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, that one of the new members is qualified to 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 requirebegin insert theseend insert applicants to, among other things, meet certain educational and training requirements, and submit fingerprints for both a state and federal criminal background check.begin insert The bill would provide that those licenses expire 2 years after the date of issuance and would authorize the renewal of unexpired licenses if certain requirements are met, including the completion of specified continuing education. The bill would also require an applicant to certify, under penalty of perjury, that he or she is in compliance with that continuing education requirement. By expanding the crime of perjury, the bill would impose a state-mandated local program.end insert
begin insertThis bill would also require a paraprofessional technician, as defined, who practices under the supervision of a licensed behavior analyst or a licensed assistant behavior analyst, to submit, among other things, an application subject to board approval, fingerprints for a state and federal criminal background check, and payment of an annual application fee.
end insertThis 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 regulation of the practice of behavior analysis in the state.
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 July 1, 2018, would make it unlawful to, among other things, practice behavior analysis without being licensed by the board, except as specified.
begin insertThis bill would make a licensee and health care facility, as defined, that fails or refuses to comply with an authorized client request or court order for the medical records of a client subject to a specified civil penalty, except as specified. The bill would also make a licensee or health care facility with multiple violations of those court orders subject to a crime. By creating a new crime, the bill would impose a state-mandated local program.
end insertThis 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:
Section 27 of the Business and Professions Code
2 is amended to read:
(a) Each entity specified in subdivisions (c), (d), and (e)
4shall provide on the Internet information regarding the status of
5every license issued by that entity in accordance with the California
6Public Records Act (Chapter 3.5 (commencing with Section 6250)
7of Division 7 of Title 1 of the Government Code) and the
8Information Practices Act of 1977 (Chapter 1 (commencing with
9Section 1798) of Title 1.8 of Part 4 of Division 3 of the Civil Code).
10The public information to be provided on the Internet shall include
11information on suspensions and revocations of licenses issued by
12the entity and other related enforcement action, including
13accusations filed pursuant to the Administrative Procedure Act
14(Chapter 3.5 (commencing with Section 11340) of Part 1 of
15Division 3 of Title 2 of the Government Code) taken by the entity
16relative to
persons, businesses, or facilities subject to licensure or
17regulation by the entity. The information may not include personal
18information, including home telephone number, date of birth, or
19social security number. Each entity shall disclose a licensee’s
20address of record. However, each entity shall allow a licensee to
21provide a post office box number or other alternate address, instead
22of his or her home address, as the address of record. This section
P4 1shall not preclude an entity from also requiring a licensee, who
2has provided a post office box number or other alternative mailing
3address as his or her address of record, to provide a physical
4business address or residence address only for the entity’s internal
5administrative use and not for disclosure as the licensee’s address
6of record or disclosure on the Internet.
7(b) In providing information on the Internet, each entity specified
8in subdivisions (c) and (d) shall comply with the Department
of
9Consumer Affairs’ guidelines for access to public records.
10(c) Each of the following entities within the Department of
11Consumer Affairs shall comply with the requirements of this
12section:
13(1) The Board for Professional Engineers, Land Surveyors, and
14Geologists shall disclose information on its registrants and
15licensees.
16(2) The Bureau of Automotive Repair shall disclose information
17on its licensees, including auto repair dealers, smog stations, lamp
18and brake stations, smog check technicians, and smog inspection
19certification stations.
20(3) The Bureau of Electronic and Appliance Repair, Home
21Furnishings, and Thermal Insulation shall disclose information on
22its licensees and registrants, including major appliance repair
23dealers, combination dealers
(electronic and appliance), electronic
24repair dealers, service contract sellers, and service contract
25administrators.
26(4) The Cemetery and Funeral Bureau shall disclose information
27on its licensees, including cemetery brokers, cemetery salespersons,
28cemetery managers, crematory managers, cemetery authorities,
29crematories, cremated remains disposers, embalmers, funeral
30establishments, and funeral directors.
31(5) The Professional Fiduciaries Bureau shall disclose
32information on its licensees.
33(6) The Contractors’ State License Board shall disclose
34information on its licensees and registrants in accordance with
35Chapter 9 (commencing with Section 7000) of Division 3. In
36addition to information related to licenses as specified in
37subdivision (a), the board shall also disclose information provided
38to the board by the Labor
Commissioner pursuant to Section 98.9
39of the Labor Code.
P5 1(7) The Bureau for Private Postsecondary Education shall
2disclose information on private postsecondary institutions under
3its jurisdiction, including disclosure of notices to comply issued
4pursuant to Section 94935 of the Education Code.
5(8) The California Board of Accountancy shall disclose
6information on its licensees and registrants.
7(9) The California Architects Board shall disclose information
8on its licensees, including architects and landscape architects.
9(10) The State Athletic Commission shall disclose information
10on its licensees and registrants.
11(11) The State Board of Barbering and Cosmetology shall
12disclose information
on its licensees.
13(12) The State Board of Guide Dogs for the Blind shall disclose
14information on its licensees and registrants.
15(13) The Acupuncture Board shall disclose information on its
16licensees.
17(14) The Board of Behavioral Sciences shall disclose
18information on its licensees, including licensed marriage and family
19therapists, licensed clinical social workers, licensed educational
20psychologists, and licensed professional clinical counselors.
21(15) The Dental Board of California shall disclose information
22on its licensees.
23(16) The State Board of Optometry shall disclose information
24regarding certificates of registration to practice optometry,
25statements of licensure, optometric
corporation registrations, branch
26office licenses, and fictitious name permits of its licensees.
27(17) The Board of Psychology shall disclose information on its
28licensees, including psychologists, psychological assistants,
29registered psychologists, behavior analysts, and assistant behavior
30analysts.
31(d) The State Board of Chiropractic Examiners shall disclose
32information on its licensees.
33(e) The Structural Pest Control Board shall disclose information
34on its licensees, including applicators, field representatives, and
35operators in the areas of fumigation, general pest and wood
36destroying pests and organisms, and wood roof cleaning and
37treatment.
38(f) “Internet” for the purposes of this section has the meaning
39set forth in paragraph (6) of subdivision (f)
of Section 17538.
Section 2920 of the Business and Professions Code is
2amended to read:
(a) The Board of Psychology shall enforce and
4administer this chapter and Chapter 6.7 (commencing with Section
52999.10). The board shall consist ofbegin delete nineend deletebegin insert 9end insert members,begin delete fourend deletebegin insert 4end insert of
6whom shall be public members.
7(b) On and after July 1, 2017, notwithstanding subdivision (a),
8the board shall consist of 11 members,begin delete fiveend deletebegin insert
5end insert of whom shall be
9public members.
10(c) This section shall remain in effect only until January 1, 2017,
11and as of that date is repealed.
