Amended in Senate June 2, 2015

Amended in Senate April 6, 2015

Senate BillNo. 479


Introduced by Senator Bates

February 26, 2015


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 repealbegin delete Section 2999.25end deletebegin insert Sections 2999.20, 2999.25, 2999.31, and 2999.33end insert of, the Business and Professions Code, relating to healing arts.

LEGISLATIVE COUNSEL’S DIGEST

SB 479, as amended, Bates. Healing arts: behavior analysis: licensing.

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 of Psychology. 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.

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, thatbegin delete theyend deletebegin insert one of the new members is qualified toend insert practice behavior analysis, as defined.

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.

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 thebegin delete implementation of the act.end deletebegin insert regulation of the practice of behavior analysis in the state.end insert

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

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.

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:

P2    1

SECTION 1.  

Section 27 of the Business and Professions Code
2 is amended to read:

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,
7registered psychologists, behavior analysts, and assistant behavior
8analysts.

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.

18

SEC. 2.  

Section 2920 of the Business and Professions Code is
19amended to read:

20

2920.  

(a) The Board of Psychology shall enforce and
21administer this chapter and Chapter 6.7 (commencing with Section
222999.10). The board shall consist of nine members, four of whom
23shall be public members.

24(b) On and after July 1, 2017, notwithstandingbegin delete paragraphend delete
25begin insert subdivisionend insert (a), the board shall consist of 11 members,begin delete fourend deletebegin insert fiveend insert
26 of whom shall be public members.

27(c) This section shall remain in effect only until January 1, 2017,
28and as of that date is repealed.

29(d) Notwithstanding any other law, the repeal of this section
30renders the board subject to review by the appropriate policy
31committees of the Legislature.

32

SEC. 3.  

Section 2922 of the Business and Professions Code is
33amended to read:

34

2922.  

(a) In appointing the members of the board, except the
35public members, the Governor shall use his or her judgment to
36select psychologists who represent, as widely as possible, the varied
37professional interests of psychologists in California.

38(b) The Governor shall appoint two of the public members and
39the five licensed members of the board qualified as provided in
P6    1Section 2923. The Senate Committee on Rules and the Speaker of
2the Assembly shall each appoint a public member.

3(c) This section shall become inoperative on July 1, 2017, and,
4as of January 1, 2018, is repealed.

5

SEC. 4.  

Section 2922 is added to the Business and Professions
6Code
, to read:

7

2922.  

(a)  In appointing the licensed members of the board,
8the Governor shall use his or her judgment to select psychologists
9and behavior analysts who represent, as widely as possible, the
10varied professional interests of psychologists and behavior analysts
11in California.

12(b) The Governor shall appointbegin delete twoend deletebegin insert threeend insert of the public members
13and thebegin delete sevenend deletebegin insert sixend insert licensed members of the board qualified as
14provided in Section 2923. The Senate Committee on Rules and
15the Speaker of the Assembly shall each appoint a public member.

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

17

SEC. 5.  

Section 2923 of the Business and Professions Code is
18amended to read:

19

2923.  

(a) Each member of the board shall have all of the
20following qualifications:

21(1) He or she shall be a resident of this state.

22(2) Each member appointed, except the public members, shall
23be a licensed psychologist.

24(b) 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(c) This section shall become inoperative on July 1, 2017, and,
28as of January 1, 2018, is repealed.

29

SEC. 6.  

Section 2923 is added to the Business and Professions
30Code
, to read:

31

2923.  

(a) Each member of the board shall be a resident of this
32state.

33(b) Five members of the board shall be licensed as psychologists
34under this chapter.

begin delete

35(c) One member shall be licensed as a psychologist under this
36chapter and shall be qualified to practice behavior analysis, as
37defined in Section 2999.12, as follows:

38(1) For the first appointment after the operative date of this
39section, the member shall hold a certificate as a certified behavior
40analyst from a certifying entity, as defined in Section 2999.12.

P7    1(2) For subsequent appointments, the member shall be licensed
2as a behavior analyst under Chapter 6.7 (commencing with Section
32999.10).

4(d)

end delete

5begin insert(c)end insert One member shall be qualified to practice behavior analysis,
6as defined in Section 2999.12, as follows:

7(1) For the first appointment after the operative date of this
8section, the member shall hold a certificate as a certified behavior
9analyst from a certifying entity, as defined in Section 2999.12.

10(2) For subsequent appointments, the member shall be licensed
11as a behavior analyst under Chapter 6.7 (commencing with Section
122999.10).

begin insert

13(d) One public member appointed by the Governor shall be a
14consumer of behavior analysis services.

end insert

15(e) The public members shall not be licentiates of the board or
16of any board under this division or of any board referred to in the
17Chiropractic Act or the Osteopathic Act.

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

19

SEC. 7.  

Section 2927 of the Business and Professions Code is
20amended to read:

21

2927.  

(a) Five members of the board shall at all times
22constitute a quorum.

23(b) This section shall become inoperative on July 1, 2017, and,
24as of January 1, 2018, is repealed.

25

SEC. 8.  

Section 2927 is added to the Business and Professions
26Code
, to read:

27

2927.  

(a) Six members of the board shall at all times constitute
28a quorum.

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

30

SEC. 9.  

Chapter 6.7 (commencing with Section 2999.10) is
31added to Division 2 of the Business and Professions Code, to read:

32 

33Chapter  6.7. Behavior Analysts
34

34 

35Article 1.  General Provisions
36

 

37

2999.10.  

This chapter shall be known and may be cited as the
38Behavior Analyst Act.

39

2999.11.  

(a) The Legislature finds and declares that the practice
40of behavior analysis in California affects the public health, safety,
P8    1and welfare, and is subject to regulation to protect the public from
2the unauthorized and unqualified practice of behavior analysis,
3and unprofessional,begin delete unethicalend deletebegin insert unethical,end insert or harmful conduct by
4persons licensed to practice behavior analysis.

5(b) It is the intent of the Legislature that the board begin
6accepting applications for behavior analyst licensure and assistant
7behavior analyst licensure no later than January 1, 2018, provided
8that the funds necessary to implement this chapter have been
9appropriated by the Legislature as specified in Section 2999.98.

10

2999.12.  

For purposes of this chapter, the following terms have
11the following meanings:

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

13(b) “Certifying entity” means the Behavior Analyst Certification
14Board or its successor, orbegin delete a nationalend deletebegin insert another national credentialingend insert
15 organization withbegin delete aend delete behavior analyst certificationbegin delete programend delete
16begin insert programsend insert approved by the board and accredited by the National
17Commission for Certifying Agencies.

