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NOTE: The Board will hold this public meeting through teleconferencing and will make this public meeting accessible telephonically to all members of the public seeking to observe and to address the state body, pursuant to Gov. Code § 11133 as added by AB 361.

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.

Thursday, November 18, 2021

AGENDA

9:30 a.m. – 4:00 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.

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. Executive Officer’s Report (A. Sorrick)
   1. Personnel Update
   2. COVID-19 Update
5. President’s Report (S. Foo)
   1. Dates and Locations of 2022 Board and Committee Meetings
   2. Committee Updates
6. Discussion and Possible Approval of the Board Meeting Minutes: August 27, 2021
7. Department of Consumer Affairs (DCA) Update
8. Budget Report (J. Glasspiegel)
9. Outreach and Communications Committee Report and Consideration of and Possible Action on Committee Recommendations (Tate – Chairperson, Rescate, Rodgers)
   1. Strategic Plan Action Plan Update
   2. Social Media Update
   3. Website Statistics Update
   4. Update on Newsletter
   5. Outreach Activities Update
   6. Updates on Communications and/or Activities of the Association of State and Provincial Psychology Boards (ASPPB)
   7. Discuss and Develop Plan to Update “For Your Peace of Mind – A Consumer’s Guide to Psychological Services”
   8. Action - Digital Divide – How Does the Digital Divide Impact Access to Telehealth
      1. Draft Survey Questions to Assess Barriers to Telehealth
      2. Determine Next Steps
10. Legislative and Regulatory Affairs Committee Updates (Cervantes – Chairperson, Casuga, Phillips)
    1. Board Sponsored Legislation for the 2021 Legislative Session: Review and Possible Action (M. Cervantes)
    2. SB 401 (Pan) Healing arts: psychology -Amendments to sections 2960 and 2960.1 of the Business and Professions Code Regarding Denial, Suspension and Revocation for Acts of Sexual Contact
    3. SB 801 (Roth) Healing arts: Board of Behavioral Sciences: Board of Psychology: licensees.
    4. Legislative Update, Review, and Consideration of Additional Changes (M. Cervantes)
    5. Bills with Active Positions Taken by the Board
       1. AB 32 (Aguiar-Curry) Telehealth
       2. AB 107 (Salas) Department of Consumer Affairs: boards: temporary licenses: military spouses
       3. SB 221 (Wiener) Health care coverage: timely access to care
       4. SB 731 (Durazo) Criminal records: relief
       5. SB 772 (Ochoa Bogh) Professions and vocations: citations: minor violations
    6. Watch Bills
       1. AB 29 (Cooper) State bodies: meetings
       2. AB 54 (Kiley) COVID-19 emergency order violation: license revocation
       3. AB 225 (Gray) Department of Consumer Affairs: boards: veterans: military spouses: licenses
       4. AB 339 (Lee) State and local government: open meetings
       5. AB 361 (Rivas, Robert) Open meetings: state and local agencies: teleconferences
       6. AB 562 (Low) Frontline COVID-19 Provider Mental Health Resiliency Act of 2021: health care providers: mental health services
       7. AB 646 (Low) Department of Consumer Affairs: boards: expunged convictions
       8. AB 657 (Bonta) State civil service system: personal services contracts: professionals
       9. AB 810 (Flora) Healing arts: reports: claims against licensees
       10. AB 830 (Flora) Department of Consumer Affairs: director: powers and duties.
       11. AB 885 (Quirk) Bagley-Keene Open Meeting Act: teleconferencing
       12. AB 1026 (Smith) Business licenses: veterans.
       13. AB 1236 (Ting) Healing arts: licensees: data collection
       14. AB 1386 (Cunningham) License fees: military partners and spouses
       15. SB 102 (Melendez) COVID-19 emergency order violation: license revocation
       16. SB 224 (Portantino) Pupil instruction: mental health education
    7. 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
11. Enforcement Unit Report (S. Monterrubio)
12. Licensing Unit Report (S. Cheung)
13. Continuing Education and Renewals Program Report (L. McCockran)
14. Regulatory Update, Review, and Consideration of Additional Changes (M. Cervantes)
    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 sections 1381.9, 1381.10, 1392 – Retired License, Renewal of Expired License, Psychologist Fees
    3. 16 CCR sections 1381.9, 1397.60, 1397.61, 1397.62, 1397.67 – Continuing Professional Development
    4. 16 CCR sections 1391.13, and 1391.14 – Inactive Psychological Assistant Registration and Reactivating a Psychological Assistant Registration
    5. 16 CCR 1392 – Psychologist Fees – California Psychology Law and Ethics Examination (CPLEE) and Initial License and Biennial Renewal Fee for a Psychologist
    6. 16 CCR 1395.2 – Disciplinary Guidelines and Uniform Standards Related to Substance-Abusing Licensees
15. CLOSED SESSION

    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 Reinstatement or Modification of Penalty, Petitions for Reconsideration, and Remands.

    Recess for the day.

Friday, November 19, 2021

9:30 a.m. – 4:00 p.m. or until Completion of Business

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

CLOSED SESSION

17. The Board will Meet in Closed Session Pursuant to Government Code Section 11126(a)(1) to Conduct its Annual Evaluation of its Executive Officer.

CLOSED SESSION

18. 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 Reinstatement and Modification of Penalty, Petitions for Reconsideration, and Remands.

RETURN TO OPEN SESSION

19. 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)].
20. EPPP2 Ad Hoc Committee Report and Consideration of and Possible Action on Committee Recommendations (Casuga – Chairperson, Foo, Harb Sheets)
    1. Establish Committee Goal
    2. Historical Overview of the EPPP (Part 2-Skills)
       1. Timeline of Examination
       2. Correspondence between the Board of Psychology and the Association of State and Provincial Psychology Boards (ASPPB)
       3. Identify Outstanding Issues
    3. ASPPB Report on the EPPP (Part 2-Skills)
       1. Participating States
       2. Data from Initial Administrations
    4. General Input Regarding the EPPP (Part 2-Skills)
    5. DCA’s Office of Professional Examination Services (OPES) Status Report of the EPPP Audit
21. Enforcement Committee Report and Consideration of and Possible Action on Committee Recommendations (Phillips – Chairperson, Cervantes)
    1. 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
       13. Disciplinary Guidelines – Review and Consider Draft Language for Violations of Prohibition on Conversion Therapy
22. Election of Officers
23. 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

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.

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 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, but who are not members of the Committee, may listen but may not participate or vote. Members of the public are not required to submit their name or other information to attend the meeting.

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 Board of Psychology protects consumers of psychological services by licensing psychologists, regulating the practice of psychology, and supporting the evolution of the profession.

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