviors which are emotionally, intellectually, or socially ineffectual or maladaptive.
SEC. 2.Section 2909 of the Business and Professions Code is amended to read:2909.This chapter shall not be construed as restricting or preventing activities of a psychological nature or the use of the official title of the position for which they were employed on the part of the following persons, provided those persons are performing those activities as part of the duties for which they were employed, are performing those activities solely within the confines of or under the jurisdiction of the organization in which they are employed employed, and do not offer to render or render psychological services as defined in Section 2903 to the public:
(a)Persons who hold a valid and current credential as a school psychologist issued by the State Department of Education. Commission on Teacher Credentialing.
(b)Persons who hold a valid and current credential as a psychometrist issued by the State Department of Education.
(c)
(b)Persons who are employed in positions as psychologists or psychological assistants, or in a student counseling service, by accredited or approved colleges, junior community colleges, or universities; federal, state, county, or municipal governmental organizations that are not primarily involved in the provision of direct health or mental health services. However, those persons may, without obtaining a license under this act, consult or disseminate their research findings and scientific information to other such accredited or approved academic institutions or governmental agencies. They may also offer lectures to the public without being licensed under this chapter.
(d)
(c)Persons who meet the educational requirements of subdivision (b) of Section 2914 and who have one year or more of the supervised professional experience referenced in subdivision (c) of Section 2914, if they are employed by nonprofit community agencies that receive a minimum of 25 percent of their financial support from any federal, state, county, or municipal governmental organizations for the purpose of training and providing services. Those persons shall be registered by the agency with the board at the time of employment and shall be identified in the setting as a registered psychologist. Those persons shall be exempt from this chapter for a maximum period of 30 months from the date of registration.
SEC. 3.Section 2910 of the Business and Professions Code is amended to read:2910.This chapter shall not be construed to restrict or prevent activities of a psychological nature on the part of persons who are salaried employees of accredited or approved academic institutions, public schools, or governmental agencies, provided:
(a)Such employees are performing such psychological activities as part of the duties for which they were hired.
(b)Such employees are performing those activities solely within the jurisdiction or confines of such organizations.
(c)Such persons do not hold themselves out to the public by any title or description of activities incorporating the words psychology, psychological, psychologist, psychometry, psychometrics, or psychometrist.
(d)Such persons do not provide direct health or mental health services.
SEC. 4.Section 2913 of the Business and Professions Code is amended to read:2913.A person other than a licensed psychologist may be employed by a licensed psychologist, by a licensed physician and surgeon who is board certified in psychiatry by the American Board of Psychiatry and Neurology, by a clinic that provides mental health services under contract pursuant to Section 5614 of the Welfare and Institutions Code, by a psychological corporation, by a licensed psychology clinic as defined in Section 1204.1 of the Health and Safety Code, or by a medical corporation to perform limited psychological functions provided that all of the following apply:
(a)The person is termed a psychological assistant.
(b)The person (1) has completed a masters degree in psychology or education with the field of specialization in psychology or counseling psychology, or (2) has been admitted to candidacy for a doctoral degree in psychology or education with the field of specialization in psychology or counseling psychology, after having satisfactorily completed three or more years of postgraduate education in psychology and having passed preliminary doctoral examinations, or (3) has completed a doctoral degree that qualifies for licensure under Section 2914, in an accredited or approved university, college, or professional school located in the United States or Canada.
(c)The person is at all times under the immediate supervision, as defined in regulations adopted by the board, of a licensed psychologist, or board certified psychiatrist, who shall be responsible for insuring that the extent, kind, and quality of the psychological services he or she performs are consistent with his or her training and experience and be responsible for his or her compliance with this chapter and regulations duly adopted hereunder, including those provisions set forth in Section 2960.
(d)The licensed psychologist, board certified psychiatrist, contract clinic, psychological corporation, or medical corporation, has registered the psychological assistant with the board. The registration shall be renewed annually in accordance with regulations adopted by the board.
No licensed psychologist may register, employ, or supervise more than three psychological assistants at any given time unless specifically authorized to do so by the board. No board certified psychiatrist may register, employ, or supervise more than one psychological assistant at any given time. No contract clinic, psychological corporation, or medical corporation may employ more than 10 assistants at any one time. No contract clinic may register, employ, or provide supervision for more than one psychological assistant for each designated full-time staff psychiatrist who is qualified and supervises the psychological assistants. No psychological assistant may provide psychological services to the public except as an employee of a licensed psychologist, licensed physician, contract clinic, psychological corporation, or medical corporation.
(e)The psychological assistant shall comply with regulations that the board may, from time to time, duly adopt relating to the fulfillment of requirements in continuing education.
(f)No person shall practice as a psychological assistant who is found by the board to be in violation of Section 2960 and the rules and regulations duly adopted thereunder.
SEC. 5.Section 2914 of the Business and Professions Code is amended to read:2914.Each applicant for licensure shall comply with all of the following requirements:
(a)Is not subject to denial of licensure under Division 1.5 (commencing with Section 475).
(b)Possess an earned doctorate degree (1) in psychology, (2) in educational psychology, or (3) in education with the field of specialization in counseling psychology or educational psychology. Except as provided in subdivision (g), this degree or training shall be obtained from an accredited university, college, or professional school. The board shall make the final determination as to whether a degree meets the requirements of this section.
No educational institution shall be denied recognition as an accredited academic institution solely because its program is not accredited by any professional organization of psychologists, and nothing in this chapter or in the administration of this chapter shall require the registration with the board by educational institutions of their departments of psychology or their doctoral programs in psychology.
An applicant for licensure trained in an educational institution outside the United States or Canada shall demonstrate to the satisfaction of the board that he or she possesses a doctorate degree in psychology that is equivalent to a degree earned from a regionally accredited university in the United States or Canada. These applicants shall provide the board with a comprehensive evaluation of the degree performed by a foreign credential evaluation service that is a member of the National Association of Credential Evaluation Services (NACES), and any other documentation the board deems necessary.
(c)Have engaged for at least two years in supervised professional experience under the direction of a licensed psychologist, the specific requirements of which shall be defined by the board in its regulations, or under suitable alternative supervision as determined by the board in regulations duly adopted under this chapter, at least one year of which shall be after being awarded the doctorate in psychology. The supervisor shall submit verification of the experience required by this subdivision to the board as trainee in a manner prescribed by the board. If the supervisor fails to submit verification of experience to the board, the applicant may submit verification directly to the board as determined by the board. supervising licensed psychologist fails to provide verification to the trainee in a timely manner, the board may establish alternative procedures for obtaining the necessary documentation. Absent good cause, the failure of a supervising licensed psychologist to provide the verification to the board upon request shall constitute unprofessional conduct.
The authority provided by this subdivision for an applicant to file written verification directly shall apply only to an applicant who has acquired the experience required by this subdivision in the United States or Canada.
The board shall establish qualifications by regulation for supervising psychologists and shall review and approve applicants on a case-by-case basis. psychologists.
(d)Take and pass the examination required by Section 2941 unless otherwise exempted by the board under this chapter.
(e)Show by evidence satisfactory to the board that he or she has completed training in the detection and treatment of alcohol and other chemical substance dependency. This requirement applies only to applicants who matriculate on or after September 1, 1985.
(f)(1)Show by evidence satisfactory to the board that he or she has completed coursework in spousal or partner abuse assessment, detection, and intervention. This requirement applies to applicants who began graduate training during the period commencing on January 1, 1995, and ending on December 31, 2003.
(2)An applicant who began graduate training on or after January 1, 2004, shall show by evidence satisfactory to the board that he or she has completed a minimum of 15 contact hours of coursework in spousal or partner abuse assessment, detection, and intervention strategies, including knowledge of community resources, cultural factors, and same gender abuse dynamics. An applicant may request an exemption from this requirement if he or she intends to practice in an area that does not include the direct provision of mental health services.
(3)Coursework required under this subdivision may be satisfactory if taken either in fulfillment of other educational requirements for licensure or in a separate course. This requirement for coursework shall be satisfied by, and the board shall accept in satisfaction of the requirement, a certification from the chief academic officer of the educational institution from which the applicant graduated that the required coursework is included within the institutions required curriculum for graduation.