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

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

20(e) “Licensed assistant behavior analyst” means a person
21licensed under this chapter to practice behavior analysis under the
22supervision of a licensed behavior analyst and who meets the
23requirements of Section 2999.33.

24(f) “Licensed behavior analyst” means a person licensed under
25this chapter to practice behavior analysis and who meets the
26requirements of Section 2999.31.

27(g) (1) “Practice of behavior analysis” or “to practice behavior
28analysis” means the design, implementation, and evaluation of
29instructional and environmental modifications to produce socially
30significant improvements in human behavior and includesbegin delete anyend deletebegin insert allend insert
31 of the following:

32(A) The empirical identification of functional relations between
33behavior and environmental factors, known as functional
34assessment and analysis.

35(B) Interventions based on scientific research and the direct
36observation and measurement of behavior and the environment.

37(C) Utilization of contextual factors, motivating operations,
38antecedent stimuli, positive reinforcement, and other consequences
39to help people develop new behaviors, increase or decrease existing
P9    1behaviors, and emit behaviors under specific environmental
2conditions.

3(2) The practice of behavior analysis does not include
4psychologicalbegin delete testing,end deletebegin insert testing and assessment,end insert diagnosis of a mental
5or physical disorder, neuropsychology, psychotherapy, cognitive
6therapy, sex therapy, psychoanalysis, hypnotherapy, or counseling
7as treatment modalities.

8 

9Article 2.  Administration
10

 

11

2999.20.  

(a) The Board of Psychology is vested with the power
12to administer the provisions and requirements of this chapter, and
13may make and enforce rules and regulations that are reasonably
14necessary to carry out its provisions.

15(b) This section shall remain in effect only until January 1, 2021,
16and as of that date is repealed. Notwithstanding any other law, the
17repeal of this section renders the board subject to review by the
18appropriate policy committees of the Legislature.

19

2999.21.  

Protection of the public shall be the highest priority
20for the board in exercising its licensing, regulatory, and disciplinary
21functions pursuant to this chapter. Whenever the protection of the
22public is inconsistent with other interests sought to be promoted,
23the protection of the public shall be paramount.

24

2999.22.  

begin deleteUpon recommendation of the committee, the end deletebegin insertThe end insert
25board shall adopt, amend, and repeal regulations to implement the
26requirements of this chapter. All regulations adopted by the board
27shall comply with the provisions of Chapter 3.5 (commencing with
28Section 11340) of Part 1 of Division 3 of Title 2 of the Government
29Code.

30

2999.23.  

The board may employ, subject to civil service and
31other laws, employees as may be necessary to carry out the
32provisions of this chapter under the direction of the executive
33officer of the board.

34

2999.24.  

The board shall maintain, and make available to the
35public, a list of all licensees. The board shall make available on
36its Internet Web site information regarding the status of every
37license issued by the board under this chapter pursuant to Section
3827.

39

2999.25.  

(a) The Behavior Analyst Committee is hereby
40created within the jurisdiction of the board tobegin insert make
P10   1recommendations to the board regarding the regulation of the
2practice of behavior analysis in the state in order toend insert
protect the
3public from the unauthorized and unqualified practice of applied
4behavior analysis, and unprofessional, unethical, or harmful
5conduct by persons licensed to practice behavior analysis.

6(b) The committee shall consist of five members. Two members
7shall be licensed behaviorbegin delete analysts.end deletebegin insert analysts, one of which shall
8also be a member of the board.end insert
One member shall be a psychologist
9licensed under Chapter 6.6 (commencing with Section 2900)begin delete who
10is also a member of the Board of Psychologyend delete
and who holds a
11begin delete licenseend deletebegin insert current certification from a certifying entityend insert as a behavior
12analyst. One member shall be a licensed assistant behavior analyst.
13One member shall be a public member who is a consumer of
14behavior analysis services and who is not licensed under this
15chapter, under any chapter within this division, or by any board
16referred to in the Chiropractic Act or the Osteopathic Act.

17(c) The Governor shall appoint one licensed behavior analyst
18member, the licensed psychologist member, and the licensed
19assistant behavior analyst member. The Senate Committee on
20Rules shall appoint the public member, and the Speaker of the
21Assembly shall appoint one licensed behavior analyst member.

22(d) Notwithstanding subdivisions (b) and (c), the initially
23appointed members of the committee shall be appointed as follows:

24(1) The initial members appointed by the Governor shall be as
25follows:

26(A) One member shallbegin delete hold a certificateend deletebegin insert be currently certified
27by a certifying entityend insert
as a certified behavior analystbegin delete from a
28certifying entityend delete
and shall serve an initial term of one year.

29(B) One member shallbegin delete hold a certificateend deletebegin insert be currently certified
30by a certifying entityend insert
as a certified assistant behavior analystbegin delete from
31a certifying entityend delete
and shall serve an initial term of two years.

32(C) One member shall be a licensed psychologist whobegin delete holds a
33certificateend delete
begin insert is currently certified by a certifying entityend insert as a certified
34behavior analystbegin delete from a certifying entityend delete and shall serve an initial
35term of three years.

36(2) The initial member appointed by the Senate Committee on
37Rules shall serve a term of four years.

38(3) The initial member appointed by the Speaker of the
39Assembly shallbegin delete hold a certificateend deletebegin insert be currently certified by a
P11   1certifying entityend insert
as a certified behavior analystbegin delete from a certifying
2entityend delete
and shall serve an initial term of four years.

3(e) Except as provided inbegin delete paragraphend deletebegin insert subdivisionend insert (d), each
4member of the committee shall hold office for a term of four years,
5and shall serve until the appointment of his or her successor or
6until one year has elapsed since the expiration of the term for which
7he or she was appointed, whichever occurs first. Vacancies shall
8be filled by the appointing power for the unexpired portion of the
9terms in which they occur. A member shall not serve for more than
10two consecutive terms.

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

12(g) Each member of the committee shall receive per diem and
13expenses as provided in Sections 103 and 113.

14(h) Three members of the committee shall at all times constitute
15a quorum.

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

17(j) This section shall remain in effect only until January 1, 2021,
18and as of that date is repealed. Notwithstanding any other law, the
19repeal of this section renders the committee subject to review by
20the appropriate policy committees of the Legislature.

21

2999.26.  

The committee shall do all of the following:

22(a) Meet at least once per quarter. All meetings of the committee
23shall be public meetings. Notice of each regular meeting of the
24begin delete boardend deletebegin insert committeeend insert shall be given in accordance with the
25Bagley-Keene Open Meeting Act (Article 9 (commencing with
26Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of
27the Government Code).

28(b) Committee meetings may be called upon reasonable notice
29at the discretion of the chair, and shall be called at any time upon
30reasonable notice by a written request of two committee members
31to the chair.

