(1)Existing law, the Psychology Licensing Law (hereafter law), establishes the Board of Psychology to license and regulate the practice of psychology, and authorizes the board to employ all personnel necessary to carry out that law and to employ an executive officer, as specified. These provisions are in effect only until January 1, 2017.

This bill would extend those provisions to January 1, 2021.

(2)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, except as an employee of a licensed psychologist, licensed physician, contract clinic, psychological corporation, or medical corporation, to perform limited psychological functions. The law also prohibits its provisions from being construed as restricting or preventing specified nonprofit community agency employees from carrying out activities of a psychological nature or using their official employment title, as specified, provided the employees do not render or offer to render psychological services. The law provides that a violation of any of its provisions is a misdemeanor.

This bill would recast these provisions to authorize an unlicensed person preparing for licensure as a psychologist to perform psychological functions under certain conditions, including registration with the board as a psychological assistant and immediate supervision by a licensed psychologist or physician and surgeon who is board certified in psychiatry, as specified. The bill would prohibit a psychological assistant from providing psychological services to the public except as a supervisee. The bill would expand the prohibition on construing the laws provisions as restricting or preventing specified activities of nonprofit community agency employees by making this prohibition contingent on the employees not rendering or offering to render psychological services to the public. By changing the definition of a crime, this bill would create a state-mandated local program.

(3)The law conditions the issuance of a psychology license upon an applicant having received any of certain kinds of doctorate degrees, from an accredited educational institution. The law requires, with certain exceptions, the board to issue renewal licenses for psychology only to those applicants who have completed 36 hours of approved continuing education in the preceding two years. Existing law prescribes a biennial license renewal fee of not more than $500. Existing law also requires a person applying for relicensure or for reinstatement to an active license to certify under penalty of perjury that he or she is in compliance with the continuing education requirements. Existing law requires continuing education instruction to be completed within the state or be approved for credit by the American Psychological Association or its equivalent.

This bill would revise and recast the doctorate degree requirements for licensure to include, until January 1, 2020, a doctorate degree from an unaccredited institution that is approved for operation by a specified entity. The bill would replace the term continuing education with continuing professional development, define continuing professional development, require a person applying for renewal or reinstatement to certify compliance with these requirements under penalty of perjury, require continuing professional courses to be approved by organizations approved by the board, as specified, and authorize the board to grant exemptions from, or extensions for compliance with, these requirements.

This bill would authorize the board to issue a retired license to a licensed psychologist if the psychologist has applied to the board for a retired license and pays a fee of not more than $75. The bill would also prohibit the holder of a retired license from engaging in the practice of psychology in the same manner as an active licensee. Because a violation of this prohibition would be a crime, the bill would impose a state-mandated local program.

(4)The law authorizes the board to appoint qualified persons to give the whole or any portion of any examination provided for in the law, to be designated as commissioners on examination.

This bill would repeal this authorization.

This bill would authorize the board to post on its Internet Web site the prescribed information regarding all current and former licensees.

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.

(1)Existing law, the Psychology Licensing Law (hereafter law), establishes the Board of Psychology to license and regulate the practice of psychology, and authorizes the board to employ all personnel necessary to carry out that law and to employ an executive officer, as specified. These provisions are in effect only until January 1, 2017.

This bill would extend those provisions to January 1, 2021.

(2)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, except as an employee of a licensed psychologist, licensed physician, contract clinic, psychological corporation, or medical corporation, to perform limited psychological functions. The law provides that a violation of any of its provisions is a misdemeanor.

This bill would recast these provisions to authorize an unlicensed person preparing for licensure as a psychologist to perform psychological functions under certain conditions, including registration with the board as a psychological assistant and immediate supervision by a licensed psychologist or physician and surgeon who is board certified in psychiatry, as specified. This The bill would prohibit a psychological assistant from providing psychological services to the public except as a supervisee. By changing the definition of a crime, this bill would create a state-mandated local program.

(3)The law conditions the issuance of a psychology license upon an applicant having received any of certain kinds of doctorate degrees, from an accredited educational institution. The law requires, with certain exceptions, the board to issue renewal licenses for psychology only to those applicants who have completed 36 hours of approved continuing education in the preceding two years. Existing law prescribes a biennial license renewal fee of not more than $500. Existing law also requires a person applying for relicensure or for reinstatement to an active license to certify under penalty of perjury that he or she is in compliance with the continuing education requirements. Existing law requires continuing education instruction to be completed within the state or be approved for credit by the American Psychological Association or its equivalent.

This bill would revise and recast the doctorate degree requirements for licensure to include, until January 1, 2020, a doctorate degree from an unaccredited institution that is approved for operation by a specified entity. The law bill would replace the term continuing education with continuing professional development, define continuing professional development, require a person applying for renewal or reinstatement to certify compliance with these requirements under penalty of perjury, require continuing professional courses to be approved for credit by organizations approved by the board, as specified, and authorize the board to grant exemptions from, or extensions for compliance with, these requirements. This bill would also authorize professional development credit to be approved for selected participants in any examination development or enforcement related function for the board.

This bill would authorize the board to issue a retired license to a licensed psychologist if the psychologist has applied to the board for a retired license and pays a fee of not more than $75. The bill would also prohibit the holder of a retired license from engaging in the practice of psychology in the same manner as an active licensee. Because a violation of this prohibition would be a crime, the bill would impose a state-mandated local program.

(4)The law authorizes the board to appoint qualified persons to give the whole or any portion of any examination provided for in the law, to be designated as commissioners on examination.

This bill would repeal this authorization.

This bill would authorize the board to post on its Internet Web site the prescribed information regarding all current and former licensees.

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.

(1)Existing law, the Psychology Licensing Law, Law (hereafter law), establishes the Board of Psychology to license and regulate the practice of psychology, and authorizes the board to employ all personnel necessary to carry out that law and to employ an executive officer, as specified. These provisions are in effect only until January 1, 2017.

This bill would extend those provisions to January 1, 2021.

Existing law, the Psychology Licensing Law, establishes the Board of Psychology to license and regulate the practice of psychology, and authorizes the board to employ all personnel necessary to carry out that law and to employ an executive officer, as specified. These provisions are in effect only until January 1, 2017.

This bill would extend those provisions to January 1, 2021.

Date of Hearing:

ASSEMBLY COMMITTEE ON BUSINESS AND PROFESSIONS

Rudy Salas, Chair

SBPCA Bill Id:

Author:() – As Ver:

SENATE VOTE:

SUBJECT: .

SUMMARY: Authorizes the director of the Department of Consumer Affairs (DCA) to review, veto, or modify actions and decisions of DCA boards to ensure such actions or decisions conform with public policy, and specifies settlement authority for treble damages, as specified.

EXISTING LAW:

1. States that "board" as used in any provision of the Business and Professions Code (BPC), refers to the board in which the administration is vested, and unless otherwise provided, includes "bureau," "commission," "committee," "department," "division," "examining committee," "program," and "agency"
2. Makes decisions of any board within the DCA pertaining to setting standards, conducting examinations, passing candidates, and revoking licenses final, except as specified, and provides that those decisions are not subject to review by the director of the DCA. (BPC Section 109 (a))
3. Provides that the director may initiate an investigation of any allegations of misconduct in the preparation, administration, or scoring of any examination which is administered by a board, or in the review and qualifications which are part of the licensing process of any board. (BPC Section 109 (b))
4. Provides that the director may intervene in any matter of any board where an investigation by the Division of Investigation discloses probably cause to believe that the conduct or activity of a board, or its members or employees constitutes a violation of criminal law. (BPC Section 109 (c))
5. Authorizes the director to audit and review, upon his or her own initiative, or upon the request of a consumer or licensee, inquiries and complaints regarding licensees, dismissals of disciplinary cases, the opening, conduct, or closure of investigations, informal conferences, and discipline short of formal accusation by the Medical Board of California, the allied health professional boards, and the California Board of Podiatric Medicine and the Director may make recommendations for changes to the disciplinary system to the appropriate board, the Legislature, or both. (BPC Section 116 (a))
6. Requires the director to annually report to the chairpersons of certain committees of the Legislature information regarding findings from any audit, review, or monitoring and evaluation. (BPC Section 116 (b))

THIS BILL:

1. Deletes the exemption for the decisions of any of the boards comprising the Department of Consumer Affairs (DCA) with respect to setting standards, conducting examinations, passing candidates, and revoking licensees from review by the director of the DCA, except where provided.
   
2. Defines "action" to include nonministerial formal actions as voted on by a board and nonministerial informal decisions made by staff as a result of explicit or implied delegated authority to act on behalf of the board.
   
3. States that notwithstanding any other law, "board" for purposes of this bill, means a board, committee, or commission within the DCA.
   
4. Defines "market-sensitive actions" to mean those actions that create barriers to market participation and restrict competition, including but not limited to, examination passage scores, advertising restrictions, price regulation, enlarging or restricting their scope of practice qualifications for licensure, and a pattern or program of disciplinary actions affecting multiple individuals that create barriers to market participation.
   
5. Specifies that "clearly articulated and affirmatively expressed state policy" includes federal statute and regulations, state statutes and regulations, department policies, and executive orders.
   
6. Specifies that within 60 days of an action taking place, the director may, upon his or her own initiative, and upon request by the board making the decision or the Legislature, review any action by a board to determine if the action is a market sensitive action.
   
7. Requires the director, if the action is found to be market-sensitive action, within 90 days of receiving a request for a review or initiating a review, further determine whether that market-sensitive action furthers a clearly articulated and affirmatively expressed state policy.
   
8. Requires the director, if he or she initiates a review of an action, to notify the relevant board of the review and indicate whether the review resulted from a contact made by a specific member of the Legislature, a specific organization, or a member of the public.
   
9. States that the director's decision to review an action serves to cease implementation of the action until the review is finalized and the action is found to further a clearly articulated and affirmatively expressed state policy.
   