(g)An applicant holding a doctoral degree in psychology from an approved institution is deemed to meet the requirements of this section if all of the following are true:
(1)The approved institution offered a doctoral degree in psychology designed to prepare students for a license to practice psychology and was approved by the Bureau for Private Postsecondary and Vocational Education on or before July 1, 1999.
(2)The approved institution has not, since July 1, 1999, had a new location, as described in Section 94721 of the Education Code.
(3)The approved institution is not a franchise institution, as defined in Section 94729.3 of the Education Code.
SEC. 6.Section 1010 of the Evidence Code is amended to read:1010.As used in this article, psychotherapist means a person who is, or is reasonably believed by the patient to be:
(a)A person authorized to practice medicine in any state or nation who devotes, or is reasonably believed by the patient to devote, a substantial portion of his or her time to the practice of psychiatry.
(b)A person licensed as a psychologist under Chapter 6.6 (commencing with Section 2900) of Division 2 of the Business and Professions Code.
(c)A person licensed as a clinical social worker under Article 4 (commencing with Section 4996) of Chapter 14 of Division 2 of the Business and Professions Code, when he or she is engaged in applied psychotherapy of a nonmedical nature.
(d)A person who is serving as a school psychologist and holds a credential authorizing that service issued by the state.
(e)A person licensed as a marriage and family therapist under Chapter 13 (commencing with Section 4980) of Division 2 of the Business and Professions Code.
(f)A person registered as a psychological assistant who is under the supervision of a licensed psychologist or board certified psychiatrist as required by Section 2913 of the Business and Professions Code, or a person registered as a marriage and family therapist intern who is under the supervision of a licensed marriage and family therapist, a licensed clinical social worker, a licensed psychologist, or a licensed physician and surgeon certified in psychiatry, as specified in Section 4980.44 of the Business and Professions Code.
(g)A person registered as an associate clinical social worker who is under supervision as specified in Section 4996.23 of the Business and Professions Code.
(h)A person exempt from the Psychology Licensing Law pursuant to subdivision (d) (c) of Section 2909 of the Business and Professions Code who is under the supervision of a licensed psychologist or board certified psychiatrist.
(i)A psychological intern as defined in Section 2911 of the Business and Professions Code who is under the supervision of a licensed psychologist or board certified psychiatrist.
(j)A trainee, as defined in subdivision (c) of Section 4980.03 of the Business and Professions Code, who is fulfilling his or her supervised practicum required by subparagraph (B) of paragraph (1) of subdivision (d) of Section 4980.36 of, or subdivision (c) of Section 4980.37 of, the Business and Professions Code and is supervised by a licensed psychologist, a board certified psychiatrist, a licensed clinical social worker, a licensed marriage and family therapist, or a licensed professional clinical counselor.
(k)A person licensed as a registered nurse pursuant to Chapter 6 (commencing with Section 2700) of Division 2 of the Business and Professions Code, who possesses a masters degree in psychiatric-mental health nursing and is listed as a psychiatric-mental health nurse by the Board of Registered Nursing.
(l)An advanced practice registered nurse who is certified as a clinical nurse specialist pursuant to Article 9 (commencing with Section 2838) of Chapter 6 of Division 2 of the Business and Professions Code and who participates in expert clinical practice in the specialty of psychiatric-mental health nursing.
(m)A person rendering mental health treatment or counseling services as authorized pursuant to Section 6924 of the Family Code.
(n)A person licensed as a professional clinical counselor under Chapter 16 (commencing with Section 4999.10) of Division 2 of the Business and Professions Code.
(o)A person registered as a clinical counselor intern who is under the supervision of a licensed professional clinical counselor, a licensed marriage and family therapist, a licensed clinical social worker, a licensed psychologist, or a licensed physician and surgeon certified in psychiatry, as specified in Sections 4999.42 to 4999.46, inclusive, of the Business and Professions Code.
(p)A clinical counselor trainee, as defined in subdivision (g) of Section 4999.12 of the Business and Professions Code, who is fulfilling his or her supervised practicum required by paragraph (3) of subdivision (c) of Section 4999.32 of, or paragraph (3) of subdivision (c) of Section 4999.33 of, the Business and Professions Code, and is supervised by a licensed psychologist, a board-certified psychiatrist, a licensed clinical social worker, a licensed marriage and family therapist, or a licensed professional clinical counselor.
SEC. 6.SEC. 7.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
No person may engage in the practice of psychology, or represent himself or herself to be a psychologist, without a license granted under this chapter, except as otherwise provided in this chapter. The practice of psychology is defined as rendering or offering to render for a fee to individuals, groups, organizations organizations, or the public any psychological service involving the application of psychological principles, methods, and procedures of understanding, predicting, and influencing behavior, such as the principles pertaining to learning, perception, motivation, emotions, and interpersonal relationships; and the methods and procedures of interviewing, counseling, psychotherapy, behavior modification, and hypnosis; and of constructing, administering, and interpreting tests of mental abilities, aptitudes, interests, attitudes, personality characteristics, emotions, and motivations.
The application of these principles and methods includes, but is not restricted to: assessment, diagnosis, prevention, treatment, and amelioration of psychological problems and emotional and mental disorders of individuals and groups. intervention in order to increase effective functioning of individuals, groups, and organizations.
Psychotherapy within the meaning of this chapter means the use of psychological methods in a professional relationship to assist a person or persons to acquire greater human effectiveness or to modify feelings, conditions, attitudes and behavior which are emotionally, intellectually, or socially ineffectual or maladjustive. maladaptive.
As used in this chapter, fee means any charge, monetary or otherwise, whether paid directly or paid on a prepaid or capitation basis by a third party, or a charge assessed by a facility, for services rendered.
SEC. 2.Section 2909 of the Business and Professions Code is amended to read:2909.Nothing in this This chapter shall not be construed as restricting or preventing activities of a psychological nature or the use of the official title of the position for which they were employed on the part of the following persons, provided those persons are performing those activities as part of the duties for which they were employed, are performing those activities solely within the confines of or under the jurisdiction of the organization in which they are employed and do not offer to render or render psychological services as defined in Section 2903 to the public for a fee, monetary or otherwise, over and above the salary they receive for the performance of their official duties with the organization in which they are employed: public:
(a)Persons who hold a valid and current credential as a school psychologist issued by the California State Department of Education.
(b)Persons who hold a valid and current credential as a psychometrist issued by the California State Department of Education.
(c)Persons who are employed in positions as psychologists or psychological assistants, or in a student counseling service, by accredited or approved colleges, junior colleges colleges, or universities; federal, state, county county, or municipal governmental organizations which that are not primarily involved in the provision of direct health or mental health services. However, those persons may, without obtaining a license under this act, consult or disseminate their research findings and scientific information to other such accredited or approved academic institutions or governmental agencies. They may also offer lectures to the public for a fee, monetary or otherwise, without being licensed under this chapter.
(d)Persons who meet the educational requirements of subdivision (b) of Section 2914 and who have one year or more of the supervised professional experience referenced in subdivision (c) of Section 2914, if they are employed by nonprofit community agencies that receive a minimum of 25 percent of their financial support from any federal, state, county, or municipal governmental organizations for the purpose of training and providing services. Those persons shall be registered by the agency with the board at the time of employment and shall be identified in the setting as a registered psychologist. Those persons shall be exempt from this chapter for a maximum period of 30 months from the date of registration.
SEC. 3.Section 2910 of the Business and Professions Code is amended to read:2910.Nothing in this This chapter shall not be construed to restrict or prevent activities of a psychological nature on the part of persons who are salaried employees of accredited or approved academic institutions, public schools schools, or governmental agencies, provided:
(a)Such employees are performing such psychological activities as part of the duties for which they were hired; hired.
(b)Such employees are performing those activities solely within the jurisdiction or confines of such organizations; organizations.
(c)Such persons do not hold themselves out to the public by any title or description of activities incorporating the words psychology, psychological, psychologist, psychometry, psychometrics psychometrics, or psychometrist; psychometrist.
(d)Such persons do not offer their services to the public for a fee, monetary or otherwise;
(e)
(d)Such persons do not provide direct health or mental health services.
SEC. 4.Section 2913 of the Business and Professions Code is amended to read:2913.A person other than a licensed psychologist may be employed by a licensed psychologist, by a licensed physician and surgeon who is board certified in psychiatry by the American Board of Psychiatry and Neurology, by a clinic which that provides mental health services under contract pursuant to Section 5614 of the Welfare and Institutions Code, by a psychological corporation, by a licensed psychology clinic as defined in Section 1204.1 of the Health and Safety Code, or by a medical corporation to perform limited psychological functions provided that all of the following apply:
(a)The person is termed a psychological assistant.
