Text Size - Small Medium Large


Printer Friendly Version

CALIFORNIA

BOARD OF PSYCHOLOGY

LAWS AND

REGULATIONS

2019 EDITION

1625 North Market Blvd., Suite N-215

Sacramento, CA 95834

Statutes Include Amendments Through all 1016 chapters of the

2018 Regular Session of the 2017-2018 California Legislature.

Regulations Current Through December 14, 2018

Edmund G. Brown Jr.

Governor

State of California

Department of

Consumer Affairs

ISBN: 978-1-5221-7362-5

©2019 Matthew Bender & Company, Inc., a member of the LexisNexis Group.

All rights reserved.

LexisNexis and the Knowledge Burst logo are registered trademarks, and Michie is a

trademark of Reed Elsevier Properties Inc., used under license. Matthew Bender is a

registered trademark of Matthew Bender Properties Inc.

Matthew Bender & Company, Inc.

Editorial Offices

701 E. Water Street

Charlottesville, VA 22902

800-446-3410

www.lexisnexis.com

(Pub. 29670)

QUESTIONS ABOUT THIS PUBLICATION?

For CUSTOMER SERVICE ASSISTANCE concerning replacement pages,

shipments, billing, reprint permission, or other matters,

please contact Customer Support at our self-service portal available 24/7

at support.lexisnexis.com/print or call us at 800-833-9844

For EDITORIAL content questions concerning this publication,

please email: LLP.CLP@lexisnexis.com

For information on other LEXISNEXIS MATTHEW BENDER publications,

please call us at 800-223-1940

or visit our online bookstore at www.lexisnexis.com/bookstore

The California regulations appearing in this publication have been extracted from

Barclays Official California Code of Regulations, copyright © 2015, State of California.

This material may not be commercially reproduced or sold in printed or electronic form

without written permission of Thomson/West, and is subject to the following disclaimer:

THOMSON/WEST MAKES NO WARRANTY OR REPRESENTATION WHATSOEVER,

EXPRESS OR IMPLIED, WITH RESPECT TO THE MERCHANTABILITY OR

FITNESS FOR ANY PARTICULAR PURPOSE WITH RESPECT TO THE INFORMATION

CONTAINED IN THIS PUBLICATION; AND

THOMSON/WEST ASSUMES NO LIABILITY WHATSOEVER WITH RESPECT TO

ANY USE OF THIS PUBLICATION OR ANY PORTION THEREOF OR WITH RESPECT

TO ANY DAMAGES WHICH MAY RESULT FROM SUCH USE

MISSION STATEMENT

OUR MISSION

The Board of Psychology advances quality

psychological services for Californians by

ensuring ethical and legal practice and

supporting the evolution of the profession.

PREFACE

LexisNexis is pleased to offer to the psychology community the 2019 edition

of California Board of Psychology Laws and Regulations. This volume is a

compilation of selected laws and regulations that affect the psychology profession.

It is fully up to date with statutes enacted up to and including all 1016 chapters of

the 2018 Regular Session of the 2017-2018 California Legislature, and regulations

through December 14, 2018.

Included herein is a Table of Sections Affected which may be utilized

to facilitate research into recently enacted legislation affecting these Codes.

Through the use of state-of-the-art computer software, attorney editors have

updated the comprehensive descriptive word index with the enactments of the

2019 legislature.

We publish a number of California Codes as well as National and state

law enforcement titles for more than 30 states. Please reference our web site

at www.lexisnexis.com or contact our customer service department for more

information on any of our products.

LexisNexis remains committed to utilizing technological advances to

assist legal researchers. The California Codes are now available in an eBook

format allowing users to access instantly the text of a statute, bookmark,

highlight, enter notes, and utilize enhanced searches. LexisAdvance users may

also link directly to case material. For more information concerning California

eBooks, please call our Customer Service department toll-free at 1-800-833-

9844."

We are committed to providing legal professionals with the most

comprehensive, current and useful publications possible. If you have comments

and suggestions, please write to California Codes Editor, LexisNexis, 701 E.

Water Street Charlottesville, VA 22902; call us toll-free at 1-800-833-9844;

or E-mail us at llp.clp@lexisnexis.com. By providing us with your informed

comments, you will be assured of having available a working tool which increases

in value each year.

Visit the LexisNexis Internet home page at http://www.lexisnexis.com

for an online bookstore, technical support, customer service, and other company

information.

