Amended in Assembly April 12, 2016

Amended in Assembly March 29, 2016

California Legislature—2015–16 Regular Session

Assembly Bill No. 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 boards 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 the board consists of 9 members, 4 of whom are public members and 5 of whom are licensed psychologists. Existing law specifies that a quorum of the board requires 5 members. Existing law requires the board to post information on its licensees, including the license status and address of record for a licensee, as specified.

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

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 meet certain requirements, including, but not limited to, that one member is licensed as a psychologist and is qualified to practice behavior analysis, as defined. 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.

This 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 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.

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 application fee. The bill would make these approvals subject to renewal every 2 years and would require the payment of a renewal fee.

This bill would, until January 1, 2022, create the Behavior Analyst Committee within the jurisdiction of the board, and would require the committee to be composed 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.

This 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 the act 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, the bill would impose 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 1.  

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

27.  

(a) Each entity specified in subdivisions (c), (d), and (e)
shall provide on the Internet information regarding the status of
every license issued by that entity in accordance with the California
Public Records Act (Chapter 3.5 (commencing with Section 6250)
of Division 7 of Title 1 of the Government Code) and the
Information Practices Act of 1977 (Chapter 1 (commencing with
Section 1798) of Title 1.8 of Part 4 of Division 3 of the Civil Code).
The public information to be provided on the Internet shall include
information on suspensions and revocations of licenses issued by
the entity and other related enforcement action, including
accusations filed pursuant to the Administrative Procedure Act
(Chapter 3.5 (commencing with Section 11340) of Part 1 of
Division 3 of Title 2 of the Government Code) taken by the entity
relative to persons, businesses, or facilities subject to licensure or
regulation by the entity. The information may not include personal
information, including home telephone number, date of birth, or
social security number. Each entity shall disclose a licensee’s
address of record. However, each entity shall allow a licensee to
provide a post office box number or other alternate address, instead
of his or her home address, as the address of record. This section
shall not preclude an entity from also requiring a licensee, who
has provided a post office box number or other alternative mailing
address as his or her address of record, to provide a physical
business address or residence address only for the entity’s internal
administrative use and not for disclosure as the licensee’s address
of record or disclosure on the Internet.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(17) The Board of Psychology shall disclose information on its
licensees, including psychologists, psychological assistants,
registered psychologists, behavior analysts, assistant behavior
analysts, behavior analysis technicians, and behavior analyst
interns.

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

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

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

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

SEC. 2.  

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

2920.  

(a) The Board of Psychology shall enforce and
administer this chapter and Chapter 6.7 (commencing with Section
2999.10). The board shall consist of nine members, four of whom
shall be public members.

(b) On and after July 1, 2018, notwithstanding subdivision (a),
the board shall consist of 11 members, five of whom shall be public
members.

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

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

SEC. 3.  

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

2922.  

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

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

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

SEC. 4.  

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

2922.  

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

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

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

SEC. 5.  

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

2923.  

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

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

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

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

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

SEC. 6.  

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

2923.  

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

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

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

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

(2) For subsequent appointments, the member shall be licensed
as a behavior analyst under Chapter 6.7 (commencing with Section
2999.10).

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

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

SEC. 7.  

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

2927.  

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

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

SEC. 8.  

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

2927.  

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

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

SEC. 9.  

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

 

Chapter  6.7. Behavior Analysts

 

Article 1.  General Provisions

 

2999.10.  

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

2999.11.  

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

(b) It is the intent of the Legislature that the board begin
accepting applications for behavior analyst licensure, assistant
behavior analyst licensure, behavior analysis technician approval,
and behavior analyst intern registration no later than January 1,
2018, provided that the funds necessary to implement this chapter
have been appropriated by the Legislature as specified in Section
2999.98.

2999.12.  

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

(a) “Behavior analysis technician” means an individual who
works directly with a client to implement applied behavior analysis
services 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, and
has successfully completed the application requirements described
in Section 2999.36.

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

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

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

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

(f) “Licensed assistant behavior analyst” means a person licensed
under this chapter to practice behavior analysis under the
supervision of a licensed behavior analyst or a licensed
psychologist who is qualified to practice behavior analysis.

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

(h) “Licensed behavior analyst” means a person licensed under
this chapter to practice behavior analysis.

