AB 1715, as introduced, Holden. Healing arts: behavior analysis: licensing.
Existing law provides for the licensure and regulation of various healing arts licensees by various boards, as defined, within the Department of Consumer Affairs, including the Board of Psychology. Under existing law, until January 1, 2017, the board is vested with the power to enforce the Psychology Licensing Law, and consists of 9 members, 4 of whom are public members and 5 of whom are licensed psychologists. Existing law requires the board to post information on its licensees, as specified, including, among others, psychological assistants. Existing law specifies that a quorum of the board requires 5 members.
This bill would, on and after July 1, 2018, increase the number of members that constitute a quorum of the board to 6 members, and would require the Governor to appoint 2 additional members to the board that to meet certain requirements, including, but not limited to, that one member is licensed as a psychologist and qualified to practice behavior analysis, as defined.
This bill would establish the Behavior Analyst Act. The bill would require a person to apply for and obtain a license from the board prior to engaging in the practice of behavior analysis, as defined, either as a behavior analyst or an assistant behavior analyst. The bill would require these applicants to, among other things, meet certain educational and training requirements, and submit fingerprints for both a state and federal criminal background check. The bill would require an assistant behavior analyst applicant to provide proof to the board of ongoing supervision by a licensed behavior analyst or a licensed psychologist who is qualified to practice behavior analysis, as specified. The bill would provide that those licenses expire 2 years after the date of issuance and would authorize the renewal of unexpired licenses if certain requirements are met, including the completion of specified continuing education. The bill would also require an applicant to certify, under penalty of perjury, that he or she is in compliance with that continuing education requirement. By expanding the crime of perjury, the bill would impose a state-mandated local program.
This bill would also require a behavior analysis technician, as defined, who practices under the direction and supervision of a licensed behavior analyst, a licensed assistant behavior analyst, or a licensed psychologist who is qualified to practice behavior analysis, to submit, among other things, an application subject to board approval, fingerprints for a state and federal criminal background check, and payment of an annual application fee.
This bill would, until January 1, 2022, vest the board with the power to enforce the Behavior Analyst Act, and would require the board to, among other things, post information regarding licensed behavior analysts and licensed assistant behavior analysts, as specified. The bill would, until January 1, 2022, create the Behavior Analyst Committee within the jurisdiction of the board, and would require the committee to be comprised of 5 members who shall be appointed as specified. The bill would authorize the committee to make recommendations to the board regarding the regulation of the practice of behavior analysis in the state.
This bill would define certain terms for these purposes. The bill would require the board to conduct disciplinary hearings, as specified. The bill, on and after July 1, 2019, would make it unlawful to, among other things, practice behavior analysis without being licensed by the board, except as specified.
This bill would make a licensee or health care facility, as defined, that fails or refuses to comply with an authorized client request or court order for the medical records of a client subject to a specified civil penalty, except as specified. The bill would also make a licensee or health care facility with multiple violations of those court orders subject to a crime. By creating a new crime, the bill would impose a state-mandated local program.
This bill would make a violation of any of these provisions a misdemeanor punishable by 6 months in the county jail or a fine not to exceed $2,500, or by both imprisonment and a fine. By creating a new crime, this bill would result in 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. State-mandated local program: yes.
The people of the State of California do enact as follows:
Section 27 of the Business and Professions Code
2 is amended to read:
(a) Each entity specified in subdivisions (c), (d), and (e)
4shall provide on the Internet information regarding the status of
5every license issued by that entity in accordance with the California
6Public Records Act (Chapter 3.5 (commencing with Section 6250)
7of Division 7 of Title 1 of the Government Code) and the
8Information Practices Act of 1977 (Chapter 1 (commencing with
9Section 1798) of Title 1.8 of Part 4 of Division 3 of the Civil Code).
10The public information to be provided on the Internet shall include
11information on suspensions and revocations of licenses issued by
12the entity and other related enforcement action, including
13accusations filed pursuant to the Administrative Procedure Act
14(Chapter 3.5 (commencing with Section 11340) of Part 1 of
15Division 3 of Title 2 of the Government Code) taken by the entity
16relative to persons, businesses, or facilities subject to licensure or
17regulation by the entity. The information may not include personal
18information, including home telephone number, date of birth, or
19social security number. Each entity shall disclose a licensee’s
P4 1address of record. However, each entity shall allow a licensee to
2provide a post office box number or other alternate address, instead
3of his or her home address, as the address of record. This section
4shall not preclude an entity from also requiring a licensee, who
5has provided a post office box number or other alternative mailing
6address as his or her address of record, to provide a physical
7business address or residence address only for the entity’s internal
8administrative use and not for disclosure as the licensee’s address
9of record or disclosure on the Internet.
10(b) In providing information on the Internet, each entity specified
11in subdivisions (c) and (d) shall comply with the Department of
12Consumer Affairs’ guidelines for access to public records.
13(c) Each of the following entities within the Department of
14Consumer Affairs shall comply with the requirements of this
16(1) The Board for Professional Engineers, Land Surveyors, and
17Geologists shall disclose information on its registrants and
19(2) The Bureau of Automotive Repair shall disclose information
20on its licensees, including auto repair dealers, smog stations, lamp
21and brake stations, smog check technicians, and smog inspection
23(3) The Bureau of Electronic and Appliance Repair, Home
24Furnishings, and Thermal Insulation shall disclose information on
25its licensees and registrants, including major appliance repair
26dealers, combination dealers (electronic and appliance), electronic
27repair dealers, service contract sellers, and service contract
29(4) The Cemetery and Funeral Bureau shall disclose information
30on its licensees, including cemetery brokers, cemetery salespersons,
31cemetery managers, crematory managers, cemetery authorities,
32crematories, cremated remains disposers, embalmers, funeral
33establishments, and funeral directors.
34(5) The Professional Fiduciaries Bureau shall disclose
35information on its licensees.
36(6) The Contractors’ State License Board shall disclose
37information on its licensees and registrants in accordance with
38Chapter 9 (commencing with Section 7000) of Division 3. In
39addition to information related to licenses as specified in
40subdivision (a), the board shall also disclose information provided
P5 1to the board by the Labor Commissioner pursuant to Section 98.9
2of the Labor Code.
3(7) The Bureau for Private Postsecondary Education shall
4disclose information on private postsecondary institutions under
5its jurisdiction, including disclosure of notices to comply issued
6pursuant to Section 94935 of the Education Code.
7(8) The California Board of Accountancy shall disclose
8information on its licensees and registrants.
9(9) The California Architects Board shall disclose information
10on its licensees, including architects and landscape architects.
11(10) The State Athletic Commission shall disclose information
12on its licensees and registrants.
