AB 1456: Professional licensure.
- Session Year: 2017-2018
- House: Assembly
- Latest Version Date: 2017-07-31
(1)Existing law provides for the licensure and regulation of health facilities by the State Department of Public Health. Existing law prohibits the licensure requirements for professional personnel, including psychologists, marriage and family therapists, clinical social workers, and professional clinical counselors, in the state and other governmental health facilities licensed by the department from being less than for those professional personnel in health facilities under private ownership. Existing law authorizes the department to waive that requirement for persons in the profession of psychology who are gaining qualifying experience for licensure in that profession in this state, and prohibits the waiver from exceeding 3 years from the date the employment commences in this state.
Existing law requires that a person employed or under contract to provide diagnostic, treatment, or other mental health services in the state or to supervise or provide consultation on these services in the state correctional system be a physician and surgeon, a psychologist, or other health professional, licensed to practice in this state. Existing law authorizes the Secretary of the Department of Corrections and Rehabilitation to waive that requirement for persons in the profession of psychology who are gaining qualifying experience for licensure in that profession in this state, and prohibits the waiver from exceeding 3 years from the date the employment commences in this state.
This bill would extend the applicable time for those waivers to 4 years from commencement of the employment in this state, and would authorize the extension of the waiver for one additional year.
(2)Existing law, the Bronzan-McCorquodale Act, contains provisions governing the operation and financing of community mental health services for the mentally disordered in every county through locally administered and locally controlled community mental health programs. The act requires persons employed or under contract to provide mental health services pursuant to these provisions to be subject to all applicable requirements of law regarding professional licensure, and prohibits a person from being employed to provide services for which a license is required unless the person possesses a valid license. The act requires the State Department of Health Care Services to waive these requirements for persons who have been recruited for employment from outside the state as psychologists, clinical social workers, marriage and family therapists, or professional clinical counselors and whose experience is sufficient to gain admission to a licensing examination, and prohibits the waiver from exceeding 3 years from the date of employment by, or contract with, a local mental health program.
This bill would extend the applicable time for that waiver to 5 years from the date of employment by, or contract with, a local mental health program under the act.
Existing law establishes the Medi-Cal program, administered by the State Department of Health Care Services, under which basic health care services are provided to qualified low-income persons. Existing law provides that specialty mental health services are covered under the Medi-Cal program for eligible Medi-Cal beneficiaries and coverage for those services is provided through mental health plans.
The bill would also make the above-mentioned requirements and waivers regarding professional licensure applicable for persons employed or under contract to provide mental health services as part of a mental health plan that contracts with the department to provide specialty mental health services under the Medi-Cal program.
The bill would require the department to implement, interpret, or make specific these provisions by means of information notices, plan or provider bulletins, or similar instructions until regulations are adopted on or before December 31, 2020.
(3)This bill would declare that it is to take effect immediately as an urgency statute.
(1)Existing law provides for the licensure and regulation of health facilities by the State Department of Public Health. Existing law prohibits the licensure requirements for professional personnel, including psychologists, marriage and family therapists, clinical social workers, and professional clinical counselors, in the state and other governmental health facilities licensed by the department from being less than for those professional personnel in health facilities under private ownership. Existing law authorizes the department to waive that requirement for persons in the profession of psychology who are gaining qualifying experience for licensure in that profession in this state, and prohibits the waiver from exceeding 3 years from the date the employment commences in this state.
Existing law requires that a person employed or under contract to provide diagnostic, treatment, or other mental health services in the state or to supervise or provide consultation on these services in the state correctional system be a physician and surgeon, a psychologist, or other health professional, licensed to practice in this state. Existing law authorizes the Secretary of the Department of Corrections and Rehabilitation to waive that requirement for persons in the profession of psychology who are gaining qualifying experience for licensure in that profession in this state, and prohibits the waiver from exceeding 3 years from the date the employment commences in this state.
This bill would extend the applicable time for those waivers to 4 years from commencement of the employment in this state, and would authorize the extension of the waiver for one additional year.
(2)Existing law, the Bronzan-McCorquodale Act, contains provisions governing the operation and financing of community mental health services for the mentally disordered in every county through locally administered and locally controlled community mental health programs. The act requires persons employed or under contract to provide mental health services pursuant to these provisions to be subject to all applicable requirements of law regarding professional licensure, and prohibits a person from being employed to provide services for which a license is required unless the person possesses a valid license. The act requires the State Department of Health Care Services to waive these requirements for persons who have been recruited for employment from outside the state as psychologists, clinical social workers, marriage and family therapists, or professional clinical counselors and whose experience is sufficient to gain admission to a licensing examination, and prohibits the waiver from exceeding 3 years from the date of employment by, or contract with, a local mental health program.
This bill would extend the applicable time for that waiver to 5 years from the date of employment by, or contract with, a local mental health program under the act.
Existing law establishes the Medi-Cal program, administered by the State Department of Health Care Services, under which basic health care services are provided to qualified low-income persons. Existing law provides that specialty mental health services are covered under the Medi-Cal program for eligible Medi-Cal beneficiaries and coverage for those services is provided through mental health plans.
The bill would also make the above-mentioned requirements and waivers regarding professional licensure applicable for persons employed or under contract to provide mental health services as part of a mental health plan that contracts with the department to provide specialty mental health services under the Medi-Cal program.
The bill would require the department to implement, interpret, or make specific these provisions by means of information notices, plan or provider bulletins, or similar instructions until regulations are adopted on or before December 31, 2020.
(3)This bill would declare that it is to take effect immediately as an urgency statute.
(1)Existing law provides for the licensure and regulation of health facilities by the State Department of Public Health. Existing law prohibits the licensure requirements for professional personnel, including psychologists, marriage and family therapists, clinical social workers, and professional clinical counselors, in the state and other governmental health facilities licensed by the department from being less than for those professional personnel in health facilities under private ownership. Existing law authorizes the department to waive that requirement for persons in the profession of psychology who are gaining qualifying experience for licensure in that profession in this state, and prohibits the waiver from exceeding 3 years from the date the employment commences in this state.
Existing law requires that a person employed or under contract to provide diagnostic, treatment, or other mental health services in the state or to supervise or provide consultation on these services in the state correctional system be a physician and surgeon, a psychologist, or other health professional, licensed to practice in this state. Existing law authorizes the Secretary of the Department of Corrections and Rehabilitation to waive that requirement for persons in the profession of psychology who are gaining qualifying experience for licensure in that profession in this state, and prohibits the waiver from exceeding 3 years from the date the employment commences in this state.
This bill would extend the applicable time for those waivers to 4 years from commencement of the employment in this state, and would authorize the extension of the waiver for one additional year.
(2)Existing law, the Bronzan-McCorquodale Act, contains provisions governing the operation and financing of community mental health services for the mentally disordered in every county through locally administered and locally controlled community mental health programs. The act requires persons employed or under contract to provide mental health services pursuant to these provisions to be subject to all applicable requirements of law regarding professional licensure, and prohibits a person from being employed to provide services for which a license is required unless the person possesses a valid license. The act requires the State Department of Health Care Services to waive these requirements for persons who have been recruited for employment from outside the state as psychologists, clinical social workers, marriage and family therapists, or professional clinical counselors and whose experience is sufficient to gain admission to a licensing examination, and prohibits the waiver from exceeding 3 years from the date of employment by, or contract with, a local mental health program.
This bill would extend the applicable time for that waiver to 5 years from the date of employment by, or contract with, a local mental health program under the act.
Existing law establishes the Medi-Cal program, administered by the State Department of Health Care Services, under which basic health care services are provided to qualified low-income persons. Existing law provides that specialty mental health services are covered under the Medi-Cal program for eligible Medi-Cal beneficiaries and coverage for those services is provided through mental health plans.
The bill would also make the above-mentioned requirements and waivers regarding professional licensure applicable for persons employed or under contract to provide mental health services as part of a mental health plan that contracts with the department to provide specialty mental health services under the Medi-Cal program.
The bill would require the department to implement, interpret, or make specific these provisions by means of information notices, plan or provider bulletins, or similar instructions until regulations are adopted on or before December 31, 2020.
(3)This bill would declare that it is to take effect immediately as an urgency statute.
(1)Existing law provides for the licensure and regulation of health facilities by the State Department of Public Health. Existing law prohibits the licensure requirements for professional personnel, including psychologists, marriage and family therapists, clinical social workers, and professional clinical counselors, in the state and other governmental health facilities licensed by the department from being less than for those professional personnel in health facilities under private ownership. Existing law authorizes the department to waive that requirement for persons in the profession of psychology who are gaining qualifying experience for licensure in that profession in this state, and prohibits the waiver from exceeding 3 years from the date the employment commences in this state.
Existing law requires that a person employed or under contract to provide diagnostic, treatment, or other mental health services in the state or to supervise or provide consultation on these services in the state correctional system be a physician and surgeon, a psychologist, or other health professional, licensed to practice in this state. Existing law authorizes the Secretary of the Department of Corrections and Rehabilitation to waive that requirement for persons in the profession of psychology who are gaining qualifying experience for licensure in that profession in this state, and prohibits the waiver from exceeding 3 years from the date the employment commences in this state.
This bill would extend the applicable time for those waivers to 4 years from commencement of the employment in this state, and would authorize the extension of the waiver for one additional year.
Existing law, for persons employed less than full time as psychologists, clinical social workers, marriage and family therapists, or professional clinical counselors in health facilities licensed by the State Department of Public Health, or as psychologists or clinical social workers employed or under contract to provide diagnostic, treatment, or other mental health services in the state or to supervise or provide consultation on these services in the state correctional system, also authorizes an extension of the waiver of licensure for additional years proportional to the extent of part-time employment, but prohibits the waiver of licensure from exceeding 5 years in the case of psychologists, or 6 years in the case of the other professions.This bill would extend the applicable time for those waivers to 6 years in the case of psychologists.(2)Existing law, the Bronzan-McCorquodale Act, contains provisions governing the operation and financing of community mental health services for the mentally disordered in every county through locally administered and locally controlled community mental health programs. The act requires persons employed or under contract to provide mental health services pursuant to these provisions to be subject to all applicable requirements of law regarding professional licensure, and prohibits a person from being employed to provide services for which a license is required unless the person possesses a valid license. The act requires the State Department of Health Care Services to waive these requirements for persons who have been recruited for employment from outside the state as psychologists, clinical social workers, marriage and family therapists, or professional clinical counselors and whose experience is sufficient to gain admission to a licensing examination, and prohibits the waiver from exceeding 3 years from the date of employment by, or contract with, a local mental health program.
This bill would extend the applicable time for that waiver to 5 years from the date of employment by, or contract with, a local mental health program under the act.
(3)This bill would declare that it is to take effect immediately as an urgency statute.
(1)Existing law provides for the licensure and regulation of health facilities by the State Department of Public Health. Existing law prohibits the licensure requirements for professional personnel, including psychologists, marriage and family therapists, clinical social workers, and professional clinical counselors, in the state and other governmental health facilities licensed by the department from being less than for those professional personnel in health facilities under private ownership. Existing law authorizes the department to waive that requirement for persons in the profession of psychology who are gaining qualifying experience for licensure in that profession in this state, and prohibits the waiver from exceeding 3 years from the date the employment commences in this state.
Existing law requires that a person employed or under contract to provide diagnostic, treatment, or other mental health services in the state or to supervise or provide consultation on these services in the state correctional system be a physician and surgeon, a psychologist, or other health professional, licensed to practice in this state. Existing law authorizes the Secretary of the Department of Corrections and Rehabilitation to waive that requirement for persons in the profession of psychology who are gaining qualifying experience for licensure in that profession in this state, and prohibits the waiver from exceeding 3 years from the date the employment commences in this state.
This bill would extend the applicable time for that waiver those waivers to 4 years from commencement of the employment in this state, and would authorize the department to grant an extension of the waiver for one additional year.
Existing law, for persons employed less than full time as psychologists, clinical social workers, marriage and family therapists, or professional clinical counselors less than full time, in health facilities licensed by the State Department of Public Health, or as psychologists or clinical social workers employed or under contract to provide diagnostic, treatment, or other mental health services in the state or to supervise or provide consultation on these services in the state correctional system, also authorizes the department to grant an extension of the waiver of licensure for additional years proportional to the extent of part-time employment, but prohibits the waiver of licensure from exceeding 5 years in the case of psychologists, or 6 years in the case of the other professions.
This bill would extend the applicable time for that waiver those waivers to 6 years in the case of psychologists.
(2)Existing law, the Bronzan-McCorquodale Act, contains provisions governing the operation and financing of community mental health services for the mentally disordered in every county through locally administered and locally controlled community mental health programs. The act requires persons employed or under contract to provide mental health services pursuant to these provisions to be subject to all applicable requirements of law regarding professional licensure, and prohibits a person from being employed to provide services for which a license is required unless the person possesses a valid license. The act requires the State Department of Health Care Services to waive these requirements for persons who have been recruited for employment from outside the state as psychologists, clinical social workers, marriage and family therapists, or professional clinical counselors and whose experience is sufficient to gain admission to a licensing examination, and prohibits the waiver from exceeding 3 years from the date of employment by, or contract with, a local mental health program.
This bill would extend the applicable time for that waiver to 5 years from the date of employment by, or contract with, a local mental health program under the act.
(3)This bill would declare that it is to take effect immediately as an urgency statute.
(1)Existing law provides for the licensure and regulation of health facilities by the State Department of Public Health. Existing law prohibits the licensure requirements for professional personnel, including psychologists, marriage and family therapists, clinical social workers, and professional clinical counselors, in the state and other governmental health facilities licensed by the department from being less than for those professional personnel in health facilities under private ownership. Existing law authorizes the department to waive that requirement for persons in the profession of psychology who is are gaining qualifying experience for licensure in that profession in this state, and prohibits the waiver from exceeding 3 years from the date the employment commences in this state.
This bill would extend the applicable time for that waiver to 4 years from commencement of the employment in this state, and would authorize the department to grant an extension of the waiver for one additional year.
Existing law, for persons employed as psychologists, clinical social workers, marriage and family therapists, or professional clinical counselors less than full time, also authorizes the department to grant an extension of the waiver of licensure for additional years proportional to the extent of part-time employment, but prohibits the waiver of licensure from exceeding 5 years in the case of psychologists, or 6 years in the case of the other professions.
This bill would extend the applicable time for that waiver to 6 years in the case of psychologists.
Existing(2)Existing law, the Bronzan-McCorquodale Act, contains provisions governing the operation and financing of community mental health services for the mentally disordered in every county through locally administered and locally controlled community mental health programs. The act requires persons employed or under contract to provide mental health services pursuant to these provisions to be subject to all applicable requirements of law regarding professional licensure, and prohibits a person from being employed to provide services for which a license is required unless the person possesses a valid license. The act requires the State Department of Health Care Services to waive these requirements for persons who have been recruited for employment from outside the state as psychologists, clinical social workers, marriage and family therapists, or professional clinical counselors and whose experience is sufficient to gain admission to a licensing examination, and prohibits the waiver from exceeding 3 years from the date of employment by, or contract with, a local mental health program.
This bill would extend the applicable time for those waivers that waiver to 5 years from the date the employment commences in a health facility in this state, or from the date of employment by, or contract with, a local mental health program under the act.
(3)This bill would declare that it is to take effect immediately as an urgency statute.
