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AB 2138 Regulation Advisory

In 2018, Governor Jerry Brown signed into law AB 2138 (Chiu, Chapter 995, Statutes of 2018). This bill sought to reduce barriers to licensure for individuals who had rehabilitated from criminal convictions. In order to implement this bill, the Board of Psychology (Board) promulgated regulations which became effective on February 8, 2021. These approved regulations change existing regulations with respect to the substantial relationship and rehabilitation criteria to ensure the Board’s licensing requirements are consistent with the changes made by AB 2138.

Specifically, the Board may not deny a license solely because the applicant was convicted of a crime, or due to the acts underlying the conviction, if the applicant has a certificate of rehabilitation, was granted clemency, made a showing of rehabilitation, or the conviction was dismissed or expunged. Absent these circumstances, these regulations permit the Board to deny a license when an applicant has been convicted of a crime, if the crime is substantially related to the qualifications, functions, or duties of the regulated business or profession. The Board may also deny a license for substantially related professional misconduct that results in formal discipline by another licensing board. These regulations also establish the criteria that the Board can utilize to evaluate the rehabilitation of a person when considering the denial, suspension, or revocation of a license.

For additional information, the regulatory documents can be found here: https://www.psychology.ca.gov/laws_regs/ab2138_form400.pdf.

For the Board’s legislative advisory click here: https://www.psychology.ca.gov/laws_regs/leg_ab2138.shtml.

For more information on this regulation, visit our web site, at https://www.psychology.ca.gov/laws_regs/regulations.shtml

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