13(11) The State Board of Barbering and Cosmetology shall
14disclose information on its licensees.
15(12) The State Board of Guide Dogs for the Blind shall disclose
16information on its licensees and registrants.
17(13) The Acupuncture Board shall disclose information on its
19(14) The Board of Behavioral Sciences shall disclose
20 information on its licensees, including licensed marriage and family
21therapists, licensed clinical social workers, licensed educational
22psychologists, and licensed professional clinical counselors.
23(15) The Dental Board of California shall disclose information
24on its licensees.
25(16) The State Board of Optometry shall disclose information
26regarding certificates of registration to practice optometry,
27statements of licensure, optometric corporation registrations, branch
28office licenses, and fictitious name permits of its licensees.
29(17) The Board of Psychology shall disclose information on its
30licensees, including psychologists, psychological assistants,
begin delete and
31registered psychologists.end delete
33(d) The State Board of Chiropractic Examiners shall disclose
34information on its licensees.
35(e) The Structural Pest Control Board shall disclose information
36on its licensees, including applicators, field representatives, and
37operators in the areas of fumigation, general pest and wood
38destroying pests and organisms, and wood roof cleaning and
P6 1(f) The Bureau of Medical Marijuana Regulation shall disclose
2information on its licensees.
3(g) “Internet” for the purposes of this section has the meaning
4set forth in paragraph (6) of subdivision (f) of Section 17538.
Section 2920 of the Business and Professions Code is
6amended to read:
(a) The Board of Psychology shall enforce and
begin delete chapter.end delete The board shall consist of begin delete nineend delete members,
begin delete fourend delete of whom shall be public members.
15 This section shall remain in effect only until January 1, 2017,
16and as of that date is
begin delete repealed, unless a later enacted statute, that
17is enacted before January 1, 2017, deletes or extends that date.end delete
20 Notwithstanding any other
begin delete provision ofend delete law, the repeal of
21this section renders the board subject to review by the appropriate
22policy committees of the Legislature.
Section 2922 of the Business and Professions Code is
24amended to read:
In appointing the members of the board, except the
26public members, the Governor shall use his or her judgment to
27select psychologists who represent, as widely as possible, the varied
28professional interests of psychologists in California.
29 The Governor shall appoint two of the public members
30the five licensed members of the board qualified as provided in
31Section 2923. The Senate
begin delete Rulesend delete Committee and the
32Speaker of the Assembly shall each appoint a public
begin delete member, and
33their initial appointment shall be made to fill, respectively, the first
34and second public member vacancies which occur on or after
35January 1, 1983.end delete
Section 2922 is added to the Business and Professions
39Code, to read:
(a) In appointing the licensed members of the board,
2the Governor shall use his or her judgment to select psychologists
3and behavior analysts who represent, as widely as possible, the
4varied professional interests of psychologists and behavior analysts
6(b) The Governor shall appoint three of the public members and
7the six licensed members of the board qualified as provided in
8Section 2923. The Senate Committee on Rules and the Speaker of
9the Assembly shall each appoint a public member.
10(c) This section shall become operative on July 1, 2018.
Section 2923 of the Business and Professions Code is
12amended to read:
Each member of the board shall have all of the
16 He or she shall be a resident of this state.
18 Each member appointed, except the public
begin delete membersend delete
19 shall be a licensed psychologist.
20 The public members shall not be licentiates of the board or
21of any board under this division or of any board referred to in the
22Chiropractic Act or the Osteopathic Act.
Section 2923 is added to the Business and Professions
26Code, to read:
(a) Each member of the board shall be a resident of this
29(b) Five members of the board shall be licensed as psychologists
30under this chapter.
31(c) One member shall be licensed as a psychologist and qualified
32to practice behavior analysis, as defined in Section 2999.12, as
34(1) For the first appointment after the operative date of this
35section, the member shall hold a certificate as a certified behavior
36analyst from a certifying entity, as defined in Section 2999.12.
37(2) For subsequent appointments, the member shall be licensed
38as a behavior analyst under Chapter 6.7 (commencing with Section
P8 1(d) The public members shall not be licentiates of the board or
2of any board under this division or of any board referred to in the
3Chiropractic Act or the Osteopathic Act.
4(e) This section shall become operative on July 1, 2018.
Section 2927 of the Business and Professions Code is
6amended to read:
Five members of the board shall at all times
8constitute a quorum.
Section 2927 is added to the Business and Professions
12Code, to read:
(a) Six members of the board shall at all times constitute
15(b) This section shall become operative on July 1, 2018.
Chapter 6.7 (commencing with Section 2999.10) is
17added to Division 2 of the Business and Professions Code, to read:
This chapter shall be known, and may be cited, as the
24Behavior Analyst Act.
(a) The Legislature finds and declares that the practice
26of behavior analysis in California affects the public health, safety,
27and welfare, and is subject to regulation to protect the public from
28the unauthorized and unqualified practice of behavior analysis,
29and unprofessional, unethical, or harmful conduct by persons
30licensed to practice behavior analysis.
31(b) It is the intent of the Legislature that the board begin
32accepting applications for behavior analyst licensure and assistant
33behavior analyst licensure no later than January 1, 2018, provided
34that the funds necessary to implement this chapter have been
35appropriated by the Legislature as specified in Section 2999.98.
For purposes of this chapter, the following terms have
37the following meanings:
38(a) “Behavior analysis technician” means an individual who
39works directly with a client to implement applied behavior analysis
40services under the direction and supervision of a licensed behavior
P9 1analyst, a licensed assistant behavior analyst, or a licensed
2psychologist who is qualified to practice behavior analysis, and
3has successfully completed the application requirements described
4in Section 2999.36.
5(b) “Board” means the Board of Psychology.
6(c) “Certifying entity” means the Behavior Analyst Certification
7Board or its successor, or another national credentialing
8organization with behavior analyst certification programs approved
9by the board and accredited by the National Commission for
11(d) “Committee” means the Behavior Analyst Committee.
12(e) “Department” means the Department of Consumer Affairs.
13(f) “Licensed assistant behavior analyst” means a person licensed
14under this chapter to practice behavior analysis under the
15supervision of a licensed behavior analyst.
16(g) “Licensed behavior analyst” means a person licensed under
17this chapter to practice behavior analysis.
