5. Do the regulations allow telehealth services when the psychologist and/or the patient has moved permanently out of state? It depends. Consideration should be given to the licensing laws and regulations of the jurisdictions in which the psychologist and client are located as the licensee may be considered to be practicing in the jurisdiction in which they are located and/or the jurisdiction in which
the client is located. A California license does not counter the obligation to practice in accordance with the laws and regulations of the jurisdiction to which the psychologist and/or the client has permanently relocated. The Board will investigate any complaint made against a California licensee regardless of where the services were delivered or received (16 CCR 1397.2(b-c)).
LEGISLATIVE UPDATE SB 401—Psychology: Unprofessional Conduct: Disciplinary Action: Sexual Acts Passed on August 23, 2022 and signed by the governor on September 13, 2022. Full text: https://leginfo.legislature.ca.gov/faces/billNavClient. xhtml?bill_id=202120220SB401
h. Willful, unauthorized communication of information received in professional confidence. i. Violating any rule of professional conduct promulgated by the board and set forth in regulations duly adopted under this chapter. j. Being grossly negligent in the practice of their profession. k. Violating any of the provisions of this chapter or regulations duly adopted thereunder. l. The aiding or abetting of any person to engage in the unlawful practice of psychology. m. The suspension, revocation or imposition of probationary conditions by another state or country of a license or certificate to practice psychology or as a psychological assistant issued by that state or country to a person also holding a license or registration issued under this chapter if the act for which the disciplinary action was taken constitutes a violation of this section. n. The commission of any dishonest, corrupt, or fraudulent act. o. 1. Any act of sexual abuse or sexual misconduct. 2. Any act of sexual behavior or sexual contact with a client or former client within two years following termination of therapy. 3. For purposes of this section, the following definitions apply: A. “Sexual abuse” means the touching of an intimate part of a person by force or coercion. B. “Sexual behavior” means inappropriate physical contact or communication of a sexual nature with a client or a former client for the purpose of sexual arousal, gratification, exploitation, or abuse. “Sexual behavior” does not include the provision of appropriate therapeutic interventions relating to sexual issues. C. “Sexual contact” means the touching of an intimate part of a client or a former client. D. “Sexual misconduct” means inappropriate p. Functioning outside of their particular field or fields of competence as established by their education, training, and experience. q. Willful failure to submit, on behalf of an applicant for licensure, verification of supervised experience to the board. r. Repeated acts of negligence. This bill allows the supervision of an applicant for licensure as a psychologist or psychological associate to be provided in real time, which is now defined as through in- person or synchronous audiovisual means. There is no change to the limitation that a licensed psychologist may not supervise more than three psychological associates at any given time. conduct or communication of a sexual nature that is substantially related to the qualifications, functions, or duties of a psychologist or registered psychological associate.
The Board of Psychology sponsored a bill that adds sexual behavior to the list of what is considered unprofessional conduct and provides clear definitions for what constitutes sexual behavior, sexual contact, and sexual misconduct. It also provides that any finding of fact that a licensee engaged in acts of sexual abuse, behavior, or misconduct will contain an order of revocation that shall not by stayed by an administrative law judge. Under the previous law the list of unprofessional conduct included sexual abuse or sexual relations with a patient or former patient within two years of termination of therapy, or sexual misconduct that is related to the qualifications, functions, or duties of the psychologist. This bill clarifies that unprofessional conduct includes any act of sexual behavior or sexual contact with a patient or former patient within two years of termination of therapy as well as any act of sexual abuse or sexual misconduct. Section 2960 of the Business and Professions Code has been amended to read that unprofessional conduct includes: a. Conviction of a crime substantially related to the qualifications, functions or duties of a psychologist or registered psychological associate. b. Use of any controlled substance as defined in Division 10 (commencing with Section 11000) of the Health and Safety Code, or dangerous drug, or any alcoholic beverage to an extent or in a manner dangerous to themselves, any other person, or the public, or to an extent that this use impairs their ability to perform the work of a psychologist with safety to the public. c. Fraudulently or neglectfully misrepresenting the type or status of license or registration actually held. d. Impersonating another person holding a psychology license or allowing another person to use their license or registration. e. Using fraud or deception in applying for a license or registration or in passing the examination provided for in this chapter. f. Paying, or offering to pay, accepting, or soliciting any consideration, compensation, or remuneration, whether monetary or otherwise, for the referral of clients. g. Violating Section 17500. AB 2754 Chapter 163—Psychology: Supervision Effective August 22, 2022 Full text: https://leginfo.legislature.ca.gov/faces/billNavClient. xhtml? bill_id=202120220AB2754 Existing law requires an applicant for licensure as a psychologist to have engaged in supervised professional experience under the direction of a licensed psychologist, or under suitable alternative supervision, for at least two years, at least one year of which is required to occur after the applicant has been awarded the qualifying doctoral degree.
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