Amended in Assembly March 29, 2016

California Legislature—2015–16 Regular Session

Assembly BillNo. 1715


Introduced by Assembly Member Holden

January 26, 2016


An act to amend Sections 27 and 2920 of, to amend, repeal, and add Sections 2922, 2923, and 2927 of, to add Chapter 6.7 (commencing with Section 2999.10) to Division 2 of, and to repeal Sections 2999.20, 2999.26, 2999.31, and 2999.33 of, the Business and Professions Code, relating to healing arts.

LEGISLATIVE COUNSEL’S DIGEST

AB 1715, as amended, Holden. Healing arts: behavior analysis: licensing.

Existing law provides for the licensure and regulation of various healing arts licensees by various boardsbegin delete, as defined,end delete 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, andbegin insert the boardend insert consists of 9 members, 4 of whom are public members and 5 of whom are licensed psychologists.begin insert Existing law specifies that a quorum of the board requires 5 members.end insert Existing law requires the board to post information on itsbegin delete licensees, as specified, including, among others, psychological assistants. Existing law specifies that a quorum of the board requires 5 members.end deletebegin insert licensees, including the license status and address of record for a licensee, as specified.end insert

begin insert

This bill would enact the Behavior Analyst Act and would, until January 1, 2022, vest the board with the power to enforce the act.

end insert

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 thatbegin delete toend delete meet certain requirements, including, but not limited to, that one member is licensed as a psychologist and begin insertis end insertqualified to practice behavior analysis, as defined.begin insert The bill would also additionally require the board to post license information regarding behavior analysts, assistant behavior analysts, behavior analysis technicians, and behavior analyst interns.end insert

begin delete

This bill would establish the Behavior Analyst Act. The

end delete

begin insertThisend insert 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.

begin insert

This bill would require the registration of a behavior analyst intern by the board and would require the intern to be supervised by a licensed behavior analyst or a licensed psychologist who is qualified to practice behavior analysis. In order to be registered, the bill would require an intern applicant to meet certain educational requirements, submit fingerprints for a criminal background check, and pay an application fee, as provided. The bill would make these intern registrations subject to renewal every 2 years and would require the payment of a renewal fee.

end insert

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 anbegin delete annualend delete application fee.begin insert The bill would make these approvals subject to renewal every 2 years and would require the payment of a renewal fee.end insert

begin delete

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

end delete

begin insertThisend insert bill would, until January 1, 2022, create the Behavior Analyst Committee within the jurisdiction of the board, and would require the committee to bebegin delete comprisedend deletebegin insert composedend insert 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 behaviorbegin delete analysis in the state.end deletebegin insert analysis.end insert

begin delete

This bill would define certain terms for these purposes. The

end delete

begin insertThisend insert 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 ofbegin delete any of these provisionsend deletebegin insert the actend insert 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,begin delete this bill would result inend deletebegin insert the bill would imposeend insert 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:

P4    1

SECTION 1.  

Section 27 of the Business and Professions Code
2 is amended to read:

3

27.  

(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
20address of record. However, each entity shall allow a licensee to
21provide a post office box number or other alternate address, instead
22of his or her home address, as the address of record. This section
23shall not preclude an entity from also requiring a licensee, who
24has provided a post office box number or other alternative mailing
25address as his or her address of record, to provide a physical
26business address or residence address only for the entity’s internal
27administrative use and not for disclosure as the licensee’s address
28of record or disclosure on the Internet.

29(b) In providing information on the Internet, each entity specified
30in subdivisions (c) and (d) shall comply with the Department of
31Consumer Affairs’ guidelines for access to public records.

32(c) Each of the following entities within the Department of
33Consumer Affairs shall comply with the requirements of this
34section:

35(1) The Board for Professional Engineers, Land Surveyors, and
36Geologists shall disclose information on its registrants and
37licensees.

P5    1(2) The Bureau of Automotive Repair shall disclose information
2on its licensees, including auto repair dealers, smog stations, lamp
3and brake stations, smog check technicians, and smog inspection
4certification stations.

5(3) The Bureau of Electronic and Appliance Repair, Home
6Furnishings, and Thermal Insulation shall disclose information on
7its licensees and registrants, including major appliance repair
8dealers, combination dealers (electronic and appliance), electronic
9repair dealers, service contract sellers, and service contract
10administrators.

11(4) The Cemetery and Funeral Bureau shall disclose information
12on its licensees, including cemetery brokers, cemetery salespersons,
13cemetery managers, crematory managers, cemetery authorities,
14crematories, cremated remains disposers, embalmers, funeral
15establishments, and funeral directors.

16(5) The Professional Fiduciaries Bureau shall disclose
17information on its licensees.

18(6) The Contractors’ State License Board shall disclose
19information on its licensees and registrants in accordance with
20Chapter 9 (commencing with Section 7000) of Division 3. In
21addition to information related to licenses as specified in
22subdivision (a), the board shall also disclose information provided
23to the board by the Labor Commissioner pursuant to Section 98.9
24of the Labor Code.

25(7) The Bureau for Private Postsecondary Education shall
26disclose information on private postsecondary institutions under
27its jurisdiction, including disclosure of notices to comply issued
28pursuant to Section 94935 of the Education Code.

29(8) The California Board of Accountancy shall disclose
30information on its licensees and registrants.

31(9) The California Architects Board shall disclose information
32on its licensees, including architects and landscape architects.

33(10) The State Athletic Commission shall disclose information
34on its licensees and registrants.

35(11) The State Board of Barbering and Cosmetology shall
36disclose information on its licensees.

37(12) The State Board of Guide Dogs for the Blind shall disclose
38information on its licensees and registrants.

39(13) The Acupuncture Board shall disclose information on its
40licensees.

P6    1(14) The Board of Behavioral Sciences shall disclose
2information on its licensees, including licensed marriage and family
3therapists, licensed clinical social workers, licensed educational
4psychologists, and licensed professional clinical counselors.

5(15) The Dental Board of California shall disclose information
6on its licensees.

7(16) The State Board of Optometry shall disclose information
8regarding certificates of registration to practice optometry,
9statements of licensure, optometric corporation registrations, branch
10office licenses, and fictitious name permits of its licensees.

11(17) The Board of Psychology shall disclose information on its
12licensees, including psychologists, psychological assistants,
13registered psychologists, behavior analysts,begin delete andend delete assistant behavior
14
begin delete analysts.end deletebegin insert analysts, behavior analysis technicians, and behavior
15analyst interns.end insert

16(d) The State Board of Chiropractic Examiners shall disclose
17information on its licensees.

18(e) The Structural Pest Control Board shall disclose information
19on its licensees, including applicators, field representatives, and
20operators in the areas of fumigation, general pest and wood
21destroying pests and organisms, and wood roof cleaning and
22treatment.

23(f) The Bureau of Medical Marijuana Regulation shall disclose
24information on its licensees.

25(g) “Internet” for the purposes of this section has the meaning
26set forth in paragraph (6) of subdivision (f) of Section 17538.

27

SEC. 2.  

Section 2920 of the Business and Professions Code is
28amended to read:

29

2920.  

(a) The Board of Psychology shall enforce and
30administer this chapter and Chapter 6.7 (commencing with Section
312999.10). The board shall consist ofbegin delete 9end deletebegin insert nineend insert members,begin delete 4end deletebegin insert fourend insert of
32whom shall be public members.

33(b) On and after July 1, 2018, notwithstanding subdivision (a),
34the board shall consist of 11 members,begin delete 5end deletebegin insert fiveend insert of whom shall be
35public members.

36(c) This section shall remain in effect only until January 1, 2017,
37and as of that date is repealed.

