BILL NUMBER: AB 2191 INTRODUCED
BILL TEXT
INTRODUCED BY Committee on Business and Professions (Assembly
Members Bonilla (Chair), Jones (Vice Chair), Baker, Bloom, Campos,
Chang, Dodd, Mullin, Ting, Wilk, and Wood)
FEBRUARY 18, 2016
An act to amend Sections 4990 and 4990.04 of the Business and
Professions Code, relating to professions and vocations.
LEGISLATIVE COUNSEL'S DIGEST
AB 2191, as introduced, Committee on Business and Professions.
Board of Behavioral Sciences.
Existing law provides for the licensure and regulation of
educational psychologists, clinical social workers, marriage and
family therapists, and professional clinical counselors by the Board
of Behavioral Sciences within the Department of Consumer Affairs.
Existing law specifies the composition of the board and requires the
board to employ an executive officer. Existing law repeals these
provisions on January 1, 2017. Under existing law, the repeal of the
provision establishing the board renders the board subject to review
by the appropriate policy committees of the Legislature.
This bill would extend the operation of these provisions until
January 1, 2021.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 4990 of the Business and Professions Code is
amended to read:
4990. (a) There is in the Department of Consumer Affairs, a Board
of Behavioral Sciences that consists of the following members:
(1) Two state licensed clinical social workers.
(2) One state licensed educational psychologist.
(3) Two state licensed marriage and family therapists.
(4) One state licensed professional clinical counselor.
(5) Seven public members.
(b) Each member, except the seven public members, shall have at
least two years of experience in his or her profession.
(c) Each member shall reside in the State of California.
(d) The Governor shall appoint five of the public members and the
six licensed members with the advice and consent of the Senate. The
Senate Committee on Rules and the Speaker of the Assembly shall each
appoint a public member.
(e) Each member of the board shall be appointed for a term of four
years. A member appointed by the Speaker of the Assembly or the
Senate Committee on Rules shall hold office until the appointment and
qualification of his or her successor or until one year from the
expiration date of the term for which he or she was appointed,
whichever first occurs. Pursuant to Section 1774 of the Government
Code, a member appointed by the Governor shall hold office until the
appointment and qualification of his or her successor or until 60
days from the expiration date of the term for which he or she was
appointed, whichever first occurs.
(f) A vacancy on the board shall be filled by appointment for the
unexpired term by the authority who appointed the member whose
membership was vacated.
(g) Not later than the first of June of each calendar year, the
board shall elect a chairperson and a vice chairperson from its
membership.
(h) Each member of the board shall receive a per diem and
reimbursement of expenses as provided in Section 103.
(i) This section shall remain in effect only until January 1,
2017, 2021, and as of that date is
repealed, unless a later enacted statute, that is enacted
before January 1, 2017, deletes or extends that date.
repealed.
(j) Notwithstanding any other provision of law, the repeal of this
section renders the board subject to review by the appropriate
policy committees of the Legislature.
SEC. 2. Section 4990.04 of the Business and Professions Code is
amended to read:
4990.04. (a) The board shall appoint an executive officer. This
position is designated as a confidential position and is exempt from
civil service under subdivision (e) of Section 4 of Article VII of
the California Constitution.
(b) The executive officer serves at the pleasure of the board.
(c) The executive officer shall exercise the powers and perform
the duties delegated by the board and vested in him or her by this
chapter.
(d) With the approval of the director, the board shall fix the
salary of the executive officer.
(e) The chairperson and executive officer may call meetings of the
board and any duly appointed committee at a specified time and
place. For purposes of this section, "call meetings" means setting
the agenda, time, date, or place for any meeting of the board or any
committee.
(f) This section shall remain in effect only until January 1,
2017, 2021, and as of that date is
repealed, unless a later enacted statute, that is enacted
before January 1, 2017, deletes or extends that date.
repealed.