12(d) Notwithstanding any other law, the repeal of this section
13renders the board subject to review by the appropriate policy
14committees of the Legislature.
Section 2922 of the Business and Professions Code is
16amended to read:
(a) In appointing the members of the board, except the
18public members, the Governor shall use his or her judgment to
19select psychologists who represent, as widely as possible, the varied
20professional interests of psychologists in California.
21(b) The Governor shall appoint two of the public members and
22the five licensed members of the board qualified as provided in
23Section 2923. The Senate Committee on Rules and the Speaker of
24the Assembly shall each appoint a public member.
25(c) This section shall become inoperative on July 1, 2017, and,
26as of January 1, 2018, is repealed.
Section 2922 is added to the Business and Professions
28Code, to read:
(a) In appointing the licensed members of the board,
30the Governor shall use his or her judgment to select psychologists
31and behavior analysts who represent, as widely as possible, the
32varied professional interests of psychologists and behavior analysts
33in California.
34(b) The Governor shall appoint three of the public members and
35the six licensed members of the board qualified as provided in
36Section 2923. The Senate Committee on Rules and the Speaker of
37the Assembly shall each appoint a public member.
38(c) This section shall become operative on July 1, 2017.
Section 2923 of the Business and Professions Code is
40amended to read:
(a) Each member of the board shall have all of the
2following qualifications:
3(1) He or she shall be a resident of this state.
4(2) Each member appointed, except the public members, shall
5be a licensed psychologist.
6(b) The public members shall not be licentiates of the board or
7of any board under this division or of any board referred to in the
8Chiropractic Act or the Osteopathic Act.
9(c) This section shall become inoperative on July 1, 2017, and,
10as of January 1, 2018, is repealed.
Section 2923 is added to the Business and Professions
12Code, to read:
(a) Each member of the board shall be a resident of this
14state.
15(b) Five members of the board shall be licensed as psychologists
16under this chapter.
17(c) One member shall be qualified to practice behavior analysis,
18as defined in Section 2999.12, as follows:
19(1) For the first appointment after the operative date of this
20section, the member shall hold a certificate as a certified behavior
21analyst from a certifying entity, as defined in Section 2999.12.
22(2) For subsequent appointments, the member shall be licensed
23as a behavior analyst under Chapter 6.7
(commencing with Section
242999.10).
25(d) One public member appointed by the Governor shall be a
26consumer of behavior analysis services.
27(e)
end delete
28begin insert(d)end insert The public members shall not be licentiates of the board or
29of any board under this division or of any board referred to in the
30Chiropractic Act or the Osteopathic Act.
31(f)
end delete32begin insert(e)end insert This section shall become operative on July 1, 2017.
Section 2927 of the Business and Professions Code is
34amended to read:
(a) Five members of the board shall at all times
36constitute a quorum.
37(b) This section shall become inoperative on July 1, 2017, and,
38as of January 1, 2018, is repealed.
Section 2927 is added to the Business and Professions
40Code, to read:
(a) Six members of the board shall at all times constitute
2a quorum.
3(b) This section shall become operative on July 1, 2017.
Chapter 6.7 (commencing with Section 2999.10) is
5added to Division 2 of the Business and Professions Code, to read:
6
8
This chapter shall be known and may be cited as the
12Behavior Analyst Act.
(a) The Legislature finds and declares that the practice
14of behavior analysis in California affects the public health, safety,
15and welfare, and is subject to regulation to protect the public from
16the unauthorized and unqualified practice of behavior analysis,
17and unprofessional, unethical, or harmful conduct by persons
18licensed to practice behavior analysis.
19(b) It is the intent of the Legislature that the board begin
20accepting applications for behavior analyst licensure and assistant
21behavior analyst licensure no later than January 1, 2018, provided
22that the funds necessary to implement this chapter have been
23appropriated by the Legislature as specified in Section 2999.98.
For purposes of this chapter, the following terms have
25the following meanings:
26(a) “Board” means the Board of Psychology.
27(b) “Certifying entity” means the Behavior Analyst Certification
28Board or its successor, or another national credentialing
29organization with behavior analyst certification programs approved
30by the board and accredited by the National Commission for
31Certifying Agencies.
32(c) “Committee” means the Behavior Analyst Committee.
33(d) “Department” means the Department of Consumer Affairs.
34(e) “Licensed assistant behavior analyst” means a person
35licensed under this chapter to practice behavior analysis under the
36supervision of a licensed behaviorbegin delete analyst and who meets the begin insert analyst.end insert
37requirements of Section 2999.33.end delete
38(f) “Licensed behavior analyst” means a person licensed under
39this chapter to practice behaviorbegin delete analysis and who meets the begin insert analysis.end insert
40requirements of Section 2999.31.end delete
P9 1(g) “Paraprofessional technician” means an individual who
2works directly with a client to implement applied behavior analysis
3services under the direction and supervision of a licensed behavior
4analyst or a licensed assistant behavior analyst and has
5successfully completed the application requirements described in
6Section 2999.36.
7(g)
end delete
8begin insert(h)end insert (1) “Practice of behavior analysis” or “to practice behavior
9analysis” means the design, implementation, and evaluation of
10instructional and environmental modifications to produce socially
11significant improvements in human behavior and includesbegin delete all of
12the following:end delete
13begin delete(A)end deletebegin delete end deletebegin deleteTheend deletebegin insert theend insert
empirical identification of functional relations
14between behavior and environmental factors, known as functional
15assessment andbegin delete analysis.end deletebegin insert analysis,end insert
16begin delete(B)end deletebegin delete end deletebegin deleteInterventionsend deletebegin insert
interventionsend insert based on scientific research and
17the direct observation and measurement of behavior and the
18begin delete environment.end deletebegin insert environment, andend insert
19begin delete(C)end deletebegin delete end deletebegin deleteUtilizationend deletebegin insert utilizationend insert of contextual factors, motivating
20operations, antecedent stimuli, positive reinforcement, and other
21consequences to help people develop new behaviors, increase or
22decrease existing behaviors, and emit behaviors
under specific
23environmental conditions.
24(2) The practice of behavior analysis does not include
25psychological testing and assessment, diagnosis of a mental or
26physical disorder, neuropsychology, psychotherapy, cognitive
27therapy, sex therapy, psychoanalysis, hypnotherapy,begin delete or counseling begin insert counseling, prescribing drugs, performing
28as treatment modalities.end delete
29surgery, or administering electroconvulsive therapy.end insert
30(3) The Legislature recognizes that the scopes of practice of
31healing arts licensees regulated under this division sometimes
32contain similar practices. However, nothing herein shall be
33construed to allow a
licensed behavior analyst or a licensed
34assistant behavior analyst to engage in those practices other than
35specific to their scope of practice within behavior analysis as
36described herein. Any person practicing behavior analysis under
37this chapter who violates this provision is subject to disciplinary
38action by both the Board of Psychology and the board overseeing
39the relevant practice.