18(h) “Practice of behavior analysis” or “to practice behavior
19analysis” means the design, implementation, and evaluation of
20instructional and environmental modifications to produce socially
21significant improvements in human behavior and includes the
22empirical identification of functional relations between behavior
23and environmental factors, known as functional assessment and
24analysis, interventions based on scientific research and the direct
25observation and measurement of behavior and the environment,
26and utilization of contextual factors, motivating operations,
27antecedent stimuli, positive reinforcement, and other consequences
28to help people develop new behaviors, increase or decrease existing
29behaviors, and emit behaviors under specific environmental
31(1) The practice of behavior analysis does not include
32psychological testing and assessment, diagnosis of a mental or
33physical disorder, neuropsychology, psychotherapy, cognitive
34therapy, sex therapy, psychoanalysis, hypnotherapy, counseling,
35prescribing drugs, performing surgery, or administering
37(2) The Legislature recognizes that the scopes of practice of
38healing arts licensees regulated under this division sometimes
39contain similar practices. However, nothing herein shall be
40construed to allow a licensed behavior analyst or a licensed
P10 1assistant behavior analyst to engage in those practices, including,
2but not limited to, assessments, other than specific to their scope
3of practice within behavior analysis as described herein. Any
4person practicing behavior analysis under this chapter who violates
5this provision is subject to disciplinary action by both the Board
6of Psychology and the board overseeing the relevant practice.
(a) The Board of Psychology is vested with the power
11to administer the provisions and requirements of this chapter, and
12may make and enforce rules and regulations that are reasonably
13necessary to carry out its provisions.
14(b) This section shall remain in effect only until January 1, 2022,
15and as of that date is repealed. Notwithstanding any other law, the
16repeal of this section renders the board subject to review by the
17appropriate policy committees of the Legislature.
Protection of the public shall be the highest priority
19for the board in exercising its licensing, regulatory, and disciplinary
20functions pursuant to this chapter. Whenever the protection of the
21public is inconsistent with other interests sought to be promoted,
22the protection of the public shall be paramount.
The board shall adopt, amend, and repeal regulations
24to implement the requirements of this chapter. All regulations
25adopted by the board shall comply with the provisions of Chapter
263.5 (commencing with Section 11340) of Part 1 of Division 3 of
27Title 2 of the Government Code.
The board shall adopt a program of consumer and
29professional education in matters relevant to the ethical practice
30of behavior analysis. The board shall establish as its standards of
31ethical conduct relating to the practice of behavior analysis, the
32“Professional and Ethical Compliance Code for Behavior Analysts”
33published by the Behavior Analyst Certification Board. These
34standards shall be applied by the board as the accepted standard
35of care in all licensing examination development and in all board
36enforcement policies and disciplinary case evaluations.
The board may employ, subject to civil service and
38other laws, employees as may be necessary to carry out the
39provisions of this chapter under the direction of the executive
40officer of the board.
The board shall maintain, and make available to the
2public, a list of all licensees. The board shall make available on
3its Internet Web site information regarding the status of every
4license issued by the board under this chapter pursuant to Section
(a) The Behavior Analyst Committee is hereby
7created within the jurisdiction of the board to make
8recommendations to the board regarding the regulation of the
9practice of behavior analysis in the state in order to protect the
10public from the unauthorized and unqualified practice of applied
11behavior analysis, and unprofessional, unethical, or harmful
12conduct by persons licensed to practice behavior analysis.
13(b) The committee shall consist of five members. Two members
14shall be licensed behavior analysts, one of which shall also be a
15member of the board. One member shall be a psychologist licensed
16under Chapter 6.6 (commencing with Section 2900) and who holds
17a current certification from a certifying entity as a behavior analyst.
18One member shall be a licensed assistant behavior analyst. One
19member shall be a public member who is not licensed under this
20chapter, under any chapter within this division, or by any board
21referred to in the Chiropractic Act or the Osteopathic Act.
22(c) The Governor shall appoint one licensed behavior analyst
23member, the licensed psychologist member, and the licensed
24assistant behavior analyst member. The Senate Committee on
25Rules shall appoint the public member, and the Speaker of the
26Assembly shall appoint one licensed behavior analyst member.
27(d) Notwithstanding subdivisions (b) and (c), the initially
28appointed members of the committee shall be appointed as follows:
29(1) The initial members appointed by the Governor shall be as
31(A) One member shall be
currently certified by a certifying
32entity as a certified behavior analyst and shall serve an initial term
33of one year.
34(B) One member shall be currently certified by a certifying
35entity as a certified assistant behavior analyst and shall serve an
36initial term of two years.
37(C) One member shall be a licensed psychologist who is
38currently certified by a certifying entity as a certified behavior
39analyst and shall serve an initial term of three years.
P12 1(2) The initial member appointed by the Senate Committee on
2Rules shall serve a term of four years.
3(3) The initial member appointed by the Speaker of the
4Assembly shall be currently certified by a certifying entity as a
5certified behavior analyst and shall serve an initial term of four
7(e) Except as provided in subdivision (d), each member of the
8committee shall hold office for a term of four years, and shall serve
9until the appointment of his or her successor or until one year has
10elapsed since the expiration of the term for which he or she was
11appointed, whichever occurs first. Vacancies shall be filled by the
12appointing power for the unexpired portion of the terms in which
13they occur. A member shall not serve for more than two
15(f) All terms shall begin on July 1 and expire on June 30.
16(g) Each member of the committee shall receive per diem and
17expenses as provided in Sections 103 and 113.
18(h) Three members of the committee shall at all times constitute
20(i) This section shall become operative on July 1, 2018.
21(j) This section shall remain in effect only until January 1, 2022,
22and as of that date is repealed. Notwithstanding any other law, the
23repeal of this section renders the committee subject to review by
24the appropriate policy committees of the Legislature.
The committee shall do all of the following:
26(a) Meet at least once per quarter. All meetings of the committee
27shall be public meetings. Notice of each regular meeting of the
28committee shall be given in accordance with the Bagley-Keene
29Open Meeting Act (Article 9 (commencing with Section 11120)
30of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government
32(b) Committee meetings may be called upon reasonable notice
33at the discretion of the chair, and shall be called at any time upon
34reasonable notice by a written request of two committee members
35to the chair.
36(c) The committee shall elect a chair and a vice chair from
37among its members at the first meeting held in each fiscal year.
38The chair shall preside at all meetings of the committee and shall
39work with the executive officer of the board to coordinate the
P13 1committee’s business. If the chair is unable to attend a meeting,
2the vice chair shall preside at the meeting.
(a) The committee may make recommendations to
4the board regarding licensing and practice standards.
5(b) The committee may make recommendations to the board
6regarding the adoption, amendment, and repeal of regulations to
7implement the requirements of this chapter including, but not
8limited to, the setting of fees and the establishment of disciplinary
To qualify for licensure as a licensed behavior analyst
14or a licensed assistant behavior analyst, each applicant shall meet
15the board’s regulatory requirements for behavior analyst or assistant
16behavior analyst licensure, as applicable, including all of the
18(a) The applicant has not committed acts or crimes constituting
19grounds for denial of licensure under Section 480.
