Bill Text: CA AB1374 | 2015-2016 | Regular Session | Enrolled

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Psychologists: licensure.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2015-10-06 - Chaptered by Secretary of State - Chapter 529, Statutes of 2015. [AB1374 Detail]

Download: California-2015-AB1374-Enrolled.html

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BILL NUMBER: AB 1374	ENROLLED
	BILL TEXT

	PASSED THE SENATE  AUGUST 24, 2015
	PASSED THE ASSEMBLY  AUGUST 27, 2015
	AMENDED IN SENATE  JULY 14, 2015
	AMENDED IN SENATE  JUNE 11, 2015
	AMENDED IN SENATE  JUNE 1, 2015
	AMENDED IN ASSEMBLY  APRIL 6, 2015

INTRODUCED BY   Assembly Member Levine

                        FEBRUARY 27, 2015

   An act to amend Sections 2903, 2913, and 2914 of the Business and
Professions Code, and to amend Section 1010 of the Evidence Code,
relating to psychologists.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1374, Levine. Psychologists: licensure.
   The Psychology Licensing Law provides for the licensure and
regulation of psychologists by the Board of Psychology. The law
defines the practice of psychology as rendering or offering to
render, for a fee, psychological services involving the application
of psychological principles and methods, including the diagnosis,
prevention, and treatment of psychological problems and emotional and
mental disorders. The law prohibits unlicensed persons from
practicing psychology, but authorizes unlicensed persons, including
psychological assistants who meet certain requirements and do not
provide psychological services to the public for a fee, to perform
limited psychological functions. The law requires applicants for
licensure to, among other things, engage in at least 2 years of
supervised professional experience under the direction of a licensed
psychologist and authorizes an applicant who obtains this experience
in the United States to send verification of the experience directly
to the board if the supervising licensed psychologist fails to submit
the verification within 30 days of receiving a request from the
applicant, as specified. The law requires the board to establish
qualifications by regulation for supervising licensed psychologists
and to review and approve applicants for the position of supervising
psychologist on a case-by-case basis. The law provides that a
violation of any of its provisions is a misdemeanor.
   This bill would remove the reference to fees for services from the
definition of the practice of psychology, thereby expanding that
definition. The bill would further modify that definition to specify
that the application of psychological principles and methods includes
assessment, diagnosis, prevention, treatment, and intervention to
increase effective functioning of individuals, groups, and
organizations. The bill would revise the above-described
authorization for psychological assistants to prohibit services to
the public, except as specified, without reference to a fee. The bill
would revise that experience verification procedure to require a
supervising licensed psychologist to submit verification of the
experience to the trainee in a manner prescribed by the board, and
would authorize the board to establish alternative procedures for
obtaining the necessary documentation if the supervising licensed
psychologist fails to provide that verification in a timely manner.
The bill would make the failure to provide verification to the board
upon request, absent good cause, unprofessional conduct. The bill
would eliminate the requirement that the board review and approve
applicants for the position of supervising psychologist on a
case-by-case basis. The bill would also make technical and conforming
changes. By expanding the scope of a crime, this bill would impose a
state-mandated local program.
   Existing law establishes for a patient of a psychotherapist,
whether or not a party to a proceeding, the privilege to refuse to
disclose and to prevent another from disclosing a confidential
communication between the patient and psychotherapist, as specified,
and defines a psychotherapist for these purposes.
   This bill would include in the definition of psychotherapist a
person who is registered with the Board of Psychology as a registered
psychologist and who is under the supervision of a licensed
psychologist or a board certified psychiatrist.
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 2903 of the Business and Professions Code is
amended to read:
   2903.  (a) No person may engage in the practice of psychology, or
represent himself or herself to be a psychologist, without a license
granted under this chapter, except as otherwise provided in this
chapter. The practice of psychology is defined as rendering or
offering to render to individuals, groups, organizations, or the
public any psychological service involving the application of
psychological principles, methods, and procedures of understanding,
predicting, and influencing behavior, such as the principles
pertaining to learning, perception, motivation, emotions, and
interpersonal relationships; and the methods and procedures of
interviewing, counseling, psychotherapy, behavior modification, and
hypnosis; and of constructing, administering, and interpreting tests
of mental abilities, aptitudes, interests, attitudes, personality
characteristics, emotions, and motivations.
   (b) The application of these principles and methods includes, but
is not restricted to: assessment, diagnosis, prevention, treatment,
and intervention to increase effective functioning of individuals,
groups, and organizations.
   (c) Psychotherapy within the meaning of this chapter means the use
of psychological methods in a professional relationship to assist a
person or persons to acquire greater human effectiveness or to modify
feelings, conditions, attitudes, and behaviors that are emotionally,
intellectually, or socially ineffectual or maladaptive.
  SEC. 2.  Section 2913 of the Business and Professions Code is
amended to read:
   2913.  A person other than a licensed psychologist may be employed
by a licensed psychologist, by a licensed physician and surgeon who
is board certified in psychiatry by the American Board of Psychiatry
and Neurology, by a clinic that provides mental health services under
