Policy and Advocacy Committee Meeting Materials

182 Pages·2017·6.65 MB·English

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California Board of
PSYCHOLOGY
1625 North Market Blvd., Suite N-215, Sacramento, CA 95834
T [phone] F [phone] Toll-Free [phone]
www.psychology.ca.gov
Policy and Advocacy Committee Meeting
Notice and Agenda
Department of Consumer Affairs
1625 N. Market Blvd., Trinity Room (Third Floor, Room 307)
Sacramento, CA 95834
[phone]
Public Call-in Information
Call-in Number: [phone]
Participant Code: 44835535
Committee Members Board Staff
Nicole J. Jones, Chairperson Antonette Sorrick, Executive Officer
Sheryll Casuga, PsyD Jeffrey Thomas, Assistant Executive Officer
Michael Erickson, PhD Cherise Burns, Central Services Manager
Stephanie Cheung, Licensing Manager
Sandra Monterrubio, Enforcement Program Manager
Legal Counsel Jason Glasspiegel, Central Services Coordinator
Norine Marks Konnor Leitzell, Student Assistant
Links to agenda items with attachments are available at www.psychology.ca.gov, prior to
the meeting date.
Thursday, April 19, 2018
10:00 a.m. to 4:00 p.m., or until completion of business
The Committee welcomes and encourages public participation in its meetings. The public
may take appropriate opportunities to comment on any issue before the Committee 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
2. Welcome from the Chair
3. Public Comment(s) for Items not on the Agenda. Note: The Committee 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. Approval of Committee Minutes: May 15, 2017
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5. Summary of Legislative Visits on Wednesday, February 14, 2018
6. Sponsored Legislation for the 2018 Legislative Session: Review and Potential
Action, Recommendations to the Full Board (Jones – Chairperson)
a. AB 2968 (Levine) – Amend Sections 337 and 728 of the Business and
Professions Code Regarding the Brochure Addressing Sexual Contact
Between a Psychotherapist and a Patient.
7. Review and Consideration of Legislation: Review of Bill Analyses and Potential
Action to Recommend Positions to the Full Board, Recommendations to the Full
Board (Jones – Chairperson).
a. Newly Introduced Bills – Review of Bill Analyses and Potential Action to
Recommend Positions to the Full Board
1) Recommendations for Active Positions on Bills
A. AB 282 (Jones-Sawyer) – Aiding, Advising, or Encouraging
Suicide: Exemption from Prosecution
B. AB 1779 (Nazarian) – Sexual Orientation: Change Efforts
C. AB 2044 (Stone) – Child Custody: Safety of the Child
D. AB 2138 (Chiu) – Licensing Boards: Denial of Application: Criminal
Conviction
E. AB 2943 (Low) – Unlawful Business Practices: Sexual Orientation
Change Efforts
F. SB 1125 (Atkins) – Federally Qualified Health Center and Rural
Health Clinic Services
2) Recommendations for Committee to Watch Bills
A. AB 1436 (Berman) – Board of Behavioral Sciences: Licensees:
suicide prevention training
B. AB 1659 (Low) – Healing Arts Boards: Inactive Licenses
C. AB 1893 (Maienschein) – Maternal Mental Health: Federal
Funding
D. AB 1896 (Cervantes) – Sexual Assault Counselor-Victim Privilege
E. AB 1968 (Low) – Mental Health: Firearms
F. AB 2018 (Maienschein) – Mental Health Workforce Planning: Loan
Forgiveness, Loan Repayment, and Scholarship Programs
G. AB 2022 (Chu) – Pupil Health: On-Campus Mental Health
Professionals
H. AB 2117 (Arambula) – Marriage and Family Therapists: Clinical
Social Workers: Professional Clinical Counselors
I. AB 2119 (Gloria) – Foster Care: Gender Affirming Health Care and
Behavioral Health Services
J. AB 2143 (Caballero) – Licensed Mental Health Service Provider
Education Program: Providers.
K. AB 2156 (Chen) – Mental Health Services: Gravely Disabled
L. AB 2193 (Maienschein) – Maternal Mental Health
M. AB 2483 (Voepel) – Department of Consumer Affairs: Office of
Supervision of Occupational Boards
N. AB 2539 (Mathis) – California Physician Corps Program: Practice
Setting
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O. AB 2619 (Allen) – Severely Mentally Ill Children