10. Requires any review by the director to include a full substantive review of the board action based upon all the relevant facts in the record provided by the board and any additional information identified by the director.
    
11. Requires the director to take one of the following actions upon completion of the review:
    
    1. Approve the action or decision upon determination that it furthers a clearly articulated and affirmatively expressed state policy; or,
    2. Disapprove the action or decision if it does not further a clearly articulated and affirmatively expressed state policy; where upon disapproval, the director may recommend modifications to the board action that the board may vote to accept and resubmit for review, if the board rejects the modification, no action will take effect.
       
12. States that 2) through 11) above do not apply to any action taken by a board prior to January 1, 2017.
    
13. Requires the director to issue and post on the department's Internet website his or her final written decision on the board action with an explanation of the reasons that action or decision does or does not further a clearly articulated and affirmatively expressed state policy and the rational for the director's decision.
    
14. States that 2) through 11) above do not apply to the review of any regulation promulgated by a board, singular disciplinary action, official positions on legislation or legislative proposals, or any other sanction or citation imposed by a board upon a single licensee unless it is part of a pattern or program of disciplinary actions affecting multiple individuals that create barriers to market participation.
    
15. Requires the director to report to the Chairs of the Senate Committee on Business, Professions and Economic Development and the Assembly Committee on Business and Professions annually, beginning March 1, 2017, regarding his or her disapproval, and recommendations for modifications, as specified.
    
16. States that the above provisions shall not be construed to affect, impede, or delay any disciplinary actions of any board except those actions that are under review as part of a potential pattern or program of disciplinary actions affecting multiple individuals that create barriers to market participation or delay the availability of judicial review under any other law, as specified.
    
17. Authorizes the director to audit and review, upon his or her own initiative or upon the request of a consumer or licensee, inquiries and complaints regarding licensees, dismissals of disciplinary cases, the opening, conduct, or closure of investigations, among others as specified, of any bureau or board within the DCA instead of only the Medical Board of California, the allied health professional boards, and the California Board of Podiatric Medicine.
    
18. Requires the director to submit a specified report regarding his or her findings in 17) above to the Senate Committee on Business, Professions and Economic Development, and the Assembly Committee on Business and Professions annually beginning March 1, 2017.
    
19. Requires the director to review all rules, regulations, and fee changes, as specified, and require the director to be provided all relevant facts in the rulemaking record, which may include data, public comments, or other documentary evidence pertaining to the proposed regulation to determine whether it furthers a clearly articulated and affirmatively expressed state policy.
    
20. Requires the director, following the receipt of any final rulemaking record to approve or disapprove a proposed rule or regulation within in 60 days.
    
21. Adds a market-sensitive action that does not further a clearly articulated and affirmatively expressed state policy to the reasons a rule may be disapproved.
    
22. Requires a regulation which is a market-sensitive action that does not further a clearly articulated and affirmatively expressed state policy to be disapproved in writing.
    
23. Allows the director to propose modifications to a regulation that does not further a clearly articulated and affirmatively expressed state policy.
    
24. Requires, as specified, a public entity to pay for a judgement or settlement for treble damage antitrust awards against a member of a regulatory board for an act or omission occurring within the scope of his or her official capacity as a member of a regulatory board.
    
25. Specifies treble damages awarded pursuant to 24) above.
    
26. Make other technical changes.

FISCAL EFFECT: Unknown. This bill is keyed fiscal by the Legislative Counsel.

COMMENTS:

Purpose. This bill seeks to revise the director's authority to review specified board decisions, rules and regulations to ensure that a mechanism exists for independent state review of regulatory board actions is available. According to the author, "[this bill] is the product of 8 months of collaborative meetings between the Legislature, Governor’s office, DCA, the Attorney General’s office, and other stakeholders. We are pleased to present this bill which will shield California from litigation by ensuring that the actions of our regulatory boards are in the best interests of consumers."

Background. Joint Oversight Hearings and Sunset Review of the DCA and the DCA Licensing Boards. In March of 2016, the Assembly Business and Professions Committee and the Senate Business, Professions and Economic Development Committee (Committees) conducted multiple joint oversight hearings to review 11 regulatory boards within the DCA and one regulatory entity outside of the DCA. The sunset bills are intended to implement legislative changes recommended in the respective background reports drafted by the Committee staff for the agencies reviewed this year. As part of that review process, issues are raised regarding the overall operations of the DCA as the state agency under California’s Business, Consumer Services, and Housing Agency whose missions is: "to be the premier consumer protection agency" and whose vision is: "to protect consumers through effective enforcement activities and oversight of California’s licensed professionals."

One of the issues raised in the Committee’s 2016 Background Paper which reviewed the DCA, was the potential antitrust liability for boards under the DCA. The author notes that, "The bill aims to ensure that the DCA's regulatory boards are functioning with appropriate active state supervision, thereby preventing any litigation stemming from actions or decisions that do not further state policy."

Potential Antitrust Liability for Boards under the DCA. In the Committee's 2016 Background Paper it was noted that in 2010, the FTC brought an administrative complaint against the North Carolina State Board of Dental Examiners (Board) for excluding non-dentists from the practice of teeth whitening. The FTC alleged that the Board’s decision was anticompetitive under the FTC Act because the Board was not acting as a state agent. The Board appealed to the Supreme Court, arguing that it was acting on behalf of the government and should be afforded immunity from antitrust lawsuits. The Supreme Court ruled in the FTC’s favor, stating that regulatory bodies comprised of active market participants in the occupation regulated by that body may invoke state-action antitrust immunity only if it is subject to active supervision by the state. The Supreme Court has stated that to qualify as active supervision “the [state] supervisor must have the power to veto or modify particular decisions to ensure they accord with state policy.” (N. Carolina State Bd., 135 S. Ct. at 1116)

In order to establish active supervision for California boards, this bill builds upon the current authority of the director of the DCA to review certain board decisions (except those relating to disciplinary actions) in order to ensure they conform with state policy. This bill also ensures that DCA board members are not personally liable in the event they are sued in an antitrust matter related to their board service.

Joint Informational Hearing. In October of 2015, the Committees held a joint informational hearing titled North Carolina State Board of Dental Examiners v. Federal Trade Commission: Implications for Department of Consumer Affairs (DCA) Boards. The intent of the hearing was to explore the Court’s decision, apply its holding to the operations of DCA boards, and consider recommendations. Some of the questions which guided the presentations at the information hearing included: 1) What constitutes a “controlling number” of active market participants? 2) To what extent do California’s existing oversight mechanisms satisfy “active state supervision”? 3) What laws or processes must be changed to guard against anticompetitive behavior? 4) How can the state ensure that Board members are indemnified? While this bill does not address all questions raised at the hearing, it does attempt to address the issue of state supervision by providing the DCA director with certain authority related to anticompetitive behavior.

This bill provides the director with two avenues for the review of a nonministerial market-sensitive action either at the director's own determination or at the request of a board making the decision or the Legislature, except as specified, to determine whether it furthers a "clearly articulated and affirmatively expressed" state policy and to approve, disapprove, or recommend modifications of the board action, as specified.

In addition, this bill requires the director to post on the department’s website the director's final written decision and the reasons for the decision. The director will be required to report to specified policy committee of the Legislation information regarding the director’s disapprovals and recommended modifications of board actions. This bill would require the director to disapprove a proposed rule or regulation that is a market-sensitive action that does not further clearly articulated and affirmatively expressed state policy and authorizes the director to recommend modifications.

This bill also requires a public entity to pay a judgment or settlement for treble damage antitrust awards against a member of a regulatory board for an act or omission occurring within the scope of his or her employment as a member of a regulatory board, as specified.

The author notes that it has worked closely with the DCA, the Governor’s, and Attorney General’s offices in crafting the provisions of bill.

Current Related Legislation. SB 1195 (Hill) of the current Legislative Session, makes various changes that are intended to improve the effectiveness of the Veterinary Medical Board (VMB), extends the VMB’s sunset dates. This bill also authorizes the Director of the Department of Consumer Affairs (DCA) to review, veto, or modify actions and decisions of DCA boards to ensure such actions or decisions conform with public policy; and prohibits any board executive officer (EO) from being an actively licensed member of the profession the board regulates. STATUS: This bill was held on the Senate Inactive File.

ARGUMENTS IN SUPPORT:

The Center for Public Interest Law, writes that it supports this bill if amended, "…SB 1194 aims to protects consumers and provide a supervision mechanism by vesting the DCA Director with supervisory authority over boards controlled by active market participants. See Section 1, proposing amendments to Business and Professions Code section 109. This proposed active state supervision mechanism is generally in line with the North Carolina decision with one critical exception – it does not permit the supervisor to “modify” anticompetitive actions…

As currently phrased, the plain language of the bill contradicts the North Carolina decision’s prescription for “active state supervision” because it does not allow the supervisor to modify offending anticompetitive decisions. This contradiction presents two problems: 1) the ability of the state supervisor to protect the public from anticompetitive conduct is severely weakened, and 2) the ability of the state to use the law as a shield against a lawsuit is cast, at best, into uncertainty, possibly defeating the key aim of the bill."

ARGUMENTS IN OPPOSITION:

The California Nurses Association and the National Nurses United write in opposition, "[this bill] is a massive power grab masquerading as a simple policy fix. The bill constitutes an unprecedented, undemocratic, and dangerous transfer of authority away from licensing board members and to a single bureaucrat—the Director of the [DCA]. The proposed legislation would give the DCA Director the authority to unilaterally overturn almost any conceivable licensing board action or decision. This represents a major usurpation of decision-making authority from the board members. Such a shift will severely undermine the ability of the boards, and especially the Board of Registered Nursing (BRN), to operate with efficiency and take actions that promote public health and safety.”