February 2019

Table of Contents

PAGE

Table of Sections Affected by 2018 Legislation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . xiii

Table of Regulations Affected by 2018 Legislation . . . . . . . . . . . . . . . . . . . . . . . . xvii

BUSINESS AND PROFESSIONS CODE

GENERAL PROVISIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1

Division 1. Department of Consumer Affairs

Chapter 1. The Department . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19

Chapter 1.5. Unlicensed Activity Enforcement . . . . . . . . . . . . . . . . . . . . . . 32

Chapter 2. The Director of Consumer Affairs . . . . . . . . . . . . . . . . . . . . . . . . 32

Chapter 4. Consumer Affairs

Article 6. Information. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36

Division 1.5. Denial, Suspension and Revocation of Licenses

Chapter 1. General Provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37

Chapter 2. Denial of Licenses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38

Chapter 3. Suspension and Revocation of Licenses . . . . . . . . . . . . . . . . . 47

Chapter 4. Public Reprovals. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59

Chapter 5. Examination Security. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60

Division 2. Healing Arts

Chapter 1. General Provisions

Article 4. Frauds of Medical Records . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60

Article 6. Unearned Rebates, Refunds, and Discounts. . . . . . . . . . . 62

Article 7.5. Health Care Practitioners. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71

Article 9. Inactive License. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74

Article 10.5. Unprofessional Conduct. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75

Article 11. Professional Reporting. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80

Article 12. Insurance Fraud . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94

Article 12.5. Mental Illness or Physical Illness . . . . . . . . . . . . . . . . . . . 96

Article 15. Sexual Orientation Change Efforts . . . . . . . . . . . . . . . . . . . . 98

Chapter 1.5. Exemption from Licensure. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99

Chapter 5. Medicine

Article 12. Enforcement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101

Chapter 6.6. Psychologists

Article 1. General Provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102

Article 2. Administration. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 116

Article 3. License . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 121

Article 4. Denial, Suspension and Revocation. . . . . . . . . . . . . . . . . . . . . 123

Article 5. Penalties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 131

Article 7. Revenue. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 132

Article 9. Psychological Corporations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 137

Chapter 9. Pharmacy

Article 2. Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 139

vii

PAGE

Division 7. General Business Regulations

Part 3. Representations to the Public

Chapter 1. Advertising

Article 1. False Advertising in General . . . . . . . . . . . . . . . . . . . . . . . . . . . . 140

Article 2. Particular Offenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 143

CALIFORNIA CODE OF REGULATIONS

Title 16. Professional and Vocational Regulations

Division 13.1. Board of Psychology

Article 1. General Provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 145

Article 2. Applications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 147

Article 3. Education and Experience . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 151

Article 4. Examination. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 167

Article 5. Registered Psychologists. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 171

Article 5.1. Psychological Assistants. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 173

Article 6. Fees. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 178

Article 7. Standards Related to Denial, Discipline, and Rein-

statement of Licenses or Registrations . . . . . . . . . . . . . . 179

Article 8. Rules of Professional Conduct . . . . . . . . . . . . . . . . . . . . . . . . . . . 182

Article 9. Citations and Fines . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 187

Article 10. Continuing Education . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 191

CIVIL CODE

Division 1. Persons

Part 2. Personal Rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 201

Part 2.6. Confidentiality of Medical Information

Chapter 1. Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 204

Chapter 2. Disclosure of Medical Information by Providers . . . . . . . 204

Chapter 3. Use and Disclosure of Medical Information by

Employers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 216

CORPORATIONS CODE

Title 1. Corporations

Division 3. Corporations for Specific Purposes

Part 4. Professional Corporations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 219

EDUCATION CODE

Title 3. Postsecondary Education

Division 10. Private Postsecondary and Higher Education

Institutions

Part 59. Private Postsecondary and Higher Education Institutions

Chapter 7. Private Postsecondary and Vocational Institutions

[Repealed]

Article 2. Definitions [Repealed] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 235

Chapter 8. Private Postsecondary Institutions [Repealed]

Article 3. Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 236

Article 4. Exemptions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 236

TABLE OF CONTENTS

viii

PAGE

Article 6. Approval to Operate. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 239

EVIDENCE CODE

Division 8. Privileges

Chapter 1. Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 241

Chapter 4. Particular Privileges

Article 7. Psychotherapist-Patient Privilege. . . . . . . . . . . . . . . . . . . . . . . 241