Existing law provides for the licensure and regulation of health facilities by the State Department of Public Health. Existing law prohibits the licensure requirements for professional personnel, including psychologists, marriage and family therapists, clinical social workers, and professional clinical counselors, in the state and other governmental health facilities licensed by the department from being less than for those professional personnel in health facilities under private ownership. Existing law authorizes the department to waive that requirement for persons in the profession of psychology who is gaining qualifying experience for licensure in that profession in this state, and prohibits the waiver from exceeding 3 years from the date the employment commences in this state.
Existing law, the Bronzan-McCorquodale Act, contains provisions governing the operation and financing of community mental health services for the mentally disordered in every county through locally administered and locally controlled community mental health programs. The act requires persons employed or under contract to provide mental health services pursuant to these provisions to be subject to all applicable requirements of law regarding professional licensure, and prohibits a person from being employed to provide services for which a license is required unless the person possesses a valid license. The act requires the State Department of Health Care Services to waive these requirements for persons who have been recruited for employment from outside the state as psychologists, clinical social workers, marriage and family therapists, or professional clinical counselors and whose experience is sufficient to gain admission to a licensing examination, and prohibits the waiver from exceeding 3 years from the date of employment by, or contract with, a local mental health program.
This bill would extend the applicable time for those waivers to 5 years from the date the employment commences in a health facility in this state, or from the date of employment by, or contract with, a local mental health program under the act.
(a)No license shall be issued by the department unless it finds that the premises, the management, the bylaws, rules and regulations, the equipment, the staffing, both professional and nonprofessional, and the standards of care and services are adequate and appropriate, and that the health facility is operated in the manner required by this chapter and by the rules and regulations adopted hereunder.
(b)(1)Notwithstanding any provision of Part 2 (commencing with Section 5600) of Division 5 of, or Division 7 (commencing with Section 7100) of, the Welfare and Institutions Code or any other law to the contrary, except Sections 2072 and 2073 of the Business and Professions Code, the licensure requirements for professional personnel, including, but not limited to, physicians and surgeons, dentists, podiatrists, psychologists, marriage and family therapists, pharmacists, registered nurses, clinical social workers, and professional clinical counselors in the state and other governmental health facilities licensed by the department shall not be less than for those professional personnel in health facilities under private ownership.
(2)Persons employed as psychologists and clinical social workers, while continuing in their employment in the same class as of January 1, 1979, in the same state or other governmental health facility licensed by the department, including those persons on authorized leave, but not including intermittent personnel, shall be exempt from the requirements of paragraph (1).
(3)The requirements of paragraph (1) may be waived by the department solely for persons in the professions of psychology, marriage and family therapy, clinical social work, or professional clinical counseling who are gaining qualifying experience for licensure in such profession in this state. A waiver granted pursuant to this paragraph shall not exceed four years from commencement of the employment in this state, at which time licensure shall have been obtained or the employment shall be terminated, except that an extension of a waiver of licensure may be granted for one additional year, based on extenuating circumstances determined by the department pursuant to subdivision (e). For persons employed as psychologists, clinical social workers, marriage and family therapists, or professional clinical counselors less than full time, an extension of a waiver of licensure may be granted for additional years proportional to the extent of part-time employment, as long as the person is employed without interruption in service, but in no case shall the waiver of licensure exceed six years in the case of clinical social workers, marriage and family therapists, or professional clinical counselors, or five years in the case of psychologists.
(4)The durational limitation upon waivers pursuant to paragraph (3) shall not apply to any of the following:
(A)Active candidates for a doctoral degree in social work, social welfare, or social science, who are enrolled at an accredited university, college, or professional school, but these limitations shall apply following completion of this training.
(B)Active candidates for a doctoral degree in marriage and family therapy who are enrolled at a school, college, or university, specified in subdivision (b) of Section 4980.36 of, or subdivision (b) of Section 4980.37 of, the Business and Professions Code, but the limitations shall apply following completion of the training.
(C)Active candidates for a doctoral degree in professional clinical counseling who are enrolled at a school, college, or university, specified in subdivision (b) of Section 4999.32 of, or subdivision (b) of Section 4999.33 of, the Business and Professions Code, but the limitations shall apply following the completion of the training.
(5)A waiver pursuant to paragraph (3) shall be granted only to the extent necessary to qualify for licensure, except that personnel recruited for employment from outside this state and whose experience is sufficient to gain admission to a licensing examination shall nevertheless have one year from the date of their employment in California to become licensed, at which time licensure shall have been obtained or the employment shall be terminated, provided that the employee shall take the licensure examination at the earliest possible date after the date of his or her employment. If the employee does not pass the examination at that time, he or she shall have a second opportunity to pass the next possible examination, subject to the one-year limit.
(c)A special permit shall be issued by the department when it finds that the staff, both professional and nonprofessional, and the standards of care and services are adequate and appropriate, and that the special services unit is operated in the manner required in this chapter and by the rules and regulations adopted hereunder.
(d)The department shall apply the same standards to state and other governmental health facilities that it licenses as it applies to health facilities in private ownership, including standards specifying the level of training and supervision of all unlicensed practitioners. Except for psychologists, the department may grant an extension of a waiver of licensure for personnel recruited from outside this state for one additional year, based upon extenuating circumstances as determined by the department pursuant to subdivision (e).
(e)The department shall grant a request for an extension of a waiver based on extenuating circumstances, pursuant to subdivision (b) or (d), if any of the following circumstances exist:
(1)The person requesting the extension has experienced a recent catastrophic event that may impair the persons ability to qualify for and pass the license examination. Those events may include, but are not limited to, significant hardship caused by a natural disaster, serious and prolonged illness of the person, serious and prolonged illness or death of a child, spouse, or parent, or other stressful circumstances.
(2)The person requesting the extension has difficulty speaking or writing the English language, or other cultural and ethnic factors exist that substantially impair the persons ability to qualify for and pass the license examination.
(3)The person requesting the extension has experienced other personal hardship that the department, in its discretion, determines to warrant the extension.
SEC. 2.Section 5068.5 of the Penal Code is amended to read:5068.5.(a)Notwithstanding any other law, except as provided in subdivisions (b) and (c), any person employed or under contract to provide diagnostic, treatment, or other mental health services in the state or to supervise or provide consultation on these services in the state correctional system shall be a physician and surgeon, a psychologist, or other health professional, licensed to practice in this state.
(b)Notwithstanding Section 5068 or Section 704 of the Welfare and Institutions Code, the following persons are exempt from the requirements of subdivision (a), so long as they continue in employment in the same class and in the same department:
(1)Persons employed on January 1, 1985, as psychologists to provide diagnostic or treatment services, including those persons on authorized leave, but not including intermittent personnel.
(2)Persons employed on January 1, 1989, to supervise or provide consultation on the diagnostic or treatment services, including persons on authorized leave, but not including intermittent personnel.
(c)(1)The requirements of subdivision (a) may be waived by the secretary solely for persons in the professions of psychology or clinical social work who are gaining qualifying experience for licensure in those professions in this state. Providers working in a licensed health care facility operated by the department shall receive a waiver in accordance with Section 1277 of the Health and Safety Code.
(2)A waiver granted pursuant to this subdivision shall not exceed four years from commencement of the employment in this state, at which time licensure shall have been obtained or the employment shall be terminated, except that an extension of a waiver of licensure may be granted for one additional year, based on extenuating circumstances determined by the department pursuant to subdivision (d). For persons employed as psychologists or clinical social workers less than full time, an extension of a waiver of licensure may be granted for additional years proportional to the extent of part-time employment, as long as the person is employed without interruption in service, but in no case shall the waiver of licensure exceed six years in the case of clinical social workers or five years in the case of psychologists. However, this durational limitation upon waivers shall not apply to active candidates for a doctoral degree in social work, social welfare, or social science who are enrolled at an accredited university, college, or professional school, but these limitations shall apply following completion of that training.
(3)A waiver pursuant to this subdivision shall be granted only to the extent necessary to qualify for licensure, except that personnel recruited for employment from outside this state and whose experience is sufficient to gain admission to a licensure examination shall nevertheless have one year from the date of their employment in California to become licensed, at which time licensure shall have been obtained or the employment shall be terminated, provided that the employee shall take the licensure examination at the earliest possible date after the date of his or her employment, and if the employee does not pass the examination at that time, he or she shall have a second opportunity to pass the next possible examination, subject to the one-year limit.
(d)The department shall grant a request for an extension of a waiver of licensure pursuant to subdivision (c) based on extenuating circumstances if any of the following circumstances exist:
(1)The person requesting the extension has experienced a recent catastrophic event that may impair the persons ability to qualify for and pass the licensure examination. Those events may include, but are not limited to, significant hardship caused by a natural disaster; serious and prolonged illness of the person; serious and prolonged illness or death of a child, spouse, or parent; or other stressful circumstances.
(2)The person requesting the extension has difficulty speaking or writing the English language, or other cultural and ethnic factors exist that substantially impair the persons ability to qualify for and pass the license examination.
(3)The person requesting the extension has experienced other personal hardship that the department, in its discretion, determines to warrant the extension.
SEC. 3.Section 5751.2 of the Welfare and Institutions Code is amended to read:5751.2.(a)Except as provided in this section, persons employed or under contract to provide mental health services pursuant to this part, or pursuant to Article 5 (commencing with Section 14680) of Chapter 8.8 of, or Chapter 8.9 (commencing with Section 14700) of, Part 3 of Division 9, shall be subject to all applicable requirements of law regarding professional licensure, and no person shall be employed in local mental health programs pursuant to this part to provide services for which a license is required, unless the person possesses a valid license.
(b)Persons employed as psychologists and clinical social workers, while continuing in their employment in the same class as of January 1, 1979, in the same program or facility, including those persons on authorized leave, but not including intermittent personnel, shall be exempt from the requirements of subdivision (a).
(c)While registered with the licensing board of jurisdiction for the purpose of acquiring the experience required for licensure, persons employed or under contract to provide mental health services pursuant to this part, or pursuant to Article 5 (commencing with Section 14680) of Chapter 8.8 of, or Chapter 8.9 (Commencing with Section 14700) of, Part 3 of Division 9, as clinical social workers, marriage and family therapists, or professional clinical counselors shall be exempt from subdivision (a). Registration shall be subject to regulations adopted by the appropriate licensing board.
(d)The requirements of subdivision (a) shall be waived by the State Department of Health Care Services for persons employed or under contract to provide mental health services as psychologists pursuant to this part, or pursuant to Article 5 (commencing with Section 14680) of Chapter 8.8 of, or Chapter 8.9 (commencing with Section 14700) of, Part 3 of Division 9, who are gaining the experience required for licensure. A waiver granted under this subdivision shall not exceed five years from the date of employment by, or contract with, a local mental health program for persons in the profession of psychology.
(e)The requirements of subdivision (a) shall be waived by the State Department of Health Care Services for persons employed or under contract to provide mental health services as psychologists, clinical social workers, marriage and family therapists, or professional clinical counselors pursuant to this part, or pursuant to Article 5 (commencing with Section 14680) of Chapter 8.8 of, or Chapter 8.9 (commencing with Section 14700) of, Part 3 of Division 9, who have been recruited for employment from outside this state and whose experience is sufficient to gain admission to a licensing examination. A waiver granted under this subdivision shall not exceed five years from the date of employment by, or contract with, a local mental health program for persons in these four professions who are recruited from outside this state.
(f)(1)Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, the department, without taking any further regulatory action, shall implement, interpret, or make specific this section by means of information notices, plan or provider bulletins, or similar instructions until the time that regulations are adopted.
(2)The department shall adopt regulations on or before December 31, 2020, in accordance with the requirements of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.
SEC. 4.This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:
To allow specific types of mental health providers who are at risk of being unable to work without extended license waivers to continue to provide critical mental health services within this state, it is necessary for this act to take effect immediately.
(a)No license shall be issued by the department unless it finds that the premises, the management, the bylaws, rules and regulations, the equipment, the staffing, both professional and nonprofessional, and the standards of care and services are adequate and appropriate, and that the health facility is operated in the manner required by this chapter and by the rules and regulations adopted hereunder.
(b)(1)Notwithstanding any provision of Part 2 (commencing with Section 5600) of Division 5 of, or Division 7 (commencing with Section 7100) of, the Welfare and Institutions Code or any other law to the contrary, except Sections 2072 and 2073 of the Business and Professions Code, the licensure requirements for professional personnel, including, but not limited to, physicians and surgeons, dentists, podiatrists, psychologists, marriage and family therapists, pharmacists, registered nurses, clinical social workers, and professional clinical counselors in the state and other governmental health facilities licensed by the department shall not be less than for those professional personnel in health facilities under private ownership.
(2)Persons employed as psychologists and clinical social workers, while continuing in their employment in the same class as of January 1, 1979, in the same state or other governmental health facility licensed by the department, including those persons on authorized leave, but not including intermittent personnel, shall be exempt from the requirements of paragraph (1).
(3)The requirements of paragraph (1) may be waived by the department solely for persons in the professions of psychology, marriage and family therapy, clinical social work, or professional clinical counseling who are gaining qualifying experience for licensure in such profession in this state. A waiver granted pursuant to this paragraph shall not exceed four years from commencement of the employment in this state, at which time licensure shall have been obtained or the employment shall be terminated, except that an extension of a waiver of licensure may be granted for one additional year, based on extenuating circumstances determined by the department pursuant to subdivision (e). For persons employed as psychologists, clinical social workers, marriage and family therapists, or professional clinical counselors less than full time, an extension of a waiver of licensure may be granted for additional years proportional to the extent of part-time employment, as long as the person is employed without interruption in service, but in no case shall the waiver of licensure exceed six years in the case of clinical social workers, marriage and family therapists, or professional clinical counselors, or five years in the case of psychologists.
(4)The durational limitation upon waivers pursuant to paragraph (3) shall not apply to any of the following:
(A)Active candidates for a doctoral degree in social work, social welfare, or social science, who are enrolled at an accredited university, college, or professional school, but these limitations shall apply following completion of this training.
(B)Active candidates for a doctoral degree in marriage and family therapy who are enrolled at a school, college, or university, specified in subdivision (b) of Section 4980.36 of, or subdivision (b) of Section 4980.37 of, the Business and Professions Code, but the limitations shall apply following completion of the training.
(C)Active candidates for a doctoral degree in professional clinical counseling who are enrolled at a school, college, or university, specified in subdivision (b) of Section 4999.32 of, or subdivision (b) of Section 4999.33 of, the Business and Professions Code, but the limitations shall apply following the completion of the training.
(5)A waiver pursuant to paragraph (3) shall be granted only to the extent necessary to qualify for licensure, except that personnel recruited for employment from outside this state and whose experience is sufficient to gain admission to a licensing examination shall nevertheless have one year from the date of their employment in California to become licensed, at which time licensure shall have been obtained or the employment shall be terminated, provided that the employee shall take the licensure examination at the earliest possible date after the date of his or her employment. If the employee does not pass the examination at that time, he or she shall have a second opportunity to pass the next possible examination, subject to the one-year limit.
(c)A special permit shall be issued by the department when it finds that the staff, both professional and nonprofessional, and the standards of care and services are adequate and appropriate, and that the special services unit is operated in the manner required in this chapter and by the rules and regulations adopted hereunder.
(d)The department shall apply the same standards to state and other governmental health facilities that it licenses as it applies to health facilities in private ownership, including standards specifying the level of training and supervision of all unlicensed practitioners. Except for psychologists, the department may grant an extension of a waiver of licensure for personnel recruited from outside this state for one additional year, based upon extenuating circumstances as determined by the department pursuant to subdivision (e).