AMENDMENTS:

1. The following amendments should be made in order to clarify that the director has 60 days, instead of 30, following the receipt of any final rulemaking record to approve or disapprove a proposed rule or regulation:

On page 10, line 32, strike: 30-day review period and replace with: 60-day review period

On Page 11, line 16, strike: 30-day period and replace with: 60-day review period

1. The following technical amendment should be made:

On page 7, line 32, after the word “disapprovals” insert: approvals

1. An amendment should be made to include a sunset provision of four years to clarify that the director's authority, as provided by this bill, is subject to review by the appropriate policy committees of the Legislature.

REGISTERED SUPPORT:

None on file.

REGISTERED SUPPORT IF AMENDED:

Center for Public Interest Law

REGISTERED OPPOSITION:

California Nurses Association

National Nurses United

Analysis Prepared by: Elissa Silva / B. & P. / (916) 319-3301

SENATE THIRD READING

STR Bill Id:

Author:(Hill)

As Amended Ver:

Majority vote

SENATE VOTE: 39-0

SUMMARY: Extends the sunset date for the Board of Psychology (BOP) by four years, until January 1, 2021; amends statutes pertaining to psychological assistants (PA); revises continuing education (CE) requirements; establishes policies for posting licensee information on the BOP's website; authorizes the BOP to issue a retired license; revises the requirements related to approved schools; and, makes other technical, clarifying and conforming changes to the BOP and the psychology practice act (act). Specifically, this bill:

1. Revises employment restrictions for PAs, as specified.
2. Clarifies that PAs are required to register themselves with the BOP, and the registration must be renewed annually in accordance with BOP regulations, as specified.
3. Deletes the provision allowing a licensed psychologist to register, employ or supervise more than three psychological assistants at a time with specific authorization from the BOP.
4. Requires on or after January 1, 2020 that an applicant for licensure as a psychologist possess an earned doctorate degree in psychology, in educational psychology or in education with the field of specialization in counseling psychology or educational psychology from a college or institution of higher education that is accredited by a regional accrediting agency recognized by the United States Department of Education (USDE) and authorizes the BOP to accept only until January 1, 2020, an applicant who possesses a doctorate degree in psychology, educational psychology, or in education with the field of specialization in counseling psychology or educational psychology from an institution that is not accredited by an accrediting agency recognized by the USDE but is approved to operate by the Bureau for Private Postsecondary Education (BPPE).
5. Changes references of CE to continuing professional development (CPD).
6. Requires applicants for licensure renewal to submit under penalty of perjury that he or she is in compliance with specified CPD requirements.
7. Specifies that CPD means certain continuing education learning activities approved in the following four categories: a) professional; b) academic; c) sponsored continuing education coursework; and, d) Board certification from the American Board of Professional Psychology.
8. Authorizes the BOP to develop regulations further defining CPD activities.
9. Deletes the exemption from CE requirements for a licensed psychologist whose practice does not include the direct provision of mental health services.
10. Deletes the requirement that CE instruction be completed in California or be approved for credit by the American Psychological Association or its equivalent and instead specifies that courses must be approved for credit by organizations approved by the BOP, and those organizations previously approved by the BOP to provide CE is deemed approved, as specified.
11. Revises the BOP's authority to accept CE courses from certain nonprofit organizations.
12. Deletes the requirement that a licensed psychologist must choose CE instruction that is related to the assessment, diagnosis, and intervention for the client population that is being served or to the fields of psychology in which the psychologist intends to provide services, as specified.
13. Authorizes the BOP to grant an exemption or an extension of the time for compliance with, from CPD, as specified.
14. Deletes the authorization for CE credit to be approved for licensees who serve as commissioners on any examination.
15. Extends the sunset date for the BOP by four years, until January 1, 2021.
16. Authorizes the BOP to post on its Internet Web site the following information on the current status of the license for all current and former licensees:
    1. Whether or not the license has a record of disciplinary action; and,
    2. Any of the following enforcement actions or proceedings:
       1. Temporary restraining orders;
       2. Interim suspension orders;
       3. Revocations, suspensions, probations, or limitations on practice ordered by the BOP or by a court with jurisdiction in the state, including those made part of a probationary order, cease practice order or stipulated agreement;
       4. Accusations filed by the BOP including those accusations that are on appeal, excluding ones that have been dismissed or withdrawn where the action is no longer pending; and,
       5. Citations issued by the BOP, unless withdrawn, posted for five years from the date of issuance.
17. Authorizes the BOP to post on its Internet Web site all of the following historical information in its possession, custody, or control regarding all current and former licensees:
    1. Institutions that awarded the qualifying educational degree and type of degree awarded; and,
    2. A link to the licensee's professional Web site.
18. Permits the BOP to post other information as determined through regulation.
19. Deletes the section on appointment of commissioners on examinations, as specified.
20. Permits the BOP to issue a retired license, as specified.
21. Authorizes the holder of a retired license to return to active status if specified conditions are met including, the retired license not being issued more than three years for the date of return to active status; not committed acts or crimes constituting grounds for denial; paying the renewal fee; completing CPD, and complying with fingerprint submission requirements.
22. Authorizes the holder of a retired license to return to active status if the retired license was issued three or more years from the application date if specified conditions are met including, completing an application packet, taking and passing the California Psychology Law and Ethics Examination; paying all fees; complying with fingerprint submission requirements, having met educational and experience requirements, as specified, and establishing that he or she has not been subject to denial or discipline of a license.

FISCAL EFFECT: According to the Assembly Appropriations Committee:

1. Approximately $5 million (fee-supported Psychology Fund) per year to continue operation of the BOP for an additional four years.
2. Minor and absorbable costs to issue regulations to implement a retired license type, and to make necessary information technology changes (Psychology Fund).
3. Unknown, likely minor, ongoing revenue loss to the Psychology Fund, as well as reduced administrative workload, to the extent some individuals apply for a retired license ($75 one-time fee and application) instead of an inactive license ($50 every two years).

COMMENTS:

Purpose. This bill is a sunset bill which seeks to extend the sunset date of the BOP by four years, until January 1, 2021, makes other regulatory and programmatic changes as raised during the 2016 sunset review hearing, and makes other technical, clarifying, and conforming amendments pertaining to the BOP. This bill is sponsored by the author. According to the author's office, "This bill is necessary to update provisions of the Psychology Licensing Law to reflect current practices and improve information available to consumers."

Background. Board of Psychology. The BOP regulates licensed psychologists, registered PAs, and registered psychologists. Only licensed psychologists can practice psychology independently in the private sector in California. PAs are registered to a licensed psychologist or to a board-certified psychiatrist as employees who provide limited psychological services.

Joint Oversight Hearings and Sunset Review of DCA Licensing Boards. In March of 2016, the Assembly Business and Professions Committee and the Senate Business, Professions and Economic Development Committee (Committees) conducted multiple joint oversight hearings to review 11 regulatory boards within the Department of Consumer Affairs (DCA) and one regulatory entity outside of the DCA. The sunset bills are intended to implement legislative changes recommended in the respective background reports drafted by the Committee staff for the agencies reviewed this year. The BOP was last reviewed in 2011 and received a four-year sunset extension at that time The legislation pertaining to this bill is based on specific issues raised and addressed in the report released by the Senate Committee on Business and Professions along with the sunset review hearing on March 14, 2016.

Approved Schools and National Accreditation. California is the only state that allows students from unaccredited schools to sit for psychology licensing examinations. Current law requires the BOP to accept doctoral degrees in psychology from either accredited or approved institutions. An institution is deemed approved if it is not a franchise, was approved by the former Bureau of Private Postsecondary Vocational Education on or before 1999, and has not moved to a new location since 1999. There are six schools meeting these criteria, with approvals and oversight conducted solely by the BPPE. This issue was raised during the previous review of the BOP. At that time, the BOP noted that it was concerned that there is little quality control over the schools' operations or curriculum and students have a low pass rate on the national exam, among other issues. At that time, the BOP stated that the students from these schools should not be eligible for licensure and expressed their preference for a change in law to prohibit applicants from approved schools. The law was not changed during the previous sunset review.

In an effort to increase the quality of educational programs in California, the California Private Postsecondary Education Act of 2009 was amended in 2014. SB 1247 (Lieu), Chapter 840, Statutes of 2014, required degree granting institutions to be accredited by an agency recognized by the USDE by July 1, 2020 in order to receive BPPE approval. Further, AB 2099 (Frazier), Chapter 676, Statutes of 2014 also established requirements for unaccredited degree granting programs participating in Title 38, the program that provides educational awards for eligible active duty military members and veterans. While the BOP recognizes recent Legislative actions as significant progress, there remains a concern that these changes may be insufficient to raise California's psychologists to the national standard. As a result, in the 2016 Committee Staff Background Paper, it was recommended that current language authorizing graduates with degrees from unaccredited institutions to sit for licensure by the BOP be removed, and ensure that timeframes for this change accommodate current students. Additionally, it was requested for the BOP to provide information to the Committees as to whether regional accreditation may be preferable to other types of accreditation, and the Committees should specify the type of accreditation that should be required of institutions offering degrees intended to lead to licensure.

As a result of that recommendation, this bill will delete the current requirements pertaining to school approval and instead require that an applicant for a psychologists' license graduate from an institution that is accredited by a regional accrediting agency recognized by the USDE. This bill will allow the BOP to continue to accept applicant who possesses a doctorate degree from an institution that is not accredited by an agency accredited by an accrediting agency recognized by the USDE, but is approved to operate in this state by the BPPE until January 1, 2020; thereby giving persons who may be in a current program time to complete a program.

Continuing Professional Development. The BOP seeks changes to their CE program to accommodate a broader competency model called CPD. The CPD model provides additional avenues for maintaining competence. These options are meant to expand the ways licensees can increase their learning and to include performance-based assessments of licensees' competence. In the 2016 Committee Staff Background Paper, it was recommended that the BOP provide recommendations to the Committee with respect to establishing changes in CE requirements. To address the issues raised by the BOP, this bill will change current references to CE and replace it with CPD. This bill will define CPD to include activities in four different categories including professional, academic, sponsoring CE coursework, and board certification from the American Board of Professional Psychology. This bill will allow the BOP to grant an extension in addition to an exemption from CPD requirements. This bill requires licensees to certify under penalty of perjury that he or she has completed the required CPD instead of submitting all documentation. This bill will require CPD courses to be approved by organizations that are approved by the BOP.