(a) The Board of Psychology is vested with the power
4to administer the provisions and requirements of this chapter, and
5may make and enforce rules and regulations that are reasonably
6necessary to carry out its provisions.
7(b) This section shall remain in effect only until January 1, 2021,
8and as of that date is repealed. Notwithstanding any other law, the
9repeal of this section renders the board subject to review by the
10appropriate policy committees of the Legislature.
Protection of the public shall be the highest priority
12for the board in exercising its licensing, regulatory, and disciplinary
13functions pursuant to this chapter. Whenever the protection of the
14public is inconsistent with other interests sought to be promoted,
15the protection of the public shall be paramount.
The board shall adopt, amend, and repeal regulations
17to implement the requirements of this chapter. All regulations
18adopted by the board shall comply with the provisions of Chapter
193.5 (commencing with Section 11340) of Part 1 of Division 3 of
20Title 2 of the Government Code.
The board shall adopt a program of consumer and
22professional education in matters relevant to the ethical practice
23of behavior analysis. The board shall establish as its standards of
24ethical conduct relating to the practice of behavior analysis, the
25“Professional and Ethical Compliance Code for Behavior
26Analysts” published by the Behavior Analyst Certification Board.
27These standards shall be applied by the board as the accepted
28standard of care in all licensing examination development and in
29all board enforcement policies and disciplinary case evaluations.
The board may employ, subject to civil service and
32other laws, employees as may be necessary to carry out the
33provisions of this chapter under the direction of the executive
34officer of the board.
The board shall maintain, and make available to the
36public, a list of all licensees. The board shall make available on
37its Internet Web site information regarding the status of every
38license issued by the board under this chapter pursuant to Section
3927.
(a) The Behavior Analyst Committee is hereby
2created within the jurisdiction of the board to make
3recommendations to the board regarding the regulation of the
4practice of behavior analysis in the state in order to protect the
5public from the unauthorized and unqualified practice of applied
6behavior analysis, and unprofessional, unethical, or harmful
7conduct by persons licensed to practice behavior analysis.
8(b) The committee shall consist of five members. Two members
9shall be licensed behavior analysts, one of which shall also be a
10member of the board. One member shall be a psychologist licensed
11under Chapter 6.6 (commencing with Section 2900) and who holds
12a current certification from a certifying entity as a behavior analyst.
13One member
shall be a licensed assistant behavior analyst. One
14member shall be a public member who is a consumer of behavior
15analysis services and who is not licensed under this chapter, under
16any chapter within this division, or by any board referred to in the
17Chiropractic Act or the Osteopathic Act.
18(c) The Governor shall appoint one licensed behavior analyst
19member, the licensed psychologist member, and the licensed
20assistant behavior analyst member. The Senate Committee on
21Rules shall appoint the public member, and the Speaker of the
22Assembly shall appoint one licensed behavior analyst member.
23(d) Notwithstanding subdivisions (b) and (c), the initially
24appointed members of the committee shall be appointed as follows:
25(1) The initial members appointed by the Governor shall be as
26follows:
27(A) One member shall be currently certified by a certifying
28entity as a certified behavior analyst and shall serve an initial term
29of one year.
30(B) One member shall be currently certified by a certifying
31entity as a certified assistant behavior analyst and shall serve an
32initial term of two years.
33(C) One member shall be a licensed psychologist who is
34currently certified by a certifying entity as a certified behavior
35analyst and shall serve an initial term 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 shall be currently certified by a certifying entity as a
P12 1
certified behavior analyst and shall serve an initial term of four
2years.
3(e) Except as provided in subdivision (d), each member of the
4committee shall hold office for a term of four years, and shall serve
5until the appointment of his or her successor or until one year has
6elapsed since the expiration of the term for which he or she was
7appointed, whichever occurs first. Vacancies shall be filled by the
8appointing power for the unexpired portion of the terms in which
9they occur. A member shall not serve for more than two
10consecutive 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.
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
24committee shall be given in accordance with the Bagley-Keene
25Open Meeting Act (Article 9 (commencing with Section 11120)
26of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government
27Code).
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.
(a) The committee may make recommendations to
39the board regarding licensing and practice standards.
P13 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 standards.end deletebegin insert guidelines.end insert
6
To qualify for licensure as a licensed behavior analyst
10or a licensed assistant behavior analyst, each applicant shall meet
11the board’s regulatory requirements for behavior analyst or assistant
12behavior analyst licensure, as applicable, including all of the
13following:
14(a) The applicant has not committed acts or crimes constituting
15grounds for denial of licensure under Section 480.
16(b) The board shall not issue a license or registration to any
17person who has been convicted of a crime in this state, or another
18state, or in a territory of the United States that involves sexual
19abuse of a child, or who is required to register pursuant to Section
20290 of the Penal Code or the equivalent in another state
or territory.
21(c) The applicant has successfully passed a state and federal
22level criminal offender record information search conducted
23through the Department of Justice, as follows:
24(1) The board shall request from the Department of Justice
25subsequent arrest notification service, pursuant to Section 11105.2
26of the Penal Code, for each person who submitted information
27pursuant to this subdivision.
28(2) The Department of Justice shall charge a fee sufficient to
29cover the cost of processing the request described in this section.
(a) In order to obtain a license as a behavior analyst,
31an individual shall submit an application on a form approved by
32the board accompanied by the fees required by the board as
33specified in Section 2999.93.
34(b) The board shall verify with the certifying entity that the
35applicant meets both of the following requirements:
36(1) Has passed the Board Certified Behavior Analyst
37examination or an equivalent examination administered by the
38certifying entity.
39(2) Maintains an active status as a certified behavior analyst
40with the certifying entity.
P14 1(c) Each
applicant shall obtain a passing score on a California
2law and ethics examination administered by the board.
3(d) This section shall become inoperative on July 1, 2018. An
4applicant who submits his or her application prior to July 1, 2018,
5shall be required to meet the requirements of this section to be
6licensed by the board.
7(e) This section shall remain in effect only until January 1, 2019,
8and as of that date is repealed.
(a) In order to obtain a license as a behavior analyst,
10an individual shall submit an application on a form approved by
11the board accompanied by the fees required by the board as
12specified in Section 2999.93.
13(b) An applicant shall maintain active status as a certified
14behavior analyst in good standing with a certifying entity. The
15board shall verify with the certifying entity that the applicant has
16passed the Board Certified Behavior Analyst Examination or an
17equivalent examination administered by the certifying entity.
18(c) Each applicant shall obtain a passing score on a California
19law and ethics examination administered by the board.