contract pursuant to Section 5614 of the Welfare and Institutions
Code, by a psychological corporation, by a licensed psychology clinic
as defined in Section 1204.1 of the Health and Safety Code, or by a
medical corporation to perform limited psychological functions if all
of the following apply:
   (a) The person is termed a "psychological assistant."
   (b) The person (1) has completed a master's degree in psychology
or education with the field of specialization in psychology or
counseling psychology, or (2) has been admitted to candidacy for a
doctoral degree in psychology or education with the field of
specialization in psychology or counseling psychology, after having
satisfactorily completed three or more years of postgraduate
education in psychology and having passed preliminary doctoral
examinations, or (3) has completed a doctoral degree that qualifies
for licensure under Section 2914, in an accredited or approved
university, college, or professional school located in the United
States or Canada.
   (c) The person is at all times under the immediate supervision, as
defined in regulations adopted by the board, of a licensed
psychologist, or board certified psychiatrist, who shall be
responsible for insuring that the extent, kind, and quality of the
psychological services he or she performs are consistent with his or
her training and experience and be responsible for his or her
compliance with this chapter and regulations duly adopted hereunder,
including those provisions set forth in Section 2960.
   (d) (1) The licensed psychologist, board certified psychiatrist,
contract clinic, psychological corporation, or medical corporation,
has registered the psychological assistant with the board. The
registration shall be renewed annually in accordance with regulations
adopted by the board.
   (2) No licensed psychologist may register, employ, or supervise
more than three psychological assistants at any given time unless
specifically authorized to do so by the board. No board certified
psychiatrist may register, employ, or supervise more than one
psychological assistant at any given time. No contract clinic,
psychological corporation, or medical corporation may employ more
than 10 assistants at any one time. No contract clinic may register,
employ, or provide supervision for more than one psychological
assistant for each designated full-time staff psychiatrist who is
qualified and supervises the psychological assistants. No
psychological assistant may provide psychological services to the
public except as an employee of a licensed psychologist, licensed
physician, contract clinic, psychological corporation, or medical
corporation.
   (e) The psychological assistant shall comply with regulations that
the board may, from time to time, duly adopt relating to the
fulfillment of requirements in continuing education.
   (f) No person shall practice as a psychological assistant who is
found by the board to be in violation of Section 2960 and the rules
and regulations duly adopted pursuant to that section.
  SEC. 3.  Section 2914 of the Business and Professions Code is
amended to read:
   2914.  Each applicant for licensure shall comply with all of the
following requirements:
   (a) Is not subject to denial of licensure under Division 1.5
(commencing with Section 475).
   (b) (1) Possess an earned doctorate degree (A) in psychology, (B)
in educational psychology, or (C) in education with the field of
specialization in counseling psychology or educational psychology.
Except as provided in subdivision (g), this degree or training shall
be obtained from an accredited university, college, or professional
school. The board shall make the final determination as to whether a
degree meets the requirements of this section.
   (2) No educational institution shall be denied recognition as an
accredited academic institution solely because its program is not
accredited by any professional organization of psychologists, and
nothing in this chapter or in the administration of this chapter
shall require the registration with the board by educational
institutions of their departments of psychology or their doctoral
programs in psychology.
   (3) An applicant for licensure trained in an educational
institution outside the United States or Canada shall demonstrate to
the satisfaction of the board that he or she possesses a doctorate
degree in psychology that is equivalent to a degree earned from a
regionally accredited university in the United States or Canada.
These applicants shall provide the board with a comprehensive
evaluation of the degree performed by a foreign credential evaluation
service that is a member of the National Association of Credential
Evaluation Services (NACES), and any other documentation the board
deems necessary.
   (c) (1) Have engaged for at least two years in supervised
professional experience under the direction of a licensed
psychologist, the specific requirements of which shall be defined by
the board in its regulations, or under suitable alternative
supervision as determined by the board in regulations duly adopted
under this chapter, at least one year of which shall be after being
awarded the doctorate in psychology. The supervisor shall submit
verification of the experience required by this subdivision to the
trainee in a manner prescribed by the board. If the supervising
licensed psychologist fails to provide verification to the trainee in
a timely manner, the board may establish alternative procedures for
obtaining the necessary documentation. Absent good cause, the failure
of a supervising licensed psychologist to provide the verification
to the board upon request shall constitute unprofessional conduct.
   (2) The board shall establish qualifications by regulation for
supervising psychologists.
   (d) Take and pass the examination required by Section 2941 unless
otherwise exempted by the board under this chapter.
   (e) Show by evidence satisfactory to the board that he or she has
completed training in the detection and treatment of alcohol and
other chemical substance dependency. This requirement applies only to
applicants who matriculate on or after September 1, 1985.
   (f) (1) Show by evidence satisfactory to the board that he or she
has completed coursework in spousal or partner abuse assessment,
