SECTIONS 2900-2919 - California Statutes

BUSINESS AND PROFESSIONS CODE

SECTION 2900-2919

2900. The Legislature finds and declares that practice of
psychology in California affects the public health, safety, and
welfare and is to be subject to regulation and control in the public
interest to protect the public from the unauthorized and unqualified
practice of psychology and from unprofessional conduct by persons
licensed to practice psychology.

2901. This chapter shall be known and may be cited as the
"Psychology Licensing Law."

2902. As used in this chapter, unless the context clearly requires
otherwise and except as in this chapter expressly otherwise provided
the following definitions apply:
(a) "Licensed psychologist" means an individual to whom a license
has been issued pursuant to the provisions of this chapter, which
license is in force and has not been suspended or revoked.
(b) "Board" means the Board of Psychology.
(c) A person represents himself or herself to be a psychologist
when the person holds himself or herself out to the public by any
title or description of services incorporating the words "psychology,"
"psychological," "psychologist," "psychology consultation,"
"psychology consultant," "psychometry," "psychometrics" or
"psychometrist," "psychotherapy," "psychotherapist," "psychoanalysis,"
or "psychoanalyst," or when the person holds himself or herself out
to be trained, experienced, or an expert in the field of psychology.
(d) "Accredited," as used with reference to academic institutions,
means the University of California, the California State University,
or an institution that is accredited by a national or an applicable
regional accrediting agency recognized by the United States
Department of Education.
(e) "Approved," as used with reference to academic institutions,
means an institution having "approval to operate", as defined in
Section 94718 of the Education Code.

2903. No person may engage in the practice of psychology, or
represent himself or herself to be a psychologist, without a license
granted under this chapter, except as otherwise provided in this
chapter. The practice of psychology is defined as rendering or
offering to render for a fee to individuals, groups, organizations or
the public any psychological service involving the application of
psychological principles, methods, and procedures of understanding,
predicting, and influencing behavior, such as the principles
pertaining to learning, perception, motivation, emotions, and
interpersonal relationships; and the methods and procedures of
interviewing, counseling, psychotherapy, behavior modification, and
hypnosis; and of constructing, administering, and interpreting tests
of mental abilities, aptitudes, interests, attitudes, personality
characteristics, emotions, and motivations.
The application of these principles and methods includes, but is
not restricted to: diagnosis, prevention, treatment, and amelioration
of psychological problems and emotional and mental disorders of
individuals and groups.
Psychotherapy within the meaning of this chapter means the use of
psychological methods in a professional relationship to assist a
person or persons to acquire greater human effectiveness or to modify
feelings, conditions, attitudes and behavior which are emotionally,
intellectually, or socially ineffectual or maladjustive.
As used in this chapter, "fee" means any charge, monetary or
otherwise, whether paid directly or paid on a prepaid or capitation
basis by a third party, or a charge assessed by a facility, for
services rendered.

2903.1. A psychologist licensed under this chapter may use
biofeedback instruments which do not pierce or cut the skin to
measure physical and mental functioning.

2904. The practice of psychology shall not include prescribing
drugs, performing surgery or administering electroconvulsive therapy.

2904.5. A psychologist licensed under this chapter is a licentiate
for purposes of paragraph (2) of subdivision (a) of Section 805, and
thus is a health care practitioner subject to the provisions of
Section 2290.5 pursuant to subdivision (b) of that section.

2905. The practice of psychology shall be as defined as in Section
2903, any existing statute in the State of California to the contrary
notwithstanding.

2907. Corporations shall have no professional rights, privileges,
or powers, and shall not be permitted to practice psychology, nor
shall the liability of any licensed psychologist be limited by a
corporation.

2907.5. Nothing in Section 2907 shall be deemed to apply to the
acts of a psychological corporation practicing pursuant to the
Moscone-Knox Professional Corporation Act, as contained in Part 4
(commencing with Section 13400) of Division 3 of Title 1 of the
Corporations Code and Article 9 (commencing with Section 2995) when
the psychological corporation is in compliance with (a) the
Moscone-Knox Professional Corporation Act; (b) Article 9 (commencing
with Section 2995); and (c) all other statutes now or hereafter
enacted or adopted pertaining to such corporation and the conduct of
its affairs.

