Section § 4989.10

Explanation

This law section names the chapter dealing with the practice of educational psychologists as the 'Educational Psychologist Practice Act.'

This chapter shall be known, and may be cited as, the Educational Psychologist Practice Act.

Section § 4989.12

Explanation

This law states that the Board of Behavioral Sciences is responsible for overseeing and implementing the rules in this chapter, and it is referred to as 'the board' within these rules.

The Board of Behavioral Sciences shall administer and enforce the provisions of this chapter. For the purposes of this chapter it shall be designated as the board.

Section § 4989.13

Explanation

This law states that if someone claims to perform or offers to perform educational psychology services for any form of payment, including donations, they are practicing educational psychology.

A person engages in the practice of educational psychology when he or she performs or offers to perform or holds himself or herself out as able to perform this service for remuneration in any form, including donations.

Section § 4989.14

Explanation

This law defines what educational psychologists do, such as evaluating educational abilities, diagnosing learning-related issues, and providing psychological counseling to help improve academic performance. They also administer and interpret tests to understand motivation and personality factors impacting learning. Additionally, they develop treatment plans and coordinate interventions for students dealing with crises or adjustment problems. For those supervising therapists in training, it mandates providing mental health services to students with emotional or behavioral issues affecting their education, including counseling, training for parents, and collaboration with educators to develop intervention strategies.

(a)CA Business & Professions Code § 4989.14(a) The practice of educational psychology is the performance of any of the following professional functions pertaining to academic learning processes or the educational system or both:
(1)CA Business & Professions Code § 4989.14(a)(1) Educational evaluation.
(2)CA Business & Professions Code § 4989.14(a)(2) Diagnosis of psychological disorders related to academic learning processes.
(3)CA Business & Professions Code § 4989.14(a)(3) Administration of diagnostic tests related to academic learning processes including tests of academic ability, learning patterns, achievement, motivation, and personality factors.
(4)CA Business & Professions Code § 4989.14(a)(4) Interpretation of diagnostic tests related to academic learning processes including tests of academic ability, learning patterns, achievement, motivation, and personality factors.
(5)CA Business & Professions Code § 4989.14(a)(5) Providing psychological counseling for individuals, groups, and families.
(6)CA Business & Professions Code § 4989.14(a)(6) Consultation with other educators and parents on issues of social development and behavioral and academic difficulties.
(7)CA Business & Professions Code § 4989.14(a)(7) Conducting psychoeducational assessments for the purposes of identifying special needs.
(8)CA Business & Professions Code § 4989.14(a)(8) Developing treatment programs and strategies to address problems of adjustment.
(9)CA Business & Professions Code § 4989.14(a)(9) Coordinating intervention strategies for management of individual crises.
(b)CA Business & Professions Code § 4989.14(b) For purposes of supervising an associate marriage and family therapist or a marriage and family therapist trainee pursuant to Section 4980.03, an associate clinical social worker pursuant to Section 4996.20, or an associate professional clinical counselor pursuant to Section 4999.12, “educationally related mental health services” are mental health services provided to clients who have social, emotional, or behavioral issues that interfere with their educational progress. These services include all of the following:
(1)CA Business & Professions Code § 4989.14(b)(1) Educationally related counseling services to clients qualified for special education that are necessary to receive a free appropriate public education in the least restrictive environment pursuant to the federal requirements of Section 1412 of Title 20 of the United States Code.
(2)CA Business & Professions Code § 4989.14(b)(2) Intensive counseling services on a continuum that may reflect an increase in frequency, duration, or staff specialization to address the client’s emotional and behavioral needs.
(3)CA Business & Professions Code § 4989.14(b)(3) Counseling services provided by qualified practitioners.
(4)CA Business & Professions Code § 4989.14(b)(4) Parent counseling and training.
(5)CA Business & Professions Code § 4989.14(b)(5) Psychological services that include consulting with staff members in planning school programs to meet the client’s educational needs and assisting in developing positive behavioral intervention strategies for the client.
(6)CA Business & Professions Code § 4989.14(b)(6) Social work services such as preparing a social or developmental history on a client with a disability.
(7)CA Business & Professions Code § 4989.14(b)(7) Group and individualized counseling with the client and family.
(8)CA Business & Professions Code § 4989.14(b)(8) Mobilizing school and community resources to enable the client to learn as effectively as possible in their educational program, as outlined in Section 300.34 of Title 34 of the Code of Federal Regulations.

Section § 4989.16

Explanation

This law says that if you have the right teaching credential from the Commission on Teacher Credentialing, you can do the job you're credentialed for in a public school without needing an additional license from the board mentioned in this chapter. It also clarifies that this law doesn't change or interfere with other important professional laws like those governing medical practice, nursing, psychology, therapy, and counseling.

(a)CA Business & Professions Code § 4989.16(a) A person appropriately credentialed by the Commission on Teacher Credentialing may perform the functions authorized by that credential in a public school without a license issued under this chapter by the board.
(b)CA Business & Professions Code § 4989.16(b) Nothing in this chapter shall be construed to constrict, limit, or withdraw the Medical Practice Act (Chapter 5 (commencing with Section 2000)), the Nursing Practice Act (Chapter 6 (commencing with Section 2700)), the Psychology Licensing Law (Chapter 6.6 (commencing with Section 2900)), the Licensed Marriage and Family Therapist Practice Act (Chapter 13 (commencing with Section 4980)), the Clinical Social Worker Practice Act (Chapter 14 (commencing with Section 4991)), or the Licensed Professional Clinical Counselor Act (Chapter 16 (commencing with Section 4999.10)).

Section § 4989.17

Explanation

If you're a licensed educational psychologist, you must give your clients a written notice in 12-point type about how they can contact the Board of Behavioral Sciences to file a complaint. This should be done before or soon after you start services. Starting July 1, 2025, the notice also needs to include your full name, license number, type of license, and when it expires. You need to keep a record that you've given this notice to the client.

(a)CA Business & Professions Code § 4989.17(a) A licensee shall provide a client with a notice written in at least 12-point type prior to initiating psychological services, or as soon as practicably possible thereafter, that reads as follows:
NOTICE TO CLIENTS
The Board of Behavioral Sciences receives and responds to complaints regarding services provided within the scope of practice of licensed educational psychologists. You may contact the board online at www.bbs.ca.gov, or by calling (916) 574-7830.
(b)CA Business & Professions Code § 4989.17(b) On and after July 1, 2025, upon initiation of psychological services with a client, the notice described in subdivision (a) shall also include the licensee’s full name as filed with the board, the license number, the type of license, and the license expiration date.
(c)CA Business & Professions Code § 4989.17(c) Delivery of the notice required by this section to the client shall be documented.

Section § 4989.18

Explanation

This section says that the board can create, change, or remove rules about professional behavior to ensure high standards in the profession, as long as these rules don't conflict with another specific section. Every licensed professional must follow these rules.

The board may, by rules or regulations, adopt, amend, or repeal rules of professional conduct appropriate to the establishment and maintenance of a high standard of integrity and dignity in the profession, provided those rules or regulations are not inconsistent with Section 4989.54. Every person licensed under this chapter shall be governed by those rules of professional conduct.