(b)The person (1) has completed a masters degree in psychology or education with the field of specialization in psychology or counseling psychology, or (2) has been admitted to candidacy for a doctoral degree in psychology or education with the field of specialization in psychology or counseling psychology, after having satisfactorily completed three or more years of postgraduate education in psychology and having passed preliminary doctoral examinations, or (3) has completed a doctoral degree which that qualifies for licensure under Section 2914, in an accredited or approved university, college, or professional school located in the United States or Canada.
(c)The person is at all times under the immediate supervision, as defined in regulations adopted by the board, of a licensed psychologist, or board certified psychiatrist, who shall be responsible for insuring that the extent, kind, and quality of the psychological services he or she performs are consistent with his or her training and experience and be responsible for his or her compliance with this chapter and regulations duly adopted hereunder, including those provisions set forth in Section 2960.
(d)The licensed psychologist, board certified psychiatrist, contract clinic, psychological corporation, or medical corporation, has registered the psychological assistant with the board. The registration shall be renewed annually in accordance with regulations adopted by the board.
No licensed psychologist may register, employ, or supervise more than three psychological assistants at any given time unless specifically authorized to do so by the board. No board certified psychiatrist may register, employ, or supervise more than one psychological assistant at any given time. No contract clinic, psychological corporation, or medical corporation may employ more than 10 assistants at any one time. No contract clinic may register, employ, or provide supervision for more than one psychological assistant for each designated full-time staff psychiatrist who is qualified and supervises the psychological assistants. No psychological assistant may provide psychological services to the public for a fee, monetary or otherwise, except as an employee of a licensed psychologist, licensed physician, contract clinic, psychological corporation, or medical corporation.
(e)The psychological assistant shall comply with regulations that the board may, from time to time, duly adopt relating to the fulfillment of requirements in continuing education.
(f)No person shall practice as a psychological assistant who is found by the board to be in violation of Section 2960 and the rules and regulations duly adopted thereunder.
SECTION 1.SEC. 5.Section 2914 of the Business and Professions Code is amended to read:2914.Each applicant for licensure shall comply with all of the following requirements:
(a)Is not subject to denial of licensure under Division 1.5 (commencing with Section 475).
(b)Possess an earned doctorate degree (1) in psychology, (2) in educational psychology, or (3) in education with the field of specialization in counseling psychology or educational psychology. Except as provided in subdivision (g), this degree or training shall be obtained from an accredited university, college, or professional school. The board shall make the final determination as to whether a degree meets the requirements of this section.
No educational institution shall be denied recognition as an accredited academic institution solely because its program is not accredited by any professional organization of psychologists, and nothing in this chapter or in the administration of this chapter shall require the registration with the board by educational institutions of their departments of psychology or their doctoral programs in psychology.
An applicant for licensure trained in an educational institution outside the United States or Canada shall demonstrate to the satisfaction of the board that he or she possesses a doctorate degree in psychology that is equivalent to a degree earned from a regionally accredited university in the United States or Canada. These applicants shall provide the board with a comprehensive evaluation of the degree performed by a foreign credential evaluation service that is a member of the National Association of Credential Evaluation Services (NACES), and any other documentation the board deems necessary.
(c)Have engaged for at least two years in supervised professional experience under the direction of a licensed psychologist, the specific requirements of which shall be defined by the board in its regulations, or under suitable alternative supervision as determined by the board in regulations duly adopted under this chapter, at least one year of which shall be after being awarded the doctorate in psychology. The supervisor shall submit verification of the experience required by this subdivision to the board as prescribed by the board. If the supervisor fails to submit verification of experience to the board, the applicant may submit verification directly to the board as determined by the board.
The authority provided by this subdivision for an applicant to file written verification directly shall apply only to an applicant who has acquired the experience required by this subdivision in the United States or Canada.
The board shall establish qualifications by regulation for supervising psychologists and shall review and approve applicants on a case-by-case basis.
(d)Take and pass the examination required by Section 2941 unless otherwise exempted by the board under this chapter.
(e)Show by evidence satisfactory to the board that he or she has completed training in the detection and treatment of alcohol and other chemical substance dependency. This requirement applies only to applicants who matriculate on or after September 1, 1985.
(f)(1)Show by evidence satisfactory to the board that he or she has completed coursework in spousal or partner abuse assessment, detection, and intervention. This requirement applies to applicants who began graduate training during the period commencing on January 1, 1995, and ending on December 31, 2003.
(2)An applicant who began graduate training on or after January 1, 2004, shall show by evidence satisfactory to the board that he or she has completed a minimum of 15 contact hours of coursework in spousal or partner abuse assessment, detection, and intervention strategies, including knowledge of community resources, cultural factors, and same gender abuse dynamics. An applicant may request an exemption from this requirement if he or she intends to practice in an area that does not include the direct provision of mental health services.
(3)Coursework required under this subdivision may be satisfactory if taken either in fulfillment of other educational requirements for licensure or in a separate course. This requirement for coursework shall be satisfied by, and the board shall accept in satisfaction of the requirement, a certification from the chief academic officer of the educational institution from which the applicant graduated that the required coursework is included within the institutions required curriculum for graduation.
(g)An applicant holding a doctoral degree in psychology from an approved institution is deemed to meet the requirements of this section if all of the following are true:
(1)The approved institution offered a doctoral degree in psychology designed to prepare students for a license to practice psychology and was approved by the Bureau for Private Postsecondary and Vocational Education on or before July 1, 1999.
(2)The approved institution has not, since July 1, 1999, had a new location, as described in Section 94721 of the Education Code.
(3)The approved institution is not a franchise institution, as defined in Section 94729.3 of the Education Code.
SEC. 2.SEC. 6.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
Each applicant for licensure shall comply with all of the following requirements:
(a)Is not subject to denial of licensure under Division 1.5. 1.5 (commencing with Section 475).
(b)Possess an earned doctorate degree (1) in psychology, (2) in educational psychology, or (3) in education with the field of specialization in counseling psychology or educational psychology. Except as provided in subdivision (g), this degree or training shall be obtained from an accredited university, college, or professional school. The board shall make the final determination as to whether a degree meets the requirements of this section.
No educational institution shall be denied recognition as an accredited academic institution solely because its program is not accredited by any professional organization of psychologists, and nothing in this chapter or in the administration of this chapter shall require the registration with the board by educational institutions of their departments of psychology or their doctoral programs in psychology.
An applicant for licensure trained in an educational institution outside the United States or Canada shall demonstrate to the satisfaction of the board that he or she possesses a doctorate degree in psychology that is equivalent to a degree earned from a regionally accredited university in the United States or Canada. These applicants shall provide the board with a comprehensive evaluation of the degree performed by a foreign credential evaluation service that is a member of the National Association of Credential Evaluation Services (NACES), and any other documentation the board deems necessary.
(c)Have engaged for at least two years in supervised professional experience under the direction of a licensed psychologist, the specific requirements of which shall be defined by the board in its regulations, or under suitable alternative supervision as determined by the board in regulations duly adopted under this chapter, at least one year of which shall be after being awarded the doctorate in psychology. If the supervising licensed psychologist fails to provide verification to the board of the experience required by this subdivision within 30 days after being so requested by the applicant, the applicant may provide written verification directly to the board. The supervisor shall submit verification of the experience required by this subdivision to the board as prescribed by the board. If the supervisor fails to submit verification of experience to the board, the applicant may submit verification directly to the board as determined by the board.
If the applicant sends verification directly to the board, the applicant shall file with the board a declaration of proof of service, under penalty of perjury, of the request for verification. A copy of the completed verification forms shall be provided to the supervising psychologist and the applicant shall prove to the board that a copy has been sent to the supervising psychologist by filing a declaration of proof of service under penalty of perjury, and shall file this declaration with the board when the verification forms are submitted.
Upon receipt by the board of the applicants verification and declarations, a rebuttable presumption affecting the burden of producing evidence is created that the supervised, professional experience requirements of this subdivision have been satisfied. The supervising psychologist shall have 20 days from the day the board receives the verification and declaration to file a rebuttal with the board.
