BILL NUMBER: SB 479	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 6, 2015

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 repeal
Section 2999.25 of, the Business and Professions Code, 
relating to healing arts.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 479, as amended, Bates. Healing  arts.  
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 
Behavioral Sciences and 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 declare the intent of the legislature to enact
legislation to license and regulate the profession of applied
behavioral analysis.  
   This bill would, on and after July 1, 2017, increase the number of
members on the board to 11, and would increase the number of members
for a quorum to 6 members. The bill would require the 2 new members
to meet certain requirements, including, but not limited to, that
they practice behavior analysis, as defined.  
   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 the implementation of the
act.  
   This bill would define certain terms for these purposes. The bill
would require the board to conduct disciplinary hearings, as
specified. The bill on and after January 1, 2018, make it unlawful
to, among other things, practice behavior analysis without being
licensed by the board, except as specified.  
    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:  no
  yes  . State-mandated local program:  no
  yes .


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 27 of the   Business
and Professions Code   is amended to read: 
   27.  (a) Each entity specified in subdivisions (c), (d), and (e)
shall provide on the Internet information regarding the status of
every license issued by that entity in accordance with the California
Public Records Act (Chapter 3.5 (commencing with Section 6250) of
Division 7 of Title 1 of the Government Code) and the Information
Practices Act of 1977 (Chapter 1 (commencing with Section 1798) of
Title 1.8 of Part 4 of Division 3 of the Civil Code). The public
information to be provided on the Internet shall include information
on suspensions and revocations of licenses issued by the entity and
other related enforcement action, including accusations filed
pursuant to the Administrative Procedure Act (Chapter 3.5 (commencing
with Section 11340) of Part 1 of Division 3 of Title 2 of the
Government Code) taken by the entity relative to persons, businesses,
or facilities subject to licensure or regulation by the entity. The
information may not include personal information, including home
telephone number, date of birth, or social security number. Each
entity shall disclose a licensee's address of record. However, each
entity shall allow a licensee to provide a post office box number or
other alternate address, instead of his or her home address, as the
address of record. This section shall not preclude an entity from
also requiring a licensee, who has provided a post office box number
or other alternative mailing address as his or her address of record,
to provide a physical business address or residence address only for
the entity's internal administrative use and not for disclosure as
the licensee's address of record or disclosure on the Internet.
   (b) In providing information on the Internet, each entity
specified in subdivisions (c) and (d) shall comply with the
Department of Consumer Affairs' guidelines for access to public
records.
   (c) Each of the following entities within the Department of
Consumer Affairs shall comply with the requirements of this section:
   (1) The Board for Professional Engineers, Land Surveyors, and
Geologists shall disclose information on its registrants and
licensees.
   (2) The Bureau of Automotive Repair shall disclose information on
its licensees, including auto repair dealers, smog stations, lamp and
brake stations, smog check technicians, and smog inspection
certification stations.
   (3) The Bureau of Electronic and Appliance Repair, Home
Furnishings, and Thermal Insulation shall disclose information on its
licensees and registrants, including major appliance repair dealers,
combination dealers (electronic and appliance), electronic repair
dealers, service contract sellers, and service contract
administrators.
   (4) The Cemetery and Funeral Bureau shall disclose information on
its licensees, including cemetery brokers, cemetery salespersons,
cemetery managers, crematory managers, cemetery authorities,
crematories, cremated remains disposers, embalmers, funeral
establishments, and funeral directors.
   (5) The Professional Fiduciaries Bureau shall disclose information
on its licensees.
   (6) The Contractors' State License Board shall disclose
information on its licensees and registrants in accordance with
Chapter 9 (commencing with Section 7000) of Division 3. In addition
to information related to licenses as specified in subdivision (a),
the board shall also disclose information provided to the board by
the Labor Commissioner pursuant to Section 98.9 of the Labor Code.
   (7) The Bureau for Private Postsecondary Education shall disclose
information on private postsecondary institutions under its
jurisdiction, including disclosure of notices to comply issued
pursuant to Section 94935 of the Education Code.
   (8) The California Board of Accountancy shall disclose information
on its licensees and registrants.
   (9) The California Architects Board shall disclose information on
its licensees, including architects and landscape architects.
   (10) The State Athletic Commission shall disclose information on
its licensees and registrants.
   (11) The State Board of Barbering and Cosmetology shall disclose
information on its licensees.
   (12) The State Board of Guide Dogs for the Blind shall disclose
information on its licensees and registrants.
   (13) The Acupuncture Board shall disclose information on its
licensees.
   (14) The Board of Behavioral Sciences shall disclose information
on its licensees, including licensed marriage and family therapists,
licensed clinical social workers, licensed educational psychologists,
and licensed professional clinical counselors.
   (15) The Dental Board of California shall disclose information on
its licensees.
   (16) The State Board of Optometry shall disclose information
regarding certificates of registration to practice optometry,
statements of licensure, optometric corporation registrations, branch
office licenses, and fictitious name permits of its licensees.
   (17) The Board of Psychology shall disclose information on its
licensees, including psychologists, psychological assistants,
 and  registered  psychologists. 
 psychologists, behavior analysts, and assistant behavior
analysts. 
   (d) The State Board of Chiropractic Examiners shall disclose
information on its licensees.
   (e) The Structural Pest Control Board shall disclose information
on its licensees, including applicators, field representatives, and
operators in the areas of fumigation, general pest and wood
destroying pests and organisms, and wood roof cleaning and treatment.

