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BOARD MEETING
State Capitol, Room 112
Sacramento, CA 95814
(916) 324-0333

February 15-16, 2018

Board Members
Stephen Phillips, JD, PsyD, President
Nicole J. Jones, Vice-President
Lucille Acquaye-Baddoo
Alita Bernal
Sheryll Casuga, PsyD
Michael Erickson, PhD
Seyron Foo
Jacqueline Horn, PhD

Legal Counsel
Norine Marks

Board Staff
Antonette Sorrick, Executive Officer
Jeffrey Thomas, Assistant Executive Officer
Sandra Monterrubio, Enforcement Program Manager
Cherise Burns, Central Services Coordinator
Stephanie Cheung, Licensing Unit Manager
Curtis Gardner, Probation Coordinator
Jason Glasspiegel, Central Services Coordinator
Natasha Lim, BreEZe and Licensing Coordinator
Liezel McCockran, Continuing Education and Renewals Coordinator

The Board plans to webcast this meeting on its website. Webcast availability cannot, however, be guaranteed due to limitations on resources or technical difficulties that may arise. If you wish to participate or to have a guaranteed opportunity to observe, please plan to attend at a physical location. Adjournment, if it is the only item that occurs after a closed session, may not be webcast. A link to the webcast will be available on the Board’s Website at 9:00 a.m. February 15, 2018, or you may access it at: https://thedcapage.wordpress.com/webcasts/. Links to agenda items with attachments are available at www.psychology.ca.gov, prior to the meeting date, Thursday, February 15, 2018.

Thursday, February 15, 2018

9:00 a.m. – OPEN SESSION

Unless noticed for a specific time, items may be heard at any time during the period of the Board meeting.

The Board welcomes and encourages public participation in its meetings. The public may take appropriate opportunities to comment on any issue before the Board at the time the item is heard. If public comment is not specifically requested, members of the public should feel free to request an opportunity to comment.

  1. Call to Order/Roll Call/Establishment of a Quorum
  2. President’s Welcome
  3. Public Comment for Items not on the Agenda. Note: The Board May Not Discuss or Take Action on Any Matter Raised During this Public Comment Section, Except to Decide Whether to Place the Matter on the Agenda of a Future Meeting [Government Code sections 11125 and 11125.7(a)]
  4. Approval of Board Meeting Minutes: November 16-17, 2017
  5. Budget Report (J. Glasspiegel/M. Ito) - attachment A attachment B attachment C attachment D
  6. Executive Officer’s Report (A. Sorrick)
  7. DCA Executive Update

    8. 9:30 a.m. - Petition Hearing

  8. Petition for Early Termination of Probation – David Jimenez, PhD

    9. 11:30 a.m. - Petition Hearing

  9. Petition for Early Termination of Probation – Kenneth Kaisch, PhD

    10. BREAK FOR LUNCH (TIME APPROXIMATE)

    1:00 p.m. - Petition Hearing

  10. Petition for Early Termination of Probation – Christopher Sanders, PhD
  11. CLOSED SESSION

    12. The Board will Meet in Closed Session Pursuant to Government Code Section 11126(c)(3) to Discuss Disciplinary Matters Including the ABove Petitions, Petitions for Reconsideration, Stipulations, and Proposed Decisions.

    RETURN TO OPEN SESSION

    RECESS FOR THE DAY

    Friday, February 16, 2018

    9:00 a.m. – Call to Order/Roll Call/Establishment of a Quorum

  12. Public Comment for Items not on the Agenda. Note: The Board May Not Discuss or Take Action on Any Matter Raised During this Public Comment Section, Except to Decide Whether to Place the Matter on the Agenda of a Future Meeting [Government Code sections 11125 and 11125.7(a)]
  13. Enforcement Report (S. Monterrubio)
  14. Enforcement Committee Report and Consideration of Committee Recommendations (Acquaye-Baddoo – Chairperson, Phillips)
    1. Amendments to 16 CCR Section 1395.2 - Disciplinary Guidelines
    2. Proposed Amendments to Complaint form
    3. Proposed Amendments to Case Acknowledgement and Closure Letters