(e)The department shall grant a request for an extension of a waiver based on extenuating circumstances, pursuant to subdivision (b) or (d), if any of the following circumstances exist:
(1)The person requesting the extension has experienced a recent catastrophic event that may impair the persons ability to qualify for and pass the license examination. Those events may include, but are not limited to, significant hardship caused by a natural disaster, serious and prolonged illness of the person, serious and prolonged illness or death of a child, spouse, or parent, or other stressful circumstances.
(2)The person requesting the extension has difficulty speaking or writing the English language, or other cultural and ethnic factors exist that substantially impair the persons ability to qualify for and pass the license examination.
(3)The person requesting the extension has experienced other personal hardship that the department, in its discretion, determines to warrant the extension.
SEC. 2.Section 5068.5 of the Penal Code is amended to read:5068.5.(a)Notwithstanding any other law, except as provided in subdivisions (b) and (c), any person employed or under contract to provide diagnostic, treatment, or other mental health services in the state or to supervise or provide consultation on these services in the state correctional system shall be a physician and surgeon, a psychologist, or other health professional, licensed to practice in this state.
(b)Notwithstanding Section 5068 or Section 704 of the Welfare and Institutions Code, the following persons are exempt from the requirements of subdivision (a), so long as they continue in employment in the same class and in the same department:
(1)Persons employed on January 1, 1985, as psychologists to provide diagnostic or treatment services, including those persons on authorized leave, but not including intermittent personnel.
(2)Persons employed on January 1, 1989, to supervise or provide consultation on the diagnostic or treatment services, including persons on authorized leave, but not including intermittent personnel.
(c)(1)The requirements of subdivision (a) may be waived by the secretary solely for persons in the professions of psychology or clinical social work who are gaining qualifying experience for licensure in those professions in this state. Providers working in a licensed health care facility operated by the department shall receive a waiver in accordance with Section 1277 of the Health and Safety Code.
(2)A waiver granted pursuant to this subdivision shall not exceed four years from commencement of the employment in this state, at which time licensure shall have been obtained or the employment shall be terminated, except that an extension of a waiver of licensure may be granted for one additional year, based on extenuating circumstances determined by the department pursuant to subdivision (d). For persons employed as psychologists or clinical social workers less than full time, an extension of a waiver of licensure may be granted for additional years proportional to the extent of part-time employment, as long as the person is employed without interruption in service, but in no case shall the waiver of licensure exceed six years in the case of clinical social workers or five years in the case of psychologists. However, this durational limitation upon waivers shall not apply to active candidates for a doctoral degree in social work, social welfare, or social science who are enrolled at an accredited university, college, or professional school, but these limitations shall apply following completion of that training.
(3)A waiver pursuant to this subdivision shall be granted only to the extent necessary to qualify for licensure, except that personnel recruited for employment from outside this state and whose experience is sufficient to gain admission to a licensure examination shall nevertheless have one year from the date of their employment in California to become licensed, at which time licensure shall have been obtained or the employment shall be terminated, provided that the employee shall take the licensure examination at the earliest possible date after the date of his or her employment, and if the employee does not pass the examination at that time, he or she shall have a second opportunity to pass the next possible examination, subject to the one-year limit.
(d)The department shall grant a request for an extension of a waiver of licensure pursuant to subdivision (c) based on extenuating circumstances if any of the following circumstances exist:
(1)The person requesting the extension has experienced a recent catastrophic event that may impair the persons ability to qualify for and pass the licensure examination. Those events may include, but are not limited to, significant hardship caused by a natural disaster; serious and prolonged illness of the person; serious and prolonged illness or death of a child, spouse, or parent; or other stressful circumstances.
(2)The person requesting the extension has difficulty speaking or writing the English language, or other cultural and ethnic factors exist that substantially impair the persons ability to qualify for and pass the license examination.
(3)The person requesting the extension has experienced other personal hardship that the department, in its discretion, determines to warrant the extension.
SEC. 3.Section 5751.2 of the Welfare and Institutions Code is amended to read:5751.2.(a)Except as provided in this section, persons employed or under contract to provide mental health services pursuant to this part, or pursuant to Article 5 (commencing with Section 14680) of Chapter 8.8 of, or Chapter 8.9 (commencing with Section 14700) of, Part 3 of Division 9, shall be subject to all applicable requirements of law regarding professional licensure, and no person shall be employed in local mental health programs pursuant to this part to provide services for which a license is required, unless the person possesses a valid license.
(b)Persons employed as psychologists and clinical social workers, while continuing in their employment in the same class as of January 1, 1979, in the same program or facility, including those persons on authorized leave, but not including intermittent personnel, shall be exempt from the requirements of subdivision (a).
(c)While registered with the licensing board of jurisdiction for the purpose of acquiring the experience required for licensure, persons employed or under contract to provide mental health services pursuant to this part, or pursuant to Article 5 (commencing with Section 14680) of Chapter 8.8 of, or Chapter 8.9 (Commencing with Section 14700) of, Part 3 of Division 9, as clinical social workers, marriage and family therapists, or professional clinical counselors shall be exempt from subdivision (a). Registration shall be subject to regulations adopted by the appropriate licensing board.
(d)The requirements of subdivision (a) shall be waived by the State Department of Health Care Services for persons employed or under contract to provide mental health services as psychologists pursuant to this part, or pursuant to Article 5 (commencing with Section 14680) of Chapter 8.8 of, or Chapter 8.9 (commencing with Section 14700) of, Part 3 of Division 9, who are gaining the experience required for licensure. A waiver granted under this subdivision shall not exceed five years from the date of employment by, or contract with, a local mental health program for persons in the profession of psychology.
(e)The requirements of subdivision (a) shall be waived by the State Department of Health Care Services for persons employed or under contract to provide mental health services as psychologists, clinical social workers, marriage and family therapists, or professional clinical counselors pursuant to this part, or pursuant to Article 5 (commencing with Section 14680) of Chapter 8.8 of, or Chapter 8.9 (commencing with Section 14700) of, Part 3 of Division 9, who have been recruited for employment from outside this state and whose experience is sufficient to gain admission to a licensing examination. A waiver granted under this subdivision shall not exceed five years from the date of employment by, or contract with, a local mental health program for persons in these four professions who are recruited from outside this state.
(f)(1)Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, the department, without taking any further regulatory action, shall implement, interpret, or make specific this section by means of information notices, plan or provider bulletins, or similar instructions until the time that regulations are adopted.
(2)The department shall adopt regulations on or before December 31, 2020, in accordance with the requirements of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.
SEC. 4.This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:
To allow specific types of mental health providers who are at risk of being unable to work without extended license waivers to continue to provide critical mental health services within this state, it is necessary for this act to take effect immediately.
(a)No license shall be issued by the department unless it finds that the premises, the management, the bylaws, rules and regulations, the equipment, the staffing, both professional and nonprofessional, and the standards of care and services are adequate and appropriate, and that the health facility is operated in the manner required by this chapter and by the rules and regulations adopted hereunder.
(b)(1)Notwithstanding any provision of Part 2 (commencing with Section 5600) of Division 5 of, or Division 7 (commencing with Section 7100) of, the Welfare and Institutions Code or any other law to the contrary, except Sections 2072 and 2073 of the Business and Professions Code, the licensure requirements for professional personnel, including, but not limited to, physicians and surgeons, dentists, podiatrists, psychologists, marriage and family therapists, pharmacists, registered nurses, clinical social workers, and professional clinical counselors in the state and other governmental health facilities licensed by the department shall not be less than for those professional personnel in health facilities under private ownership.
(2)Persons employed as psychologists and clinical social workers, while continuing in their employment in the same class as of January 1, 1979, in the same state or other governmental health facility licensed by the department, including those persons on authorized leave, but not including intermittent personnel, shall be exempt from the requirements of paragraph (1).
(3)The requirements of paragraph (1) may be waived by the department solely for persons in the professions of psychology, marriage and family therapy, clinical social work, or professional clinical counseling who are gaining qualifying experience for licensure in such profession in this state. A waiver granted pursuant to this paragraph shall not exceed four years from commencement of the employment in this state, at which time licensure shall have been obtained or the employment shall be terminated, except that an extension of a waiver of licensure may be granted for one additional year, based on extenuating circumstances determined by the department pursuant to subdivision (e). For persons employed as psychologists, clinical social workers, marriage and family therapists, or professional clinical counselors less than full time, an extension of a waiver of licensure may be granted for additional years proportional to the extent of part-time employment, as long as the person is employed without interruption in service, but in no case shall the waiver of licensure exceed six years in the case of clinical social workers, marriage and family therapists, or professional clinical counselors, or five years in the case of psychologists.
(4)The durational limitation upon waivers pursuant to paragraph (3) shall not apply to any of the following:
(A)Active candidates for a doctoral degree in social work, social welfare, or social science, who are enrolled at an accredited university, college, or professional school, but these limitations shall apply following completion of this training.
(B)Active candidates for a doctoral degree in marriage and family therapy who are enrolled at a school, college, or university, specified in subdivision (b) of Section 4980.36 of, or subdivision (b) of Section 4980.37 of, the Business and Professions Code, but the limitations shall apply following completion of the training.
(C)Active candidates for a doctoral degree in professional clinical counseling who are enrolled at a school, college, or university, specified in subdivision (b) of Section 4999.32 of, or subdivision (b) of Section 4999.33 of, the Business and Professions Code, but the limitations shall apply following the completion of the training.
(5)A waiver pursuant to paragraph (3) shall be granted only to the extent necessary to qualify for licensure, except that personnel recruited for employment from outside this state and whose experience is sufficient to gain admission to a licensing examination shall nevertheless have one year from the date of their employment in California to become licensed, at which time licensure shall have been obtained or the employment shall be terminated, provided that the employee shall take the licensure examination at the earliest possible date after the date of his or her employment. If the employee does not pass the examination at that time, he or she shall have a second opportunity to pass the next possible examination, subject to the one-year limit.
(c)A special permit shall be issued by the department when it finds that the staff, both professional and nonprofessional, and the standards of care and services are adequate and appropriate, and that the special services unit is operated in the manner required in this chapter and by the rules and regulations adopted hereunder.
(d)The department shall apply the same standards to state and other governmental health facilities that it licenses as it applies to health facilities in private ownership, including standards specifying the level of training and supervision of all unlicensed practitioners. Except for psychologists, the department may grant an extension of a waiver of licensure for personnel recruited from outside this state for one additional year, based upon extenuating circumstances as determined by the department pursuant to subdivision (e).
(e)The department shall grant a request for an extension of a waiver based on extenuating circumstances, pursuant to subdivision (b) or (d), if any of the following circumstances exist:
(1)The person requesting the extension has experienced a recent catastrophic event that may impair the persons ability to qualify for and pass the license examination. Those events may include, but are not limited to, significant hardship caused by a natural disaster, serious and prolonged illness of the person, serious and prolonged illness or death of a child, spouse, or parent, or other stressful circumstances.
(2)The person requesting the extension has difficulty speaking or writing the English language, or other cultural and ethnic factors exist that substantially impair the persons ability to qualify for and pass the license examination.
(3)The person requesting the extension has experienced other personal hardship that the department, in its discretion, determines to warrant the extension.
SEC. 2.Section 5068.5 of the Penal Code is amended to read:5068.5.(a)Notwithstanding any other law, except as provided in subdivisions (b) and (c), any person employed or under contract to provide diagnostic, treatment, or other mental health services in the state or to supervise or provide consultation on these services in the state correctional system shall be a physician and surgeon, a psychologist, or other health professional, licensed to practice in this state.
(b)Notwithstanding Section 5068 or Section 704 of the Welfare and Institutions Code, the following persons are exempt from the requirements of subdivision (a), so long as they continue in employment in the same class and in the same department:
(1)Persons employed on January 1, 1985, as psychologists to provide diagnostic or treatment services, including those persons on authorized leave, but not including intermittent personnel.
(2)Persons employed on January 1, 1989, to supervise or provide consultation on the diagnostic or treatment services, including persons on authorized leave, but not including intermittent personnel.
(c)(1)The requirements of subdivision (a) may be waived by the secretary solely for persons in the professions of psychology or clinical social work who are gaining qualifying experience for licensure in those professions in this state. Providers working in a licensed health care facility operated by the department shall receive a waiver in accordance with Section 1277 of the Health and Safety Code.
(2)A waiver granted pursuant to this subdivision shall not exceed four years from commencement of the employment in this state, at which time licensure shall have been obtained or the employment shall be terminated, except that an extension of a waiver of licensure may be granted for one additional year, based on extenuating circumstances determined by the department pursuant to subdivision (d). For persons employed as psychologists or clinical social workers less than full time, an extension of a waiver of licensure may be granted for additional years proportional to the extent of part-time employment, as long as the person is employed without interruption in service, but in no case shall the waiver of licensure exceed six years in the case of clinical social workers or five years in the case of psychologists. However, this durational limitation upon waivers shall not apply to active candidates for a doctoral degree in social work, social welfare, or social science who are enrolled at an accredited university, college, or professional school, but these limitations shall apply following completion of that training.
(3)A waiver pursuant to this subdivision shall be granted only to the extent necessary to qualify for licensure, except that personnel recruited for employment from outside this state and whose experience is sufficient to gain admission to a licensure examination shall nevertheless have one year from the date of their employment in California to become licensed, at which time licensure shall have been obtained or the employment shall be terminated, provided that the employee shall take the licensure examination at the earliest possible date after the date of his or her employment, and if the employee does not pass the examination at that time, he or she shall have a second opportunity to pass the next possible examination, subject to the one-year limit.
(d)The department shall grant a request for an extension of a waiver of licensure pursuant to subdivision (c) based on extenuating circumstances if any of the following circumstances exist:
(1)The person requesting the extension has experienced a recent catastrophic event that may impair the persons ability to qualify for and pass the licensure examination. Those events may include, but are not limited to, significant hardship caused by a natural disaster; serious and prolonged illness of the person; serious and prolonged illness or death of a child, spouse, or parent; or other stressful circumstances.
(2)The person requesting the extension has difficulty speaking or writing the English language, or other cultural and ethnic factors exist that substantially impair the persons ability to qualify for and pass the license examination.
(3)The person requesting the extension has experienced other personal hardship that the department, in its discretion, determines to warrant the extension.
SEC. 3.Section 5751.2 of the Welfare and Institutions Code is amended to read:5751.2.(a)Except as provided in this section, persons employed or under contract to provide mental health services pursuant to this part part, or pursuant to Article 5 (commencing with Section 14680) of Chapter 8.8 of, or Chapter 8.9 (commencing with Section 14700) of, Part 3 of Division 9, shall be subject to all applicable requirements of law regarding professional licensure, and no person shall be employed in local mental health programs pursuant to this part to provide services for which a license is required, unless the person possesses a valid license.
(b)Persons employed as psychologists and clinical social workers, while continuing in their employment in the same class as of January 1, 1979, in the same program or facility, including those persons on authorized leave, but not including intermittent personnel, shall be exempt from the requirements of subdivision (a).
(c)While registered with the licensing board of jurisdiction for the purpose of acquiring the experience required for licensure, persons employed or under contract to provide mental health services pursuant to this part part, or pursuant to Article 5 (commencing with Section 14680) of Chapter 8.8 of, or Chapter 8.9 (Commencing with Section 14700) of, Part 3 of Division 9, as clinical social workers, marriage and family therapists, or professional clinical counselors shall be exempt from subdivision (a). Registration shall be subject to regulations adopted by the appropriate licensing board.
