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Upcoming Legislative Changes

LEGISLATIVE ADVISORY: AB 1456 (Low) - chapter 151, statutes of 2017 - professional licensure requirements in certain exempt settings

Attention Board of Psychology Stakeholders:

Assembly Bill 1456 (Low) was signed by Governor Brown on July 31, 2017, and became effective upon signature. The legislation amends Section 1277 of the Health and Safety Code, Section 5608.5 of the Penal Code, and Section 5751.2 of the Welfare and Institutions Code, all related to a limited waiver of licensure requirements in public employment settings, or in local mental health programs.

SUMMARY OF CHANGES

Effective July 31, 2017, this bill amended existing law to provide for a four (4) year waiver, with a possible extension of one additional (1) year, (increased from three (3) years) from the licensing requirement by the Board of Psychology for professional personnel, employed or under contract, with the Department of Public Health and the Department of Corrections and Rehabilitation, who are in the profession of psychology and are gaining qualified experience for licensure.

Additionally, this bill amended existing law to provide for a five (5) year waiver (increased from three (3) years) from the licensing requirement by the Board of Psychology for professional personnel employed or under contract with the Department of Health Care Services, who are in the profession of psychology and are gaining qualified experience for licensure, from the date of employment by, or contract with, a local mental health program.

Highlighted below are statutes addressing the provision of psychological services in different exempt settings. If you work in an exempt setting and are unsure about the exempt provisions for gaining experience, contact your employer.


Exempt Setting Type

Authorizing Statute
Waiver
Granting
Entity

Waiver Limitation

Accredited or Approved Colleges, Junior Colleges, or Universities

 

Federal, State, County, or Municipal Government Entities

 

Public Schools (K-12)


 

Business and Professions
Code (BPC) section 2910

 

No waiver; provided, exemption is based on Board of Psychology statute

5 years (cumulative total) meeting following criteria:

Psychological activities are part of the duties for which they were hired.

Activities are performed solely within the jurisdiction/confines of the organization.

Individual does not use any title or description of activities incorporating the words "psychology", "psychological", or "psychologist".

Primary purpose os gaining the supervised professional experience required for licensure, consistent with statutory and regulatory requirements.

CDCR Facilities, DSH Facilities

Penal Code (PEN) section 5068.5

CDCR

4 years (from the date employment commences) and only for the purposes of gaining qualifying experience required for licensure.

Note: extensions may be granted to employees with extenuating circumstances (1 year) and part-time employees (proportional to the extent of part-time employment), but not exceeding 5 years total.

CDPH Licensed Facilities under H&C section 1250 et. seq. Health and Safety Code (HSC) section 1277(b) CDPH

4 years (from the date employment commences) and only to the extent necessary to qualifyr for licensure.

Note: extensions may be granted to employees with extenuating circumstances (1 year) and part-time employees (proportional to the extent of part-time employment), but not exceeding 5 years total.

Local Mental Health Programs Welfare and Institutions Code (WIC) section 5751.2(d) DHCS 5 years (from the date of employment/contract) and only for the purposes of gaining experience required for licensure.

NEW STATUTORY LANGUAGE

AB 1456 (Low): Chaptered Language

Updated 10/5/17