P. AB 2780 (Bloom) – Family Law: Support Orders and Child Custody
Q. AB 2861 (Salas) – Medi-Cal: Telehealth: Substance Use Disorder
Services
R. SB 1371 (Morrell) – Occupational Licensing: List
3) Recommendations for Committee to Watch Spot Bills
A. AB 2442 (Santiago) – Mental Health
B. SB 1134 (Newman) – Mental Health Services Fund
b. Review of 2-Year Bills with Watch Position
1) AB 93 (Medina) – Healing Arts: Marriage and Family Therapists:
Clinical Social Workers: Professional Clinical Counselors: Required
Experience and Supervision
2) AB 148 (Mathis) – California Physician Corps Program: Practice
Setting
3) AB 349 (McCarty) – Civil Service: Preference: Special Immigrant Visa
Holder
4) AB 451 (Arambula) – Health Facilities: Emergency Services and Care
5) AB 456 (Thurmond) – Healing Arts: Associate Clinical Social Workers
6) AB 700 (Jones-Sawyer) – Public Health: Alcoholism or Drug Abuse
Recovery: Substance Use Disorder Counseling
7) AB 767 (Quirk-Silva) - Master Business License Act
8) AB 827 (Rubio) – Department of Consumer Affairs: Task Force:
Foreign-Trained Professionals
9) AB 1116 (Grayson) – Peer Support and Crisis Referral Services Act
10) AB 1136 (Eggman) – Health Facilities: Residential Mental or
Substance Use Disorder Treatment
11) SB 142 (Beall) – Criminal Offenders: Mental Health
12) SB 215 (Beall) – Diversion: Mental Disorders
13) SB 399 (Portantino) – Health Care Coverage: Pervasive
Developmental Disorder or Autism
14) SB 715 (Newman) – Department of Consumer Affairs: Regulatory
Boards: Removal of Board Members
15) SB 762 (Hernandez) – Healing Arts Licensee: License Activation Fee:
Waiver
8. Review and Consideration of Statutory Revisions to Section 2960.1 of the Business
and Professions Code Regarding Denial, Suspension and Revocation for Acts of
Sexual Contact
9. Regulatory Update
a. 16 CCR Sections 1391.1, 1391.2, 1391.5, 1391.6, 1391.8, 1391.10,
1391.11, 1391.12, 1392.1 – Psychological Assistants
b. 16 CCR Section 1396.8 – Standards of Practice for Telehealth
c. 16 CCR Sections 1381.9, 1381.10, 1392 – Retired License, Renewal of
Expired License, Psychologist Fees
d. 16 CCR Sections 1381.9, 1397.60, 1397.61, 1397.62, 1397.67 –
Continuing Professional Development
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10. Update Regarding the California Child Abuse and Neglect Reporting Act (CANRA)
and Mandated Reporting – Penal Code Sections 261.5, 288, and 11165.1.
11. Recommendations for Agenda Items for Future Committee Meetings. Note: the
Committee 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
Except where noticed for a time certain, all times are approximate and subject to
change. The meeting may be canceled or changed without notice. For verification,
please check the Board's Web site at www.psychology.ca.gov, or call [phone].
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, and items scheduled to be heard on
Thursday may be held over to Friday, items scheduled to be heard on Friday may be
moved up to Thursday, for convenience, to accommodate speakers, or to maintain a
quorum.
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. Board members who are present who are not members of the
Committee may observe, but may not participate or vote.
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 [phone] or email
[email protected] 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 goal of the Policy and Advocacy Committee is to advocate and promote legislation that
advances the ethical and competent practice of psychology in order to protect consumers of
psychological services. The committee reviews and tracks legislation and regulations that
affect the Board, consumers, and the profession of psychology, and recommends positions
on legislation for consideration by the Board
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PCaSlifoYrnCia BHoaOrd Lof OGY
1625 North Market Blvd., Suite N-215, Sacramento, CA 95834
T [phone] F [phone] Toll-Free [phone]
www.psychology.ca.gov

