BILL NUMBER: AB 1715 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 9, 2016
AMENDED IN ASSEMBLY APRIL 12, 2016
AMENDED IN ASSEMBLY MARCH 29, 2016
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 pass a
specified 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 for relicensure or
reinstatement 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
pass a specified state and federal 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 the registration of a
behavior analysis technician, as defined, who practices under the
direction and supervision of a registered behavioral analyst
intern, a licensed behavior analyst, a licensed assistant
behavior analyst, or a licensed psychologist who is qualified to
practice behavior analysis, to submit,
analysis. The bill, among other things, would require that
technician to submit an application subject to board
approval, fingerprints for a application, pass a
specified state and federal criminal background check, and
payment of pay an application fee. The
bill would make these approvals registrations
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. analysis, as
provided.
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, $2,000, 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
licensure as a behavior analyst or an assistant behavior analyst no
later than July 1, 2019. It is the intent of the Legislature that the
board begin accepting applications for registration as a behavior
analysis technician or a behavior analyst intern 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. 2018.
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 registered
behavior analyst intern, 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.
analysis and who m aintains active certification with
the certifying entity during the entire period of licensure.
(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.
analysis and who maintains active certification with the certifying
entity during the entire period of licensure.
(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, or
those in Section 2903, 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 ethical conduct
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. year.
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:
(a) The applicant has successfully passed a state- and
federal-level criminal offender record information search conducted
through the Department of Justice.
(1)
(b) 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. section.
(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. entity.
(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
registered 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.
(A) Has received a baccalaureate degree from an institution that
meets the requirements in Section 2999.35.
(B) Has begun or completed the graduate level instruction set
forth in subparagraph (A) of paragraph (1) of subdivision (e) of
Section 2999.32 or in subparagraph (A) of paragraph (2) of
subdivision (e) of Section 2999.34.
(C) Has begun or completed the supervised experiential training
set forth in subparagraph (B) of paragraph (1) of subdivision (e) of
Section 2999.32 or in subparagraph (B) of paragraph (2) of
subdivision (e) of Section 2999.34.
(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.
(1) (A) Have successfully passed a state- and federal-level
criminal offender record information search conducted through the
Department of Justice.
(B) 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 paragraph.
(2) Apply within 14 days of electronic fingerprint image
submission.
(2)
(3) Pay an application fee, in an amount not to exceed
a reasonable regulatory cost, to be determined by the board.
(3)
(4) Renew his or her application
registration 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. determined by the
board, which does not exceed the reasonable regulatory costs to the
board.
(4)
(5) An individual may only practice as a behavior
analyst intern for up to a cumulative total
of six years (72 months) 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
or registered under this chapter or a licensed
psychologist who is qualified to practice behavior analysis shall
be registered by the board. In order to register as a behavior
analysis technician, an individual 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.
(3) (A) Have successfully passed a state- and federal-level
criminal offender record information search conducted through the
Department of Justice.
(B) 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 paragraph.
(4) Apply within 14 days of electronic fingerprint image
submission.
(4)
(5) Pay an application fee, in an amount not to exceed
a reasonable regulatory cost, to be determined by the board.
(5)
(6) Renew his or her application
registration 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. determined
by the board, which does not exceed the reasonable regulatory costs
to the board.
(b) The board may deny or revoke acceptance of an application or
the renewal of an application a registration
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" analyst," "registered behavior
analyst intern," or "registered behavior analysis technician
" without being duly licensed or registered
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
analyst, licensed assistant behavior analyst.
analyst, registered behavior analyst intern, or
registered behavior analysis technician.
(c) A student or other individual pursuing supervised experience
in behavior analysis toward a license described in subdivision (a) or
(b) in accordance with the requirements of the respective licensure
act in this division.
(c)
(d) 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)
(e) 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. research and is employed by an
accredited or approved college, junior college, or university, or by
a federal, state, county, or municipal governmental entity
that is not primarily involved in the provision of direct behavior
analysis services. This individual may conduct research and
disseminate his or her research findings and scientific information.
(e)
(f) 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 30 days
in a calendar year.
(f)
(g) 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. settings or locations
specified in the student's individualized
education program. 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 or registrant 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.
2999.42. (a) A licensee or registrant shall file with the board
his or her address of record, which shall be used as the mailing
address for the licensee or registrant and shall be disclosable to
the public. The licensee or registrant may provide a post office box
number or other alternative address as his or her address of record;
however, if a post office box number or alternate address is used as
the address of record, the licensee or registrant also shall provide
a physical business or residential address for the board's internal
administrative use and not for public disclosure.
(b) Each applicant, licensee, or registrant who has an electronic
mail address shall provide to the board that electronic mail address
and shall maintain a current electronic mail address, if any, with
the board.
(c) Within 30 days after a change of any address specified in (a)
or (b), or both, the applicant, licensee, or registrant shall report
to the board any and all changes, giving his or her new address or
addresses.
(d) Failure to comply with the requirements of this section may
subject the licensee to enforcement action.
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, at midnight of the last
day of the two-year period from the date the license 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. Any false
statements submitted pursuant to this section shall constitute a
violation subject to Section 2999.80.
(c) A person applying for renewal, a new license after
expiration of a prior license, or relicensure or for
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
entity 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 analyst, a licensed assistant
behavior analyst. analyst, a registered
behavior analyst intern, or a registered behavior analysis
technician.
(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
analyst, a licensed assistant behavior analyst.
analyst, a registered behavior analyst intern, or a
registered behavior analysis technician.
(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 analyst, a licensed
assistant behavior analyst analyst, a
registered behavior analyst intern, or a registered behavior analysis
technician 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),
dollars ($2,000), or by both that fine and
imprisonment. both.
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). five dollars ($5).
(d) The fee for issuance of a certificate or letter of good
standing shall be twenty-five dollars ($25).
five dollars ($5).
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.