Amended in Senate April 6, 2015

Senate BillNo. 479


Introduced by Senator Bates

February 26, 2015


An actbegin insert 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 Section 2999.25 of, the Business and Professions Code,end insert relating to healing arts.

LEGISLATIVE COUNSEL’S DIGEST

SB 479, as amended, Bates. Healingbegin delete arts.end deletebegin insert arts: behavior analysis: licensing.end insert

Existing law provides for the licensure and regulation of various healing arts licensees by various boards, as defined, within the Department of Consumer Affairs, including the Board ofbegin delete Behavioral Sciences and the Board ofend delete Psychology.begin insert Under existing law, until January 1, 2017, the board is vested with the power to enforce the Psychology Licensing Law, and consists of 9 members, 4 of whom are public members and 5 of whom are licensed psychologists. Existing law requires the board to post information on its licensees, as specified, including, among others, psychological assistants. Existing law specifies that a quorum of the board requires 5 members.end insert

begin delete

This bill would declare the intent of the legislature to enact legislation to license and regulate the profession of applied behavioral analysis.

end delete
begin insert

This bill would, on and after July 1, 2017, increase the number of members on the board to 11, and would increase the number of members for a quorum to 6 members. The bill would require the 2 new members to meet certain requirements, including, but not limited to, that they practice behavior analysis, as defined.

end insert
begin insert

This bill would establish the Behavior Analyst Act. The 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 applicants to, among other things, meet certain educational and training requirements, and submit fingerprints for both a state and federal criminal background check.

end insert
begin insert

This bill would, until January 1, 2021, vest the board with the power to enforce the Behavior Analyst Act, and would require the board to, among other things, post information regarding licensed behavior analysts and licensed assistant behavior analysts, as specified. The bill would, until January 1, 2021, create the Behavior Analyst Committee within the jurisdiction of the board, and would require the committee to be comprised of 5 members who shall be appointed as specified. The bill would authorize the committee to make recommendations to the board regarding the implementation of the act.

end insert
begin insert

This bill would define certain terms for these purposes. The bill would require the board to conduct disciplinary hearings, as specified. The bill on and after January 1, 2018, make it unlawful to, among other things, practice behavior analysis without being licensed by the board, except as specified.

end insert
begin insert

This bill would make a violation of any of these provisions a misdemeanor punishable by 6 months in the county jail or a fine not to exceed $2,500, or by both imprisonment and a fine. By creating a new crime, this bill would result in a state-mandated local program.

end insert
begin insert

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.

end insert
begin insert

This bill would provide that no reimbursement is required by this act for a specified reason.

end insert

Vote: majority. Appropriation: no. Fiscal committee: begin deleteno end deletebegin insertyesend insert. State-mandated local program: begin deleteno end deletebegin insertyesend insert.

The people of the State of California do enact as follows:

P2    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 27 of the end insertbegin insertBusiness and Professions Codeend insert
2begin insert is amended to read:end insert

3

27.  

(a) Each entity specified in subdivisions (c), (d), and (e)
4shall provide on the Internet information regarding the status of
P3    1every license issued by that entity in accordance with the California
2Public Records Act (Chapter 3.5 (commencing with Section 6250)
3of Division 7 of Title 1 of the Government Code) and the
4Information Practices Act of 1977 (Chapter 1 (commencing with
5Section 1798) of Title 1.8 of Part 4 of Division 3 of the Civil Code).
6The public information to be provided on the Internet shall include
7information on suspensions and revocations of licenses issued by
8the entity and other related enforcement action, including
9accusations filed pursuant to the Administrative Procedure Act
10(Chapter 3.5 (commencing with Section 11340) of Part 1 of
11Division 3 of Title 2 of the Government Code) taken by the entity
12relative to persons, businesses, or facilities subject to licensure or
13regulation by the entity. The information may not include personal
14information, including home telephone number, date of birth, or
15social security number. Each entity shall disclose a licensee’s
16address of record. However, each entity shall allow a licensee to
17provide a post office box number or other alternate address, instead
18of his or her home address, as the address of record. This section
19shall not preclude an entity from also requiring a licensee, who
20has provided a post office box number or other alternative mailing
21address as his or her address of record, to provide a physical
22business address or residence address only for the entity’s internal
23administrative use and not for disclosure as the licensee’s address
24of record or disclosure on the Internet.

25(b) In providing information on the Internet, each entity specified
26in subdivisions (c) and (d) shall comply with the Department of
27Consumer Affairs’ guidelines for access to public records.

28(c) Each of the following entities within the Department of
29Consumer Affairs shall comply with the requirements of this
30section:

31(1) The Board for Professional Engineers, Land Surveyors, and
32Geologists shall disclose information on its registrants and
33licensees.

34(2) The Bureau of Automotive Repair shall disclose information
35on its licensees, including auto repair dealers, smog stations, lamp
36and brake stations, smog check technicians, and smog inspection
37certification stations.

38(3) The Bureau of Electronic and Appliance Repair, Home
39Furnishings, and Thermal Insulation shall disclose information on
40its licensees and registrants, including major appliance repair
P4    1dealers, combination dealers (electronic and appliance), electronic
2repair dealers, service contract sellers, and service contract
3administrators.

4(4) The Cemetery and Funeral Bureau shall disclose information
5on its licensees, including cemetery brokers, cemetery salespersons,
6cemetery managers, crematory managers, cemetery authorities,
7crematories, cremated remains disposers, embalmers, funeral
8establishments, and funeral directors.

9(5) The Professional Fiduciaries Bureau shall disclose
10information on its licensees.

11(6) The Contractors’ State License Board shall disclose
12information on its licensees and registrants in accordance with
13Chapter 9 (commencing with Section 7000) of Division 3. In
14addition to information related to licenses as specified in
15subdivision (a), the board shall also disclose information provided
16to the board by the Labor Commissioner pursuant to Section 98.9
17of the Labor Code.

18(7) The Bureau for Private Postsecondary Education shall
19disclose information on private postsecondary institutions under
20its jurisdiction, including disclosure of notices to comply issued
21pursuant to Section 94935 of the Education Code.

22(8) The California Board of Accountancy shall disclose
23information on its licensees and registrants.

24(9) The California Architects Board shall disclose information
25on its licensees, including architects and landscape architects.

26(10) The State Athletic Commission shall disclose information
27on its licensees and registrants.

28(11) The State Board of Barbering and Cosmetology shall
29disclose information on its licensees.