Psychological Assistants. In order to become a licensed psychologist, applicants must accrue 3,000 hours of supervised professional experience. Individuals who have a Master's degree and are admitted into a doctoral program may obtain these hours by registering with the BOP as a PA. A PA provides psychological services to individuals or groups while under the supervision of a licensed psychologist or a board certified psychiatrist. Current law requires that a PA be employed only by a psychological or medical corporation, a California licensed psychology clinic, a Bronzan-McCorquodale contract clinic, a licensed psychologist, or a board certified psychiatrist. The BOP recognizes that these statutes are outdated and do not reflect the employment, contract, or volunteer opportunities available in settings beyond current limitations, such as hospitals, nursing homes, and rehabilitation centers. In the 2016 Committee Staff Background Paper, it was recommended that the BOP should provide recommendations to the Committees for updating PA statutes to focus on appropriate supervision, rather than the physical setting. This bill makes changes related to PAs by deleting outdated employment restrictions and deletes the option for a licensed psychologist to supervise, register, or employ more than three PAs. In addition, this bill makes it clear that a PA registers with the BOP and not the PAs supervisor.

Retired License. The Psychology Act does not authorize a retired license. Under existing law, a retired licensee may choose only between "inactive" status, which costs $25 per year, or "delinquent" status. These have negative connotations and may not respect a long and honorable career. The BOP is seeking to establish a "retired" licensure category, similar to many other healing arts programs such as the Medical Board, Professional Fiduciaries Bureau, Board of Behavioral Sciences, and Board of Optometry. Adding this license designation is a consistent request from licensees and is included in the BOP's 2014-2018 Strategic Plan.

This bill authorizes the BOP to establish a retired license and sets up the criteria for such a license. This bill provides two pathways to return a retired license to active status; 1) for those retired licensees whose retired license is less than three years old, and 2) for those retired licensees who retired license is more than three years old.

Website Information for Consumers. This bill will authorize the BOP to post specified information about licensees on its website including information about disciplinary licenses, enforcement actions or proceedings, information about revocations, probations, or limitations on practice ordered by the BOP, accusations filed by the BOP, citations issued by the BOP, and specified information about licensee education, professional information or other information as established by the BOP through regulations.

Analysis Prepared by: Elissa Silva / B. & P. / (916) 319-3301 FN: 0004034

Date of Hearing: August 3, 2016

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Lorena Gonzalez, Chair

SBPCA Bill Id:SB 1194

Author:(Hill) – As Amended Ver:May 31, 2016

Urgency: No State Mandated Local Program: Yes Reimbursable: No

SUMMARY:

This bill extends the sunset date for the Board of Psychology (BOP) by four years, until January 1, 2021.

It also contains a number of minor provisions to address issues discussed in BOP's sunset review, including provisions to: amend statutes pertaining to psychological assistants (PA); revise continuing education (CE) requirements; establish policies for posting licensee information on the BOP's website; authorize the BOP to issue a retired license; revise the requirements related to approved schools; and other technical, clarifying and conforming changes to the BOP and the psychology practice act (act).

FISCAL EFFECT:

1. Approximately $5 million (fee-supported Psychology Fund) per year to continue operation of the BOP for an additional four years.
2. Minor and absorbable costs to issue regulations to implement a retired license type, and to make necessary information technology changes (Psychology Fund).
3. Unknown, likely minor, ongoing revenue loss to the Psychology Fund, as well as reduced administrative workload, to the extent some individuals apply for a retired license ($75 one-time fee and application) instead of an inactive license ($50 every two years).

COMMENTS:

1. Purpose. In March 2016, the Senate Business and Professions Committee and the Assembly Business and Professions Committee conducted joint oversight hearings to review 11 different regulatory entities. Sunset review bills, such as this one, are intended to implement any legislative changes identified as a result of the hearings and extend regulatory authority for entities reviewed at the hearings. This bill extends the sunset for the BOP for four years.
2. Background. The BOP regulates about 20,000 licensed psychologists who can practice psychology independently, 280 registered psychologists, and 1,600 registered PAs.
3. Related Legislation. AB 2190 through AB 2194 (Salas) and SB 1192 through 1196 (Hill) are all 2016 sunset review bills on various topics.

Analysis Prepared by: Lisa Murawski / APPR. / (916) 319-2081

Date of Hearing:

ASSEMBLY COMMITTEE ON BUSINESS AND PROFESSIONS

Rudy Salas, Chair

SBPCA Bill Id:

Author:() – As Ver:

SENATE VOTE:

SUBJECT:

SUMMARY: Extends the sunset date for the Board of Psychology (BOP) by four years, until January 1, 2021; amends statutes pertaining to psychological assistants (PA); revises continuing education (CE) requirements; establishes policies for posting licensee information on the BOP's website; authorizes the BOP to issue a retired license; revises the requirements related to approved schools; and, makes other technical, clarifying and conforming changes to the BOP and the psychology practice act (act).

EXISTING LAW:

1. Establishes the BOP to enforce and administer the Psychology Licensing Law. (Business and Professions Code (BPC) Section 2900, et seq.)
2. Requires a PA to be employed by a clinic, as specified; a psychological corporation; a licensed psychology clinic, as specified; or by a medical corporation. (BPC Section 2913)
3. Prohibits a licensed psychologist from supervising more than three PAs at a time unless otherwise authorized by the BOP. (BPC Section 2913)
4. Prohibits a board certified psychiatrist from registering, employing, or supervising more than one PA at a time. (BPC Section 2913)
5. Requires a licensed psychologist, board certified psychiatrist, contract clinic, psychological corporation, or medical corporation, to register the PA with the BOP. (BPC Section 2913)
6. Prohibits a contract clinic, psychological corporation, or medical corporation from employing more than ten PAs at any time, and limits the number of PAs a contract clinic may register, employ, or supervise to one PA for each designated full-time staff psychiatrist. (BPC Section 2913)
7. States that an applicant holding a doctoral degree in psychology from an approved institution is deemed to meet certain licensing requirements 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; and,
   2. The approved institution has not, since July 1, 1999, had a new location, as described in Section 94823.5 of the Education Code. (BPC Section 2914)
8. Establishes requirements for CE. (BPC Section 2915)
9. Sunsets the BOP on January 1, 2017. (BPC Sections 2920, 2933)

THIS BILL:

1. Revises employment restrictions for PAs, as specified.
2. Clarifies that PAs are required to register themselves with the BOP, and the registration must be renewed annually in accordance with BOP regulations, as specified.
3. Deletes the provision allowing a licensed psychologist to register, employ or supervise more than three psychological assistants at a time with specific authorization from the BOP.
4. Requires on or after January 1, 2020 that an applicant for licensure as a psychologist possess an earned doctorate degree in psychology, in educational psychology or in education with the field of specialization in counseling psychology or educational psychology from a college or institution of higher education that is accredited by a regional accrediting agency recognized by the United States Department of Education (USDE) and authorizes the BOP to accept only until January 1, 2020, an applicant who possesses a doctorate degree in psychology, educational psychology, or in education with the field of specialization in counseling psychology or educational psychology from an institution that is not accredited by an accrediting agency recognized by the USDE but is approved to operate by the BPPE.
5. Changes references to CE to continuing professional development (CPD).
6. Requires applicants for licensure renewal to submit under penalty of perjury that he or she is in compliance with specified CPD requirements.
7. Specifies that CPD means certain continuing education learning activities approved in the following four categories: 1) professional; 2) academic; 3) sponsored continuing education coursework; and, 4) Board certification from the American Board of Professional Psychology.
8. Authorizes the BOP to develop regulations further defining CPD activities.
9. Deletes the exemption from CE requirements for a licensed psychologist whose practice does not include the direct provision of mental health services.
10. Deletes the requirement that CE instruction be completed in California or be approved for credit by the American Psychological Association or its equivalent and instead specifies that courses must be approved for credit by organizations approved by the BOP, and those organizations previously approved by the BOP to provide CE is deemed approved, as specified.
11. Revises the BOPs authority to accept CE courses from certain nonprofit organizations.
12. Deletes the requirement that a licensed psychologist must choose CE instruction that is related to the assessment, diagnosis, and intervention for the client population that is being served or to the fields of psychology in which the psychologist intends to provide services, as specified.
13. Authorizes the BOP to grant an exemption or an extension of the time for compliance with, from CPD, as specified.
14. Deletes the authorization for CE credit to be approved for licensees who serve as commissioners on any examination.
15. Extends the sunset date for the BOP by four years, until January 1, 2021.
16. Authorizes the BOP to post on its Internet website the following information on the current status of the license for all current and former licensees:
    1. Whether or not the license has a record of disciplinary action; and,
    2. Any of the following enforcement actions or proceedings:
       1. Temporary restraining orders;
       2. Interim suspension orders;
       3. Revocations, suspensions, probations, or limitations on practice ordered by the BOP or by a court with jurisdiction in the state, including those made part of a probationary order, cease practice order or stipulated agreement;
       4. Accusations filed by the BOP including those accusations that are on appeal, excluding ones that have been dismissed or withdrawn where the action is no longer pending; and,
       5. Citations issued by the BOP, unless withdrawn, posted for five years from the date of issuance.
17. Authorizes the BOP to post on its Internet website all of the following historical information in its possession, custody, or control regarding all current and former licensees:
    1. Institutions that awarded the qualifying educational degree and type of degree awarded; and,
    2. A link to the licensee's professional website.
18. Permits the BOP to post other information as determined through regulation.
19. Deletes the section on appointment of commissioners on examinations, as specified.
20. Permits the BOP to issue a retired license, as specified.
21. Authorizes the holder of a retired license to return to active status if specified conditions are met including, the retired license not being issued more than three years for the date of return to active status; not committed acts or crimes constituting grounds for denial; paying the renewal fee; completing CPD, and complying with fingerprint submission requirements.
22. Authorizes the holder of a retired license to return to active status if the retired license was issued three or more years from the application date if specified conditions are met including, completing an application packet, taking and passing the California Psychology Law and Ethics Examination; paying all fees; complying with fingerprint submission requirements, having met educational and experience requirements, as specified, and establishing that he or she has not been subject to denial or discipline of a license.

