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UPDATED NOTICE OF TELECONFERENCE BOARD MEETING

 

The Board of Psychology will hold a Board Meeting via WebEx

NOTE: Pursuant to the provisions of Governor Gavin Newsom’s Executive Order N-29-20, dated March 17, 2020, neither Committee member locations nor a public meeting location is provided. Public participation may be through teleconferencing as provided below. If you have trouble getting on the call to listen or participate, please call 916-574-7720.

Important Notice to the Public: The Board of Psychology will hold a public meeting via WebEx Events. To participate in the WebEx meeting, please log on to this website the day of the meeting:

July 9, 2020

https://dca-ca.webex.com/dca-ca/onstage/g.php?MTID=ee1a866b8b49eb6a7d9bacd70f7150a04

July 10, 2020

https://dca-ca.webex.com/dca-ca/onstage/g.php?MTID=e5e574a0377edc1b92fd72f8629bfa90d

Instructions to connect to the meeting can be found at the end of this agenda. Members of the public may but are not obligated to provide their names or personal information as a condition of observing or participating in the meeting. When signing into the WebEx platform, participants may be asked for their name and email address. Participants who choose not to provide their names will need to provide a unique identifier such as their initials or another alternative, so that the meeting moderator can identify individuals who wish to make public comment; participants who choose not to provide their email address may utilize a fictitious email address like in the following sample format: XXXXX@mailinator.com.

Due to potential technical difficulties, please consider submitting written comments by July 7, 2020, to bopmail@dca.ca.gov for consideration.

Thursday, July 9, 2020

Thursday, July 9, 2020

10:00 a.m. – 1:00 p.m., or until completion of business

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 at 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.

Call to Order/Roll Call/Establishment of a Quorum

President’s Welcome

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. Coronavirus (COVID-19) Update Including but not Limited to Updates on Waivers (A. Sorrick)

5. President’s Report (S. Foo)

a) Dates and Locations of 2020 Board and Committee Meetings

b) Committee Updates

6. Discussion and Possible Approval of the Board Meeting Minutes: April 17, 2020

7. Budget Report (J. Glasspiegel)

8. Public Comment Request: ASPPB's Guidelines for the Use of Social Media by Psychologists in Practice and by Psychology Regulatory Bodies

9. Licensure Committee Report and Consideration of Committee Recommendations (Harb Sheets – Chairperson, Foo, Tate)

a) Consideration of Licensure Committee Recommendations Regarding Requests for 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

b) Consideration of Licensure Committee Recommendations Regarding Requests for 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

c) Consideration of Licensure Committee Recommendations Regarding Supervision Agreement Plans for Supervised Professional Experience in Non-Mental Health Services Pursuant to Section 1387.3 of Title 16 of the California Code of Regulations

d) Consideration of Licensure Committee Recommendations Regarding Request for Continuing Education (CE) Exception pursuant to Section 1397.62(b) of Title 16 of the California Code of Regulations

10. Review and Consideration of Changes to the Board’s Administrative Procedures Manual

11. Legislative and Regulatory Affairs Report and Consideration of Committee Recommendations (Foo – Chairperson, Casuga, Phillips)

a) Board Sponsored Legislation for the 2020 Legislative Session: Review and Possible Action

1) Pathways to Licensure Statutory Revisions – Amendments to Sections 27, 2909, 2909.5, 2910, 2911, 2913, 2914, 2915, 2915.5, 2915.7, 2940, 2942, 2943, 2946, and 2960 of the Business and Professions Code, and Section 1010 of the Evidence Code.