2908. Nothing in this chapter shall be construed to prevent
qualified members of other recognized professional groups licensed to
practice in the State of California, such as, but not limited to,
physicians, clinical social workers, educational psychologists,
marriage and family therapists, optometrists, psychiatric
technicians, or registered nurses, or attorneys admitted to the
California State Bar, or persons utilizing hypnotic techniques by
referral from persons licensed to practice medicine, dentistry or
psychology, or persons utilizing hypnotic techniques which offer
avocational or vocational self-improvement and do not offer therapy
for emotional or mental disorders, or duly ordained members of the
recognized clergy, or duly ordained religious practitioners from
doing work of a psychological nature consistent with the laws
governing their respective professions, provided they do not hold
themselves out to the public by any title or description of services
incorporating the words "psychological," "psychologist," "psychology,"
"psychometrist," "psychometrics," or "psychometry," or that they do
not state or imply that they are licensed to practice psychology;
except that persons licensed under Article 5 (commencing with Section
4986) of Chapter 13 of Division 2 may hold themselves out to the
public as licensed educational psychologists.

2909. Nothing in this chapter shall be construed as restricting or
preventing activities of a psychological nature or the use of the
official title of the position for which they were employed on the
part of the following persons, provided those persons are performing
those activities as part of the duties for which they were employed,
are performing those activities solely within the confines of or
under the jurisdiction of the organization in which they are employed
and do not offer to render or render psychological services as
defined in Section 2903 to the public for a fee, monetary or
otherwise, over and above the salary they receive for the performance
of their official duties with the organization in which they are
employed:
(a) Persons who hold a valid and current credential as a school
psychologist issued by the California Department of Education.
(b) Persons who hold a valid and current credential as a
psychometrist issued by the California Department of Education.
(c) Persons employed in positions as psychologists or
psychological assistants, or in a student counseling service, by
accredited or approved colleges, junior colleges or universities;
federal, state, county or municipal governmental organizations which
are not primarily involved in the provision of direct health or
mental health services. However, those persons may, without obtaining
a license under this act, consult or disseminate their research
findings and scientific information to other such accredited or
approved academic institutions or governmental agencies. They may
also offer lectures to the public for a fee, monetary or otherwise,
without being licensed under this chapter.
(d) Persons who meet the educational requirements of subdivision
(b) of Section 2914 and who have one year or more of the supervised
professional experience referenced in subdivision (c) of Section
2914, if they are employed by nonprofit community agencies that
receive a minimum of 25 percent of their financial support from any
federal, state, county, or municipal governmental organizations for
the purpose of training and providing services. Those persons shall
be registered by the agency with the board at the time of employment
and shall be identified in the setting as a "registered psychologist."
Those persons shall be exempt from this chapter for a maximum period
of 30 months from the date of registration.

2910. Nothing in this chapter shall be construed to restrict or
prevent activities of a psychological nature on the part of persons
who are salaried employees of accredited or approved academic
institutions, public schools or governmental agencies, provided:
(a) Such employees are performing such psychological activities as
part of the duties for which they were hired;
(b) Such employees are performing those activities solely within
the jurisdiction or confines of such organizations;
(c) Such persons do not hold themselves out to the public by any
title or description of activities incorporating the words
"psychology," "psychological," "psychologist," "psychometry,"
"psychometrics" or "psychometrist";
(d) Such persons do not offer their services to the public for a
fee, monetary or otherwise;
(e) Such persons do not provide direct health or mental health
services.