32(c) The committee shall elect a chair and a vice chair from
33among its members at the first meeting held in each fiscal year.
34The chair shall preside at all meetings of the committee and shall
35work with the executive officer of the board to coordinate the
36committee’s business. If the chair is unable to attend a meeting,
37the vice chair shall preside at the meeting.

38

2999.27.  

(a) The committee may make recommendations to
39the board regarding licensing and practice standards.

P12   1(b) The committee may make recommendations to the board
2regarding the adoption, amendment, and repeal of regulations to
3implement the requirements of this chapter including, but not
4limited to, the setting of fees and the establishment of disciplinary
5begin delete actions.end deletebegin insert standards.end insert

begin delete
6

2999.28.  

Any action taken by the committee under this chapter
7shall only be effective after adoption by majority vote of the
8members of the committee and after adoption by a majority vote
9of the members of the board.
10

end delete

10 

11Article 3.  Licensing
12

 

13

2999.30.  

To qualify for licensure as a licensed behavior analyst
14or a licensed assistant behavior analyst, each applicant shall meet
15the board’s regulatory requirements for behavior analyst or assistant
16behavior analyst licensure, as applicable, including all of the
17following:

18(a) The applicant has not committed acts or crimes constituting
19grounds for denial of licensure under Section 480.

20(b) The board shall not issue a license or registration to any
21person who has been convicted of a crime in this state, or another
22state, or in a territory of the United States that involves sexual
23abuse of a child, or who is required to register pursuant to Section
24290 of the Penal Code or the equivalent in another state or territory.

25(c) The applicant has successfully passed a state and federal
26level criminal offender record information search conducted
27through the Department of Justice, as follows:

begin delete

28(1) The board shall direct applicants to electronically submit to
29the Department of Justice fingerprint images and related
30information required by the Department of Justice for the purpose
31of obtaining information as to the existence and content of a record
32of state and federal level convictions and arrests and information
33as to the existence and content of a record of state or federal level
34arrests for which the Department of Justice establishes that the
35person is free on bail or on his or her own recognizance pending
36trial or appeal.

37(2) The Department of Justice shall forward the fingerprint
38images and related information received pursuant to paragraph (1)
39to the Federal Bureau of Investigation and request a federal
40summary for criminal history information.

P13   1(3) The Department of Justice shall review the information
2returned from the Federal Bureau of Investigation and compile
3and disseminate a response to the board pursuant to paragraph (1)
4of subdivision (p) of Section 11105 of the Penal Code.

5(4)

end delete

6begin insert(1)end insert The board shall request from the Department of Justice
7subsequent arrest notification service, pursuant to Section 11105.2
8of the Penal Code, for each person who submitted information
9pursuant tobegin delete paragraph (1).end deletebegin insert this subdivision.end insert

begin delete

10(5)

end delete

11begin insert(2)end insert The Department of Justice shall charge a fee sufficient to
12cover the cost of processing the request described in this section.

13

2999.31.  

(a) begin deleteTo end deletebegin insertIn order to end insertobtain a license as a behavior
14analyst, an individual shall submit an application on a form
15approved by the board accompanied by the fees required by the
16board as specified in Section 2999.93.

17(b) The board shall verify with the certifying entity that the
18applicant meetsbegin delete allend deletebegin insert bothend insert of the following requirements:

19(1) Has passed the Board Certified Behavior Analyst
20examinationbegin insert or an equivalent examinationend insert administered by the
21begin delete Behavior Analyst Certification Board.end deletebegin insert certifying entity.end insert

22(2) Maintains an active status as a certified behavior analyst
23with the certifying entity.

begin delete

24(3) Is in compliance with all ethical and disciplinary standards
25published by the certifying entity.

end delete

26(c) Each applicant shall obtain a passing score on a California
27law and ethics examination administered by the board.

begin insert

28(d) This section shall become inoperative on July 1, 2018. An
29applicant who submits his or her application prior to July 1, 2018,
30shall be required to meet the requirements of this section to be
31licensed by the board.

end insert
begin insert

32(e) This section shall remain in effect only until January 1, 2019,
33and as of that date is repealed.

end insert
34

2999.32.  

(a) In orderbegin delete for an individual to be licensedend deletebegin insert to obtain
35a licenseend insert
as a behaviorbegin delete analyst under this chapter, he or she shall
36possess a master’s degree or higher level of education from an
37institution, which meets the requirements described in Section
382999.35, that was conferred in behavior analysis or other natural
39science, education, human services, engineering, medicine, or a
40field related to behavior analysis and approved by the certifying
P14   1entity.end delete
begin insert analyst, an individual shall submit an application on a form
2approved by the board accompanied by the fees required by the
3board as specified in Section 2999.93.end insert

begin insert

4(b) An applicant shall maintain active status as a certified
5behavior analyst in good standing with a certifying entity. The
6board shall verify with the certifying entity that the applicant has
7passed the Board Certified Behavior Analyst Examination or an
8equivalent examination administered by the certifying entity.

end insert
begin insert

9(c) Each applicant shall obtain a passing score on a California
10law and ethics examination administered by the board.

end insert
begin insert

11(d) The applicant shall possess a master’s degree or higher
12level of education from an institution, which meets the requirements
13described in Section 2999.35, that was conferred in behavior
14analysis, psychology, or education, or conferred in a degree
15program in which the applicant completed a behavior-analytic
16course sequence approved by the certifying entity.

end insert
begin delete

17(b)

end delete

18begin insert(e)end insert In addition tobegin delete subdivision (a),end deletebegin insert subdivisions (a) through (d),end insert
19 an individual shall meet one of the followingbegin insert paragraphsend insert in order
20to be licensed under this chapter:

21(1) An individual shall have completed both of the following:

22(A) begin deleteCompleted 270 end deletebegin insertTwo hundred seventy end inserthours of classroom
23graduate-level instruction inbegin insert all ofend insert the following content areas:

24(i) Ethical and professional conduct coursework consisting of
2545 hours. The content must be taught in one or more freestanding
26courses devoted to ethical and professional conduct of behavior
27analysts.

28(ii) Concepts and principles of behavior analysis consisting of
2945 hours.

30(iii) Research methods in behavior analysis, consisting of 25
31hours of measurement, including data analysis, and 20 hours of
32experimental design.

33(iv) Applied behavior analysis, consisting of 45 hours of
34fundamental elements of behavior change and specific behavior
35change procedures, 30 hours of identification of the problem and
36assessment, 10 hours of intervention and behavior change
37considerations, 10 hours of behavior change systems, and 10 hours
38of implementation,begin delete managementend deletebegin insert management,end insert and supervision.