2) SB 275 (Pan) Board of Psychology: disciplinary action: sexual contact or sexual behavior with a client or former client

b) Review and Consideration of Proposed Legislation

1) Review of Bills with Active Positions Taken by the Board

A. AB 1145 (Garcia) Child abuse: reportable conduct.

2) Review of Bills for a Position

A. AB 1263 (Low) Contracts: consumer services: consumer complaints.

B. AB 2112 (Ramos) Suicide prevention.

C. AB 2164 (Rivas, Robert) Telehealth.

D. AB 2185 (Patterson) Professions and vocations: applicants licensed in other states: reciprocity.

E. AB 2549 (Salas) Department of Consumer Affairs: temporary licenses.

F. AB 2630 (Flora) Criminal history information: subsequent arrest notification.

G. AB 2856 (Committee on Business and Professions) Board of Psychology.

H. AB 3045 (Gray) Department of Consumer Affairs: boards: veterans: military spouses: licenses.

I. SB 1474 (Committee on Business, Professions and Economic Development) Professions and Vocations

3) Review of Watch Bills

A. AB 499 (Mayes) Personal information: social security numbers: state agencies.

B. AB 613 (Low) Professions and vocations: regulatory fees.

C. AB 798 (Cervantes) Maternal mental health.

D. AB 1616 (Low) Department of Consumer Affairs: boards: expunged convictions.

E. AB 1911 (Maienschein) State agencies: veterans.

F. AB 2028 (Aguiar-Curry) State agencies: meetings.

G. AB 2093 (Gloria) Public records: writing transmitted by electronic mail: retention.

H. AB 2113 (Low) Refugees, asylees, and immigrants: professional licensing.

I. AB 2138 (Chau) California Public Records Act.

J. AB 2253 (Low) Professional licensure.

K. AB 2360 (Maienschein) Telehealth: mental health

L. AB 2438 (Chau) California Public Records Act: conforming revisions.

M. AB 2476 (Diep) Healing arts licensees.

N. AB 2631 (Cunningham) License fees: military partners and spouses.

O. AB 2704 (Ting) Healing arts: licensees: data collection.

P. SB 806 (Grove) Worker status: employees: independent contractors.

Q. SB 878 (Jones) Department of Consumer Affairs Licensing: applications: wait times.

12. 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

13. Enforcement Report (S. Monterrubio)

14. Licensing Report (S. Cheung)

15. Continuing Education and Renewals Report (J. Glasspiegel)

16. Regulatory Update, Review, and Consideration of Additional Changes (S. Foo)

a) 16 CCR Section 1396.8 – Standards of Practice for Telehealth

b) 16 CCR Sections 1391.1, 1391.2, 1391.5, 1391.6, 1391.8, 1391.10, 1391.11, 1391.12, 1392.1 – Psychological Assistants

c) 16 CCR Sections 1381.9, 1381.10, 1392 – Retired License, Renewal of Expired License, Psychologist Fees

d) 16 CCR Sections 1381.9, 1397.60, 1397.61, 1397.62, 1397.67 – Continuing Professional Development

e) 16 CCR Sections 1391.13, and 1391.14 – Inactive Psychological Assistant Registration and Reactivating a Psychological Assistant Registration

f) 16 CCR Section 1394 – Substantial Relationship Criteria; Section 1395 – Rehabilitation Criteria for Denials and Reinstatements; Section 1395.1 – Rehabilitation Criteria for Denials Suspensions or Revocations

Friday, July 10, 2020

10:00 a.m. – 1:00 p.m. or until Completion of Business

17. Call to Order/Roll Call/Establishment of a Quorum

18. 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)].

19. Enforcement Committee Report and Consideration of Committee Recommendations (Phillips – Chairperson, Cervantes)

a) Child Custody Stakeholder Meeting-Implementation Plan Update

1) Statutory Discussion Regarding Proposed Exception to Psychotherapist-Patient Privilege for Board Investigations (J. Templet)

b) Proposed Amendments to 16 CCR Sections 1394 – Substantial Relationship Criteria; 1395 – Rehabilitation Criteria for Denials and Reinstatements; 1395.1 – Rehabilitation Criteria for Suspensions or Revocations; 1395.2 – Disciplinary Guidelines and Uniform Standards Related to Substance Abusing Licensees

c) Review and Consideration of the Goal and Name of the Enforcement Committee

d) Statutory and Regulatory Update, Review, and Consideration of Additional Changes

