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Board discusses Legislative Analyst Office recommendations on CDCR receiverhip and out-of-state practice
Summary
Executive Officer John Burke told the board he reviewed LAO recommendations tied to the CDCR mental-health receivership, including proposals to ease out-of-state licensing requirements; the board signaled concern and said it had not been consulted by the LAO before publication.
The California Board of Psychology received an informational update May 15 from Executive Officer John Burke on Legislative Analyst Office (LAO) recommendations connected to the federal court receivership over mental-health care in the California Department of Corrections and Rehabilitation (CDCR). Burke told the board the LAO report included two recommendations of concern: eliminating the requirement for licensed out-of-state providers to obtain California licenses and asking the court to allow tele-mental-health providers to practice from out of state without registering.
Burke emphasized that no legislation has been adopted and that the board would likely oppose any measure that removed licensure oversight absent statutory change. He said, 'no legislation has been mandated by the court and if such legislation were proposed it's anticipated the board and other boards would oppose that.' Board members pressed staff for more context about drivers of CDCR staffing shortages; some members suggested reimbursement and compensation were likely contributors and asked whether CDCR would be invited to present to the board.
Public commenters and board members urged the board to coordinate with CDCR and other stakeholders if legislative proposals move forward. Several speakers said expanding out-of-state practice without parallel efforts to support in-state psychologists (for example, by addressing pay or pipelines) could harm California's licensed workforce.
Why it matters: LAO recommendations involving licensure or out-of-state practice could change who may lawfully provide care to incarcerated populations and how telehealth is delivered. The board flagged the recommendations as informational and noted it was not contacted during the LAO report development; staff were asked to pursue further updates and consider inviting CDCR for a future presentation.