30(12) The State Board of Guide Dogs for the Blind shall disclose
31information on its licensees and registrants.

32(13) The Acupuncture Board shall disclose information on its
33licensees.

34(14) The Board of Behavioral Sciences shall disclose
35information on its licensees, including licensed marriage and family
36therapists, licensed clinical social workers, licensed educational
37psychologists, and licensed professional clinical counselors.

38(15) The Dental Board of California shall disclose information
39on its licensees.

P5    1(16) The State Board of Optometry shall disclose information
2regarding certificates of registration to practice optometry,
3statements of licensure, optometric corporation registrations, branch
4office licenses, and fictitious name permits of its licensees.

5(17) The Board of Psychology shall disclose information on its
6licensees, including psychologists, psychological assistants,begin delete andend delete
7 registeredbegin delete psychologists.end deletebegin insert psychologists, behavior analysts, and
8assistant behavior analysts.end insert

9(d) The State Board of Chiropractic Examiners shall disclose
10information on its licensees.

11(e) The Structural Pest Control Board shall disclose information
12on its licensees, including applicators, field representatives, and
13operators in the areas of fumigation, general pest and wood
14destroying pests and organisms, and wood roof cleaning and
15treatment.

16(f) “Internet” for the purposes of this section has the meaning
17set forth in paragraph (6) of subdivision (f) of Section 17538.

18begin insert

begin insertSEC. 2.end insert  

end insert

begin insertSection 2920 of the end insertbegin insertBusiness and Professions Codeend insertbegin insert is
19amended to read:end insert

20

2920.  

(a) The Board of Psychology shall enforce and
21administer thisbegin delete chapter.end deletebegin insert chapter and Chapter 6.7 (commencing
22with Section 2999.10).end insert
The board shall consist of nine members,
23four of whom shall be public members.

begin insert

24(b) On and after July 1, 2017, notwithstanding paragraph (a),
25the board shall consist of 11 members, four of whom shall be public
26members.

end insert
begin delete

27(b)

end delete

28begin insert(end insertbegin insertc)end insert This section shall remain in effect only until January 1, 2017,
29and as of that date isbegin delete repealed, unless a later enacted statute, that
30is enacted before January 1, 2017, deletes or extends that date.end delete

31begin insert repealed.end insert

begin delete

32(c)

end delete

33begin insert(d)end insert Notwithstanding any otherbegin delete provision ofend delete law, the repeal of
34this section renders the board subject to review by the appropriate
35policy committees of the Legislature.

36begin insert

begin insertSEC. 3.end insert  

end insert

begin insertSection 2922 of the end insertbegin insertBusiness and Professions Codeend insertbegin insert is
37amended to read:end insert

38

2922.  

begin insert(a)end insertbegin insertend insert In appointing the members of the board, except the
39public members, the Governor shall use his or her judgment to
P6    1select psychologists who represent, as widely as possible, the varied
2professional interests of psychologists in California.

begin delete

3The

end delete

4begin insert(b)end insertbegin insertend insertbegin insertTheend insert Governor shall appoint two of the public members and
5the five licensed members of the board qualified as provided in
6Section 2923. The Senatebegin delete Rulesend delete Committeebegin insert on Rulesend insert and the
7Speaker of the Assembly shall each appoint a public begin delete member, and
8their initial appointment shall be made to fill, respectively, the first
9and second public member vacancies which occur on or after
10January 1, 1983.end delete
begin insert member.end insert

begin insert

11(c) This section shall become inoperative on July 1, 2017, and,
12as of January 1, 2018, is repealed.

end insert
13begin insert

begin insertSEC. 4.end insert  

end insert

begin insertSection 2922 is added to the end insertbegin insertBusiness and Professions
14Code
end insert
begin insert, to read:end insert

begin insert
15

begin insert2922.end insert  

(a)  In appointing the licensed members of the board,
16the Governor shall use his or her judgment to select psychologists
17and behavior analysts who represent, as widely as possible, the
18varied professional interests of psychologists and behavior analysts
19in California.

20(b) The Governor shall appoint two of the public members and
21the seven licensed members of the board qualified as provided in
22Section 2923. The Senate Committee on Rules and the Speaker of
23the Assembly shall each appoint a public member.

24(c) This section shall become operative on July 1, 2017.

end insert
25begin insert

begin insertSEC. 5.end insert  

end insert

begin insertSection 2923 of the end insertbegin insertBusiness and Professions Codeend insertbegin insert is
26amended to read:end insert

27

2923.  

begin insert(a)end insertbegin insertend insert Each member of the board shall have all of the
28following qualifications:

begin delete

29(a)

end delete

30begin insert(end insertbegin insert1)end insert He or she shall be a resident of this state.

begin delete

31(b)

end delete

32begin insert(end insertbegin insert2)end insert Each member appointed, except the public members, shall
33be a licensed psychologist.

begin delete

34The

end delete

35begin insert(b)end insertbegin insertend insertbegin insertTheend insert public members shall not be licentiates of the board or
36of any board under this division or of any board referred to in the
37Chiropractic Act or the Osteopathic Act.

begin insert

38(c) This section shall become inoperative on July 1, 2017, and,
39as of January 1, 2018, is repealed.

end insert
P7    1begin insert

begin insertSEC. 6.end insert  

end insert

begin insertSection 2923 is added to the end insertbegin insertBusiness and Professions
2Code
end insert
begin insert, to read:end insert

begin insert
3

begin insert2923.end insert  

(a) Each member of the board shall be a resident of this
4state.

5(b) Five members of the board shall be licensed as psychologists
6under this chapter.

7(c) One member shall be licensed as a psychologist under this
8chapter and shall be qualified to practice behavior analysis, as
9defined in Section 2999.12, as follows:

10(1) For the first appointment after the operative date of this
11section, the member shall hold a certificate as a certified behavior
12analyst from a certifying entity, as defined in Section 2999.12.

13(2) For subsequent appointments, the member shall be licensed
14as a behavior analyst under Chapter 6.7 (commencing with Section
152999.10).

16(d) One member shall be qualified to practice behavior analysis,
17as defined in Section 2999.12, as follows:

18(1) For the first appointment after the operative date of this
19section, the member shall hold a certificate as a certified behavior
20analyst from a certifying entity, as defined in Section 2999.12.

21(2) For subsequent appointments, the member shall be licensed
22as a behavior analyst under Chapter 6.7 (commencing with Section
232999.10).