   (f) "Internet" for the purposes of this section has the meaning
set forth in paragraph (6) of subdivision (f) of Section 17538.
   SEC. 2.    Section 2920 of the   Business
and Professions Code   is amended to read: 
   2920.  (a) The Board of Psychology shall enforce and administer
this  chapter.   chapter and Chapter 6.7
(commencing with Section 2999.10).  The board shall consist of
nine members, four of whom shall be public members. 
   (b) On and after July 1, 2017, notwithstanding paragraph (a), the
board shall consist of 11 members, four of whom shall be public
members.  
   (b) 
    (   c)  This section shall remain in effect
only until January 1, 2017, and as of that date is  repealed,
unless a later enacted statute, that is enacted before January 1,
2017, deletes or extends that date.   repealed. 

   (c) 
    (d)  Notwithstanding any other  provision of
 law, the repeal of this section renders the board subject
to review by the appropriate policy committees of the Legislature.
   SEC. 3.    Section 2922 of the   Business
and Professions Code   is amended to read: 
   2922.   (a)    In appointing the members of the
board, except the public members, the Governor shall use his or her
judgment to select psychologists who represent, as widely as
possible, the varied professional interests of psychologists in
California. 
   The 
    (b)    The  Governor shall appoint two
of the public members and the five licensed members of the board
qualified as provided in Section 2923. The Senate  Rules
 Committee  on Rules  and the Speaker of the
Assembly shall each appoint a public  member, and their
initial appointment shall be made to fill, respectively, the first
and second public member vacancies which occur on or after January 1,
1983.   member.  
   (c) This section shall become inoperative on July 1, 2017, and, as
of January 1, 2018, is repealed. 
   SEC. 4.    Section 2922 is added to the  
Business and Professions Code   , to read:  
   2922.  (a)  In appointing the licensed members of the board, the
Governor shall use his or her judgment to select psychologists and
behavior analysts who represent, as widely as possible, the varied
professional interests of psychologists and behavior analysts in
California.
   (b) The Governor shall appoint two of the public members and the
seven licensed members of the board qualified as provided in Section
2923. The Senate Committee on Rules and the Speaker of the Assembly
shall each appoint a public member.
   (c) This section shall become operative on July 1, 2017. 
   SEC. 5.    Section 2923 of the   Business
and Professions Code   is amended to read: 
   2923.   (a)    Each member of the board shall
have all of the following qualifications: 
   (a) 
    (   1)  He or she shall be a resident of this
state. 
   (b) 
    (   2)  Each member appointed, except the
public members, shall be a licensed psychologist. 
   The 
    (b)     The  public members shall not
be licentiates of the board or of any board under this division or of
any board referred to in the Chiropractic Act or the Osteopathic
Act. 
   (c) This section shall become inoperative on July 1, 2017, and, as
of January 1, 2018, is repealed. 
   SEC. 6.    Section 2923 is added to the  
Business and Professions Code   , to read:  
   2923.  (a) Each member of the board shall be a resident of this
state.
   (b) Five members of the board shall be licensed as psychologists
under this chapter.
   (c) One member shall be licensed as a psychologist under this
chapter and shall be qualified to practice behavior analysis, as
defined in Section 2999.12, as follows:
   (1) For the first appointment after the operative date of this
section, the member shall hold a certificate as a certified behavior
analyst from a certifying entity, as defined in Section 2999.12.
   (2) For subsequent appointments, the member shall be licensed as a
behavior analyst under Chapter 6.7 (commencing with Section
2999.10).
   (d) One member shall be qualified to practice behavior analysis,
as defined in Section 2999.12, as follows:
   (1) For the first appointment after the operative date of this
section, the member shall hold a certificate as a certified behavior
analyst from a certifying entity, as defined in Section 2999.12.
   (2) For subsequent appointments, the member shall be licensed as a
behavior analyst under Chapter 6.7 (commencing with Section
2999.10).
   (e) The public members shall not be licentiates of the board or of
any board under this division or of any board referred to in the
Chiropractic Act or the Osteopathic Act.
   (f) This section shall become operative on July 1, 2017. 
   SEC. 7.    Section 2927 of the   Business
and Professions Code   is amended to read: 
   2927.   (a)    Five members of the board shall
at all times constitute a quorum. 
   (b) This section shall become inoperative on July 1, 2017, and, as
of January 1, 2018, is repealed. 
   SEC. 8.    Section 2927 is added to the  
Business and Professions Code   , to read:  
   2927.  (a) Six members of the board shall at all times constitute
a quorum.
   (b) This section shall become operative on July 1, 2017. 
   SEC. 9.    Chapter 6.7 (commencing with Section
2999.10) is added to Division 2 of the   Business and
Professions Code   , to read:  
      CHAPTER 6.7.  BEHAVIOR ANALYSTS



