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SB-1428 Psychological testing technicians.(2021-2022)

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Date Published: 09/28/2022 02:00 PM
SB1428:v96#DOCUMENT

Senate Bill No. 1428
CHAPTER 622

An act to amend Section 2987 of, and to add Article 10 (commencing with Section 2999.100) to Chapter 6.6 of Division 2 of, the Business and Professions Code, relating to healing arts.

[ Approved by Governor  September 27, 2022. Filed with Secretary of State  September 27, 2022. ]

LEGISLATIVE COUNSEL'S DIGEST


SB 1428, Archuleta. Psychological testing technicians.
The Psychology Licensing Law provides for the licensure and regulation of psychologists by the Board of Psychology. The act prohibits a person from engaging in the practice of psychology or representing that the person is a psychologist without a license, except as specified, and makes any violation of the act a crime. Existing law authorizes a person other than a licensed psychologist to register with the board as a registered psychological associate and perform specified psychological functions if specified requirements are met.
This bill, on and after January 1, 2024, would authorize a person who is registered with the board as a psychological testing technician to administer and score standardized objective psychological and neuropsychological tests and observe and describe clients’ test behavior and responses. The bill would set forth specified requirements for registration as a psychological testing technician, including submitting an application to the board and attesting under penalty of perjury that the information in the application is true and correct. By expanding the scope of the crime of perjury, the bill would impose a state-mandated local program. The bill would set forth education and training requirements for registration as a psychological testing technician, including proof of completion of a minimum of 80 hours of education and training relating to psychological or neuropsychological test administration and scoring. The bill would require all psychological testing technician services to be provided under the direct supervision of a licensed psychologist, would require supervisors of psychological testing technicians to meet specified requirements, and would assign specified responsibilities to the supervising psychologist, including monitoring the psychological testing technician’s compliance with applicable laws and regulations. The bill would require a psychological testing technician to renew their registration annually, as specified, and would establish a fee of $75 for registration or renewal and a fee of $25 to add or change the psychological testing technician’s supervisor. By expanding the scope of the Psychology Licensing Law, the violation of which is a crime, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

The people of the State of California do enact as follows:


SECTION 1.

 Article 10 (commencing with Section 2999.100) is added to Chapter 6.6 of Division 2 of the Business and Professions Code, to read:
Article  10. Psychological Testing Technicians

2999.100.
 (a) “Psychological testing technician” means an individual not otherwise authorized to provide psychological and neuropsychological testing under this chapter who is registered with the board and is authorized to perform the following functions:
(1) Administer and score standardized objective psychological and neuropsychological tests.
(2) Observe and describe clients’ test behavior and test responses.
(b) A psychological testing technician shall not perform the following functions:
(1) Select tests or versions of tests.
(2) Interpret test results.
(3) Write test reports.
(4) Provide test feedback to clients.
(c) A psychological testing technician shall only use the titles “psychological testing technician” or “neuropsychological testing technician.” A psychological testing technician shall not use the title “psychologist” or any title incorporating the word “psychologist.”
(d) Failure to comply with this section shall be grounds for disciplinary action.

2999.101.
 To register as a psychological testing technician, a person shall submit the following to the board:
(a) An application that includes the following information:
(1) The applicant’s name, identification, and contact information.
(2) The applicant’s supervisor’s name, license number, and contact information.
(3) Attestation under penalty of perjury that the information provided on the application is true and correct.
(b) Proof of completion of a bachelor’s degree or graduate degree, or proof of current enrollment in a graduate degree program, from a regionally accredited university, college, or professional school, in either of the following subjects:
(1) Psychology.
(2) Education, with the field of specialization in educational psychology, counseling psychology, or school psychology.
(c) (1) Proof of completion of a minimum of 80 hours total of education and training relating to psychological or neuropsychological test administration and scoring that includes the following:
(A) At least 20 hours of direct observation, including at least 10 hours of direct observation of a licensed psychologist administering and scoring tests, and at least 10 hours of direct observation of either a licensed psychologist or registered psychological testing technician administering and scoring tests.
(B) At least 40 hours of administering and scoring tests in the presence of a licensed psychologist.
(C) At least 20 hours of education on topics including law and ethics, confidentiality, and best practices for test administration and scoring.
(2) Education and training may be obtained by doing any combination of the following:
(A) Participating in individual or group instruction provided by a licensed psychologist.
(B) Engaging in independent learning directed by a licensed psychologist.
(C) Completing graduate-level coursework at a regionally accredited university, college, or professional school.
(D) Taking continuing education courses from organizations with board approval pursuant to Section 2915.
(3) Nothing in this chapter shall prevent a person engaged in gaining the experience required by this subdivision from administering and scoring psychological and neuropsychological tests.
(d) The registration fee for a psychological testing technician as specified in Section 2987.
(e) Electronic fingerprint image scans for a state- and federal-level criminal offender record information search conducted through the Department of Justice.