20(b) The board shall not issue a license or registration to any
21person who has been convicted of a crime in this state, or another
22state, or in a territory of the United States that involves sexual
23abuse of a child, or who is required to register pursuant to Section
24290 of the Penal Code or the equivalent in another state or territory.
25(c) The applicant has successfully passed a state and federal
26level criminal offender record information search conducted
27through the Department of Justice, as follows:
28(1) The board shall request from the Department of Justice
29subsequent arrest notification service, pursuant to Section 11105.2
30of the Penal Code, for each person who submitted information
31pursuant to this subdivision.
32(2) The Department of Justice shall charge a fee sufficient to
33cover the cost of processing the request described in this section.
(a) In order to obtain a license as a behavior analyst,
35an individual shall submit an application on a form approved by
36the board accompanied by the fees required by the board as
37specified in Section 2999.93.
38(b) An applicant shall include, with the application, verification
39from the certifying entity that the applicant meets both of the
P14 1(1) Has passed the Board Certified Behavior Analyst
2examination or an equivalent examination administered by the
4(2) Maintains an active status as a certified behavior analyst
5with the certifying entity.
6(c) Each applicant shall obtain a passing score on a California
7law and ethics examination administered by the board.
8(d) This section shall become inoperative on July 1, 2019. An
9applicant who submits his or her application prior to July 1, 2019,
10shall be required to meet the requirements of this section to be
11licensed by the board.
12(e) This section shall remain in effect only until January 1, 2020,
13and as of that date is repealed.
(a) In order to obtain a license as a behavior analyst,
15an individual shall submit an application on a form approved by
16the board accompanied by the fees required by the board as
17specified in Section 2999.93.
18(b) An applicant shall include, with the application, verification
19from the certifying entity that the applicant meets both of the
21(1) Has passed the Board Certified Behavior Analyst
22examination or an equivalent examination administered by the
24(2) Maintains an active status as a certified behavior analyst
25with the certifying entity.
26(c) Each applicant shall obtain a passing score on a California
27law and ethics examination administered by the board.
28(d) The applicant shall possess a master’s degree or higher level
29of education from an institution, which meets the requirements
30described in Section 2999.35, that was conferred in behavior
31analysis, psychology, or education, or conferred in a degree
32program in which the applicant completed a behavior analysis
33course sequence approved by the certifying entity or otherwise
34deemed an applicable equivalent by the certifying entity.
35(e) In addition to subdivisions (a) to (d), inclusive, an individual
36shall meet one of the following paragraphs in order to be licensed
37under this chapter:
38(1) An individual shall have completed both of the following:
39(A) Two hundred seventy hours of classroom graduate-level
40instruction in all of the following content areas:
P15 1(i) Ethical and professional conduct coursework consisting of
245 hours. The content must be taught in one or more freestanding
3courses devoted to ethical and professional conduct of behavior
5(ii) Concepts and principles of behavior analysis consisting of
7(iii) Research methods in behavior analysis, consisting of 25
8hours of measurement, including data analysis, and 20 hours of
10(iv) Applied behavior analysis, consisting of 45 hours of
11fundamental elements of behavior change and specific behavior
12change procedures, 30 hours of identification of the problem and
13assessment, 10 hours of intervention and behavior change
14considerations, 10 hours of behavior change systems, and 10 hours
15of implementation, management, and supervision.
16(v) Elective coursework in behavior analysis consisting of 30
18(B) Supervised experiential training by any of the following:
19(i) One thousand five hundred hours of independent field work
20in behavior analysis supervised in accordance with the requirements
21of the certifying entity.
22(ii) One thousand hours of supervised practicum in behavior
23analysis within a university practicum approved by the certifying
24entity, taken for graduate academic credit, and completed with a
26(iii) Seven hundred fifty hours of supervised intensive practicum
27in behavior analysis within a university practicum approved by
28the certifying entity, taken for graduate academic credit, and
29completed with a passing grade.
30(iv) A combination of the supervised experience in clause (i),
31(ii), or (iii). Hours may be completed in any combination of the
32categories of supervised experience. Hours accrued through a
33combination of supervised experience shall be proportionately
35(2) An individual shall meet all of the following requirements:
36(A) Have a faculty appointment of at least three years,
37cumulatively, of full-time work as a faculty member at a fully
38accredited higher education institution within a five-year period.
39(B) Taught at
least five sections or iterations of behavior analysis
40coursework. An applicant shall have taught at least two behavior
P16 1analysis content areas, which are concepts and principles of
2behavior, single-subject research methods, applied behavior
3analysis, and ethics in behavior analysis, in separate courses. Each
4course taught shall have been exclusively or primarily devoted to
5behavior analysis content, and shall have been taught at the
6graduate level. An applicant shall submit proof of completion of
7the faculty appointment and teaching requirements from a
8department head, including the syllabus for each course taught, to
10(C) Published one article with all of the following
12(i) Behavior analytic in nature.
13(ii) Includes at least one experimental evaluation.
14(iii) Published in a high-quality, peer reviewed journal.
15(iv) The applicant is the first, second, or corresponding author.
16(v) The article may have been published at any time during the
18(D) Obtained supervised experiential training by any of the
20(i) One thousand five hundred hours of independent field work
21in behavior analysis supervised in accordance with the requirements
22of the certifying entity.
23(ii) One thousand hours of supervised practicum in behavior
24analysis within a university practicum approved by the certifying
25entity, taken for graduate academic credit, and completed with a
27(iii) Seven hundred fifty hours of supervised intensive practicum
28in behavior analysis within a university practicum approved by
29the certifying entity, taken for graduate credit, and completed with
30a passing grade.
31(iv) A combination of the supervised experience in clause (i),
32(ii), or (iii). Hours may be completed in any combination of the
33categories of supervised experience. Hours accrued through a
34combination of supervised experience shall be proportionately
36(3) An individual shall have completed all of the following:
37(A) A doctoral degree in behavior analysis, psychology, or
38education from an accredited higher education institution.
39(B) Ten years of postdoctoral
experience practicing behavior
40analysis. The duration of practice shall be at least 10 years,
P17 1cumulatively, of full-time practice. An applicant’s practice shall
2have occurred under a relevant state professional credential or
4(C) At least 500 hours of supplemental supervised experiential
5training that meets current experience standards of the certifying
6entity, commencing after the 10 years of postdoctoral experience
7required in paragraph (b).
8(f) This section shall become operative on July 1, 2019.
(a) To obtain a license as an assistant behavior
10analyst, an individual shall submit an application on a form
11approved by the board accompanied by the fees required by the
12board as specified in Section 2999.93.