39(v) begin deleteDiscretionary end deletebegin insertElective end insertcoursework in behavior analysis
40consisting of 30 hours.

P15   1(B) begin deleteObtained experience end deletebegin insertSupervised experiential training end insertby
2any of the following:

3(i) begin deleteCompleted 1,500 end deletebegin insertOne thousand five hundred end inserthours of
4independent field work in behavior analysis supervised in
5accordance with the requirements of the certifying entity.

6(ii) begin deleteCompleted, with a passing grade, 1,000 end deletebegin insertOne thousand end inserthours
7of supervised practicum in behavior analysis within a university
8practicum approved by the certifyingbegin delete entity andend deletebegin insert entity,end insert taken for
9graduate academicbegin delete credit.end deletebegin insert credit, and completed with a passing
10grade.end insert

11(iii) begin deleteCompleted, with a passing grade, 750 end deletebegin insertSeven hundred fifty end insert
12hours of supervised intensive practicum in behavior analysis within
13a university practicum approved by the certifyingbegin delete entity andend deletebegin insert entity,end insert
14 taken for graduate academicbegin delete credit.end deletebegin insert credit, and completed with a
15passing grade.end insert

16(iv) begin deleteCompleted a end deletebegin insertA end insertcombination of the supervised experience
17in clause (i), (ii), or (iii). Hours may be completed in any
18combination of the categories of supervised experience. Hours
19accrued through a combination of supervised experience shall be
20proportionately calculated.

21(2) An individual shallbegin delete have done both of the following:end deletebegin insert meet
22all of the following requirements:end insert

begin delete

23(A) Completed one academic year as a full-time faculty
24appointment at a college or university, as described in Section
252999.35, during which he or she did all of the following:

26(i) Taught classes on basic principles of behavior, single-subject
27research methods, applications of basic principles of behavior in
28applied settings, and ethical issues.

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

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

31(i) Completed 1,500 hours of independent field work in behavior
32analysis supervised in accordance with the requirements of the
33certifying entity.

34(ii) Completed, with a passing grade, 1,000 hours of supervised
35practicum in behavior analysis within a university practicum
36approved by the certifying entity and taken for graduate academic
37credit.

38(iii) Completed, with a passing grade, 750 hours of supervised
39intensive practicum in behavior analysis within a university
P16   1practicum approved by the certifying entity and taken for graduate
2academic credit.

3(iv) Completed a combination of the supervised experience in
4clause (i), (ii), or (iii). Hours may be completed in any combination
5of the categories of supervised experience. Hours accrued through
6a combination of supervised experience shall be proportionately
7calculated.

end delete
begin insert

8(A) Have a faculty appointment of at least three years,
9cumulatively, of full-time work as a faculty member at a fully
10accredited higher education institution within a five-year period.

end insert
begin insert

11(B) Taught at least five sections or iterations of behavior
12analytic coursework. An applicant shall have taught at least two
13behavior analytic content areas, which are concepts and principles
14of behavior, single-subject research methods, applied behavior
15analysis, and ethics in behavior analysis, in separate courses.
16Each course taught shall have been exclusively or primarily
17devoted to behavior analytic content, and shall have been taught
18at the graduate level. An applicant shall submit proof of completion
19of the faculty appointment and teaching requirements from a
20department head, including the syllabus for each course taught,
21to the board.

end insert
begin insert

22(C) Published one article with all of the following
23characteristics:

end insert
begin insert

24(i) Behavior analytic in nature.

end insert
begin insert

25(ii) Includes at least one experimental evaluation.

end insert
begin insert

26(iii) Published in a high-quality, peer reviewed journal.

end insert
begin insert

27(iv) The applicant is the first, second, or corresponding author.

end insert
begin insert

28(v) The article may have been published at any time during the
29applicant’s career.

end insert
begin insert

30(D) Obtained supervised experiential training by any of the
31following:

end insert
begin insert

32(i) One thousand five hundred hours of independent field work
33in behavior analysis supervised in accordance with the
34requirements of the certifying entity.

end insert
begin insert

35(ii) One thousand hours of supervised practicum in behavior
36analysis within a university practicum approved by the certifying
37entity, taken for graduate academic credit, and completed with a
38passing grade.

end insert
begin insert

39(iii) Seven hundred fifty hours of supervised intensive practicum
40in behavior analysis within a university practicum approved by
P17   1the certifying entity, taken for graduate credit, and completed with
2a passing grade.

end insert
begin insert

3(iv) A combination of the supervised experience in clauses (i),
4(ii), or (iii). Hours may be completed in any combination of the
5categories of supervised experience. Hours accrued through a
6combination of supervised experience shall be proportionately
7calculated.

end insert

8(3) An individual shall havebegin delete bothend deletebegin insert completed allend insert of the following:

begin delete

9(i) A doctoral degree, conferred at least 10 years prior to the
10date of application in the field of behavior analysis, psychology,
11education, or a related field approved by the certifying entity.

end delete
begin insert

12(A) A doctoral degree in behavior analysis, psychology, or
13education from an accredited higher education institution.

end insert
begin delete

14(ii)

end delete

15begin insert(B)end insert Ten years ofbegin delete verified and documentedend delete postdoctoral
16experience practicing behavior analysis.begin insert The duration of practice
17shall be at least 10 years, cumulatively, of full-time practice. An
18applicant’s practice shall have occurred under a relevant state
19professional credential or license.end insert

begin delete

20(c) If an individual is certified by a certifying entity whose
21requirements for initial certification as a certified behavior analyst
22at the time of license application meet or surpass the requirements
23in subdivisions (a) and (b), the applicant for licensure shall be
24deemed to have satisfied the requirements in subdivisions (a) and
25(b).

end delete
begin insert

26(C) At least 500 hours of supplemental supervised experiential
27training that meets current experience standards of the certifying
28entity, commencing after the 10 years of postdoctoral experience
29required in paragraph (b).

end insert
begin insert

30(f) This section shall become operative on July 1, 2018.

end insert
31

2999.33.  

(a) To obtain a license as an assistant behavior
32analyst, an individual shall submit an application on a form
33approved by the board accompanied by the fees required by the
34board as specified in Section 2999.93.

35(b) The board shall verify with the certifying entity that the
36applicant meets all of the following requirements:

37(1) Has passed the Board Certified Assistant Behavior Analyst
38examinationbegin insert or equivalent examinationend insert administered by the
39certifying entity.

P18   1(2) Maintains an active status as a board certified assistant
2behavior analyst with the certifying entity.

begin delete

3(3) Is in compliance with all ethical and disciplinary standards
4published by the certifying entity.

end delete

5(c) Each applicant shall obtain a passing score on a California
6law and ethics examination administered by the board.