(d)The requirements of subdivision (a) shall be waived by the State Department of Health Care Services for persons employed or under contract to provide mental health services as psychologists pursuant to this part as psychologists part, or pursuant to Article 5 (commencing with Section 14680) of Chapter 8.8 of, or Chapter 8.9 (commencing with Section 14700) of, Part 3 of Division 9, who are gaining the experience required for licensure. A waiver granted under this subdivision shall not exceed five years from the date of employment by, or contract with, a local mental health program for persons in the profession of psychology.
(e)The requirements of subdivision (a) shall be waived by the State Department of Health Care Services for persons employed or under contract to provide mental health services as psychologists, clinical social workers, marriage and family therapists, or professional clinical counselors pursuant to this part, or pursuant to Article 5 (commencing with Section 14680) of Chapter 8.8 of, or Chapter 8.9 (commencing with Section 14700) of, Part 3 of Division 9, who have been recruited for employment from outside this state as psychologists, clinical social workers, marriage and family therapists, or professional clinical counselors and whose experience is sufficient to gain admission to a licensing examination. A waiver granted under this subdivision shall not exceed five years from the date of employment by, or contract with, a local mental health program for persons in these four professions who are recruited from outside this state.
(f)(1)Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, the department, without taking any further regulatory action, shall implement, interpret, or make specific this section by means of information notices, plan or provider bulletins, or similar instructions until the time that regulations are adopted.
(2)The department shall adopt regulations on or before December 31, 2020, in accordance with the requirements of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.
SEC. 4.This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:
To allow specific types of mental health providers who are at risk of being unable to work without extended license waivers to continue to provide critical mental health services within this state, it is necessary for this act to take effect immediately.
(a)No license shall be issued by the department unless it finds that the premises, the management, the bylaws, rules and regulations, the equipment, the staffing, both professional and nonprofessional, and the standards of care and services are adequate and appropriate, and that the health facility is operated in the manner required by this chapter and by the rules and regulations adopted hereunder.
(b)(1)Notwithstanding any provision of Part 2 (commencing with Section 5600) of Division 5 of, or Division 7 (commencing with Section 7100) of, the Welfare and Institutions Code or any other law to the contrary, except Sections 2072 and 2073 of the Business and Professions Code, the licensure requirements for professional personnel, including, but not limited to, physicians and surgeons, dentists, podiatrists, psychologists, marriage and family therapists, pharmacists, registered nurses, clinical social workers, and professional clinical counselors in the state and other governmental health facilities licensed by the department shall not be less than for those professional personnel in health facilities under private ownership.
(2)Persons employed as psychologists and clinical social workers, while continuing in their employment in the same class as of January 1, 1979, in the same state or other governmental health facility licensed by the department, including those persons on authorized leave, but not including intermittent personnel, shall be exempt from the requirements of paragraph (1).
(3)The requirements of paragraph (1) may be waived by the department solely for persons in the professions of psychology, marriage and family therapy, clinical social work, or professional clinical counseling who are gaining qualifying experience for licensure in such profession in this state. A waiver granted pursuant to this paragraph shall not exceed four years from commencement of the employment in this state, at which time licensure shall have been obtained or the employment shall be terminated, except that an extension of a waiver of licensure may be granted for one additional year, based on extenuating circumstances determined by the department pursuant to subdivision (e). For persons employed as psychologists, clinical social workers, marriage and family therapists, or professional clinical counselors less than full time, an extension of a waiver of licensure may be granted for additional years proportional to the extent of part-time employment, as long as the person is employed without interruption in service, but in no case shall the waiver of licensure exceed six years. years in the case of clinical social workers, marriage and family therapists, or professional clinical counselors, or five years in the case of psychologists.
(4)The durational limitation upon waivers pursuant to paragraph (3) shall not apply to any of the following:
(A)Active candidates for a doctoral degree in social work, social welfare, or social science, who are enrolled at an accredited university, college, or professional school, but these limitations shall apply following completion of this training.
(B)Active candidates for a doctoral degree in marriage and family therapy who are enrolled at a school, college, or university, specified in subdivision (b) of Section 4980.36 of, or subdivision (b) of Section 4980.37 of, the Business and Professions Code, but the limitations shall apply following completion of the training.
(C)Active candidates for a doctoral degree in professional clinical counseling who are enrolled at a school, college, or university, specified in subdivision (b) of Section 4999.32 of, or subdivision (b) of Section 4999.33 of, the Business and Professions Code, but the limitations shall apply following the completion of the training.
(5)A waiver pursuant to paragraph (3) shall be granted only to the extent necessary to qualify for licensure, except that personnel recruited for employment from outside this state and whose experience is sufficient to gain admission to a licensing examination shall nevertheless have one year from the date of their employment in California to become licensed, at which time licensure shall have been obtained or the employment shall be terminated, provided that the employee shall take the licensure examination at the earliest possible date after the date of his or her employment. If the employee does not pass the examination at that time, he or she shall have a second opportunity to pass the next possible examination, subject to the one-year limit.
(c)A special permit shall be issued by the department when it finds that the staff, both professional and nonprofessional, and the standards of care and services are adequate and appropriate, and that the special services unit is operated in the manner required in this chapter and by the rules and regulations adopted hereunder.
(d)The department shall apply the same standards to state and other governmental health facilities that it licenses as it applies to health facilities in private ownership, including standards specifying the level of training and supervision of all unlicensed practitioners. Except for psychologists, the department may grant an extension of a waiver of licensure for personnel recruited from outside this state for one additional year, based upon extenuating circumstances as determined by the department pursuant to subdivision (e).
(e)The department shall grant a request for an extension of a waiver based on extenuating circumstances, pursuant to subdivision (b) or (d), if any of the following circumstances exist:
(1)The person requesting the extension has experienced a recent catastrophic event that may impair the persons ability to qualify for and pass the license examination. Those events may include, but are not limited to, significant hardship caused by a natural disaster, serious and prolonged illness of the person, serious and prolonged illness or death of a child, spouse, or parent, or other stressful circumstances.
(2)The person requesting the extension has difficulty speaking or writing the English language, or other cultural and ethnic factors exist that substantially impair the persons ability to qualify for and pass the license examination.
(3)The person requesting the extension has experienced other personal hardship that the department, in its discretion, determines to warrant the extension.
SEC. 2.Section 5068.5 of the Penal Code is amended to read:5068.5.(a)Notwithstanding any other law, except as provided in subdivisions (b) and (c), any person employed or under contract to provide diagnostic, treatment, or other mental health services in the state or to supervise or provide consultation on these services in the state correctional system shall be a physician and surgeon, a psychologist, or other health professional, licensed to practice in this state.
(b)Notwithstanding Section 5068 or Section 704 of the Welfare and Institutions Code, the following persons are exempt from the requirements of subdivision (a), so long as they continue in employment in the same class and in the same department:
(1)Persons employed on January 1, 1985, as psychologists to provide diagnostic or treatment services, including those persons on authorized leave, but not including intermittent personnel.
(2)Persons employed on January 1, 1989, to supervise or provide consultation on the diagnostic or treatment services, including persons on authorized leave, but not including intermittent personnel.
(c)(1)The requirements of subdivision (a) may be waived by the secretary solely for persons in the professions of psychology or clinical social work who are gaining qualifying experience for licensure in those professions in this state. Providers working in a licensed health care facility operated by the department shall receive a waiver in accordance with Section 1277 of the Health and Safety Code.
(2)A waiver granted pursuant to this subdivision shall not exceed four years from commencement of the employment in this state, at which time licensure shall have been obtained or the employment shall be terminated, except that an extension of a waiver of licensure may be granted for one additional year, based on extenuating circumstances determined by the department pursuant to subdivision (d). For persons employed as psychologists or clinical social workers less than full time, an extension of a waiver of licensure may be granted for additional years proportional to the extent of part-time employment, as long as the person is employed without interruption in service, but in no case shall the waiver of licensure exceed six years. years in the case of clinical social workers or five years in the case of psychologists. However, this durational limitation upon waivers shall not apply to active candidates for a doctoral degree in social work, social welfare, or social science who are enrolled at an accredited university, college, or professional school, but these limitations shall apply following completion of that training.
(3)A waiver pursuant to this subdivision shall be granted only to the extent necessary to qualify for licensure, except that personnel recruited for employment from outside this state and whose experience is sufficient to gain admission to a licensure examination shall nevertheless have one year from the date of their employment in California to become licensed, at which time licensure shall have been obtained or the employment shall be terminated, provided that the employee shall take the licensure examination at the earliest possible date after the date of his or her employment, and if the employee does not pass the examination at that time, he or she shall have a second opportunity to pass the next possible examination, subject to the one-year limit.
(d)The department shall grant a request for an extension of a waiver of licensure pursuant to subdivision (c) based on extenuating circumstances if any of the following circumstances exist:
(1)The person requesting the extension has experienced a recent catastrophic event that may impair the persons ability to qualify for and pass the licensure examination. Those events may include, but are not limited to, significant hardship caused by a natural disaster; serious and prolonged illness of the person; serious and prolonged illness or death of a child, spouse, or parent; or other stressful circumstances.
(2)The person requesting the extension has difficulty speaking or writing the English language, or other cultural and ethnic factors exist that substantially impair the persons ability to qualify for and pass the license examination.
(3)The person requesting the extension has experienced other personal hardship that the department, in its discretion, determines to warrant the extension.
SEC. 3.Section 5751.2 of the Welfare and Institutions Code is amended to read:5751.2.(a)Except as provided in this section, persons employed or under contract to provide mental health services pursuant to this part shall be subject to all applicable requirements of law regarding professional licensure, and no person shall be employed in local mental health programs pursuant to this part to provide services for which a license is required, unless the person possesses a valid license.
(b)Persons employed as psychologists and clinical social workers, while continuing in their employment in the same class as of January 1, 1979, in the same program or facility, including those persons on authorized leave, but not including intermittent personnel, shall be exempt from the requirements of subdivision (a).
(c)While registered with the licensing board of jurisdiction for the purpose of acquiring the experience required for licensure, persons employed or under contract to provide mental health services pursuant to this part as clinical social workers, marriage and family therapists, or professional clinical counselors shall be exempt from subdivision (a). Registration shall be subject to regulations adopted by the appropriate licensing board.
(d)The requirements of subdivision (a) shall be waived by the State Department of Health Care Services for persons employed or under contract to provide mental health services pursuant to this part as psychologists who are gaining the experience required for licensure. A waiver granted under this subdivision shall not exceed five years from the date of employment by, or contract with, a local mental health program for persons in the profession of psychology.
(e)The requirements of subdivision (a) shall be waived by the State Department of Health Care Services for persons who have been recruited for employment from outside this state as psychologists, clinical social workers, marriage and family therapists, or professional clinical counselors and whose experience is sufficient to gain admission to a licensing examination. A waiver granted under this subdivision shall not exceed five years from the date of employment by, or contract with, a local mental health program for persons in these four professions who are recruited from outside this state.
SEC. 4.This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:
To allow specific types of mental health providers who are at risk of being unable to work without extended license waivers to continue to provide critical mental health services within this state, it is necessary for this act to take effect immediately.
(a)No license shall be issued by the department unless it finds that the premises, the management, the bylaws, rules and regulations, the equipment, the staffing, both professional and nonprofessional, and the standards of care and services are adequate and appropriate, and that the health facility is operated in the manner required by this chapter and by the rules and regulations adopted hereunder.
(b)(1)Notwithstanding any provision of Part 2 (commencing with Section 5600) of Division 5 of, or Division 7 (commencing with Section 7100) of, the Welfare and Institutions Code or any other law to the contrary, except Sections 2072 and 2073 of the Business and Professions Code, the licensure requirements for professional personnel, including, but not limited to, physicians and surgeons, dentists, podiatrists, psychologists, marriage and family therapists, pharmacists, registered nurses, clinical social workers, and professional clinical counselors in the state and other governmental health facilities licensed by the department shall not be less than for those professional personnel in health facilities under private ownership.
(2)Persons employed as psychologists and clinical social workers, while continuing in their employment in the same class as of January 1, 1979, in the same state or other governmental health facility licensed by the department, including those persons on authorized leave, but not including intermittent personnel, shall be exempt from the requirements of paragraph (1).
(3)The requirements of paragraph (1) may be waived by the department solely for persons in the professions of psychology, marriage and family therapy, clinical social work, or professional clinical counseling who are gaining qualifying experience for licensure in such profession in this state. A waiver granted pursuant to this paragraph shall not exceed four years from commencement of the employment in this state, at which time licensure shall have been obtained or the employment shall be terminated, except that an extension of a waiver of licensure may be granted for one additional year, based on extenuating circumstances determined by the department pursuant to subdivision (e). For persons employed as psychologists, clinical social workers, marriage and family therapists, or professional clinical counselors less than full time, an extension of a waiver of licensure may be granted for additional years proportional to the extent of part-time employment, as long as the person is employed without interruption in service, but in no case shall the waiver of licensure exceed six years.
(4)The durational limitation upon waivers pursuant to paragraph (3) shall not apply to any of the following:
(A)Active candidates for a doctoral degree in social work, social welfare, or social science, who are enrolled at an accredited university, college, or professional school, but these limitations shall apply following completion of this training.
(B)Active candidates for a doctoral degree in marriage and family therapy who are enrolled at a school, college, or university, specified in subdivision (b) of Section 4980.36 of, or subdivision (b) of Section 4980.37 of, the Business and Professions Code, but the limitations shall apply following completion of the training.
(C)Active candidates for a doctoral degree in professional clinical counseling who are enrolled at a school, college, or university, specified in subdivision (b) of Section 4999.32 of, or subdivision (b) of Section 4999.33 of, the Business and Professions Code, but the limitations shall apply following the completion of the training.
(5)A waiver pursuant to paragraph (3) shall be granted only to the extent necessary to qualify for licensure, except that personnel recruited for employment from outside this state and whose experience is sufficient to gain admission to a licensing examination shall nevertheless have one year from the date of their employment in California to become licensed, at which time licensure shall have been obtained or the employment shall be terminated, provided that the employee shall take the licensure examination at the earliest possible date after the date of his or her employment. If the employee does not pass the examination at that time, he or she shall have a second opportunity to pass the next possible examination, subject to the one-year limit.
(c)A special permit shall be issued by the department when it finds that the staff, both professional and nonprofessional, and the standards of care and services are adequate and appropriate, and that the special services unit is operated in the manner required in this chapter and by the rules and regulations adopted hereunder.
(d)The department shall apply the same standards to state and other governmental health facilities that it licenses as it applies to health facilities in private ownership, including standards specifying the level of training and supervision of all unlicensed practitioners. Except for psychologists, the department may grant an extension of a waiver of licensure for personnel recruited from outside this state for one additional year, based upon extenuating circumstances as determined by the department pursuant to subdivision (e).
(e)The department shall grant a request for an extension of a waiver based on extenuating circumstances, pursuant to subdivision (b) or (d), if any of the following circumstances exist:
(1)The person requesting the extension has experienced a recent catastrophic event that may impair the persons ability to qualify for and pass the license examination. Those events may include, but are not limited to, significant hardship caused by a natural disaster, serious and prolonged illness of the person, serious and prolonged illness or death of a child, spouse, or parent, or other stressful circumstances.
(2)The person requesting the extension has difficulty speaking or writing the English language, or other cultural and ethnic factors exist that substantially impair the persons ability to qualify for and pass the license examination.
(3)The person requesting the extension has experienced other personal hardship that the department, in its discretion, determines to warrant the extension.