38(d) Notwithstanding any other law, the repeal of this section
39renders the board subject to review by the appropriate policy
40committees of the Legislature.

P7    1

SEC. 3.  

Section 2922 of the Business and Professions Code is
2amended to read:

3

2922.  

(a)  In appointing the members of the board, except the
4public members, the Governor shall use his or her judgment to
5select psychologists who represent, as widely as possible, the varied
6professional interests of psychologists in California.

7 (b)  The Governor shall appoint two of the public members and
8the five licensed members of the board qualified as provided in
9Section 2923. The Senate Committee on Rules and the Speaker of
10the Assembly shall each appoint a public member.

11(c) This section shall become inoperative on July 1, 2018, and,
12as of January 1, 2019, is repealed.

13

SEC. 4.  

Section 2922 is added to the Business and Professions
14Code
, to read:

15

2922.  

(a) In appointing the licensed members of the board,
16the Governor shall use his or her judgment to select psychologists
17and behavior analysts who represent, as widely as possible, the
18varied professional interests of psychologists and behavior analysts
19in California.

20(b) The Governor shall appoint three of the public members and
21the six licensed members of the board qualified as provided in
22Section 2923. The Senate Committee on Rules and the Speaker of
23the Assembly shall each appoint a public member.

24(c) This section shall become operative on July 1, 2018.

25

SEC. 5.  

Section 2923 of the Business and Professions Code is
26amended to read:

27

2923.  

(a)  Each member of the board shall have all of the
28following qualifications:

29(1) He or she shall be a resident of this state.

30(2) Each member appointed, except the public members, shall
31be a licensed psychologist.

32(b)  The public members shall not be licentiates of the board or
33of any board under this division or of any board referred to in the
34Chiropractic Act or the Osteopathic Act.

35(c) This section shall become inoperative on July 1, 2018, and,
36as of January 1, 2019, is repealed.

37

SEC. 6.  

Section 2923 is added to the Business and Professions
38Code
, to read:

39

2923.  

(a) Each member of the board shall be a resident of this
40state.

P8    1(b) Five members of the board shall be licensed as psychologists
2under this chapter.

3(c) One member shall be licensed as a psychologist and qualified
4to practice behavior analysis, as defined in Section 2999.12, as
5follows:

6(1) For the first appointment after the operative date of this
7section, the member shall hold a certificate as a certified behavior
8analyst from a certifying entity, as defined in Section 2999.12.

9(2) For subsequent appointments, the member shall be licensed
10as a behavior analyst under Chapter 6.7 (commencing with Section
112999.10).

12(d) The public members shall not be licentiates of the board or
13of any board under this division or of any board referred to in the
14Chiropractic Act or the Osteopathic Act.

15(e) This section shall become operative on July 1, 2018.

16

SEC. 7.  

Section 2927 of the Business and Professions Code is
17amended to read:

18

2927.  

(a)  Five members of the board shall at all times
19constitute a quorum.

20(b) This section shall become inoperative on July 1, 2018, and,
21as of January 1, 2019, is repealed.

22

SEC. 8.  

Section 2927 is added to the Business and Professions
23Code
, to read:

24

2927.  

(a) Six members of the board shall at all times constitute
25a quorum.

26(b) This section shall become operative on July 1, 2018.

27

SEC. 9.  

Chapter 6.7 (commencing with Section 2999.10) is
28added to Division 2 of the Business and Professions Code, to read:

29 

30Chapter  6.7. Behavior Analysts
31

31 

32Article 1.  General Provisions
33

 

34

2999.10.  

This chapter shall be known, and may be cited, as the
35Behavior Analyst Act.

36

2999.11.  

(a) The Legislature finds and declares that the practice
37of behavior analysis in California affects the public health, safety,
38and welfare, and is subject to regulation to protect the public from
39the unauthorized and unqualified practice of behavior analysis,
P9    1and unprofessional, unethical, or harmful conduct by persons
2licensed to practice behavior analysis.

3(b) It is the intent of the Legislature that the board begin
4accepting applications for behavior analystbegin delete licensure andend deletebegin insert licensure,end insert
5 assistant behavior analystbegin delete licensureend deletebegin insert licensure, behavior analysis
6technician approval, and behavior analyst intern registrationend insert
no
7later than January 1, 2018, provided that the funds necessary to
8implement this chapter have been appropriated by the Legislature
9as specified in Section 2999.98.

10

2999.12.  

For purposes of this chapter, the following terms have
11the following meanings:

12(a) “Behavior analysis technician” means an individual who
13works directly with a client to implement applied behavior analysis
14services under the direction and supervision of a licensed behavior
15analyst, a licensed assistant behavior analyst, or a licensed
16psychologist who is qualified to practice behavior analysis, and
17has successfully completed the application requirements described
18in Section 2999.36.

19(b) “Board” means the Board of Psychology.

20(c) “Certifying entity” means the Behavior Analyst Certification
21Board or its successor, or another national credentialing
22organization with behavior analyst certification programs approved
23by the board and accredited by the National Commission for
24Certifying Agencies.

25(d) “Committee” means the Behavior Analyst Committee.

26(e) “Department” means the Department of Consumer Affairs.

27(f) “Licensed assistant behavior analyst” means a person licensed
28under this chapter to practice behavior analysis under the
29supervision of a licensed behaviorbegin delete analyst.end deletebegin insert analyst or a licensed
30psychologist who is qualified to practice behavior analysis.end insert

begin insert

31
(g) “Behavior analyst intern” means a person registered under
32this chapter to practice behavior analysis under the supervision
33of a licensed behavior analyst or a licensed psychologist who is
34qualified to practice behavior analysis.

end insert
begin delete

35(g)

end delete

36begin insert(h)end insert “Licensed behavior analyst” means a person licensed under
37this chapter to practice behavior analysis.

begin delete

38(h)

end delete

39begin insert(i)end insert “Practice of behavior analysis” or “to practice behavior
40analysis” means the design, implementation, and evaluation of
P10   1instructional and environmental modifications to produce socially
2significant improvements in human behavior and includes the
3empirical identification of functional relations between behavior
4and environmental factors, known as functional assessment and
5analysis, interventions based on scientific research and the direct
6observation and measurement of behavior and the environment,
7and utilization of contextual factors, motivating operations,
8antecedent stimuli, positive reinforcement, and other consequences
9to help people develop new behaviors, increase or decrease existing
10behaviors, and emit behaviors under specific environmental
11conditions.

12(1) The practice of behavior analysis does not include
13psychological testing and assessment, diagnosis of a mental or
14physical disorder, neuropsychology, psychotherapy, cognitive
15therapy, sex therapy, psychoanalysis, hypnotherapy, counseling,
16prescribing drugs, performing surgery, or administering
17electroconvulsive therapy.

18(2) The Legislature recognizes that the scopes of practice of
19healing arts licensees regulated under this division sometimes
20contain similar practices. However, nothing herein shall be
21construed to allow a licensed behavior analyst or a licensed
22assistant behavior analyst to engage in those practices, including,
23but not limited to, assessments, other than specific to their scope
24of practice within behavior analysis as described herein. Any
25person practicing behavior analysis under this chapter who violates
26this provision is subject to disciplinary action by both the Board
27of Psychology and the board overseeing the relevant practice.

28 

29Article 2.  Administration
30

 

31

2999.20.  

(a) The Board of Psychology is vested with the power
32to administer the provisions and requirements of this chapter, and
33may make and enforce rules and regulations that are reasonably
34necessary to carry out its provisions.

35(b) This section shall remain in effect only until January 1, 2022,
36and as of that date is repealed. Notwithstanding any other law, the
37repeal of this section renders the board subject to review by the
38appropriate policy committees of the Legislature.