      Article 1.  General Provisions


   2999.10.  This chapter shall be known and may be cited as the
Behavior Analyst Act.
   2999.11.  (a) The Legislature finds and declares that the practice
of behavior analysis in California affects the public health,
safety, and welfare, and is subject to regulation to protect the
public from the unauthorized and unqualified practice of behavior
analysis, and unprofessional, unethical or harmful conduct by persons
licensed to practice behavior analysis.
   (b) It is the intent of the Legislature that the board begin
accepting applications for behavior analyst licensure and assistant
behavior analyst licensure no later than January 1, 2018, provided
that the funds necessary to implement this chapter have been
appropriated by the Legislature as specified in Section 2999.98.
   2999.12.  For purposes of this chapter, the following terms have
the following meanings:
   (a) "Board" means the Board of Psychology.
   (b) "Certifying entity" means the Behavior Analyst Certification
Board or its successor, or a national organization with a behavior
analyst certification program approved by the board and accredited by
the National Commission for Certifying Agencies.
   (c) "Committee" means the Behavior Analyst Committee.
   (d) "Department" means the Department of Consumer Affairs.
   (e) "Licensed assistant behavior analyst" means a person licensed
under this chapter to practice behavior analysis under the
supervision of a licensed behavior analyst and who meets the
requirements of Section 2999.33.
   (f) "Licensed behavior analyst" means a person licensed under this
chapter to practice behavior analysis and who meets the requirements
of Section 2999.31.
   (g) (1) "Practice of behavior analysis" or "to practice behavior
analysis" means the design, implementation, and evaluation of
instructional and environmental modifications to produce socially
significant improvements in human behavior and includes any of the
following:
   (A) The empirical identification of functional relations between
behavior and environmental factors, known as functional assessment
and analysis.
   (B) Interventions based on scientific research and the direct
observation and measurement of behavior and the environment.
   (C) Utilization of contextual factors, motivating operations,
antecedent stimuli, positive reinforcement, and other consequences to
help people develop new behaviors, increase or decrease existing
behaviors, and emit behaviors under specific environmental
conditions.
   (2) The practice of behavior analysis does not include
psychological testing, diagnosis of a mental or physical disorder,
neuropsychology, psychotherapy, cognitive therapy, sex therapy,
psychoanalysis, hypnotherapy, or counseling as treatment modalities.

      Article 2.  Administration


   2999.20.  (a) The Board of Psychology is vested with the power to
administer the provisions and requirements of this chapter, and may
make and enforce rules and regulations that are reasonably necessary
to carry out its provisions.
   (b) This section shall remain in effect only until January 1,
2021, and as of that date is repealed. Notwithstanding any other law,
the repeal of this section renders the board subject to review by
the appropriate policy committees of the Legislature.
   2999.21.  Protection of the public shall be the highest priority
for the board in exercising its licensing, regulatory, and
disciplinary functions pursuant to this chapter. Whenever the
protection of the public is inconsistent with other interests sought
to be promoted, the protection of the public shall be paramount.
   2999.22.  Upon recommendation of the committee, the board shall
adopt, amend, and repeal regulations to implement the requirements of
this chapter. All regulations adopted by the board shall comply with
the provisions of Chapter 3.5 (commencing with Section 11340) of
Part 1 of Division 3 of Title 2 of the Government Code.
   2999.23.  The board may employ, subject to civil service and other
laws, employees as may be necessary to carry out the provisions of
this chapter under the direction of the executive officer of the
board.
   2999.24.  The board shall maintain, and make available to the
public, a list of all licensees. The board shall make available on
its Internet Web site information regarding the status of every
license issued by the board under this chapter pursuant to Section
27.
   2999.25.  (a) The Behavior Analyst Committee is hereby created
within the jurisdiction of the board to protect the public from the
unauthorized and unqualified practice of applied behavior analysis,
and unprofessional, unethical, or harmful conduct by persons licensed
to practice behavior analysis.
   (b) The committee shall consist of five members. Two members shall
be licensed behavior analysts. One member shall be a psychologist
licensed under Chapter 6.6 (commencing with Section 2900) who is also
a member of the Board of Psychology and who holds a license as a
behavior analyst. One member shall be a licensed assistant behavior
analyst. One member shall be a public member who is a consumer of
behavior analysis services and who is not licensed under this
chapter, under any chapter within this division, or by any board
referred to in the Chiropractic Act or the Osteopathic Act.
   (c) The Governor shall appoint one licensed behavior analyst
member, the licensed psychologist member, and the licensed assistant
behavior analyst member. The Senate Committee on Rules shall appoint
the public member, and the Speaker of the Assembly shall appoint one
licensed behavior analyst member.
   (d) Notwithstanding subdivisions (b) and (c), the initially
appointed members of the committee shall be appointed as follows:
   (1) The initial members appointed by the Governor shall be as
follows:
   (A) One member shall hold a certificate as a certified behavior
analyst from a certifying entity and shall serve an initial term of
one year.
   (B) One member shall hold a certificate as a certified assistant
behavior analyst from a certifying entity and shall serve an initial
term of two years.
   (C) One member shall be a licensed psychologist who holds a
certificate as a certified behavior analyst from a certifying entity
and shall serve an initial term of three years.
   (2) The initial member appointed by the Senate Committee on Rules
shall serve a term of four years.
   (3) The initial member appointed by the Speaker of the Assembly
shall hold a certificate as a certified behavior analyst from a
certifying entity and shall serve an initial term of four years.
   (e) Except as provided in paragraph (d), each member of the
committee shall hold office for a term of four years, and shall serve
until the appointment of his or her successor or until one year has
elapsed since the expiration of the term for which he or she was
appointed, whichever occurs first. Vacancies shall be filled by the
appointing power for the unexpired portion of the terms in which they
occur. A member shall not serve for more than two consecutive terms.