SEC. 2.Section 5068.5 of the Penal Code is amended to read:5068.5.(a)Notwithstanding any other law, except as provided in subdivisions (b) and (c), any person employed or under contract to provide diagnostic, treatment, or other mental health services in the state or to supervise or provide consultation on these services in the state correctional system shall be a physician and surgeon, a psychologist, or other health professional, licensed to practice in this state.
(b)Notwithstanding Section 5068 or Section 704 of the Welfare and Institutions Code, the following persons are exempt from the requirements of subdivision (a), so long as they continue in employment in the same class and in the same department:
(1)Persons employed on January 1, 1985, as psychologists to provide diagnostic or treatment services services, including those persons on authorized leave leave, but not including intermittent personnel.
(2)Persons employed on January 1, 1989, to supervise or provide consultation on the diagnostic or treatment services services, including persons on authorized leave leave, but not including intermittent personnel.
(c)(1)The requirements of subdivision (a) may be waived by the secretary solely for persons in the professions of psychology or clinical social work who are gaining qualifying experience for licensure in those professions in this state. Providers working in a licensed health care facility operated by the department must shall receive a waiver in accordance with Section 1277 of the Health and Safety Code.
(2)A waiver granted pursuant to this subdivision shall not exceed three years from the date the employment commences in this state in the case of psychologists, or four years from commencement of the employment in this state in the case of clinical social workers, state, at which time licensure shall have been obtained or the employment shall be terminated, except that an extension of a waiver of licensure for clinical social workers may be granted for one additional year, based on extenuating circumstances determined by the department pursuant to subdivision (d). For persons employed as psychologists or clinical social workers less than full time, an extension of a waiver of licensure may be granted for additional years proportional to the extent of part-time employment, as long as the person is employed without interruption in service, but in no case shall the waiver of licensure exceed six years in the case of clinical social workers or five years in the case of psychologists. years. However, this durational limitation upon waivers shall not apply to active candidates for a doctoral degree in social work, social welfare, or social science who are enrolled at an accredited university, college, or professional school, but these limitations shall apply following completion of that training.
(3)A waiver pursuant to this subdivision shall be granted only to the extent necessary to qualify for licensure, except that personnel recruited for employment from outside this state and whose experience is sufficient to gain admission to a licensure examination shall nevertheless have one year from the date of their employment in California to become licensed, at which time licensure shall have been obtained or the employment shall be terminated, provided that the employee shall take the licensure examination at the earliest possible date after the date of his or her employment, and if the employee does not pass the examination at that time, he or she shall have a second opportunity to pass the next possible examination, subject to the one-year limit for clinical social workers, and subject to a two-year limit for psychologists. limit.
(d)The department shall grant a request for an extension of a waiver of licensure for a clinical social worker pursuant to subdivision (c) based on extenuating circumstances if any of the following circumstances exist:
(1)The person requesting the extension has experienced a recent catastrophic event that may impair the persons ability to qualify for and pass the licensure examination. Those events may include, but are not limited to, significant hardship caused by a natural disaster; serious and prolonged illness of the person; serious and prolonged illness or death of a child, spouse, or parent; or other stressful circumstances.
(2)The person requesting the extension has difficulty speaking or writing the English language, or other cultural and ethnic factors exist which that substantially impair the persons ability to qualify for and pass the license examination.
(3)The person requesting the extension has experienced other personal hardship that the department, in its discretion, determines to warrant the extension.
SEC. 2.SEC. 3.Section 5751.2 of the Welfare and Institutions Code is amended to read:5751.2.(a)Except as provided in this section, persons employed or under contract to provide mental health services pursuant to this part shall be subject to all applicable requirements of law regarding professional licensure, and no person shall be employed in local mental health programs pursuant to this part to provide services for which a license is required, unless the person possesses a valid license.
(b)Persons employed as psychologists and clinical social workers, while continuing in their employment in the same class as of January 1, 1979, in the same program or facility, including those persons on authorized leave, but not including intermittent personnel, shall be exempt from the requirements of subdivision (a).
(c)While registered with the licensing board of jurisdiction for the purpose of acquiring the experience required for licensure, persons employed or under contract to provide mental health services pursuant to this part as clinical social workers, marriage and family therapists, or professional clinical counselors shall be exempt from subdivision (a). Registration shall be subject to regulations adopted by the appropriate licensing board.
(d)The requirements of subdivision (a) shall be waived by the State Department of Health Care Services for persons employed or under contract to provide mental health services pursuant to this part as psychologists who are gaining the experience required for licensure. A waiver granted under this subdivision shall not exceed five years from the date of employment by, or contract with, a local mental health program for persons in the profession of psychology.
(e)The requirements of subdivision (a) shall be waived by the State Department of Health Care Services for persons who have been recruited for employment from outside this state as psychologists, clinical social workers, marriage and family therapists, or professional clinical counselors and whose experience is sufficient to gain admission to a licensing examination. A waiver granted under this subdivision shall not exceed five years from the date of employment by, or contract with, a local mental health program for persons in these four professions who are recruited from outside this state.
SEC. 3.SEC. 4.This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:
To allow specific types of mental health providers who are at risk of being unable to work without extended license waivers to continue to provide critical mental health services within this state, it is necessary for this act to take effect immediately.
(a)No license shall be issued by the department unless it finds that the premises, the management, the bylaws, rules and regulations, the equipment, the staffing, both professional and nonprofessional, and the standards of care and services are adequate and appropriate, and that the health facility is operated in the manner required by this chapter and by the rules and regulations adopted hereunder.
(b)(1)Notwithstanding any provision of Part 2 (commencing with Section 5600) of Division 5 of, or Division 7 (commencing with Section 7100) of, the Welfare and Institutions Code or any other law to the contrary, except Sections 2072 and 2073 of the Business and Professions Code, the licensure requirements for professional personnel, including, but not limited to, physicians and surgeons, dentists, podiatrists, psychologists, marriage and family therapists, pharmacists, registered nurses, clinical social workers, and professional clinical counselors in the state and other governmental health facilities licensed by the department shall not be less than for those professional personnel in health facilities under private ownership.
(2)Persons employed as psychologists and clinical social workers, while continuing in their employment in the same class as of January 1, 1979, in the same state or other governmental health facility licensed by the department, including those persons on authorized leave, but not including intermittent personnel, shall be exempt from the requirements of paragraph (1).
(3)The requirements of paragraph (1) may be waived by the department solely for persons in the professions of psychology, marriage and family therapy, clinical social work, or professional clinical counseling who are gaining qualifying experience for licensure in such profession in this state. A waiver granted pursuant to this paragraph shall not exceed five years from the date the employment commences in this state in the case of psychologists, or four years from commencement of the employment in this state in the case of marriage and family therapists, clinical social workers, and professional clinical counselors, state, at which time licensure shall have been obtained or the employment shall be terminated, except that an extension of a waiver of licensure for marriage and family therapists, clinical social workers, and professional clinical counselors may be granted for one additional year, based on extenuating circumstances determined by the department pursuant to subdivision (e). For persons employed as psychologists, clinical social workers, marriage and family therapists, or professional clinical counselors less than full time, an extension of a waiver of licensure may be granted for additional years proportional to the extent of part-time employment, as long as the person is employed without interruption in service, but in no case shall the waiver of licensure exceed six years in the case of clinical social workers, marriage and family therapists, or professional clinical counselors, or five years in the case of psychologists. years.
(4)The durational limitation upon waivers pursuant to paragraph (3) shall not apply to any of the following:
(A)Active candidates for a doctoral degree in social work, social welfare, or social science, who are enrolled at an accredited university, college, or professional school, but these limitations shall apply following completion of this training.
(B)Active candidates for a doctoral degree in marriage and family therapy who are enrolled at a school, college, or university, specified in subdivision (b) of Section 4980.36 of, or subdivision (b) of Section 4980.37 of, the Business and Professions Code, but the limitations shall apply following completion of the training.
(C)Active candidates for a doctoral degree in professional clinical counseling who are enrolled at a school, college, or university, specified in subdivision (b) of Section 4999.32 of, or subdivision (b) of Section 4999.33 of, the Business and Professions Code, but the limitations shall apply following the completion of the training.
(5)A waiver pursuant to paragraph (3) shall be granted only to the extent necessary to qualify for licensure, except that personnel recruited for employment from outside this state and whose experience is sufficient to gain admission to a licensing examination shall nevertheless have one year from the date of their employment in California to become licensed, at which time licensure shall have been obtained or the employment shall be terminated, provided that the employee shall take the licensure examination at the earliest possible date after the date of his or her employment. If the employee does not pass the examination at that time, he or she shall have a second opportunity to pass the next possible examination, subject to the one-year limit for marriage and family therapists, clinical social workers, and professional clinical counselors, and subject to a two-year limit for psychologists. limit.
(c)A special permit shall be issued by the department when it finds that the staff, both professional and nonprofessional, and the standards of care and services are adequate and appropriate, and that the special services unit is operated in the manner required in this chapter and by the rules and regulations adopted hereunder.
(d)The department shall apply the same standards to state and other governmental health facilities that it licenses as it applies to health facilities in private ownership, including standards specifying the level of training and supervision of all unlicensed practitioners. Except for psychologists, the department may grant an extension of a waiver of licensure for personnel recruited from outside this state for one additional year, based upon extenuating circumstances as determined by the department pursuant to subdivision (e).
(e)The department shall grant a request for an extension of a waiver based on extenuating circumstances, pursuant to subdivision (b) or (d), if any of the following circumstances exist:
(1)The person requesting the extension has experienced a recent catastrophic event that may impair the persons ability to qualify for and pass the license examination. Those events may include, but are not limited to, significant hardship caused by a natural disaster, serious and prolonged illness of the person, serious and prolonged illness or death of a child, spouse, or parent, or other stressful circumstances.
(2)The person requesting the extension has difficulty speaking or writing the English language, or other cultural and ethnic factors exist that substantially impair the persons ability to qualify for and pass the license examination.
(3)The person requesting the extension has experienced other personal hardship that the department, in its discretion, determines to warrant the extension.
SEC. 2.Section 5751.2 of the Welfare and Institutions Code is amended to read:5751.2.(a)Except as provided in this section, persons employed or under contract to provide mental health services pursuant to this part shall be subject to all applicable requirements of law regarding professional licensure, and no person shall be employed in local mental health programs pursuant to this part to provide services for which a license is required, unless the person possesses a valid license.
(b)Persons employed as psychologists and clinical social workers, while continuing in their employment in the same class as of January 1, 1979, in the same program or facility, including those persons on authorized leave, but not including intermittent personnel, shall be exempt from the requirements of subdivision (a).
(c)While registered with the licensing board of jurisdiction for the purpose of acquiring the experience required for licensure, persons employed or under contract to provide mental health services pursuant to this part as clinical social workers, marriage and family therapists, or professional clinical counselors shall be exempt from subdivision (a). Registration shall be subject to regulations adopted by the appropriate licensing board.
(d)The requirements of subdivision (a) shall be waived by the State Department of Health Care Services for persons employed or under contract to provide mental health services pursuant to this part as psychologists who are gaining the experience required for licensure. A waiver granted under this subdivision shall not exceed five years from the date of employment by, or contract with, a local mental health program for persons in the profession of psychology.
(e)The requirements of subdivision (a) shall be waived by the State Department of Health Care Services for persons who have been recruited for employment from outside this state as psychologists, clinical social workers, marriage and family therapists, or professional clinical counselors and whose experience is sufficient to gain admission to a licensing examination. A waiver granted under this subdivision shall not exceed five years from the date of employment by, or contract with, a local mental health program for persons in these four professions who are recruited from outside this state.
SEC. 3.This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:
To allow specific types of mental health providers who are at risk of being unable to work without extended license waivers to continue to provide critical mental health services within this state, it is necessary for this act to take effect immediately.
(a)No license shall be issued by the state department unless it finds that the premises, the management, the bylaws, rules and regulations, the equipment, the staffing, both professional and nonprofessional, and the standards of care and services are adequate and appropriate, and that the health facility is operated in the manner required by this chapter and by the rules and regulations adopted hereunder.
(b)(1)Notwithstanding any provision of Part 2 (commencing with Section 5600) of Division 5 of, or Division 7 (commencing with Section 7100) of, the Welfare and Institutions Code or any other law to the contrary, except Sections 2072 and 2073 of the Business and Professions Code, the licensure requirements for professional personnel, including, but not limited to, physicians and surgeons, dentists, podiatrists, psychologists, marriage and family therapists, pharmacists, registered nurses, clinical social workers, and professional clinical counselors in the state and other governmental health facilities licensed by the state department shall not be less than for those professional personnel in health facilities under private ownership.
(2)Persons employed as psychologists and clinical social workers, while continuing in their employment in the same class as of January 1, 1979, in the same state or other governmental health facility licensed by the state department, including those persons on authorized leave, but not including intermittent personnel, shall be exempt from the requirements of paragraph (1).
(3)The requirements of paragraph (1) may be waived by the state department solely for persons in the professions of psychology, marriage and family therapy, clinical social work, or professional clinical counseling who are gaining qualifying experience for licensure in such profession in this state. A waiver granted pursuant to this paragraph shall not exceed three five years from the date the employment commences in this state in the case of psychologists, or four years from commencement of the employment in this state in the case of marriage and family therapists, clinical social workers, and professional clinical counselors, at which time licensure shall have been obtained or the employment shall be terminated, except that an extension of a waiver of licensure for marriage and family therapists, clinical social workers, and professional clinical counselors may be granted for one additional year, based on extenuating circumstances determined by the state department pursuant to subdivision (e). For persons employed as psychologists, clinical social workers, marriage and family therapists, or professional clinical counselors less than full time, an extension of a waiver of licensure may be granted for additional years proportional to the extent of part-time employment, as long as the person is employed without interruption in service, but in no case shall the waiver of licensure exceed six years in the case of clinical social workers, marriage and family therapists, or professional clinical counselors, or five years in the case of psychologists.
(4)The durational limitation upon waivers pursuant to paragraph (3) shall not apply to any of the following:
(A)Active candidates for a doctoral degree in social work, social welfare, or social science, who are enrolled at an accredited university, college, or professional school, but these limitations shall apply following completion of this training.
(B)Active candidates for a doctoral degree in marriage and family therapy who are enrolled at a school, college, or university, specified in subdivision (b) of Section 4980.36 of, or subdivision (b) of Section 4980.37 of, the Business and Professions Code, but the limitations shall apply following completion of the training.
(C)Active candidates for a doctoral degree in professional clinical counseling who are enrolled at a school, college, or university, specified in subdivision (b) of Section 4999.32 of, or subdivision (b) of Section 4999.33 of, the Business and Professions Code, but the limitations shall apply following the completion of the training.
(5)A waiver pursuant to paragraph (3) shall be granted only to the extent necessary to qualify for licensure, except that personnel recruited for employment from outside this state and whose experience is sufficient to gain admission to a licensing examination shall nevertheless have one year from the date of their employment in California to become licensed, at which time licensure shall have been obtained or the employment shall be terminated, provided that the employee shall take the licensure examination at the earliest possible date after the date of his or her employment, and if employment. If the employee does not pass the examination at that time, he or she shall have a second opportunity to pass the next possible examination, subject to the one-year limit for marriage and family therapists, clinical social workers, and professional clinical counselors, and subject to a two-year limit for psychologists.