39

2999.21.  

Protection of the public shall be the highest priority
40for the board in exercising its licensing, regulatory, and disciplinary
P11   1functions pursuant to this chapter. Whenever the protection of the
2public is inconsistent with other interests sought to be promoted,
3the protection of the public shall be paramount.

4

2999.22.  

The board shall adopt, amend, and repeal regulations
5to implement the requirements of this chapter. All regulations
6adopted by the board shall comply with the provisions of Chapter
73.5 (commencing with Section 11340) of Part 1 of Division 3 of
8Title 2 of the Government Code.

9

2999.23.  

The board shall adopt a program of consumer and
10professional education in matters relevant to the ethical practice
11of behavior analysis. The board shall establishbegin delete as itsend delete standards of
12ethical conduct relating to the practice of behaviorbegin delete analysis, the
13“Professional and Ethical Compliance Code for Behavior Analysts”end delete

14begin insert analysis that are based on current standardsend insert published bybegin delete the
15Behavior Analyst Certification Board.end delete
begin insert a national credentialing
16organization with behavior analyst certification programs
17approved by the board and accredited by the National Commission
18for Certifying Agencies.end insert
These standards shall be applied by the
19board as the accepted standard ofbegin delete careend deletebegin insert ethicsend insert in allbegin insert law and ethicsend insert
20 licensing examination development and in all board enforcement
21policies and disciplinary casebegin delete evaluations.end deletebegin insert evaluations involving
22the practice of behavior analysis.end insert

23

2999.24.  

The board may employ, subject to civil service and
24other laws, employees as may be necessary to carry out the
25provisions of this chapter under the direction of the executive
26officer of the board.

27

2999.25.  

The board shall maintain, and make available to the
28public, a list of all licensees. The board shall make available on
29its Internet Web site information regarding the status of every
30license issued by the board under this chapter pursuant to Section
3127.

32

2999.26.  

(a) The Behavior Analyst Committee is hereby
33created within the jurisdiction of the board to make
34recommendations to the board regarding the regulation of the
35practice of behavior analysis in the state in order to protect the
36public from the unauthorized and unqualified practice of applied
37behavior analysis, and unprofessional, unethical, or harmful
38conduct by persons licensed to practice behavior analysis.

39(b) The committee shall consist of five members. Two members
40shall be licensed behavior analysts, one of which shall also be a
P12   1member of the board. One member shall be a psychologist licensed
2under Chapter 6.6 (commencing with Section 2900) and who holds
3a current certification from a certifying entity as a behavior analyst.
4One member shall be a licensed assistant behavior analyst. One
5member shall be a public member who is not licensed under this
6chapter, under any chapter within this division, or by any board
7referred to in the Chiropractic Act or the Osteopathic Act.

8(c) The Governor shall appoint one licensed behavior analyst
9member, the licensed psychologist member, and the licensed
10assistant behavior analyst member. The Senate Committee on
11Rules shall appoint the public member, and the Speaker of the
12Assembly shall appoint one licensed behavior analyst member.

13(d) Notwithstanding subdivisions (b) and (c), thebegin delete initiallyend deletebegin insert initialend insert
14 appointed members of the committee shall be appointed as follows:

15(1) The initial members appointed by the Governor shall be as
16follows:

17(A) One member shall be currently certified by a certifying
18entity as a certified behavior analyst and shall serve an initial term
19of one year.

20(B) One member shall be currently certified by a certifying
21entity as a certified assistant behavior analyst and shall serve an
22initial term of two years.

23(C) One member shall be a licensed psychologist who is
24currently certified by a certifying entity as a certified behavior
25analyst and shall serve an initial term of three years.

26(2) The initial member appointed by the Senate Committee on
27Rules shall serve a term of four years.

28(3) The initial member appointed by the Speaker of the
29Assembly shall be currently certified by a certifying entity as a
30certified behavior analyst and shall serve an initial term of four
31years.

32(e) Except as provided in subdivision (d), each member of the
33committee shall hold office for a term of four years, and shall serve
34until the appointment of his or her successor or until one year has
35elapsed since the expiration of the term for which he or she was
36appointed, whichever occurs first. Vacancies shall be filled by the
37appointing power for the unexpired portion of the terms in which
38they occur. A member shall not serve for more than two
39consecutive terms.

40(f) All terms shall begin on July 1 and expire on June 30.

P13   1(g) Each member of the committee shall receive per diem and
2expenses as provided in Sections 103 and 113.

3(h) Three members of the committee shall at all times constitute
4a quorum.

5(i) This section shall become operative on July 1, 2018.

6(j) This section shall remain in effect only until January 1, 2022,
7and as of that date is repealed.begin delete Notwithstanding any other law, the
8repeal of this section renders the committee subject to review by
9the appropriate policy committees of the Legislature.end delete

10

2999.27.  

The committee shall do all of the following:

11(a) Meet at least once per quarter. All meetings of the committee
12shall be public meetings. Notice of each regular meeting of the
13committee shall be given in accordance with the Bagley-Keene
14Open Meeting Act (Article 9 (commencing with Section 11120)
15of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government
16Code).

17(b) Committee meetings may be called upon reasonable notice
18at the discretion of the chair, and shall be called at any time upon
19reasonable notice by a written request of two committee members
20to the chair.

21(c) The committee shall elect a chair and a vice chair from
22among its members at the first meeting held in each fiscal year.
23The chair shall preside at all meetings of the committee and shall
24work with the executive officer of the board to coordinate the
25committee’s business. If the chair is unable to attend a meeting,
26the vice chair shall preside at the meeting.

27

2999.28.  

(a) The committee may make recommendations to
28the board regarding licensing and practice standards.

29(b) The committee may make recommendations to the board
30regarding the adoption, amendment, and repeal of regulations to
31implement the requirements of this chapter including, but not
32limited to, the setting of fees and the establishment of disciplinary
33guidelines.

34 

35Article 3.  Licensing
36

 

37

2999.30.  

To qualify for licensure as a licensed behavior analyst
38or a licensed assistant behavior analyst, each applicant shall meet
39the board’sbegin delete regulatoryend delete requirements for behavior analyst or assistant
P14   1behavior analyst licensure, as applicable, including all of the
2following:

3(a) The applicant has not committed acts or crimes constituting
4grounds for denial of licensure under Section 480.

5(b) The board shall not issue a license or registration to any
6person who has been convicted of a crime in this state, or another
7state, or in a territory of the United States that involves sexual
8abuse of a child, or who is required to register pursuant to Section
9290 of the Penal Code or the equivalent in another state or territory.

10(c) The applicant has successfully passed a state and federal
11level criminal offender record information search conducted
12through the Department of Justice, as follows:

13(1) The board shall request from the Department of Justice
14subsequent arrest notification service, pursuant to Section 11105.2
15of the Penal Code, for each person who submitted information
16pursuant to this subdivision.

17(2) The Department of Justice shall charge a fee sufficient to
18cover the cost of processing the request described in this section.

19

2999.31.  

(a) In order to obtain a license as a behavior analyst,
20an individual shall submit an application on a form approved by
21the board accompanied by the fees required by the board as
22specified in Section 2999.93.

23(b) An applicant shall include, with the application, verification
24from the certifying entity that the applicant meets both of the
25following requirements:

26(1) Has passed the Board Certified Behavior Analyst
27examination or an equivalent examination administered by the
28certifying entity.

29(2) Maintains an active status as a certified behavior analyst
30with the certifying entity.

31(c) Each applicant shall obtain a passing score on a California
32law and ethics examination administered by the board.