FISCAL EFFECT: According to the Senate Appropriations Committee, this bill will result in,

• Ongoing costs of about $5 million per year for the continued operation of the Board of Psychology (Psychology Fund). The Board is entirely funded with licensing fees.
• Ongoing revenue loss of about $57,000 per year offset initially by one-time revenue of $86,000, due to current licensees shifting from an inactive psychology license to a retired psychology license (Psychology Fund). Over time, there will be minor annual revenue from new retired license applications, which will partially offset the ongoing revenue loss. The reduction in annual renewal fees will generally be offset by a reduction in administrative workload for the Board to process renewal applications.

Under current law, a licenses psychologist who is no longer practicing can apply for and be granted an inactive license. An inactive license must be renewed every two years and requires a $50 renewal fee. This bill creates a retired psychologist license that would require a one-time $75 fee. Most of the applicants for the new license are likely to currently have an inactive license or would apply for one upon retirement. Therefore, the Board will experience a revenue loss from the shift from licensees shifting from a renewable license to one with a one-time fee.

• No other significant costs are anticipated to the Board from the other changes in the bill.

COMMENTS:

Purpose. This bill is a sunset bill which seeks to extend the sunset date of the BOP by four years, until January 1, 2021, makes other regulatory and programmatic changes as raised during the 2016 sunset review hearing, and makes other technical, clarifying, and conforming amendments pertaining to the BOP. This bill is sponsored by the author. "According to the author’s office, "This bill is necessary to update provisions of the Psychology Licensing Law to reflect current practices and improve information available to consumers."

Background. Board of Psychology. The BOP regulates licensed psychologists, registered PAs, and registered psychologists. Only licensed psychologists can practice psychology independently in the private sector in California. In order to be a licensed psychologist, an individual must obtain a doctorate degree in psychology, educational psychology, or education within the field of specialization in counseling psychology or educational psychology from an accredited or approved institution, and have completed two years (3,000) hours of supervised professional experience, where at least 1,500 of those hours be completed post-doctoral. PAs are registered to a licensed psychologist or to a board-certified psychiatrist as employees who provide limited psychological services. Those registered psychologists are registered with the BOP and work and train under supervision in non-profit agencies that receive government funding. PAs are employed and supervised by a qualified licensed psychologist as employees who may provide limited services. PAs are required to have a master's degree, but no specified experience requirements. The BOP's current licensing population includes approximately 20,000 psychologists, approximately 280 registered psychologist and approximately 1,600 PAs.

Joint Oversight Hearings and Sunset Review of DCA Licensing Boards. In March of 2016, the Assembly Business and Professions Committee and the Senate Business, Professions and Economic Development Committee (Committees) conducted multiple joint oversight hearings to review 11 regulatory boards within the DCA and one regulatory entity outside of the DCA. The sunset bills are intended to implement legislative changes recommended in the respective background reports drafted by the Committee staff for the agencies reviewed this year.

The Sunset Review Process. The sunset review process provides a formal mechanism for the DCA, the Legislature, the regulatory boards, bureaus and committees, interested parties, and stakeholders to make recommendations for improvements to the authority of consumer protection boards and bureaus. This is performed on a standard four-year cycle and was mandated by SB 2036 (McCorquodale), Chapter 908, Statutes of 1994. Each eligible agency is required to submit to the Committees a report covering the entire period since last reviewed that includes, among other things, the purpose and necessity of the agency and any recommendations of the agency for changes or reorganization in order to better fulfill its purpose. During the sunset review hearings, the Committees take public testimony and evaluate the eligible agency prior to the date the agency is scheduled to be repealed. An eligible agency is allowed to sunset unless the Legislature enacts a law to extend, consolidate, or reorganize the eligible agency.

The BOP was last reviewed in 2011 and received a four-year sunset extension at that time The legislation pertaining to this bill is based on specific issues raised and addressed in the report released by the Senate Committee on Business and Professions along with the sunset review hearing on March 14, 2016.

Approved Schools and National Accreditation. California is the only state that allows students from unaccredited schools to sit for psychology licensing examinations. Current law requires the BOP to accept doctoral degrees in psychology from either accredited or approved institutions. An institution is deemed approved if it is not a franchise, was approved by the former Bureau of Private Postsecondary Vocational Education on or before 1999, and has not moved to a new location since 1999. There are six schools meeting these criteria, with approvals and oversight conducted solely by the BPPE. This issue was raised during the previous review of the BOP. At that time, the BOP noted that it was concerned that there is little quality control over the schools’ operations or curriculum and students have a low pass rate on the national exam, among other issues. At that time, the BOP stated that the students from these schools should not be eligible for licensure and expressed their preference for a change in law to prohibit applicants from approved schools. The law was not changed during the previous sunset review.

In an effort to increase the quality of educational programs in California, the California Private Postsecondary Education Act of 2009 was amended in 2014. SB 1247 (Lieu), Chapter 840, Statutes of 2014, required degree granting institutions to be accredited by an agency recognized by the USDE by July 1, 2020 in order to receive BPPE approval. Further, AB 2099 (Frazier), Chapter 676, Statutes of 2014 also established requirements for unaccredited degree granting programs participating in Title 38, the program that provides educational awards for eligible active duty military members and veterans. While the BOP recognizes recent Legislative actions as significant progress, there remains a concern that these changes may be insufficient to raise California’s psychologists to the national standard. As a result, in the 2016 Committee Staff Background Paper, it was recommended that current language authorizing graduates with degrees from unaccredited institutions to sit for licensure by the BOP be removed, and ensure that timeframes for this change accommodate current students. Additionally, it was requested for the BOP to provide information to the Committees as to whether regional accreditation may be preferable to other types of accreditation, and the Committees should specify the type of accreditation that should be required of institutions offering degrees intended to lead to licensure.

As a result of that recommendation, this bill will delete the current requirements pertaining to school approval and instead require that an applicant for a psychologists' license graduate from an institution that is accredited by a regional accrediting agency recognized by the USDE. This bill will allow the BOP to continue to accept applicant who possesses a doctorate degree from an institution that is not accredited by an agency accredited by an accrediting agency recognized by the USDE, but is approved to operate in this state by the BPPE until January 1, 2020; thereby giving persons who may be in a current program time to complete a program.

Continuing Professional Development. Traditional models of CE entail formal learning activities conducted in classroom or workshop settings. As referenced earlier in the report, the BOP seeks changes to their CE program to accommodate a broader competency model called CPD. The CPD model provides additional avenues for maintaining competence. These options are meant to expand the ways licensees can increase their learning and to include performance-based assessments of licensees’ competence.

In the 2016 Committee Staff Background Paper, it was recommended that the BOP provide recommendations to the Committee with respect to establishing changes in CE requirements. To address the issues raised by the BOP, this bill will change current references to CE and replace it with CPD. This bill will define CPD to include activities in four different categories including professional, academic, sponsoring CE coursework, and board certification from the American Board of Professional Psychology. This bill will allow the BOP to grant an extension in addition to an exemption from CPD requirements. This bill requires licensees to certify under penalty of perjury that he or she has completed the required CPD instead of submitting all documentation. This bill will require CPD courses to be approved by organizations that are approved by the BOP.

Psychological Assistants. In order to become a licensed psychologist, applicants must accrue 3,000 hours of supervised professional experience. Individuals who have a Master’s degree and are admitted into a doctoral program may obtain these hours by registering with the BOP as a PA. A PA provides psychological services to individuals or groups while under the supervision of a licensed psychologist or a board certified psychiatrist. Current law requires that a PA be employed only by a psychological or medical corporation, a California licensed psychology clinic, a Bronzan-McCorquodale contract clinic, a licensed psychologist, or a board certified psychiatrist. The BOP recognizes that these statutes are outdated and do not reflect the employment, contract, or volunteer opportunities available in settings beyond current limitations, such as hospitals, nursing homes, and rehabilitation centers. In the 2016 Committee Staff Background Paper, it was recommended that the BOP should provide recommendations to the Committees for updating PA statutes to focus on appropriate supervision, rather than the physical setting. This bill makes changes related to PAs by deleting outdated employment restrictions and deletes the option for a licensed psychologist to supervise, register, or employ more than three PAs. In addition, this bill makes it clear that a PA registers with the BOP and not the PAs supervisor.

Retired License. The Psychology Act does not authorize a retired license. Under existing law, a retired licensee may choose only between “inactive” status, which costs $25 per year, or “delinquent” status. These have negative connotations and may not respect a long and honorable career. The BOP is seeking to establish a “retired” licensure category, similar to many other healing arts programs such as the Medical Board, Professional Fiduciaries Bureau, Board of Behavioral Sciences, and Board of Optometry. Adding this license designation is a consistent request from licensees and is included in the BOP’s 2014-2018 Strategic Plan.

This bill authorizes the BOP to establish a retired license and sets up the criteria for such a license. This bill provides two pathways to return a retired license to active status; 1) for those retired licensees whose retired license is less than three years old, and 2) for those retired licensees who retired license is more than three years old.

Website Information for Consumers. The BOP's website contains information for the benefit of consumers. As such, the BOP has requested additional legislative authority to post historical information on existing and past licensees’ approved graduate and post-graduate education on its website. This bill will authorize the BOP to post specified information about licensees on its website including information about disciplinary licenses, enforcement actions or proceedings, information about revocations, probations, or limitations on practice ordered by the BOP, accusations filed by the BOP, citations issued by the BOP, and specified information about licensee education, professional information or other information as established by the BOP through regulations.