7(d) Each applicant shall provide proofbegin insert to the boardend insert of ongoing
8supervision by a licensed behavior analyst in a manner consistent
9with the certifying entity’s requirements for supervision of assistant
10behavior analysts.

begin insert

11(e) This section shall become inoperative on July 1, 2018. An
12applicant who submits his or her application prior to July 1, 2018,
13shall be required to meet the requirements of this section to be
14licensed by the board.

end insert
begin insert

15(f) This section shall remain in effect only until January 1, 2019,
16and as of that date is repealed.

end insert
17

2999.34.  

(a) In order for an individual to be licensed as an
18assistant behavior analyst under this chapter, he or she shall possess
19a baccalaureate degree or higher level of education from an
20institution that meets the requirements described in Section
212999.35.

begin insert

22(b) An applicant shall maintain active status as a certified
23behavior analyst in good standing with a certifying entity. The
24board shall verify with the certifying entity that the applicant has
25passed the Board Certified Behavior Analyst Examination or an
26equivalent examination administered by the certifying entity.

end insert
begin insert

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

end insert
begin insert

29(d) Each applicant shall provide proof to the board of ongoing
30supervision by a licensed behavior analyst in a manner consistent
31with the certifying entity’s requirements for supervision of assistant
32behavior analysts.

end insert
begin delete

33(b)

end delete

34begin insert(e)end insert In addition tobegin delete subdivision (a),end deletebegin insert subdivisions (a) to (d),
35inclusive,end insert
an individual shall meetbegin delete bothend deletebegin insert allend insert of the following
36begin insert requirementsend insert in order to be licensed under this chapter:

begin insert

37(1) Completed a baccalaureate degree or higher level of
38education from an institution that meets the requirements in Section
392999.35.

end insert
begin insert

40(2) An applicant shall meet both of the following:

end insert
begin delete

P19   1(1)

end delete

2begin insert(A)end insert Completed 180 classroom hours of undergraduate or
3graduate level instruction inbegin insert all ofend insert the following content areas:

begin delete

4(A)

end delete

5begin insert(i)end insert Ethical and professional conduct coursework of behavior
6analysis consisting of 15 hours.

begin delete

7(B)

end delete

8begin insert(ii)end insert Concepts and principles of behavior analysis consisting of
945 hours.

begin delete

10(C)

end delete

11begin insert(iii)end insert Research methods in behavior analysis, consisting of 10
12hours of measurement, including data analysis, and five hours of
13experimental design.

begin delete

14(D)

end delete

15begin insert(iv)end insert Applied behavior analysis, consisting of 45 hours of
16fundamental elements of behavior change and specific behavior
17change procedures, 30 hours of identification of the problem and
18assessment, five hours of intervention and behavior change
19considerations, five hours of behavior change systems, and five
20hours of implementation,begin delete managementend deletebegin insert management,end insert and
21supervision.

begin delete

22(E) Discretionary

end delete

23begin insert(v)end insertbegin insertend insertbegin insertElectiveend insert coursework in behavior analysis consisting of 15
24hours.

begin delete

25(2) Obtained experience

end delete

26begin insert(B)end insertbegin insertend insertbegin insertObtained supervised experiential trainingend insert by any of the
27following:

begin delete

28(A) Completed 1,000

end delete

29begin insert(i)end insertbegin insertend insertbegin insertOne thousandend insert hours of independent field work in behavior
30analysis supervised in accordance with the requirements of the
31certifyingbegin delete entity.end deletebegin insert entity, taken for academic credit, and completed
32with a passing grade.end insert

begin delete

33(B) Completed, with a passing grade, 670

end delete

34begin insert(ii)end insertbegin insertend insertbegin insertSix hundred seventyend insert hours of supervised practicum in
35behavior analysis within a university practicum approved by the
36certifyingbegin delete entity andend deletebegin insert entity,end insert taken for academicbegin delete credit.end deletebegin insert credit, and
37completed with a passing grade.end insert

begin delete

38(C) Completed, with a passing grade, 500

end delete

39begin insert(iii)end insertbegin insertend insertbegin insertFive hundredend insert hours of supervised intensive practicum in
40behavior analysis within a university practicum approved by the
P20   1certifyingbegin delete entity andend deletebegin insert entity,end insert taken for academicbegin delete credit.end deletebegin insert credit, and
2completed with a passing grade.end insert

begin delete

3(D) Completed a

end delete

4begin insert(iv)end insertbegin insertend insertbegin insertAend insert combination of the supervised experience inbegin delete paragraph
5(A), (B), or (C).end delete
begin insert clause (i), (ii), or (iii).end insert Hours may be completed
6in any combination of the categories of supervised experience.
7Hours accrued through a combination of supervised experience
8shall be proportionately calculated.

begin delete

9(c) If an individual is certified by a certifying entity whose
10requirements for initial certification as a certified assistant behavior
11analyst at the time of license application meet or surpass the
12requirements in subdivisions (a) and (b), the applicant for licensure
13shall be deemed to have satisfied the requirements in subdivisions
14(a) and (b).

end delete
begin insert

15(f) This section shall become operative on July 1, 2018.

end insert
16

2999.35.  

The education required to obtain a behavior analyst
17license or an assistant behavior analyst license shall be from any
18of the following:

19(a) A United States institution of higher education listed by the
20Council for Higher Education Accreditation.

21(b) A Canadian institution of higher education that is a member
22of the Association of Universities and Colleges of Canada or the
23Association of Canadian Community Colleges.

begin delete

24(c) An institution of higher education located outside the United
25States or Canada that, at the time the applicant was enrolled and
26at the time the applicant graduated, maintained a standard of
27training equivalent to the standards of training of those institutions
28accredited in the United States as demonstrated by a member of
29the National Association of Credential Evaluation Services.

end delete
begin insert

30(c) An applicant for licensure trained in an educational
31institution outside the United States or Canada shall demonstrate
32to the satisfaction of the board that he or she possesses a doctorate
33degree in a relevant subject that is equivalent to a degree earned
34from a regionally accredited university in the United States or
35Canada. Such an applicant shall provide to the board a
36comprehensive evaluation of the degree performed by a foreign
37credential service that is a member of the National Association of
38Credential Evaluation Services (NACES), and any other
39 documentation that the board deems necessary.

end insert
P21   1

2999.36.  

On and afterbegin delete Januaryend deletebegin insert Julyend insert 1, 2018, it shall be unlawful
2for any person to engage in any of the following acts:

3(a) Engage in the practice of behavior analysis, as defined in
4Section 2999.12 , without first having complied with the provisions
5of this chapter and without holding a current, valid, and active
6license as required by this chapter.