(c)A special permit shall be issued by the state department when it finds that the staff, both professional and nonprofessional, and the standards of care and services are adequate and appropriate, and that the special services unit is operated in the manner required in this chapter and by the rules and regulations adopted hereunder.
(d)The state department shall apply the same standards to state and other governmental health facilities that it licenses as it applies to health facilities in private ownership, including standards specifying the level of training and supervision of all unlicensed practitioners. Except for psychologists, the department may grant an extension of a waiver of licensure for personnel recruited from outside this state for one additional year, based upon extenuating circumstances as determined by the department pursuant to subdivision (e).
(e)The department shall grant a request for an extension of a waiver based on extenuating circumstances, pursuant to subdivision (b) or (d), if any of the following circumstances exist:
(1)The person requesting the extension has experienced a recent catastrophic event which that may impair the persons ability to qualify for and pass the license examination. Those events may include, but are not limited to, significant hardship caused by a natural disaster, serious and prolonged illness of the person, serious and prolonged illness or death of a child, spouse, or parent, or other stressful circumstances.
(2)The person requesting the extension has difficulty speaking or writing the English language, or other cultural and ethnic factors exist which that substantially impair the persons ability to qualify for and pass the license examination.
(3)The person requesting the extension has experienced other personal hardship which that the department, in its discretion, determines to warrant the extension.
SEC. 2.Section 5751.2 of the Welfare and Institutions Code is amended to read:5751.2.(a)Except as provided in this section, persons employed or under contract to provide mental health services pursuant to this part shall be subject to all applicable requirements of law regarding professional licensure, and no person shall be employed in local mental health programs pursuant to this part to provide services for which a license is required, unless the person possesses a valid license.
(b)Persons employed as psychologists and clinical social workers, while continuing in their employment in the same class as of January 1, 1979, in the same program or facility, including those persons on authorized leave, but not including intermittent personnel, shall be exempt from the requirements of subdivision (a).
(c)While registered with the licensing board of jurisdiction for the purpose of acquiring the experience required for licensure, persons employed or under contract to provide mental health services pursuant to this part as clinical social workers, marriage and family therapists, or professional clinical counselors shall be exempt from subdivision (a). Registration shall be subject to regulations adopted by the appropriate licensing board.
(d)The requirements of subdivision (a) shall be waived by the State Department of Health Care Services for persons employed or under contract to provide mental health services pursuant to this part as psychologists who are gaining the experience required for licensure. A waiver granted under this subdivision may shall not exceed five years from the date of employment by, or contract with, a local mental health program for persons in the profession of psychology.
(e)The requirements of subdivision (a) shall be waived by the State Department of Health Care Services for persons who have been recruited for employment from outside this state as psychologists, clinical social workers, marriage and family therapists, or professional clinical counselors and whose experience is sufficient to gain admission to a licensing examination. A waiver granted under this subdivision may shall not exceed three five years from the date of employment by, or contract with, a local mental health program for persons in these four professions who are recruited from outside this state.
|
Date
|
Status
|
|---|---|
| Jul 31, 2017 | Chaptered by Secretary of State - Chapter 151, Statutes of 2017. |
| Jul 31, 2017 | Approved by the Governor. |
| Jul 21, 2017 | Enrolled and presented to the Governor at 4 p.m. |
| Jul 17, 2017 | Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 76. Noes 0. Page 2566.). |
| Jul 11, 2017 | In Assembly. Concurrence in Senate amendments pending. May be considered on or after July 13 pursuant to Assembly Rule 77. |
| Jul 10, 2017 | Read third time. Urgency clause adopted. Passed. Ordered to the Assembly. (Ayes 40. Noes 0. Page 1932.). |
| Jul 3, 2017 | Read second time. Ordered to Consent Calendar. |
| Jun 29, 2017 | From committee: Be placed on second reading file pursuant to Senate Rule 28.8 and ordered to consent calendar. |
| Jun 29, 2017 | From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 7. Noes 0.) (June 28). Re-referred to Com. on APPR. |
| Jun 19, 2017 | From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on HEALTH. |
| Jun 5, 2017 | From committee chair, with author's amendments: Amend, and re-refer to Com. on HEALTH. Read second time and amended. |
| May 18, 2017 | Referred to Com. on HEALTH. |
| May 4, 2017 | In Senate. Read first time. To Com. on RLS. for assignment. |
| May 4, 2017 | Read third time. Urgency clause adopted. Passed. Ordered to the Senate. (Ayes 74. Noes 0. Page 1378.). |
| May 1, 2017 | Read third time and amended. Ordered to third reading. (Page 1308.) |
| Apr 27, 2017 | From Consent Calendar by request of Assembly Member Low. To Third Reading. |
| Apr 25, 2017 | Read second time. Ordered to Consent Calendar. |
| Apr 24, 2017 | Read second time and amended. Ordered returned to second reading. |
| Apr 20, 2017 | From committee: Amend, and do pass as amended. To Consent Calendar. (Ayes 15. Noes 0.) (April 18). |
| Mar 13, 2017 | Referred to Com. on HEALTH. |
| Feb 19, 2017 | From printer. May be heard in committee March 21. |
| Feb 17, 2017 | Read first time. To print. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Jul 17, 2017 | AB 1456 LOW Concurrence in Senate Amendments | Assembly Floor |
Passed |
|
| Jul 10, 2017 | Consent Calendar 2nd AB1456 Low Urgency Clause | Senate Floor |
Passed |
|
| Jun 28, 2017 | Do pass, but first be re-referred to the Committee on [Appropriations] with the recommendation: To Consent Calendar | Senate Standing Committee on Health |
Passed |
|
| May 4, 2017 | AB 1456 LOW Third Reading Urgency | Assembly Floor |
Passed |
|
| Apr 18, 2017 | Do pass as amended, and be re-referred to the Committee on [Appropriations] with recommendation: To Consent Calendar | Assembly Standing Committee on Health |
Passed |
|
| Apr 18, 2017 | Do pass as amended. To Consent Calendar. | Assembly Standing Committee on Health |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| American Federation of State, County and Municipal Employees | ** Support | Jul 5, 2017 |
| american federation of state, county, and municipal employees, | ** Support | Jul 5, 2017 |
| Association of California Healthcare Districts | ** Support | Jul 5, 2017 |
| California Psychological Association | ** Support | Jul 5, 2017 |
| Local 2620 | ** Support | Jul 5, 2017 |
| santa clara county psychological association | ** Support | Jul 5, 2017 |
CONCURRENCE IN SENATE AMENDMENTS
CSA1 Bill Id:AB 1456
Author:(Low)
As Amended Ver:June 19, 2017
2/3 vote. Urgency
ASSEMBLY: | 74-0 | (May 4, 2017) | SENATE: | 40-0 | (July 10, 2017) |
Original Committee Reference: HEALTH
SUMMARY: Extends from three years to five years the ability of the Department of Health Care Services (DHCS) and the Department of Public Health to waive the licensure requirements for psychologists who are gaining qualifying experience for licensure in this state and are working in settings defined as "exempt" (state settings) and makes conforming licensure provisions for psychologists and clinical social workers working in the state correctional system.
The Senate amendments require DHCS to adopt regulations for the implementation of this bill by December 31, 2020; permit DHCS to implement, interpret, or make specific provisions of this bill through information notices, plan or provider bulletins, or similar instructions until regulations are adopted; and, make other technical and clarifying changes.
FISCAL EFFECT: According to the Senate Appropriations Committee, pursuant to Senate Rule 28.8, negligible state costs.
COMMENTS: According to the author, this bill brings conformity to the law governing licensure for psychologists by extending the timeline to obtain a license from three years to five years. The author states that other mental health professionals in the state, including Marriage and Family Therapists (MFTs), Licensed Professional Clinical Counselors (LPCCs), and Licensed Clinical Social Workers (LCSWs), have four to five years to obtain their license. This bill eliminates the differing timelines to obtain licensure and brings uniformity in the code for our state psychologists.
- Psychologists. Licensed psychologists may practice independently in any private or public setting using psychological methods to diagnose, treat, prevent, and ameliorate emotional and mental disorders of individuals and groups. There are currently 20,000 licensed psychologists in California. Licensed psychologists practicing in private practice must hold a license issued by the Board of Psychology (BOP).
- Licensure requirements. Licensed psychologists are required to obtain a doctoral degree from an accredited institution in psychology, educational psychology, or in a field specializing in counseling psychology or educational psychology. Psychologists are required to complete 3000 hours (minimum two-years) of supervised experience, of which 1500 must be completed after obtaining a doctoral degree. Registered psychologists are required to register with the BOP and are authorized to engage in psychological activities at nonprofit community agencies that receive a minimum of 25% of their funding from some government source. Registered psychologists may not engage in psychology practice outside of the nonprofit community agency where they are registered and may or may not be fully licensed. There are approximately 321 registered psychologists employed at nonprofit community agencies.
Many post-doctoral psychologists gain supervision experience requirements while employed at schools, colleges or universities, and government entities, which provide opportunities to gain the required supervisory hours needed for licensure. However, these employment settings are considered exempt from licensure by the BOP.
- Exempt settings. Under current law there are certain types of organizations which are referred to as "exempt settings," where employees are not required to have a license or a registration in order to perform activities of a psychological nature as long as those individuals are providing the services within the scope of their employment. Exempt settings include places such as an educational institution (approved or accredited), a school district, or a governmental entity. For instance, psychologists are exempt for three years and MFTs, LCSWs, and LPCCs are exempt for four years with an authority to extend by one year under extenuating circumstances for a total of five years. This bill permits individuals working in public health facilities and the Department of State Hospitals to also be exempt from licensure for up to five years.
Most individuals working in an exempt setting have completed their doctoral program and are in the process of acquiring the required 1500 hours of supervised experience necessary for licensure and have up to five years to be employed without a license while working to meet the requirements of licensure.
The American Federation of State, County and Municipal Employees (AFSCME), sponsor of the bill, states that under current law, psychologist licensing falls upon four different code sections depending upon where they work. This bill would create a uniform timeline to ensure that state psychologists can obtain their licensing in an appropriate time manner. AFSCME also states that this bill provides greater flexibility and support for state psychologists in order to balance their licensing requirements and their personal obligations. Other mental health professionals working in the state have four to five years to obtain their licenses; as such, it is only fair to allow state psychologists to receive their licenses within five years and ensure this indispensable workforce continues to flourish.
The California Psychological Association (CPA) states that this bill brings conformity to the law governing licensure for psychologists by extending the timeline to obtain a license from three years to five years in certain state settings. This bill adds institutions regulated by the penal code to the five-year waiver in other "exempt settings." Currently, after earning a doctoral degree, but before becoming licensed, aspiring psychologists must earn at least 1,500 hours of supervised hours before being allowed to sit for the licensing examinations. The three-year timeline has proven problematic for some and does not mirror requirements for other similar state agencies. CPA previously supported AB 705 (Eggman), Chapter 218, Statutes of 2015, which allowed for pre-licensed psychologists who were working in the state five years to obtain their licensure. This bill simply brings these work settings parallel to other state agencies. There is no known opposition on file.
Analysis Prepared by: Paula Villescaz / HEALTH / (916) 319-2097 FN: 0001120
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | AB |
CONSENT
Bill No: AB 1456
:
SENATE HEALTH COMMITTEE: 7-0, 6/28/17
AYES: Hernandez, Nguyen, Atkins, Leyva, Newman, Nielsen, Roth
NO VOTE RECORDED: Mitchell, Monning
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
ASSEMBLY FLOOR: 74-0, 5/4/17 - See last page for vote
SOURCE: American Federation of State, County, and Municipal Employees
American Federation of State, County, and Municipal Employees, Local 2620
DIGEST:
This bill extends the ability for persons to practice psychology without a license in government-related settings, while obtaining required supervised experience, from three to five years, thereby conforming the license waiver provisions to the five year limitation for other mental health professionals such as clinical social workers and marriage and family therapists.
Existing law:
- Licenses and regulates psychologists through the Board of Psychology, and licenses and regulates marriage and family therapists (MFTs), licensed clinical social workers, and licensed professional clinical counselors through the Board of Behavioral Sciences (collectively, BBS health professionals). Prohibits persons from engaging in the practice of psychology or BBS health professions, or representing themselves as a psychologist or a BBS health professional, without a license, except as specified.
- Requires applicants for licensure as a psychologist to have completed a doctorate degree in psychology, and to have engaged in two years of supervised professional experience under the direction of a licensed psychologist, at least one year of which must be after receiving the doctorate degree.
- Permits, within the Business and Professions Code, persons to practice psychology without a license if they are salaried employees of academic institutions, public schools, or governmental agencies (known as exempt settings), if those employees are performing services solely within the jurisdiction of those organizations, do not hold themselves out to the public as a psychologist, are primarily gaining the supervised professional experience required for licensure, and have a licensed psychologist as their primary supervisor. Individuals employed in these exempt settings, commencing January 1, 2016, are exempt from licensure for a cumulative total of five years.
- Requires, in the Health and Safety Code, the Penal Code, and the Welfare and Institutions Code, with certain exceptions, professional health care personnel in state and other governmental health facilities, in correctional facilities, and in county mental health organizations, to meet all required licensure requirements.
- Permits the requirements in 4) above to be waived by the Department of Public Health (DPH) for persons in the professions of psychology or BBS health professions, working in state health facilities, who are gaining qualifying experience for licensure in this state. Limits the length of a waiver issued pursuant to this provision of law to a maximum of three years from the date employment commences in the case of psychologists, or four years in the case of BBS professionals plus an additional one year for extenuating circumstances, for a total of five years for BBS professionals.
- Permits the requirements in 4) above to be waived by the Department of Corrections and Rehabilitation for persons working in correctional facilities in the professions of psychology or clinical social work. Limits the length of a waiver in the case of psychologists to three years, and up to 5 years for clinical social workers.
- Permits the requirements in 4) above to be waived by the Department of Health Care Services (DHCS) for persons employed as psychologists to provide mental health services for purposes of county community mental health services for up to five years, and in the case of psychologists and BBS professionals recruited from out of state, for up to three years.
This bill:
- Extends the maximum waiver period for psychologists working without a license in state health facilities from three to five years, conforming to the waiver provisions that apply to BBS professionals.
- Extends the maximum waiver period for psychologists working without a license in state correctional facilities from three to five years, conforming to the waiver provisions that apply to clinical social workers in these facilities.
- Extends the maximum waiver period for psychologists and BBS professionals without a license who are providing services in community mental health programs and who have been recruited from out-of-state from three to five years.
- Permits DHCS to implement, interpret, or make specific the provisions of this bill applying to DHCS by means of provider bulletins or similar instructions until regulations are adopted, and requires regulations to be adopted by December 31, 2020.
- Adds county mental health plans, which provide mental health services under Medi-Cal, to the provisions of law providing for waivers from licensing requirements for psychologists and BBS professionals.
- Makes other technical and conforming changes to bring consistency to license waiver provisions across the mental health professions.
- Includes an urgency clause to make the provisions of this bill take effect immediately upon enactment in order to allow mental health workers who are at risk of being unable to work without extended license waivers to continue to provide critical mental health services within California.
