SB 401 California Senate · 2021-2022 Regular Session

Psychology: unprofessional conduct: disciplinary action: sexual acts.

Summary
Existing law, the Psychology Licensing Law, provides for the licensure, regulation, and discipline of psychologists by the Board of Psychology. Existing law authorizes the board to refuse to issue a registration or license, to issue a registration or license with terms and conditions, or to suspend or revoke the registration or license of a registrant or licensee if the applicant, registrant, or licensee has been guilty of unprofessional conduct. Under existing law, unprofessional conduct includes, among other things, any act of sexual abuse, or sexual relations with a patient or former patient within 2 years following termination of therapy, or sexual misconduct that is substantially related to the qualifications, functions, or duties of a psychologist or registered psychological associate. This bill would recast and revise the circumstances under which specified sexual acts constitute unprofessional conduct. The bill would provide that unprofessional conduct includes any act of sexual behavior or sexual contact with a client or former client within 2 years following termination of therapy and any act of sexual abuse or sexual misconduct. The bill would define those terms for its purposes. Existing law, as an exception to the provisions described above that authorize specified disciplinary action by the board, requires that an order of revocation of a registration or license be included in a specified administrative adjudication decision or proposed decision that contains a finding of fact that the licensee or registrant engaged in an act of sexual contact, as defined, with a patient or former patient within 2 years following termination of therapy. Existing law prohibits an administrative law judge from staying the revocation. This bill would also authorize an order of revocation to be included with any proposed or issued decision that contains a finding that the licensee or registrant engaged in sexual abuse, sexual behavior, or sexual misconduct, as those terms are defined.
Bill status signed all 5 stages cleared
Introduction
Feb 2021
Committee Review
Aug 2022
Senate Passage
Apr 2021
Assembly Passage
Aug 2022
Signed into Law
Sep 2022
Introduced Feb 12, 2021 Signed Sep 13, 2022
Floor votes · Senate Apr 22, 2021 · Assembly Aug 11, 2022

How they voted

350
Passed · 2 other
Total votes 37
Apr 22, 2021
D Democratic29
27 Yea 2
93% Yea
R Republican8
8 Yea
100% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
30
Key actions
11
Committee
10
Amendments
4
Sep 13, 2022
Signed into law
Approved by the Governor.
legislature
Aug 16, 2022
Upper · Passed
Assembly amendments concurred in. (Ayes 36. Noes 0. Page 4846.) Ordered to engrossing and enrolling.
upper
Aug 11, 2022
Introduced
In Senate. Concurrence in Assembly amendments pending.
upper
Aug 11, 2022
Lower · Passed
Read third time. Passed. (Ayes 76. Noes 0. Page 5827.) Ordered to the Senate.
lower
Aug 3, 2022
Lower · Passed
From committee: Do pass. Ordered to consent calendar. (Ayes 15. Noes 0.) (August 3).
lower
Jun 21, 2022
Lower · Passed
From committee: Do pass and re-refer to Com. on APPR. with recommendation: To consent calendar. (Ayes 18. Noes 0.) (June 21). Re-referred to Com. on APPR.
lower
Jun 6, 2022
Lower · Passed
From committee with author's amendments. Read second time and amended. Re-referred to Com. on B. & P.
lower
May 27, 2022
Committee
Re-referred to Com. on B. & P.
lower
Jun 17, 2021
Committee
Re-referred to Com. on RLS. pursuant to Assembly Rule 96.
lower
May 13, 2021
Committee
Referred to Com. on B. & P.
lower
Apr 22, 2021
Upper · Passed
Read third time. Passed. (Ayes 38. Noes 0. Page 887.) Ordered to the Assembly.
upper
Apr 19, 2021
Upper · Passed
From committee: Be ordered to second reading pursuant to Senate Rule 28.8 and ordered to consent calendar.
upper
Mar 25, 2021
Upper · Passed
April 5 hearing postponed by committee.
upper
Mar 22, 2021
Upper · Passed
From committee: Do pass and re-refer to Com. on APPR with recommendation: To consent calendar. (Ayes 14. Noes 0. Page 573.) (March 22). Re-referred to Com. on APPR.
upper
Mar 18, 2021
Committee
Re-referred to Com. on B., P. & E.D.
upper
Mar 4, 2021
Upper · Passed
From committee with author's amendments. Read second time and amended. Re-referred to Com. on RLS.
upper
Feb 25, 2021
Committee
Referred to Com. on RLS.
upper
Feb 12, 2021
Introduced
Introduced. Read first time. To Com. on RLS. for assignment. To print.
upper
1 primary · 0 co-sponsors

Sponsors

Role
Legislator
Party
State
District
P
Photo of Richard Pan
Richard Pan
DDemocratic
CA
6