SB 401: Psychology: unprofessional conduct: disciplinary action: sexual acts.

Existing law, the Psychology Licensing Law, provides for the licensure, regulation, and discipline of psychologists by the Board of Psychology. Existing law authorizes the board to refuse to issue a registration or license, to issue a registration or license with terms and conditions, or to suspend or revoke the registration or license of a registrant or licensee if the applicant, registrant, or licensee has been guilty of unprofessional conduct. Under existing law, unprofessional conduct includes, among other things, any act of sexual abuse, or sexual relations with a patient or former patient within 2 years following termination of therapy, or sexual misconduct that is substantially related to the qualifications, functions, or duties of a psychologist or registered psychological associate.

This bill would recast and revise the circumstances under which specified sexual acts constitute unprofessional conduct. The bill would provide that unprofessional conduct includes any act of sexual behavior or sexual contact with a client or former client within 2 years following termination of therapy and any act of sexual abuse or sexual misconduct. The bill would define those terms for its purposes.

Existing law, as an exception to the provisions described above that authorize specified disciplinary action by the board, requires that an order of revocation of a registration or license be included in a specified administrative adjudication decision or proposed decision that contains a finding of fact that the licensee or registrant engaged in an act of sexual contact, as defined, with a patient or former patient within 2 years following termination of therapy. Existing law prohibits an administrative law judge from staying the revocation.

This bill would also authorize an order of revocation to be included with any proposed or issued decision that contains a finding that the licensee or registrant engaged in sexual abuse, sexual behavior, or sexual misconduct, as those terms are defined.