Article 9. Official Information and Identity of Informer . . . . . . . . . 247

FAMILY CODE

Division 8. Custody of Children

Part 2. Right to Custody of Minor Child

Chapter 1. General Provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 249

Chapter 6. Custody Investigation and Report . . . . . . . . . . . . . . . . . . . . . . . 250

Division 11. Minors

Part 4. Medical Treatment

Chapter 3. Consent by Minor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 251

GOVERNMENT CODE

Title 1. General

Division 4. Public Officers and Employees

Chapter 1. General

Article 2. Disqualifications for Office or Employment. . . . . . . . . . . . 259

Division 7. Miscellaneous

Chapter 3.5. Inspection of Public Records

Article 1. General Provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 261

Title 2. Government of the State of California

Division 3. Executive Department

Part 1. State Departments and Agencies

Chapter 1. State Agencies

Article 9. Meetings

Chapter 2. State Departments

Article 2. Investigations and Hearings

Chapter 3.5. Administrative Regulations and Rulemaking

Article 5. Public Participation: Procedure for Adoption of

Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 277

Article 9. Special Procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 282

Chapter 4.5. Administrative Adjudication: General Provisions

Article 1. Preliminary Provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 283

Article 6. Administrative Adjudication Bill of Rights . . . . . . . . . . . . 283

Article 14. Declaratory Decision. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 284

Chapter 5. Administrative Adjudication: Formal Hearing . . . . . . . . . 286

Part 2.8. Department of Fair Employment and Housing

Chapter 6. Discrimination Prohibited

Article 1. Unlawful Practices, Generally . . . . . . . . . . . . . . . . . . . . . . . . . . . 291

HEALTH AND SAFETY CODE

Division 1. Administration of Public Health

Part 1.85. End of Life Option Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 295

TABLE OF CONTENTS

ix

PAGE

Division 2. Licensing Provisions

Chapter 1. Clinics

Article 1. Definitions and General Provisions . . . . . . . . . . . . . . . . . . . . . 321

Chapter 2. Health Facilities

Article 3. Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 325

Article 7. Other Services . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 328

Chapter 2.2. Health Care Service Plans

Article 5. Standards. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 330

Division 10. Uniform Controlled Substances Act

Chapter 1. General Provisions and Definitions . . . . . . . . . . . . . . . . . . . . . . 331

Chapter 2. Standards and Schedules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 341

Chapter 3. Regulation and Control

Article 1. Reporting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 354

Chapter 4. Prescriptions

Article 1. Requirements of Prescriptions. . . . . . . . . . . . . . . . . . . . . . . . . . . 375

Article 2. Prescriber's Record . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 405

Article 3. Copies of Prescriptions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 407

Article 4. Refilling Prescriptions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 408

Article 5. Pharmacists' Records. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 408

Chapter 5. Use of Controlled Substances

Article 1. Lawful Medical Use Other Than Treatment of Addicts 410

Article 2. Treatment of Addicts for Addiction. . . . . . . . . . . . . . . . . . . . . . 413

Article 3. Veterinarians. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 416

Article 4. Sale Without Prescription . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 417

Chapter 6. Offenses and Penalties

Article 1. Offenses Involving Controlled Substances Formerly

Classified as Narcotics . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 419

Article 2. Cannabis. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 429

Article 2.5. Medical Marijuana Program. . . . . . . . . . . . . . . . . . . . . . . . . . . 455

Article 3. Peyote . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 472

Article 4. Miscellaneous Offenses and Provisions. . . . . . . . . . . . . . . . . 472

Article 5. Offenses Involving Controlled Substances Formerly

Classified as Restricted Dangerous Drugs. . . . . . . . . . . 498

Article 6. Precursors of Phencyclidine (PCP) and

Methamphetamine . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 509

Article 7. Mushrooms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 515

Chapter 6.5. Analogs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 516

Division 105. Communicable Disease Prevention and Con-

trol

Part 1. Administration of Communicable Disease Prevention and

Control

Chapter 3.5. Communicable Diseases Exposure Notification Act 518

Part 4. Human Immunodeficiency Virus (HIV)

Chapter 2. California Acquired Immune Deficiency Syndrome

(AIDS) Program (CAP) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 524

Chapter 7. Mandated Blood Testing and Confidentiality to Protect

Public Health . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 525

TABLE OF CONTENTS

x

PAGE

Division 106. Personal Health Care (Including Maternal,

Child, and Adolescent)