Prior Related Legislation. AB 773 (Baker), Chapter 336, Statutes of 2015, recast the expiration dates for certain licenses, certificates, and registrations issued by the BOP based on the date of issuance instead of a licensee’s birthdate.

AB 1374 (Levine), Chapter 529, Statutes of 2015, eliminated the requirement for a fee in the practice of psychology so that psychological services may be provided for free, revised terms related to the practice of psychology, amended the process by which an applicant submits a verification of experience to the BOP, and made technical and clarifying changes.

AB 705 (Eggman), Chapter 218, Statutes of 2015, updated the Psychology Licensing Law to require employees in exempt settings be supervised by a licensed psychologist and become licensed within five years of practice, and made technical and clarifying changes.

SB 1236 (Price) Chapter 322, Statutes of 2012, extended the sunset date for the BOP, until 2017, among other provisions.

ARGUMENTS IN SUPPORT:

The California Psychological Association writes in support, "On behalf of the California Psychological Association, I’m pleased to inform you of our SUPPORT position on [this bill], legislation related to the [BOP] sunset extension…Without the sunset extension, the licensure, regulation and discipline of psychologists and pre-licensed psychologists would cease to exist in the state, cutting off access to services for millions of Californians. We are fully supportive of the four year extension in the bill, as well as language that ensures all eligible licensees will have graduated from an accredited institution and the establishment of a ‘retired licensee’ status."

REGISTERED SUPPORT:

California Psychological Association

REGISTERED OPPOSITION:

None on file.

Analysis Prepared by: Elissa Silva / B. & P. / (916) 319-3301

 THIRD READING  

Bill No: SB 1194

Author:

:

Vote:

SENATE BUS., PROF. & ECON. DEV. COMMITTEE: 9-0, 4/18/16

AYES: Hill, Bates, Berryhill, Block, Galgiani, Hernandez, Jackson, Mendoza, Wieckowski

SENATE APPROPRIATIONS COMMITTEE: 7-0, 5/27/16

AYES: Lara, Bates, Beall, Hill, McGuire, Mendoza, Nielsen

SUBJECT:

SOURCE: Author

DIGEST: This bill amends statutes related to psychological assistants (PAs), psychologist academic requirements, and continuing education (CE); establishes policies for posting licensee information on the Board of Psychology’s (BOP) Web site; extends the BOP’s sunset date to 2021; authorizes the issuance of a retired license; and makes technical amendments.

ANALYSIS:

Existing law:

1. Establishes the BOP to enforce and administer the Psychology Licensing Law. (Business and Professions Code (BPC) § 2900 et seq.)
2. Requires a PA to be employed by a clinic, as specified; a psychological corporation; a licensed psychology clinic, as specified; or by a medical corporation. (BPC § 2913)
3. Prohibits a licensed psychologist from supervising more than three PAs at a time unless otherwise authorized by the BOP. (BPC § 2913)
4. Prohibits a board certified psychiatrist from registering, employing, or supervising more than one PA at a time. (BPC § 2913)
5. Prohibits a contract clinic, psychological corporation, or medical corporation from employing more than ten PAs at any time, and limits the number of PAs a contract clinic may register, employ, or supervise to one PA for each designated full-time staff psychiatrist. (BPC § 2913)
6. States that an applicant holding a doctoral degree in psychology from an approved institution is deemed to meet certain licensing requirements if both of the following are true: (BPC § 2914)
   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; and,
   2. The approved institution has not, since July 1, 1999, had a new location, as described in § 94823.5 of the Education Code.
7. Establishes requirements for CE. (BPC § 2915)
8. Sunsets the BOP on January 1, 2017. (BPC §§ 2920, 2933)

This bill:

1. Deletes PA employment restrictions and related provisions.
2. Requires a PA to register him or herself with the BOP.
3. Authorizes a board certified psychiatrist to supervise, register, or employ three PAs with specific authorization from the BOP.
4. Requires that an applicant graduate from a college or institution of higher education that is accredited by a regional accrediting agency recognized by the United States Department of Education after January 1, 2020. Authorizes BOP, until January 1, 2020, to accept an applicant who possesses a doctorate degree from an institution that is not accredited by an accrediting agency recognized by the United States Department of Education but is approved to operate in this state by the Bureau for Private Postsecondary Education (BPPE). 
5. Changes references from CE to “continuing professional development” (CPD) and instead of requiring licensees to submit proof of compliance to BOP, requires licensees to retain proof of compliance for submission to the BOP upon request.
6. Defines CPD as certain continuing education learning activities approved in four different categories:
   1. Professional.
   2. Academic.
   3. Sponsored continuing education coursework.
   4. Board certification from the American Board of Professional Psychology according to the standards the American Board of Professional Psychology used for certification as of January 1, 2016.
7. Authorizes an organization approved by the BOP to provide or approve CE on March 1, 2016, to be deemed approved.
8. Authorizes the BOP to accept sponsored CE courses that have been approved by a private, nonprofit organization that has demonstrated to the BOP in writing that it has, at a minimum, a 10-year history of providing educational programming for psychologists and has documented procedures for maintaining a CE approval program.
9. Authorizes the BOP to develop regulations further defining acceptable CPD activities.
10. Deletes the exemption from CE requirements for a licensed psychologist whose practice does not include the direct provision of mental health services.
11. Deletes the requirement that a licensed psychologist choose CE instruction that is related to the assessment, diagnosis, and intervention for the client population being served or to the fields of psychology in which the psychologist intends to provide services.
12. Authorizes the BOP to post the following licensee information:
    1. Whether or not the licensee has any record of a disciplinary action;
    2. The following enforcement actions or proceedings against the licensee:
       1. Temporary restraining orders;
       2. Interim suspension orders;
       3. Revocations, suspensions, probations, or limitations on practice ordered by the BOP or by a court with jurisdiction in the State, including those made part of a probationary order, cease practice order, or stipulated agreement;
       4. Accusations filed by the BOP, including those accusations that are on appeal, excluding ones that have been dismissed or withdrawn where the action is no longer pending; and,
       5. Citations issued by the BOP. Unless withdrawn, citations shall be posted for five years from the date of issuance.
    3. Institutions that awarded the qualifying educational degree and type of degree awarded;
    4. A link to the licensee’s professional Web site; and,
    5. Other information designated by the BOP in regulation.
13. Authorizes the BOP to issue a retired psychologist license, as specified.
14. Extends the BOP sunset to January 1, 2021.
15. Makes technical amendments.

Comments

This bill is sponsored by the author, and is one of five sunset bills the author is sponsoring this session. According to the author’s office, this bill is necessary to update provisions of the Psychology Licensing Law to reflect current practices and improve information available to consumers.

FISCAL EFFECT: Appropriation: Fiscal Com.: Local:

According to the Senate Appropriations Committee:

• Ongoing costs of about $5 million per year for the continued operation of the BOP (Psychology Fund). The BOP is entirely funded with licensing fees.
• Ongoing revenue loss of about $57,000 per year offset initially by one-time revenue of $86,000, due to current licensees shifting from an inactive psychology license to a retired psychology license (Psychology Fund). Over time, there will be minor annual revenue from new retired license applications, which will partially offset the ongoing revenue loss. The reduction in annual renewal fees will generally be offset by a reduction in administrative workload for the BOP to process renewal applications.

Under current law, a licenses psychologist who is no longer practicing can apply for and be granted an inactive license. An inactive license must be renewed every two years and requires a $50 renewal fee. This bill creates a retired psychologist license that requires a one-time $75 fee. Most of the applicants for the new license are likely to currently have an inactive license or would apply for one upon retirement. Therefore, the BOP will experience a revenue loss from the shift from licensees shifting from a renewable license to one with a one-time fee.

• No other significant costs are anticipated to the BOP from the other changes in this bill.

SUPPORT: (Verified 5/31/16)

California Board of Psychology

California Psychological Association

OPPOSITION: (Verified 5/31/16)

None received

ARGUMENTS IN SUPPORT: The BOP writes, “At its May 20, 2016 meeting, the Board of Psychology (Board) adopted a Support position on SB 1194 (Hill). This bill would extend the statutory sunset of the Board of Psychology to 2021, authorize the Board to issue a Retired Psychologist license and make a variety of other changes to the licensing requirements for psychologists and Board operations.

“The Board supports and agrees with the Sunset Review Committee staff recommendation that “the practice of psychology continue to be regulated by the current Board members in order to protect the interests of the public and be reviewed once again in four years.

“The Board appreciates the confidence the Committees have demonstrated in recommending the continuance of the regulation of the practice of psychology by the Board in its current configuration.”

Prepared by:

5/31/16 22:13:13

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SENATE COMMITTEE ON APPROPRIATIONS

Senator Ricardo Lara, Chair

2015 - 2016 Regular Session

SB 1194 (Hill) - Psychology: Board of Psychology: personnel

Bill Summary:

SB 1194 would extend the statutory sunset on the Board of Psychology to 2021. The bill would authorize the Board to issue a Retired Psychologist license and make a variety of other changes to the licensing requirements for psychologists and Board operations.

*********** ANALYSIS ADDENDUM – SUSPENSE FILE ***********

The following information is revised to reflect amendments

adopted by the committee on May 27, 2016

Fiscal Impact:

• Ongoing costs of about $5 million per year for the continued operation of the Board of Psychology (Psychology Fund). The Board is entirely funded with licensing fees.
• Ongoing revenue loss of about $57,000 per year offset initially by one-time revenue of $86,000, due to current licensees shifting from an inactive psychology license to a retired psychology license (Psychology Fund). Over time, there will be minor annual revenue from new retired license applications, which will partially offset the ongoing revenue loss. The reduction in annual renewal fees will generally be offset by a reduction in administrative workload for the Board to process renewal applications.