Background
In order to sit for the exam to become a licensed psychologist, applicants must have completed 3,000 hours (two years) of supervised experience, of which 1,500 hours must be completed after obtaining a doctoral degree in psychology. Outside of “exempt settings,” persons obtaining the required experience for licensure generally register with the Board of Pharmacy as “psychological assistants,” and must be under immediate supervision of a licensed psychologist or a licensed psychiatrist at all times. However, unlicensed persons are permitted to practice psychology in certain settings and under certain requirements, for a limited period of time. Nonprofit community agencies that receive a minimum of 25% of their financial support from federal, state, county, or municipal government are permitted to employ unlicensed persons who have a doctoral degree in psychology and have at least one year of the required supervised experience for up to 30 months, as long as they are registered with the Board of Pharmacy as a “registered psychologist.” In addition to this limited exemption, there is a broader exemption for persons employed by accredited academic institutions, public schools, and governmental agencies (“exempt settings”), which allows persons in these settings to practice psychology while gaining experience required for licensure. In 2015, AB 705 (Eggman, Chapter 218, Statutes of 2015) was enacted to tighten up this provision of law by placing a maximum time limit of five years on the exemption, and to clarify that the person’s primary supervisor is a licensed psychologist. However, outside of the Business and Professions Code, there are various provisions of law permitting psychologists and other mental health professionals to practice mental health professions in certain government-related settings while obtaining the required experience necessary for licensure. For psychologists, the limit is generally three years. This bill is conforming those provisions of law to the recently amended Business and Professions Code limitation of five years.
Comments
- Author’s statement. According to the author, this bill brings conformity to the law governing licensure for state psychologists by extending the timeline to obtain a license from three years to five years. Other mental health professionals in the state, including MFTs, Professional Clinical Counselors and Licensed Clinical Social Workers, have four to five years to obtain their license. AB 1456 eliminates the differing timelines to obtain licensure and brings uniformity in the code for our state psychologists.
- Adding county mental health plans consistent with past law. The most recent amendments to this bill, which add mental health professionals working in mental health plans funded by Medi-Cal to the license waiver provisions, reflect technical amendments requested by DHCS. According to DHCS, these mental health plans were historically part of the same body of law (the Bronzan-McCorquodale Act) as community mental health programs, which currently have the waiver provisions. However, the codes were reorganized in 2012, and mental health plans are now in another part of the code. Therefore, the amendments adding back in mental health plans is not a new addition to the license waiver settings, and is consistent with the intent of existing law.
Related/Prior Legislation
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.
FISCAL EFFECT: Appropriation: Fiscal Com.: Local:
American Federation of State, County and Municipal Employees (co-source)
American Federation of State, County, and Municipal Employees,
Local 2620 (co-source)
Association of California Healthcare Districts
California Psychological Association
Santa Clara County Psychological Association
None received
ARGUMENTS IN SUPPORT: This bill is co-sponsored by the American Federation of State, County and Municipal Employees (AFSCME) and AFSCME Local 2620, which state that under current law, psychologist licensing falls upon four different code sections depending upon where they work. This bill would create a uniform timeline to ensure that state psychologists can obtain their license in an appropriate time manner. AFSCME also states that this bill provides greater flexibility and support for state psychologists in order to balance their licensing requirements and their personal obligations. Other mental health professionals working in the state have four to five years to obtain their licenses; as such, it is only fair to allow state psychologists to receive their licenses within five years and ensure this indispensable workforce continues to flourish.
The Association of California Healthcare Districts (ACHD) states in support that, of the 79 healthcare districts, 54 service the state’s rural areas, and there is a shortage of mental health professionals in rural areas. ACHD supports extending, from three to five years, the waiver for psychologists who have been recruited from out of state. The California Psychological Association states in support that this bill brings conformity to the law governing licensure for psychologists by extending the timeline to obtain a license from three to five years in certain state settings. According to the California Psychological Association, the three-year timeline to earn supervised hours has proven problematic for some.
ASSEMBLY FLOOR: 74-0, 5/4/17
AYES: Acosta, Aguiar-Curry, Arambula, Baker, Berman, Bloom, Bocanegra, Bonta, Brough, Burke, Caballero, Calderon, Cervantes, Chau, Chávez, Chen, Chiu, Choi, Chu, Cooley, Cooper, Cunningham, Dababneh, Dahle, Daly, Flora, Fong, Frazier, Friedman, Gallagher, Eduardo Garcia, Gipson, Gloria, Gomez, Gonzalez Fletcher, Gray, Grayson, Harper, Holden, Irwin, Jones-Sawyer, Kalra, Kiley, Lackey, Levine, Limón, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Muratsuchi, Nazarian, Obernolte, O'Donnell, Quirk, Quirk-Silva, Reyes, Rodriguez, Rubio, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Voepel, Waldron, Weber, Wood, Rendon
NO VOTE RECORDED: Travis Allen, Bigelow, Eggman, Cristina Garcia, Patterson, Ridley-Thomas
7/5/17 16:31:23
**** END ****
SENATE COMMITTEE ON HEALTH
Senator Ed Hernandez, O.D., Chair
BILL NO: AB 1456
AUTHOR: | Low | ||
VERSION: | June 19, 2017 | ||
HEARING DATE: | June 28, 2017 | ||
CONSULTANT: | Vince D. Marchand | ||
SUBJECT: Professional licensure
SUMMARY:
Extends the ability for persons to practice psychology without a license in government-related settings, while obtaining required supervised experience, from three to five years, thereby conforming the license waiver provisions to the five year limitation for other mental health professionals such as clinical social workers and marriage and family therapists.
Existing law:
- Licenses and regulates psychologists through the Board of Psychology, and licenses and regulates marriage and family therapists (MFTs), licensed clinical social workers, and licensed professional clinical counselors through the Board of Behavioral Sciences (collectively, BBS health professionals). Prohibits persons from engaging in the practice of psychology or BBS health professions, or representing themselves as a psychologist or a BBS health professional, without a license, except as specified.
- Requires applicants for licensure as a psychologist to have completed a doctorate degree in psychology, and to have engaged in two years of supervised professional experience under the direction of a licensed psychologist, at least one year of which must be after receiving the doctorate degree.
- Permits, within the Business and Professions Code, persons to practice psychology without a license if they are salaried employees of academic institutions, public schools, or governmental agencies (known as exempt settings), if those employees are performing services solely within the jurisdiction of those organizations, do not hold themselves out to the public as a psychologist, are primarily gaining the supervised professional experience required for licensure, and have a licensed psychologist as their primary supervisor. Individuals employed in these exempt settings, commencing January 1, 2016, are exempt from licensure for a cumulative total of five years.
- Requires, in the Health and Safety Code, the Penal Code, and the Welfare and Institutions Code, with certain exceptions, professional health care personnel in state and other governmental health facilities, in correctional facilities, and in county mental health organizations, to meet all required licensure requirements.
- Permits the requirements in 4) above to be waived by the Department of Public Health (DPH) for persons in the professions of psychology or BBS health professions, working in state health facilities, who are gaining qualifying experience for licensure in this state. Limits the length of a waiver issued pursuant to this provision of law to a maximum of three years from the date employment commences in the case of psychologists, or four years in the case of BBS professionals plus an additional one year for extenuating circumstances, for a total of five years for BBS professionals.
- Permits the requirements in 4) above to be waived by the Department of Corrections and Rehabilitation for persons working in correctional facilities in the professions of psychology or clinical social work. Limits the length of a waiver in the case of psychologists to three years, and up to 5 years for clinical social workers.
- Permits the requirements in 4) above to be waived by the Department of Health Care Services (DHCS) for persons employed as psychologists to provide mental health services for purposes of county community mental health services for up to five years, and in the case of psychologists and BBS professionals recruited from out of state, for up to three years.
This bill:
- Extends the maximum waiver period for psychologists working without a license in state health facilities from three to five years, conforming to the waiver provisions that apply to BBS professionals.
- Extends the maximum waiver period for psychologists working without a license in state correctional facilities from three to five years, conforming to the waiver provisions that apply to clinical social workers in these facilities.
- Extends the maximum waiver period for psychologists and BBS professionals without a license who are providing services in community mental health programs and who have been recruited from out-of-state from three to five years.
- Permits DHCS to implement, interpret, or make specific the provisions of this bill applying to DHCS by means of provider bulletins or similar instructions until regulations are adopted, and requires regulations to be adopted by December 31, 2020.
- Adds county mental health plans, which provide mental health services under Medi-Cal, to the provisions of law providing for waivers from licensing requirements for psychologists and BBS professionals.
- Makes other technical and conforming changes to bring consistency to license waiver provisions across the mental health professions.
- Includes an urgency clause to make the provisions of this bill take effect immediately upon enactment in order to allow mental health workers who are at risk of being unable to work without extended license waivers to continue to provide critical mental health services within California.
FISCAL EFFECT:
This bill has not been analyzed by a fiscal committee.
PRIOR VOTES:
Assembly Floor: | 74 - 0 |
Assembly Health Committee: | 15 - 0 |
COMMENTS:
- Author’s statement. According to the author, this bill brings conformity to the law governing licensure for state psychologists by extending the timeline to obtain a license from three years to five years. Other mental health professionals in the state, including MFTs, Professional Clinical Counselors and Licensed Clinical Social Workers, have four to five years to obtain their license. AB 1456 eliminates the differing timelines to obtain licensure and brings uniformity in the code for our state psychologists.
- Background. In order to sit for the exam to become a licensed psychologist, applicants must have completed 3,000 hours (two years) of supervised experience, of which 1,500 hours must be completed after obtaining a doctoral degree in psychology. Outside of “exempt settings,” persons obtaining the required experience for licensure generally register with the Board of Pharmacy as “psychological assistants,” and must be under immediate supervision of a licensed psychologist or a licensed psychiatrist at all times. However, unlicensed persons are permitted to practice psychology in certain settings and under certain requirements, for a limited period of time. Nonprofit community agencies that receive a minimum of 25% of their financial support from federal, state, county, or municipal government are permitted to employ unlicensed persons who have a doctoral degree in psychology and have at least one year of the required supervised experience for up to 30 months, as long as they are registered with the Board of Pharmacy as a “registered psychologist.” In addition to this limited exemption, there is a broader exemption for persons employed by accredited academic institutions, public schools, and governmental agencies (“exempt settings”), which allows persons in these settings to practice psychology while gaining experience required for licensure. In 2015, AB 705 (Eggman, Chapter 218, Statutes of 2015) was enacted to tighten up this provision of law by placing a maximum time limit of five years on the exemption, and to clarify that the person’s primary supervisor is a licensed psychologist. However, outside of the Business and Professions Code, there are various provisions of law permitting psychologists and other mental health professionals to practice mental health professions in certain government-related settings while obtaining the required experience necessary for licensure. For psychologists, the limit is generally three years. This bill is conforming those provisions of law to the recently amended Business and Professions Code limitation of five years.
- Prior legislation. 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.
- Support. This bill is co-sponsored by the American Federation of State, County and Municipal Employees (AFSCME) and AFSCME Local 2620, which state that under current law, psychologist licensing falls upon four different code sections depending upon where they work. This bill would create a uniform timeline to ensure that state psychologists can obtain their license in an appropriate time manner. AFSCME also states that this bill provides greater flexibility and support for state psychologists in order to balance their licensing requirements and their personal obligations. Other mental health professionals working in the state have four to five years to obtain their licenses; as such, it is only fair to allow state psychologists to receive their licenses within five years and ensure this indispensable workforce continues to flourish.
The Association of California Healthcare Districts (ACHD) states in support that, of the 79 healthcare districts, 54 service the state’s rural areas, and there is a shortage of mental health professionals in rural areas. ACHD supports extending, from three to five years, the waiver for psychologists who have been recruited from out of state. The California Psychological Association states in support that this bill brings conformity to the law governing licensure for psychologists by extending the timeline to obtain a license from three to five years in certain state settings. According to the California Psychological Association, the three-year timeline to earn supervised hours has proven problematic for some.
- Adding county mental health plans consistent with past law. The most recent amendments to this bill, which add mental health professionals working in mental health plans funded by Medi-Cal to the license waiver provisions, reflect technical amendments requested by DHCS. According to DHCS, these mental health plans were historically part of the same body of law (the Bronzan-McCorquodale Act) as community mental health programs, which currently have the waiver provisions. However, the codes were reorganized in 2012, and mental health plans are now in another part of the code. Therefore, the amendments adding back in mental health plans is not a new addition to the license waiver settings, and is consistent with the intent of existing law.
SUPPORT AND OPPOSITION:
Support: American Federation of State, County and Municipal Employees (co-sponsor)
AFSCME Local 2620 (co-sponsor)
Association of California Healthcare Districts
California Psychological Association
Santa Clara County Psychological Association
Oppose: None received
-- END --
ASSEMBLY THIRD READING
ATR Bill Id:AB 1456
Author:(Low)
As Amended Ver:May 1, 2017
2/3 vote. Urgency
Committee | Votes | Ayes | Noes |
Health | 15-0 | Wood, Maienschein, Bonta, Burke, Gallagher, Limón, McCarty, Nazarian, Patterson, Quirk-Silva, Ridley-Thomas, Rodriguez, Santiago, Thurmond, Waldron |
SUMMARY: Extends from three years to five years the ability of the Department of Health Care Services and the Department of Public Health to waive the licensure requirements for psychologists who are gaining qualifying experience for licensure in this state and are working in settings defined as "exempt" (state settings) and makes conforming licensure provisions for psychologists and clinical social workers working in the state correctional system.
FISCAL EFFECT: None
COMMENTS: According to the author, this bill brings conformity to the law governing licensure for psychologists by extending the timeline to obtain a license from three years to five years. The author states that other mental health professionals in the state, including Marriage and Family Therapists (MFTs), Licensed Professional Clinical Counselors (LPCCs), and Licensed Clinical Social Workers (LCSWs), have four to five years to obtain their license. This bill eliminates the differing timelines to obtain licensure and brings uniformity in the code for our state psychologists.
- Psychologists. Licensed psychologists may practice independently in any private or public setting using psychological methods to diagnose, treat, prevent, and ameliorate emotional and mental disorders of individuals and groups. There are currently 20,000 licensed psychologists in California. Licensed psychologists practicing in private practice must hold a license issued by the Board of Psychology (BOP).
- Licensure requirements. Licensed psychologists are required to obtain a doctoral degree from an accredited institution in psychology, educational psychology, or in a field specializing in counseling psychology or educational psychology. Psychologists are required to complete 3000 hours (minimum two-years) of supervised experience, of which 1500 must be completed after obtaining a doctoral degree. Registered psychologists are required to register with the BOP and are authorized to engage in psychological activities at nonprofit community agencies that receive a minimum of 25% of their funding from some government source. Registered psychologists may not engage in psychology practice outside of the nonprofit community agency where they are registered and may or may not be fully licensed. There are approximately 321 registered psychologists employed at nonprofit community agencies.
Many post-doctoral psychologists gain supervision experience requirements while employed at schools, colleges or universities, and government entities, which provide opportunities to gain the required supervisory hours needed for licensure. However, these employment settings are considered exempt from licensure by the BOP.
- Exempt settings. Under current law there are certain types of organizations which are referred to as "exempt settings," where employees are not required to have a license or a registration in order to perform activities of a psychological nature as long as those individuals are providing the services within the scope of their employment. Exempt settings include places such as an educational institution (approved or accredited), a school district, or a governmental entity. For instance, psychologists are exempt for three years and MFTs, LCSWs, and LPCCs are exempt for four years with an authority to extend by one year under extenuating circumstances for a total of five years. This bill permits individuals working in public health facilities and the Department of State Hospitals to also be exempt from licensure for up to five years.
Most individuals working in an exempt setting have completed their doctoral program and are in the process of acquiring the required 1500 hours of supervised experience necessary for licensure and have up to five years to be employed without a license while working to meet the requirements of licensure.