The authority provided by this subdivision for an applicant to file written verification directly shall apply only to an applicant who has acquired the experience required by this subdivision in the United States. States or Canada.
The board shall establish qualifications by regulation for supervising psychologists and shall review and approve applicants for this position on a case-by-case basis.
(d)Take and pass the examination required by Section 2941 unless otherwise exempted by the board under this chapter.
(e)Show by evidence satisfactory to the board that he or she has completed training in the detection and treatment of alcohol and other chemical substance dependency. This requirement applies only to applicants who matriculate on or after September 1, 1985.
(f)(1)Show by evidence satisfactory to the board that he or she has completed coursework in spousal or partner abuse assessment, detection, and intervention. This requirement applies to applicants who began graduate training during the period commencing on January 1, 1995, and ending on December 31, 2003.
(2)An applicant who began graduate training on or after January 1, 2004, shall show by evidence satisfactory to the board that he or she has completed a minimum of 15 contact hours of coursework in spousal or partner abuse assessment, detection, and intervention strategies, including knowledge of community resources, cultural factors, and same gender abuse dynamics. An applicant may request an exemption from this requirement if he or she intends to practice in an area that does not include the direct provision of mental health services.
(3)Coursework required under this subdivision may be satisfactory if taken either in fulfillment of other educational requirements for licensure or in a separate course. This requirement for coursework shall be satisfied by, and the board shall accept in satisfaction of the requirement, a certification from the chief academic officer of the educational institution from which the applicant graduated that the required coursework is included within the institutions required curriculum for graduation.
(g)An applicant holding a doctoral degree in psychology from an approved institution is deemed to meet the requirements of this section if all of the following are true:
(1)The approved institution offered a doctoral degree in psychology designed to prepare students for a license to practice psychology and was approved by the Bureau for Private Postsecondary and Vocational Education on or before July 1, 1999.
(2)The approved institution has not, since July 1, 1999, had a new location, as described in Section 94721 of the Education Code.
(3)The approved institution is not a franchise institution, as defined in Section 94729.3 of the Education Code.
SEC. 2.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
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Date
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Status
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| Jun 11, 2015 | Read second time and amended. Re-referred to Com. on APPR. |
| Oct 6, 2015 | Chaptered by Secretary of State - Chapter 529, Statutes of 2015. |
| Oct 6, 2015 | Approved by the Governor. |
| Sep 3, 2015 | Enrolled and presented to the Governor at 4 p.m. |
| Aug 27, 2015 | Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 78. Noes 0.). |
| Aug 27, 2015 | Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 78. Noes 0. Page 2616.). |
| Aug 25, 2015 | In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 27 pursuant to Assembly Rule 77. |
| Aug 24, 2015 | Read third time. Passed. Ordered to the Assembly. (Ayes 40. Noes 0. Page 2150.). |
| Aug 24, 2015 | Read third time. Passed. Ordered to the Assembly. |
| Jul 15, 2015 | Read second time. Ordered to third reading. |
| Jul 14, 2015 | Read third time and amended. Ordered to second reading. |
| Jul 2, 2015 | Ordered to third reading. |
| Jul 2, 2015 | From Consent Calendar. |
| Jun 30, 2015 | Read second time. Ordered to Consent Calendar. |
| Jun 29, 2015 | From committee: Be placed on second reading file pursuant to Senate Rule 28.8 and ordered to consent calendar. |
| Feb 27, 2015 | Introduced. To print. |
| Jun 10, 2015 | From committee: Amend, and do pass as amended and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 9. Noes 0.) (June 8). |
| Jun 1, 2015 | From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on B., P. & E.D. |
| May 14, 2015 | Referred to Com. on B., P. & E.D. |
| Apr 30, 2015 | Read third time. Passed. Ordered to the Senate. (Ayes 77. Noes 0. Page 1226.) |
| Apr 30, 2015 | Read third time. Passed. Ordered to the Senate. |
| Apr 30, 2015 | In Senate. Read first time. To Com. on RLS. for assignment. |
| Apr 23, 2015 | Read second time. Ordered to Consent Calendar. |
| Apr 22, 2015 | From committee: Do pass. To Consent Calendar. (Ayes 17. Noes 0.) (April 22). |
| Apr 14, 2015 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 14. Noes 0.) (April 14). Re-referred to Com. on APPR. |
| Apr 7, 2015 | Re-referred to Com. on B. & P. |
| Apr 6, 2015 | From committee chair, with author's amendments: Amend, and re-refer to Com. on B. & P. Read second time and amended. |
| Mar 23, 2015 | Referred to Com. on B. & P. |
| Mar 2, 2015 | Read first time. |
| Mar 1, 2015 | From printer. May be heard in committee March 31. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Aug 27, 2015 | AB 1374 LEVINE Concurrence in Senate Amendments | Assembly Floor |
Passed |
|
| Aug 24, 2015 | Assembly 3rd Reading AB1374 Levine By Bates | Senate Floor |
Passed |
|
| Jun 8, 2015 | Do pass as amended, but first amend, and re-refer to the Committee on [Appropriations] with the recommendation: To Consent Calendar | Senate Standing Committee on Business, Professions and Economic Development |
Passed |
|
| Apr 30, 2015 | AB 1374 LEVINE Consent Calendar Second Day Regular Session | Assembly Floor |
Passed |
|
| Apr 22, 2015 | Do pass. To Consent Calendar. | Assembly Standing Committee on Appropriations |
Passed |
|
| Apr 14, 2015 | Do pass and be re-referred to the Committee on [Appropriations] | Assembly Standing Committee on Business and Professions |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| Board of Psychology | ** Support | Aug 24, 2015 |
| California Board of Psychology | ** Support | Aug 24, 2015 |
| California Psychological Association | ** Support | Aug 24, 2015 |
AB 1374
Page 3
CONCURRENCE IN SENATE AMENDMENTS
AB 1374
(Levine)
As Amended July 14, 2015
Majority vote
ASSEMBLY: |
77-0 |
(April 30, 2015) |
SENATE: |
40-0 |
(August 24, 2015) |
Original Committee Reference: B. & P.
SUMMARY: Revises the submission process for Verification of Experience (VOE) forms and permits applicants for a psychology license to submit VOE directly to the Board of Psychology (BOP); deletes the requirement that a licensed psychologist may only practice psychology for a fee; revises terms relative to the practice of psychology; and, makes other technical and clarifying amendments. Specifically, this bill:
Deletes the requirement that psychological services be provided for a fee.
Revises the application of psychological principals and methods to instead include assessment and intervention in order to increase effective functioning of individuals, groups, and organizations.
Replaces the term "maladjustive" with "maladaptive."
Deletes the definition of "fee."
Removes the ability for an applicant to submit the VOE to the BOP directly if the supervising psychologist fails to provide verification to the BOP.
Requires a supervising psychologist to submit VOE to the trainee in the manner prescribed by the BOP.
States that if a supervising psychologist fails to provide VOE to the trainee in a timely manner, the BOP may establish alternative procedures for obtaining the necessary documentation.
States that, absent good cause, the failure of a supervising psychologist to provide VOE to the BOP upon request shall constitute unprofessional conduct.
Deletes the requirement for an applicant to file a proof of service under penalty of perjury, as specified, and the supervisor rebuttal procedures.
Strikes reference to the BOP reviewing and approving applicants for a supervising psychologist on a case-by-case basis.
Provides that no reimbursement is required by this bill pursuant to California Constitution Article XIIB, Section 6 because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction.
Makes other technical and clarifying changes.
The Senate amendments delete provisions which are in conflict with AB 705, revise the requirements for submitting verification of experience hours for supervisors, and make other technical and clarifying amendments.
FISCAL EFFECT: According to the Senate Appropriations Committee, pursuant to Senate Rule 28.8, negligible state costs.
COMMENTS:
Purpose. This bill is sponsored by the BOP. According to the author, "[This bill] saves [BOP] resources by allowing an applicant to be [the] sole [provider] of a complete application for licensure. [This] bill also seeks to remove any apparent limitation on psychologists providing volunteer service is contrary to the public good [which] could limit qualified licensees providing such services."
Background. This bill attempts to address three separate issues: 1) how VOE forms may be submitted to the BOP; 2) allowing psychological services to be performed without collecting a fee; and, 3) revises terms relative to the practice of psychology.