24(e) The public members shall not be licentiates of the board or
25of any board under this division or of any board referred to in the
26Chiropractic Act or the Osteopathic Act.

27(f) This section shall become operative on July 1, 2017.

end insert
28begin insert

begin insertSEC. 7.end insert  

end insert

begin insertSection 2927 of the end insertbegin insertBusiness and Professions Codeend insertbegin insert is
29amended to read:end insert

30

2927.  

begin insert(a)end insertbegin insertend insert Five members of the board shall at all times
31constitute a quorum.

begin insert

32(b) This section shall become inoperative on July 1, 2017, and,
33as of January 1, 2018, is repealed.

end insert
34begin insert

begin insertSEC. 8.end insert  

end insert

begin insertSection 2927 is added to the end insertbegin insertBusiness and Professions
35Code
end insert
begin insert, to read:end insert

begin insert
36

begin insert2927.end insert  

(a) Six members of the board shall at all times constitute
37a quorum.

38(b) This section shall become operative on July 1, 2017.

end insert
39begin insert

begin insertSEC. 9.end insert  

end insert

begin insertChapter 6.7 (commencing with Section 2999.10) is
40added to Division 2 of the end insert
begin insertBusiness and Professions Codeend insertbegin insert, to read:end insert

begin insert

P8    1 

2Chapter  begin insert6.7.end insert Behavior Analysts
3

3 

4Article begin insert1.end insert  General Provisions
5

 

6

begin insert2999.10.end insert  

This chapter shall be known and may be cited as the
7Behavior Analyst Act.

8

begin insert2999.11.end insert  

(a) The Legislature finds and declares that the
9practice of behavior analysis in California affects the public health,
10safety, and welfare, and is subject to regulation to protect the
11public from the unauthorized and unqualified practice of behavior
12analysis, and unprofessional, unethical or harmful conduct by
13persons licensed to practice behavior analysis.

14(b) It is the intent of the Legislature that the board begin
15accepting applications for behavior analyst licensure and assistant
16behavior analyst licensure no later than January 1, 2018, provided
17that the funds necessary to implement this chapter have been
18appropriated by the Legislature as specified in Section 2999.98.

19

begin insert2999.12.end insert  

For purposes of this chapter, the following terms
20have the following meanings:

21(a) “Board” means the Board of Psychology.

22(b) “Certifying entity” means the Behavior Analyst Certification
23Board or its successor, or a national organization with a behavior
24analyst certification program approved by the board and
25accredited by the National Commission for Certifying Agencies.

26(c) “Committee” means the Behavior Analyst Committee.

27(d) “Department” means the Department of Consumer Affairs.

28(e) “Licensed assistant behavior analyst” means a person
29licensed under this chapter to practice behavior analysis under
30the supervision of a licensed behavior analyst and who meets the
31requirements of Section 2999.33.

32(f) “Licensed behavior analyst” means a person licensed under
33this chapter to practice behavior analysis and who meets the
34requirements of Section 2999.31.

35(g) (1) “Practice of behavior analysis” or “to practice behavior
36analysis” means the design, implementation, and evaluation of
37instructional and environmental modifications to produce socially
38significant improvements in human behavior and includes any of
39the following:

P9    1(A) The empirical identification of functional relations between
2behavior and environmental factors, known as functional
3assessment and analysis.

4(B) Interventions based on scientific research and the direct
5observation and measurement of behavior and the environment.

6(C) Utilization of contextual factors, motivating operations,
7antecedent stimuli, positive reinforcement, and other consequences
8to help people develop new behaviors, increase or decrease existing
9behaviors, and emit behaviors under specific environmental
10conditions.

11(2) The practice of behavior analysis does not include
12psychological testing, diagnosis of a mental or physical disorder,
13neuropsychology, psychotherapy, cognitive therapy, sex therapy,
14psychoanalysis, hypnotherapy, or counseling as treatment
15modalities.

16 

17Article begin insert2.end insert  Administration
18

 

19

begin insert2999.20.end insert  

(a) The Board of Psychology is vested with the power
20to administer the provisions and requirements of this chapter, and
21may make and enforce rules and regulations that are reasonably
22necessary to carry out its provisions.

23(b) This section shall remain in effect only until January 1, 2021,
24and as of that date is repealed. Notwithstanding any other law,
25the repeal of this section renders the board subject to review by
26the appropriate policy committees of the Legislature.

27

begin insert2999.21.end insert  

Protection of the public shall be the highest priority
28for the board in exercising its licensing, regulatory, and
29disciplinary functions pursuant to this chapter. Whenever the
30protection of the public is inconsistent with other interests sought
31to be promoted, the protection of the public shall be paramount.

32

begin insert2999.22.end insert  

Upon recommendation of the committee, the board
33shall adopt, amend, and repeal regulations to implement the
34requirements of this chapter. All regulations adopted by the board
35shall comply with the provisions of Chapter 3.5 (commencing with
36Section 11340) of Part 1 of Division 3 of Title 2 of the Government
37Code.

38

begin insert2999.23.end insert  

The board may employ, subject to civil service and
39other laws, employees as may be necessary to carry out the
P10   1provisions of this chapter under the direction of the executive
2officer of the board.

3

begin insert2999.24.end insert  

The board shall maintain, and make available to the
4public, a list of all licensees. The board shall make available on
5its Internet Web site information regarding the status of every
6license issued by the board under this chapter pursuant to Section
727.

8

begin insert2999.25.end insert  

(a) The Behavior Analyst Committee is hereby
9created within the jurisdiction of the board to protect the public
10from the unauthorized and unqualified practice of applied behavior
11analysis, and unprofessional, unethical, or harmful conduct by
12persons licensed to practice behavior analysis.

13(b) The committee shall consist of five members. Two members
14shall be licensed behavior analysts. One member shall be a
15psychologist licensed under Chapter 6.6 (commencing with Section
162900) who is also a member of the Board of Psychology and who
17holds a license as a behavior analyst. One member shall be a
18licensed assistant behavior analyst. One member shall be a public
19member who is a consumer of behavior analysis services and who
20is not licensed under this chapter, under any chapter within this
21division, or by any board referred to in the Chiropractic Act or
22the Osteopathic Act.

23(c) The Governor shall appoint one licensed behavior analyst
24member, the licensed psychologist member, and the licensed
25assistant behavior analyst member. The Senate Committee on
26Rules shall appoint the public member, and the Speaker of the
27Assembly shall appoint one licensed behavior analyst member.