detection, and intervention. This requirement applies to applicants
who began graduate training during the period commencing on January
1, 1995, and ending on December 31, 2003.
   (2) An applicant who began graduate training on or after January
1, 2004, shall show by evidence satisfactory to the board that he or
she has completed a minimum of 15 contact hours of coursework in
spousal or partner abuse assessment, detection, and intervention
strategies, including knowledge of community resources, cultural
factors, and same gender abuse dynamics. An applicant may request an
exemption from this requirement if he or she intends to practice in
an area that does not include the direct provision of mental health
services.
   (3) Coursework required under this subdivision may be satisfactory
if taken either in fulfillment of other educational requirements for
licensure or in a separate course. This requirement for coursework
shall be satisfied by, and the board shall accept in satisfaction of
the requirement, a certification from the chief academic officer of
the educational institution from which the applicant graduated that
the required coursework is included within the institution's required
curriculum for graduation.
   (g) An applicant holding a doctoral degree in psychology from an
approved institution is deemed to meet the requirements of this
section if both of the following are true:
   (1) The approved institution offered a doctoral degree in
psychology designed to prepare students for a license to practice
psychology and was approved by the former Bureau for Private
Postsecondary and Vocational Education on or before July 1, 1999.
   (2) The approved institution has not, since July 1, 1999, had a
new location, as described in Section 94823.5 of the Education Code.
  SEC. 4.  Section 1010 of the Evidence Code is amended to read:
   1010.  As used in this article, "psychotherapist" means a person
who is, or is reasonably believed by the patient to be:
   (a) A person authorized to practice medicine in any state or
nation who devotes, or is reasonably believed by the patient to
devote, a substantial portion of his or her time to the practice of
psychiatry.
   (b) A person licensed as a psychologist under Chapter 6.6
(commencing with Section 2900) of Division 2 of the Business and
Professions Code.
   (c) A person licensed as a clinical social worker under Article 4
(commencing with Section 4996) of Chapter 14 of Division 2 of the
Business and Professions Code, when he or she is engaged in applied
psychotherapy of a nonmedical nature.
   (d) A person who is serving as a school psychologist and holds a
credential authorizing that service issued by the state.
   (e) A person licensed as a marriage and family therapist under
Chapter 13 (commencing with Section 4980) of Division 2 of the
Business and Professions Code.
   (f) A person registered as a psychological assistant who is under
the supervision of a licensed psychologist or board certified
psychiatrist as required by Section 2913 of the Business and
Professions Code, or a person registered as a marriage and family
therapist intern who is under the supervision of a licensed marriage
and family therapist, a licensed clinical social worker, a licensed
psychologist, or a licensed physician and surgeon certified in
psychiatry, as specified in Section 4980.44 of the Business and
Professions Code.
   (g) A person registered as an associate clinical social worker who
is under supervision as specified in Section 4996.23 of the Business
and Professions Code.
   (h) A person who registered with the Board of Psychology as a
registered psychologist and who is under the supervision of a
licensed psychologist or board certified psychiatrist.
   (i) A psychological intern as defined in Section 2911 of the
Business and Professions Code who is under the supervision of a
licensed psychologist or board certified psychiatrist.
   (j) A trainee, as defined in subdivision (c) of Section 4980.03 of
the Business and Professions Code, who is fulfilling his or her
supervised practicum required by subparagraph (B) of paragraph (1) of
subdivision (d) of Section 4980.36 of, or subdivision (c) of Section
4980.37 of, the Business and Professions Code and is supervised by a
licensed psychologist, a board certified psychiatrist, a licensed
clinical social worker, a licensed marriage and family therapist, or
a licensed professional clinical counselor.
   (k) A person licensed as a registered nurse pursuant to Chapter 6
(commencing with Section 2700) of Division 2 of the Business and
Professions Code, who possesses a master's degree in
psychiatric-mental health nursing and is listed as a
psychiatric-mental health nurse by the Board of Registered Nursing.
   (  l  ) An advanced practice registered nurse who is
certified as a clinical nurse specialist pursuant to Article 9
(commencing with Section 2838) of Chapter 6 of Division 2 of the
Business and Professions Code and who participates in expert clinical
practice in the specialty of psychiatric-mental health nursing.
   (m) A person rendering mental health treatment or counseling
services as authorized pursuant to Section 6924 of the Family Code.
   (n) A person licensed as a professional clinical counselor under
Chapter 16 (commencing with Section 4999.10) of Division 2 of the
Business and Professions Code.
   (o) A person registered as a clinical counselor intern who is
under the supervision of a licensed professional clinical counselor,
a licensed marriage and family therapist, a licensed clinical social
worker, a licensed psychologist, or a licensed physician and surgeon
certified in psychiatry, as specified in Sections 4999.42 to 4999.46,
inclusive, of the Business and Professions Code.
   (p) A clinical counselor trainee, as defined in subdivision (g) of
Section 4999.12 of the Business and Professions Code, who is
fulfilling his or her supervised practicum required by paragraph (3)
of subdivision (c) of Section 4999.32 of, or paragraph (3) of
subdivision (c) of Section 4999.33 of, the Business and Professions
Code, and is supervised by a licensed psychologist, a board-certified
psychiatrist, a licensed clinical social worker, a licensed marriage
and family therapist, or a licensed professional clinical counselor.

  SEC. 5.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.