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

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

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

 

Article 2.  Administration

 

2999.20.  

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

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

2999.21.  

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

2999.22.  

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

2999.23.  

The board shall adopt a program of consumer and
professional education in matters relevant to the ethical practice
of behavior analysis. The board shall establish standards of ethical
conduct relating to the practice of behavior analysis that are based
on current standards published by a national credentialing
organization with behavior analyst certification programs approved
by the board and accredited by the National Commission for
Certifying Agencies. These standards shall be applied by the board
as the accepted standard of ethics in all law and ethics licensing
examination development and in all board enforcement policies
and disciplinary case evaluations involving the practice of behavior
analysis.

2999.24.  

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

2999.25.  

The board shall maintain, and make available to the
public, a list of all licensees. The board shall make available on
its Internet Web site information regarding the status of every
license issued by the board under this chapter pursuant to Section
27.

2999.26.  

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

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

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

(d) Notwithstanding subdivisions (b) and (c), the initial
appointed members of the committee shall be appointed as follows:

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

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

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

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

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

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

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

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

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

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

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

(j) This section shall remain in effect only until January 1, 2022,
and as of that date is repealed.

2999.27.  

The committee shall do all of the following:

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

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

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

2999.28.  

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

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

 

Article 3.  Licensing

 

2999.30.  

To qualify for licensure as a licensed behavior analyst
or a licensed assistant behavior analyst, each applicant shall meet
the board’s requirements for behavior analyst or assistant behavior
analyst licensure, as applicable, including all of the following:

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

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

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

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

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

2999.31.  

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

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

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

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

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

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

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

2999.32.  

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

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

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

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

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

(d) The applicant shall meet one of the following requirements:

(1) Possess a master’s degree or higher level of education from
an institution, which meets the requirements described in Section
2999.35, that was conferred in behavior analysis, psychology, or
education.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(i) Behavior analytic in nature.

(ii) Includes at least one experimental evaluation.

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

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

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

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

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

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

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

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

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

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

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

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

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

2999.33.  

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

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

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

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

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

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

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

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

2999.34.  

(a) In order for an individual to be licensed as an
assistant behavior analyst under this chapter, he or she shall possess
a baccalaureate degree or higher level of education from an
institution that meets the requirements described in Section
2999.35.

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

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

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

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

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

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

(1) Completed a baccalaureate degree or higher level of
education from an institution that meets the requirements in Section
2999.35.

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

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

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

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

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

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

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

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

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

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

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

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

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

2999.35.  

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

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

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

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

2999.35.5.  

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

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

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

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

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

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

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

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

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

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

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

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

2999.36.  

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

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

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

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

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

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

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

2999.37.  

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

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

(b) Represent himself or herself by using the title “licensed
behavior analyst,” or “licensed assistant behavior analyst” without
being duly licensed according to the provisions of this chapter.

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

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

2999.38.  

This chapter does not apply to any of the following:

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

(b) A speech-language pathologist or an audiologist licensed
under Chapter 5.3 (commencing with Section 2530), an
occupational therapist licensed under Chapter 5.6 (commencing
with Section 2570), a physical therapist licensed under Chapter
5.7 (commencing with Section 2600), a marriage and family
therapist licensed under Chapter 13 (commencing with Section
4980), an educational psychologist licensed under Chapter 13.5
(commencing with Section 4989.10), a clinical social worker
licensed under Chapter 14 (commencing with Section 4991), or a
professional clinical counselor licensed under Chapter 16
(commencing with Section 4999.10), if the services provided by
any of those licensees are within his or her licensed scope of
practice and within the scope of his or her training and competence,
provided that he or she does not represent himself or herself as a
licensed behavior analyst or licensed assistant behavior analyst.

(c) A parent or guardian, or his or her designee, of a recipient
of behavior analysis services who acts under the direction of a
licensed behavior analyst or an individual exempt pursuant to
subdivision (a) or (b) for that recipient.