   (f) All terms shall begin on July 1 and expire on June 30.
   (g) Each member of the committee shall receive per diem and
expenses as provided in Sections 103 and 113.
   (h) Three members of the committee shall at all times constitute a
quorum.
   (i) This section shall become operative on July 1, 2017.
   (j) This section shall remain in effect only until January 1,
2021, and as of that date is repealed. Notwithstanding any other law,
the repeal of this section renders the committee subject to review
by the appropriate policy committees of the Legislature.
   2999.26.  The committee shall do all of the following:
   (a) Meet at least once per quarter. All meetings of the committee
shall be public meetings. Notice of each regular meeting of the board
shall be given in accordance with the Bagley-Keene Open Meeting Act
(Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of
Division 3 of Title 2 of the Government Code).
   (b) Committee meetings may be called upon reasonable notice at the
discretion of the chair, and shall be called at any time upon
reasonable notice by a written request of two committee members to
the chair.
   (c) The committee shall elect a chair and a vice chair from among
its members at the first meeting held in each fiscal year. The chair
shall preside at all meetings of the committee and shall work with
the executive officer of the board to coordinate the committee's
business. If the chair is unable to attend a meeting, the vice chair
shall preside at the meeting.
   2999.27.  (a) The committee may make recommendations to the board
regarding licensing and practice standards.
   (b) The committee may make recommendations to the board regarding
the adoption, amendment, and repeal of regulations to implement the
requirements of this chapter including, but not limited to, the
setting of fees and the establishment of disciplinary actions.
   2999.28.  Any action taken by the committee under this chapter
shall only be effective after adoption by majority vote of the
members of the committee and after adoption by a majority vote of the
members of the board.

      Article 3.  Licensing


   2999.30.  To qualify for licensure as a licensed behavior analyst
or a licensed assistant behavior analyst, each applicant shall meet
the board's regulatory requirements for behavior analyst or assistant
behavior analyst licensure, as applicable, including all of the
following:
   (a) The applicant has not committed acts or crimes constituting
grounds for denial of licensure under Section 480.
   (b) The board shall not issue a license or registration to any
person who has been convicted of a crime in this state, or another
state, or in a territory of the United States that involves sexual
abuse of a child, or who is required to register pursuant to Section
290 of the Penal Code or the equivalent in another state or
territory.
   (c) The applicant has successfully passed a state and federal
level criminal offender record information search conducted through
the Department of Justice, as follows:
   (1) The board shall direct applicants to electronically submit to
the Department of Justice fingerprint images and related information
required by the Department of Justice for the purpose of obtaining
information as to the existence and content of a record of state and
federal level convictions and arrests and information as to the
existence and content of a record of state or federal level arrests
for which the Department of Justice establishes that the person is
free on bail or on his or her own recognizance pending trial or
appeal.
   (2) The Department of Justice shall forward the fingerprint images
and related information received pursuant to paragraph (1) to the
Federal Bureau of Investigation and request a federal summary for
criminal history information.
   (3) The Department of Justice shall review the information
returned from the Federal Bureau of Investigation and compile and
disseminate a response to the board pursuant to paragraph (1) of
subdivision (p) of Section 11105 of the Penal Code.
   (4) The board shall request from the Department of Justice
subsequent arrest notification service, pursuant to Section 11105.2
of the Penal Code, for each person who submitted information pursuant
to paragraph (1).
   (5) The Department of Justice shall charge a fee sufficient to
cover the cost of processing the request described in this section.
   2999.31.  (a) To obtain a license as a behavior analyst, an
individual shall submit an application on a form approved by the
board accompanied by the fees required by the board as specified in
Section 2999.93.
   (b) The board shall verify with the certifying entity that the
applicant meets all of the following requirements:
   (1) Has passed the Board Certified Behavior Analyst examination
administered by the Behavior Analyst Certification Board.
   (2) Maintains an active status as a certified behavior analyst
with the certifying entity.
   (3) Is in compliance with all ethical and disciplinary standards
published by the certifying entity.
   (c) Each applicant shall obtain a passing score on a California
law and ethics examination administered by the board.
   2999.32.  (a) In order for an individual to be licensed as a
behavior analyst under this chapter, he or she shall possess a master'
s degree or higher level of education from an institution, which
meets the requirements described in Section 2999.35, that was
conferred in behavior analysis or other natural science, education,