28(d) Notwithstanding subdivisions (b) and (c), the initially
29appointed members of the committee shall be appointed as follows:

30(1) The initial members appointed by the Governor shall be as
31follows:

32(A) One member shall hold a certificate as a certified behavior
33analyst from a certifying entity and shall serve an initial term of
34one year.

35(B) One member shall hold a certificate as a certified assistant
36behavior analyst from a certifying entity and shall serve an initial
37term of two years.

38(C) One member shall be a licensed psychologist who holds a
39certificate as a certified behavior analyst from a certifying entity
40and shall serve an initial term of three years.

P11   1(2) The initial member appointed by the Senate Committee on
2Rules shall serve a term of four years.

3(3) The initial member appointed by the Speaker of the Assembly
4shall hold a certificate as a certified behavior analyst from a
5certifying entity and shall serve an initial term of four years.

6(e) Except as provided in paragraph (d), each member of the
7 committee shall hold office for a term of four years, and shall serve
8until the appointment of his or her successor or until one year has
9elapsed since the expiration of the term for which he or she was
10appointed, whichever occurs first. Vacancies shall be filled by the
11appointing power for the unexpired portion of the terms in which
12they occur. A member shall not serve for more than two consecutive
13terms.

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

15(g) Each member of the committee shall receive per diem and
16expenses as provided in Sections 103 and 113.

17(h) Three members of the committee shall at all times constitute
18a quorum.

19(i) This section shall become operative on July 1, 2017.

20(j) This section shall remain in effect only until January 1, 2021,
21and as of that date is repealed. Notwithstanding any other law,
22the repeal of this section renders the committee subject to review
23by the appropriate policy committees of the Legislature.

24

begin insert2999.26.end insert  

The committee shall do all of the following:

25(a) Meet at least once per quarter. All meetings of the committee
26shall be public meetings. Notice of each regular meeting of the
27board shall be given in accordance with the Bagley-Keene Open
28Meeting Act (Article 9 (commencing with Section 11120) of
29Chapter 1 of Part 1 of Division 3 of Title 2 of the Government
30Code).

31(b) Committee meetings may be called upon reasonable notice
32at the discretion of the chair, and shall be called at any time upon
33reasonable notice by a written request of two committee members
34to the chair.

35(c) The committee shall elect a chair and a vice chair from
36among its members at the first meeting held in each fiscal year.
37The chair shall preside at all meetings of the committee and shall
38work with the executive officer of the board to coordinate the
39committee’s business. If the chair is unable to attend a meeting,
40the vice chair shall preside at the meeting.

P12   1

begin insert2999.27.end insert  

(a) The committee may make recommendations to
2the board regarding licensing and practice standards.

3(b) The committee may make recommendations to the board
4regarding the adoption, amendment, and repeal of regulations to
5implement the requirements of this chapter including, but not
6limited to, the setting of fees and the establishment of disciplinary
7actions.

8

begin insert2999.28.end insert  

Any action taken by the committee under this chapter
9shall only be effective after adoption by majority vote of the
10members of the committee and after adoption by a majority vote
11of the members of the board.

12 

13Article begin insert3.end insert  Licensing
14

 

15

begin insert2999.30.end insert  

To qualify for licensure as a licensed behavior analyst
16or a licensed assistant behavior analyst, each applicant shall meet
17the board’s regulatory requirements for behavior analyst or
18assistant behavior analyst licensure, as applicable, including all
19of the following:

20(a) The applicant has not committed acts or crimes constituting
21grounds for denial of licensure under Section 480.

22(b) The board shall not issue a license or registration to any
23person who has been convicted of a crime in this state, or another
24state, or in a territory of the United States that involves sexual
25abuse of a child, or who is required to register pursuant to Section
26290 of the Penal Code or the equivalent in another state or
27territory.

28(c) The applicant has successfully passed a state and federal
29level criminal offender record information search conducted
30through the Department of Justice, as follows:

31(1) The board shall direct applicants to electronically submit
32to the Department of Justice fingerprint images and related
33information required by the Department of Justice for the purpose
34of obtaining information as to the existence and content of a record
35of state and federal level convictions and arrests and information
36as to the existence and content of a record of state or federal level
37arrests for which the Department of Justice establishes that the
38person is free on bail or on his or her own recognizance pending
39trial or appeal.

P13   1(2) The Department of Justice shall forward the fingerprint
2images and related information received pursuant to paragraph
3(1) to the Federal Bureau of Investigation and request a federal
4summary for criminal history information.

5(3) The Department of Justice shall review the information
6returned from the Federal Bureau of Investigation and compile
7and disseminate a response to the board pursuant to paragraph
8(1) of subdivision (p) of Section 11105 of the Penal Code.

9(4) The board shall request from the Department of Justice
10subsequent arrest notification service, pursuant to Section 11105.2
11of the Penal Code, for each person who submitted information
12pursuant to paragraph (1).

13(5) The Department of Justice shall charge a fee sufficient to
14cover the cost of processing the request described in this section.

15

begin insert2999.31.end insert  

(a) To obtain a license as a behavior analyst, an
16individual shall submit an application on a form approved by the
17board accompanied by the fees required by the board as specified
18in Section 2999.93.

19(b) The board shall verify with the certifying entity that the
20applicant meets all of the following requirements:

21(1) Has passed the Board Certified Behavior Analyst
22examination administered by the Behavior Analyst Certification
23Board.

24(2) Maintains an active status as a certified behavior analyst
25with the certifying entity.

26(3) Is in compliance with all ethical and disciplinary standards
27published by the certifying entity.

28(c) Each applicant shall obtain a passing score on a California
29law and ethics examination administered by the board.

30

begin insert2999.32.end insert  

(a) In order for an individual to be licensed as a
31behavior analyst under this chapter, he or she shall possess a
32master’s degree or higher level of education from an institution,
33which meets the requirements described in Section 2999.35, that
34was conferred in behavior analysis or other natural science,
35education, human services, engineering, medicine, or a field related
36to behavior analysis and approved by the certifying entity.

37(b) In addition to subdivision (a), an individual shall meet one
38of the following in order to be licensed under this chapter:

39(1) An individual shall have completed both of the following:

P14   1(A) Completed 270 hours of classroom graduate-level
2instruction in the following content areas:

3(i) Ethical and professional conduct coursework consisting of
445 hours. The content must be taught in one or more freestanding
5courses devoted to ethical and professional conduct of behavior
6analysts.