33(d) This section shall become inoperative on July 1, 2019. An
34applicant who submits his or her application prior to July 1, 2019,
35shall be required to meet the requirements of this section to be
36licensed by the board.

37(e) This section shall remain in effect only until January 1, 2020,
38and as of that date is repealed.

39

2999.32.  

(a) In order to obtain a license as a behavior analyst,
40an individual shall submit an application on a form approved by
P15   1the board accompanied by the fees required by the board as
2specified in Section 2999.93.

3(b) An applicant shall include, with the application, verification
4from the certifying entity that the applicant meets both of the
5following requirements:

6(1) Has passed the Board Certified Behavior Analyst
7examination or an equivalent examination administered by the
8certifying entity.

9(2) Maintains an active status as a certified behavior analyst
10with the certifying entity.

11(c) Each applicant shall obtain a passing score on a California
12law and ethics examination administered by the board.

13(d) The applicant shallbegin delete possessend deletebegin insert meet one of the following
14requirements:end insert

15begin insert(1)end insertbegin insertend insertbegin insertPossessend insert a master’s degree or higher level of education from
16an institution, which meets the requirements described in Section
172999.35, that was conferred in behavior analysis, psychology, or
18
begin delete education, or conferred in a degree program in which the applicant
19completed a behavior analysis course sequence approved by the
20certifying entity or otherwise deemed an applicable equivalent by
21the certifying entity.end delete
begin insert education.end insert

begin insert

22
(2) Possess a master’s degree or higher level of education,
23which meets the requirements described in Section 2999.35, and
24completed a behavior analysis course sequence approved by the
25certifying entity.

end insert

26(e) In addition to subdivisions (a) to (d), inclusive, an individual
27shall meet one of the following paragraphs in order to be licensed
28under this chapter:

29(1) An individual shall have completed both of the following:

30(A) Two hundred seventy hours of classroom graduate-level
31instruction in all of the following content areas:

32(i) Ethical and professional conduct coursework consisting of
3345 hours. The content must be taught in one or more freestanding
34courses devoted to ethical and professional conduct of behavior
35analysts.

36(ii) Concepts and principles of behavior analysis consisting of
3745 hours.

38(iii) Research methods in behavior analysis, consisting of 25
39hours of measurement, including data analysis, and 20 hours of
40experimental design.

P16   1(iv) Applied behavior analysis, consisting of 45 hours of
2fundamental elements of behavior change and specific behavior
3change procedures, 30 hours of identification of the problem and
4assessment, 10 hours of intervention and behavior change
5considerations, 10 hours of behavior change systems, and 10 hours
6of implementation, management, and supervision.

7(v) Elective coursework in behavior analysis consisting of 30
8hours.

9(B) Supervised experiential training by any of the following:

10(i) One thousand five hundred hours of independent field work
11in behavior analysis supervised in accordance with the requirements
12of the certifying entity.

13(ii) One thousand hours of supervised practicum in behavior
14analysis within a university practicum approved by the certifying
15entity, taken for graduate academic credit, and completed with a
16passing grade.

17(iii) Seven hundred fifty hours of supervised intensive practicum
18in behavior analysis within a university practicum approved by
19the certifying entity, taken for graduate academic credit, and
20completed with a passing grade.

21(iv) A combination of the supervised experience in clause (i),
22(ii), or (iii). Hours may be completed in any combination of the
23categories of supervised experience. Hours accrued through a
24combination of supervised experience shall be proportionately
25calculated.

26(2) An individual shall meet all of the following requirements:

27(A) Have a faculty appointment of at least three years,
28cumulatively, of full-time work as a faculty member at a fully
29accredited higher education institution within a five-year period.

30(B) Taught at least five sections or iterations of behavior analysis
31coursework. An applicant shall have taught at least two behavior
32analysis content areas, which are concepts and principles of
33behavior, single-subject research methods, applied behavior
34analysis, and ethics in behavior analysis, in separate courses. Each
35course taught shall have been exclusively or primarily devoted to
36behavior analysis content, and shall have been taught at the
37graduate level. An applicant shall submit proof of completion of
38the faculty appointment and teaching requirements from a
39department head, including the syllabus for each course taught, to
40the board.

P17   1(C) Published one article with all of the following
2characteristics:

3(i) Behavior analytic in nature.

4(ii) Includes at least one experimental evaluation.

5(iii) Published in a high-quality, peer reviewed journal.

6(iv) The applicant is the first, second, or corresponding author.

7(v) The article may have been published at any time during the
8applicant’s career.

9(D) Obtained supervised experiential training by any of the
10following:

11(i) One thousand five hundred hours of independent field work
12in behavior analysis supervised in accordance with the requirements
13of the certifying entity.

14(ii) One thousand hours of supervised practicum in behavior
15analysis within a university practicum approved by the certifying
16entity, taken for graduate academic credit, and completed with a
17passing grade.

18(iii) Seven hundred fifty hours of supervised intensive practicum
19in behavior analysis within a university practicum approved by
20the certifying entity, taken for graduate credit, and completed with
21a passing grade.

22(iv) A combination of the supervised experience in clause (i),
23(ii), or (iii). Hours may be completed in any combination of the
24categories of supervised experience. Hours accrued through a
25combination of supervised experience shall be proportionately
26calculated.

27(3) An individual shall have completed all of the following:

28(A) A doctoral degree in behavior analysis, psychology, or
29education from an accredited higher education institution.

30(B) Ten years of postdoctoral experience practicing behavior
31analysis. The duration of practice shall be at least 10 years,
32cumulatively, of full-time practice. An applicant’s practice shall
33have occurred under a relevant state professional credential or
34license.

35(C) At least 500 hours of supplemental supervised experiential
36training that meets current experience standards of the certifying
37entity, commencing after the 10 years of postdoctoral experience
38required in paragraph (b).

39(f) This section shall become operative on July 1, 2019.

P18   1

2999.33.  

(a) To obtain a license as an assistant behavior
2analyst, an individual shall submit an application on a form
3approved by the board accompanied by the fees required by the
4board as specified in Section 2999.93.

5(b) An applicant shall include, with the application, verification
6from the certifying entity that the applicant meets all of the
7following requirements:

8(1) Has passed the Board Certified Assistant Behavior Analyst
9examination or equivalent examination administered by the
10certifying entity.

11(2) Maintains an active status as a certified assistant behavior
12analyst with the certifying entity.

13(c) Each applicant shall obtain a passing score on a California
14law and ethics examination administered by the board.

15(d) Each applicant shall provide proof to the board of ongoing
16supervision by a licensed behavior analyst or a licensed
17psychologist who is qualified to practice behavior analysis in a
18manner consistent with the certifying entity’s requirements for
19supervision of assistant behavior analysts.

20(e) This section shall become inoperative on July 1, 2019. An
21applicant who submits his or her application prior to July 1, 2019,
22shall be required to meet the requirements of this section to be
23licensed by the board.

24(f) This section shall remain in effect only until January 1, 2020,
25and as of that date is repealed.

26

2999.34.  

(a) In order for an individual to be licensed as an
27assistant behavior analyst under this chapter, he or she shall possess
28a baccalaureate degree or higher level of education from an
29institution that meets the requirements described in Section
302999.35.

31(b) An applicant shall include, with the application, verification
32from the certifying entity that the applicant meets both of the
33following requirements:

34(1) Has passed the Board Certified Assistant Behavior Analyst
35examination or an equivalent examination administered by the
36certifying entity.

37(2) Maintains an active status as a certified assistant behavior
38 analyst with the certifying entity.

39(c) Each applicant shall obtain a passing score on a California
40law and ethics examination administered by the board.

