AB 705, as introduced, 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, and specify that those persons are not restricted or prevented from conducting activities of a psychological nature or using the official title of their position provided that they do not offer to render psychological services, as specified.
Existing law also provides that the Psychology 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 things, the person does not provide direct health or mental health services.
This bill would instead provide that the 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, and would delete the prohibition on providing direct health or mental health services. The bill would additionally require an employee of an accredited or approved academic institution, public school, or governmental agency to primarily be gaining the supervised professional experience required for licensure, as specified, in order to practice psychology without a license. The bill would exempt those persons from licensure for no more than 5 years from the date of employment.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 2909 of the Business and Professions
2Code is amended to read:
begin deleteNothing in this end deletebegin insertThis end insertchapter shallbegin insert notend insert be construed as
4restricting or preventing activities of a psychological nature or the
5use of the official title of the position for which they were
6employed on the part of the following persons, provided those
7persons are performing those activities as part of the duties for
8which they were employed, are performing those activities solely
9within the confines of or under the jurisdiction of the organization
10in which they are employed and do not offer to render or render
11
psychological services as defined in Section 2903begin delete to the public for :
12a fee, monetary or otherwise, over and above the salary they receive
13for the performance of their official duties with the organization
14in which they are employedend delete
P3 1(a) Persons who hold a valid and current credential as a school
2psychologist issued by thebegin delete Californiaend deletebegin insert Stateend insert Department of
3Education.
4(b) Persons who hold a valid and current credential as a
5psychometrist issued by thebegin delete Californiaend deletebegin insert
Stateend insert Department of
6Education.
7(c) Personsbegin insert who areend insert employed in positions as psychologists or
8psychologicalbegin delete assistants, or in a student counseling service,end delete
9begin insert assistantsend insert by accredited or approved colleges, junior colleges or
10universities;begin insert byend insert federal, state, county or municipal governmental
11organizationsbegin delete whichend deletebegin insert thatend insert are not
primarily involved in the provision
12of direct health or mental healthbegin delete services. However, those persons begin insert
services;
13may, without obtaining a license under this act, consult orend delete
14or in a private setting that is not primarily involved in the provision
15of direct health or mental health services. Those persons may
16conduct research andend insert
disseminate their research findings and
17scientificbegin delete information to other such accredited or approved begin insert information.end insert They
18academic institutions or governmental agencies.end delete
19may also offer lectures to the public for a fee, monetary or
20otherwise, without being licensed under this chapter.
21(d) Persons who meet the educational requirements of
22subdivision (b) of Section 2914 and who have one year or more
23of the supervised professional experience referenced in subdivision
24(c) of Section 2914, if they are employed by nonprofit community
25agencies that receive a minimum of 25 percent of their financial
26support from any federal, state, county, or municipal governmental
27organizations for the purpose of training and providing services.
28Those persons shall be registered by the agency with the board at
29the time of employment and shall be identified in the setting as a
30“registered psychologist.” Those persons shall be exempt from
31this chapter for a maximum period of 30 months from the date of
32registration.
Section 2909.5 is added to the Business and Professions
34Code, to read:
This chapter shall not be construed as restricting or
36preventing activities of a psychological nature or the use of the
37official title of the position for which persons were employed on
38the part of persons who meet the educational requirements of
39subdivision (b) of Section 2914 and who have one year or more
40of the supervised professional experience referenced in subdivision
P4 1(c) of Section 2914, if they are employed by nonprofit community
2agencies that receive a minimum of 25 percent of their financial
3support from any federal, state, county, or municipal governmental
4organizations for the purpose of training and providing services,
5provided those persons are performing those activities as part of
6the duties for which they were employed, are performing those
7activities solely within the confines of or under the jurisdiction of
8the
organization in which they are employed and do not offer to
9render or render psychological services as defined in Section 2903.
10Those persons shall be registered by the agency with the board at
11the time of employment and shall be identified in the setting as a
12“registered psychologist.” Those persons shall be exempt from
13this chapter for a maximum period of 30 months from the date of
14registration.
Section 2910 of the Business and Professions Code is
16amended to read:
begin deleteNothing in this end deletebegin insert(a)end insertbegin insert end insertbegin insertThis end insertchapter shallbegin insert notend insert be construed
18to restrictbegin delete or prevent activities of a psychological natureend deletebegin insert the
19practice of psychologyend insert on the part of persons who are salaried
20employees of accredited or approved academic institutions, public
21schoolsbegin insert,end insert
or governmental agencies, provided:
22(a)
end delete
23begin insert(1)end insert Such employees are performing such psychological activities
24as part of the duties for which they werebegin delete hired;end deletebegin insert hired.end insert
25(b)
end delete
26begin insert(2)end insert Such employees are performing those activities solely within
27the jurisdiction or confines of suchbegin delete organizations;end deletebegin insert organizations.end insert
28(c)
end delete
29begin insert(3)end insert Suchbegin delete personsend deletebegin insert employeesend insert do not hold themselves out to the
30public by any title or description of activities incorporating the
31words “psychology,”
“psychological,” “psychologist,”
32“psychometry,” “psychometrics” orbegin delete “psychometrist”;end delete
33begin insert “psychometrist.”end insert
34(d)
end delete
35begin insert(4)end insert Suchbegin delete personsend deletebegin insert
employeesend insert do not offer their services to the
36public for a fee, monetary orbegin delete otherwise;end deletebegin insert otherwise.end insert
37(e) Such persons do not provide direct health or mental health
38services.
39(5) Such employees are primarily gaining the supervised
40professional experience required for licensure that is being accrued
P5 1consistent with the board’s regulations and the employees have
2as the primary supervisor a psychologist licensed in the state.
3(b) The limited exception granted under this section may not
4exceed five years from the date of employment.
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