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

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

begin delete

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

end delete begin delete

(g)

end delete

begin insert (f) end insert  An individual employed or contracted by a local educational
agency, or a nonpublic agency or school with a contract with a
local educational agency, for the purpose of serving students with
behavioral and developmental issues when in classroom and other
school settings. This individual shall not represent himself or
herself as a licensed behavior analyst or licensed assistant behavior
analyst unless he or she holds a license under this chapter, and
shall not offer behavior analysis services to any person or entity
other than the local education agencies with which he or she has
a contract or accept remuneration for providing behavior analysis
services other than the remuneration received from those local
education agencies unless he or she holds a license under this
chapter.

2999.41.  

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

2999.44.  

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

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

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

2999.45.  

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

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

2999.46.  

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

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

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

(d) The board may recognize continuing education courses that
have been approved by the certifying entity.

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

2999.47.  

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

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

 

Article 4.  Enforcement

 

2999.60.  

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

2999.61.  

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

2999.62.  

The board may refuse to issue a registration or license,
or may issue a registration or license with terms and conditions,
or may suspend or revoke the registration or license of any
registrant or licensee if the applicant, registrant, or licensee has
been guilty of unprofessional conduct. Unprofessional conduct
shall include, but not be limited to:

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

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

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

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

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

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

(g) Violating Section 17500.

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

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

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

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

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

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

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

(o) Any act of sexual abuse or sexual relations with a patient,
with a former patient, or with a patient’s parent, guardian, or
caregiver within two years following termination of therapy, or
sexual misconduct that is related to the qualifications, functions,
or duties of a licensed behavior analyst or a licensed assistant
behavior analyst.

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

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

(r) Repeated acts of negligence.

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

2999.63.  

(a) Except as provided in subdivisions (b), (c), and
(e), any accusation filed against a licensee pursuant to Section
11503 of the Government Code shall be filed within three years
from the date the board discovers the alleged act or omission that
is the basis for disciplinary action, or within seven years from the
date the alleged act or omission that is the basis for disciplinary
action occurred, whichever occurs first.

(b) An accusation filed against a licensee pursuant to Section
11503 of the Government Code alleging the procurement of a
license by fraud or misrepresentation is not subject to the
limitations set forth in subdivision (a).

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

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

(e) An accusation filed against a licensee pursuant to Section
11503 of the Government Code alleging sexual misconduct shall
be filed within three years after the board discovers the act or
omission alleged as the ground for disciplinary action, or within
10 years after the act or omission alleged as the ground for
disciplinary action occurs, whichever occurs first.

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

2999.64.  

Notwithstanding Section 2999.62, any proposed
decision or decisions issued under this chapter in accordance with
the procedures set forth in Chapter 5 (commencing with Section
11500) of Part 1 of Division 3 of Title 2 of the Government Code
that contains any finding of fact that the licensee engaged in any
act of sexual contact, as defined in Section 728, when that act is
with a patient, with a former patient, or with a patient’s parent,
guardian, or caregiver within two years following termination of
services, shall contain an order of revocation. The revocation shall
not be stayed by the administrative law judge.

2999.66.  

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

2999.67.  

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

2999.68.  

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

2999.69.  

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

2999.70.  

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

2999.80.  

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

2999.81.  

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

2999.83.  

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

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

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

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

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

(4) Any health care facility that fails or refuses to comply with
a court order, issued in the enforcement of a subpoena, mandating
the release of records to the board, shall be subject to a civil
penalty, payable to the board, in an amount not to exceed five
thousand dollars ($5,000). Any statute of limitations applicable to
the filing of an accusation by the board against a licensee shall be
tolled during the period the health care facility is out of compliance
with the court order and during any related appeals.

(c) Multiple acts by a licensee in violation of subdivision (b)
shall be a misdemeanor punishable by a fine not to exceed five
thousand dollars ($5,000) or by imprisonment in a county jail not
exceeding six months, or by both that fine and imprisonment.
Multiple acts by a health care facility in violation of subdivision
(b) shall be a misdemeanor punishable by a fine not to exceed five
thousand dollars ($5,000) and shall be reported to the State
Department of Health Care Services and shall be considered as
grounds for disciplinary action with respect to licensure, including
suspension or revocation of the license or certificate.

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

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

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

 

Article 5.  Revenue

 

2999.90.  

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

2999.91.  

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

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

2999.93.  

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

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

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

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

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

2999.94.  

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

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

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

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

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

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

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

2999.98.  

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

SEC. 10.  

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