2911. Nothing in this chapter shall be construed as restricting the
activities and services of a graduate student or psychological
intern in psychology pursuing a course of study leading to a graduate
degree in psychology at an accredited or approved college or
university and working in a training program, or a postdoctoral
trainee working in a postdoctoral placement overseen by the American
Psychological Association (APA), the Association of Psychology
Postdoctoral and Internship Centers (APPIC), or the California
Psychology Internship Council (CAPIC), provided that these activities
and services constitute a part of his or her supervised course of
study and that those persons are designated by the title
"psychological intern," "psychological trainee," "postdoctoral
intern," or another title clearly indicating the training status
appropriate to his or her level of training. The aforementioned terms
shall be reserved for persons enrolled in the doctoral program
leading to one of the degrees listed in subdivision (b) of Section
2914 at an accredited or approved college or university or in a
formal postdoctoral internship overseen by APA, APPIC, or CAPIC.

2912. Nothing in this chapter shall be construed to restrict or
prevent a person who is licensed as a psychologist at the doctoral
level in another state or territory of the United States or in Canada
from offering psychological services in this state for a period not
to exceed 30 days in any calendar year.

2913. A person other than a licensed psychologist may be employed
by a licensed psychologist, by a licensed physician and surgeon who
is board certified in psychiatry by the American Board of Psychiatry
and Neurology, by a clinic which provides mental health services
under contract pursuant to Section 5614 of the Welfare and
Institutions Code, by a psychological corporation, by a licensed
psychology clinic as defined in Section 1204.1 of the Health and
Safety Code, or by a medical corporation to perform limited
psychological functions provided that all of the following apply:
(a) The person is termed a "psychological assistant."
(b) The person (1) has completed a master's degree in psychology
or education with the field of specialization in psychology or
counseling psychology, or (2) has been admitted to candidacy for a
doctoral degree in psychology or education with the field of
specialization in psychology or counseling psychology, after having
satisfactorily completed three or more years of postgraduate
education in psychology and having passed preliminary doctoral
examinations, or (3) has completed a doctoral degree which qualifies
for licensure under Section 2914, in an accredited or approved
university, college, or professional school located in the United
States or Canada.
(c) The person is at all times under the immediate supervision, as
defined in regulations adopted by the board, of a licensed
psychologist, or board certified psychiatrist, who shall be
responsible for insuring that the extent, kind, and quality of the
psychological services he or she performs are consistent with his or
her training and experience and be responsible for his or her
compliance with this chapter and regulations duly adopted hereunder,
including those provisions set forth in Section 2960.
(d) The licensed psychologist, board certified psychiatrist,
contract clinic, psychological corporation, or medical corporation,
has registered the psychological assistant with the board. The
registration shall be renewed annually in accordance with regulations
adopted by the board.
No licensed psychologist may register, employ, or supervise more
than three psychological assistants at any given time unless
specifically authorized to do so by the board. No board certified
psychiatrist may register, employ, or supervise more than one
psychological assistant at any given time. No contract clinic,
psychological corporation, or medical corporation may employ more
than 10 assistants at any one time. No contract clinic may register,
employ, or provide supervision for more than one psychological
assistant for each designated full-time staff psychiatrist who is
qualified and supervises the psychological assistants. No
psychological assistant may provide psychological services to the
public for a fee, monetary or otherwise, except as an employee of a
licensed psychologist, licensed physician, contract clinic,
psychological corporation, or medical corporation.
(e) The psychological assistant shall comply with regulations that
the board may, from time to time, duly adopt relating to the
fulfillment of requirements in continuing education.
(f) No person shall practice as a psychological assistant who is
found by the board to be in violation of Section 2960 and the rules
and regulations duly adopted thereunder.