7(b) Represent himself or herself by the title “licensed behavior
8analyst,” or “licensed assistant behavior analyst” without being
9duly licensed according to the provisions of this chapter.

10(c) Make any use of any title, words, letters, or abbreviations
11that may reasonably be confused with a designation provided by
12this chapter to denote a standard of professional or occupational
13competence without being duly licensed.

14(d) Materially refuse to furnish the board information or records
15required or requested pursuant to this chapter.

16

2999.37.  

This chapter does not apply to any of the following:

17(a) An individual licensed to practice psychology in this state
18under Chapter 6.6 (commencing with Section 2900), if the practice
19of behavior analysis engaged in by the licensed psychologist is
20within the licensed psychologist’s training and competence.

21(b) begin deleteAn end deletebegin insertA speech-language pathologist or an audiologist licensed
22under Chapter 5.3 (commencing with Section 2530), an end insert

23occupational therapist licensed under Chapter 5.6 (commencing
24 with Section 2570), a physical therapist licensed under Chapter
255.7 (commencing with Section 2600), a marriage and family
26therapist licensed under Chapter 13 (commencing with Section
27begin delete 4980) orend deletebegin insert 4980),end insert an educational psychologist licensed under Chapter
2813.5 (commencing with Sectionbegin delete 4980.10) actingend deletebegin insert 4980.10), a
29clinical social worker licensed under Chapter 14 (commencing
30with Section 4990.1), or a professional clinical counselor licensed
31under Chapter 16 (commencing with Section 4999.10) if the
32behavior analysis engaged in by those licensees isend insert
within his or
33her licensed scope of practice and within the scope of his or her
34training and competence, provided that he or she does not represent
35himself or herself as a licensed behavior analyst or licensed
36assistant behavior analyst.

37(c) An individual, including a paraprofessional technician,
38begin insert student, or postdoctoral traineeend insert acting under the authority and
39direction of a licensed behavior analyst, a licensed assistant
P22   1behavior analyst, or an individual described inbegin delete paragraphend delete
2begin insert subdivisionend insert (a) or (b).

3(d) A family member of a recipient of behavior analysis services
4who acts under the extended authority and direction of a licensed
5behavior analyst or a licensed assistant behavior analyst.

6(e) A matriculated college or university student who practices
7behavior analysis as a part of a defined program of study, course,
8practicum, internship, or postdoctoralbegin delete fellowship,end deletebegin insert trainee,end insert provided
9that the behavior analysis activities are directly supervised by a
10licensed behaviorbegin delete analystend deletebegin insert analyst, a licensed psychologist,end insert or by
11an instructor in a course sequence approved by the certifying entity.

12(f) An unlicensed individual pursuing supervised experience in
13behavior analysis consistent with the experience requirements of
14the certifying entity, provided such experience is supervised in
15accordance with the requirements of the certifying entity.

16(g) An individual who teaches behavior analysis or conducts
17behavior analytic research, provided that such teaching or research
18does not involve the direct delivery of behavior analysis services.

19(h) A behavior analyst licensed in another state or certified by
20the certifying entity to practice independently, and who temporarily
21provides behavior analysis services in California during a period
22of not more than 90 days in a calendar year.

23(i) An individual who is vendorized by one or more regional
24centers of thebegin delete Californiaend deletebegin insert Stateend insert Department of Developmental
25Services while practicing behavior analysis services authorized
26under that vendorization. That individual shall not represent himself
27or herself as a licensed behavior analyst or licensed assistant
28behavior analyst unless he or she holds a license under this chapter,
29and shall not offer behavior analysis services to any person or
30entity other than the regional centers with which he or she is
31vendorized or accept remuneration for providing behavior analysis
32services other than the remuneration received from those regional
33centers.

34(j) An individual employed by a school board performing the
35duties of his or her position, provided that he or she shall only
36offer behavior analysis services within the scope of that
37employment by the school board.

begin delete
38

2999.40.  

(a) The board shall issue a license to a person who
39is licensed as a behavior analyst or an assistant behavior analyst
40in another state, if that state currently imposes comparable licensure
P23   1requirements as those required by this state and if that state offers
2reciprocity to individuals licensed under this chapter. Applicants
3for a license under reciprocity shall submit an application on a
4form approved by the board accompanied by the fees required by
5the board as specified in Section 2999.93. Each applicant shall
6complete any other eligibility requirements established by the
7board, including, but not limited to, the criminal background check
8required by Section 2999.30.

9(b) The board shall verify that the applicant meets all of the
10 following:

11(1) Holds an active license as a licensed behavior analyst or
12licensed assistant behavior analyst in another state.

13(2) Is not subject to any disciplinary action by another state or
14certifying entity.

15(3) Maintains an active status as board certified behavior analyst
16or board certified assistant behavior analyst with the certifying
17entity.

18(4) Is in compliance with all ethical and disciplinary standards
19published by the certifying entity.

20(c) Each applicant shall obtain a passing score on a California
21law and ethics examination administered by the board.

end delete
22

2999.41.  

A licensee shall give written notice to the board of a
23name change within 30 days after each change, giving both the
24old and new names. A copy of the legal document authorizing the
25name change, such as a court order or marriage certificate, shall
26be submitted with the notice.

27

2999.44.  

(a) A license shall expire and become invalid two
28years after it is issued at 12 midnight on the last day of the month
29in which it was issued, if not renewed.

30(b) To renew an unexpired license, the licensee shall, on or
31before the date on which it would otherwise expire, apply for
32renewal on a form provided by the board, accompanied by the
33renewal fee set by the board. The board shall obtain verification
34from the certifying entity that the renewal applicant maintains an
35active certification status with the certifying entity.

36(c) To renew an assistant behavior analyst license, in addition
37to the requirements inbegin delete paragraphend deletebegin insert subdivisionend insert (b), the licensee shall
38submit proof of ongoing supervision by a licensed behavior analyst
39in a manner consistent with thebegin delete certifying entity’send deletebegin insert board’send insert
40 requirements for supervision of assistant behavior analysts.

P24   1

2999.45.  

(a) A license that has expired may be renewed at any
2time within three years after its expiration by applying for renewal
3on a form provided by the board, payment of all accrued and unpaid
4renewal fees, and the delinquency fee specified in Section 2999.93.
5The board shall obtain verification from the certifying entity of
6the licensee’s active certification status with the certifying entity.

7(b) Except as provided in Section 2999.46, a license that is not
8renewed within three years of its expiration shall not be renewed,
9restored, or reinstated, and the license shall be canceled
10immediately upon expiration of the three year-period.