human services, engineering, medicine, or a field related to behavior
analysis and approved by the certifying entity.
   (b) In addition to subdivision (a), an individual shall meet one
of the following in order to be licensed under this chapter:
   (1) An individual shall have completed both of the following:
   (A) Completed 270 hours of classroom graduate-level instruction in
the following content areas:
   (i) Ethical and professional conduct coursework consisting of 45
hours. The content must be taught in one or more freestanding courses
devoted to ethical and professional conduct of behavior
                                  analysts.
   (ii) Concepts and principles of behavior analysis consisting of 45
hours.
   (iii) Research methods in behavior analysis, consisting of 25
hours of measurement, including data analysis, and 20 hours of
experimental design.
   (iv) Applied behavior analysis, consisting of 45 hours of
fundamental elements of behavior change and specific behavior change
procedures, 30 hours of identification of the problem and assessment,
10 hours of intervention and behavior change considerations, 10
hours of behavior change systems, and 10 hours of implementation,
management and supervision.
   (v) Discretionary coursework in behavior analysis consisting of 30
hours.
   (B) Obtained experience by any of the following:
   (i) Completed 1,500 hours of independent field work in behavior
analysis supervised in accordance with the requirements of the
certifying entity.
   (ii) Completed, with a passing grade, 1,000 hours of supervised
practicum in behavior analysis within a university practicum approved
by the certifying entity and taken for graduate academic credit.
   (iii) Completed, with a passing grade, 750 hours of supervised
intensive practicum in behavior analysis within a university
practicum approved by the certifying entity and taken for graduate
academic credit.
   (iv) Completed a combination of the supervised experience in
clause (i), (ii), or (iii). Hours may be completed in any combination
of the categories of supervised experience. Hours accrued through a
combination of supervised experience shall be proportionately
calculated.
   (2) An individual shall have done both of the following:
   (A) Completed one academic year as a full-time faculty appointment
at a college or university, as described in Section 2999.35, during
which he or she did all of the following:
   (i) Taught classes on basic principles of behavior, single-subject
research methods, applications of basic principles of behavior in
applied settings, and ethical issues.
   (ii) Conducted and published research in behavior analysis.
   (B) Obtained experience by any of the following:
   (i) Completed 1,500 hours of independent field work in behavior
analysis supervised in accordance with the requirements of the
certifying entity.
   (ii) Completed, with a passing grade, 1,000 hours of supervised
practicum in behavior analysis within a university practicum approved
by the certifying entity and taken for graduate academic credit.
   (iii) Completed, with a passing grade, 750 hours of supervised
intensive practicum in behavior analysis within a university
practicum approved by the certifying entity and taken for graduate
academic credit.
   (iv) Completed a combination of the supervised experience in
clause (i), (ii), or (iii). Hours may be completed in any combination
of the categories of supervised experience. Hours accrued through a
combination of supervised experience shall be proportionately
calculated.
   (3) An individual shall have both of the following:
   (i) A doctoral degree, conferred at least 10 years prior to the
date of application in the field of behavior analysis, psychology,
education, or a related field approved by the certifying entity.
   (ii) Ten years of verified and documented postdoctoral experience
practicing behavior analysis.
   (c) If an individual is certified by a certifying entity whose
requirements for initial certification as a certified behavior
analyst at the time of license application meet or surpass the
requirements in subdivisions (a) and (b), the applicant for licensure
shall be deemed to have satisfied the requirements in subdivisions
(a) and (b).
   2999.33.  (a) To obtain a license as an assistant behavior
analyst, an individual shall submit an application on a form approved
by the board accompanied by the fees required by the board as
specified in Section 2999.93.
   (b) The board shall verify with the certifying entity that the
applicant meets all of the following requirements:
   (1) Has passed the Board Certified Assistant Behavior Analyst
examination administered by the certifying entity.
   (2) Maintains an active status as a board certified assistant
behavior analyst with the certifying entity.
   (3) Is in compliance with all ethical and disciplinary standards
published by the certifying entity.
   (c) Each applicant shall obtain a passing score on a California
law and ethics examination administered by the board.
   (d) Each applicant shall provide proof of ongoing supervision by a
licensed behavior analyst in a manner consistent with the certifying
entity's requirements for supervision of assistant behavior
analysts.
   2999.34.  (a) In order for an individual to be licensed as an
assistant behavior analyst under this chapter, he or she shall
possess a baccalaureate degree or higher level of education from an
institution that meets the requirements described in Section 2999.35.