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

9(iii) Research methods in behavior analysis, consisting of 25
10hours of measurement, including data analysis, and 20 hours of
11experimental design.

12(iv) Applied behavior analysis, consisting of 45 hours of
13fundamental elements of behavior change and specific behavior
14change procedures, 30 hours of identification of the problem and
15assessment, 10 hours of intervention and behavior change
16considerations, 10 hours of behavior change systems, and 10 hours
17of implementation, management and supervision.

18(v) Discretionary coursework in behavior analysis consisting
19of 30 hours.

20(B) Obtained experience by any of the following:

21(i) Completed 1,500 hours of independent field work in behavior
22analysis supervised in accordance with the requirements of the
23certifying entity.

24(ii) Completed, with a passing grade, 1,000 hours of supervised
25practicum in behavior analysis within a university practicum
26approved by the certifying entity and taken for graduate academic
27credit.

28(iii) Completed, with a passing grade, 750 hours of supervised
29intensive practicum in behavior analysis within a university
30practicum approved by the certifying entity and taken for graduate
31academic credit.

32(iv) Completed a combination of the supervised experience in
33clause (i), (ii), or (iii). Hours may be completed in any combination
34of the categories of supervised experience. Hours accrued through
35a combination of supervised experience shall be proportionately
36calculated.

37(2) An individual shall have done both of the following:

38(A) Completed one academic year as a full-time faculty
39appointment at a college or university, as described in Section
402999.35, during which he or she did all of the following:

P15   1(i) Taught classes on basic principles of behavior, single-subject
2research methods, applications of basic principles of behavior in
3applied settings, and ethical issues.

4(ii) Conducted and published research in behavior analysis.

5(B) Obtained experience by any of the following:

6(i) Completed 1,500 hours of independent field work in behavior
7analysis supervised in accordance with the requirements of the
8certifying entity.

9(ii) Completed, with a passing grade, 1,000 hours of supervised
10practicum in behavior analysis within a university practicum
11approved by the certifying entity and taken for graduate academic
12credit.

13(iii) Completed, with a passing grade, 750 hours of supervised
14intensive practicum in behavior analysis within a university
15practicum approved by the certifying entity and taken for graduate
16academic credit.

17(iv) Completed a combination of the supervised experience in
18clause (i), (ii), or (iii). Hours may be completed in any combination
19of the categories of supervised experience. Hours accrued through
20a combination of supervised experience shall be proportionately
21calculated.

22(3) An individual shall have both of the following:

23(i) A doctoral degree, conferred at least 10 years prior to the
24date of application in the field of behavior analysis, psychology,
25education, or a related field approved by the certifying entity.

26(ii) Ten years of verified and documented postdoctoral
27experience practicing behavior analysis.

28(c) If an individual is certified by a certifying entity whose
29requirements for initial certification as a certified behavior analyst
30at the time of license application meet or surpass the requirements
31in subdivisions (a) and (b), the applicant for licensure shall be
32deemed to have satisfied the requirements in subdivisions (a) and
33(b).

34

begin insert2999.33.end insert  

(a) To obtain a license as an assistant behavior
35analyst, an individual shall submit an application on a form
36approved by the board accompanied by the fees required by the
37board as specified in Section 2999.93.

38(b) The board shall verify with the certifying entity that the
39applicant meets all of the following requirements:

P16   1(1) Has passed the Board Certified Assistant Behavior Analyst
2examination administered by the certifying entity.

3(2) Maintains an active status as a board certified assistant
4behavior analyst with the certifying entity.

5(3) Is in compliance with all ethical and disciplinary standards
6published by the certifying entity.

7(c) Each applicant shall obtain a passing score on a California
8law and ethics examination administered by the board.

9(d) Each applicant shall provide proof of ongoing supervision
10by a licensed behavior analyst in a manner consistent with the
11certifying entity’s requirements for supervision of assistant
12behavior analysts.

13

begin insert2999.34.end insert  

(a) In order for an individual to be licensed as an
14assistant behavior analyst under this chapter, he or she shall
15possess a baccalaureate degree or higher level of education from
16an institution that meets the requirements described in Section
172999.35.

18(b) In addition to subdivision (a), an individual shall meet both
19of the following in order to be licensed under this chapter:

20(1) Completed 180 classroom hours of undergraduate or
21graduate level instruction in the following content areas:

22(A) Ethical and professional conduct coursework of behavior
23analysis consisting of 15 hours.

24(B) Concepts and principles of behavior analysis consisting of
2545 hours.

26(C) Research methods in behavior analysis, consisting of 10
27hours of measurement, including data analysis, and five hours of
28experimental design.

29(D) Applied behavior analysis, consisting of 45 hours of
30fundamental elements of behavior change and specific behavior
31change procedures, 30 hours of identification of the problem and
32assessment, five hours of intervention and behavior change
33considerations, five hours of behavior change systems, and five
34hours of implementation, management and supervision.

35(E) Discretionary coursework in behavior analysis consisting
36of 15 hours.

37(2) Obtained experience by any of the following:

38(A) Completed 1,000 hours of independent field work in behavior
39analysis supervised in accordance with the requirements of the
40certifying entity.

P17   1(B) Completed, with a passing grade, 670 hours of supervised
2practicum in behavior analysis within a university practicum
3approved by the certifying entity and taken for academic credit.

4(C) Completed, with a passing grade, 500 hours of supervised
5intensive practicum in behavior analysis within a university
6practicum approved by the certifying entity and taken for academic
7credit.

8(D) Completed a combination of the supervised experience in
9paragraph (A), (B), or (C). Hours may be completed in any
10combination of the categories of supervised experience. Hours
11accrued through a combination of supervised experience shall be
12proportionately calculated.

13(c) If an individual is certified by a certifying entity whose
14requirements for initial certification as a certified assistant
15behavior analyst at the time of license application meet or surpass
16the requirements in subdivisions (a) and (b), the applicant for
17licensure shall be deemed to have satisfied the requirements in
18subdivisions (a) and (b).

19

begin insert2999.35.end insert  

The education required to obtain a behavior analyst
20license or an assistant behavior analyst license shall be from any
21of the following:

22(a) A United States institution of higher education listed by the
23Council for Higher Education Accreditation.

24(b) A Canadian institution of higher education that is a member
25of the Association of Universities and Colleges of Canada or the
26Association of Canadian Community Colleges.

