Bill Text: CA AB2754 | 2021-2022 | Regular Session | Chaptered


Bill Title: Psychology: supervision.

Spectrum: Slight Partisan Bill (Democrat 2-1)

Status: (Passed) 2022-08-22 - Chaptered by Secretary of State - Chapter 163, Statutes of 2022. [AB2754 Detail]

Download: California-2021-AB2754-Chaptered.html

Assembly Bill No. 2754
CHAPTER 163

An act to amend Sections 2913 and 2914 of the Business and Professions Code, relating to healing arts, and declaring the urgency thereof, to take effect immediately.

[ Approved by Governor  August 22, 2022. Filed with Secretary of State  August 22, 2022. ]

LEGISLATIVE COUNSEL'S DIGEST


AB 2754, Bauer-Kahan. Psychology: supervision.
The Psychology Licensing Law establishes the Board of Psychology to license and regulate the practice of psychology. Existing law requires an applicant for licensure as a psychologist to have engaged in supervised professional experience under the direction of a licensed psychologist, or under suitable alternative supervision, for at least 2 years, at least one year of which is required to occur after the applicant has been awarded the qualifying doctoral degree.
Existing law authorizes a registered psychological associate to perform psychological functions in preparation for licensure as a psychologist under specified conditions, including that the registered psychological associate is supervised by a licensed psychologist.
This bill would authorize the supervision of an applicant for licensure as a psychologist, and of a registered psychological associate, to be provided in real time, which is defined as through in-person or synchronous audiovisual means, in compliance with federal and state laws related to patient health confidentiality.
This bill would declare that it is to take effect immediately as an urgency statute.
Vote: 2/3   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 2913 of the Business and Professions Code is amended to read:

2913.
 A person other than a licensed psychologist may perform psychological functions in preparation for licensure as a psychologist only if all of the following conditions are met:
(a) The person is registered with the board as a “registered psychological associate.” This registration shall be renewed annually in accordance with regulations adopted by the board.
(b) (1) The person has completed or is any of the following:
(A) Completed a master’s degree in psychology.
(B) Completed a master’s degree in education with the field of specialization in educational psychology, counseling psychology, or school psychology.
(C) Is an admitted candidate for a doctoral degree in any of the following:
(i) Psychology with the field of specialization in clinical, counseling, school, consulting, forensic, industrial, or organizational psychology.
(ii) Education, with the field of specialization in educational psychology, counseling psychology, or school psychology.
(iii) A field of specialization designed to prepare graduates for the professional practice of psychology after having satisfactorily completed three or more years of postgraduate education in psychology and having passed preliminary doctoral examinations.
(D) Completed a doctoral degree that qualifies for licensure under Section 2914.
(2) The board shall make the final determination as to whether a degree meets the requirements of this subdivision.
(c) (1) The registered psychological associate is supervised by a licensed psychologist. Any supervision may be provided in real time, which is defined as through in-person or synchronous audiovisual means, in compliance with federal and state laws related to patient health confidentiality. The registered psychological associate’s primary supervisor shall be responsible for ensuring that the extent, kind, and quality of the psychological services performed are consistent with the registered psychological associate’s and the primary supervisor’s training and experience. The primary supervisor shall be responsible for the registered psychological associate’s compliance with this chapter and regulations. A primary supervisor may delegate supervision as prescribed by the board’s regulations.
(2) A licensed psychologist shall not supervise more than three registered psychological associates at any given time.
(d) A registered psychological associate shall not do either of the following:
(1) Provide psychological services to the public except as a trainee pursuant to this section.
(2) Receive payments, monetary or otherwise, directly from clients.

SEC. 2.

 Section 2914 of the Business and Professions Code is amended to read:

2914.
 (a) An applicant for licensure shall not be subject to denial of licensure under Division 1.5 (commencing with Section 475).
(b) (1) On and after January 1, 2020, an applicant for licensure shall possess an earned doctoral degree in any of the following:
(A) Psychology with the field of specialization in clinical, counseling, school, consulting, forensic, industrial, or organizational psychology.
(B) Education with the field of specialization in counseling psychology, educational psychology, or school psychology.
(C) A field of specialization designed to prepare graduates for the professional practice of psychology.
(2) (A) Except as provided in subparagraph (B), the degree or training obtained pursuant to paragraph (1) shall be obtained from a college or institution of higher education that is accredited by a regional accrediting agency recognized by the United States Department of Education.
(B) Subparagraph (A) does not apply to any student who was enrolled in a doctoral program in psychology with the field of specialization in clinical, counseling, school, consulting, forensic, industrial, or organizational psychology or in education with the field of specialization in counseling psychology, educational psychology, or school psychology at a nationally accredited or approved institution as of December 31, 2016.
(3) The board shall make the final determination as to whether a degree meets the requirements of this subdivision.
(4) Until January 1, 2020, the board may accept an applicant who possesses a doctoral degree in psychology, educational psychology, or in education with the field of specialization in counseling psychology or educational psychology from an institution that is not accredited by an accrediting agency recognized by the United States Department of Education, but is approved to operate in this state by the Bureau for Private Postsecondary Education on or before July 1, 1999, and has not, since July 1, 1999, had a new location, as described in Section 94823.5 of the Education Code.
(5) An applicant for licensure trained in an educational institution outside the United States or Canada shall demonstrate to the satisfaction of the board that the applicant possesses a doctoral degree in psychology or education as specified in paragraphs (1) and (2) that is equivalent to a degree earned from a regionally accredited academic institution in the United States or Canada by providing the board with an evaluation of the degree by a foreign credential evaluation service that is a member of the National Association of Credential Evaluation Services (NACES), or by the National Register of Health Services Psychologists (NRHSP), and any other documentation the board deems necessary. The member of the NACES or the NRHSP shall submit the evaluation to the board directly and shall include in the evaluation all of the following:
(A) A transcript in English, or translated into English by the credential evaluation service, of the degree used to qualify for licensure.
(B) An indication that the degree used to qualify for licensure is verified using primary sources.
(C) A determination that the degree is equivalent to a degree that qualifies for licensure pursuant to paragraphs (1) and (2).
(c) (1) An applicant for licensure shall 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 have occurred after the applicant was awarded the qualifying doctoral degree. Any supervision may be provided in real time, which is defined as through in-person or synchronous audiovisual means, in compliance with federal and state laws related to patient health confidentiality. The supervisor shall submit verification of the experience to the trainee as 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) An applicant for licensure shall take and pass the examination required by Section 2941 unless otherwise exempted by the board under this chapter.
(e) An applicant for licensure shall complete coursework or provide evidence of training in the detection and treatment of alcohol and other chemical substance dependency.
(f) An applicant for licensure shall complete coursework or provide evidence of training in spousal or partner abuse assessment, detection, and intervention.

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:
In order to preserve access to psychological care by allowing continued real time supervision of registered psychological associates and licensed psychologist applicants, including synchronous audiovisual means that comply with federal and state laws related to patient health confidentiality, it is necessary for this act to take effect immediately.
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