   (b) In addition to subdivision (a), an individual shall meet both
of the following in order to be licensed under this chapter:
   (1) Completed 180 classroom hours of undergraduate or graduate
level instruction in the following content areas:
   (A) Ethical and professional conduct coursework of behavior
analysis consisting of 15 hours.
   (B) Concepts and principles of behavior analysis consisting of 45
hours.
   (C) Research methods in behavior analysis, consisting of 10 hours
of measurement, including data analysis, and five hours of
experimental design.
   (D) Applied behavior analysis, consisting of 45 hours of
fundamental elements of behavior change and specific behavior change
procedures, 30 hours of identification of the problem and assessment,
five hours of intervention and behavior change considerations, five
hours of behavior change systems, and five hours of implementation,
management and supervision.
   (E) Discretionary coursework in behavior analysis consisting of 15
hours.
   (2) Obtained experience by any of the following:
   (A) Completed 1,000 hours of independent field work in behavior
analysis supervised in accordance with the requirements of the
certifying entity.
   (B) Completed, with a passing grade, 670 hours of supervised
practicum in behavior analysis within a university practicum approved
by the certifying entity and taken for academic credit.
   (C) Completed, with a passing grade, 500 hours of supervised
intensive practicum in behavior analysis within a university
practicum approved by the certifying entity and taken for academic
credit.
   (D) Completed a combination of the supervised experience in
paragraph (A), (B), or (C). Hours may be completed in any combination
of the categories of supervised experience. Hours accrued through a
combination of supervised experience shall be proportionately
calculated.
   (c) If an individual is certified by a certifying entity whose
requirements for initial certification as a certified assistant
behavior analyst at the time of license application meet or surpass
the requirements in subdivisions (a) and (b), the applicant for
licensure shall be deemed to have satisfied the requirements in
subdivisions (a) and (b).
   2999.35.  The education required to obtain a behavior analyst
license or an assistant behavior analyst license shall be from any of
the following:
   (a) A United States institution of higher education listed by the
Council for Higher Education Accreditation.
   (b) A Canadian institution of higher education that is a member of
the Association of Universities and Colleges of Canada or the
Association of Canadian Community Colleges.
   (c) An institution of higher education located outside the United
States or Canada that, at the time the applicant was enrolled and at
the time the applicant graduated, maintained a standard of training
equivalent to the standards of training of those institutions
accredited in the United States as demonstrated by a member of the
National Association of Credential Evaluation Services.
   2999.36.  On and after January 1, 2018, it shall be unlawful for
any person to engage in any of the following acts:
   (a) Engage in the practice of behavior analysis, as defined in
Section 2999.12 , without first having complied with the provisions
of this chapter and without holding a current, valid, and active
license as required by this chapter.
   (b) Represent himself or herself by the title "licensed behavior
analyst," or "licensed assistant behavior analyst" without being duly
licensed according to the provisions of this chapter.
   (c) Make any use of any title, words, letters, or abbreviations
that may reasonably be confused with a designation provided by this
chapter to denote a standard of professional or occupational
competence without being duly licensed.
   (d) Materially refuse to furnish the board information or records
required or requested pursuant to this chapter.
   2999.37.  This chapter does not apply to any of the following:
   (a) An individual licensed to practice psychology in this state
under Chapter 6.6 (commencing with Section 2900), if the practice of
behavior analysis engaged in by the licensed psychologist is within
the licensed psychologist's training and competence.
   (b) An occupational therapist licensed under Chapter 5.6
(commencing with Section 2570), a physical therapist licensed under
Chapter 5.7 (commencing with Section 2600), a marriage and family
therapist licensed under Chapter 13 (commencing with Section 4980) or
an educational psychologist licensed under Chapter 13.5 (commencing
with Section 4980.10) acting within his or her licensed scope of
practice and within the scope of his or her training and competence,
provided that he or she does not represent himself or herself as a
licensed behavior analyst or licensed assistant behavior analyst.
   (c) An individual, including a paraprofessional technician, acting
under the authority and direction of a licensed behavior analyst, a
licensed assistant behavior analyst, or an individual described in
paragraph (a) or (b).
   (d) A family member of a recipient of behavior analysis services
who acts under the extended authority and direction of a licensed
behavior analyst or a licensed assistant behavior analyst.
   (e) A matriculated college or university student who practices
behavior analysis as a part of a defined program of study, course,
practicum, internship, or postdoctoral fellowship, provided that the
behavior analysis activities are directly supervised by a licensed
behavior analyst or by an instructor in a course sequence approved by
the certifying entity.
   (f) An unlicensed individual pursuing supervised experience in
behavior analysis consistent with the experience requirements of the
certifying entity, provided such experience is supervised in
accordance with the requirements of the certifying entity.
   (g) An individual who teaches behavior analysis or conducts
behavior analytic research, provided that such teaching or research
does not involve the direct delivery of behavior analysis services.
   (h) A behavior analyst licensed in another state or certified by
the certifying entity to practice independently, and who temporarily
provides behavior analysis services in California during a period of
not more than 90 days in a calendar year.
   (i) An individual who is vendorized by one or more regional
centers of the California Department of Developmental Services while
practicing behavior analysis services authorized under that
vendorization. That individual shall not represent himself or herself
as a licensed behavior analyst or licensed assistant behavior
analyst unless he or she holds a license under this chapter, and
shall not offer behavior analysis services to any person or entity
other than the regional centers with which he or she is vendorized or
accept remuneration for providing behavior analysis services other
than the remuneration received from those regional centers.
   (j) An individual employed by a school board performing the duties
of his or her position, provided that he or she shall only offer
behavior analysis services within the scope of that employment by the
school board.
   2999.40.  (a) The board shall issue a license to a person who is
licensed as a behavior analyst or an assistant behavior analyst in
another state, if that state currently imposes comparable licensure
requirements as those required by this state and if that state offers
reciprocity to individuals licensed under this chapter. Applicants
for a license under reciprocity shall submit an application on a form
approved by the board accompanied by the fees required by the board
as specified in Section 2999.93. Each applicant shall complete any
other eligibility requirements established by the board, including,
but not limited to, the criminal background check required by Section
2999.30.
   (b) The board shall verify that the applicant meets all of the
following:
   (1) Holds an active license as a licensed behavior analyst or
licensed assistant behavior analyst in another state.
   (2) Is not subject to any disciplinary action by another state or
certifying entity.
   (3) Maintains an active status as board certified behavior analyst
or board certified assistant behavior analyst with the certifying
entity.
   (4) Is in compliance with all ethical and disciplinary standards
published by the certifying entity.
   (c) Each applicant shall obtain a passing score on a California
law and ethics examination administered by the board.
   2999.41.  A licensee shall give written notice to the board of a
name change within 30 days after each change, giving both the old and
new names. A copy of the legal document authorizing the name change,
such as a court order or marriage certificate, shall be submitted
with the notice.
   2999.44.  (a) A license shall expire and become invalid two years
after it is issued at 12 midnight on the last day of the month in
which it was issued, if not renewed.
   (b) To renew an unexpired license, the licensee shall, on or
before the date on which it would otherwise expire, apply for renewal
on a form provided by the board, accompanied by the renewal fee set
by the board. The board shall obtain verification from the certifying
entity that the renewal applicant maintains an active certification
status with the certifying entity.
   (c) To renew an assistant behavior analyst license, in addition to
the requirements in paragraph (b), the licensee shall submit proof
of ongoing supervision by a licensed behavior analyst in a manner
consistent with the certifying entity's requirements for supervision
of assistant behavior analysts.
   2999.45.  (a) A license that has expired may be renewed at any
time within three years after its expiration by applying for renewal
on a form provided by the board, payment of all accrued and unpaid
renewal fees, and the delinquency fee specified in Section 2999.93.
The board shall obtain verification from the certifying entity of the
licensee's active certification status with the certifying entity.
   (b) Except as provided in Section 2999.46, a license that is not
renewed within three years of its expiration shall not be renewed,
restored, or reinstated, and the license shall be canceled
immediately upon expiration of the three year-period.
   2999.46.  (a) A suspended license is subject to expiration and
shall be renewed as provided in this article, but such renewal does
not entitle the licensee, while the license remains suspended, and
until it is reinstated, to engage in the licensed activity or in any
other activity or conduct in violation of the order or judgment by
which the license was suspended.
   (b) A license revoked on disciplinary grounds is subject to
expiration as provided in this article, but it may not be renewed. If
it is reinstated after its expiration, the licensee, as a condition
of reinstatement, shall pay a reinstatement fee in an amount equal to
the renewal fee, plus the delinquency fee and any fees accrued at
the time of its revocation.