11

2999.46.  

(a) A suspended license is subject to expiration and
12shall be renewed as provided in this article, but such renewal does
13not entitle the licensee, while the license remains suspended, and
14until it is reinstated, to engage in the licensed activity or in any
15other activity or conduct in violation of the order or judgment by
16which the license was suspended.

17(b) A license revoked on disciplinary grounds is subject to
18expiration as provided in this article, but it may not be renewed.
19If it is reinstated after its expiration, the licensee, as a condition
20of reinstatement, shall pay a reinstatement fee in an amount equal
21to the renewal fee, plus the delinquencybegin delete feeend deletebegin insert fee,end insert and any fees
22accrued at the time of its revocation.

23 

24Article 4.  Enforcement
25

 

26

2999.60.  

The board may on its own, and shall, upon the receipt
27of a complaint from any person, investigate the actions of any
28licensee. The board shall review a licensee’s alleged violation of
29statute, regulation, or any other law and any other complaint
30referred to it by the public, a public agency, or the department,
31and may upon a finding of a violation take disciplinary action
32under this article.

33

2999.61.  

A license issued under this chapter may be denied,
34revoked, or otherwise sanctioned upon demonstration of
35ineligibility for licensure, including, but not limited to, failure to
36maintain active certification by the certifying entity or falsification
37of documentation submitted to the board for licensure or submitted
38to the certifying authority for certification.

39

2999.62.  

The board may deny a license application, may issue
40a license with terms and conditions, may suspend or revoke a
P25   1license, or may place a license on probation if the applicant or
2licensee has been guilty of unprofessional conduct. Unprofessional
3conduct shall include, but not be limited to:

4(a) Conviction of a crime substantially related to the
5qualifications, functions, or duties of a licensed behavior analyst
6or a licensed assistant behavior analyst.

7(b) Use of any controlled substance as defined in Division 10
8(commencing with Section 11000) of the Health and Safety Code,
9dangerous drug, or any alcoholic beverage to an extent or in a
10manner dangerous to himself or herself, any other person, or the
11public, or to an extent that this use impairs his or her ability to
12safely perform the practice of behavior analysis.

13(c) Fraudulently or neglectfully misrepresenting the type or
14status of a license actually held.

15(d) Impersonating another person holding a license or allowing
16another person to use his or her license.

17(e) Use of fraud or deception in applying for a license or in
18passing any examination required by this chapter.

19(f) Paying, offering to pay, accepting, or soliciting any
20consideration, compensation, or remuneration, whether monetary
21or otherwise, for the referral of clients.

22(g) Violating Section 17500.

23(h) Willful, unauthorized communication of information
24received in professional confidence.

25(i) Violating any rule of professional conduct promulgated by
26the board and set forth in regulations duly adopted under this
27chapter.

28(j) Being grossly negligent in the practice of his or her
29profession.

30(k) Violating any of the provisions of this chapter or regulations
31duly adopted thereunder.

32(l) The aiding or abetting of any person to engage in the unlawful
33practice of behavior analysis.

34(m) The suspension, revocation, or imposition of probationary
35conditions or other disciplinary action by another state or country
36of a license, certificate, or registration to practice behavior analysis
37issued by that state or country to a person also holding a license
38issued under this chapter if the act for which the disciplinary action
39was taken constitutes a violation of this section. A certified copy
P26   1of the decision or judgment of the other state or country shall be
2conclusive evidence of that action.

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

4(o) Any act of sexual abuse or sexual relations with a patient or
5former patient within two years following termination of therapy,
6or sexual misconduct that isbegin delete substantiallyend delete related to the
7qualifications, functions, or duties of a licensed behavior analyst
8or a licensed assistant behavior analyst.

9(p) Functioning outside of his or her particular field or fields of
10competence as established by his or her education, training, and
11experience.

12(q) Willful failure to submit, on behalf of an applicant for
13licensure, verification of supervised experience to the board.

14(r) Repeated acts of negligence.

15(s) Failure to comply with all ethical and disciplinary standards
16published by the certifying entity.

17

2999.63.  

(a) Except as provided in subdivisions (b), (c), and
18(e), any accusation filed against a licensee pursuant to Section
1911503 of the Government Code shall be filed within three years
20from the date the board discovers the alleged act or omission that
21is the basis for disciplinary action, or within seven years from the
22date the alleged act or omission that is the basis for disciplinary
23action occurred, whichever occurs first.

24(b) An accusation filed against a licensee pursuant to Section
2511503 of the Government Code alleging the procurement of a
26license by fraud or misrepresentation is not subject to the
27limitations set forth in subdivision (a).

28(c) The limitation provided for by subdivision (a) shall be tolled
29for the length of time required to obtain compliance when a report
30required to be filed by the licensee or registrant with the board
31pursuant to Article 11 (commencing with Section 800) of Chapter
321 is not filed in a timely fashion.

33(d) If an alleged act or omission involves a minor, the seven-year
34limitations period provided for by subdivision (a) and the 10-year
35limitations period provided for by subdivision (e) shall be tolled
36until the minor reaches the age of majority.

37(e) An accusation filed against a licensee pursuant to Section
3811503 of the Government Code alleging sexual misconduct shall
39be filed within three years after the board discovers the act or
40 omission alleged as the ground for disciplinary action, or within
P27   110 years after the act or omission alleged as the ground for
2disciplinary action occurs, whichever occurs first.

3(f) The limitations period provided by subdivision (a) shall be
4tolled during any period if material evidence necessary for
5prosecuting or determining whether a disciplinary action would
6be appropriate is unavailable to the board due to an ongoing
7criminal investigation.

8

2999.64.  

Notwithstanding Section 2999.62, any proposed
9decision orbegin delete decisionend deletebegin insert decisionsend insert issued under this chapter in
10accordance with the procedures set forth in Chapter 5 (commencing
11with Section 11500) of Part 1 of Division 3 of Title 2 of the
12Government Code that contains any finding of fact that the licensee
13engaged in any act of sexual contact, as defined in Section 728,
14when that act is with a patient, or with a former patient, within two
15years following termination of services, shall contain an order of
16revocation. The revocation shall not be stayed by the administrative
17law judge.

18

2999.66.  

The board may deny an application for, or issue
19subject to terms and conditions, or suspend or revoke, or impose
20probationary conditions upon, a license or registration after a
21hearing as provided in Section 2999.70.

22

2999.67.  

