Amended
IN
Assembly
July 07, 2021 |
Amended
IN
Assembly
June 17, 2021 |
Amended
IN
Senate
April 13, 2021 |
Introduced by Senators Archuleta and Roth |
February 19, 2021 |
Existing law, the Licensed Marriage and Family Therapist Act (LMFTA), provides for the licensure, registration, and regulation of marriage and family therapists and associate marriage and family therapists by the Board of Behavioral Sciences. The Educational Psychologist Practice Act (EPPA) provides for the licensure and regulation of educational psychologists by the board. The Social Work Licensing Law (SWLL) provides for the licensure, registration, and regulation of clinical social workers and associate clinical social workers by the board. The Licensed Professional Clinical Counselor Act (LPCCA) provides for the licensure, registration, and regulation of professional clinical counselors and associate professional clinical counselors by the board. A
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.
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 to the public, 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.
(d)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.
Each applicant for licensure shall comply with all of the following requirements:
(a)Is
(c)(1)On or after January 1, 2020, possess an earned doctorate degree in psychology, in educational psychology,
or in education with the field of specialization in counseling psychology or educational psychology from a college or institution of higher education that is accredited by a regional accrediting agency recognized by the United States Department of Education. Until
(2)Paragraph (1) does not apply
to any student who was enrolled in a doctoral program in psychology, educational psychology, or in education with the field of specialization in counseling psychology or educational psychology at a nationally accredited or approved institution as of December 31,
2016.
(3)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.
(4)
(d)
(e)Take
(f)Show by evidence satisfactory to the board that he or she has completed
(g)(1)Show by evidence satisfactory to the board that he or she has completed
(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.
(h)Until January 1, 2020, 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.
(1)Professional.
(2)Academic.
(d)(1)The board shall require a licensed psychologist who began graduate study prior to January 1, 2004, to take a continuing education course during his or her first renewal period after the operative date of this section in spousal or partner abuse assessment, detection, and intervention strategies, including community resources, cultural factors, and same gender
abuse dynamics. Equivalent courses in spousal or partner abuse assessment, detection, and intervention strategies taken prior to the operative date of this section or proof of equivalent teaching or practice experience may be submitted to the board and at its discretion, may be accepted in satisfaction of this requirement.
(2)Continuing education courses taken pursuant to this subdivision shall be applied to the 36 hours of approved continuing professional development required under subdivision (a).
(e)
(f)
(g)The board may grant an exemption, or an extension of the time for compliance with, from the continuing professional development requirement of this section.
(h)
(b)Coursework taken in fulfillment of other educational requirements for licensure pursuant to this chapter, or in a separate course of study, may, at the discretion of the board, fulfill the requirements of this section.
(c)
(d)The board shall not issue a license to the applicant until the applicant has met the requirements of this section.
(a)A licensee who began graduate study prior to January 1, 2004, shall complete a three-hour continuing education course in aging and long-term care during his or her first renewal period after the operative date of this section, and shall submit to the board evidence acceptable to the board of the person’s satisfactory completion of that course.
(b)The course should include, but is not limited to, the biological, social, and psychological aspects of aging. On and after January 1, 2012, this coursework shall include instruction on the assessment and reporting of, as well as treatment related to, elder and dependent adult abuse and neglect.
(c)Any person seeking to meet the requirements of subdivision (a) of this section may submit to the board a certificate evidencing completion of equivalent courses in aging and long-term care taken prior to the operative date of this section, or proof of equivalent teaching or practice experience. The board, in its discretion, may accept that certification as meeting the requirements of this section.
(d)The board may not renew an applicant’s license until the applicant has met the requirements of this section.
(e)A licensee whose practice does not include the direct provision of mental health services may apply to the board for an exception to the requirements of this section.
Examinations for a psychologist’s license may be conducted by the
The board shall grade the written examination and keep the written examination papers for at least one year, unless a uniform examination is conducted pursuant to Section 2942.
(B)
The
(3)A plea or verdict of guilty or a conviction following a plea of nolo contendere made to a charge substantially related to the qualifications, functions, or duties of a licensee under this chapter shall be deemed to be a conviction within the meaning of this section.
(B)
(B)
(D)
(E)
(F)
(G)
(H)
(I)
(D)
(E)
(F)
(G)
(H)
(I)
(J)
(K)
(h)A person registered with the Board of Psychology as a registered psychologist who is under the supervision of a licensed psychologist or board certified psychiatrist.
(i)
(j)
(k)
(l)
(m)
(n)
(o)
(p)
Restricting