20(d) The applicant shall possess a master’s degree or higher level
21of education from an institution, which meets the requirements
22described in Section 2999.35, that was conferred in behavior
23analysis, psychology, or education, or conferred in a degree
24program in which the applicant completed a behavior-analytic
25course sequence approved by the certifying entity.
26(e) In addition to subdivisionsbegin delete (a) through (d),end deletebegin insert (a) to (d),
27inclusive,end insert an individual shall meet one of the following paragraphs
28in order to be licensed under this chapter:
29(1) An individual shall have completed both of the following:
30(A) Two hundred seventy hours of classroom graduate-level
31instruction in all of the following content areas:
32(i) Ethical and professional conduct coursework consisting of
3345 hours. The content must be taught in one or more freestanding
34courses devoted to ethical and professional conduct of behavior
35analysts.
36(ii) Concepts and principles of behavior analysis consisting of
3745 hours.
38(iii) Research methods in behavior analysis, consisting of 25
39hours of measurement, including data analysis, and 20 hours of
40experimental design.
P15 1(iv) Applied behavior analysis, consisting of 45 hours of
2fundamental elements of behavior change and specific behavior
3change procedures, 30 hours of identification of
the problem and
4assessment, 10 hours of intervention and behavior change
5considerations, 10 hours of behavior change systems, and 10 hours
6of implementation, management, and supervision.
7(v) Elective coursework in behavior analysis consisting of 30
8hours.
9(B) Supervised experiential training by any of the following:
10(i) One thousand five hundred hours of independent field work
11in behavior analysis supervised in accordance with the requirements
12of the certifying entity.
13(ii) One thousand hours of supervised practicum in behavior
14analysis within a university practicum approved by the certifying
15entity, taken for graduate academic credit, and completed with a
16passing grade.
17(iii) Seven
hundred fifty hours of supervised intensive practicum
18in behavior analysis within a university practicum approved by
19the certifying entity, taken for graduate academic credit, and
20completed with a passing grade.
21(iv) A combination of the supervised experience in clause (i),
22(ii), or (iii). Hours may be completed in any combination of the
23categories of supervised experience. Hours accrued through a
24combination of supervised experience shall be proportionately
25calculated.
26(2) An individual shall meet all of the following requirements:
27(A) Have a faculty appointment of at least three years,
28cumulatively, of full-time work as a faculty member at a fully
29accredited higher education institution within a five-year period.
30(B) Taught at least five sections or
iterations of behavior analytic
31coursework. An applicant shall have taught at least two behavior
32analytic content areas, which are concepts and principles of
33behavior, single-subject research methods, applied behavior
34analysis, and ethics in behavior analysis, in separate courses. Each
35course taught shall have been exclusively or primarily devoted to
36behavior analytic content, and shall have been taught at the
37graduate level. An applicant shall submit proof of completion of
38the faculty appointment and teaching requirements from a
39department head, including the syllabus for each course taught, to
40the board.
P16 1(C) Published one article with all of the following
2characteristics:
3(i) Behavior analytic in nature.
4(ii) Includes at least one experimental evaluation.
5(iii) Published in a high-quality, peer reviewed journal.
6(iv) The applicant is the first, second, or corresponding author.
7(v) The article may have been published at any time during the
8applicant’s career.
9(D) Obtained supervised experiential training by any of the
10following:
11(i) One thousand five hundred hours of independent field work
12in behavior analysis supervised in accordance with the requirements
13of the certifying entity.
14(ii) One thousand hours of supervised practicum in behavior
15analysis within a university practicum approved by the certifying
16entity, taken for graduate academic credit, and completed with a
17passing grade.
18(iii) Seven hundred fifty hours of supervised intensive practicum
19in behavior analysis within a university practicum approved by
20the certifying entity, taken for graduate credit, and completed with
21a passing grade.
22(iv) A combination of the supervised experience inbegin delete clausesend delete
23begin insert clauseend insert
(i), (ii), or (iii). Hours may be completed in any combination
24of the categories of supervised experience. Hours accrued through
25a combination of supervised experience shall be proportionately
26calculated.
27(3) An individual shall have completed all of the following:
28(A) A doctoral degree in behavior analysis, psychology, or
29education from an accredited higher education institution.
30(B) Ten years of postdoctoral experience practicing behavior
31analysis. The duration of practice shall be at least 10 years,
32cumulatively, of full-time practice. An applicant’s practice shall
33have occurred under a relevant state professional credential or
34license.
35(C) At least 500 hours of supplemental supervised experiential
36training that meets current
experience standards of the certifying
37entity, commencing after the 10 years of postdoctoral experience
38required in paragraph (b).
39(f) This section shall become operative on July 1, 2018.
(a) To obtain a license as an assistant behavior
2analyst, an individual shall submit an application on a form
3approved by the board accompanied by the fees required by the
4board as specified in Section 2999.93.
5(b) The board shall verify with the certifying entity that the
6applicant meets all of the following requirements:
7(1) Has passed the Board Certified Assistant Behavior Analyst
8examination or equivalent examination administered by the
9certifying entity.
10(2) Maintains an active status as abegin delete boardend delete
certified assistant
11behavior analyst with the certifying entity.
12(c) Each applicant shall obtain a passing score on a California
13law and ethics examination administered by the board.
14(d) Each applicant shall provide proof to the board of ongoing
15supervision by a licensed behavior analyst in a manner consistent
16with the certifying entity’s requirements for supervision of assistant
17behavior analysts.
18(e) This section shall become inoperative on July 1, 2018. An
19applicant who submits his or her application prior to July 1, 2018,
20shall be required to meet the requirements of this section to be
21licensed by the board.
22(f) This section shall remain in effect only until January 1, 2019,
23and as of that date is
repealed.
(a) In order for an individual to be licensed as an
25assistant behavior analyst under this chapter, he or she shall possess
26a baccalaureate degree or higher level of education from an
27institution that meets the requirements described in Section
282999.35.
29(b) An applicant shall maintain active status as a certified
30behavior analyst in good standing with a certifying entity. The
31board shall verify with the certifying entity that the applicant has
32passed the Board Certified Behavior Analyst Examination or an
33equivalent examination administered by the certifying entity.
34(c) Each applicant shall obtain a passing score on a California
35law and ethics examination administered by the
board.
36(d) Each applicant shall provide proof to the board of ongoing
37supervision by a licensed behavior analyst in a manner consistent
38with the certifying entity’s requirements for supervision of assistant
39behavior analysts.
P18 1(e) In addition to subdivisions (a) to (d), inclusive, an individual
2shall meet all of the following requirements in order to be licensed
3under this chapter:
4(1) Completed a baccalaureate degree or higher level of
5education from an institution that meets the requirements in Section
62999.35.
