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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 board member locations nor a public meeting location are provided. Public participation may be through the WebEx link as provided below. If you have trouble getting on the call to listen or participate, please call 916-574-7720.

Agenda discussion and report items are subject to action being taken on them during the meeting by the Board at its discretion. Action may be taken on any item on the agenda.

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:


Friday, May 21, 2021:
https://dca-meetings.webex.com/dca-meetings/onstage/g.php?MTID=e387f29f204461ed49fec441a7a659494


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 May 20, 2021, to bopmail@dca.ca.gov for consideration.

 

Friday, May 21, 2021

Board Members
Seyron Foo, President
Lea Tate, PsyD, Vice President
Sheryll Casuga, PsyD
Marisela Cervantes
Mary Harb Sheets, PhD
Julie Nystrom
Stephen Phillips, JD, PsyD
Ana Rescate
Shacunda Rodgers, PhD

Legal Counsel
Will Maguire
Heather Hoganson

Board Staff  
Antonette Sorrick, Executive Officer
Jon Burke, Assistant Executive Officer
Stephanie Cheung, Licensing Manager
Jason Glasspiegel, Central Services Manager
Sandra Monterrubio, Enforcement Program Manager
Liezel McCockran, CE/Renewals Coordinator
Cristina Rivera, Legislative and Regulatory Analyst
Sarah Proteau, Central Services Office Technician