MEMORANDUM

DATE March 29, 2018
TO Policy and Advocacy Committee
FROM

Jason Glasspiegel
Central Services Coordinator
SUBJECT Agenda Item #4 - Approval of Minutes: May 15, 2017

Background:

Attached is the draft minutes for the May 15, 2017 Policy and Advocacy Committee
Meeting.

Action Requested:

Approve the attached minutes for the May 15, 2017 Policy and Advocacy Committee
Meeting.

Attachment: Draft minutes of the May 15, 2017, Policy and Advocacy Committee
Meeting.
, r
PCaSlifoYrnCia BHoaOrd Lof OGY
1625 North Market Blvd., Suite N-215, Sacramento, CA 95834
T [phone] F [phone] Toll-Free [phone]
www.psychology.ca.gov

1 Policy and Advocacy Committee Meeting
2 Minutes
3
4
5 Department of Consumer Affairs
6 1625 N. Market Blvd., El Dorado Room
7 Sacramento, CA 95834
8
9
10 Monday, May 15, 2017
11
12 Nicole J. Jones, Committee Chair, called the meeting to order at 9:21 a.m. A quorum was
13 present and due notice had been sent to all interested parties.
14
15 Members Present:
16 Nicole J. Jones, Chairperson
17 Michael Erickson, PhD
18
19 Others Present:
20 Antonette Sorrick, Executive Officer
21 Jeffrey Thomas, Assistant Executive Officer
22 Norine Marks, DCA Legal Counsel
23 Cherise Burns, Central Services Manager
24 Stephanie Cheung, Licensing Manager
25 Sandra Monterrubio, Enforcement Program Manager
26 Jason Glasspiegel, Central Services Coordinator
27 Natasha Lim, Licensing Coordinator
28 Konnor Leitzell, Student Assistant
29 Barbara Lipinski Antioch University Academic Dean (telephonically)
30 Dr. Jo Linder Crow, California Psychological Association
31 Dr. Elizabeth Winkelman, California Psychological Association
32 Amanda Levy, California Psychological Association
33
34 Agenda Item #2: Chairperson’s Welcome
35
36 Ms. Jones welcomed those in attendance and read the mission statement of the committee.
37
38 Agenda Item #3: Public Comment(s) for Items not on the Agenda
39
40 None received.
41
42 Agenda Item #4: Approval of Committee Minutes: March 13, 2017
43
44 Ms. Jones provided edits to Mr. Glasspiegel. She did have a question on page 9 line
45 406-407, which references Dr. Immoos discussed California Department of Corrections
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46 and Rehabilitation’s (CDCR) input. She asked if staff was going to reach out to CDCR.
47 Staff advised they are not planning on reaching out.
48
49 IT was M(Erickson)/S(Jones)/C to accept the minutes as amended.
50 No public comment was received.
51
52 Vote: 2 aye (Erickson, Jones) 0 nay.
53
54 Agenda Item #5: Sponsored Legislation and Legislative Proposals for the 2017
55 Legislative Session: Review and Potential Action, Recommendations to the Full
56 Board
57 a. Omnibus Proposal: Psychological Assistant Fees and Delinquency
58 Fees in Business and Professions Code (BPC) Section 2987 (Fee
59 Schedule)
60
61 Ms. Burns reviewed the Omnibus proposal as approved at the April 2017 Board
62 meeting. Ms. Burns advised we are waiting for the language to be amended into a bill.
63
64 Dr. Erickson had no comments. He understands we are in touch with the committee
65 chair.
66
67 No public comment was received.
68
69 b. AB 89 (Levine): Suicide Assessment and Intervention Coursework
70 Requirements – Addition of Section to the BPC (Coursework in
71 Suicide Assessment and Intervention)
72
73 Ms. Burns introduced AB 89 (Levine) and advised of changes to the language since the
74 last meeting. She reiterated that no intent language would be provided. She advised the
75 bill has passed out of the Assembly and is now in the Senate, and assigned to the
76 Senate Committee on Business Professions and Economic Development awaiting a
77 hearing date. On April 26, staff met with the author of the bill and the California
78 Psychological Association (CPA) to discuss their concerns regarding the bill. Staff will
79 work with the author and the committee on concerns and questions, as well as working
80 to garner further support.
81
82 Ms. Jones confirmed Dr. Erickson and herself will convene to write a newsletter article