1) 16 CCR Section 1380.6 – Display of License Number

2) 16 CCR Sections 1393 – Requirements for Psychologists on Probation

3) 16 CCR Sections 1396 – Competence; 1396.1 – Interpersonal Relations; 1396.2 – Misrepresentation; 1396.3 – Test Security; 1396.4 – Professional Identification; 1396.5 – Consumer Information; 1397 – Advertising; 1397.1 – Child Abuse Reporting requirements; 1397.2 – Other Actions Constituting Unprofessional Conduct

4) 16 CCR Sections 1397.30 – Citation; 1397.36 – Requirements for Professional Corporations; 1397.37 – Shares: Ownership and Transfer; 1397.39 – Corporate Activities; 1397.40 – Trusts

5) 16 CCR Sections 1397.50 – Citations and Fines; 1397.51 – Amount of Fines; 1397.52 – Compliance with Orders of Abatement; 1397.53 - Citations for Unlicensed Practice; 1397.54 – Contest of Citations; 1397.55 – Disconnection of Telephone Service

6) BPC Sections 2902 – Definitions; 2903 – Licensure requirement; Practice of psychology; Psychotherapy; 2903.1 – Biofeedback instruments; 2908 – Exemption of other professions; 2912 – Temporary practice by licensees of other state or foreign country

7) BPC Section 2934.1 – Posting of license status on Web site

8) BPC 2936 – Consumer and professional education in matters relevant to ethical practice; Standards of ethical conduct; Notice

9) BPC Sections 2960 – Grounds for action; 2960 (a)-(r) (o); 2960.05 – Limitations period for filing accusation against licensee; 2960.1 – Sexual contact with patient; Revocation; 2960.2 – Licensee’s physical, emotional and mental condition evaluated; 2960.5 – Mental illness or chemical dependency; 2960.6 – Actions by other states; 2961 – Scope of action; 2962 – Petition for reinstatement or modification of penalty; 2963 – Matters deemed conviction; 2964 – Report of license revocation or restoration; 2964.3 – Persons required to register as sex offender; 2964.5 – Conditions of probation or suspension; 2964.6 – Payment of probationary costs; 2965 – Conduct of proceedings; 2966 – Suspension during incarceration for felony conviction; Determination of substantial relationship of felony to functions of psychologist; Discipline or denial of license; 2969 – Penalties for failure to provide medical records; Failure to comply with court order; Multiple acts

10) BPC Sections 2970 – Violation of chapter as misdemeanor; 2971 – Injunctions

11) BPC 2985 – Renewal of suspended licenses; Reinstatement of revoked licenses, 2986 – Effect of failure to renew within prescribed time

12) BPC Section 2995 – Psychological corporation, 2996 – Violation of unprofessional conduct, 2996.1 – Conduct of practice, 2996.2 – Accrual of income to shareholder while disqualified prohibited, 2997 – Shareholders, directors and officers to be licensees, 2998 – Name, 2999 – Regulation by committee

20. Update on Telehealth Guidance (A. Sorrick)

21. 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)].

CLOSED SESSION

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

ADJOURNMENT

All times are approximate and subject to change. The meeting may be canceled or changed 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, for convenience, to accommodate speakers, or to maintain a quorum.

In the event a quorum of the committee is unable to attend the meeting, or the committee is unable to maintain a quorum once the meeting is called to order, the President or Chair of the meeting may, at his or her discretion, continue to discuss items from the agenda and to vote to make recommendations to the full board at a future meeting.

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 or its committees, at the time the item is heard, but the President or Committee Chair may, at his or her discretion, apportion available time among those who wish to speak. Board members who are present who are not members of the Committee may observe but may not participate or vote.

This meeting is being held via WebEx Events. 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. Links to agenda items, with exhibits are available at www.psychology.ca.gov , prior to the meeting date.

The goal of this committee is to advocate for legislation and develop regulations that provide for the protection of consumer health and safety. The Committee reviews, monitors and recommends positions on legislation that affects the Board, consumers, and the profession of psychology. The Committee also recommends regulatory changes and informs the Board about the status of regulatory packages.