Psychologists and Fees for Services. The practice of psychology is defined as rendering or offering to render, for a fee, any psychological services. Licensed psychologists may practice independently in any private or public setting using psychological methods to diagnose, treat, prevent, and ameliorate emotional and mental disorders of individuals and groups. There are currently 20,000 licensed psychologists in California. According to the BOP, requiring that psychological services can only be provided for a fee potentially limits a licensed psychologist's ability to provide voluntary or pro bono psychology services. By removing the reference to a fee in the definition of the practice of psychology it will allow individuals to provide free services of a psychological nature while under the jurisdiction of the BOP. Settings where free services may be provided could include non-profits, health clinics or suicide prevention hotlines.
Licensure Requirements and the Application Process. Licensed psychologists are required to obtain a doctoral degree from an accredited institution in psychology, educational psychology, or in a field specializing in counseling psychology or educational psychology. Psychologists are required to complete 3,000 hours (minimum two years) of supervised experience, of which 1,500 hours must be completed after obtaining a doctoral degree. Many post-doctoral psychologists gain supervision experience requirements while employed at schools, colleges or universities and government entities, which provide opportunities to gain the required supervisory hours needed for licensure.
There are numerous steps in the application process for licensure. Applicants are required to submit verification of the completion of education, passage of required examination(s), along with the proof of the required supervised experience. While an applicant is generally responsible for submitting the majority of the required documentation, applicants typically do not submit the VOE form themselves. Current law requires the licensed supervisor to submit the documentation directly to the BOP within 30 days of an applicant's request and provides a remedy for the applicant if the supervisor does not follow through. If the VOE is not submitted within the 30 days, an applicant, under penalty of perjury, can submit the VOE directly to the BOP and the supervisor will then have 20 days to submit a rebuttal. According to the BOP, VOE forms are often sent to the BOP separately from an individual's application by every primary supervisor verifying a portion of the required hours of experience meaning that multiple VOE forms could be submitted at different times for each applicant separately from the rest of the licensure application.
According to the BOP, in an effort to eliminate the lengthy application process and to ensure that VOE forms are submitted more consistently with applications for licensure, this bill will revise the existing process and permit applicants to submit VOE forms directly to the BOP and remove the requirement that a supervisor must submit the form. This potentially results in the BOP saving storage space and possibly reducing processing times for BOP staff to combine the various components of an individual's application.
Analysis Prepared by: Elissa Silva / B. & P. / (916) 319-3301 FN: 0001299
AB 1374
Page 5
|
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 |
THIRD READING
Bill No: AB 1374
Amended: 7/14/15 in Senate
SENATE BUS, PROF. & ECON. DEV. COMMITTEE: 9-0, 6/8/15
AYES: Hill, Bates, Berryhill, Block, Galgiani, Hernandez, Jackson, Mendoza, Wieckowski
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
ASSEMBLY FLOOR: 77-0, 4/30/15 (Consent) - See last page for vote
SUBJECT: Psychologists: licensure
SOURCE: California Board of Psychology
DIGEST: This bill eliminates the requirement for a fee in the practice of psychology so that psychological services may be provided for free, revises terms related to the practice of psychology, amends the process by which an applicant submits a verification of experience (VOE) to the California Board of Psychology (BOP), and makes technical and clarifying changes.
Senate Floor Amendments of 7/14/15 resolve chaptering issues with SB 800 (Committee on Business, Professions and Economic Development) and AB 705 (Eggman).
Existing law:
Establishes the BOP to administer and enforce the Psychology Licensing Law. (Business and Professions Code (BPC) § 2920)
Defines “the practice of psychology” to mean rendering or offering to render for a fee to individuals, groups, organizations or the public any psychological service involving the application of psychological principles, methods, and procedures of understanding, predicting, and influencing behavior, such as the principles pertaining to learning, perception, motivation, emotions, and interpersonal relationships as specified. (BPC § 2903)
Establishes licensure requirements, including that an applicant:
Possesses an earned doctorate degree in a specified field from an accredited institution.
Has engaged for at least two years in supervised professional experience under the direction of a licensed psychologist, as specified in the BOP’s regulations.
Takes and passes the required examination, unless exempted. (BPC § 2914)
States that if a supervising licensed psychologist (SLP) fails to provide the VOE for an applicant to the BOP within 30 days after being requested, the applicant may provide written verification directly to the BOP. (BPC § 2914 (c))
Requires an applicant who sends a VOE directly to the BOP to file a declaration of proof of service, under penalty of perjury, as specified. (BPC § 2914 (c))
Specifies that, upon receipt of a VOE by the BOP, the SLP has 20 days from the day the BOP receives the verification and declaration to file a rebuttal with the board. (BPC § 2914 (c))
States that only an applicant who has acquired the required experience in the United States can submit a VOE directly to the BOP. (BPC § 2914 (c))
This
bill:
Strikes the requirement of a fee from the definition of the practice of psychology and in allied sections of law.
Revises examples of the application of psychological principles and methods to include “assessment” and “intervention in order to increase effective functioning of individuals, groups, and organizations,” and strikes “amelioration of psychological problems and emotional and mental disorders of individuals and groups.”
Replaces “maladjustive” with “maladaptive” in reference to the use of psychotherapy to assist a person to modify feelings, conditions, attitudes, and behaviors which are emotionally, intellectually, or socially ineffectual or maladaptive.
Removes the ability for an applicant to submit the VOE to the BOP directly if the SLP fails to provide verification to the BOP.
Requires the SLP to submit VOE to the trainee in the manner prescribed by the BOP.
States that if the SLP fails to provide VOE to the trainee in a timely manner, the BOP may establish alternative procedures for obtaining the necessary documentation.
States that, absent good cause, the failure of a SLP to provide VOE to the BOP upon request shall constitute unprofessional conduct.
Strikes reference to the BOP reviewing and approving applicants as a SLP on a case-by-case basis.
Makes technical and clarifying changes.
Background
Purpose. This bill is sponsored by the California Board of Psychology. According to the author’s office, this bill simplifies the application process to become a licensed psychologist by requiring the SLP to provide the VOE to the applicant directly, rather than to the BOP, so that the applicant may submit a complete application towards licensure. This bill also removes fee language from the Business and Professions Code, clarifying that a psychologist can provide psychological services for free, and updates terms defining the practice of psychology to make the definition more applicable to a general license versus a focus on mental health.
The BOP is one of 30 regulatory entities which fall under the Department of Consumer Affairs. The BOP protects consumers by regulating the practice of psychology through the licensing and registration of psychological assistants and psychologists.
This bill streamlines the psychology licensing process by requiring SLPs to provide the VOE directly to the applicant instead of sending it to the BOP. The BOP reports that they frequently receive VOEs from individuals who never formally apply, and keeping track of information from various sources has become too complex.
Previously, SLPs provided the VOE to the BOP, and the BOP paired this information with the rest of the application submitted separately by the applicant. If an SLP failed to provide the VOE, there was a mechanism for the applicant to submit the VOE directly to the BOP. This bill instead will require the SLP to provide the information to the applicant, and then the applicant will submit the VOE to the BOP with the rest of the application. If a SLP does not provide the VOE to the applicant, this bill authorizes the BOP to establish alternative procedures for obtaining the necessary documentation, and states that failure of an SLP to provide the VOE to the BOP upon request will be considered unprofessional conduct.
This bill additionally removes references to fees in psychology practice, clarifying that psychologists may practice for free, and that practicing for free does not relieve an individual from regulation. The author’s office indicates that this bill will clarify that insurers may cover a psychologist who does not receive payment for his or her services.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes
California Board of Psychology (source)
California Psychological Association
OPPOSITION: (Verified 7/15/15)
None received
ARGUMENTS IN SUPPORT: The California Board of Psychology, the sponsor of this bill, writes, [“the requirement in current law that VOE forms be submitted by the applicant’s supervisor has resulted in] the Board storing large quantities of VOEs that have not had the remaining parts of the licensing application submitted by the applicant. This creates a storage problem and generates extra workload as it becomes necessary to combine applications for licensure with the previously submitted VOE Forms. The result of this legislative change will be VOE Forms arriving with the rest of the licensing application. This will save storage space at the Board and reduce the time staff takes to locate and combine the various pieces of the application, thus reducing licensing timeframes.