2914. Each applicant for licensure shall comply with all of the
following requirements:
(a) Is not subject to denial of licensure under Division 1.5.
(b) Possess an earned doctorate degree (1) in psychology, (2) in
educational psychology, or (3) in education with the field of
specialization in counseling psychology or educational psychology.
Except as provided in subdivision (g), this degree or training shall
be obtained from an accredited university, college, or professional
school. The board shall make the final determination as to whether a
degree meets the requirements of this section.
No educational institution shall be denied recognition as an
accredited academic institution solely because its program is not
accredited by any professional organization of psychologists, and
nothing in this chapter or in the administration of this chapter
shall require the registration with the board by educational
institutions of their departments of psychology or their doctoral
programs in psychology.
An applicant for licensure trained in an educational institution
outside the United States or Canada shall demonstrate to the
satisfaction of the board that he or she possesses a doctorate degree
in psychology that is equivalent to a degree earned from a
regionally accredited university in the United States or Canada.
These applicants shall provide the board with a comprehensive
evaluation of the degree performed by a foreign credential evaluation
service that is a member of the National Association of Credential
Evaluation Services (NACES), and any other documentation the board
deems necessary.
(c) Have engaged for at least two years in supervised professional
experience under the direction of a licensed psychologist, the
specific requirements of which shall be defined by the board in its
regulations, or under suitable alternative supervision as determined
by the board in regulations duly adopted under this chapter, at least
one year of which shall be after being awarded the doctorate in
psychology. If the supervising licensed psychologist fails to provide
verification to the board of the experience required by this
subdivision within 30 days after being so requested by the applicant,
the applicant may provide written verification directly to the
board.
If the applicant sends verification directly to the board, the
applicant shall file with the board a declaration of proof of
service, under penalty of perjury, of the request for verification. A
copy of the completed verification forms shall be provided to the
supervising psychologist and the applicant shall prove to the board
that a copy has been sent to the supervising psychologist by filing a
declaration of proof of service under penalty of perjury, and shall
file this declaration with the board when the verification forms are
submitted.
Upon receipt by the board of the applicant's verification and
declarations, a rebuttable presumption affecting the burden of
producing evidence is created that the supervised, professional
experience requirements of this subdivision have been satisfied. The
supervising psychologist shall have 20 days from the day the board
receives the verification and declaration to file a rebuttal with the
board.
The authority provided by this subdivision for an applicant to
file written verification directly shall apply only to an applicant
who has acquired the experience required by this subdivision in the
United States.
The board shall establish qualifications by regulation for
supervising psychologists and shall review and approve applicants for
this position on a case-by-case basis.
(d) Take and pass the examination required by Section 2941 unless
otherwise exempted by the board under this chapter.
(e) Show by evidence satisfactory to the board that he or she has
completed training in the detection and treatment of alcohol and
other chemical substance dependency. This requirement applies only to
applicants who matriculate on or after September 1, 1985.
(f) (1) Show by evidence satisfactory to the board that he or she
has completed coursework in spousal or partner abuse assessment,
detection, and intervention. This requirement applies to applicants
who began graduate training during the period commencing on January
1, 1995, and ending on December 31, 2003.
(2) An applicant who began graduate training on or after January
1, 2004, shall show by evidence satisfactory to the board that he or
she has completed a minimum of 15 contact hours of coursework in
spousal or partner abuse assessment, detection, and intervention
strategies, including knowledge of community resources, cultural
factors, and same gender abuse dynamics. An applicant may request an
exemption from this requirement if he or she intends to practice in
an area that does not include the direct provision of mental health
services.
(3) Coursework required under this subdivision may be satisfactory
if taken either in fulfillment of other educational requirements for
licensure or in a separate course. This requirement for coursework
shall be satisfied by, and the board shall accept in satisfaction of
the requirement, a certification from the chief academic officer of
the educational institution from which the applicant graduated that
the required coursework is included within the institution's required
curriculum for graduation.
(g) An applicant holding a doctoral degree in psychology from an
approved institution is deemed to meet the requirements of this
section if all of the following are true:
(1) The approved institution offered a doctoral degree in
psychology designed to prepare students for a license to practice
psychology and was approved by the Bureau for Private Postsecondary
and Vocational Education on or before July 1, 1999.
(2) The approved institution has not, since July 1, 1999, had a
new location, as described in Section 94721 of the Education Code.
(3) The approved institution is not a franchise institution, as
defined in Section 94729.3 of the Education Code.