A plea or verdict of guilty or a conviction following
23a plea of nolo contendere made to a charge which is substantially
24related to the qualifications, functions, and duties of a licensed
25behavior analyst or licensed assistant behavior analyst is deemed
26to be a conviction within the meaning of this article. The board
27may order the license suspended or revoked, or may decline to
28issue a license when the time for appeal has elapsed, the judgment
29of conviction has been affirmed on appeal, or when an order
30granting probation is made suspending the imposition of sentence,
31irrespective of a subsequent order under Section 1203.4 of the
32Penal Code allowing the person to withdraw his or her plea of
33guilty and to enter a plea of not guilty, or setting aside the verdict
34of guilty, or dismissing the accusation, information, or indictment.

35

2999.68.  

Any person required to register as a sex offender
36pursuant to Section 290 of the Penal Code, is not eligible for
37licensure by the board.

38

2999.69.  

An administrative disciplinary decision that imposes
39terms of probation may include, among other things, a requirement
P28   1that the licensee who is being placed on probation pay the monetary
2costs associated with monitoring the probation.

3

2999.70.  

The proceedings under this article shall be conducted
4by the board in accordance with Chapter 5 (commencing with
5Section 11500) of Part 1 of Division 3 of Title 2 of the Government
6Code.

7

2999.80.  

A person who violates any of the provisions of this
8chapter is guilty of a misdemeanor punishable by imprisonment
9in a county jail not exceeding six months or by a fine not exceeding
10two thousand five hundred dollars ($2,500), or by both that fine
11and imprisonment.

12

2999.81.  

In addition to other proceedings provided in this
13chapter, whenever any person has engaged, or is about to engage,
14in any acts or practices that constitute, or will constitute, an offense
15against this chapter, the superior court in and for the county
16wherein the acts or practices take place, or are about to take place,
17may issue an injunction or other appropriate order restraining that
18conduct on application of the board, the Attorney General, or the
19district attorney of the county. Proceedings under this section shall
20be governed by Chapter 3 (commencing with Section 525) of Title
217 of Part 2 of the Code of Civil Procedure, except that it shall be
22presumed that there is no adequate remedy at law and that
23irreparable damage will occur if the continued violation is not
24restrained or enjoined. On the written request of the board, or on
25its own motion, the board may commence an action in the superior
26court under this section.

27 

28Article 5.  Revenue
29

 

30

2999.90.  

The board shall report each month to the Controller
31the amount and source of all revenue received pursuant to this
32chapter and at the same time deposit the entire amount thereof in
33the State Treasury for credit to the Psychology Fund established
34by Section 2980.

35

2999.91.  

(a) The moneys credited to the Psychology Fund
36under Section 2999.90 shall, upon appropriation by the Legislature,
37be used for the purposes of carrying out and enforcing the
38provisions of this chapter.

39(b) The board shall keep records that will reasonably ensure
40that funds expended in the administration of each licensing
P29   1category bear a reasonable relation to the revenue derived from
2each category, and shall so notify the department no later than
3May 31 of each year.

4

2999.93.  

The board shallbegin delete assessend deletebegin insert establishend insert fees for the
5application for and the issuance and renewal of licenses to cover,
6but not exceed,begin delete administrative and operating expensesend deletebegin insert the
7reasonable regulatory costsend insert
of the board related tobegin insert administeringend insert
8 this chapter. The fees shall be fixed by the board in regulations
9that are duly adopted under this chapter. Fees assessed pursuant
10to this section shall not exceed the following:

begin delete

11(a) The fee for the application for licensure shall be not more
12than ____ dollars ($____).

13(b) The fee for the law and ethics examination shall be not more
14than ____ dollars ($____).

15(c) The fee for the issuance of a license shall be not more than
16____ dollars ($____).

17(d) The fee for a biennial renewal of a license shall be not more
18than ____ dollars ($____).

19(e)

end delete

20begin insert(a)end insert The delinquency fee shall be 50 percent of the biennial
21renewal fee.

begin delete

22(f)

end delete

23begin insert(b)end insert The fee for rescoring an examination shall be twenty dollars
24($20).

begin delete

25(g)

end delete

26begin insert(c)end insert The fee for issuance of a replacement license shall be twenty
27dollars ($20).

begin delete

28(h) The fee to change a name or address on the board’s records
29shall be twenty dollars ($20).

end delete
begin delete

30(i)

end delete

31begin insert(d)end insert The fee for issuance of a certificate or letter of good standing
32shall be twenty-five dollars ($25).

33

2999.94.  

(a) A person licensed under this chapter is exempt
34from the payment of the renewal fee in any one of the following
35instances:

36(1) While engaged in full-time active service in thebegin insert United Statesend insert
37 Army, Navy, Air Force, orbegin delete Marines.end deletebegin insert Marine Corps.end insert

38(2) While in the United States Public Health Service.

39(3) While a volunteer in the Peace Corps orbegin delete Vista.end deletebegin insert AmeriCorps
40VISTA.end insert

P30   1(b) Every person exempted from the payment of the renewal
2fee by this section shall not engage in any private practice and
3shall become liable for the fee for the current renewal period upon
4the completion of his or her period of full-time active service and
5shall have a period of 60 days after becoming liable within which
6to pay the fee before the delinquency fee becomes applicable. Any
7person who completes his or her period of full-time active service
8within 60 days of the end of a renewal period is exempt from the
9payment of the renewal fee for that period.

10(c) The time spent in that full-time active service or full-time
11training and active service shall not be included in the computation
12of the three-year period for renewal of an expired license specified
13in Section 2999.45.

14(d) The exemption provided by this section shall not be
15applicable if the person engages in any practice for compensation
16other than full-time service in thebegin insert United Statesend insert Army, Navy, Air
17Force orbegin delete Marines orend deletebegin insert Marine Corps,end insert in the United States Public
18Healthbegin delete Serviceend deletebegin insert Service,end insert or the Peace Corps orbegin delete Vista.end deletebegin insert AmeriCorps
19VISTA.end insert

20

2999.98.  

The licensing and regulatory program under this
21chapter shall be supported from fees assessed to applicants and
22licensees. Startup funds to implement this program shall be derived,
23as a loan, from thebegin delete reserve fund of the Board of Psychology,end delete
24begin insert Psychology Fund,end insert subject to an appropriation by the Legislature
25in the annual Budget Act. The board shall not implement this
26chapter until funds have been appropriated.

27

SEC. 10.  

No reimbursement is required by this act pursuant to
28Section 6 of Article XIII B of the California Constitution because
29the only costs that may be incurred by a local agency or school
30district will be incurred because this act creates a new crime or
31infraction, eliminates a crime or infraction, or changes the penalty
32for a crime or infraction, within the meaning of Section 17556 of
33the Government Code, or changes the definition of a crime within
34the meaning of Section 6 of Article XIII B of the California
35Constitution.



O

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