13(b) An applicant shall include, with the application, verification
14from the certifying entity that the applicant meets all of the
16(1) Has passed the Board Certified Assistant Behavior Analyst
17examination or equivalent examination administered by the
19(2) Maintains an active status as a certified assistant behavior
20analyst with the certifying entity.
21(c) Each applicant shall obtain a passing score on a California
22law and ethics examination administered by the board.
23(d) Each applicant shall provide proof to the board of ongoing
24supervision by a licensed behavior analyst or a licensed
25psychologist who is qualified to practice behavior analysis in a
26manner consistent with the certifying entity’s requirements for
27supervision of assistant behavior analysts.
28(e) This section shall become inoperative on July 1, 2019. An
29applicant who submits his or her application prior to July 1, 2019,
30shall be required to meet the requirements of this section to be
31licensed by the board.
32(f) This section shall remain in effect only until January 1, 2020,
33and as of that date is repealed.
(a) In order for an individual to be licensed as an
35assistant behavior analyst under this chapter, he or she shall possess
36a baccalaureate degree or higher level of education from an
37institution that meets the requirements described in Section
P18 1(b) An applicant shall include, with the application, verification
2from the certifying entity that the applicant meets both of the
4(1) Has passed the Board Certified Assistant Behavior Analyst
5examination or an equivalent examination administered by the
7(2) Maintains an active status as a certified assistant behavior
8 analyst with the certifying entity.
9(c) Each applicant shall obtain a passing score on a California
10law and ethics examination administered by the board.
11(d) Each applicant shall provide proof to the board of ongoing
12supervision by a licensed behavior analyst or a licensed
13psychologist who is qualified to practice behavior analysis in a
14manner consistent with the certifying entity’s requirements for
15supervision of assistant behavior analysts.
16(e) In addition to subdivisions (a) to (d), inclusive, an individual
17shall meet all of the following requirements in order to be licensed
18under this chapter:
19(1) Completed a baccalaureate degree or higher level of
20education from an institution that meets the requirements in Section
22(2) An applicant shall meet both of the following:
23(A) Completed 180 classroom hours of undergraduate or
24graduate level instruction in all of the following content areas:
25(i) Ethical and professional conduct coursework of behavior
26analysis consisting of 15 hours.
27(ii) Concepts and principles of behavior analysis consisting of
29(iii) Research methods in behavior analysis, consisting of 10
30hours of measurement, including data analysis, and five hours of
32(iv) Applied behavior analysis, consisting of 45 hours of
33fundamental elements of behavior change and specific behavior
34change procedures, 30 hours of identification of the problem and
35assessment, five hours of intervention and behavior change
36considerations, five hours of behavior change systems, and five
37hours of implementation, management, and supervision.
38(v) Elective coursework in behavior analysis consisting of 15
P19 1(B) Obtained supervised experiential training by any of the
3(i) One thousand hours of independent field work in behavior
4analysis supervised in accordance with the requirements of the
5certifying entity, taken for academic credit, and completed with a
7(ii) Six hundred seventy hours of supervised practicum in
8behavior analysis within a university practicum approved by the
9certifying entity, taken for academic credit, and completed with a
11(iii) Five hundred hours of supervised intensive practicum in
12behavior analysis within a university practicum approved by the
13certifying entity, taken for academic credit, and completed with a
15(iv) A combination of the supervised experience in clause (i),
16(ii), or (iii). Hours may be completed in any combination of the
17categories of supervised experience. Hours accrued through a
18combination of supervised experience shall be proportionately
20(f) This section shall become operative on July 1, 2019.
The education required to obtain a behavior analyst
22license or an assistant behavior analyst license shall be from any
23of the following:
24(a) A United States institution of higher education listed by the
25Council for Higher Education Accreditation.
26(b) A Canadian institution of higher education that is a member
27of the Association of Universities and Colleges of Canada or the
28Association of Canadian Community Colleges.
29(c) An applicant for licensure trained in an educational
30institution outside the United States or Canada shall demonstrate
31to the satisfaction of the board that he or she possesses a degree
32in a relevant subject that is equivalent to a degree earned from a
33regionally accredited university in the United States or Canada.
34Such an applicant shall provide to the board a comprehensive
35evaluation of the degree performed by a foreign credential service
36that is a member of the National Association of Credential
37Evaluation Services (NACES), and any other documentation that
38the board deems necessary.
(a) Behavior analysis technicians practicing in this
40state under the direction and supervision of an individual licensed
P20 1under this chapter or a licensed psychologist who is qualified to
2practice behavior analysis shall satisfy all of the following
4(1) Be at least 18 years of age and possess a minimum of a high
5school diploma or its equivalent.
6(2) Submit an application on a form approved by the board.
7(3) Submit fingerprint images to the California Department of
8Justice for a state and federal criminal background report within
914 days from the date of application.
10(4) Annually pay an application fee, in an amount not to exceed
11a reasonable regulatory cost, to be determined by the board.
12(b) The board may deny or revoke acceptance of an application
13under this section if it is determined to be in the best interest of
14public safety and welfare, as described in Section 2999.21.
On and after July 1, 2019, it shall be unlawful for any
16person to engage in any of the following acts:
17(a) Engage in the practice of behavior analysis, as defined in
18Section 2999.12, without first having complied with the provisions
19of this chapter and without holding a current, valid, and active
20license as required by this chapter.
21(b) Represent himself or herself by the title “licensed behavior
22analyst,” or “licensed assistant behavior analyst” without being
23duly licensed according to the provisions of this chapter.
24(c) Make any use of any title, words, letters, or abbreviations
25that may reasonably be confused with a designation provided by
26this chapter to denote a standard of professional or occupational
27competence without being duly licensed.
28(d) Materially refuse to furnish the board information or records
29required or requested pursuant to this chapter.
This chapter does not apply to any of the following:
31(a) An individual licensed to practice psychology in this state
32under Chapter 6.6 (commencing with Section 2900), if the practice
33of behavior analysis engaged in by the licensed psychologist is
34within the licensed psychologist’s training and competence.
35(b) A speech-language pathologist or an audiologist licensed
36under Chapter 5.3 (commencing with Section 2530), an
37occupational therapist licensed under Chapter 5.6 (commencing
38with Section 2570), a physical therapist licensed under Chapter
395.7 (commencing with Section 2600), a marriage and family
40therapist licensed under Chapter 13 (commencing with Section
P21 14980), an educational psychologist licensed under Chapter 13.5
2(commencing with Section 4989.10), a clinical social worker
3licensed under Chapter 14 (commencing with Section 4991), or a
4professional clinical counselor licensed under Chapter 16
5(commencing with Section 4999.10), if the services provided by
6any of those licensees are within his or her licensed scope of
7practice and within the scope of his or her training and competence,
8provided that he or she does not represent himself or herself as a
9licensed behavior analyst or licensed assistant behavior analyst.
