BILL NUMBER: AB 2191	ENROLLED
	BILL TEXT

	PASSED THE SENATE  AUGUST 19, 2016
	PASSED THE ASSEMBLY  AUGUST 24, 2016
	AMENDED IN SENATE  AUGUST 16, 2016
	AMENDED IN ASSEMBLY  APRIL 6, 2016

INTRODUCED BY   Assembly Member Salas
   (Principal coauthor: Senator Hill)
   (Coauthor: Assembly Member Brough)

                        FEBRUARY 18, 2016

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


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2191, 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, 2021, and would make nonsubstantive changes.


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 the Senate Committee on Rules or the
Speaker of the Assembly 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.
  SEC. 3.  Section 4990.22 of the Business and Professions Code is
amended to read:
   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 expended, upon appropriation of the Legislature, 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.