P19   1(d) Each applicant shall provide proof to the board of ongoing
2supervision by a licensed behavior analyst or a licensed
3psychologist who is qualified to practice behavior analysis in a
4manner consistent with the certifying entity’s requirements for
5supervision of assistant behavior analysts.

6(e) In addition to subdivisions (a) to (d), inclusive, an individual
7shall meet all of the following requirements in order to be licensed
8under this chapter:

9(1) Completed a baccalaureate degree or higher level of
10education from an institution that meets the requirements in Section
112999.35.

12(2) An applicant shall meet both of the following:

13(A) Completed 180 classroom hours of undergraduate or
14graduate level instruction in all of the following content areas:

15(i) Ethical and professional conduct coursework of behavior
16analysis consisting of 15 hours.

17(ii) Concepts and principles of behavior analysis consisting of
1845 hours.

19(iii) Research methods in behavior analysis, consisting of 10
20hours of measurement, including data analysis, and five hours of
21experimental design.

22(iv) Applied behavior analysis, consisting of 45 hours of
23fundamental elements of behavior change and specific behavior
24change procedures, 30 hours of identification of the problem and
25assessment, five hours of intervention and behavior change
26considerations, five hours of behavior change systems, and five
27hours of implementation, management, and supervision.

28(v) Elective coursework in behavior analysis consisting of 15
29hours.

30(B) Obtained supervised experiential training by any of the
31following:

32(i) One thousand hours of independent field work in behavior
33analysis supervised in accordance with the requirements of the
34certifying entity, taken for academic credit, and completed with a
35passing grade.

36(ii) Six hundred seventy hours of supervised practicum in
37behavior analysis within a university practicum approved by the
38certifying entity, taken for academic credit, and completed with a
39passing grade.

P20   1(iii) Five hundred hours of supervised intensive practicum in
2behavior analysis within a university practicum approved by the
3certifying entity, taken for academic credit, and completed with a
4passing grade.

5(iv) A combination of the supervised experience in clause (i),
6(ii), or (iii). Hours may be completed in any combination of the
7categories of supervised experience. Hours accrued through a
8combination of supervised experience shall be proportionately
9calculated.

10(f) This section shall become operative on July 1, 2019.

11

2999.35.  

The education required to obtain a behavior analyst
12license or an assistant behavior analyst license shall be from any
13of the following:

14(a) A United States institution of higher education listed by the
15Council for Higher Education Accreditation.

16(b) A Canadian institution of higher education that is a member
17of the Association of Universities and Colleges of Canada or the
18Association of Canadian Community Colleges.

19(c) An applicant for licensure trained in an educational
20institution outside the United States or Canada shall demonstrate
21to the satisfaction of the board that he or she possesses a degree
22in a relevant subject that is equivalent to a degree earned from a
23regionally accredited university in the United States or Canada.
24Such an applicant shall provide to the board a comprehensive
25evaluation of the degree performed by a foreign credential service
26that is a member of the National Association of Credential
27Evaluation Services (NACES), and any other documentation that
28the board deems necessary.

begin insert
29

begin insert2999.35.5.end insert  

(a) A person other than a licensed behavior analyst,
30licensed assistant behavior analyst, or approved behavior analysis
31technician may be registered as a behavior analyst intern by the
32board in order to prepare for licensure as a behavior analyst. The
33behavior analyst intern shall be supervised in accordance with
34the board’s regulations by a licensed behavior analyst or a licensed
35psychologist who is qualified to practice behavior analysis in order
36to perform behavior analysis services provided that all of the
37following apply:

38
(1) The person’s title is “behavior analyst intern.”

39
(2) The person meets one of the following requirements:

P21   1
(A) Is enrolled in a defined program of study, course, practicum,
2internship, or postdoctoral program that meets the requirements
3of subdivision (d) of Section 2999.32.

4
(B) Has completed a defined program of study, course, or
5postdoctoral traineeship that meets the requirements of subdivision
6(d) of Section 2999.32 and is currently completing supervised
7experiential training in accordance with this chapter.

8
(b) The behavior analyst intern’s supervisor shall be responsible
9for ensuring that the extent, kind, and quality of the behavior
10analysis services the behavior analyst intern performs are
11consistent with his or her training and experience and shall be
12responsible for the behavior analyst intern’s compliance with this
13chapter and regulations duly adopted hereunder, including those
14provisions set forth in Section 2999.62.

15
(c) The behavior analyst intern shall be registered by the board.
16In order to register as a behavior analyst intern an individual
17shall:

18
(1) Submit fingerprint images to the California Department of
19Justice for a state and federal criminal background report within
2014 days from the date of application.

21
(2) Pay an application fee, in an amount not to exceed a
22reasonable regulatory cost, to be determined by the board.

23
(3) Renew his or her application every two years by submitting
24to the board verification of continued practice, as specified in this
25section, and by paying to the board a renewal fee in an amount
26that is 50 percent of the application fee.

27
(4) An individual may only practice as a behavior analyst intern
28for up to six years from the date of initial registration.

29
(d) No licensed behavior analyst or licensed psychologist who
30is qualified to practice behavior analysis may supervise more than
31four behavior analyst interns at any given time unless specifically
32authorized to do so by the board. No behavior analyst intern may
33provide behavior analysis services to the public except as a
34supervisee of a licensed behavior analyst or licensed psychologist
35who is qualified to practice behavior analysis.

end insert
36

2999.36.  

(a) Behavior analysis technicians practicing in this
37state under the direction and supervision of an individual licensed
38under this chapter or a licensed psychologist who is qualified to
39practice behavior analysis shall satisfy all of the following
40requirements:

P22   1(1) Be at least 18 years of age and possess a minimum of a high
2school diploma or its equivalent.

3(2) Submit an application on a form approved by the board.

4(3) Submit fingerprint images to the California Department of
5Justice for a state and federal criminal background report within
614 days from the date of application.

7(4) begin deleteAnnually pay end deletebegin insertPayend insert an application fee, in an amount not to
8exceed a reasonable regulatory cost, to be determined by the board.

begin insert

9
(5) Renew his or her application every two years by submitting
10to the board verification of continued practice as a behavior
11analysis technician and by paying to the board a renewal fee in
12an amount that is 50 percent of the application fee.

end insert

13(b) The board may deny or revoke acceptance of an application
14begin insert or the renewal of an applicationend insert under this section if it is
15determined to be in the best interest of public safety and welfare,
16as described in Section 2999.21.

17

2999.37.  

On and after July 1, 2019, it shall be unlawful for any
18person to engage in any of the following acts:

19(a) Engage in the practice of behavior analysis, as defined in
20Section 2999.12, without first having complied with the provisions
21of this chapter and without holding a current, valid, and active
22license as required by this chapter.

23(b) Represent himself or herself bybegin insert usingend insert the title “licensed
24behavior analyst,” or “licensed assistant behavior analyst” without
25being duly licensed according to the provisions of this chapter.

26(c) Make any use of any title, words, letters, or abbreviations
27that may reasonably be confused with a designation provided by
28this chapter to denote a standard of professional or occupational
29competence without being duly licensed.

30(d) Materially refuse to furnish the board information or records
31required or requested pursuant to this chapter.

32

2999.38.  

This chapter does not apply to any of the following:

33(a) An individual licensed to practice psychology in this state
34under Chapter 6.6 (commencing with Section 2900), if the practice
35of behavior analysis engaged in by the licensed psychologist is
36within the licensed psychologist’s training and competence.