2914.1. The board shall encourage every licensed psychologist to
take a continuing education course in geriatric pharmacology as a
part of his or her continuing education.

2914.2. The board shall encourage licensed psychologists to take
continuing education courses in psychopharmacology and biological
basis of behavior as part of their continuing education.

2914.3. (a) The board shall encourage institutions that offer a
doctorate degree program in psychology to include in their
biobehavioral curriculum, education and training in
psychopharmacology and related topics including pharmacology and
clinical pharmacology.
(b) The board shall develop guidelines for the basic education and
training of psychologists whose practices include patients with
medical conditions and patients with mental and emotional disorders,
who may require psychopharmacological treatment and whose management
may require collaboration with physicians and other licensed
prescribers. In developing these guidelines for training, the board
shall consider, but not be limited to, all of the following:
(1) The American Psychological Association's guidelines for
training in the biological bases of mental and emotional disorders.
(2) The necessary educational foundation for understanding the
biochemical and physiological bases for mental disorders.
(3) Evaluation of the response to psychotropic compounds,
including the effects and side effects.
(4) Competent basic practical and theoretical knowledge of
neuroanatomy, neurochemistry, and neurophysiology relevant to
research and clinical practice.
(5) Knowledge of the biological bases of psychopharmacology.
(6) The locus of action of psychoactive substances and mechanisms
by which these substances affect brain function and other systems of
the body.
(7) Knowledge of the psychopharmacology of classes of drugs
commonly used to treat mental disorders.
(8) Drugs that are commonly abused that may or may not have
therapeutic uses.
(9) Education of patients and significant support persons in the
risks, benefits, and treatment alternatives to medication.
(10) Appropriate collaboration or consultation with physicians or
other prescribers to include the assessment of the need for
additional treatment that may include medication or other medical
evaluation and treatment and the patient's mental capacity to consent
to additional treatment to enhance both the physical and the mental
status of the persons being treated.
(11) Knowledge of signs that warrant consideration for referral to
a physician.
(c) This section is intended to provide for training of clinical
psychologists to improve the ability of clinical psychologists to
collaborate with physicians. It is not intended to provide for
training psychologists to prescribe medication. Nothing in this
section is intended to expand the scope of licensure of
psychologists.

2915. (a) Except as provided in this section, on or after January
1, 1996, the board shall not issue any renewal license unless the
applicant submits proof that he or she has completed no less than 18
hours of approved continuing education in the preceding year. On or
after January 1, 1997, except as provided in this section, the board
shall issue renewal licenses only to those applicants who have
completed 36 hours of approved continuing education in the preceding
two years.
(b) Each person renewing his or her license issued pursuant to
this chapter shall submit proof of compliance with this section to
the board. False statements submitted pursuant to this section shall
be a violation of Section 2970.
(c) A person applying for relicensure or for reinstatement to an
active license status shall certify under penalty of perjury that he
or she is in compliance with this section.
(d) (1) The continuing education requirement shall include, but
shall not be limited to, courses required pursuant to Sections 25 and
28. The requirement may include courses pursuant to Sections 32 and
2914.1.
(2) (A) The board shall require a licensed psychologist who began
graduate study prior to January 1, 2004, to take a continuing
education course during his or her first renewal period after the
operative date of this section in spousal or partner abuse
assessment, detection, and intervention strategies, including
community resources, cultural factors, and same gender abuse
dynamics. Equivalent courses in spousal or partner abuse assessment,
detection, and intervention strategies taken prior to the operative
date of this section or proof of equivalent teaching or practice
experience may be submitted to the board and at its discretion, may
be accepted in satisfaction of this requirement.
(B) Continuing education courses taken pursuant to this paragraph
shall be applied to the 36 hours of approved continuing education
required under subdivision (a).
(C) A licensed psychologist whose practice does not include the
direct provision of mental health services may apply to the board for
an exemption from the requirements of this paragraph.
(3) Continuing education instruction approved to meet the
requirements of this section shall be completed within the State of
California, or shall be approved for continuing education credit by
the American Psychological Association or its equivalent as approved
by the board.
(e) The board may establish a policy for exceptions from the
continuing education requirement of this section.
(f) The board may recognize continuing education courses that have
been approved by one or more private nonprofit organizations that
have at least 10 years' experience managing continuing education
programs for psychologists on a statewide basis, including, but not
limited to:
(1) Maintaining and managing related records and data.
(2) Monitoring and approving courses.
(g) The board shall adopt regulations as necessary for
implementation of this section.
(h) A licensed psychologist shall choose continuing education
instruction that is related to the assessment, diagnosis, and
intervention for the client population being served or to the fields
of psychology in which the psychologist intends to provide services,
that may include new theoretical approaches, research, and applied
techniques. Continuing education instruction shall include required
courses specified in subdivision (d).
(i) A psychologist shall not practice outside his or her
particular field or fields of competence as established by his or her
education, training, continuing education, and experience.
(j) The administration of this section may be funded through
professional license fees and continuing education provider and
course approval fees, or both. The fees related to the administration
of this section shall not exceed the costs of administering the
corresponding provisions of this section.
(k) Continuing education credit may be approved for those
licensees who serve as commissioners on any examination pursuant to
Section 2947, subject to limitations established by the board.
(l) This section shall become operative on January 1, 2004.