Under current law, a licenses psychologist who is no longer practicing can apply for and be granted an inactive license. An inactive license must be renewed every two years and requires a $50 renewal fee. This bill creates a retired psychologist license that would require a one-time $75 fee. Most of the applicants for the new license are likely to currently have an inactive license or would apply for one upon retirement. Therefore, the Board will experience a revenue loss from the shift from licensees shifting from a renewable license to one with a one-time fee.

• No other significant costs are anticipated to the Board from the other changes in the bill.

Author Amendments:

Make technical corrections.

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SENATE COMMITTEE ON

Senator Ricardo Lara, Chair

2015 - 2016 Regular Session

SB 1194 (Hill) - Psychology: Board of Psychology: personnel

This bill meets the criteria for referral to the Suspense File.

Bill Summary:

SB 1194 would extend the statutory sunset on the Board of Psychology to 2021. The bill would authorize the Board to issue a Retired Psychologist license and make a variety of other changes to the licensing requirements for psychologists and Board operations.

Fiscal Impact:

• Ongoing costs of about $5 million per year for the continued operation of the Board of Psychology (Psychology Fund). The Board is entirely funded with licensing fees.
• Ongoing revenue loss of about $57,000 per year offset initially by one-time revenue of $86,000, due to current licensees shifting from an inactive psychology license to a retired psychology license (Psychology Fund). Over time, there will be minor annual revenue from new retired license applications, which will partially offset the ongoing revenue loss. The reduction in annual renewal fees will generally be offset by a reduction in administrative workload for the Board to process renewal applications.

Under current law, a licenses psychologist who is no longer practicing can apply for and be granted an inactive license. An inactive license must be renewed every two years and requires a $50 renewal fee. This bill creates a retired psychologist license that would require a one-time $75 fee. Most of the applicants for the new license are likely to currently have an inactive license or would apply for one upon retirement. Therefore, the Board will experience a revenue loss from the shift from licensees shifting from a renewable license to one with a one-time fee.

• No other significant costs are anticipated to the Board from the other changes in the bill.

Background:

Under current law, the Board of Psychology licenses and regulates the practice of licensed psychologists, registered psychological assistants, and registered psychologists. Current law imposes specified requirements on those professionals, including academic and professional training requirements and continuing education requirements.

Under current law, the Board is not authorized to issue a retired psychologist license to a psychologist who is no longer practicing. (Several other Department of Consumer Affairs licensing boards and bureaus have such a license category.) Under current law, a licensed psychologist can apply for an inactive license. That license must be renewed every two years and requires a $50 renewal fee.

Proposed Law:

SB 1194 would extend the statutory sunset on the Board of Psychology to 2021. The bill would authorize the Board to issue a Retired Psychologist license and make a variety of other changes to the licensing requirements for psychologists and Board operations.

Specific provisions of the bill would:

• Delete existing employment restrictions on psychological assistants;
• Delete the option for a licensed psychologist to supervise more than three psychological assistants with Board authorization;
• Delete provisions of law related to the employment or supervision of a psychological assistant by a licensed psychiatrist;
• Require applicants for licensure to have graduated from an institution of higher learning accredited by a regional accreditation agency approved by the federal Department of Education;
• Authorize the Board, until 2020, to accept an applicant for licensure who possesses a doctoral degree from an unaccredited institution but that is approved to operate in the state by the Bureau for Private Postsecondary Education;
• Revise the term “continuing education” to “continuing professional development” and makes several changes to existing requirements;
• Authorize the Board to post specified information on licensees on its website;
• Authorize the Board to issue a retired psychologist license, with a one-time $75 fee;
• Extend the statutory sunset of the Board to January 1, 2021;
• Make a number of technical changes.

Staff Comments:

This bill is one of a number of Department of Consumer Affairs licensing board and bureau sunset extension bills authored by the chair of either the Senate or Assembly Business and Professions Committees. The changes to the licensing and operational requirements of the Board have been developed through those committees’ sunset review process.

The only costs that may be incurred by a local agency relate to crimes and infractions. Under the California Constitution, such costs are not reimbursable by the state.

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SENATE COMMITTEE ON

BUSINESS, PROFESSIONS AND ECONOMIC DEVELOPMENT

Senator Jerry Hill, Chair

2015 - 2016 Regular

Bill No: Hearing Date: April 18, 2016

Subject:

SUMMARY:

Amends statutes related to psychological assistants (PAs), psychologist academic requirements, and continuing education (CE); establishes policies for posting licensee information on the Board of Psychology’s (BOP) Web site; extends the BOP’s sunset date to 2021; authorizes the issuance of a retired license; and makes technical amends.

Existing law:

1. Establishes the BOP to enforce and administer the Psychology Licensing Law. (Business and Professions Code (BPC) § 2900 et seq.)
2. Requires a PA to be employed by a clinic, as specified; a psychological corporation; a licensed psychology clinic, as specified; or by a medical corporation. (BPC § 2913)
3. Prohibits a licensed psychologist from supervising more than three PAs at a time unless otherwise authorized by the BOP. (BPC § 2913)
4. Prohibits a board certified psychiatrist from registering, employing, or supervising more than one PA at a time. (BPC § 2913)
5. Requires the licensed psychologist, board certified psychiatrist, contract clinic, psychological corporation, or medical corporation, to register the PA with the BOP. (BPC § 2913)
6. Prohibits a contract clinic, psychological corporation, or medical corporation from employing more than ten PAs at any time, and limits the number of PAs a contract clinic may register, employ, or supervise to one PA for each designated full-time staff psychiatrist. (BPC § 2913)
7. States that an applicant holding a doctoral degree in psychology from an approved institution is deemed to meet certain licensing requirements 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; and,
   2. The approved institution has not, since July 1, 1999, had a new location, as described in § 94823.5 of the Education Code. (BPC § 2914)
8. Establishes requirements for CE. (BPC § 2915)
9. Sunsets the BOP on January 1, 2017. (BPC §§ 2920, 2933)

This bill:

1. Deletes PA employment restrictions and related provisions.
2. Deletes the option for a licensed psychologist to supervise, register, or employ more than three PAs with specific authorization from the BOP.
3. Deletes provisions of law related to the employment, supervision, and registration of a PA by a BOP certified psychiatrist.
4. Deletes requirements related to an approved school and instead requires that an applicant graduate from a college or institution of higher education that is accredited by a regional accrediting agency recognized by the United States Department of Education. Authorizes BOP, until January 1, 2020, to accept an applicant who possesses a doctorate degree from an institution that is not accredited by an accrediting agency recognized by the United States Department of Education but is approved to operate in this state by the Bureau for Private Postsecondary Education (BPPE). 
5. Changes references from CE to “continuing professional development” (CPD) and instead of requiring licensees to submit proof of compliance to BOP, requires licensees to retain proof of compliance for submission to the BOP upon request.
6. Deletes the requirement that CE instruction be completed in California or be approved for CE credit by the American Psychological Association or its equivalent; states instead that courses shall be approved for credit by organizations approved by the BOP.
7. Deletes BOP’s authority to recognize CE courses that have been approved by a nonprofit organization with at least 10 years experience managing CE programs for psychologists.
8. Deletes the exemption from CE requirements for a licensed psychologist whose practice does not include the direct provision of mental health services.
9. Deletes the requirement that a licensed psychologist choose CE instruction that is related to the assessment, diagnosis, and intervention for the client population being served or to the fields of psychology in which the psychologist intends to provide services.
10. Allows CPD credit for individuals selected by the BOP for enforcement-related functions.
11. Authorizes the BOP to post the following licensee information:
    1. Whether or not the licensee has any record of a disciplinary action;
    2. The following enforcement actions or proceedings against the licensee:
       1. Temporary restraining orders;
       2. Interim suspension orders;
       3. Revocations, suspensions, probations, or limitations on practice ordered by the BOP or by a court with jurisdiction in the State, including those made part of a probationary order, cease practice order, or stipulated agreement;
       4. Accusations filed by the BOP, including those accusations that are on appeal, excluding ones that have been dismissed or withdrawn where the action is no longer pending; and,
       5. Citations issued by the BOP. Unless withdrawn, citations shall be posted for five years from the date of issuance.
    3. Institutions that awarded the qualifying educational degree and type of degree awarded;
    4. A link to the licensee’s professional website; and,
    5. Other information designated by the BOP in regulation.
12. Authorizes the BOP to issue a retired psychologist license, as specified.
13. Extends the BOP sunset to January 1, 2021.
14. Makes technical amendments.

FISCAL EFFECT:

Unknown. This bill is keyed “fiscal” by Legislative Counsel.

COMMENTS:

1. Purpose. This bill is sponsored by the Author, and is one of five sunset bills the Author is sponsoring this session. According to the Author’s office, this bill is necessary to update provisions of the Psychology Licensing Law to reflect current practices and improve information available to consumers.
2. Oversight Hearings and Sunset Review of Licensing Boards and Programs. Beginning in 2015, the Senate Business, Professions and Economic Development Committee and the Assembly Business and Professions Committee (Committees) conducted joint oversight hearings to review 12 regulatory entities: DCA, Acupuncture Board, Board of Behavioral Sciences, California Massage Therapy Association, Court Reporters Board, Board of Pharmacy, Physician Assistant Board, Board of Podiatric Medicine, BPPE, BOP, Bureau of Real Estate, Bureau of Real Estate Appraisers and Veterinary Medical Board.

This and other accompanying sunset bills are intended to implement legislative changes as recommended by Committee staff in the Background Papers prepared for each agency and program reviewed.

1. Background on BOP. The BOP regulates licensed psychologists, registered PAs, and registered psychologists. BOP is one of 30 regulatory entities that falls under the organizational structure of the Department of Consumer Affairs. It is funded by license, application, and examination fees, and receives no revenue from California’s General Fund.

Psychology as a profession was recognized with the Certification Act of 1958, which provided only title protection. In 1967, the Legislature statutorily defined the practice of psychology and required licensure to practice. During these early days, the Board was an examining committee under the jurisdiction of the Division of Allied Health Professions of The Board of Medical Quality Assurance (BMQA). The Psychology Examining Committee gradually became more independent in the 1970s, taking responsibility for its own operations, including the authority to adopt regulations and administrative disciplinary actions without the endorsement of BMQA. The Psychology Examining Committee officially became the BOP in 1990.

