Amended in Senate August 16, 2016

Amended in Assembly April 6, 2016

California Legislature—2015–16 Regular Session

Assembly Bill No. 2191

Introduced by Assembly Member Salas

(Principal coauthor: Senator Hill)

begin insert

(Coauthor: Assembly Member Brough)

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February 18, 2016

An act to amend Sections begin delete 4990 and 4990.04 end delete begin insert 4990, 4990.04, and 4990.22 end insert of the Business and Professions Code, relating to professions and vocations.

LEGISLATIVE COUNSEL’S DIGEST

AB 2191, as amended, Salas. 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, begin delete 2021. end delete begin insert 2021, and would make nonsubstantive changes. end insert

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 her or his 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 begin insert the Senate Committee on Rules
or end insert the Speaker of the Assembly begin delete or the Senate Committee on Rules end delete
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 she or he 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 her or his 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, 2021,
and as of that date is 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 her or him 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, 2021,
and as of that date is repealed.

begin insert

begin insert SEC. 3. end insert   

end insert

begin insert Section 4990.22 of the end insert begin insert Business and Professions Code end insert

begin insert is amended to read: end insert

4990.22.  

(a) The Behavioral Sciences Fund shall be used for
the purposes of carrying out and enforcing the provisions of this
chapter and the chapters listed in Section 4990.12. All moneys in
the fund shall be begin delete expended end delete begin insert expended, upon appropriation of the
Legislature, end insert by the board for the purposes of the programs under
its jurisdiction.

(b) The board shall keep records that reasonably ensure that
funds expended in the administration of each licensure or
registration category shall bear a reasonable relation to the revenue
derived from each category and report to the department no later
than May 31 of each year on those expenditures.

(c) Surpluses, if any, may be used by the board in a manner that
bears a reasonable relation to the revenue derived from each
licensure or registration category and may include, but not be
limited to, expenditures for education and research related to each
of the licensing or registration categories.