      Article 4.  Enforcement


   2999.60.  The board may on its own, and shall, upon the receipt of
a complaint from any person, investigate the actions of any
licensee. The board shall review a licensee's alleged violation of
statute, regulation, or any other law and any other complaint
referred to it by the public, a public agency, or the department, and
may upon a finding of a violation take disciplinary action under
this article.
   2999.61.  A license issued under this chapter may be denied,
revoked, or otherwise sanctioned upon demonstration of ineligibility
for licensure, including, but not limited to, failure to maintain
active certification by the certifying entity or falsification of
documentation submitted to the board for licensure or submitted to
the certifying authority for certification.
   2999.62.  The board may deny a license application, may issue a
license with terms and conditions, may suspend or revoke a license,
or may place a license on probation if the applicant or licensee has
been guilty of unprofessional conduct. Unprofessional conduct shall
include, but not be limited to:
   (a) Conviction of a crime substantially related to the
qualifications, functions, or duties of a licensed behavior analyst
or a licensed assistant behavior analyst.
   (b) Use of any controlled substance as defined in Division 10
(commencing with Section 11000) of the Health and Safety Code,
dangerous drug, or any alcoholic beverage to an extent or in a manner
dangerous to himself or herself, any other person, or the public, or
to an extent that this use impairs his or her ability to safely
perform the practice of behavior analysis.
   (c) Fraudulently or neglectfully misrepresenting the type or
status of a license actually held.
   (d) Impersonating another person holding a license or allowing
another person to use his or her license.
   (e) Use of fraud or deception in applying for a license or in
passing any examination required by this chapter.
   (f) Paying, offering to pay, accepting, or soliciting any
consideration, compensation, or remuneration, whether monetary or
otherwise, for the referral of clients.
   (g) Violating Section 17500.
   (h) Willful, unauthorized communication of information received in
professional confidence.
   (i) Violating any rule of professional conduct promulgated by the
board and set forth in regulations duly adopted under this chapter.
   (j) Being grossly negligent in the practice of his or her
profession.
   (k) Violating any of the provisions of this chapter or regulations
duly adopted thereunder.
   (l) The aiding or abetting of any person to engage in the unlawful
practice of behavior analysis.
   (m) The suspension, revocation, or imposition of probationary
conditions or other disciplinary action by another state or country
of a license, certificate, or registration to practice behavior
analysis issued by that state or country to a person also holding a
license issued under this chapter if the act for which the
disciplinary action was taken constitutes a violation of this
section. A certified copy of the decision or judgment of the other
state or country shall be conclusive evidence of that action.
   (n) The commission of any dishonest, corrupt, or fraudulent act.
   (o) Any act of sexual abuse or sexual relations with a patient or
former patient within two years following termination of therapy, or
sexual misconduct that is substantially related to the
qualifications, functions, or duties of a licensed behavior analyst
or a licensed assistant behavior analyst.
   (p) Functioning outside of his or her particular field or fields
of competence as established by his or her education, training, and
experience.
   (q) Willful failure to submit, on behalf of an applicant for
licensure, verification of supervised experience to the board.
   (r) Repeated acts of negligence.
   (s) Failure to comply with all ethical and disciplinary standards
published by the certifying entity.
   2999.63.  (a) Except as provided in subdivisions (b), (c), and
(e), any accusation filed against a licensee pursuant to Section
11503 of the Government Code shall be filed within three years from
the date the board discovers the alleged act or omission that is the
basis for disciplinary action, or within seven years from the date
the alleged act or omission that is the basis for disciplinary action
occurred, whichever occurs first.
   (b) An accusation filed against a licensee pursuant to Section
11503 of the Government Code alleging the procurement of a license by
fraud or misrepresentation is not subject to the limitations set
forth in subdivision (a).
   (c) The limitation provided for by subdivision (a) shall be tolled
for the length of time required to obtain compliance when a report
required to be filed by the licensee or registrant with the board
pursuant to Article 11 (commencing with Section 800) of Chapter 1 is
not filed in a timely fashion.
   (d) If an alleged act or omission involves a minor, the seven-year
limitations period provided for by subdivision (a) and the 10-year
limitations period provided for by subdivision (e) shall be tolled
until the minor reaches the age of majority.
   (e) An accusation filed against a licensee pursuant to Section
11503 of the Government Code alleging sexual misconduct shall be
filed within three years after the board discovers the act or
omission alleged as the ground for disciplinary action, or within 10
years after the act or omission alleged as the ground for
disciplinary action occurs, whichever occurs first.
   (f) The limitations period provided by subdivision (a) shall be
tolled during any period if material evidence necessary for
prosecuting or determining whether a disciplinary action would be
appropriate is unavailable to the board due to an ongoing criminal
investigation.
   2999.64.  Notwithstanding Section 2999.62, any proposed decision
or decision issued under this chapter in accordance with the
procedures set forth in Chapter 5 (commencing with Section 11500) of
Part 1 of Division 3 of Title 2 of the Government Code that contains
any finding of fact that the licensee engaged in any act of sexual
contact, as defined in Section 728, when that act is with a patient,
or with a former patient, within two years following termination of
services, shall contain an order of revocation. The revocation shall
not be stayed by the administrative law judge.
   2999.66.  The board may deny an application for, or issue subject
to terms and conditions, or suspend or revoke, or impose probationary
conditions upon, a license or registration after a hearing as
provided in Section 2999.70.
   2999.67.  A plea or verdict of guilty or a conviction following a
plea of nolo contendere made to a charge which is substantially
related to the qualifications, functions, and duties of a licensed
behavior analyst or licensed assistant behavior analyst is deemed to
be a conviction within the meaning of this article. The board may
order the license suspended or revoked, or may decline to issue a
license when the time for appeal has elapsed, the judgment of
conviction has been affirmed on appeal, or when an order granting
probation is made suspending the imposition of sentence, irrespective
of a subsequent order under Section 1203.4 of the
                             Penal Code allowing the person to
withdraw his or her plea of guilty and to enter a plea of not guilty,
or setting aside the verdict of guilty, or dismissing the
accusation, information, or indictment.
   2999.68.  Any person required to register as a sex offender
pursuant to Section 290 of the Penal Code, is not eligible for
licensure by the board.
   2999.69.  An administrative disciplinary decision that imposes
terms of probation may include, among other things, a requirement
that the licensee who is being placed on probation pay the monetary
costs associated with monitoring the probation.
   2999.70.  The proceedings under this article shall be conducted by
the board in accordance with Chapter 5 (commencing with Section
11500) of Part 1 of Division 3 of Title 2 of the Government Code.
   2999.80.  A person who violates any of the provisions of this
chapter is guilty of a misdemeanor punishable by imprisonment in a
county jail not exceeding six months or by a fine not exceeding two
thousand five hundred dollars ($2,500), or by both that fine and
imprisonment.
   2999.81.  In addition to other proceedings provided in this
chapter, whenever any person has engaged, or is about to engage, in
any acts or practices that constitute, or will constitute, an offense
against this chapter, the superior court in and for the county
wherein the acts or practices take place, or are about to take place,
may issue an injunction or other appropriate order restraining that
conduct on application of the board, the Attorney General, or the
district attorney of the county. Proceedings under this section shall
be governed by Chapter 3 (commencing with Section 525) of Title 7 of
Part 2 of the Code of Civil Procedure, except that it shall be
presumed that there is no adequate remedy at law and that irreparable
damage will occur if the continued violation is not restrained or
enjoined. On the written request of the board, or on its own motion,
the board may commence an action in the superior court under this
section.