“[Current law also] defines the practice of psychology as only occurring when a fee is charged for services. This means that volunteer, pro-bono, or free services could fall outside of a licensee’s insurance, and as a result, disincentivize volunteer pro-bono work by licensed psychologists, making payment rather than services provided central to what constitutes the practice of psychology. The primary function of the Board is consumer protection and a consumer should have no doubt that the psychological services he or she is receiving fall under the Board’s jurisdiction. The Board’s mission is to advance quality psychological services for Californians by ensuring ethical and legal practice and supporting the evolution of the profession.”
ASSEMBLY FLOOR: 77-0, 4/30/15
AYES: Achadjian, Alejo, Travis Allen, Baker, Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke, Calderon, Chang, Chau, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gonzalez, Gordon, Gray, Grove, Hadley, Harper, Roger Hernández, Holden, Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Perea, Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber, Wilk, Williams, Wood, Atkins
NO VOTE RECORDED: Campos, Chávez, Gomez
Prepared by: Sarah Huchel / B., P. & E.D. / (916) 651-4104
7/15/15 15:38:50
**** END ****
AB 1374
Page 5
|
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 |
THIRD READING
Bill No: AB 1374
Amended: 6/11/15 in Senate
SENATE BUS., PROF. & ECON. DEV. COMMITTEE: 9-0, 6/8/15
AYES: Hill, Bates, Berryhill, Block, Galgiani, Hernandez, Jackson, Mendoza, Wieckowski
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
ASSEMBLY FLOOR: 77-0, 4/30/15 (Consent) - See last page for vote
SUBJECT: Psychologists: licensure
SOURCE: California Board of Psychology
DIGEST: This bill eliminates the requirement for a fee in the practice of psychology so that psychological services may be provided for free, revises terms related to the practice of psychology, amends the process by which an applicant submits a verification of experience (VOE) to the California Board of Psychology (BOP), and makes technical and clarifying changes.
Existing law:
Establishes the BOP to administer and enforce the Psychology Licensing Law. (Business and Professions Code (BPC) § 2920)
Defines “the practice of psychology” to mean rendering or offering to render for a fee to individuals, groups, organizations or the public any psychological service involving the application of psychological principles, methods, and procedures of understanding, predicting, and influencing behavior, such as the principles pertaining to learning, perception, motivation, emotions, and interpersonal relationships as specified. (BPC § 2903)
Establishes licensure requirements, including that an applicant:
Possesses an earned doctorate degree in a specified field from an accredited institution.
Has engaged for at least two years in supervised professional experience under the direction of a licensed psychologist, as specified in the BOP’s regulations.
Takes and passes the required examination, unless exempted. (BPC § 2914)
States that if a supervising licensed psychologist (SLP) fails to provide the VOE for an applicant to the BOP within 30 days after being requested, the applicant may provide written verification directly to the BOP. (BPC § 2914 (c))
Requires an applicant who sends a VOE directly to the BOP to file a declaration of proof of service, under penalty of perjury, as specified. (BPC § 2914 (c))
Specifies that, upon receipt of a VOE by the BOP, the SLP has 20 days from the day the BOP receives the verification and declaration to file a rebuttal with the board. (BPC § 2914 (c))
States that only an applicant who has acquired the required experience in the United States can submit a VOE directly to the BOP. (BPC § 2914 (c))
This
bill:
Strikes the requirement of a fee from the definition of the practice of psychology and in allied sections of law.
Revises examples of the application of psychological principles and methods to include “assessment” and “intervention in order to increase effective functioning of individuals, groups, and organizations,” and strikes “amelioration of psychological problems and emotional and mental disorders of individuals and groups.”
Replaces “maladjustive” with “maladaptive” in reference to the use of psychotherapy to assist a person to modify feelings, conditions, attitudes, and behaviors which are emotionally, intellectually, or socially ineffectual or maladaptive.
Removes the ability for an applicant to submit the VOE to the BOP directly if the SLP fails to provide verification to the BOP.
Requires the SLP to submit VOE to the trainee in the manner prescribed by the BOP.
States that if the SLP fails to provide VOE to the trainee in a timely manner, the BOP may establish alternative procedures for obtaining the necessary documentation.
States that, absent good cause, the failure of a SLP to provide VOE to the BOP upon request shall constitute unprofessional conduct.
Strikes reference to the BOP reviewing and approving applicants as a SLP on a case-by-case basis.
Makes technical and clarifying changes.
Background
Purpose. This bill is sponsored by the California Board of Psychology. According to the author’s office, this bill simplifies the application process to become a licensed psychologist by requiring the SLP to provide the VOE to the applicant directly, rather than to the BOP, so that the applicant may submit a complete application towards licensure. This bill also removes fee language from the Business and Professions Code, clarifying that a psychologist can provide psychological services for free, and updates terms defining the practice of psychology to make the definition more applicable to a general license versus a focus on mental health.
The BOP is one of 30 regulatory entities which fall under the Department of Consumer Affairs. The BOP protects consumers by regulating the practice of psychology through the licensing and registration of psychological assistants and psychologists.
This bill streamlines the psychology licensing process by requiring SLPs to provide the VOE directly to the applicant instead of sending it to the BOP. The BOP reports that they frequently receive VOEs from individuals who never formally apply, and keeping track of information from various sources has become too complex.
Previously, SLPs provided the VOE to the BOP, and the BOP paired this information with the rest of the application submitted separately by the applicant. If an SLP failed to provide the VOE, there was a mechanism for the applicant to submit the VOE directly to the BOP. This bill instead will require the SLP to provide the information to the applicant, and then the applicant will submit the VOE to the BOP with the rest of the application. If a SLP does not provide the VOE to the applicant, this bill authorizes the BOP to establish alternative procedures for obtaining the necessary documentation, and states that failure of an SLP to provide the VOE to the BOP upon request will be considered unprofessional conduct.
This bill additionally removes references to fees in psychology practice, clarifying that psychologists may practice for free, and that practicing for free does not relieve an individual from regulation. The author’s office indicates that this bill will clarify that insurers may cover a psychologist who does not receive payment for his or her services.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes
California Board of Psychology (source)
California Psychological Association
None received
ARGUMENTS IN SUPPORT: The California Board of Psychology writes, [“the requirement in current law that VOE forms be submitted by the applicant’s supervisor has resulted in] the Board storing large quantities of VOEs that have not had the remaining parts of the licensing application submitted by the applicant. This creates a storage problem and generates extra workload as it becomes necessary to combine applications for licensure with the previously submitted VOE Forms. The result of this legislative change will be VOE Forms arriving with the rest of the licensing application. This will save storage space at the Board and reduce the time staff takes to locate and combine the various pieces of the application, thus reducing licensing timeframes.
“[Current law also] defines the practice of psychology as only occurring when a fee is charged for services. This means that volunteer, pro-bono, or free services could fall outside of a licensee’s insurance, and as a result, disincentivize volunteer pro-bono work by licensed psychologists, making payment rather than services provided central to what constitutes the practice of psychology. The primary function of the Board is consumer protection and a consumer should have no doubt that the psychological services he or she is receiving fall under the Board’s jurisdiction. The Board’s mission is to advance quality psychological services for Californians by ensuring ethical and legal practice and supporting the evolution of the profession.”
ASSEMBLY FLOOR: 77-0, 4/30/15
AYES: Achadjian, Alejo, Travis Allen, Baker, Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke, Calderon, Chang, Chau, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gonzalez, Gordon, Gray, Grove, Hadley, Harper, Roger Hernández, Holden, Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Perea, Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber, Wilk, Williams, Wood, Atkins
NO VOTE RECORDED: Campos, Chávez, Gomez
Prepared by: Sarah Huchel / B., P. & E.D. / (916) 651-4104
7/2/15 10:26:09
**** END ****
AB 1374 (Levine) Page 4 of 4
SENATE COMMITTEE ON
BUSINESS, PROFESSIONS AND ECONOMIC DEVELOPMENT
Senator Jerry Hill, Chair
2015 - 2016 Regular
Bill No: AB 1374 Hearing Date: June 8, 2015
Author: |
Levine |
||
Version: |
June 1, 2015 |
||
Urgency: |
No |
Fiscal: |
Yes |
Consultant: |
Sarah Huchel |
||
Subject: Psychologists: licensure.
SUMMARY:
Eliminates the requirement for a fee in the practice of psychology, revises terms related to the practice of psychology, amends the process by which an applicant submits a verification of experience (VOE) to the Board of Psychology (BOP), and makes technical and clarifying changes.