    15. BREAK FOR LUNCH (TIME APPROXIMATE)

  15. Review and Consider Draft “Therapy Never Includes Sexual Behavior” Brochure (S. Monterrubio)
  16. Licensing Report (S. Cheung/N. Lim) attachment A attachment B attachment C
  17. Continuing Education and Renewals Report (L. McCockran) - 17(a) 17(b) 17(c) 17(d) Memo
  18. Licensing Committee Report and Consideration of Committee Recommendations (Horn – Chairperson, Foo, Phillips)
    1. Pathways to Licensure:
      1. Proposed Amendments to Business and Professions Code: §§ 25, 28, & 2915.5 (Training in Human Sexuality, Child, Elder, and Dependent Adult ABuse Assessment and Reporting, and Aging and Long-term Care);
        • § 27 (Disclosure of Information);
        • § 2903 (Licensure Requirements);
        • §§ 2909, 2909.5, 2910, & 2911 (Exemptions);
        • § 2913 (Psychological Assistant);
        • § 2914 (Applicant’s Requirement);
        • § 2915 (Continuing Professional Development);
        • §§ 29 & 2915.7 (Continuing Education: Chemical Dependency and Alcoholism and Aging and Long-term Care)
        • §§ 2940 & 2941 (Application and Examination Fees);
        • §§ 2942, 2943, & 2944 (Examination Time and Subjects);
        • § 2946 (Reciprocity and Temporary Practice);
        • § 2948 (Issuance of License); and
        • § 2960 (Grounds for Disciplinary Action)
      2. Proposed Amendments to Title 16 of the California Code of Regulations:
        • § 1380.3 (Definitions);
        • §§ 1381, 1381.1, & 1381.2 (Applications);
        • § 1381.4 (Failure to Appear for an Examination);
        • § 1381.5 (Failure to Pay Initial License Fee);
        • § 1381.6 (Permit Processing Times);
        • §§ 1382, 1382.3, 1382.4, 1382.5, & 1382.6 (Pre-licensing Courses);
        • § 1386 (Evaluation of Education);
        • § 1387 (Supervised Professional Experience);
        • §§ 1387.1 & 1387.2 (Qualifications of Primary and Delegated Supervisors);
        • § 1387.3 (Non-Mental Health Services);
        • § 1387.4 (Out-of-State Experience);
        • § 1387.5 (SPE Log);
        • §§ 1388, 1388.6, 1389, & 1389.1 (Examinations-Waiver/Reconsideration);
        • §§ 1387.7, 1390, 1390.1, 1390.2, & 1390.3 (Registered Psychologists);
        • §§ 1387.6, 1391, 1391.1, 1391.2, 1391.3, 1391.4, 1391.5, 1391.6, 1391.7, 1391.8, 1391.10, 1391.11, & 1391.12 (Psychological Assistants);
        • § 1392.1 (Psychological Assistant Fees); and
        • § 1397.71 (CE Provider Status)
    2. Consideration of Licensing Committee Recommendations Regarding an Extension of the 72-Month Registration Period Limitation for Registered Psychological Assistant Pursuant to Section 1391.1(b) of Title 16 of the California Code of Regulations PSB-1 PSB-2 PSB-3 PSB-4
    3. Consideration of Licensing Committee Recommendations Regarding an Extension of the 30-consecutive Month Limitation to Accrue 1500 Hours of Post-Doctoral Supervised Professional Experience Pursuant to Section 1387(a) of Title 16 of the California Code of Regulations
    4. Consider and Possible Approval of Licensing Committee Recommendation Regarding Supervision Agreement Plans for Supervised Professional Experience in Non-Mental Health Services Pursuant to Section 1387.3 of the California Code of Regulations
    5. Retired Psychologist License: Consideration of revisions to proposed 16 CCR Sections 1381.9, 1381.10, and 1392 related to the issuance of a License in Retired Status
  19. Examination Subject Matter Expert (SME) Qualifications Presentation (L. Snyder)
  20. Legislative Update (N. Jones)
    1. Board Sponsored Legislation
      1. Omnibus Legislative Proposal to Amend Sections 337 and 728 of the Business and Professions Code Regarding the Brochure Addressing Sexual Contact Between a Psychotherapist and a Patient - attachment A attachment B
    2. Review and Consideration of Board Recommendations on Legislation:
      1. Bills on Which the Board has Taken an Active Position
        1. AB 244 (Cervantes) – Maternal Mental Health
        2. AB 710 (Wood) – Department of Consumer Affairs: boards: meetings
        3. SB 572 (Stone) – Healing Arts Licensees: Violations: Grace Period
      2. Watch Bills
        • A. AB 12 (Cooley) – State Government: Administrative Regulations: Review
        • B. AB 93 (Medina) – Healing Arts: Marriage and Family Therapists: Clinical Social Workers: Professional Clinical Counselors: Required Experience and Supervision
        • C. AB 148 (Mathis) – California Physician Corps Program: Practice Setting
        • D. AB 266 (Thurmond) – Inmates: Housing Assignments
        • E. AB 349 (McCarty) – Civil Service: Veterans’ Preferences: Special Immigrant Visas
        • F. AB 387 (Thurmond) – Minimum Wage: Health Professions: Interns
        • G. AB 451 (Arambula) – Health Facilities: Emergency Services and Care
        • H. AB 456 (Thurmond) – Healing Arts: Associate Clinical Social Workers
        • I. AB 473 (Waldron) – Mental Health: Criminal Justice: Pilot Project
        • J. AB 477 (Ridley-Thomas) – Behavioral Health Stakeholder Advisory Panel
        • K. AB 488 (Kiley) – Mental Health Services Act
        • L. AB 620 (Holden) – Prisoners: Trauma Informed Therapy
        • M. AB 689 (Obernolte) – Juvenile Proceedings: Competency
        • N. AB 700 (Jones-Sawyer) – Public Health: Alcoholism or Drug ABuse Recovery: Substance Use Disorder Counseling
        • O. AB 704 (Grayson) – Multidisciplinary Teams: Human Trafficking and Domestic Violence
        • P. AB 767 (Quirk-Silva) - Master Business License Act.
        • Q. AB 800 (Chiu) – Hate Crimes: Hotline
        • R. AB 827 (Rubio) – Department of Consumer Affairs: Task Force: Foreign-Trained Professionals
        • S. AB 835 (Dababneh) – Consumer Affairs: Licenses: Prohibited Acts
        • T. AB 1005 (Calderon) Professions and Vocations: Fines: Relief
        • U. AB 1061 (Gloria) – Victim’s Restitution
        • V. AB 1116 (Grayson) – Peer Support and Crisis Referral Services Act
        • W. AB 1134 (Gloria) – Mental Health Services Oversight and Accountability Commission: Fellowship Program
        • X. AB 1136 (Eggman) – Health Facilities: Residential Mental or Substance Use Disorder Treatment
        • Y. SB 8 (Beall) – Diversion: Mental Disorders
        • Z. SB 27 (Morrell) – Professions and Vocations: Licenses: Military Service
        • AA. SB 142 (Beall) – Criminal Offenders: Mental Health
        • BB. SB 181 (Berryhill) – Administrative Procedure Act: Repeal of Regulations
        • CC. SB 191 (Beall) – Pupil Health: Mental Health and Substance Use Disorder Services
        • DD. SB 215 (Beall) – Incarcerated Persons: Victim Advocates
        • EE. SB 399 (Portantino) – Health Care Coverage: Pervasive Development Disorder
        • FF. SB 538 (Monning) – Hospital Contracts
        • GG. SB 715 (Newman) – Department of Consumer Affairs: Regulatory Boards: Removal of Board Members
        • HH. SB 762 (Hernandez) – Healing Arts Licensee: License Activation Fee: Waiver
  21. Legislative Items for Future Meeting. The Board May Discuss Other Items of Legislation in Sufficient Detail to Determine Whether Such Items Should be on a Future Board Meeting Agenda and/or Whether to Hold a Special Meeting of the Board to Discuss Such Items Pursuant to Government Code Section 11125.4
  22. Overview Presentation of the Legislative Process (C. Burns) - attachment A attachment B
  23. Regulatory Update, Review, and Consideration of Additional Changes (N. Jones)
    1. 16 CCR Sections 1391.1, 1391.2, 1391.5, 1391.6, 1391.8, 1391.10, 1391.11, 1391.12, 1392.1 – Psychological Assistants
    2. 16 CCR Section 1396.8 – Standards of Practice for Telehealth
    3. 16 CCR Sections 1381.9, 1381.10, 1392 – Retired License, Renewal of Expired License, Psychologist Fees
    4. 16 CCR Sections 1381.9, 1397.60, 1397.61, 1397.62, 1397.67 – Continuing Professional Development
  24. Outreach Update (A. Bernal)
    1. Strategic Plan
    2. Communications Plan - Memo
    3. Website
    4. Social Media
    5. Newsletter
    6. Outreach Activities
  25. President’s Report (S. Phillips)
    1. 2018 Meeting Calendar and Locations
    2. Committee Updates
  26. Election of Officers
  27. Recommendations for Agenda Items for Future Board Meetings. Note: The Board May Not Discuss or Take Action on Any Matter Raised During This Public Comment Section, Except to Decide Whether to Place the Matter on the Agenda of a Future Meeting [Government Code Sections 11125 and 11125.7(a)]