Part 1. General Administration

Chapter 1. Patient Access to Health Records . . . . . . . . . . . . . . . . . . . . . . . . 536

Chapter 2. Destruction of Records and Exhibits of Human Health 549

Part 2. Maternal, Child, and Adolescent Health

Chapter 4. Adolescent Health

Article 3. Mental Health Services for Minors . . . . . . . . . . . . . . . . . . . . . 550

PENAL CODE

Part 1. Of Crimes and Punishments

Title 9. Of Crimes Against the Person Involving Sexual Assault, and

Crimes Against Public Decency and Good Morals

Chapter 1. Rape, Abduction, Carnal Abuse of Children, and

Seduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 553

Chapter 5. Bigamy, Incest, and the Crime Against Nature . . . . . . . . 554

Chapter 5.5. Sex Offenders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 557

Title 15. Miscellaneous Crimes

Chapter 2. Of Other and Miscellaneous Offenses . . . . . . . . . . . . . . . . . . . 567

Part 2. Of Criminal Procedure

Title 8. Of Judgment and Execution

Chapter 1. The Judgment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 573

Part 3. Of Imprisonment and the Death Penalty

Title 7. Administration of the State Correctional System

Chapter 2. The Secretary of the Department of Corrections and

Rehabilitation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 576

Part 4. Prevention of Crimes and Apprehension of Criminals

Title 1. Investigation and Control of Crimes and Criminals

Chapter 2. Control of Crimes and Criminals

Article 2. Reports of Injuries. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 578

Article 2.5. Child Abuse and Neglect Reporting Act. . . . . . . . . . . . . . 584

Article 2.6. Child Death Review Teams . . . . . . . . . . . . . . . . . . . . . . . . . . . . 619

WELFARE AND INSTITUTIONS CODE

Division 5. Community Mental Health Services

Part 1. The Lanterman-Petris-Short Act

Chapter 2. Involuntary Treatment

Article 1. Detention of Mentally Disordered Persons for Evalu-

ation and Treatment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 623

Article 4. Certification for Intensive Treatment. . . . . . . . . . . . . . . . . . . 627

Article 7. Legal and Civil Rights of Persons Involuntarily

Detained. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 628

Part 2. The Bronzan-McCorquodale Act

Chapter 1. General Provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 638

Chapter 4. Operation and Administration. . . . . . . . . . . . . . . . . . . . . . . . . . . . 639

Division 8. Miscellaneous

Chapter 3. Firearms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 641

TABLE OF CONTENTS

xi

PAGE

Division 9. Public Social Services

Part 3. Aid and Medical Assistance

Chapter 11. Elder Abuse and Dependent Adult Civil Protection

Act

Article 2. Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 663

Article 3. Mandatory and Nonmandatory Reports of Abuse. . . . . 669

Article 4. Confidentiality . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 676

Article 5. Local Agency Cross-Reporting . . . . . . . . . . . . . . . . . . . . . . . . . . . 679

Article 6. Investigation of Reports . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 681

Article 9. Reporting Forms. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 682

Article 10. Employee Statement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 684

CALIFORNIA RULES OF COURT

Title 5. Family and Juvenile Rules

Division 1. Family Rules

Chapter 8. Child Custody and Visitation (Parenting Time) Pro-

ceedings

Article 2. Child Custody Investigations and Evaluations. . . . . . . . 687

Disciplinary Guidelines. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 693

Ethical Principles of Psychologists and Code of Conduct. . . . . . . . . . . . . . . . . 729