2915.5. (a) Any applicant for licensure as a psychologist who began
graduate study on or after January 1, 2004, shall complete, as a
condition of licensure, a minimum of 10 contact hours of coursework
in aging and long-term care, which may include, but need not be
limited to, the biological, social, and psychological aspects of
aging. On and after January 1, 2012, this coursework shall include
instruction on the assessment and reporting of, as well as treatment
related to, elder and dependent adult abuse and neglect.
(b) Coursework taken in fulfillment of other educational
requirements for licensure pursuant to this chapter, or in a separate
course of study, may, at the discretion of the board, fulfill the
requirements of this section.
(c) In order to satisfy the coursework requirement of this
section, the applicant shall submit to the board a certification from
the chief academic officer of the educational institution from which
the applicant graduated stating that the coursework required by this
section is included within the institution's required curriculum for
graduation, or within the coursework, that was completed by the
applicant.
(d) The board shall not issue a license to the applicant until the
applicant has met the requirements of this section.

2915.7. (a) A licensee who began graduate study prior to January 1,
2004, shall complete a three-hour continuing education course in
aging and long-term care during his or her first renewal period after
the operative date of this section, and shall submit to the board
evidence acceptable to the board of the person's satisfactory
completion of that course.
(b) The course should include, but is not limited to, the
biological, social, and psychological aspects of aging. On and after
January 1, 2012, this coursework shall include instruction on the
assessment and reporting of, as well as treatment related to, elder
and dependent adult abuse and neglect.
(c) Any person seeking to meet the requirements of subdivision (a)
of this section may submit to the board a certificate evidencing
completion of equivalent courses in aging and long-term care taken
prior to the operative date of this section, or proof of equivalent
teaching or practice experience. The board, in its discretion, may
accept that certification as meeting the requirements of this
section.
(d) The board may not renew an applicant's license until the
applicant has met the requirements of this section.
(e) A licensee whose practice does not include the direct
provision of mental health services may apply to the board for an
exception to the requirements of this section.

2916. If any provision of this chapter or the application thereof
to any person or circumstances is held invalid, such invalidity shall
not affect any of the provisions or applications of this chapter
which can be given effect without such invalid provisions or
application, and to this end the provisions of this chapter are
declared to be severable.

2918. The confidential relations and communications between
psychologist and client shall be privileged as provided by Article 7
(commencing with Section 1010) of Chapter 4 of Division 8 of the
Evidence Code.

2919. A licensed psychologist shall retain a patient's health
service records for a minimum of seven years from the patient's
discharge date. If the patient is a minor, the patient's health
service records shall be retained for a minimum of seven years from
the date the patient reaches 18 years of age.