BILL NUMBER: AB 705 CHAPTERED
BILL TEXT
CHAPTER 218
FILED WITH SECRETARY OF STATE AUGUST 17, 2015
APPROVED BY GOVERNOR AUGUST 17, 2015
PASSED THE SENATE JULY 2, 2015
PASSED THE ASSEMBLY JULY 6, 2015
AMENDED IN SENATE JUNE 11, 2015
AMENDED IN SENATE JUNE 1, 2015
AMENDED IN ASSEMBLY APRIL 8, 2015
INTRODUCED BY Assembly Member Eggman
FEBRUARY 25, 2015
An act to amend Sections 2909 and 2910 of, and to add Section
2909.5 to, the Business and Professions Code, relating to
psychologists.
LEGISLATIVE COUNSEL'S DIGEST
AB 705, Eggman. Psychologists: licensure exemption.
The Psychology Licensing Law provides for the licensure and
regulation of psychologists by the Board of Psychology and makes a
violation of its provisions a misdemeanor. Existing law prohibits a
person from engaging in the practice of psychology or representing
himself or herself to be a psychologist without a license, except as
specified. Existing law provides that a person, including, but not
limited to, a person who holds a valid and current credential as a
school psychologist issued by the State Department of Education, is
not restricted or prevented from conducting activities of a
psychological nature or the use of the official title of his or her
position, provided that person is performing those activities as part
of the duties for which he or she was employed, is performing those
activities solely within the confines of or under the jurisdiction of
the organization in which he or she is employed, and does not offer
to render or render psychological services, as specified, to the
public for a fee over and above the salary he or she receives for the
performance of his or her official duties with the organization.
This bill would revise and recast those provisions, including
modifying those permissive provisions to not restrict or prevent from
conducting activities of a psychological nature, or the use of the
official title of his or her position, a person who holds a valid and
current credential as a school psychologist issued by the Commission
on Teacher Credentialing.
The bill would similarly not so restrict or prevent a person
employed in a position as a psychologist or psychological assistant
by one of specified entities from conducting research and
disseminating his or her research findings and scientific
information.
The bill would also not so restrict or prevent a person with
specified education and training employed as prescribed by a
nonprofit community agency that receives a certain percentage of
financial support from governmental organizations for the purpose of
training and providing services. The bill would require those persons
to be registered by the agency with the board at the time of
employment and identify such a person in the setting as a "registered
psychologist." The bill would exempt those registered psychologists
from licensure for a maximum period of 30 months from the date of
registration.
Existing law also provides that the licensing law does not
restrict or prevent activities of a psychological nature on the part
of a person who is a salaried employee of an accredited or approved
academic institution, public school, or governmental agency, provided
that, among other restrictions, the person does not offer services
to the public for a fee or provide direct health or mental health
services.
This bill would instead provide that the licensing law does not
restrict the practice of psychology on the part of a person who is a
salaried employee of an accredited or approved academic institution,
public school, or governmental agency, in accordance with specified
restrictions. The bill would delete the existing restrictions on
offering services to the public for a fee and on providing direct
health or mental health services. The bill would additionally require
such an employee to primarily be gaining the supervised professional
experience required for licensure, as specified, in order to
practice psychology without a license. That exemption would apply to
an individual employee for a cumulative total of 5 years of
employment after January 1, 2016.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 2909 of the Business and Professions Code is
amended to read:
2909. This chapter shall not be construed as restricting or
preventing activities of a psychological nature or the use of the
official title of the position for which they were employed on the
part of the following persons, provided those persons are performing
those activities as part of the duties for which they were employed,
are performing those activities solely within the confines of or
under the jurisdiction of the organization in which they are
employed, and do not render or offer to render psychological
services, as defined in Section 2903:
(a) Persons who hold a valid and current credential as a school
psychologist issued by the Commission on Teacher Credentialing.
(b) Persons who are employed in positions as psychologists or
psychological assistants by accredited or approved colleges, junior
colleges, or universities, or by federal, state, county, or municipal
governmental organizations that are not primarily involved in the
provision of direct health or mental health services, may conduct
research and disseminate their research findings and scientific
information.
SEC. 2. Section 2909.5 is added to the Business and Professions
Code, to read:
2909.5. This chapter shall not be construed as restricting or
preventing activities of a psychological nature or the use of the
official title of the position for which persons were employed on the
part of persons who meet the educational requirements of subdivision
(b) of Section 2914 and who have one year or more of the supervised
professional experience referenced in subdivision (c) of Section
2914, if they are employed by nonprofit community agencies that
receive a minimum of 25 percent of their financial support from any
federal, state, county, or municipal governmental organizations for
the purpose of training and providing services, provided those
persons are performing those activities as part of the duties for
which they were employed, are performing those activities solely
within the confines of or under the jurisdiction of the organization
in which they are employed and do not render or offer to render
psychological services, as defined in Section 2903. Those persons
shall be registered by the agency with the board at the time of
employment and shall be identified in the setting as a "registered
psychologist." Those persons shall be exempt from this chapter for a
maximum period of 30 months from the date of registration.
SEC. 3. Section 2910 of the Business and Professions Code is
amended to read:
2910. (a) This chapter shall not be construed to restrict the
practice of psychology on the part of persons who are salaried
employees of accredited or approved academic institutions, public
schools, or governmental agencies, if those employees are complying
with the following:
(1) Performing those psychological activities as part of the
duties for which they were hired.
(2) Performing those activities solely within the jurisdiction or
confines of those organizations.
(3) Do not hold themselves out to the public by any title or
description of activities incorporating the words "psychology,"
"psychological," or "psychologist."
(4) Are primarily gaining the supervised professional experience
required for licensure that is being accrued consistent with the
board's regulations and the employees have as the primary supervisor
a psychologist licensed in the state.
(b) Commencing January 1, 2016, an individual employed or who
becomes employed by one or more employers as described in subdivision
(a) shall be exempt under this section for a cumulative total of
five years.