7(2) An applicant shall meet both of the following:
8(A) Completed 180 classroom hours of undergraduate or
9graduate level instruction in all of the following content areas:
10(i) Ethical and professional conduct coursework of behavior
11analysis consisting of 15 hours.
12(ii) Concepts and principles of behavior analysis consisting of
1345 hours.
14(iii) Research methods in behavior analysis, consisting of 10
15hours of measurement, including data analysis, and five hours of
16experimental design.
17(iv) Applied behavior analysis, consisting of 45 hours of
18fundamental elements of behavior change and specific behavior
19change procedures, 30 hours of identification of the problem and
20assessment, five hours of intervention and behavior change
21considerations, five hours of behavior change systems, and five
22hours of implementation, management, and supervision.
23(v) Elective coursework
in behavior analysis consisting of 15
24hours.
25(B) Obtained supervised experiential training by any of the
26following:
27(i) One thousand hours of independent field work in behavior
28analysis supervised in accordance with the requirements of the
29certifying entity, taken for academic credit, and completed with a
30passing grade.
31(ii) Six hundred seventy hours of supervised practicum in
32behavior analysis within a university practicum approved by the
33certifying entity, taken for academic credit, and completed with a
34passing grade.
35(iii) Five hundred hours of supervised intensive practicum in
36behavior analysis within a university practicum approved by the
37certifying entity, taken for academic credit, and completed with a
38passing grade.
39(iv) A combination of the supervised experience in clause (i),
40(ii), or (iii). Hours may be completed in any combination of the
P19 1categories of supervised experience. Hours accrued through a
2combination of supervised experience shall be proportionately
3calculated.
4(f) This section shall become operative on July 1, 2018.
The education required to obtain a behavior analyst
6license or an assistant behavior analyst license shall be from any
7of the following:
8(a) A United States institution of higher education listed by the
9Council for Higher Education Accreditation.
10(b) A Canadian institution of higher education that is a member
11of the Association of Universities and Colleges of Canada or the
12Association of Canadian Community Colleges.
13(c) An applicant for licensure trained in an educational
14institution outside the United States or Canada shall demonstrate
15to the satisfaction of the board that he or she possesses abegin delete doctorateend delete
16
degree in a relevant subject that is equivalent to a degree earned
17from a regionally accredited university in the United States or
18Canada. Such an applicant shall provide to the board a
19comprehensive evaluation of the degree performed by a foreign
20credential service that is a member of the National Association of
21Credential Evaluation Services (NACES), and any other
22documentation that the board deems necessary.
(a) Paraprofessional technicians practicing in this
24state under the supervision of an individual licensed under this
25chapter shall satisfy all of the following requirements:
26(1) Be at least eighteen years of age and possess a minimum of
27a high school diploma or its equivalent.
28(2) Submit an application on a form approved by the board.
29(3) Submit fingerprint images to the California Department of
30Justice for a state and federal criminal background report within
31fourteen days from the date of application.
32(4) Annually pay an application fee, in an
amount not to exceed
33a reasonable regulatory cost, to be determined by the board.
34(b) The board may deny or revoke acceptance of an application
35under this section if it is determined to be in the best interest of
36public safety and welfare, as described in Section 2999.21.
On and after July 1, 2018, it shall be unlawful for
39any person to engage in any of the following acts:
P20 1(a) Engage in the practice of behavior analysis, as defined in
2Section 2999.12, without first having complied with the provisions
3of this chapter and without holding a current, valid, and active
4license as required by this chapter.
5(b) Represent himself or herself by the title “licensed behavior
6analyst,” or “licensed assistant behavior analyst” without being
7duly licensed according to the
provisions of this chapter.
8(c) Make any use of any title, words, letters, or abbreviations
9that may reasonably be confused with a designation provided by
10this chapter to denote a standard of professional or occupational
11competence without being duly licensed.
12(d) Materially refuse to furnish the board information or records
13required or requested pursuant to this chapter.
This chapter does not apply to any of the following:
15(a) An individual licensed to practice psychology in this state
16under Chapter 6.6 (commencing with Section 2900), if the practice
17of behavior analysis engaged in by the licensed psychologist is
18within the licensed psychologist’s training and competence.
19(b) A speech-language pathologist or an audiologist licensed
20under Chapter 5.3 (commencing with Section 2530), an
21occupational therapist licensed under Chapter 5.6 (commencing
22with Section 2570), a physical therapist licensed under Chapter
235.7 (commencing with Section 2600), a marriage and family
24therapist licensed under Chapter 13 (commencing with Section
254980), an educational psychologist
licensed under Chapter 13.5
26(commencing with Sectionbegin delete 4980.10),end deletebegin insert 4989.10),end insert a clinical social
27worker licensed under Chapter 14 (commencing with Section
28begin delete 4990.1),end deletebegin insert 4991),end insert or a professional clinical counselor licensed under
29Chapter 16 (commencing with Sectionbegin delete 4999.10)end deletebegin insert 4999.10),end insert if the
30begin deletebehavior analysis engaged inend deletebegin insert
services providedend insert bybegin insert any ofend insert those
31licenseesbegin delete isend deletebegin insert areend insert within his or her licensed scope of practice and
32within the scope of his or her training and competence, provided
33that he or she does not represent himself or herself as a licensed
34behavior analyst or licensed assistant behavior analyst.
35(c) An individual, including a paraprofessional technician,
36
student, or postdoctoral trainee acting under the authority and
37direction of a licensed behavior analyst, a licensed assistant
38behavior analyst, or an individual described in subdivision (a) or
39(b).
P21 1(c) A student or other individual pursuing supervised
2experiential training toward a license described in this chapter,
3provided such training is conducted in accordance with the
4requirements of this chapter.
5(d) A family member of a recipient of behavior analysis services
6who acts under the extended authority and direction of a licensed
7behavior analyst or a licensed assistant behavior analyst.
8(d) A student, or post-graduate individual, pursuing supervised
9experience in behavior analysis toward a license described in
10subdivision (a) or (b). The experience shall be gained in
11accordance with the experience and supervision requirements of
12the respective licensure act in this division for the license described
13in subdivision (a) or (b).
14(e) A parent or guardian of a recipient of behavior analysis
15services who acts under the extended authority and direction of a
16licensed behavior analyst or licensed assistant behavior analyst.
17(e)
end delete
18begin insert(f)end insert A matriculated college or university student who practices
19behavior analysis as a part of a defined program of study, course,
20practicum, internship, or postdoctoral trainee, provided that the
21behavior analysis activities are directly supervised by a licensed
22behavior analyst, a licensed psychologist, or by an instructor in a
23course sequence approved by the certifying entity.