83 on the bill.
84
85 Dr. Erickson asked if there was some way to better understand the opposition and
86 address their concerns through FAQ’s or the article they will write.
87
88 Ms. Jones advised the Frequently Asked Questions is an excellent idea. She then
89 asked for a summary of the discussion with the opposition.
90
91 Ms. Burns provided the position of CPA. She advised since that conversation, staff have
92 not heard of any amendments from the Assembly Member.
93
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94 Public Comment: Dr. Linder Crow stated they appreciated the chance to attend the
95 meeting. She asked if there was a chance for the Board members to consider the
96 conversation and the comments CPA made at the meeting.
97
98 Ms. Jones believes all discussion points had been previously covered by the Board in
99 different committees and the full board. Ms. Jones asked if there are any additional
100 changes or additions from CPA. Dr. Linder-Crow provided additional concerns by
101 Industrial Organizational psychologists that are non-mental health providers and that
102 they are not sure of the process. She again asked to know if the Board had an
103 opportunity to consider the comments by CPA.
104
105 Ms. Jones advised comments had been previously addressed by the Board and
106 Committees.
107
108 Dr. Linder-Crow also addressed a previous confusion. She stated it is not accurate that
109 CPA would remove their opposition, as the discussion did not get that far. She asked if
110 the Board or committee discussed a potential exemption for non-mental health
111 providers.
112
113 Ms. Jones deferred to Ms. Sorrick for additional comments on the exemption issue.
114
115 Ms. Sorrick wanted to remind everyone that the licensing committee removed
116 exemptions and exceptions from the pending continued professional development
117 language. She advised the language for AB 89 is consistent with this language.
118
119 Dr. Linder-Crow stated CPA remains firmly opposed to the bill. She believes CPA’s
120 opposition is consistent and that this topic should not be legislated. She believes CPA
121 agrees with the governor. They also agree with the conclusion that psychologists are
122 well trained. She stated she understands our point, but does not believe that this is
123 going to have the impact of saving lives. She is aware that it is not comfortable for them
124 to be opposing a bill that the Board is sponsoring, and most of the time CPA and the
125 Board are in line with one another. This time we very strongly disagree.
126
127 Dr. Erickson stated that he thinks that for the profession, this bill ensures a baseline for
128 all psychologists, and believes that most have already met this. He stated that having
129 this baseline of training is not something to be apologetic about, and that he is pleased
130 it can be part of who they are and part of their identity as psychologists.
131
132 Dr. Winkelman stated the responses from their members that the need for training is
133 minimizing or mischaracterizing the abilities of psychologists because the survey shows
134 a variance. She believes that other people will not know why the bill is for licensed
135 psychologists only.
136
137 Dr. Erickson stated he has not considered that the legislature might see psychology as
138 less capable and asked Dr. Winkelman if that is her perception.
139
140 Dr. Winkelman advised looking at the floor alert, which says large variance, she feels
141 this does not reflect their profession well.
142
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143 Dr. Winkelman wanted to address another issue. She knows the Board sponsored this
144 bill, but pointed out that it is Assembly Member Levine’s bill. Levine could sponsor a bill
145 that incorporates other health care professionals. She does not see that Levine is
146 restricted to which health care providers he can include.
147
148 Ms. Jones wonders what people that support the bill say about the bill.
149
