SB 775 (Ashby) Chapter 787, Statutes of 2025 – Board of Psychology and Board of Behavioral Sciences - Felony Conviction and Automatic Suspension - Business & Professions Code 2966

Operative Date of Legislation: January 1, 2026

Attention Board of Psychology (Board) stakeholders:

Senate Bill (SB) 775 (Ashby) was signed by Governor Newsom on October 13, 2025, and becomes operative on January 1, 2026. This bill serves as the Sunset Bill for both the Board of Behavioral Sciences and the Board of Psychology, extending each Board’s statutory authorization to January 1, 2030.

Summary of Changes

SB 775 clarifies how the Board responds when a licensee or registrant is convicted of a felony and becomes incarcerated. Under the new law, a license or registration is automatically suspended only when the individual is incarcerated due to a felony conviction. Previously, a felony conviction alone triggered automatic suspension, even if no incarceration occurred. This change ensures that suspension is tied to actual incarceration, while still protecting public safety.

The new law also strengthens due process protections. When the Board receives official notice of a conviction, it must promptly confirm whether the licensee or registrant is incarcerated and notify them of the automatic suspension. The licensee or registrant has a clear right to a hearing before license or registration denial may be imposed, unless the conviction involves certain serious offenses such as murder, rape, or child sexual assault, which are considered automatically related to the duties of a Psychologist or registrant. If a hearing is held, the Board will determine whether the felony conviction is substantially related to the profession. If it is, the suspension will remain in place until the conviction becomes final through the appeal process or other judicial resolution. The law also clarifies that the Board may take disciplinary action once the conviction is final, or earlier if the individual requests that the case proceed immediately.

Lastly, the updated statute provides clarity for cases where a conviction is overturned. If a conviction is reversed on appeal, any discipline imposed due to that conviction automatically ends. However, the Board may still pursue disciplinary action based on other grounds if applicable. The Board also retains discretion to keep a suspension in place when necessary.

Implementation

Effective January 1, 2026, the updated statute will apply to all licensees and registrants. Under the new law, a licensee or registrant will be automatically suspended only when the individual is incarcerated as a result of a felony conviction. The Board will no longer automatically suspend a license based solely on the conviction itself if incarceration has not occurred.