27(c) An institution of higher education located outside the United
28States or Canada that, at the time the applicant was enrolled and
29at the time the applicant graduated, maintained a standard of
30training equivalent to the standards of training of those institutions
31accredited in the United States as demonstrated by a member of
32the National Association of Credential Evaluation Services.

33

begin insert2999.36.end insert  

On and after January 1, 2018, it shall be unlawful
34for any person to engage in any of the following acts:

35(a) Engage in the practice of behavior analysis, as defined in
36Section 2999.12 , without first having complied with the provisions
37of this chapter and without holding a current, valid, and active
38license as required by this chapter.

P18   1(b) Represent himself or herself by the title “licensed behavior
2analyst,” or “licensed assistant behavior analyst” without being
3duly licensed according to the provisions of this chapter.

4(c) Make any use of any title, words, letters, or abbreviations
5that may reasonably be confused with a designation provided by
6this chapter to denote a standard of professional or occupational
7competence without being duly licensed.

8(d) Materially refuse to furnish the board information or records
9required or requested pursuant to this chapter.

10

begin insert2999.37.end insert  

This chapter does not apply to any of the following:

11(a) An individual licensed to practice psychology in this state
12under Chapter 6.6 (commencing with Section 2900), if the practice
13of behavior analysis engaged in by the licensed psychologist is
14within the licensed psychologist’s training and competence.

15(b) An occupational therapist licensed under Chapter 5.6
16(commencing with Section 2570), a physical therapist licensed
17under Chapter 5.7 (commencing with Section 2600), a marriage
18and family therapist licensed under Chapter 13 (commencing with
19Section 4980) or an educational psychologist licensed under
20Chapter 13.5 (commencing with Section 4980.10) acting within
21his or her licensed scope of practice and within the scope of his
22or her training and competence, provided that he or she does not
23represent himself or herself as a licensed behavior analyst or
24licensed assistant behavior analyst.

25(c) An individual, including a paraprofessional technician,
26acting under the authority and direction of a licensed behavior
27analyst, a licensed assistant behavior analyst, or an individual
28described in paragraph (a) or (b).

29(d) A family member of a recipient of behavior analysis services
30who acts under the extended authority and direction of a licensed
31behavior analyst or a licensed assistant behavior analyst.

32(e) A matriculated college or university student who practices
33behavior analysis as a part of a defined program of study, course,
34practicum, internship, or postdoctoral fellowship, provided that
35the behavior analysis activities are directly supervised by a
36licensed behavior analyst or by an instructor in a course sequence
37approved by the certifying entity.

38(f) An unlicensed individual pursuing supervised experience in
39behavior analysis consistent with the experience requirements of
P19   1the certifying entity, provided such experience is supervised in
2accordance with the requirements of the certifying entity.

3(g) An individual who teaches behavior analysis or conducts
4behavior analytic research, provided that such teaching or
5research does not involve the direct delivery of behavior analysis
6services.

7(h) A behavior analyst licensed in another state or certified by
8the certifying entity to practice independently, and who temporarily
9provides behavior analysis services in California during a period
10of not more than 90 days in a calendar year.

11(i) An individual who is vendorized by one or more regional
12centers of the California Department of Developmental Services
13while practicing behavior analysis services authorized under that
14vendorization. That individual shall not represent himself or herself
15as a licensed behavior analyst or licensed assistant behavior
16analyst unless he or she holds a license under this chapter, and
17shall not offer behavior analysis services to any person or entity
18other than the regional centers with which he or she is vendorized
19or accept remuneration for providing behavior analysis services
20other than the remuneration received from those regional centers.

21(j) An individual employed by a school board performing the
22duties of his or her position, provided that he or she shall only
23offer behavior analysis services within the scope of that
24employment by the school board.

25

begin insert2999.40.end insert  

(a) The board shall issue a license to a person who
26is licensed as a behavior analyst or an assistant behavior analyst
27in another state, if that state currently imposes comparable
28licensure requirements as those required by this state and if that
29state offers reciprocity to individuals licensed under this chapter.
30Applicants for a license under reciprocity shall submit an
31application on a form approved by the board accompanied by the
32fees required by the board as specified in Section 2999.93. Each
33applicant shall complete any other eligibility requirements
34established by the board, including, but not limited to, the criminal
35background check required by Section 2999.30.

36(b) The board shall verify that the applicant meets all of the
37 following:

38(1) Holds an active license as a licensed behavior analyst or
39licensed assistant behavior analyst in another state.

P20   1(2) Is not subject to any disciplinary action by another state or
2certifying entity.

3(3) Maintains an active status as board certified behavior
4analyst or board certified assistant behavior analyst with the
5certifying entity.

6(4) Is in compliance with all ethical and disciplinary standards
7published by the certifying entity.

8(c) Each applicant shall obtain a passing score on a California
9law and ethics examination administered by the board.

10

begin insert2999.41.end insert  

A licensee shall give written notice to the board of a
11name change within 30 days after each change, giving both the
12old and new names. A copy of the legal document authorizing the
13name change, such as a court order or marriage certificate, shall
14be submitted with the notice.

15

begin insert2999.44.end insert  

(a) A license shall expire and become invalid two
16years after it is issued at 12 midnight on the last day of the month
17in which it was issued, if not renewed.

18(b) To renew an unexpired license, the licensee shall, on or
19before the date on which it would otherwise expire, apply for
20renewal on a form provided by the board, accompanied by the
21renewal fee set by the board. The board shall obtain verification
22from the certifying entity that the renewal applicant maintains an
23active certification status with the certifying entity.

24(c) To renew an assistant behavior analyst license, in addition
25to the requirements in paragraph (b), the licensee shall submit
26proof of ongoing supervision by a licensed behavior analyst in a
27manner consistent with the certifying entity’s requirements for
28supervision of assistant behavior analysts.

29

begin insert2999.45.end insert  

(a) A license that has expired may be renewed at any
30time within three years after its expiration by applying for renewal
31on a form provided by the board, payment of all accrued and
32unpaid renewal fees, and the delinquency fee specified in Section
332999.93. The board shall obtain verification from the certifying
34entity of the licensee’s active certification status with the certifying
35entity.

36(b) Except as provided in Section 2999.46, a license that is not
37renewed within three years of its expiration shall not be renewed,
38restored, or reinstated, and the license shall be canceled
39immediately upon expiration of the three year-period.