24(f) An unlicensed individual pursuing supervised experience in
25behavior analysis consistent with the experience requirements of
26the certifying entity, provided such experience is supervised in
27accordance with the requirements of the certifying entity.
28(g) An individual who teaches behavior analysis or conducts
29behavior analytic research, provided
that such teaching or research
30does not involve the direct delivery of behavior analysis services.
31(h) A behavior analyst licensed in another state or certified by
32the certifying entity to practice independently, and who temporarily
33provides behavior analysis services in California during a period
34of not more than 90 days in a calendar year.
35(i) An individual who is vendorized by one or more regional
36centers of the State Department of Developmental Services while
37practicing behavior analysis services authorized under that
38vendorization. That individual shall not represent himself or herself
39as a licensed behavior analyst or licensed assistant behavior analyst
40unless he or she holds a license under this chapter, and shall not
P22 1offer behavior analysis services to any person or entity other than
2the regional centers with which he or she is vendorized or accept
3remuneration for
providing behavior analysis services other than
4the remuneration received from those regional centersbegin insert unless he
5or she holds a license under this chapterend insert.
6(j) An individual employed by abegin delete school board performing the
7duties of his or her position, provided that he or she shall only
8offer behavior analysis services within the scope of that
9employment
by the school board.end delete
10purpose of assisting students with behavioral and developmental
11issues when in classroom and other school settings.end insert
A licensee shall give written notice to the board of a
13name change within 30 days after each change, giving both the
14old and new names. A copy of the legal document authorizing the
15name change, such as a court order or marriage certificate, shall
16be submitted with the notice.
(a) A license shall expire and become invalid two
18years after it is issued at 12 midnight on the last day of the month
19in which it was issued, if not renewed.
20(b) To renew an unexpired license, the licensee shall, on or
21before the date on which it would otherwise expire, apply for
22renewal on a form provided by the board, accompanied by the
23renewal fee set by the board.begin delete The board shall obtain verification begin insert
The licensee
24from the certifying entity that the renewal applicant maintains an
25active certification status with the certifying entity.end delete
26shall include verification from the certifying entity that he or she
27maintains an active certification status with the renewal form.end insert
28(c) To renew an assistant behavior analyst license, in addition
29to the requirements in subdivision (b), the licensee shall submit
30proof of ongoing supervision by a licensed behavior analystbegin insert or a
31licensed psychologist who is qualified to practice behavior analysisend insert
32 in a manner consistent with the board’s requirements for
33supervision of assistant behavior analysts.begin insert A licensed assistant
34behavior analyst shall be supervised by a licensed behavior analyst
35for at least 2 percent of the hours of behavior-analytic services
36they provide per month.end insert
(a) A license that has expired may be renewed at any
38time within three years after its expiration by applying for renewal
39on a form provided by the board, payment of all accrued and unpaid
40renewal fees, and the delinquency fee specified in Section 2999.93.
P23 1begin delete The board shall obtain verification from the certifying entity of
2the licensee’s active certification status with the certifying entity.end delete
3begin insert The licensee shall include verification from the certifying entity
4that he or she maintains an active certification status with the
5renewal form.end insert
6(b) Except as
provided in Sectionbegin delete 2999.46,end deletebegin insert 2999.46.5,end insert a license
7that is not renewed within three years of its expiration shall not be
8renewed, restored, or reinstated, and the license shall be canceled
9immediately upon expiration of the three-year period.
(a) The board shall not issue any renewal license, a
11new license after expiration of an expired license, or a
12reinstatement license unless the applicant submits proof that he
13or she has completed not less than 32 hours of approved continuing
14education in the preceding two-year licensure cycle for licensed
15behavior analysts and 20 hours of approved continuing education
16in the preceding two-year licensure cycle for licensed assistant
17behavior analysts.
18(b) Each person renewing or reinstating his or her license or
19obtaining a new license after expiration of a prior license issued
20pursuant to this chapter shall submit proof of compliance with this
21section to the board.
22(c) A
person applying for renewal, a new license after expiration
23of a prior license, or reinstatement to an active license status shall
24certify under penalty of perjury that he or she is in compliance
25with this section.
26(d) The board may recognize continuing education courses that
27have been approved by one or more private nonprofit organizations
28that have at least 10 years’ experience managing continuing
29education programs for behavior analysts.
30(e) The board shall adopt regulations as necessary for
31implementation of this section.
(a) A suspended license is subject to expiration
34and shall be renewed as provided in this article, but such renewal
35does not entitle the licensee, while the license remains suspended,
36and until it is reinstated, to engage in the licensed activity or in
37any other activity or conduct in violation of the order or judgment
38by which the license was suspended.
39(b) A license revoked on disciplinary grounds is subject to
40expiration as provided in this article, but it may not be renewed.
P24 1If it is reinstated after its expiration, the licensee, as a
condition
2of reinstatement, shall pay a reinstatement fee in an amount equal
3to the renewal fee, plus the delinquency fee, and any fees accrued
4at the time of its revocation.
5
The board may on its own, and shall, upon the receipt
9of a complaint from any person, investigate the actions of any
10licensee. The board shall review a licensee’s alleged violation of
11statute, regulation, or any other law and any other complaint
12referred to it by the public, a public agency, or the department,
13and may upon a finding of a violation take disciplinary action
14under this article.
A license issued under this chapter may be denied,
16revoked, or otherwise sanctioned upon demonstration of
17ineligibility for licensure, including, but not limited to, failure to
18maintain active certification by the certifying entity or falsification
19of documentation submitted to the board for licensure or submitted
20to the certifying authority for certification.
The board may deny a license application, may issue
22a license with terms and conditions, may suspend or revoke a
23license, or may place a license on probation if the applicant or
24licensee has been guilty of unprofessional conduct. Unprofessional
25conduct shall include, but not be limited to:
26(a) Conviction of a crime substantially related to the
27qualifications, functions, or duties of a licensed behavior analyst
28or a licensed assistant behavior analyst.
29(b) Use of any controlled substance as defined in Division 10
30(commencing with Section 11000) of the Health and Safety Code,
31dangerous drug, or any alcoholic beverage to an extent or in a
32manner dangerous to himself or herself, any other person, or
the
33public, or to an extent that this use impairs his or her ability to
34safely perform the practice of behavior analysis.
35(c) Fraudulently or neglectfully misrepresenting the type or
36status of a license actually held.
37(d) Impersonating another person holding a license or allowing
38another person to use his or her license.
39(e) Use of fraud or deception in applying for a license or in
40passing any examination required by this chapter.
P25 1(f) Paying, offering to pay, accepting, or soliciting any
2consideration, compensation, or remuneration, whether monetary
3or otherwise, for the referral of clients.
4(g) Violating Section 17500.
5(h) Willful, unauthorized communication of information
6received in professional confidence.