10(c) A student or other individual pursuing supervised experience
11for any of the following:
12(1) Experiential training toward a license described in this
13chapter in accordance with this chapter.
14(2) Experience in behavior analysis toward a license described
15in subdivision (a) or (b) in accordance with the requirements of
16the respective licensure act in this division.
17(3) As part of a defined program of study, course, practicum,
18internship, or postdoctoral program, provided that the behavior
19analysis activities are directly supervised by a licensed behavior
20analyst, a licensed psychologist, or by an instructor in a course
21sequence approved by a certifying entity.
22(d) A parent or guardian of a recipient of behavior analysis
23services who acts under the direction of a licensed behavior analyst
24or licensed assistant behavior analyst.
25(e) An individual who teaches behavior analysis or conducts
26behavior analysis research, provided that such teaching or research
27does not involve the direct delivery of behavior analysis services.
behavior analyst licensed in another state or certified by
29the certifying entity to practice independently, and who temporarily
30provides behavior analysis services in California during a period
31of not more than 90 days in a calendar year.
32(g) An individual who is vendorized by one or more regional
33centers of the State Department of Developmental Services while
34practicing behavior analysis services authorized under that
35vendorization. That individual shall not represent himself or herself
36as a licensed behavior analyst or licensed assistant behavior analyst
37unless he or she holds a license under this chapter, and shall not
38offer behavior analysis services to any person or entity other than
39the regional centers with which he or she is vendorized or accept
40remuneration for providing behavior analysis services other than
P22 1the remuneration received from those regional centers unless he
2or she holds a license under this chapter.
3(h) An individual employed by a local educational agency for
4the purpose of assisting students with behavioral and developmental
5issues when in classroom and other school settings.
A licensee shall give written notice to the board of a
7name change within 30 days after each change, giving both the
8old and new names. A copy of the legal document authorizing the
9name change, such as a court order or marriage certificate, shall
10be submitted with the notice.
(a) A license shall expire and become invalid two
12years after it is issued at 12 midnight on the last day of the month
13in which it was issued, if not renewed.
14(b) To renew an unexpired license, the licensee shall, on or
15before the date on which it would otherwise expire, apply for
16renewal on a form provided by the board, accompanied by the
17renewal fee set by the board. The licensee shall include verification
18from the certifying entity that he or she maintains an active
19certification status with the renewal form.
20(c) To renew an assistant behavior analyst license, in addition
21to the requirements in subdivision (b), the licensee shall submit
22proof of ongoing supervision by a licensed behavior analyst or a
23licensed psychologist who is qualified to practice behavior analysis
24in a manner consistent with the board’s requirements for
25supervision of assistant behavior analysts.
(a) A license that has expired may be renewed at any
27time within three years after its expiration by applying for renewal
28on a form provided by the board, payment of all accrued and unpaid
29renewal fees, and the delinquency fee specified in Section 2999.93.
30The licensee shall include verification from the certifying entity
31that he or she maintains an active certification status with the
33(b) Except as provided in Section 2999.47, a license that is not
34renewed within three years of its expiration shall not be renewed,
35restored, or reinstated, and the license shall be canceled
36immediately upon expiration of the three-year period.
(a) The board shall not issue any renewal license, a
38new license after expiration of an expired license, or a reinstatement
39license unless the applicant submits proof that he or she has
40completed not less than 32 hours of approved continuing education
P23 1in the preceding two-year licensure cycle for licensed behavior
2analysts and 20 hours of approved continuing education in the
3preceding two-year licensure cycle for licensed assistant behavior
5(b) Each person renewing or reinstating his or her license or
6obtaining a new license after expiration of a prior license issued
7pursuant to this chapter shall submit proof of compliance with this
8section to the board.
person applying for renewal, a new license after expiration
10of a prior license, or reinstatement to an active license status shall
11certify under penalty of perjury that he or she is in compliance
12with this section.
13(d) The board may recognize continuing education courses that
14have been approved by one or more private nonprofit organizations
15that have at least 10 years’ experience managing continuing
16education programs for behavior analysts.
17(e) The board shall adopt regulations as necessary for
18implementation of this section.
(a) A suspended license is subject to expiration and
20shall be renewed as provided in this article, but such renewal does
21not entitle the licensee, while the license remains suspended, and
22until it is reinstated, to engage in the licensed activity or in any
23other activity or conduct in violation of the order or judgment by
24which the license was suspended.
25(b) A license revoked on disciplinary grounds is subject to
26expiration as provided in this article, but it may not be renewed.
27If it is reinstated after its expiration, the licensee, as a condition
28of reinstatement, shall pay a reinstatement fee in an amount equal
29to the renewal fee, plus the delinquency fee, and any fees accrued
30at the time of its revocation.
The board may on its own, and shall, upon the receipt
35of a complaint from any person, investigate the actions of any
36licensee. The board shall review a licensee’s alleged violation of
37statute, regulation, or any other law and any other complaint
38referred to it by the public, a public agency, or the department,
39and may upon a finding of a violation take disciplinary action
40under this article.
A license issued under this chapter may be denied,
2revoked, or otherwise sanctioned upon demonstration of
3ineligibility for licensure, including, but not limited to, failure to
4maintain active certification by the certifying entity or falsification
5of documentation submitted to the board for licensure or submitted
6to the certifying authority for certification.
The board may deny a license application, may issue
8a license with terms and conditions, may suspend or revoke a
9license, or may place a license on probation if the applicant or
10licensee has been guilty of unprofessional conduct. Unprofessional
11conduct shall include, but not be limited to:
12(a) Conviction of a crime substantially related to the
13qualifications, functions, or duties of a licensed behavior analyst
14or a licensed assistant behavior analyst.
15(b) Use of any controlled substance as defined in Division 10
16(commencing with Section 11000) of the Health and Safety Code,
17dangerous drug, or any alcoholic beverage to an extent or in a
18manner dangerous to himself or herself, any other person, or the
19public, or to an extent that this use impairs his or her ability to
20safely perform the practice of behavior analysis.
21(c) Fraudulently or neglectfully misrepresenting the type or
22status of a license actually held.
23(d) Impersonating another person holding a license or allowing
24another person to use his or her license.
25(e) Use of fraud or deception in applying for a license or in
26passing any examination required by this chapter.
27(f) Paying, offering to pay, accepting, or soliciting any
28consideration, compensation, or remuneration, whether monetary
29or otherwise, for the referral of clients.