37(b) A speech-language pathologist or an audiologist licensed
38under Chapter 5.3 (commencing with Section 2530), an
39occupational therapist licensed under Chapter 5.6 (commencing
40with Section 2570), a physical therapist licensed under Chapter
P23   15.7 (commencing with Section 2600), a marriage and family
2therapist licensed under Chapter 13 (commencing with Section
34980), an educational psychologist licensed under Chapter 13.5
4(commencing with Section 4989.10), a clinical social worker
5licensed under Chapter 14 (commencing with Section 4991), or a
6professional clinical counselor licensed under Chapter 16
7(commencing with Section 4999.10), if the services provided by
8any of those licensees are within his or her licensed scope of
9practice and within the scope of his or her training and competence,
10provided that he or she does not represent himself or herself as a
11licensed behavior analyst or licensed assistant behavior analyst.

begin delete

12(c) A student or other individual pursuing supervised experience
13for any of the following:

14(1) Experiential training toward a license described in this
15chapter in accordance with this chapter.

16(2) Experience in behavior analysis toward a license described
17in subdivision (a) or (b) in accordance with the requirements of
18the respective licensure act in this division.

19(3) As part of a defined program of study, course, practicum,
20internship, or postdoctoral program, provided that the behavior
21analysis activities are directly supervised by a licensed behavior
22analyst, a licensed psychologist, or by an instructor in a course
23sequence approved by a certifying entity.

24(d)

end delete

25begin insert(c)end insert A parent orbegin delete guardianend deletebegin insert guardian, or his or her designee,end insert of a
26recipient of behavior analysis services who acts under the direction
27of a licensed behavior analyst orbegin delete licensed assistant behavior analyst.end delete
28
begin insert an individual exempt pursuant to subdivision (a) or (b)end insertbegin insert for that
29recipient.end insert

begin delete

30(e)

end delete

31begin insert(d)end insert An individual who teaches behavior analysis or conducts
32behavior analysis research, provided that such teaching or research
33does not involve the direct delivery of behavior analysis services.

begin delete

34(f)

end delete

35begin insert(e)end insert A behavior analyst licensed in another state or certified by
36the certifying entity to practice independently, and who temporarily
37provides behavior analysis services in California during a period
38of not more than 90 days in a calendar year.

begin delete

39(g)

end delete

P24   1begin insert(f)end insert An individual who is vendorized by one or more regional
2centers of the State Department of Developmental Services while
3practicing behavior analysis services authorized under that
4vendorization. That individual shall not represent himself or herself
5as a licensed behavior analyst or licensed assistant behavior analyst
6unless he or she holds a license under this chapter, and shall not
7offer behavior analysis services to any person or entity other than
8the regional centers with which he or she is vendorized or accept
9remuneration for providing behavior analysis services other than
10the remuneration received from those regional centers unless he
11or she holds a license under this chapter.

begin delete

12(h) An individual employed by a local educational agency for
13the purpose of assisting students with behavioral and developmental
14issues when in classroom and other school settings.

end delete
begin insert

15
(g) An individual employed or contracted by a local educational
16agency, or a nonpublic agency or school with a contract with a
17local educational agency, for the purpose of serving students with
18behavioral and developmental issues when in classroom and other
19school settings. This individual shall not represent himself or
20herself as a licensed behavior analyst or licensed assistant
21behavior analyst unless he or she holds a license under this
22chapter, and shall not offer behavior analysis services to any
23person or entity other than the local education agencies with which
24he or she has a contract or accept remuneration for providing
25behavior analysis services other than the remuneration received
26from those local education agencies unless he or she holds a
27license under this chapter.

end insert
28

2999.41.  

A licensee shall give written notice to the board of a
29name change within 30 days after each change, giving both the
30old and new names. A copy of the legal document authorizing the
31name change, such as a court order or marriage certificate, shall
32be submitted with the notice.

33

2999.44.  

(a) A license shall expire and become invalid two
34years after it is issued at 12 midnight on the last day of the month
35in which it was issued, if not renewed.

36(b) To renew an unexpired license, the licensee shall, on or
37before the date on which it would otherwise expire, apply for
38renewal on a form provided by the board, accompanied by the
39renewal fee set by the board. The licensee shall include verification
P25   1from the certifying entity that he or she maintains an active
2certification status with the renewal form.

3(c) To renew an assistant behavior analyst license, in addition
4to the requirements in subdivision (b), the licensee shall submit
5proof of ongoing supervision by a licensed behavior analyst or a
6licensed psychologist who is qualified to practice behavior analysis
7in a manner consistent with the board’s requirements for
8supervision of assistant behavior analysts.

9

2999.45.  

(a) A license that has expired may be renewed at any
10time within three years after its expiration by applying for renewal
11on a form provided by the board, payment of all accrued and unpaid
12renewal fees, and the delinquency fee specified in Section 2999.93.
13The licensee shall include verification from the certifying entity
14that he or she maintains an active certification status with the
15renewal form.

16(b) Except as provided in Section 2999.47, a license that is not
17renewed within three years of its expiration shall not be renewed,
18restored, or reinstated, and the license shall be canceled
19immediately upon expiration of the three-year period.

20

2999.46.  

(a) The board shall not issue any renewal license, a
21new license after expiration of an expired license, or a reinstatement
22license unless the applicant submits proof that he or she has
23completed not less than 32 hours of approved continuing education
24in the preceding two-year licensure cycle for licensed behavior
25analysts and 20 hours of approved continuing education in the
26preceding two-year licensure cycle for licensed assistant behavior
27analysts.

28(b) Each person renewing or reinstating his or her license or
29obtaining a new license after expiration of a prior license issued
30pursuant to this chapter shall submit proof of compliance with this
31section to the board.

32(c) A person applying for renewal, a new license after expiration
33of a prior license, or reinstatement to an active license status shall
34certify under penalty of perjury that he or she is in compliance
35with this section.

36(d) The board may recognize continuing education courses that
37have been approved bybegin delete one or more private nonprofit organizations
38that have at least 10 years’ experience managing continuing
39education programs for behavior analysts.end delete
begin insert the certifying entity.end insert

P26   1(e) The board shall adopt regulations as necessary for
2implementation of this section.

3

2999.47.  

(a) A suspended license is subject to expiration and
4shall be renewed as provided in this article, but such renewal does
5not entitle the licensee, while the license remains suspended, and
6until it is reinstated, to engage in the licensed activity or in any
7other activity or conduct in violation of the order or judgment by
8which the license was suspended.

9(b) A license revoked on disciplinary grounds is subject to
10expiration as provided in this article, but it may not be renewed.
11If it is reinstated after its expiration, the licensee, as a condition
12of reinstatement, shall pay a reinstatement fee in an amount equal
13to the renewal fee, plus the delinquency fee, and any fees accrued
14at the time of its revocation.

15 

16Article 4.  Enforcement
17

 

18

2999.60.  

The board may on its own, and shall, upon the receipt
19of a complaint from any person, investigate the actions of any
20licensee. The board shall review a licensee’s alleged violation of
21statute, regulation, or any other law and any other complaint
22referred to it by the public, a public agency, or the department,
23and may upon a finding of a violation take disciplinary action
24under this article.

25

2999.61.  

A license issued under this chapter may be denied,
26revoked, or otherwise sanctioned upon demonstration of
27ineligibility for licensure, including, but not limited to, failure to
28maintain active certification by the certifying entity or falsification
29of documentation submitted to the board for licensure or submitted
30to the certifying authority for certification.

31

2999.62.  