150 Ms. Burns believes the mental health community is supportive and would be supportive
151 of including other mental health providers. She believes this does not send a message
152 of deficiency.
153
154 Ms. Sorrick advised what the Board has heard from non-profits is more that they think
155 it’s great that the Board is taking leadership position. The reception has been positive at
156 the Assembly Business and Professions Committee.
157
158 Ms. Jones asked for any remaining for public comment.
159
160 No additional comment received.
161
162 Dr. Erickson asked if the full Board will meet in June, is that enough time to weigh in on
163 the bill.
164
165 Ms. Burns confirmed that the last month of session is August, and believes that leaves
166 plenty of time to weigh in on the bill.
167
168 Agenda Item #6: Review and Consideration of Legislation: Review of Bill Analyses
169 and Potential Action to Recommend Positions to the Full Board,
170 Recommendations to the Full Board
171
172 The following three bills were reviewed first:
173
174 (a)(2) SB 181 (Berryhill) – Administrative Procedure Act: Repeal of
175 Regulations
176
177 Mr. Leitzell reviewed SB 181 (Berryhill). He advised the author is no longer
178 pursuing the bill any further. He advised no action is needed at this time.
179
180 No public comment received
181
182 (b)(2) AB 710 (Wood) Department of Consumer Affairs: Board Meetings
183
184 Mr. Leitzell reviewed AB 710. He advised the Board previously took an oppose
185 position on this bill. Since this position, the bill language was modified from rural
186 northern California, to rural California. He stated no action is required at this time,
187 and included in the materials is the opposition letter.
188
189 Ms. Jones and Dr. Erickson confirm the letter of opposition looks good.
190
191 No public comment received.
192
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193 (b)(3) - AB 1188 (Nazarian) – Health Professions Development: Loan
194 Repayment
195
196 Mr. Leitzell reviewed AB 1188. He confirmed the Board previously supported AB
197 1188, advised no additional action is required at this time.
198
199 Amanda Levy stated they are proponents of the bill. She advised due to a
200 request by the Board of Behavioral Sciences, the bill will be amended for delayed
201 implementation to July 2018.
202
203 (a) Recommendations for Active Positions on Bills
204
205 (1) AB 1005 (Calderon) – Professions and Vocations: Fines: Relief
206
207 Mr. Glasspiegel provided a review of the bill. No questions or comments
208 received. The Board will watch AB 1005.
209
210 (3) SB 547 (Hill) – Professions and Vocations: Weights and Measures
211 (Board Omnibus Proposal)
212
213 Ms. Burns reviewed the bill. She confirmed there is no language at this time. No
214 question or comments were received.
215
216 (4) SB 762 (Hernandez) – Healing Arts Licensee: License Activation Fee:
217 Waiver
218
219 Mr. Glasspiegel reviewed the bill.
220
221 Ms. Burns believes it might warrant having a larger conversation with the Board
222 to determine the need for this kind of legislative language.
223
224 Ms. Sorrick is wondering if Business and Professions Code section 704 is
225 changed to “may” versus “shall”, would it give the Board authority to implement
226 the legislation if it feels it is necessary, versus being mandated.
227
228 It was M/(Erickson)/S(Jones)/C to take an Oppose Unless Amended position on
229 SB 762 (Hernandez), and work with the authors office to determine the
230 appropriate amendments and applicable section of the Business and Professions
231 Code for this provision.
232
233 No public comment was received
234
235 Vote: 2 aye (Erickson, Jones) 0 nay.
236
237 Agenized as 6(c)(35): AB 1456 (Low) – Professional Licensure
238
239 Ms. Burns provided overview of the bill. She advised this bill is on the agenda as
240 a watch bill but is being moved as staff is requesting the committee take a
241 position. Ms. Burns also gave overview of exempt setting time frame per location.
242
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