2999.102.
 (a) All psychological testing technician services shall be provided under the direct supervision of a licensed psychologist.
(b) A supervisor of psychological testing technicians shall satisfy all of the following requirements:
(1) Be employed by, or contracted to, the same work setting as the psychological testing technician they are supervising.
(2) Be available in-person, by telephone, or by other appropriate technology at all times the psychological testing technician provides services.
(3) Be responsible for all of the following:
(A) Ensuring that the extent, kind, and quality of the services that the psychological testing technician provides are consistent with the psychological testing technician’s training and experience.
(B) Monitoring the psychological testing technician’s compliance with applicable laws and regulations.
(C) Informing the client prior to the rendering of services by a psychological testing technician that the technician is registered as a psychological testing technician and is functioning under the direction and supervision of the supervisor.
(c) A psychological testing technician shall notify the board of any change to their direct supervisor. To add or change a supervisor, a psychological testing technician shall submit the following:
(1) Registrant’s name, registration number, and contact information.
(2) New or additional supervisor’s name, license number, and contact information.
(3) Current supervisor’s name, license number, and contact information.
(4) Attestation under penalty of perjury that the information provided on the application is true and correct.
(5) The fee to add or change a supervisor for a psychological testing technician, as specified in Section 2987.

2999.103.
 (a) A psychological testing technician shall renew their registration annually by submitting the following to the board:
(1) The registrant’s name, registration number, and contact information.
(2) The supervisor’s name, license number, and contact information.
(3) Disclosure as to whether or not the registrant has been convicted of any violation of the law in this or any other state, the United States or its territories, military court, or other country, omitting traffic infractions under five hundred dollars ($500) not involving alcohol, a dangerous drug, or a controlled substance, since the issuance or previous renewal of their registration.
(4) Disclosure as to whether or not the registrant has had a license or registration disciplined by a governmental agency or other disciplinary body, since the issuance or previous renewal of their registration. Discipline includes, but is not limited to, suspension, revocation, voluntary surrender, probation, reprimand, or any other restriction on a license or registration held.
(5) Attestation under penalty of perjury that the information provided on the application is true and correct.
(6) The annual renewal fee for a psychological testing technician as specified in Section 2987.
(b) Without renewal, a psychological testing technician registration expires annually. If the registration expires, then the person who was registered:
(1) Shall not provide psychological testing technician services.
(2) Shall renew within 60 days after its expiration and pay the renewal and delinquency fees as specified in Section 2987, or the registration shall be canceled and a new application for registration shall be submitted to the board.

2999.104.
 Nothing in this article shall be construed to expand or constrict the scope of practice of a person who is licensed under any other provision of this division.

2999.105.
 This article shall become operative on January 1, 2024.

SEC. 2.

 Section 2987 of the Business and Professions Code is amended to read:

2987.
 The amount of the fees prescribed by this chapter shall be determined by the board, and shall be as follows:
(a) The application fee for a psychologist shall not be more than fifty dollars ($50).
(b) The examination and reexamination fees for the examinations shall be the actual cost to the board of developing, purchasing, and grading of each examination, plus the actual cost to the board of administering each examination.
(c) The initial license fee is an amount equal to the renewal fee in effect on the last regular renewal date before the date on which the license is issued.
(d) The biennial renewal fee for a psychologist shall be four hundred dollars ($400). The board may increase the renewal fee to an amount not to exceed five hundred dollars ($500).
(e) The application fee for registration as a registered psychological associate under Section 2913 shall not be more than seventy-five dollars ($75).
(f) The annual renewal fee for registration of a psychological associate shall not be more than seventy-five dollars ($75).
(g) The duplicate license or registration fee is five dollars ($5).
(h) The delinquency fee is 50 percent of the renewal fee for each license type, not to exceed one hundred fifty dollars ($150).
(i) The endorsement fee is five dollars ($5).
(j) The file transfer fee is ten dollars ($10).
(k) The registration fee for a psychological testing technician shall be seventy-five dollars ($75).
(l) The annual renewal fee for a psychological testing technician is seventy-five dollars ($75).
(m) The fee to add or change a supervisor for a psychological testing technician is twenty-five dollars ($25).
Notwithstanding any other provision of law, the board may reduce any fee prescribed by this section, when, in its discretion, the board deems it administratively appropriate.

SEC. 3.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.