Existing law:
Establishes the BOP to administer and enforce the Psychology Licensing Law. (Business and Professions Code (BPC) § 2920)
Defines "the practice of psychology" to mean rendering or offering to render for a fee to individuals, groups, organizations or the public any psychological service involving the application of psychological principles, methods, and procedures of understanding, predicting, and influencing behavior, such as the principles pertaining to learning, perception, motivation, emotions, and interpersonal relationships as specified. (BPC § 2903)
Establishes licensure requirements, including that an applicant:
Possesses an earned doctorate degree in a specified field from an accredited institution.
Has engaged for at least two years in supervised professional experience under the direction of a licensed psychologist, as specified in the BOP’s regulations.
Takes and passes the required examination, unless exempted. (BPC § 2914)
States that if a supervising licensed psychologist (SLP) fails to provide the VOE for an applicant to the BOP within 30 days after being requested, the applicant may provide written verification directly to the BOP. (BPC § 2914 (c))
Requires an applicant who sends a VOE directly to the BOP to file a declaration of proof of service, under penalty of perjury; as specified. (BPC § 2914 (c))
Specifies that, upon receipt of a VOE by the BOP, the SLP has 20 days from the day the BOP receives the verification and declaration to file a rebuttal with the board. (BPC § 2914 (c))
States that only an applicant who has acquired the required experience in the United States can submit a VOE directly to the BOP. (BPC § 2914 (c))
This
bill:
Strikes the requirement of a fee from the definition of the practice of psychology and in allied sections of law.
Revises examples of the application of psychological principles and methods to include “assessment” and “intervention in order to increase effective functioning of individuals, groups, and organizations,” and strikes “amelioration of psychological problems and emotional and mental disorders of individuals and groups.”
Replaces “maladjustive” with “maladaptive” in reference to the use of psychotherapy to assist a person to modify feelings, conditions, attitudes, and behaviors which are emotionally, intellectually, or socially ineffectual or maladaptive.
Removes the ability for an applicant to submit the VOE to the BOP directly if the SLP fails to provide verification to the BOP.
Requires the SLP to submit VOE to the trainee in the manner prescribed by the BOP.
States that if the SLP fails to provide VOE to the trainee in a timely manner, the BOP may establish alternative procedures for obtaining the necessary documentation.
States that, absent good cause, the failure of a SLP to provide VOE to the BOP upon request shall constitute unprofessional conduct.
Strikes reference to the BOP reviewing and approving applicants as a SLP on a case-by-case basis.
Makes technical and clarifying changes.
FISCAL EFFECT:
This measure is keyed “fiscal” by Legislative Counsel. According to the Assembly Appropriations analysis, dated April 22, 2015, negligible state fiscal effect. The streamlining of verification of experience requirements may lead to minor administrative efficiencies.
COMMENTS:
Purpose. This bill is sponsored by the California Board of Psychology. According to the Author’s office, this bill simplifies the application process to become a licensed psychologist by requiring the SLP to provide the VOE to the applicant directly, rather than to the BOP, so that the applicant may submit a complete application towards licensure. This bill also removes fee language from the code, clarifying that a psychologist can provide psychological services for free, and updates terms defining the practice of psychology to make the definition more applicable to a general license versus a focus on mental health.
Background. The BOP is one of 30 regulatory entities which fall under the Department of Consumer Affairs. The BOP protects consumers by regulating the practice of psychology through the licensing and registration of psychological assistants and psychologists.
This bill streamlines the psychology licensing process by requiring SLPs to provide the VOE directly to the applicant instead of sending it to the BOP. The BOP reports that they frequently receive VOEs from individuals who never formally apply, and keeping track of information from various sources has become too complex.
Previously, SLPs provided the VOE to the BOP, and the BOP paired this information with the rest of the application submitted separately by the applicant. If an SLP failed to provide the VOE, there was a mechanism for the applicant to submit the VOE directly to the BOP. This bill instead will require the SLP to provide the information to the applicant, and then the applicant will submit the VOE to the BOP with the rest of the application. If a SLP does not provide the VOE to the applicant, this bill authorizes the BOP to establish alternative procedures for obtaining the necessary documentation, and states that failure of an SLP to provide the VOE to the BOP upon request will be considered unprofessional conduct.
This bill additionally removes references to fees in psychology practice, clarifying that psychologists may practice for free, and that practicing for free does not relieve an individual from regulation. The author’s office indicates that this bill will clarify that insurers may cover a psychologist who does not receive payment for his or her services.
Technical Amendments. This bill contains outdated references to psychometrics, which is no longer regulated in California.
On page 4, line 35, delete "’psychologist,’ ‘psychometry,’" and insert “or ‘psychologist.’”
On page 4, delete line 36.
Related legislation. AB 705 (Eggman) of 2015 amends the Psychology Practice Act to require employees in exempt settings to be supervised by a licensed psychologist and become licensed within five years of being hired. (Status: This bill will be heard in the Senate Committee on Business, Professions, and Economic Development Committee on June 8, 2015.)
AB 773 (Baker) of 2015 makes technical changes to the expiration date of a psychologist license. (Status: This bill will be heard in the Senate Committee on Business, Professions, and Economic Development Committee on June 8, 2015.)
SB 479 (Bates) of 2015 creates a Behavioral Analyst license to be regulated by the BOP. (Status: This bill will be heard in the Senate Committee on Business, Professions, and Economic Development Committee on June 8, 2015.)
Arguments in Support. The California Board of Psychology writes, [“the requirement in current law that VOE forms be submitted by the applicant’s supervisor has resulted in] the Board storing large quantities of VOEs that have not had the remaining parts of the licensing application submitted by the applicant. This creates a storage problem and generates extra workload as it becomes necessary to combine applications for licensure with the previously submitted VOE Forms. The result of this legislative change will be VOE Forms arriving with the rest of the licensing application. This will save storage space at the Board and reduce the time staff takes to locate and combine the various pieces of the application, thus reducing licensing timeframes.
“[Current law also] defines the practice of psychology as only occurring when a fee is charged for services. This means that volunteer, pro-bono, or free services could fall outside of a licensee’s insurance, and as a result, disincentivize volunteer pro-bono work by licensed psychologists, making payment rather than services provided central to what constitutes the practice of psychology. The primary function of the Board is consumer protection and a consumer should have no doubt that the psychological services he or she is receiving fall under the Board’s jurisdiction. The Board’s mission is to advance quality psychological services for Californians by ensuring ethical and legal practice and supporting the evolution of the profession.”
SUPPORT AND OPPOSITION:
Support:
California Board of Psychology (Sponsor)
California Psychological Association
Opposition:
None on file as of June 2, 2015.
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AB 1374
Page 1
Date of Hearing: April 22, 2015
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Jimmy Gomez, Chair
AB 1374
(Levine) – As Amended April 6, 2015
Policy Committee: |
Business and Professions |
Vote: |
14 - 0 |
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Urgency: No State Mandated Local Program: Yes Reimbursable: No
SUMMARY:
This bill addresses issues related to the regulation of psychology, as follows:
Revises the submission requirements for a form that verifies a license applicant has met the experience hours required for licensure, allowing the form to be submitted by the applicant instead of requiring it be submitted by one or more supervisors, and allows experience hours to be gained in Canada.
Brings psychology services for which a licensee receives no fee under the jurisdiction of the Board of Psychology (BOP) (which clarifies psychology services provided on a volunteer basis are both allowable and subject to oversight).
Slightly modifies the definition of what the application of psychology includes, to add "assessment" as well as "intervention in order to increase effective functioning of individuals, groups, and organizations."
FISCAL EFFECT:
Negligible state fiscal effect. The streamlining of verification of experience requirements may lead to minor administrative efficiencies.
COMMENTS:
Purpose. This bill is sponsored by the BOP to address several issues that have been discussed at BOP meetings. This bill will allow for a speedier initial licensure process, as applicants will be able to submit their own forms verifying they have met experience requirements. Additionally, it will provide for additional clarity and oversight for psychology services delivered on a volunteer basis.
Related Legislation. AB 773 (Baker) and AB 705 (Eggman), being heard today, also relate to BOP licensure issues. AB 773 changes the expiration date of a psychology license. AB 705 requires all individuals performing psychology to become licensed within five years.