The BOP consists of nine members, five licensed psychologists, and four public members. The BOP is vested with the authority to implement and enforce the Psychology Licensing Law and appoints an Executive Officer (EO) to carry out its will administratively. The EO is responsible for managing 23 staff and a budget of $4.8 million.

1. Review of the BOP – Issues Identified and Recommended Changes
   1. Issue: Approved schools and national accreditation.

Background: California is the only state that allows students from unaccredited schools to sit for psychology licensing examinations. Current law requires the BOP to accept doctoral degrees in psychology from either accredited or approved institutions. An institution is deemed approved if it is not a franchise, was approved by the Bureau for Private Postsecondary and Vocational Education on or before 1999, and has not moved to a new location since 1999. There are six schools meeting these criteria, and approvals and oversight are conducted solely by the BPPE.

This issue was raised during the previous review of the BOP in 2011. At that time, the BOP was concerned about the lack of quality control over the schools’ operations and curriculum and that students attending approved schools have a low pass rate on the national exam, among other issues. The BOP stated that the students from these schools should not be eligible for licensure and expressed their preference for a change in law to prohibit applicants from approved schools. This law was not changed.

In an effort to increase the quality of educational programs in California, the California Private Postsecondary Education Act of 2009 was amended in 2014
(SB 1247, Lieu, Chapter 840, Statutes of 2014) to require degree granting institutions to be accredited by an agency recognized by the U.S. Department of Education (which includes national accreditation) by July 1, 2020 in order to receive BPPE approval.

However, these changes are insufficient to raise California’s psychologists to the national standard. The main barrier is that the Association of State and Provincial Psychology Boards (ASPPB) requires member states to have regionally accredited schools to participate in their Agreement of Reciprocity for licensure. Current law will only require national accreditation. Further, California psychologists cannot join the American Psychological Association as full members; participate in certain pre-doctoral or post-doctoral programs necessary for some types of employment, including the U.S. Department of Veterans’ Affairs Health and Medical Centers -- the largest employer of psychologists in the U.S; or be eligible for licensure in some states.

Recommendation and Proposed Statutory Change: The Committees should remove current language authorizing graduates with degrees from unaccredited institutions to sit for licensure by the BOP and ensure that timeframes for this change accommodate current students. The BOP should provide information to the Committees as to whether regional accreditation may be preferable to other types of accreditation, and the Committees should specify the type of accreditation that should be required of institutions offering degrees intended to lead to licensure.

This bill deletes current requirements related to an approved school and instead requires that an applicant for psychologist licensure graduate from a college or institution of higher education that is accredited by a regional accrediting agency recognized by the United States Department of Education. This bill also authorizes the BOP, until January 1, 2020, to accept an applicant who possesses a doctorate degree from an institution that is not accredited by an accrediting agency recognized by the U.S. Department of Education but is approved to operate in this state by the BPPE. 

• 1. Issue: Continuing education.

Background: Traditional models of CE entail formal learning activities conducted in classroom or workshop settings. The BOP is seeking changes to its CE program to accommodate a broader competency model called CPD. The model was developed by the ASPPB and provides additional avenues for maintaining professional competence. These options are meant to expand the ways licensees can increase their learning and to include performance-based assessments.

Changes should include:

1. Redefining CE requirements as CPD requirements;
2. Removing specific course requirements found in the BPC; and,
3. Enabling the BOP to approve specific organizations that provide CPD

activities.

Recommendation and Proposed Statutory Change: The BOP should provide recommendations to the Committee for updating CE statutes.

This bill changes references from “continuing education” to “continuing professional development,” requires licensees to retain proof of CPD compliance for submission to the BOP upon request; requires CPD courses to be approved for credit by organizations approved by the BOP; allows CPD credit for individuals selected by the BOP for enforcement-related functions; and requires the BOP to promulgate regulations relating to CPD.

• 1. Issue: Expansion of PA practice areas.

Background: Applicants must accrue 3,000 hours of supervised professional experience in order to qualify for psychologist licensure. Individuals who have a Master’s degree and are admitted into a doctoral program may obtain these hours by registering with the BOP as a PA. A PA provides psychological services to individuals or groups while under the supervision of a licensed psychologist or a board certified psychiatrist.

Current law requires that a PA be employed only by a psychological or medical corporation, a California licensed psychology clinic, a Bronzan-McCorquodale contract clinic, a licensed psychologist, or a board certified psychiatrist.

The BOP recognizes that these statutes are outdated and do not reflect the employment, contract, or volunteer opportunities available in settings beyond current limitations, such as hospitals, nursing homes, and rehabilitation centers.

Recommendation and Proposed Statutory Change: The BOP should provide recommendations to the Committee for updating PA statutes to focus on appropriate supervision, rather than physical setting.

This bill deletes PA employment restrictions and related provisions and deletes the option for a licensed psychologist to supervise, register, or employ more than three PAs with specific authorization from the BOP.

• 1. Issue: Retired license.

Background: The Psychology Licensing Law does not authorize a retired license. Under existing law, a retired licensee may choose only between “inactive” status, which costs $25 per year, or “delinquent” status. These have negative connotations and may not respect a long and honorable career.

The BOP is seeking to establish a “retired” licensure category, similar to many other healing arts programs such as the Medical Board of California, Professional Fiduciaries Bureau, Board of Behavioral Sciences, and Board of Optometry. The creation of this license would require a one-time fee and would provide a means for a retired licensee to return to active status under certain circumstances.

Adding this license designation is a consistent request from licensees and is included in the BOP’s 2014-2018 Strategic Plan.

Recommendation and Proposed Statutory Change: The BOP should provide recommendations to the Committee for establishing a retired license.

This bill authorizes the BOP to issue a retired license.

• 1. Issue: Web site information.

Background: The BOP has been very active in providing information to consumers and seeks legislative authority to post historical information on existing and past licensees’ approved graduate and post-graduate education on its Web site. This will enable consumers to make informed decisions when selecting a psychology provider.

Recommendation and Proposed Statutory Change: The BOP should provide recommendations to the Committee for updating its public information policies.

This bill authorizes the BOP to post the information on the status of its licensees relating to disciplinary and enforcement actions, academic credentials, a licensee’s website, and other information designated by the BOP in regulations.

1. Prior Related Legislation. AB 773 (Baker, Chapter 336, Statutes of 2015) recast the expiration dates for certain licenses, certificates, and registrations issued by the BOP based on the date of issuance instead of a licensee’s birthdate.

AB 705 (Eggman, Chapter 218, Statutes of 2015) updated the Psychology Licensing Law to require employees in exempt settings be supervised by a licensed psychologist and become licensed within five years of practice, and made technical and clarifying changes.

AB 1374 (Levine, Chapter 529, Statutes of 2015) eliminated the requirement for a fee in the practice of psychology so that psychological services may be provided for free, revised terms related to the practice of psychology, amended the process by which an applicant submits a verification of experience to the BOP, and made technical and clarifying changes.

1. Arguments in Support. The California Psychological Association writes, “The Board of Psychology is a licensing Board within the Department of Consumer Affairs responsible for overseeing the laws and regulations related to the licensure, practice and discipline of the diverse profession of Psychology. The Board regulates over 20,000 psychologists, registered psychologists, and psychological assistants. Psychologists are doctoral-level mental health providers with a variety of specialties.
   
2. The profession is very diverse and necessitates its own separate licensing board. The Board is fully funded by licensing and application fees. As a result, there is absolutely no General Fund cost to the state to run the Board of Psychology. Without the sunset extension, the licensure, regulation and discipline of psychologists and pre-licensed psychologists would cease to exist in the state, cutting off access to services for millions of Californians. We are fully supportive of the four year extension in the bill, as well as the pending amendments to ensure that all eligible licensees will have graduated from an accredited institution and the establishment of a ‘retired licensee’ status.”
   
3. Author’s Amendments.
   1. On page 3, line 14, after “person,” strike “is registered” and insert “shall register him or herself”

This amendment clarifies that the PA is responsible for registering him or herself.

• 1. On page 4, line 26, insert “or board certified psychiatrist” after “psychologist.

This bill does not include the number of PAs a board certified psychiatrist can supervise; this amendment sets it at the same number as a licensed psychologist.

• 1. On page 5, between lines 13 and 14, insert:

(b) 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.

• 1. On page 7, between lines 14 and 15, insert:

(g) Until January 1, 2020, 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.

c) and d) are necessary to ensure that current license requirements remain in place until January 1, 2020.

• 1. On page 8, at line 22, insert:

“c) Continuing professional development means certain continuing education learning activities approved in four different categories: (1) Professional (2) Academic (3) Sponsored Continuing Education Coursework and (4) Board Certification from the American Board of Professional Psychology (ABPP). The Board may develop regulations further defining acceptable continuing professional development activities.”

It is unclear presently in the bill what constitutes acceptable continuing professional development, and this amendment will help clarify what may be applied towards licensure requirements.

• 1. On page 9, line 8, delete “credit”

This is a technical correction.

• 1. On page 9, line 9, after “board.” insert: “An organization previously approved by the Board to provide or approve CE is deemed approved under this section.”

“f) The board may accept sponsored CE courses that have been approved by a private, non-profit organization that has demonstrated to the Board in writing, that it has, at a minimum, a 10-year history of providing educational programming for psychologists and has documented procedures for maintaining a continuing education approval program. The Board shall adopt regulations as necessary for implementing this section.”

This amendment gives the Board general legislative directions for approving CE courses.

• 1. On page 10, delete lines 1-5.

This is unnecessary because this opportunity will be covered under professional CPD activities.

SUPPORT AND OPPOSITION:

Support:

California Psychological Association

Opposition: None on file as of April 12, 2016.

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