30(g) Violating Section 17500.
31(h) Willful, unauthorized communication of information
32received in professional confidence.
33(i) Violating any rule of professional conduct promulgated by
34the board and set forth in regulations duly adopted under this
36(j) Being grossly negligent in the practice of his or her
38(k) Violating any of the provisions of this chapter or regulations
39duly adopted thereunder.
P25 1(l) The aiding or abetting of any person to engage in the unlawful
2practice of behavior analysis.
3(m) The suspension, revocation, or imposition of probationary
4conditions or other disciplinary action by another state or country
5of a license, certificate, or registration to practice behavior analysis
6issued by that state or country to a person also holding a license
7issued under this chapter if the act for which the disciplinary action
8was taken constitutes a violation of this section. A certified copy
9of the decision or judgment of the other state or country shall be
10conclusive evidence of that action.
11(n) The commission of any dishonest, corrupt, or fraudulent act.
12(o) Any act of sexual abuse or sexual relations with a patient or
13former patient within two years following termination of therapy,
14or sexual misconduct that is related to the qualifications, functions,
15or duties of a licensed behavior analyst or a licensed assistant
17(p) Functioning outside of his or her particular field or fields of
18competence as established by his or her education, training, and
20(q) Willful failure to submit, on behalf of an applicant for
21licensure, verification of supervised experience to the board.
22(r) Repeated acts of negligence.
23(s) Failure to comply with all ethical and disciplinary standards
24published by the certifying entity.
(a) Except as provided in subdivisions (b), (c), and
26(e), any accusation filed against a licensee pursuant to Section
2711503 of the Government Code shall be filed within three years
28from the date the board discovers the alleged act or omission that
29is the basis for disciplinary action, or within seven years from the
30date the alleged act or omission that is the basis for disciplinary
31action occurred, whichever occurs first.
32(b) An accusation filed against a licensee pursuant to Section
3311503 of the Government Code alleging the procurement of a
34license by fraud or misrepresentation is not subject to the
35limitations set forth in subdivision (a).
36(c) The limitation provided for by
subdivision (a) shall be tolled
37for the length of time required to obtain compliance when a report
38required to be filed by the licensee or registrant with the board
39pursuant to Article 11 (commencing with Section 800) of Chapter
401 is not filed in a timely fashion.
P26 1(d) If an alleged act or omission involves a minor, the seven-year
2limitations period provided for by subdivision (a) and the 10-year
3limitations period provided for by subdivision (e) shall be tolled
4until the minor reaches the age of majority.
5(e) An accusation filed against a licensee pursuant to Section
611503 of the Government Code alleging sexual misconduct shall
7be filed within three years after the board discovers the act or
8omission alleged as the ground for disciplinary action, or within
910 years after the act or omission alleged as the ground for
10disciplinary action occurs, whichever occurs first.
11(f) The limitations period provided by subdivision (a) shall be
12tolled during any period if material evidence necessary for
13prosecuting or determining whether a disciplinary action would
14be appropriate is unavailable to the board due to an ongoing
Notwithstanding Section 2999.62, any proposed
17decision or decisions issued under this chapter in accordance with
18the procedures set forth in Chapter 5 (commencing with Section
1911500) of Part 1 of Division 3 of Title 2 of the Government Code
20that contains any finding of fact that the licensee engaged in any
21act of sexual contact, as defined in Section 728, when that act is
22with a patient, or with a former patient, within two years following
23termination of services, shall contain an order of revocation. The
24revocation shall not be stayed by the administrative law judge.
The board may deny an application for, or issue
26subject to terms and conditions, or suspend or revoke, or impose
27probationary conditions upon, a license or registration after a
28hearing as provided in Section 2999.70.
A plea or verdict of guilty or a conviction following
30a plea of nolo contendere made to a charge which is substantially
31related to the qualifications, functions, and duties of a licensed
32behavior analyst or licensed assistant behavior analyst is deemed
33to be a conviction within the meaning of this article. The board
34may order the license suspended or revoked, or may decline to
35issue a license when the time for appeal has elapsed, the judgment
36of conviction has been affirmed on appeal, or when an order
37granting probation is made suspending the imposition of sentence,
38irrespective of a subsequent order under Section 1203.4 of the
39Penal Code allowing the person to withdraw his or her plea of
P27 1guilty and to enter a plea of not guilty, or setting aside the verdict
2of guilty, or dismissing the accusation, information, or indictment.
Any person required to register as a sex offender
4pursuant to Section 290 of the Penal Code, is not eligible for
5licensure by the board.
An administrative disciplinary decision that imposes
7terms of probation may include, among other things, a requirement
8that the licensee who is being placed on probation pay the monetary
9costs associated with monitoring the probation.
The proceedings under this article shall be conducted
11by the board in accordance with Chapter 5 (commencing with
12Section 11500) of Part 1 of Division 3 of Title 2 of the Government
A person who violates any of the provisions of this
15chapter is guilty of a misdemeanor punishable by imprisonment
16in a county jail not exceeding six months or by a fine not exceeding
17two thousand five hundred dollars ($2,500), or by both that fine
In addition to other proceedings provided in this
20chapter, whenever any person has engaged, or is about to engage,
21in any acts or practices that constitute, or will constitute, an offense
22against this chapter, the superior court in and for the county
23wherein the acts or practices take place, or are about to take place,
24may issue an injunction or other appropriate order restraining that
25conduct on application of the board, the Attorney General, or the
26district attorney of the county. Proceedings under this section shall
27be governed by Chapter 3 (commencing with Section 525) of Title
287 of Part 2 of the Code of Civil Procedure, except that it shall be
29presumed that there is no adequate remedy at law and that
30irreparable damage will occur if the continued violation is not
31restrained or enjoined. On the written request of the board, or on
32its own motion, the board may commence an action in the superior
33court under this section.
(a) (1) A licensee who fails or refuses to comply
35with a request for the medical records of a client, that is
36accompanied by that client’s written authorization for release of
37those records to the board, within 15 days of receiving the request
38and authorization, shall pay to the board a civil penalty of one
39thousand dollars ($1,000) per day for each day that the documents
40have not been produced after the 15th day, unless the licensee is
P28 1unable to provide the documents within this time period for good
3(2) A health care facility shall comply with a request for the
4medical records of a client that is accompanied by that client’s
5written authorization for release of records to the board together
6with a notice citing this section and describing the penalties for
7failure to comply with this section. Failure to provide the
8authorizing client’s medical records to the board within 30 days
9of receiving the request, authorization, and notice shall subject the
10health care facility to a civil penalty, payable to the board, of up
11to one thousand dollars ($1,000) per day for each day that the
12documents have not been produced after the 30th day, up to ten
13thousand dollars ($10,000), unless the health care facility is unable
14to provide the documents within this time period for good cause.