      Article 5.  Revenue


   2999.90.  The board shall report each month to the Controller the
amount and source of all revenue received pursuant to this chapter
and at the same time deposit the entire amount thereof in the State
Treasury for credit to the Psychology Fund established by Section
2980.
   2999.91.  (a) The moneys credited to the Psychology Fund under
Section 2999.90 shall, upon appropriation by the Legislature, be used
for the purposes of carrying out and enforcing the provisions of
this chapter.
   (b) The board shall keep records that will reasonably ensure that
funds expended in the administration of each licensing category bear
a reasonable relation to the revenue derived from each category, and
shall so notify the department no later than May 31 of each year.
   2999.93.  The board shall assess fees for the application for and
the issuance and renewal of licenses to cover, but not exceed,
administrative and operating expenses of the board related to this
chapter. The fees shall be fixed by the board in regulations that are
duly adopted under this chapter. Fees assessed pursuant to this
section shall not exceed the following:
   (a) The fee for the application for licensure shall be not more
than ____ dollars ($____).
   (b) The fee for the law and ethics examination shall be not more
than ____ dollars ($____).
   (c) The fee for the issuance of a license shall be not more than
____ dollars ($____).
   (d) The fee for a biennial renewal of a license shall be not more
than ____ dollars ($____).
   (e) The delinquency fee shall be 50 percent of the biennial
renewal fee.
   (f) The fee for rescoring an examination shall be twenty dollars
($20).
   (g) The fee for issuance of a replacement license shall be twenty
dollars ($20).
   (h) The fee to change a name or address on the board's records
shall be twenty dollars ($20).
   (i) The fee for issuance of a certificate or letter of good
standing shall be twenty-five dollars ($25).
   2999.94.  (a) A person licensed under this chapter is exempt from
the payment of the renewal fee in any one of the following instances:

   (1) While engaged in full-time active service in the Army, Navy,
Air Force, or Marines.
   (2) While in the United States Public Health Service.
   (3) While a volunteer in the Peace Corps or Vista.
   (b) Every person exempted from the payment of the renewal fee by
this section shall not engage in any private practice and shall
become liable for the fee for the current renewal period upon the
completion of his or her period of full-time active service and shall
have a period of 60 days after becoming liable within which to pay
the fee before the delinquency fee becomes applicable. Any person who
completes his or her period of full-time active service within 60
days of the end of a renewal period is exempt from the payment of the
renewal fee for that period.
   (c) The time spent in that full-time active service or full-time
training and active service shall not be included in the computation
of the three-year period for renewal of an expired license specified
in Section 2999.45.
   (d) The exemption provided by this section shall not be applicable
if the person engages in any practice for compensation other than
full-time service in the Army, Navy, Air Force or Marines or in the
United States Public Health Service or the Peace Corps or Vista.
   2999.98.  The licensing and regulatory program under this chapter
shall be supported from fees assessed to applicants and licensees.
Startup funds to implement this program shall be derived, as a loan,
from the reserve fund of the Board of Psychology, subject to an
appropriation by the Legislature in the annual Budget Act. The board
shall not implement this chapter until funds have been appropriated.

   SEC. 10.    No reimbursement is required by this act
pursuant to Section 6 of Article XIII B of the California
Constitution because the only costs that may be incurred by a local
agency or school district will be incurred because this act creates a
new crime or infraction, eliminates a crime or infraction, or
changes the penalty for a crime or infraction, within the meaning of
Section 17556 of the Government Code, or changes the definition of a
crime within the meaning of Section 6 of Article XIII B of the
California Constitution.  
  SECTION 1.    It is the intent of the legislature
to enact legislation to license and regulate the profession of
applied behavioral analysis.