Analysis Prepared by: Lisa Murawski / APPR. / (916) 319-2081
AB 1374
Page 4
Date of Hearing: April 14, 2015
ASSEMBLY COMMITTEE ON BUSINESS AND PROFESSIONS
Susan Bonilla, Chair
AB 1374
Levine – As Amended April 6, 2015
SUBJECT: MERGEFIELD bill \* MERGEFORMAT Psychologists: licensure.
SUMMARY: Revises the submission requirements for Verification of Experience (VOE) Forms and permits applicants for a psychology license to submit a (VOE) directly to the Board of Psychology (BOP); deletes the requirement that a licensed psychologist or an individual in an exempt setting may only practice psychology for a fee; and, clarifies that an applicant who has acquired supervised experience in Canada can submit a VOE directly to the BOP. This bill makes other technical and clarifying amendments.
EXISTING LAW
Prohibits a person from engaging in the practice of psychology, or representing himself or herself to be a psychologist, without a license unless specifically exempt. (Business and Professions Code (BPC) Section 2903)
Defines "the practice of psychology" to mean "rendering or offering to render for a fee to individuals, groups, organizations or the public any psychological service involving the application of psychological principles, methods, and procedures of understanding, predicting, and influencing behavior, such as the principles pertaining to learning, perception, motivation, emotions, and interpersonal relationships as specified.” (BPC Section 2903)
Requires an applicant for licensure to comply with all of the following requirements: (Business and Professions Code (BPC) Section 2914(a-g))
Is not subject to denial of licensure;
Possesses an earned doctorate degree in a specified field from an accredited institution;
Has engaged for at least two years in supervised professional experience under the direction of a licensed psychologist, as specified in the BOP’s regulations.
Takes and passes the required examination, unless exempted;
Shows by satisfactory evidence that he or she has completed training in the detection and treatment of alcohol and other chemical substance dependency;
Shows by evidence that he or she has completed coursework in spousal or partner abuse assessment, detection and intervention, as specified, and may request a waiver if he or she intends to practice in an area that does not include the direct provision of mental health services; and,
Indicates that an applicant holding a doctoral degree in psychology from an approved institution is deemed to meet licensing requirements if specified conditions are met.
If a supervising licensed psychologist fails to provide the VOE for an applicant to the BOP within 30 days after being requested, the applicant may provide written verification directly to the BOP. (BPC 2914(c))
Requires an applicant who sends a VOE directly to the BOP to file a declaration of proof of service, under penalty of perjury; as specified. (BPC 2914(c))
Specifies that, upon receipt of a VOE by the BOP, , the supervising psychologist has 20 days from the day the BOP receives the verification and declaration to file a rebuttal with the board. (BPC 2914(c))
States that only an applicant who has acquired the required experience in the United States can submit a VOE directly to the BOP. (BPC 2914(c))
THIS BILL
Deletes the requirement that psychological services be provided for a fee.
Revises the application of psychological principals and methods to instead include assessment and intervention in order to increase effective functioning of individuals, groups, and organizations.
Replaces the term “maladjustive” with “maladaptive.”
Deletes the definition of "fee."
Deletes the monetary restriction for specified individuals performing services of a psychological nature.
Revises the method by which VOEs are submitted to the BOP to allow an applicant to submit the VOE to the BOP directly if the supervisor fails to submit the form.
Deletes the requirement for an applicant to file a proof of service under penalty of perjury, as specified, and the supervisor rebuttal procedures.
Permits an applicant who acquired experience in Canada to file a VOE directly with the BOP.
Provides that no reimbursement is required by this bill pursuant to Section 6 of Article XIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction.
Makes other technical and clarifying changes.
FISCAL EFFECT: Unknown. This bill is keyed fiscal by the Legislative Counsel.
COMMENTS
Purpose. This bill is sponsored by the BOP. According to the author, "[This bill] saves [BOP] resources by allowing an applicant to be [the] sole [provider] of a complete application for licensure. [This] bill also seeks to remove any apparent limitation on psychologists providing volunteer service is contrary to the public good [which] could limit qualified licensees providing such services."
Background. This bill attempts to address three separate issues: 1) how VOE forms may be submitted to the BOP; 2) allowing psychological services to be performed without collecting a fee; and, 3) permitting VOE forms to be submitted by an applicant who has acquired the supervised experience in Canada as well as the United States.
Psychologists and Fees for Services. The practice of psychology is defined as rendering or offering to render, for a fee, any psychological services. Licensed psychologists may practice independently in any private or public setting using psychological methods to diagnose, treat, prevent, and ameliorate emotional and mental disorders of individuals and groups. There are currently 20,000 licensed psychologists in California.
According to the BOP, requiring that psychological services can only be provided for a fee potentially limits a licensed psychologist's ability to provide voluntary or pro bono psychology services. By removing the reference to a fee in the definition of the practice of psychology it will allow individuals to provide free services of a psychological nature while under the jurisdiction of the BOP. Settings where free services may be provided could include non-profits, health clinics or suicide prevention hotlines.
According to the sponsor, this bill also deletes any reference to the prohibition on fees, monetary or otherwise, which cannot be charged by those individuals working in exempt settings, such as an educational institution (approved or accredited), a school district, or a governmental entity. This bill aims to make it clear that exempt setting employers are able to determine the appropriate compensation level without the involvement of the BOP.
Licensure Requirements and the Application Process. Licensed psychologists are required to obtain a doctoral degree from an accredited institution in psychology, educational psychology, or in a field specializing in counseling psychology or educational psychology. Psychologists are required to complete 3000 hours (minimum two-years) of supervised experience, of which 1500 must be completed after obtaining a doctoral degree. Many post-doctoral psychologists gain supervision experience requirements while employed at schools, colleges or universities and government entities, which provide opportunities to gain the required supervisory hours needed for licensure.
There are numerous steps in the application process for licensure. Applicants are required to submit verification of the completion of education, passage of required examination(s), along with the proof of the required supervised experience. While an applicant is generally responsible for submitting the majority of the required documentation, applicants typically do not submit the VOE form themselves. Current law requires the licensed supervisor to submit the documentation directly to the BOP within 30 days of an applicant's request and provides a remedy for the applicant if the supervisor does not follow through. If the VOE is not submitted within the 30 days, an applicant, under penalty of perjury, can submit the VOE directly to the BOP and the supervisor will then have twenty days to submit a rebuttal. According to the BOP, VOE forms are often sent to the BOP separately from an individual's application by every primary supervisor verifying a portion of the required hours of experience meaning that multiple VOE forms could be submitted at different times for each applicant separately from the rest of the licensure application.
According to the BOP, in an effort to eliminate the lengthy application process and to ensure that VOE forms are submitted more consistently with applications for licensure, this bill will revise the existing process and permit applicants to submit VOE forms directly to the BOP and remove the requirement that a supervisor must submit the form. This potentially results in the BOP saving storage space and possibly reducing processing times for BOP staff to combine the various components of an individual's application.
Current law specifies that only applicants who have acquired supervised experience hours in the United States can submit their VOE forms directly to the BOP. However, the BOP reports that it accepts experience hours from both the United States and Canada and this bill will clarify that the BOP may accept a VOE from an applicant who has gained experience in Canada as well as in the United States.
Current Related Legislation. AB 705 (Eggman) of the current legislative session, Requires individuals performing psychological activities, within specified exempt settings, to work under the supervision of a licensed psychologist; accumulate the supervised hours required for licensure; and, become licensed within five years. This bill also makes other technical and clarifying amendments. STATUS: This bill is pending in the Assembly Appropriations Committee.
SB 800 (Committee on Business, Professions and Economic Development) of the current legislative session, makes numerous substantive and non-controversial changes to numerous healing arts boards, including the BOP, under the DCA. STATUS: This bill is pending in the Senate Business and Professions Committee.
ARGUMENTS IN SUPPORT
The BOP writes in support, "The [BOP] supports [this bill] which will make the [BOP's] receipt of application forms more efficient.”
ARGUMENTS IN OPPOSITION
None on file.
REGISTERED SUPPORT / OPPOSITION:
Support
Board of Psychology (sponsor)
Opposition
None on file.
Analysis Prepared by: Elissa Silva / B. & P. / (916) 319-3301
Discussed in Hearing
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Bill Author
Bill Co-Author(s):