The board maybegin delete deny a license application, may issue
32a license with terms and conditions, may suspend or revoke a
33license, or may place a license on probation if the applicant or
34licensee has been guilty of unprofessional conduct.end delete
begin insert end insertbegin insertrefuse to issue
35aend insert
begin insert registration or license, or may issue a registration or license
36with terms and conditions, or may suspend or revoke the
37registration or license of any registrant or licensee if the applicant,
38registrant, or licensee has been guilty of unprofessional conduct.end insert

39 Unprofessional conduct shall include, but not be limited to:

P27   1(a) Conviction of a crime substantially related to the
2qualifications, functions, or duties of a licensed behavior analyst
3or a licensed assistant behavior analyst.

4(b) Use of any controlled substance as defined in Division 10
5(commencing with Section 11000) of the Health and Safety Code,
6dangerous drug, or any alcoholic beverage to an extent or in a
7manner dangerous to himself or herself, any other person, or the
8public, or to an extent that this use impairs his or her ability to
9safely perform the practice of behavior analysis.

10(c) Fraudulently or neglectfully misrepresenting the type or
11status of a license actually held.

12(d) Impersonating another person holding a license or allowing
13another person to use his or her license.

14(e) Use of fraud or deception in applying for a license or in
15passing any examination required by this chapter.

16(f) Paying, offering to pay, accepting, or soliciting any
17consideration, compensation, or remuneration, whether monetary
18or otherwise, for the referral of clients.

19(g) Violating Section 17500.

20(h) Willful, unauthorized communication of information
21received in professional confidence.

22(i) Violating any rule of professional conduct promulgated by
23the board and set forth in regulations duly adopted under this
24chapter.

25(j) Being grossly negligent in the practice of his or her
26profession.

27(k) Violating any of the provisions of this chapter or regulations
28duly adopted thereunder.

29(l) The aiding or abetting of any person to engage in the unlawful
30practice of behavior analysis.

31(m) The suspension, revocation, or imposition of probationary
32conditions or other disciplinary action by another state or country
33of a license, certificate, or registration to practice behavior analysis
34issued by that state or country to a person also holding a license
35issued under this chapter if the act for which the disciplinary action
36was taken constitutes a violation of this section. A certified copy
37of the decision or judgment of the other state or country shall be
38conclusive evidence of that action.

39(n) The commission of any dishonest, corrupt, or fraudulent act.

P28   1(o) Any act of sexual abuse or sexual relations with abegin delete patient orend delete
2begin insert patient, with aend insert formerbegin delete patientend deletebegin insert patient, or with a patient’s parent,
3guardian, or caregiverend insert
within two years following termination of
4therapy, or sexual misconduct that is related to the qualifications,
5functions, or duties of a licensed behavior analyst or a licensed
6assistant behavior analyst.

7(p) Functioning outside of his or her particular field or fields of
8competence as established by his or her education, training, and
9experience.

10(q) Willful failure to submit, on behalf of an applicant for
11licensure, verification of supervised experience to the board.

12(r) Repeated acts of negligence.

13(s) Failure to comply with all ethical and disciplinary standards
14published by the certifying entity.

15

2999.63.  

(a) Except as provided in subdivisions (b), (c), and
16(e), any accusation filed against a licensee pursuant to Section
1711503 of the Government Code shall be filed within three years
18from the date the board discovers the alleged act or omission that
19is the basis for disciplinary action, or within seven years from the
20date the alleged act or omission that is the basis for disciplinary
21action occurred, whichever occurs first.

22(b) An accusation filed against a licensee pursuant to Section
2311503 of the Government Code alleging the procurement of a
24license by fraud or misrepresentation is not subject to the
25limitations set forth in subdivision (a).

26(c) The limitation provided for by subdivision (a) shall be tolled
27for the length of time required to obtain compliance when a report
28required to be filed by the licensee or registrant with the board
29pursuant to Article 11 (commencing with Section 800) of Chapter
301 is not filed in a timely fashion.

31(d) If an alleged act or omission involves a minor, the seven-year
32limitations period provided for by subdivision (a) and the 10-year
33limitations period provided for by subdivision (e) shall be tolled
34until the minor reaches the age of majority.

35(e) An accusation filed against a licensee pursuant to Section
3611503 of the Government Code alleging sexual misconduct shall
37be filed within three years after the board discovers the act or
38omission alleged as the ground for disciplinary action, or within
3910 years after the act or omission alleged as the ground for
40disciplinary action occurs, whichever occurs first.

P29   1(f) The limitations period provided by subdivision (a) shall be
2tolled during any period if material evidence necessary for
3prosecuting or determining whether a disciplinary action would
4be appropriate is unavailable to the board due to an ongoing
5criminal investigation.

6

2999.64.  

Notwithstanding Section 2999.62, any proposed
7decision or decisions issued under this chapter in accordance with
8the procedures set forth in Chapter 5 (commencing with Section
911500) of Part 1 of Division 3 of Title 2 of the Government Code
10that contains any finding of fact that the licensee engaged in any
11act of sexual contact, as defined in Section 728, when that act is
12with a patient, begin deleteorend delete with a former patient,begin insert or with a patient’s parent,
13guardian, or caregiverend insert
within two years following termination of
14services, shall contain an order of revocation. The revocation shall
15not be stayed by the administrative law judge.

16

2999.66.  

The board may deny an application for, or issue
17subject to terms and conditions, or suspend or revoke, or impose
18probationary conditions upon, a license or registration after a
19hearing as provided in Section 2999.70.

20

2999.67.  

A plea or verdict of guilty or a conviction following
21a plea of nolo contendere made to a charge which is substantially
22related to the qualifications, functions, and duties of a licensed
23behavior analyst or licensed assistant behavior analyst is deemed
24to be a conviction within the meaning of this article. The board
25may order the license suspended or revoked, or may decline to
26issue a license when the time for appeal has elapsed, the judgment
27of conviction has been affirmed on appeal, or when an order
28granting probation is made suspending the imposition of sentence,
29irrespective of a subsequent order under Section 1203.4 of the
30Penal Code allowing the person to withdraw his or her plea of
31guilty and to enter a plea of not guilty, or setting aside the verdict
32of guilty, or dismissing the accusation, information, or indictment.

33

2999.68.  

Any person required to register as a sex offender
34pursuant to Section 290 of the Penal Code, is not eligible for
35licensure by the board.

36

2999.69.  

An administrative disciplinary decision that imposes
37terms of probation may include, among other things, a requirement
38that the licensee who is being placed on probation pay the monetary
39costs associated with monitoring the probation.

P30   1

2999.70.  

The proceedings under this article shall be conducted
2by the board in accordance with Chapter 5 (commencing with
3Section 11500) of Part 1 of Division 3 of Title 2 of the Government
4Code.

5

2999.80.  

A person who violates any of the provisions of this
6chapter is guilty of a misdemeanor punishable by imprisonment
7in a county jail not exceeding six months or by a fine not exceeding
8two thousand five hundred dollars ($2,500), or by both that fine
9and imprisonment.

10

2999.81.  

In addition to other proceedings provided in this
11chapter, whenever any person has engaged, or is about to engage,
12in any acts or practices that constitute, or will constitute, an offense
13against this chapter, the superior court in and for the county
14wherein the acts or practices take place, or are about to take place,
15may issue an injunction or other appropriate order restraining that
16conduct on application of the board, the Attorney General, or the
17district attorney of the county. Proceedings under this section shall
18be governed by Chapter 3 (commencing with Section 525) of Title
197 of Part 2 of the Code of Civil Procedure, except that it shall be
20presumed that there is no adequate remedy at law and that
21irreparable damage will occur if the continued violation is not
22restrained or enjoined. On the written request of the board, or on
23its own motion, the board may commence an action in the superior
24court under this section.

25

2999.83.  

