BILL ANALYSIS Ó AB 773 Page 1 Date of Hearing: April 14, 2015 ASSEMBLY COMMITTEE ON BUSINESS AND PROFESSIONS Susan Bonilla, Chair AB 773 (Baker) - As Introduced February 25, 2015 SUBJECT: Psychology licensing. SUMMARY: Changes the expiration date of a psychologist's license from the licensee's birthdate to two-years after the date of issuance. EXISTING LAW 1) Establishes the Psychology Licensing Law which provides for the licensure and regulation of licensed Psychologists. (Business and Professions Code (BPC) Section 2901 et seq.) 2) Requires an applicant for licensure as a psychologist to comply with the following requirements: (BPC Section 2914) a) Not be subject to denial, as specified; b) Possess an earned doctorate degree, as specified; c) Have engaged for at least two years in supervised professional experience under the direction of a licensed psychologist; AB 773 Page 2 d) Take and pass an examination, as specified; and, e) Show by evidence satisfactory to BOP that he or she has completed training in the detection and treatment of alcohol and other chemical dependency, as specified. 3) States that all licenses expire and become invalid at midnight on the last day of February, 1980, and thereafter expire at midnight of the legal birth date of the licensee during the second year of a two-year term if not renewed. (BPC Section 2982) 4) Requires the Board of Psychology (BOP) to establish regulations for the administration of the birth date renewal program including the establishment of a pro rata formula for the payment of fees by licentiates affected by the implementation of that program, and the establishment of a staggered license application system so that a relatively equal number of licensees expire annually. (BPC Section 2982) THIS BILL 1)Deletes the current birthdate renewal system for a psychologist's license. 2)Provides that a psychologist's license will expire at midnight on the last date of a two-year period from the date the license was issued. 3)Deletes the requirement for the BOP to establish regulation procedures for the birthdate renewal program as specified. AB 773 Page 3 FISCAL EFFECT: Unknown. This bill is keyed fiscal by the Legislative Counsel. COMMENTS 1)Purpose. This bill is sponsored by the BOP . According to the author, "This bill will amend [BPC] Section 2982, which addresses the renewal and expiration of psychology licenses under the [BOP's] birth date renewal system. The bill would replace the current birth date renewal system with a new system in which licenses will expire at midnight on the last date of a two-year period following the initial issuance date. This bill will provide clarity and consistency for psychology licensure." 2)Background. This bill will revise the BOP's current licensure renewal program by specifying that a psychologist's license will expire at midnight on the last day of a two-year period from when the license was issued as opposed to the current system which requires a license to expire on the licensee's birthdate. Licensure Requirements. Licensed psychologists are required to obtain a doctoral degree from an accredited institution in psychology, educational psychology or in a field specializing in counseling psychology or educational psychology. Psychologists are required to complete 3000 hours (minimum two-years) of supervised experience, of which 1500 must be completed after obtaining a doctoral degree. Current license holders are required to renew their license every two-years based on their birth date. AB 773 Page 4 Birthdate Renewal for Licensure. The BOP utilizes the birth date renewal system for its licensing population which was implemented more than 20 years ago. The birth date renewal system was intended to spread out the BOP's revenue and work flow with respect to processing renewal applications during peak application times. In the past, the BOP conducted an oral examination which was offered only twice a year. As a result of the limited examination offerings, an abundance of applications would be received and processed at one time, with a high volume of renewals to follow two-years later. The birth date renewal program would help to spread this workload out across the year as birthdates vary greatly. However, the current birth date renewal program does not offer a prorated license fee for initial licenses. According to the sponsor, when a licensed is issued by the BOP, to maintain the birth date renewal system, the license is issued for a period of between 12 and 24 months based on the issue date and the licensee's birth month. For example, if a license is issued March 26, 2014 and the licensee has a February birthday, the license will expire on February 29, 2016 (or 23 months and 5 days); however, if the license is issued March 26, 2014 and the licensee has a March birthday, the license will expire on March 31, 2015 (only 12 months and five days from issuance) and both licensees would pay the same initial license fee and renewal fee of $400 regardless if the license has been issued for between 12 and 24 months. This bill will change the renewal date cycle, thereby placing all licensed psychologists on the same renewal cycle which will be based on issuance dates rather than birthdates. This should alleviate the concerns of any new licensee who is paying the full licensure fee for an abbreviated initial licensing timeframe. AB 773 Page 5 Currently, there are a number of licensing boards under the Department of Consumer Affairs who utilize a birth date renewal system including the Acupuncture Board, the Board of Occupational Therapy, the Dental Board, the Medical Board, the Physical Therapy Board, the Veterinarian Medical Board, and the Board of Occupational Therapy. The BOP reports that it issues anywhere between 50 to 80 initial licenses per month, approximately 20 a week, and they do not anticipate a significant workload increase as a result of this bill. AB 483 (Patterson) of the current legislative session, attempts to change the initial licensing fee for the above mentioned entities by requiring the initial license to be prorated based on the length of the initial license. This bill is different from AB 483, because it will completely delete the birth date renewal for the psychology licensees. 3)Current Related Legislation. AB 483 (Patterson) of the current legislative session would require fees imposed, as specified, for an initial license, an initial temporary or permanent license, or an original license to be prorated on a monthly basis. STATUS: This bill is pending in the Assembly Committee on Business and Professions. AB 773 Page 6 4)Prior Related Legislation. AB 1758 (Patterson) of 2014 would have required the initial license fee for the following licensing categories to be prorated on a monthly basis: dentists; dental hygienists; physicians and surgeons; hearing aid dispensers; occupational therapists; physical therapists; psychologists; veterinary technicians; veterinarians; acupuncturists; and architects. NOTE: This bill was held in the Senate Appropriations Committee. SB 2014 (Machado) of 2002 would have directed the MBC to prorate its annual licensing fees in cases where the initial licensure period is less than two years, and deleted an obsolete oral examination fee authority. NOTE: This bill was held in the Senate Appropriations Committee. SB 1045 (Murray) of 2000 would have directed the MBC to prorate its annual licensing fees in cases where the initial licensure period is less than two years. NOTE: This bill was held in the Senate. SB 663 (Maddy), Chapter 626, Statutes of 1992, authorized the VMB to adopt regulations for the waiver or refund of initial registration fees if the registration is issued less than 45 days before it will expire. NOTE: This bill was held on the Senate Floor. ARGUMENTS IN SUPPORT The BOP writes in support, "[This bill], which will ensure initial psychologist licenses expire two years from the initial issuance date. First time licensees of the [BOP] are currently paying the full license amount for their license when they are not always receiving that license for the complete two-year AB 773 Page 7 period.?The establishment of an initial license period that is always 24 months will stop these licensees paying a full fee for an abbreviated license period." ARGUMENTS IN OPPOSITION None on file. REGISTERED SUPPORT / OPPOSITION: Support The California Board of Psychology (sponsor) The California Psychological Association Opposition None on file. Analysis Prepared by:Elissa Silva / B. & P. / (916) 319-3301 AB 773 Page 8