Index . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I-1

TABLE OF CONTENTS

xii

2018 TABLE OF CODE SECTIONS ADDED,

AMENDED, REPEALED, OR OTHERWISE

AFFECTED

Business and Professions Code

Section Affected Type of Change Chapter Number

7.5 Amended 995

7.5 Amended 995

27 Amended 578

27 Amended 599

27 Amended 703

30 Amended 838

337 Amended 778

480 Amended 995

481 Amended 995

482 Amended 995

488 Amended 995

493 Amended 995

493 Added 995

701 Amended 249

703 Amended 249

728 Amended 743

728 Amended 778

800 Amended 858

865 Amended 703

2290.5 Amended 743

2290.5 Amended 703

2908 Amended 389

2995 Amended 389

Corporations Code

Section Affected Type of Change Chapter Number

13401 Amended 858

Education Code

Section Affected Type of Change Chapter Number

94874 Amended 422

Evidence Code

Section Affected Type of Change Chapter Number

1010 Amended 389

xiii

Family Code

Section Affected Type of Change Chapter Number

6924 Amended 703

6928 Amended 423

Government Code

Section Affected Type of Change Chapter Number

6254 Amended 423

6254 Amended 960

Health and Safety Code

Section Affected Type of Change Chapter Number

1206 Amended 270

11018.5 Amended 986

11055 Amended 589

11056 Amended 81

11056 Amended 589

11161.5 Amended 479

11162.1 Amended 479

11165 Amended 478

11165 Amended 479

11350.5 Amended 423

11361.5 Amended 92

11361.9 Added 933

11362.4 Amended 92

11377.5 Amended 423

124260 Amended 743

Penal Code

Section Affected Type of Change Chapter Number

288 Amended 70

290 Amended 245

401 Amended 423

647 Amended 246

647.6 Amended 423

1203.4 Amended 423

11160 Amended 164

11160 Amended 423

11165.1 Amended 423

Welfare and Institutions Code

Section Affected Type of Change Chapter Number

5150 Amended 258

5328 Amended 92

8103 Amended 861

8103 Added 861

15610.23 Amended 70

xiv 2017 TABLE OF SECTIONS AFFECTED

15610.63 Amended 423

TABLE OF SECTIONS AFFECTED xv

2018 TABLE OF REGULATION CODE SECTIONS

ADDED, AMENDED, REPEALED, OR OTHERWISE

AFFECTED

Title 16

Section Affected Type of Change Operative

1380.3 Amended 12-14-2018

1380.6 Amended 12-14-2018

1381 Amended 12-14-2018

1381.1 Amended 12-14-2018

1381.4 Amended 12-14-2018

1381.5 Amended 12-14-2018

1381.6 Repealed 12-14-2018

1381.7 Amended 12-14-2018

1382 Amended 12-14-2018

1382.3 Amended 12-14-2018

1382.4 Amended 12-14-2018

1382.5 Amended 12-14-2018

1382.6 Amended 12-14-2018

1386 Amended 12-14-2018

1387.1 Amended 12-14-2018

1387.3 Amended 12-14-2018

1387.4 Amended 12-14-2018

1387.5 Amended 12-14-2018

1387.7 Amended 12-14-2018

1388 Amended 12-14-2018

1389.1 Amended 12-14-2018

1390.1 Amended 12-14-2018

1390.3 Amended 12-14-2018

1391.3 Amended 12-14-2018

1391.4 Amended 12-14-2018

1391.5 Amended 12-14-2018

1391.6 Amended 12-14-2018

1391.7 Amended 12-14-2018

1391.11 Amended 12-14-2018

1393 Amended 12-14-2018

1394 Amended 12-14-2018

1395 Amended 12-14-2018

1395.1 Amended 12-14-2018

1396.5 Amended 12-14-2018

1397 Amended 12-14-2018

1397.35 Amended 12-14-2018

1397.50 Amended 12-14-2018

1397.51 Amended 12-14-2018

1397.53 Amended 12-14-2018

1397.54 Amended 12-14-2018

1397.55 Amended 12-14-2018

xvii

1397.60 Amended 12-14-2018

1397.61 Amended 12-14-2018

1397.62 Amended 12-14-2018

1397.63 Repealed 12-14-2018

1397.64 Repealed 12-14-2018

1397.65 Repealed 12-14-2018

1397.66 Repealed 12-14-2018

1397.67 Amended 12-14-2018

1397.68 Repealed 12-14-2018

1397.69 Amended 12-14-2018

1397.70 Amended 12-14-2018

1397.71 Repealed 12-14-2018

xviii 2018 TABLE OF SECTIONS AFFECTED

LAWS AND REGULATIONS RELATING TO THE

PRACTICE OF PSYCHOLOGY

EXTRACTED FROM

BUSINESS & PROFESSIONS CODE

GENERAL PROVISIONS

§ 1. Title

This act shall be known as the Business and Professions Code.

HISTORY:

Enacted Stats 1937.

§ 2. Construction of pre-existing laws

The provisions of this code in so far as they are substantially the same as

existing statutory provisions relating to the same subject matter shall be

construed as restatements and continuations thereof, and not as new enact-

ments.

HISTORY:

Enacted Stats 1937.

§ 3. Tenure of office-holders

All persons who, at the time this code goes into effect, hold office under any

of the acts repealed by this code, which offices are continued by this code, shall

continue to hold the same according to the former tenure thereof.