ADJOURNMENT

Except where noticed for a time certain, all times are approximate and subject to change. The meeting may be canceled without notice. For verification, please check the Board’s Web site at www.psychology.ca.gov, or call (916) 574-7720. Action may be taken on any item on the agenda. Items may be taken out of order, tabled or held over to a subsequent meeting, and items scheduled to be heard on Thursday may be held over to Friday, items scheduled to be heard on Friday may be moved up to Thursday, for convenience, to accommodate speakers, or to maintain a quorum.

In the event a quorum of the Board is unable to attend the meeting, or the Board is unable to maintain a quorum once the meeting is called to order, the president may, at his discretion, continue to discuss items from the agenda and to vote to make recommendations to the full board at a future meeting [Government Code section 11125(c)].

Meetings of the Board of Psychology are open to the public except when specifically noticed otherwise in accordance with the Open Meeting Act. The public may take appropriate opportunities to comment on any issue before the Board at the time the item is heard, but the President may, at his discretion, apportion available time among those who wish to speak.

The meeting is accessible to the physically disabled. A person who needs a disability-related accommodation or modification in order to participate in the meeting may make a request by contacting Antonette Sorrick, Executive Officer, at (916) 574-7720 or email bopmail@dca.ca.gov or send a written request addressed to 1625 N. Market Boulevard, Suite N-215, Sacramento, CA 95834. Providing your request at least five (5) business days before the meeting will help ensure availability of the requested accommodation.

The Board of Psychology advances quality psychological services for Californians by ensuring ethical and legal practice and supporting the evolution of the profession.