P21   1

begin insert2999.46.end insert  

(a) A suspended license is subject to expiration and
2shall be renewed as provided in this article, but such renewal does
3not entitle the licensee, while the license remains suspended, and
4until it is reinstated, to engage in the licensed activity or in any
5other activity or conduct in violation of the order or judgment by
6which the license was suspended.

7(b) A license revoked on disciplinary grounds is subject to
8 expiration as provided in this article, but it may not be renewed.
9If it is reinstated after its expiration, the licensee, as a condition
10of reinstatement, shall pay a reinstatement fee in an amount equal
11to the renewal fee, plus the delinquency fee and any fees accrued
12at the time of its revocation.

13 

14Article begin insert4.end insert  Enforcement
15

 

16

begin insert2999.60.end insert  

The board may on its own, and shall, upon the receipt
17of a complaint from any person, investigate the actions of any
18licensee. The board shall review a licensee’s alleged violation of
19statute, regulation, or any other law and any other complaint
20referred to it by the public, a public agency, or the department,
21and may upon a finding of a violation take disciplinary action
22under this article.

23

begin insert2999.61.end insert  

A license issued under this chapter may be denied,
24revoked, or otherwise sanctioned upon demonstration of
25ineligibility for licensure, including, but not limited to, failure to
26maintain active certification by the certifying entity or falsification
27of documentation submitted to the board for licensure or submitted
28to the certifying authority for certification.

29

begin insert2999.62.end insert  

The board may deny a license application, may issue
30a license with terms and conditions, may suspend or revoke a
31license, or may place a license on probation if the applicant or
32licensee has been guilty of unprofessional conduct. Unprofessional
33conduct shall include, but not be limited to:

34(a) Conviction of a crime substantially related to the
35qualifications, functions, or duties of a licensed behavior analyst
36or a licensed assistant behavior analyst.

37(b) Use of any controlled substance as defined in Division 10
38(commencing with Section 11000) of the Health and Safety Code,
39dangerous drug, or any alcoholic beverage to an extent or in a
40manner dangerous to himself or herself, any other person, or the
P22   1public, or to an extent that this use impairs his or her ability to
2safely perform the practice of behavior analysis.

3(c) Fraudulently or neglectfully misrepresenting the type or
4status of a license actually held.

5(d) Impersonating another person holding a license or allowing
6another person to use his or her license.

7(e) Use of fraud or deception in applying for a license or in
8passing any examination required by this chapter.

9(f) Paying, offering to pay, accepting, or soliciting any
10consideration, compensation, or remuneration, whether monetary
11or otherwise, for the referral of clients.

12(g) Violating Section 17500.

13(h) Willful, unauthorized communication of information received
14in professional confidence.

15(i) Violating any rule of professional conduct promulgated by
16the board and set forth in regulations duly adopted under this
17chapter.

18(j) Being grossly negligent in the practice of his or her
19profession.

20(k) Violating any of the provisions of this chapter or regulations
21duly adopted thereunder.

22(l) The aiding or abetting of any person to engage in the
23unlawful practice of behavior analysis.

24(m) The suspension, revocation, or imposition of probationary
25conditions or other disciplinary action by another state or country
26of a license, certificate, or registration to practice behavior
27 analysis issued by that state or country to a person also holding
28a license issued under this chapter if the act for which the
29disciplinary action was taken constitutes a violation of this section.
30A certified copy of the decision or judgment of the other state or
31country shall be conclusive evidence of that action.

32(n) The commission of any dishonest, corrupt, or fraudulent
33act.

34(o) Any act of sexual abuse or sexual relations with a patient
35or former patient within two years following termination of therapy,
36or sexual misconduct that is substantially related to the
37qualifications, functions, or duties of a licensed behavior analyst
38or a licensed assistant behavior analyst.

P23   1(p) Functioning outside of his or her particular field or fields
2of competence as established by his or her education, training,
3and experience.

4(q) Willful failure to submit, on behalf of an applicant for
5licensure, verification of supervised experience to the board.

6(r) Repeated acts of negligence.

7(s) Failure to comply with all ethical and disciplinary standards
8published by the certifying entity.

9

begin insert2999.63.end insert  

(a) Except as provided in subdivisions (b), (c), and
10(e), any accusation filed against a licensee pursuant to Section
1111503 of the Government Code shall be filed within three years
12from the date the board discovers the alleged act or omission that
13is the basis for disciplinary action, or within seven years from the
14date the alleged act or omission that is the basis for disciplinary
15action occurred, whichever occurs first.

16(b) An accusation filed against a licensee pursuant to Section
1711503 of the Government Code alleging the procurement of a
18license by fraud or misrepresentation is not subject to the
19limitations set forth in subdivision (a).

20(c) The limitation provided for by subdivision (a) shall be tolled
21for the length of time required to obtain compliance when a report
22required to be filed by the licensee or registrant with the board
23pursuant to Article 11 (commencing with Section 800) of Chapter
241 is not filed in a timely fashion.

25(d) If an alleged act or omission involves a minor, the seven-year
26limitations period provided for by subdivision (a) and the 10-year
27limitations period provided for by subdivision (e) shall be tolled
28until the minor reaches the age of majority.

29(e) An accusation filed against a licensee pursuant to Section
3011503 of the Government Code alleging sexual misconduct shall
31be filed within three years after the board discovers the act or
32omission alleged as the ground for disciplinary action, or within
3310 years after the act or omission alleged as the ground for
34disciplinary action occurs, whichever occurs first.

35(f) The limitations period provided by subdivision (a) shall be
36tolled during any period if material evidence necessary for
37prosecuting or determining whether a disciplinary action would
38be appropriate is unavailable to the board due to an ongoing
39criminal investigation.

P24   1

begin insert2999.64.end insert  

Notwithstanding Section 2999.62, any proposed
2decision or decision issued under this chapter in accordance with
3the procedures set forth in Chapter 5 (commencing with Section
411500) of Part 1 of Division 3 of Title 2 of the Government Code
5that contains any finding of fact that the licensee engaged in any
6act of sexual contact, as defined in Section 728, when that act is
7with a patient, or with a former patient, within two years following
8termination of services, shall contain an order of revocation. The
9revocation shall not be stayed by the administrative law judge.

10

begin insert2999.66.end insert  

The board may deny an application for, or issue
11subject to terms and conditions, or suspend or revoke, or impose
12probationary conditions upon, a license or registration after a
13hearing as provided in Section 2999.70.