15This paragraph shall not require health care facilities to assist the
16board in obtaining the client’s authorization. The board shall pay
17the reasonable costs of copying the medical records.
18(b) (1) A licensee who fails or refuses to comply with a court
19order, issued in the enforcement of a subpoena, mandating the
20release of records to the board shall pay to the board a civil penalty
21of one thousand dollars ($1,000) per day for each day that the
22documents have not been produced after the date by which the
23court order requires the documents to be produced, unless it is
24determined that the order is unlawful or invalid. Any statute of
25limitations applicable to the filing of an accusation by the board
26shall be tolled during the period the licensee is out of compliance
27with the court order and during any related appeals.
28(2) Any licensee who fails or refuses to comply with a court
29order, issued in the enforcement of a subpoena, mandating the
30release of records to the board, shall be subject to a civil penalty,
31payable to the board, in an amount not to exceed five thousand
32dollars ($5,000). The amount of the penalty shall be added to the
33licensee’s renewal fee if it is not paid by the next succeeding
34renewal date. Any statute of limitations applicable to the filing of
35an accusation by the board shall be tolled during the period the
36licensee is out of compliance with the court order and during any
38(3) A health care facility that fails or refuses to comply with a
39court order, issued in the enforcement of a subpoena, mandating
40the release of client records to the board, that is accompanied by
P29 1a notice citing this section and describing the penalties for failure
2to comply with this section, shall pay to the board a civil penalty
3of up to one thousand dollars ($1,000) per day for each day that
4the documents have not been produced, up to ten thousand dollars
5($10,000), after the date by which the court order requires the
6documents to be produced, unless it is determined that the order
7is unlawful or invalid. Any statute of limitations applicable to the
8filing of an accusation by the board against a licensee shall be
9tolled during the period the health care facility is out of compliance
10with the court order and during any related appeals.
11(4) Any health care facility that fails or refuses to comply with
12a court order, issued in the enforcement of a subpoena, mandating
13the release of records to the board, shall be subject to a civil
14penalty, payable to the board, in an amount not to exceed five
15thousand dollars ($5,000). Any statute of limitations applicable to
16the filing of an accusation by the board against a licensee shall be
17tolled during the period the health care facility is out of compliance
18with the court order and during any related appeals.
19(c) Multiple acts by a licensee in violation of subdivision (b)
20shall be a misdemeanor punishable by a fine not to exceed five
21thousand dollars ($5,000) or by imprisonment in a county jail not
22exceeding six months, or by both that fine and imprisonment.
23Multiple acts by a health care facility in violation of subdivision
24(b) shall be a misdemeanor punishable by a fine not to exceed five
25thousand dollars ($5,000) and shall be reported to the State
26Department of Health Care Services and shall be considered as
27grounds for disciplinary action with respect to licensure, including
28suspension or revocation of the license or certificate.
29(d) A failure or refusal of a licensee to comply with a court
30order, issued in the enforcement of a subpoena, mandating the
31release of records to the board constitutes unprofessional conduct
32and is grounds for suspension or revocation of his or her license.
33(e) The imposition of the civil penalties authorized by this
34section shall be in accordance with the Administrative Procedure
35Act (Chapter 5 (commencing with Section 11500) of Part 1 of
36Division 3 of Title 2 of the Government Code).
37(f) For purposes of this section, “health care facility” means
38clinic or health facility licensed or exempt from licensure pursuant
39to Division 2 (commencing with Section 1200) of the Health and
The board shall report each month to the Controller
4the amount and source of all revenue received pursuant to this
5chapter and at the same time deposit the entire amount thereof in
6the State Treasury for credit to the Psychology Fund established
7by Section 2980.
(a) The moneys credited to the Psychology Fund
9under Section 2999.90 shall, upon appropriation by the Legislature,
10be used for the purposes of carrying out and enforcing the
11provisions of this chapter.
12(b) The board shall keep records that will reasonably ensure
13that funds expended in the administration of each licensing
14category bear a reasonable relation to the revenue derived from
15each category, and shall so notify the department no later than
16May 31 of each year.
The board shall establish fees for the application for
18and the issuance and renewal of licenses to cover, but not exceed,
19the reasonable regulatory costs of the board related to administering
20this chapter. The fees shall be fixed by the board in regulations
21that are duly adopted under this chapter. Fees assessed pursuant
22to this section shall not exceed the following:
23(a) The delinquency fee shall be 50 percent of the biennial
25(b) The fee for rescoring an examination shall be twenty dollars
27(c) The fee for issuance of a replacement license shall be twenty
29(d) The fee for issuance of a certificate or letter of good standing
30shall be twenty-five dollars ($25).
(a) A person licensed under this chapter is exempt
32from the payment of the renewal fee in any one of the following
34(1) While engaged in full-time active service in the United States
35Army, Navy, Air Force, or Marine Corps.
36(2) While in the United States Public Health Service.
37(3) While a volunteer in the Peace Corps or AmeriCorps VISTA.
38(b) Every person exempted from the payment of the renewal
39fee by this section shall not engage in any private practice and
40shall become liable for the fee for the current renewal period upon
P31 1the completion of his or her period of full-time active service and
2shall have a period of 60 days after becoming liable within which
3to pay the fee before the delinquency fee becomes applicable. Any
4person who completes his or her period of full-time active service
5within 60 days of the end of a renewal period is exempt from the
6payment of the renewal fee for that period.
7(c) The time spent in that full-time active service or full-time
8training and active service shall not be included in the computation
9of the three-year period for renewal of an expired license specified
10in Section 2999.45.
11(d) The exemption provided by this section shall not be
12applicable if the person engages in any practice for compensation
13other than full-time service in the United States Army, Navy, Air
14Force, or Marine Corps, in the United States Public Health Service,
15or the Peace Corps or AmeriCorps VISTA.
The licensing and regulatory program under this
17chapter shall be supported from fees assessed to applicants and
18licensees. Startup funds to implement this program shall be derived,
19as a loan, from the Psychology Fund, subject to an appropriation
20by the Legislature in the annual Budget Act. The board shall not
21implement this chapter until funds have been appropriated.
No reimbursement is required by this act pursuant
23to Section 6 of Article XIII B of the California Constitution because
24the only costs that may be incurred by a local agency or school
25district will be incurred because this act creates a new crime or
26infraction, eliminates a crime or infraction, or changes the penalty
27for a crime or infraction, within the meaning of Section 17556 of
28the Government Code, or changes the definition of a crime within
29the meaning of Section 6 of Article XIII B of the California