7(i) Violating any rule of professional conduct promulgated by
8the board and set forth in regulations duly adopted under this
9chapter.
10(j) Being grossly negligent in the practice of his or her
11profession.
12(k) Violating any of the provisions of this chapter or regulations
13duly adopted thereunder.
14(l) The aiding or abetting of any person to engage in the unlawful
15practice of behavior analysis.
16(m) The suspension, revocation, or imposition of probationary
17conditions or other disciplinary action by another state or country
18of a license, certificate, or registration to practice behavior
analysis
19issued by that state or country to a person also holding a license
20issued under this chapter if the act for which the disciplinary action
21was taken constitutes a violation of this section. A certified copy
22of the decision or judgment of the other state or country shall be
23conclusive evidence of that action.
24(n) The commission of any dishonest, corrupt, or fraudulent act.
25(o) Any act of sexual abuse or sexual relations with a patient or
26former patient within two years following termination of therapy,
27or sexual misconduct that is related to the qualifications, functions,
28or duties of a licensed behavior analyst or a licensed assistant
29behavior analyst.
30(p) Functioning outside of his or her particular field or fields of
31competence as established by his or her education, training, and
32experience.
33(q) Willful failure to submit, on behalf of an applicant for
34licensure, verification of supervised experience to the board.
35(r) Repeated acts of negligence.
36(s) Failure to comply with all ethical and disciplinary standards
37published by the certifying entity.
(a) Except as provided in subdivisions (b), (c), and
39(e), any accusation filed against a licensee pursuant to Section
4011503 of the Government Code shall be filed within three years
P26 1from the date the board discovers the alleged act or omission that
2is the basis for disciplinary action, or within seven years from the
3date the alleged act or omission that is the basis for disciplinary
4action occurred, whichever occurs first.
5(b) An accusation filed against a licensee pursuant to Section
611503 of the Government Code alleging the procurement of a
7license by fraud or misrepresentation is not subject to the
8limitations set forth in subdivision (a).
9(c) The limitation provided for by
subdivision (a) shall be tolled
10for the length of time required to obtain compliance when a report
11required to be filed by the licensee or registrant with the board
12pursuant to Article 11 (commencing with Section 800) of Chapter
131 is not filed in a timely fashion.
14(d) If an alleged act or omission involves a minor, the seven-year
15limitations period provided for by subdivision (a) and the 10-year
16limitations period provided for by subdivision (e) shall be tolled
17until the minor reaches the age of majority.
18(e) An accusation filed against a licensee pursuant to Section
1911503 of the Government Code alleging sexual misconduct shall
20be filed within three years after the board discovers the act or
21omission alleged as the ground for disciplinary action, or within
2210 years after the act or omission alleged as the ground for
23disciplinary action occurs, whichever occurs first.
24(f) The limitations period provided by subdivision (a) shall be
25tolled during any period if material evidence necessary for
26prosecuting or determining whether a disciplinary action would
27be appropriate is unavailable to the board due to an ongoing
28criminal investigation.
Notwithstanding Section 2999.62, any proposed
30decision or decisions issued under this chapter in accordance with
31the procedures set forth in Chapter 5 (commencing with Section
3211500) of Part 1 of Division 3 of Title 2 of the Government Code
33that contains any finding of fact that the licensee engaged in any
34act of sexual contact, as defined in Section 728, when that act is
35with a patient, or with a former patient, within two years following
36termination of services, shall contain an order of revocation. The
37revocation shall not be stayed by the administrative law judge.
The board may deny an application for, or issue
39subject to terms and conditions, or suspend or revoke, or impose
P27 1probationary conditions upon, a license or registration after a
2hearing as provided in Section 2999.70.
A plea or verdict of guilty or a conviction following
4a plea of nolo contendere made to a charge which is substantially
5related to the qualifications, functions, and duties of a licensed
6behavior analyst or licensed assistant behavior analyst is deemed
7to be a conviction within the meaning of this article. The board
8may order the license suspended or revoked, or may decline to
9issue a license when the time for appeal has elapsed, the judgment
10of conviction has been affirmed on appeal, or when an order
11granting probation is made suspending the imposition of sentence,
12irrespective of a subsequent order under Section 1203.4 of the
13Penal Code allowing the person to withdraw his or her plea of
14guilty and to enter a plea of not guilty, or setting aside the verdict
15of guilty, or dismissing the accusation, information, or
indictment.
Any person required to register as a sex offender
17pursuant to Section 290 of the Penal Code, is not eligible for
18licensure by the board.
An administrative disciplinary decision that imposes
20terms of probation may include, among other things, a requirement
21that the licensee who is being placed on probation pay the monetary
22costs associated with monitoring the probation.
The proceedings under this article shall be conducted
24by the board in accordance with Chapter 5 (commencing with
25Section 11500) of Part 1 of Division 3 of Title 2 of the Government
26Code.
A person who violates any of the provisions of this
28chapter is guilty of a misdemeanor punishable by imprisonment
29in a county jail not exceeding six months or by a fine not exceeding
30two thousand five hundred dollars ($2,500), or by both that fine
31and imprisonment.
In addition to other proceedings provided in this
33chapter, whenever any person has engaged, or is about to engage,
34in any acts or practices that constitute, or will constitute, an offense
35against this chapter, the superior court in and for the county
36wherein the acts or practices take place, or are about to take place,
37may issue an injunction or other appropriate order restraining that
38conduct on application of the board, the Attorney General, or the
39district attorney of the county. Proceedings under this section shall
40be governed by Chapter 3 (commencing with Section 525) of Title
P28 17 of Part 2 of the Code of Civil Procedure, except that it shall be
2presumed that there is no adequate remedy at law and that
3irreparable damage will occur if the continued violation is not
4restrained or enjoined. On the written request of the
board, or on
5its own motion, the board may commence an action in the superior
6court under this section.
(a) (1) A licensee who fails or refuses to comply
8with a request for the medical records of a client, that is
9accompanied by that client’s written authorization for release of
10those records to the board, within 15 days of receiving the request
11and authorization, shall pay to the board a civil penalty of one
12thousand dollars ($1,000) per day for each day that the documents
13have not been produced after the 15th day, unless the licensee is
14unable to provide the documents within this time period for good
15cause.
16(2) A health care facility shall comply with a request for the
17medical records of a client that is accompanied by that client’s
18written authorization for release of records to the board together
19with a notice citing
this section and describing the penalties for
20failure to comply with this section. Failure to provide the
21authorizing client’s medical records to the board within 30 days
22of receiving the request, authorization, and notice shall subject
23the health care facility to a civil penalty, payable to the board, of
24up to one thousand dollars ($1,000) per day for each day that the
25documents have not been produced after the 30th day, up to ten
26thousand dollars ($10,000), unless the health care facility is unable
27to provide the documents within this time period for good cause.