The American Federation of State, County and Municipal Employees (AFSCME), sponsor of the bill, states that under current law, psychologist licensing falls upon four different code sections depending upon where they work. This bill would create a uniform timeline to ensure that state psychologists can obtain their licensing in an appropriate time manner. AFSCME also states that this bill provides greater flexibility and support for state psychologists in order to balance their licensing requirements and their personal obligations. Other mental health professionals working in the state have four to five years to obtain their licenses; as such, it is only fair to allow state psychologists to receive their licenses within five years and ensure this indispensable workforce continues to flourish.
The California Psychological Association (CPA) states that this bill brings conformity to the law governing licensure for psychologists by extending the timeline to obtain a license from three years to five years in certain state settings. This bill adds institutions regulated by the penal code to the five-year waiver in other "exempt settings." Currently, after earning a doctoral degree, but before becoming licensed, aspiring psychologists must earn at least 1,500 hours of supervised hours before being allowed to sit for the licensing examinations. The three-year timeline has proven problematic for some and does not mirror requirements for other similar state agencies. CPA previously supported AB 705 (Eggman), Chapter 218, Statutes of 2015, which allowed for pre-licensed psychologists who were working in the state five years to obtain their licensure. This bill simply brings these work settings parallel to other state agencies. There is no opposition on file.
Analysis Prepared by: Paula Villescaz / HEALTH / (916) 319-2097 FN: 0000210
ASSEMBLY THIRD READING
ATR Bill Id:AB 1456
Author:(Low)
As Amended Ver:April 24, 2017
2/3 vote. Urgency
Committee | Votes | Ayes | Noes |
Health | 15-0 | Wood, Maienschein, Bonta, Burke, Gallagher, Limón, McCarty, Nazarian, Patterson, Quirk-Silva, Ridley-Thomas, Rodriguez, Santiago, Thurmond, Waldron |
SUMMARY: Extends from three years to five years the ability of the Department of Health Care Services and the Department of Public Health to waive the licensure requirements for psychologists who are gaining qualifying experience for licensure in this state and are working in settings defined as "exempt" (state settings) and at the Department of State Hospitals (DSH).
FISCAL EFFECT: None
COMMENTS: According to the author, this bill brings conformity to the law governing licensure for psychologists by extending the timeline to obtain a license from three years to five years. The author states that other mental health professionals in the state, including Marriage and Family Therapists (MFTs), Licensed Professional Clinical Counselors (LPCCs), and Licensed Clinical Social Workers (LCSWs), have four to five years to obtain their license. This bill eliminates the differing timelines to obtain licensure and brings uniformity in the code for our state psychologists.
- Psychologists. Licensed psychologists may practice independently in any private or public setting using psychological methods to diagnose, treat, prevent, and ameliorate emotional and mental disorders of individuals and groups. There are currently 20,000 licensed psychologists in California. Licensed psychologists practicing in private practice must hold a license issued by the Board of Psychology (BOP).
- Licensure requirements. Licensed psychologists are required to obtain a doctoral degree from an accredited institution in psychology, educational psychology, or in a field specializing in counseling psychology or educational psychology. Psychologists are required to complete 3,000 hours (minimum two-years) of supervised experience, of which 1,500 must be completed after obtaining a doctoral degree. Registered psychologists are required to register with the BOP and are authorized to engage in psychological activities at nonprofit community agencies that receive a minimum of 25% of their funding from some government source. Registered psychologists may not engage in psychology practice outside of the nonprofit community agency where they are registered and may or may not be fully licensed. There are approximately 321 registered psychologists employed at nonprofit community agencies.
Many post-doctoral psychologists gain supervision experience requirements while employed at schools, colleges or universities, and government entities, which provide opportunities to gain the required supervisory hours needed for licensure. However, these employment settings are considered exempt from licensure by the BOP.
- Exempt settings. Under current law there are certain types of organizations which are referred to as "exempt settings," where employees are not required to have a license or a registration in order to perform activities of a psychological nature as long as those individuals are providing the services within the scope of their employment. Exempt settings include places such as an educational institution (approved or accredited), a school district, or a governmental entity. For instance, psychologists are exempt for three years and MFTs, LCSWs, and LPCCs are exempt for four years with an authority to extend by one year under extenuating circumstances for a total of five years. This bill permits individuals working in public health facilities and DSH to also be exempt from licensure for up to five years.
Most individuals working in an exempt setting have completed their doctoral program and are in the process of acquiring the required 1500 hours of supervised experience necessary for licensure and have up to five years to be employed without a license while working to meet the requirements of licensure.
The American Federation of State, County and Municipal Employees (AFSCME), sponsor of the bill, states that under current law, psychologist licensing falls upon four different code sections depending upon where they work. This bill would create a uniform timeline to ensure that state psychologists can obtain their licensing in an appropriate time manner. AFSCME also states that this bill provides greater flexibility and support for state psychologists in order to balance their licensing requirements and their personal obligations. Other mental health professionals working in the state have four to five years to obtain their licenses; as such, it is only fair to allow state psychologists to receive their licenses within five years and ensure this indispensable workforce continues to flourish.
The California Psychological Association (CPA) states that this bill brings conformity to the law governing licensure for psychologists by extending the timeline to obtain a license from three years to five years in certain state settings. This bill adds institutions regulated by the penal code to the five-year waiver in other "exempt settings." Currently, after earning a doctoral degree, but before becoming licensed, aspiring psychologists must earn at least 1,500 hours of supervised hours before being allowed to sit for the licensing examinations. The three-year timeline has proven problematic for some and does not mirror requirements for other similar state agencies. CPA previously supported AB 705 (Eggman), Chapter 218, Statutes of 2015, which allowed for pre-licensed psychologists who were working in the state five years to obtain their licensure. This bill simply brings these work settings parallel to other state agencies. There is no opposition on file.
Analysis Prepared by: Paula Villescaz / HEALTH / (916) 319-2097 FN: 0000206
Date of Hearing: April 18, 2017
ASSEMBLY COMMITTEE ON HEALTH
Jim Wood, Chair
ABPCA Bill Id:AB 1456
Author:(Low) – As Introduced Ver:February 17, 2017
SUBJECT: Professional licensure.
SUMMARY: Extends from three years to five years the ability of the Department of Health Care Services (DHCS) and the Department of Public Health (DPH) to waive the licensure requirements for psychologists who are gaining qualifying experience for licensure in this state and are working in settings defined as “exempt” (state settings) and at the Department of State Hospitals (DSH).
EXISTING LAW:
- Establishes the Psychology Practice Act which sets forth the requirements for licensure as a psychologist and prohibits a person from engaging in the practice of psychology or representing himself or herself to be a psychologist without a license, unless specifically exempt.
- Establishes the Board of Psychology (BOP), to protect the public in exercising its regulatory and licensing function, consisting of nine members.
- Defines the practice of psychology as the rendering or offering to render for a fee to individuals, groups, organizations, or the public any psychological service involving the application of principles, methods, and procedures of understanding, predicting, and influencing behavior, such as the principles pertaining to learning, perception, motivation, emotions, and interpersonal relationships as specified.
- Permits specified persons to perform activities of a psychological nature and use of the official title for which they are employed, provided they are performing those activities as part of the duties for which they are employed, as specified.
- Permits persons who are salaried employees of accredited or approved academic institutions, public schools, or governmental agencies to perform activities of a psychological nature, provided that these persons comply with all of the following:
- Performing psychological activities as part of the duties for which they were hired;
- Performing activities solely within the jurisdiction or confines of such organizations;
- Do not hold themselves out to the public by any title or description of activities incorporating the words "psychology," "psychological," "psychologist," "psychometry," "psychometrics," or "psychometrist;"
- Do not offer their services to the public for a fee, monetary or otherwise; and,
- Do not provide direct health or mental health services.
- Specifies that persons employed or under contract to provide county mental health services, as specified, are subject to all applicable requirements of law regarding professional licensure, and prohibits a person employed in local mental health programs, as specified, from providing services for which a license is required, unless the person possesses a valid license.
- Permits DHCS to exempt individuals from the licensure provisions above if the persons are employed or under contract to provide mental health services as psychologists, as specified, who are gaining the experience required for licensure, and limits the exemption from exceeding five years from the date of employment by, or contract with, a local mental health program for persons in the profession of psychology.
- Permits DPH to waive specified licensure requirements in health facilities solely for persons in the professions of psychology, marriage and family therapy, clinical social work, or professional clinical counseling who are gaining qualifying experience for licensure, and prohibits the waiver from exceeding three years from the date of employment for psychologists, or four years from the date of employment for marriage and family therapists, clinical social workers, and professional clinical counselors, unless an extension of a waiver is granted as specified.
FISCAL EFFECT: None
COMMENTS:
- PURPOSE OF THIS BILL. According to the author, this bill brings conformity to the law governing licensure for psychologists by extending the timeline to obtain a license from three years to five years. The author states that other mental health professionals in the state, including Marriage and Family Therapists (MFTs), Licensed Professional Clinical Counselors (LPCCs), and Licensed Clinical Social Workers (LCSWs), have four to five years to obtain their license. This bill eliminates the differing timelines to obtain licensure and brings uniformity in the code for our state psychologists.
- BACKGROUND.
- Psychologists. Licensed psychologists may practice independently in any private or public setting using psychological methods to diagnose, treat, prevent, and ameliorate emotional and mental disorders of individuals and groups. There are currently 20,000 licensed psychologists in California. Licensed psychologists practicing in private practice must hold a license issued by the BOP.
- Licensure requirements. Licensed psychologists are required to obtain a doctoral degree from an accredited institution in psychology, educational psychology, or in a field specializing in counseling psychology or educational psychology. Psychologists are required to complete 3000 hours (minimum two-years) of supervised experience, of which 1500 must be completed after obtaining a doctoral degree. Registered psychologists are required to register with the BOP and are authorized to engage in psychological activities at nonprofit community agencies that receive a minimum of 25% of their funding from some government source. Registered psychologists may not engage in psychology practice outside of the nonprofit community agency where they are registered and may or may not be fully licensed. There are approximately 321 registered psychologists employed at nonprofit community agencies.
Many post-doctoral psychologists gain supervision experience requirements while employed at schools, colleges or universities, and government entities, which provide opportunities to gain the required supervisory hours needed for licensure. However, these employment settings are considered exempt from licensure by the BOP. - Exempt settings. Under current law there are certain types of organizations which are referred to as “exempt settings,” where employees are not required to have a license or a registration in order to perform activities of a psychological nature as long as those individuals are providing the services within the scope of their employment. Exempt settings include places such as an educational institution (approved or accredited), a school district, or a governmental entity. For instance, psychologists are exempt for three years and MFTs, LCSWs, and LPCCs are exempt for four years with an authority to extend by one year under extenuating circumstances for a total of five years. This bill permits individuals working in public health facilities and DSH to also be exempt from licensure for up to five years.
Most individuals working in an exempt setting have completed their doctoral program and are in the process of acquiring the required 1500 hours of supervised experience necessary for licensure and have up to five years to be employed without a license while working to meet the requirements of licensure. - Department of State Hospitals. California has five state hospitals and three prison-based psychiatric programs that treat people with mental illness. Approximately 90% of the state hospitals' population is considered "forensic," in that they have been committed to a hospital by the criminal justice system. Through an interagency agreement with the California Department of Corrections and Rehabilitation, DSH also treats inmates at prison-based psychiatric facilities prisons in Vacaville, Salinas Valley, and Stockton. The prison-based psychiatric facilities treat approximately 1,107 inmates. The state hospitals are as follows:
- Atascadero State Hospital (ASH). ASH is located on the central coast. It is an all-male, maximum security, forensic facility (i.e., persons referred by the court related to criminal violations). Population: 1,258.
- Coalinga State Hospital (CSH). Located in the City of Coalinga, CSH is the newest state hospital, opened in 2005, and treats forensically committed and sexually violent predators. Population: 1,293.
- Metropolitan State Hospital (MSH). Located in Norwalk, MSH serves individuals placed for treatment pursuant to the Lanterman-Petris-Short Act (civil commitments), as well as court-ordered penal code commitments. Population: 807.
- Napa State Hospital (NSH). Located in the City of Napa, NSH is a low-to-moderate security state hospital. Population: 1,269.
- Patton State Hospital (PSH). PSH is located in San Bernardino and cares for judicially committed, mentally disordered individuals. Population: 1,527.
DSH employs 268 licensed psychologists and 58 unlicensed psychologists. According to information provided by the author, during implementation of AB 705 (Eggman), Chapter 218, Statutes of 2015, DSH planned on recognizing the extended timelines for psychologists to obtain their license because DSH is experiencing severe vacancies. However, the state determined that psychologists working within DSH are regulated under the penal code and are therefore subject to the three year timeline.
- SUPPORT. The American Federation of State, County and Municipal Employees (AFSCME), sponsor of the bill, states that under current law, psychologist licensing falls upon four different code sections depending upon where they work. This bill would create a uniform timeline to ensure that state psychologists can obtain their licensing in an appropriate time manner. AFSCME also states that this bill provides greater flexibility and support for state psychologists in order to balance their licensing requirements and their personal obligations. Other mental health professionals working in the state have four to five years to obtain their licenses; as such, it is only fair to allow state psychologists to receive their licenses within five years and ensure this indispensable workforce continues to flourish.
The California Psychological Association (CPA) states that this bill brings conformity to the law governing licensure for psychologists by extending the timeline to obtain a license from three years to five years in certain state settings. This bill adds institutions regulated by the penal code to the five-year waiver in other "exempt settings." Currently, after earning a doctoral degree, but before becoming licensed, aspiring psychologists must earn at least 1,500 hours of supervised hours before being allowed to sit for the licensing examinations. The three-year timeline has proven problematic for some and does not mirror requirements for other similar state agencies. CPA previously supported AB 705 (Eggman) which allowed for pre-licensed psychologists who were working in the state five years to obtain their licensure. This bill simply brings these work settings parallel to other state agencies.
- RELATED LEGISLATION. AB 700 (Jones-Sawyer) establishes classifications for substance use disorder (SUD) counselor certification, registrants, and interns, using federal Substance Abuse and Mental Health Services Administration recommendations, to be implemented by the certifying organizations and requires any person who engages in the practice of SUD counseling to be certified by, or registered with, a certifying organization. AB 700 is pending in the Assembly Appropriations Committee.
- PREVIOUS LEGISLATION. AB 705 (Eggman), Chapter 218, Statutes of 2015, requires individuals performing psychological activities, within specified exempt settings, to work under the supervision of a licensed psychologist; accumulate the supervised hours required for licensure; and, become licensed within five years. This bill also makes other technical and clarifying amendments.
- SUGGESTED AMENDMENT. To be consistent with MFT, LCSW, and LPCC licensure requirements, the Committee may wish to consider amending the bill to permit a one year extension of provisions exempting psychologists in exempt settings from licensure, for a total of four years, and allowing for a one year extension under extenuating circumstances, for a total of five years.
- AUTHOR’S AMENDMENT. The author wishes to add an urgency clause to ensure that the provisions of this bill go into immediate effect upon enactment.
REGISTERED SUPPORT / OPPOSITION:
Support
American Federation of State, County and Municipal Employees, AFL-CIO (sponsor)
Association of Federal, State, County and Municipal Employees Local 2620
California Psychological Association
Opposition
None on file.
Analysis Prepared by: Paula Villescaz / HEALTH / (916) 319-2097
Discussed in Hearing
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Bill Author
Bill Co-Author(s):