14

begin insert2999.67.end insert  

A plea or verdict of guilty or a conviction following
15a plea of nolo contendere made to a charge which is substantially
16related to the qualifications, functions, and duties of a licensed
17behavior analyst or licensed assistant behavior analyst is deemed
18to be a conviction within the meaning of this article. The board
19may order the license suspended or revoked, or may decline to
20issue a license when the time for appeal has elapsed, the judgment
21of conviction has been affirmed on appeal, or when an order
22granting probation is made suspending the imposition of sentence,
23irrespective of a subsequent order under Section 1203.4 of the
24Penal Code allowing the person to withdraw his or her plea of
25guilty and to enter a plea of not guilty, or setting aside the verdict
26of guilty, or dismissing the accusation, information, or indictment.

27

begin insert2999.68.end insert  

Any person required to register as a sex offender
28pursuant to Section 290 of the Penal Code, is not eligible for
29licensure by the board.

30

begin insert2999.69.end insert  

An administrative disciplinary decision that imposes
31terms of probation may include, among other things, a requirement
32that the licensee who is being placed on probation pay the
33monetary costs associated with monitoring the probation.

34

begin insert2999.70.end insert  

The proceedings under this article shall be conducted
35by the board in accordance with Chapter 5 (commencing with
36Section 11500) of Part 1 of Division 3 of Title 2 of the Government
37Code.

38

begin insert2999.80.end insert  

A person who violates any of the provisions of this
39chapter is guilty of a misdemeanor punishable by imprisonment
40in a county jail not exceeding six months or by a fine not exceeding
P25   1two thousand five hundred dollars ($2,500), or by both that fine
2and imprisonment.

3

begin insert2999.81.end insert  

In addition to other proceedings provided in this
4chapter, whenever any person has engaged, or is about to engage,
5in any acts or practices that constitute, or will constitute, an offense
6against this chapter, the superior court in and for the county
7wherein the acts or practices take place, or are about to take place,
8may issue an injunction or other appropriate order restraining
9that conduct on application of the board, the Attorney General,
10or the district attorney of the county. Proceedings under this
11section shall be governed by Chapter 3 (commencing with Section
12525) of Title 7 of Part 2 of the Code of Civil Procedure, except
13that it shall be presumed that there is no adequate remedy at law
14and that irreparable damage will occur if the continued violation
15is not restrained or enjoined. On the written request of the board,
16or on its own motion, the board may commence an action in the
17superior court under this section.

18 

19Article begin insert5.end insert  Revenue
20

 

21

begin insert2999.90.end insert  

The board shall report each month to the Controller
22the amount and source of all revenue received pursuant to this
23chapter and at the same time deposit the entire amount thereof in
24the State Treasury for credit to the Psychology Fund established
25by Section 2980.

26

begin insert2999.91.end insert  

(a) The moneys credited to the Psychology Fund
27under Section 2999.90 shall, upon appropriation by the
28Legislature, be used for the purposes of carrying out and enforcing
29the provisions of this chapter.

30(b) The board shall keep records that will reasonably ensure
31that funds expended in the administration of each licensing
32category bear a reasonable relation to the revenue derived from
33each category, and shall so notify the department no later than
34May 31 of each year.

35

begin insert2999.93.end insert  

The board shall assess fees for the application for
36and the issuance and renewal of licenses to cover, but not exceed,
37administrative and operating expenses of the board related to this
38chapter. The fees shall be fixed by the board in regulations that
39are duly adopted under this chapter. Fees assessed pursuant to
40this section shall not exceed the following:

P26   1(a) The fee for the application for licensure shall be not more
2than ____ dollars ($____).

3(b) The fee for the law and ethics examination shall be not more
4than ____ dollars ($____).

5(c) The fee for the issuance of a license shall be not more than
6____ dollars ($____).

7(d) The fee for a biennial renewal of a license shall be not more
8than ____ dollars ($____).

9(e) The delinquency fee shall be 50 percent of the biennial
10renewal fee.

11(f) The fee for rescoring an examination shall be twenty dollars
12($20).

13(g) The fee for issuance of a replacement license shall be twenty
14dollars ($20).

15(h) The fee to change a name or address on the board’s records
16shall be twenty dollars ($20).

17(i) The fee for issuance of a certificate or letter of good standing
18shall be twenty-five dollars ($25).

19

begin insert2999.94.end insert  

(a) A person licensed under this chapter is exempt
20from the payment of the renewal fee in any one of the following
21instances:

22(1) While engaged in full-time active service in the Army, Navy,
23Air Force, or Marines.

24(2) While in the United States Public Health Service.

25(3) While a volunteer in the Peace Corps or Vista.

26(b) Every person exempted from the payment of the renewal fee
27by this section shall not engage in any private practice and shall
28become liable for the fee for the current renewal period upon the
29completion of his or her period of full-time active service and shall
30have a period of 60 days after becoming liable within which to
31pay the fee before the delinquency fee becomes applicable. Any
32person who completes his or her period of full-time active service
33within 60 days of the end of a renewal period is exempt from the
34payment of the renewal fee for that period.

35(c) The time spent in that full-time active service or full-time
36training and active service shall not be included in the computation
37of the three-year period for renewal of an expired license specified
38in Section 2999.45.

39(d) The exemption provided by this section shall not be
40applicable if the person engages in any practice for compensation
P27   1other than full-time service in the Army, Navy, Air Force or
2Marines or in the United States Public Health Service or the Peace
3Corps or Vista.

4

begin insert2999.98.end insert  

The licensing and regulatory program under this
5chapter shall be supported from fees assessed to applicants and
6licensees. Startup funds to implement this program shall be derived,
7as a loan, from the reserve fund of the Board of Psychology, subject
8to an appropriation by the Legislature in the annual Budget Act.
9The board shall not implement this chapter until funds have been
10appropriated.

end insert
11begin insert

begin insertSEC. 10.end insert  

end insert
begin insert

No reimbursement is required by this act pursuant
12to Section 6 of Article XIII B of the California Constitution because
13the only costs that may be incurred by a local agency or school
14district will be incurred because this act creates a new crime or
15infraction, eliminates a crime or infraction, or changes the penalty
16for a crime or infraction, within the meaning of Section 17556 of
17the Government Code, or changes the definition of a crime within
18the meaning of Section 6 of Article XIII B of the California
19Constitution.

end insert
begin delete
20

SECTION 1.  

It is the intent of the legislature to enact legislation
21to license and regulate the profession of applied behavioral
22analysis.

end delete


O

    98