Friday, May 21, 2021

AGENDA

9:00 a.m. – 5:00 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. Discussion and Possible Approval of the Board Meeting Minutes: February 18-19, 2021
  5. Discussion and Possible Approval of the Board Meeting Minutes: April 2, 2021
  6. Executive Officer’s Report (A. Sorrick)
    1. Personnel Update
    2. Statistical Reports – Future Reporting Plan for Enforcement, Licensing, and Central Services
    3. 2020 Department of Consumer Affairs (DCA) Annual Report
    4. COVID-19 Update
  7. DCA Update
  8. Budget Report (J. Glasspiegel)
  9. Discussion and Possible Approval of Regulatory Fee Changes 16 California Code of Regulations (CCR) Sections 1392: Psychologist Fees, 1392.1: Psychological Assistant Fees
  10. Licensing Report (S. Cheung)
  11. Continuing Education and Renewals Report (L. McCockran)
  12. Enforcement Report (S. Monterrubio)
  13. Enforcement Committee Report and Consideration of and Possible Action on Committee Recommendations (Phillips – Chairperson, Foo)
    1. Child Custody Stakeholder Meeting-Implementation Plan Update
      1. Statutory Discussion Regarding Proposed Exception to Psychotherapist-Patient Privilege for Board Investigations
    2. Regulatory Update, Review, and Consideration of Additional Changes
      1. 16 CCR 1380.6 – Display of License Number
      2. 16 CCR 1393 – Requirements for Psychologists on Probation
      3. 16 CCR 1396 – Competence
      4. 16 CCR 1396.1 – Interpersonal Relations
      5. 16 CCR 1396.2 – Misrepresentation
      6. 16 CCR 1396.3 – Test Security
      7. 16 CCR 1396.4 – Professional Identification
      8. 16 CCR 1396.5 – Consumer Information
      9. 16 CCR 1397 – Advertising
      10. 16 CCR 1397.1 – Child Abuse Reporting requirements
      11. 16 CCR 1397.2 – Other Actions Constituting Unprofessional Conduct
      12. 16 CCR 1397.30 – Citation
      13. 16 CCR 1397.36 – Requirements for Professional Corporations
      14. 16 CCR 1397.37 – Shares: Ownership and Transfer
      15. 16 CCR 1397.39 – Corporate Activities
      16. 16 CCR 1397.40 – Trusts
      17. 16 CCR 1397.50 – Citations and Fines
      18. 16 CCR 1397.51 – Amount of Fines
      19. 16 CCR 1397.52 – Compliance with Orders of Abatement
      20. 16 CCR 1397.53 – Citations for Unlicensed Practice
      21. 16 CCR 1397.54 – Contest of Citations
      22. 16 CCR 1397.55 – Disconnection of Telephone Service
    3. Statutory Update, Review, and Consideration of Additional Changes
      1. Business and Professions Code (BPC) section 2902 – Definitions
      2. BPC section 2903 – Licensure requirement; Practice of psychology; Psychotherapy
      3. BPC section 2903.1 – Biofeedback instruments
      4. BPC section 2908 – Exemption of other professions
      5. BPC section 2912 – Temporary practice by licensees of other state or foreign country
      6. BPC section 2934.1 – Posting of license status on Web site
      7. BPC section 2936 – Consumer and professional education in matters relevant to ethical practice; Standards of ethical conduct; Notice
      8. BPC section 2960 – Grounds for action subdivisions (a)-(r) & (o)
      9. BPC section 2960.05 – Limitations period for filing accusation against licensee
      10. BPC section 2960.1 – Sexual contact with patient; Revocation
      11. BPC section 2960.2 – Licensee’s physical, emotional and mental condition evaluated
      12. BPC section 2960.5 – Mental illness or chemical dependency
      13. BPC section 2960.6 – Actions by other states
      14. BPC section 2961 – Scope of action
      15. BPC section 2962 – Petition for reinstatement or modification of penalty
      16. BPC section 2963 – Matters deemed conviction
      17. BPC section 2964 – Report of license revocation or restoration
      18. BPC section 2964.3 – Persons required to register as sex offender
      19. BPC section 2964.5 – Conditions of probation or suspension
      20. BPC section 2964.6 – Payment of probationary costs
      21. BPC section 2965 – Conduct of proceedings
      22. BPC section 2966 – Suspension during incarceration for felony conviction; Determination of substantial relationship of felony to functions of psychologist; Discipline or denial of license
      23. BPC section 2969 – Penalties for failure to provide medical records; Failure to comply with court order; Multiple acts
      24. BPC section 2970 – Violation of chapter as misdemeanor
      25. BPC section 2971 – Injunctions
      26. BPC section 2985 – Renewal of suspended licenses; Reinstatement of revoked licenses
      27. BPC section 2986 – Effect of failure to renew within prescribed time
      28. BPC section 2995 – Psychological corporation
      29. BPC section 2996 – Violation of unprofessional conduct
      30. BPC section 2996.1 – Conduct of practice
      31. BPC section 2996.2 – Accrual of income to shareholder while disqualified prohibited
      32. BPC section 2997 – Shareholders, directors and officers to be licensees
      33. BPC section 2998 – Name, 2999 – Regulation by committee
  14. Association of State and Provincial Psychology Boards (ASPPB) Update (S. Foo)
  15. Legislative and Regulatory Affairs Updates (Cervantes – Chairperson, Casuga, Phillips)
    1. Board-Sponsored Legislation for the 2021 Legislative Session: Review and Possible Action
      1. SB 401 (Pan) Psychology: unprofessional conduct: disciplinary action: sexual acts
      2. Pathways to Licensure Statutory Revisions – Amendments to sections 27, 2909, 2909.5, 2910, 2911, 2913, 2914, 2915, 2915.5, 2915.7, 2942, 2944, 2946, and 2960 of the Business and Professions Code, and section 1010 of the Evidence Code.
      3. Sunset Provisions – Amendments to section 2912, and Addition of Sections Related to Reinstatement to Active after Voluntary Surrender, Licensure Committee Delegated Authority, and Authority to Issue Waivers.
    2. Review and Consideration of Bills for an Active Position
      1. AB 885 (Quirk) Bagley-Keene Open Meeting Act: teleconferencing
    3. Review of 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 731 (Durazo) Criminal records: relief
      4. SB 772 (Ochoa Bogh) Professions and vocations: citations: minor violations
    4. Review of 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 562 (Low) Frontline COVID-19 Provider Mental Health Resiliency Act of 2021: health care providers: mental health services
      6. AB 646 (Low) Department of Consumer Affairs: boards: expunged convictions
      7. AB 657 (Bonta) State civil service system: personal services contracts: professionals
      8. AB 810 (Flora) Healing arts: reports: claims against licensees
      9. AB 830 (Flora) Department of Consumer Affairs: director: powers and duties
      10. AB 1026 (Smith) Business licenses: veterans.
      11. AB 1236 (Ting) Healing arts: licensees: data collection
      12. AB 1386 (Cunningham) License fees: military partners and spouses
      13. SB 102 (Melendez) COVID-19 emergency order violation: license revocation
      14. SB 221 (Wiener) Health care coverage: timely access to care
      15. SB 224 (Portantino) Pupil instruction: mental health education
    5. 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
  16. Regulatory Update, Review, and Consideration of Additional Changes (M. Cervantes)
    1. 16 California Code of Regulations (CCR) 1396.8 – Standards of Practice for Telehealth
    2. 16 CCR sections 1391.1, 1391.2, 1391.5, 1391.6, 1391.8, 1391.10, 1391.11, 1391.12, 1392.1 – Psychological Assistants
    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
    5. 16 CCR sections 1391.13, and 1391.14 – Inactive Psychological Assistant Registration and Reactivating a Psychological Assistant Registration
    6. 16 CCR sections 1392 and 1392.1 – Psychologist Fees and Psychological Assistant Fees
    7. 16 CCR 1395.2 – Disciplinary Guidelines and Uniform Standards Related to Substance-Abusing Licensees
  17. 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

  1. The Board Will Meet in Closed Session Pursuant to Government Code Section 11126, subdivision (c)(3) to Discuss Disciplinary Matters Including Proposed Decisions, Stipulations, Petitions for Reinstatement or Modification of Penalty, Petitions for Reconsideration, and Remands.

ADJOURNMENT

Due to technological limitations, adjournment will not be broadcast.  Adjournment will immediately follow closed session, and there will be no other items of business discussed or transacted.

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.To accommodate speakers, or to maintain a quorum, 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, or if scheduled to be heard on Friday may be moved up to Thursday.   

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