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LEGISLATIVE ADVISORY: SB 801 (ARCHULETA) – HEALING ARTS

Attention Board of Psychology (Board) stakeholders:

Senate Bill 801 (Archuleta) Chapter 647, Statutes of 2021, was signed by Governor Newsom and becomes effective January 1, 2022. The legislation amends Business and Professions Code (BPC) Sections 27, 2911, 2913, 2914, 2915, 2915.5, 2942, 2946, 2960, repeals 2909, 2909.5, 2915.7 and 2944 and adds 2910. It also amends Evidence Code section 1010.

SUMMARY OF CHANGES:

SUNSET EXTENSION:

This law extends the statutory authority of the Board of Psychology (Board) until January 1, 2026.

REGISTERED PSYCHOLOGIST REGISTRATION:

This law eliminates the registered psychologist registration category. The Board will cancel all current registered psychologist registrations on January 1, 2022. Current registrants should make plans early and consider alternate available pathways for accruing supervised professional experience. (BPC section 2909.5, Repealed)

EXEMPTED INDIVIDUALS AND SETTINGS:

This law amends Business and Professions Code (BPC) section 2910 to include the exemptions for individuals (formerly in BPC section 2909) in addition to the exemptions for settings (BPC section 2910).

EXPANDED PATHWAY FOR ACCRUING PRE-DOCTORAL SUPERVISED PROFESSIONAL EXPERIENCE:

  • This law allows graduate students or psychology interns enrolled in a doctoral program leading to one of the degrees listed in BPC section 2914(b) to accrue pre-doctoral supervised professional experience and to be exempt from registering with the Board.
  • This law allows trainees in a post-doctoral placement approved by APA, APPIC, or CAPIC to accrue post-doctoral supervised professional experience and to be exempt from registering with the Board. (BPC section 2911)

PSYCHOLOGICAL ASSISTANT REGISTRATION:

  • This law amends the title from “registered psychological assistant” to “registered psychological associate.”
  • This law modifies the qualifying degrees and specializations that can be used toward meeting the educational requirements to become a registered psychological associate. It authorizes the Board to determine whether any degrees not listed meet the educational requirements for a registration, consistent with BPC section 2914.
  • Board-certified psychiatrists will no longer qualify as a primary supervisor for registered psychological associates. Current registrants who are under the supervision of a board-certified psychiatrist should seek the supervision of a psychologist licensed by the Board. (BPC section 2913)

PSYCHOLOGIST LICENSURE REQUIREMENTS:

  • This law modifies the qualifying degrees and specializations that can be used to meet the educational requirements for licensure as a psychologist. (BPC section 2914)
  • Relating to foreign degree evaluation, this law authorizes the Board to accept an evaluation either by a foreign credential evaluation service that is a member of the National Association of Credential Evaluation Services (NACES) or by the National Register of Health Services Psychologists (NRHSP) along with any other necessary documentation; it also specifies the information and documents that must be submitted to the Board by the foreign credential evaluation service. (BPC section 2914)
  • Relating to prelicensure coursework requirements, training in the detection and treatment of alcohol and other substance dependency is required for all applicants. (BPC section 2914) This law reduces the number of hours required for training in aging and long-term care from ten (10) hours to six (6) hours and allows applicants to comply with this requirement through applied experience and/or coursework as specified. (BPC section 2915.5) This change creates consistency with the prelicensure requirements for training in suicide risk assessment and intervention. (BPC section 4996.17.2)
  • Relating to examination requirements, existing statute provides applicants who have been licensed in another state, Canadian province, or U.S. territory for at least five (5) years do not need to submit a score transfer for their EPPP results, as specified in the relevant regulations. This law lowers the required years of licensure from five (5) years to two (2) years. (BPC section 2946)

CONTINUING PROFESSIONAL DEVELOPMENT:

This law removes the Board’s authority to provide extensions or exemptions from meeting the continuing professional development (CPD) requirements for renewal of a psychologist license. (BPC section 2915)

FILE TRANSFER FEE

This law allows the Board to charge a $10 fee to complete a file transfer. A licensee or registrant of the Board might need a file transfer when seeking licensure/registration in another state or jurisdiction. (BPC section 2987)

VOLUNTARY SURRENDER

This law allows the Board, in its discretion, to accept the offer of a surrender of a license. The Board’s acceptance of the offer of a surrender shall be in writing. A person whose license has been surrendered may petition the Board for reinstatement after a period of not less than one year after the effective date of the acceptance. (BPC section 2988.7)

DELEGATED AUTHORITY TO THE LICENSURE COMMITTEE

This law allows the Board’s Licensure Committee to consider and decide petitions for both extensions of time to gain supervised professional experience and extensions of time to hold a psychological associate registration, in closed session. (BPC section 2949) To view the text of the chaptered bill, click here: https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220SB801

Addendum

This chart clarifies whether a person needs to register with the Board to accrue supervised professional experience (SPE) based on which pathway the person uses to accrue the SPE.

A person does not need to register with the Board when enrolling in a practicum as part of the requirement of a graduate degree because that is not a pathway to accrue SPE towards licensure.

Pathways to Accrue Supervised Professional Experience (SPE)

Authorizing Statute

Does that Pathway Require Registration with the Board to Accrue the SPE?

Prior to
January 1, 2022

Beginning on
January 1, 2022

  1. Graduate student or psychology intern enrolled in a doctoral program leading to one of the degrees listed in BPC § 2914(b)
Business and Professions Code (BPC) § 2911 Yes No, as long as the internship is part of the requirement of a doctoral degree listed in BPC § 2914(b).

Provide 1) proof of internship enrollment on official transcript, and 2) a copy of the official internship placement contract with the start and end date along with an application for licensure. Without such proof of registration-exempt status, it is considered unlicensed practice.

  1. Formal internship placement overseen by the American Psychological Association (APA), the Association of Psychology Postdoctoral and Internship Centers (APPIC), or the California Psychology Internship Council (CAPIC)
BPC § 2911   No

Provide proof of formal internship placement (e.g., a copy of the placement contract with the start and end date), along with an application for licensure. Without such proof of registration-exempt status, it is considered unlicensed practice.

No

Provide proof of formal internship placement (e.g., a copy of the placement contract with the start and end date), along with an application for licensure. Without such proof of registration-exempt status, it is considered unlicensed practice.

  1. Formal post-doctoral placement approved by APA, APPIC, or CAPIC
BPC § 2911 No

Provide proof of formal post-doctoral placement (e.g., a copy of the placement contract with the start and end date), along with an application for licensure. Without such proof of registration-exempt status, it is considered unlicensed practice.

No

Provide proof of formal post-doctoral placement (e.g., a copy of the placement contract with the start and end date), along with an application for licensure. Without such proof of registration-exempt status, it is considered unlicensed practice.

  1. Exempt Settings
BPC § 2910(a)-(b) No No
  1. Waiver
Welfare and Institutions Code (WIC) § 5751.2 No

Provide a copy of the approved waiver along with an application for licensure. Without such proof of registration-exempt status, it is considered unlicensed practice.

No

Provide a copy of the approved waiver along with an application for licensure. Without such proof of registration-exempt status, it is considered unlicensed practice.

  1. Registered Psychological Associate (title effective on January 1, 2022, formerly “Psychological Assistant”)
BPC § 2913 Yes Yes
  1. Registered Psychologist
BPC § 2909.5 Yes This is not a valid pathway. Individuals should consider other available pathways to accrue SPE.
  1. Enrollment in a practicum as required for a graduate degree does NOT accrue SPE
  Registration not required because this is not a valid pathway to accrue SPE. This is not a valid pathway.  Individuals should consider other available pathways to accrue SPE.