(a) (1) A licensee who fails or refuses to comply
26with a request for the medical records of a client, that is
27accompanied by that client’s written authorization for release of
28those records to the board, within 15 days of receiving the request
29and authorization, shall pay to the board a civil penalty of one
30thousand dollars ($1,000) per day for each day that the documents
31have not been produced after the 15th day, unless the licensee is
32unable to provide the documents within this time period for good
33cause.

34(2) A health care facility shall comply with a request for the
35medical records of a client that is accompanied by that client’s
36written authorization for release of records to the board together
37with a notice citing this section and describing the penalties for
38failure to comply with this section. Failure to provide the
39authorizing client’s medical records to the board within 30 days
40of receiving the request, authorization, and notice shall subject the
P31   1health care facility to a civil penalty, payable to the board, of up
2to one thousand dollars ($1,000) per day for each day that the
3documents have not been produced after the 30th day, up to ten
4thousand dollars ($10,000), unless the health care facility is unable
5to provide the documents within this time period for good cause.
6This paragraph shall not require health care facilities to assist the
7board in obtaining the client’s authorization. The board shall pay
8the reasonable costs of copying the medical records.

9(b) (1) A licensee who fails or refuses to comply with a court
10order, issued in the enforcement of a subpoena, mandating the
11release of records to the board shall pay to the board a civil penalty
12of one thousand dollars ($1,000) per day for each day that the
13documents have not been produced after the date by which the
14court order requires the documents to be produced, unless it is
15determined that the order is unlawful or invalid. Any statute of
16limitations applicable to the filing of an accusation by the board
17shall be tolled during the period the licensee is out of compliance
18with the court order and during any related appeals.

19(2) Any licensee who fails or refuses to comply with a court
20order, issued in the enforcement of a subpoena, mandating the
21release of records to the board, shall be subject to a civil penalty,
22payable to the board, in an amount not to exceed five thousand
23dollars ($5,000). The amount of the penalty shall be added to the
24licensee’s renewal fee if it is not paid by the next succeeding
25renewal date. Any statute of limitations applicable to the filing of
26an accusation by the board shall be tolled during the period the
27licensee is out of compliance with the court order and during any
28related appeals.

29(3) A health care facility that fails or refuses to comply with a
30court order, issued in the enforcement of a subpoena, mandating
31the release of client records to the board, that is accompanied by
32a notice citing this section and describing the penalties for failure
33to comply with this section, shall pay to the board a civil penalty
34of up to one thousand dollars ($1,000) per day for each day that
35the documents have not been produced, up to ten thousand dollars
36($10,000), after the date by which the court order requires the
37documents to be produced, unless it is determined that the order
38is unlawful or invalid. Any statute of limitations applicable to the
39filing of an accusation by the board against a licensee shall be
P32   1tolled during the period the health care facility is out of compliance
2with the court order and during any related appeals.

3(4) Any health care facility that fails or refuses to comply with
4a court order, issued in the enforcement of a subpoena, mandating
5the release of records to the board, shall be subject to a civil
6penalty, payable to the board, in an amount not to exceed five
7thousand dollars ($5,000). Any statute of limitations applicable to
8the filing 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(c) Multiple acts by a licensee in violation of subdivision (b)
12shall be a misdemeanor punishable by a fine not to exceed five
13thousand dollars ($5,000) or by imprisonment in a county jail not
14exceeding six months, or by both that fine and imprisonment.
15Multiple acts by a health care facility in violation of subdivision
16(b) shall be a misdemeanor punishable by a fine not to exceed five
17thousand dollars ($5,000) and shall be reported to the State
18Department of Health Care Services and shall be considered as
19grounds for disciplinary action with respect to licensure, including
20suspension or revocation of the license or certificate.

21(d) A failure or refusal of a licensee to comply with a court
22order, issued in the enforcement of a subpoena, mandating the
23release of records to the board constitutes unprofessional conduct
24and is grounds for suspension or revocation of his or her license.

25(e) The imposition of the civil penalties authorized by this
26section shall be in accordance with the Administrative Procedure
27Act (Chapter 5 (commencing with Section 11500) of Part 1 of
28Division 3 of Title 2 of the Government Code).

29(f) For purposes of this section, “health care facility” means a
30clinic or health facility licensed or exempt from licensure pursuant
31to Division 2 (commencing with Section 1200) of the Health and
32Safety Code.

33 

34Article 5.  Revenue
35

 

36

2999.90.  

The board shall report each month to the Controller
37the amount and source of all revenue received pursuant to this
38chapter and at the same time deposit the entire amount thereof in
39the State Treasury for credit to the Psychology Fund established
40by Section 2980.

P33   1

2999.91.  

(a) The moneys credited to the Psychology Fund
2under Section 2999.90 shall, upon appropriation by the Legislature,
3be used for the purposes of carrying out and enforcing the
4provisions of this chapter.

5(b) The board shall keep records that will reasonably ensure
6that funds expended in the administration of each licensing
7category bear a reasonable relation to the revenue derived from
8each category, and shall so notify the department no later than
9May 31 of each year.

10

2999.93.  

The board shall establish fees for the application for
11and the issuance and renewal of licenses to cover, but not exceed,
12the reasonable regulatory costs of the board related to administering
13this chapter. The fees shall be fixed by the board in regulations
14that are duly adopted under this chapter. Fees assessed pursuant
15to this section shall not exceed the following:

16(a) The delinquency fee shall be 50 percent of the biennial
17renewal fee.

18(b) The fee for rescoring an examination shall be twenty dollars
19($20).

20(c) The fee for issuance of a replacement license shall be twenty
21dollars ($20).

22(d) The fee for issuance of a certificate or letter of good standing
23shall be twenty-five dollars ($25).

24

2999.94.  

(a) A person licensed under this chapter is exempt
25from the payment of the renewal fee in any one of the following
26instances:

27(1) While engaged in full-time active service in the United States
28Army, Navy, Air Force, or Marine Corps.

29(2) While in the United States Public Health Service.

30(3) While a volunteer in the Peace Corps or AmeriCorps VISTA.

31(b) Every person exempted from the payment of the renewal
32fee by this section shall not engage in any private practice and
33shall become liable for the fee for the current renewal period upon
34the completion of his or her period of full-time active service and
35shall have a period of 60 days after becoming liable within which
36to pay the fee before the delinquency fee becomes applicable. Any
37person who completes his or her period of full-time active service
38within 60 days of the end of a renewal period is exempt from the
39payment of the renewal fee for that period.

P34   1(c) The time spent in that full-time active service or full-time
2training and active service shall not be included in the computation
3of the three-year period for renewal of an expired license specified
4in Section 2999.45.

5(d) The exemption provided by this section shall not be
6applicable if the person engages in any practice for compensation
7other than full-time service in the United States Army, Navy, Air
8Force, or Marine Corps, in the United States Public Health Service,
9or the Peace Corps or AmeriCorps VISTA.

10

2999.98.  

The licensing and regulatory program under this
11chapter shall be supported from fees assessed to applicants and
12licensees. Startup funds to implement this program shall be derived,
13as a loan, from the Psychology Fund, subject to an appropriation
14by the Legislature in the annual Budget Act. The board shall not
15implement this chapter until funds have been appropriated.

16

SEC. 10.  

No reimbursement is required by this act pursuant
17to Section 6 of Article XIII B of the California Constitution because
18the only costs that may be incurred by a local agency or school
19district will be incurred because this act creates a new crime or
20infraction, eliminates a crime or infraction, or changes the penalty
21for a crime or infraction, within the meaning of Section 17556 of
22the Government Code, or changes the definition of a crime within
23the meaning of Section 6 of Article XIII B of the California
24Constitution.



O

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