Bill Text: CA SB275 | 2019-2020 | Regular Session | Introduced

California Senate Bill 275 (Prior Session Legislation)

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

Bill Title: Health Care and Essential Workers: personal protective equipment.

Sponsorship: Partisan Bill (Democrat 3)

Status: (Passed) 2020-09-29 - Chaptered by Secretary of State. Chapter 301, Statutes of 2020. [SB275 Detail]

Download: California-2019-SB275-Introduced.html

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Senate Bill

No. 275

Introduced by Senator Pan

February 13, 2019

An act to amend Section 2960.1 of the Business and Professions Code, relating to healing arts.

LEGISLATIVE COUNSEL'S DIGEST

SB 275, as introduced, Pan. Psychologist: prohibition against sexual behavior.

Existing law, the Psychology Licensing Law, requires the Board of Psychology to license and regulate the practice of psychology. The Psychology Licensing Law authorizes the board to refuse to issue a registration or license, to issue a registration or license with terms and conditions, or to revoke the registration or license if the applicant, registrant, or licensee has been guilty of unprofessional conduct, which includes an 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, psychological assistant, or registered psychologist. The Psychology Licensing Law, as an exception to this authorizing provision, 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 with a former patient within 2 years following termination of therapy. The Psychology Licensing Law prohibits the administrative law judge from staying the revocation.

This bill additionally would require an order of revocation of a registration or license to be included in a specified decision or proposed decision that contains a finding of fact that the licensee or registrant engaged in sexual behavior, as defined, with a client, or with a former client within 2 years following termination of therapy. The bill would authorize the board to stay the revocation required pursuant to the existing law provision or the provision proposed by the bill.

Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO

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

SECTION 1.

Section 2960.1 of the Business and Professions Code is amended to read:

2960.1.

(a) Notwithstanding Section 2960, any proposed decision or decision issued under this chapter in accordance with the procedures set forth in Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, that contains any finding of fact that the licensee or registrant engaged in any act of sexual contact, as defined in Section 728, or sexual behavior, as defined in subdivision (b), when that act is with a ~~patient,~~ client, or with a former ~~patient~~ client within two years following termination of therapy, shall contain an order of revocation. The revocation shall not be stayed by the administrative law ~~judge.~~ judge, but may be stayed by the board.

(b) For purposes of this section, “sexual behavior” means inappropriate contact or communication of a sexual nature for the purpose of sexual arousal, gratification, exploitation, or abuse. “Sexual behavior” does not include the provision of appropriate therapeutic interventions relating to sexual issues.