28This paragraph shall not require health care facilities to assist
29the board in obtaining the client’s authorization. The board shall
30pay the reasonable costs of copying the medical records.
31(b) (1) A licensee who fails or refuses to comply with a court
32order, issued in the enforcement of a subpoena, mandating the
33release of records to the board shall pay to the
board a civil
34penalty of one thousand dollars ($1,000) per day for each day that
35the documents have not been produced after the date by which the
36court order requires the documents to be produced, unless it is
37determined that the order is unlawful or invalid. Any statute of
38limitations applicable to the filing of an accusation by the board
39shall be tolled during the period the licensee is out of compliance
40with the court order and during any related appeals.
P29 1(2) Any licensee who fails or refuses to comply with a court
2order, issued in the enforcement of a subpoena, mandating the
3release of records to the board, shall be subject to a civil penalty,
4payable to the board, of not to exceed five thousand dollars
5($5,000). The amount of the penalty shall be added to the licensee’s
6renewal fee if it is not paid by the next succeeding renewal date.
7Any statute of limitations applicable to the filing of an accusation
8by the board shall be tolled during
the period the licensee is out
9of compliance with the court order and during any related appeals.
10(3) A health care facility that fails or refuses to comply with a
11court order, issued in the enforcement of a subpoena, mandating
12the release of client records to the board, that is accompanied by
13a notice citing this section and describing the penalties for failure
14to comply with this section, shall pay to the board a civil penalty
15of up to one thousand dollars ($1,000) per day for each day that
16the documents have not been produced, up to ten thousand dollars
17($10,000), after the date by which the court order requires the
18documents to be produced, unless it is determined that the order
19is unlawful or invalid. Any statute of limitations applicable to the
20filing of an accusation by the board against a licensee shall be
21tolled during the period the health care facility is out of compliance
22with the court order and during any related appeals.
23(4) Any health care facility that fails or refuses to comply with
24a court order, issued in the enforcement of a subpoena, mandating
25the release of records to the board, shall be subject to a civil
26penalty, payable to the board, of not to exceed five thousand dollars
27($5,000). Any statute of limitations applicable to the filing of an
28accusation by the board against a licensee shall be tolled during
29the period the health care facility is out of compliance with the
30court order and during any related appeals.
31(c) Multiple acts by a licensee in violation of subdivision (b)
32shall be a misdemeanor punishable by a fine not to exceed five
33thousand dollars ($5,000) or by imprisonment in a county jail not
34exceeding six months, or by both that fine and imprisonment.
35Multiple acts by a health care facility in violation of subdivision
36(b) shall be a misdemeanor punishable by a fine not to exceed
five
37thousand dollars ($5,000) and shall be reported to the State
38Department of Health Care Services and shall be considered as
39grounds for disciplinary action with respect to licensure, including
40suspension or revocation of the license or certificate.
P30 1(d) A failure or refusal of a licensee to comply with a court
2order, issued in the enforcement of a subpoena, mandating the
3release of records to the board constitutes unprofessional conduct
4and is grounds for suspension or revocation of his or her license.
5(e) The imposition of the civil penalties authorized by this section
6shall be in accordance with the Administrative Procedure Act
7(Chapter 5 (commencing with Section 11500) of Part 1 of Division
83 of Title 2 of the Government Code).
9(f) For purposes of this section, “health care facility” means a
10clinic or health
facility licensed or exempt from licensure pursuant
11to Division 2 (commencing with Section 1200) of the Health and
12Safety Code.
13
The board shall report each month to the Controller
17the amount and source of all revenue received pursuant to this
18chapter and at the same time deposit the entire amount thereof in
19the State Treasury for credit to the Psychology Fund established
20by Section 2980.
(a) The moneys credited to the Psychology Fund
22under Section 2999.90 shall, upon appropriation by the Legislature,
23be used for the purposes of carrying out and enforcing the
24provisions of this chapter.
25(b) The board shall keep records that will reasonably ensure
26that funds expended in the administration of each licensing
27category bear a reasonable relation to the revenue derived from
28each category, and shall so notify the department no later than
29May 31 of each year.
The board shall establish fees for the application for
31and the issuance and renewal of licenses to cover, but not exceed,
32the reasonable regulatory costs of the board related to administering
33this chapter. The fees shall be fixed by the board in regulations
34that are duly adopted under this chapter. Fees assessed pursuant
35to this section shall not exceed the following:
36(a) The delinquency fee shall be 50 percent of the biennial
37renewal fee.
38(b) The fee for rescoring an examination shall be twenty dollars
39($20).
P31 1(c) The fee for issuance of a replacement license shall be twenty
2dollars ($20).
3(d) The fee for issuance of a certificate or letter of good standing
4shall be twenty-five dollars ($25).
(a) A person licensed under this chapter is exempt
6from the payment of the renewal fee in any one of the following
7instances:
8(1) While engaged in full-time active service in the United States
9Army, Navy, Air Force, or Marine Corps.
10(2) While in the United States Public Health Service.
11(3) While a volunteer in the Peace Corps or AmeriCorps VISTA.
12(b) Every person exempted from the payment of the renewal
13fee by this section shall not engage in any private practice and
14shall become liable for the fee for the current renewal period upon
15the completion
of his or her period of full-time active service and
16shall have a period of 60 days after becoming liable within which
17to pay the fee before the delinquency fee becomes applicable. Any
18person who completes his or her period of full-time active service
19within 60 days of the end of a renewal period is exempt from the
20payment of the renewal fee for that period.
21(c) The time spent in that full-time active service or full-time
22training and active service shall not be included in the computation
23of the three-year period for renewal of an expired license specified
24in Section 2999.45.
25(d) The exemption provided by this section shall not be
26applicable if the person engages in any practice for compensation
27other than full-time service in the United States Army, Navy, Air
28Forcebegin insert,end insert or
Marine Corps, in the United States Public Health Service,
29or the Peace Corps or AmeriCorps VISTA.
The licensing and regulatory program under this
31chapter shall be supported from fees assessed to applicants and
32licensees. Startup funds to implement this program shall be derived,
33as a loan, from the Psychology Fund, subject to an appropriation
34by the Legislature in the annual Budget Act. The board shall not
35implement this chapter until funds have been appropriated.
No reimbursement is required by this act pursuant to
37Section 6 of Article XIII B of the California Constitution because
38 the only costs that may be incurred by a local agency or school
39district will be incurred because this act creates a new crime or
40infraction, eliminates a crime or infraction, or changes the penalty
P32 1for a crime or infraction, within the meaning of Section 17556 of
2the Government Code, or changes the definition of a crime within
3the meaning of Section 6 of Article XIII B of the California
4Constitution.
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