HISTORY:

Enacted Stats 1937.

§ 4. Pending actions and accrued rights

No action or proceeding commenced before this code takes effect, and no

right accrued, is affected by the provisions of this code, but all procedure

thereafter taken therein shall conform to the provisions of this code so far as

possible.

HISTORY:

Enacted Stats 1937.

§ 5. Rights under existing licenses

No rights given by any license or certificate under any act repealed by this

code are affected by the enactment of this code or by such repeal, but such

rights shall hereafter be exercised according to the provisions of this code.

1

Bus. & Prof. Code

HISTORY:

Enacted Stats 1937.

§ 6. Certification under repealed acts

All persons, who, at the time this code goes into effect, are entitled to a

certificate under any act repealed by this code, are thereby entitled to a

certificate under the provisions of this code so far as the provisions of this code

are applicable.

HISTORY:

Enacted Stats 1937.

§ 7. Conviction under repealed acts

Any conviction for a crime under any act repealed by this code, which crime

is continued as a public offense by this code, constitutes a conviction under this

code for any purpose for which it constituted a conviction under the act

repealed.

HISTORY:

Enacted Stats 1937.

§ 7.5. "Conviction"; When action by board following establishment

of conviction may be taken; Prohibition against denial of licensure;

Application of section [Effective until January 1, 2021; Inoperative

July 1, 2020; Repealed effective January 1, 2021]

(a) A conviction within the meaning of this code means a plea or verdict of

guilty or a conviction following a plea of nolo contendere. Any action which a

board is permitted to take following the establishment of a conviction may be

taken when the time for appeal has elapsed, or 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 the provisions of Section 1203.4 of the Penal Code. However, a board

may not deny a license to an applicant who is otherwise qualified pursuant to

subdivision (b) of Section 480.

Nothing in this section shall apply to the licensure of persons pursuant to

Chapter 4 (commencing with Section 6000) of Division 3.

(b) This section shall become inoperative on July 1, 2020, and, as of January

1, 2021, is repealed.

HISTORY:

Added Stats 1979 ch 876 § 1. Amended Stats 2018 ch 995 § 1 (AB 2138), effective January 1, 2019,

inoperative July 1, 2020, repealed January 1, 2021.

§ 7.5. "Conviction"; When action by board following establishment of

conviction may be taken; Prohibition against denial of licensure;

Application of section [Operative July 1, 2020]

(a) A conviction within the meaning of this code means a judgment following

a plea or verdict of guilty or a plea of nolo contendere or finding of guilt. Any

2

BOARD OF PSYCHOLOGY

Bus. & Prof. Code

action which a board is permitted to take following the establishment of a

conviction may be taken when the time for appeal has elapsed, or the judgment

of conviction has been affirmed on appeal or when an order granting probation

is made suspending the imposition of sentence. However, a board may not deny

a license to an applicant who is otherwise qualified pursuant to subdivision (b)

or (c) of Section 480.

(b)(1) Nothing in this section shall apply to the licensure of persons

pursuant to Chapter 4 (commencing with Section 6000) of Division 3.

(2) This section does not in any way modify or otherwise affect the existing

authority of the following entities in regard to licensure:

(A) The State Athletic Commission.

(B) The Bureau for Private Postsecondary Education.

(C) The California Horse Racing Board.

(c) Except as provided in subdivision (b), this section controls over and

supersedes the definition of conviction contained within individual practice

acts under this code.

(d) This section shall become operative on July 1, 2020.

HISTORY:

Added Stats 2018 ch 995 § 2 (AB 2138), effective January 1, 2019, operative July 1, 2020.

§ 8. Governing provisions

Unless the context otherwise requires, the general provisions hereinafter set

forth shall govern the construction of this code.

HISTORY:

Enacted Stats 1937.

§ 9. Effect of headings

Division, part, chapter, article and section headings contained herein shall

not be deemed to govern, limit, modify, or in any manner affect the scope,

meaning, or intent of the provisions of this code.

HISTORY:

Enacted Stats 1937.

§ 10. Authority of deputies

Whenever, by the provisions of this code, a power is granted to a public officer

or a duty imposed upon such an officer, the power may be exercised or duty

performed by a deputy of the officer or by a person authorized pursuant to law

by the officer, unless it is expressly otherwise provided.

HISTORY:

Enacted Stats 1937.

§ 11. Writings

Writing includes any form of recorded message capable of comprehension by

ordinary visual means. Whenever any notice, report, statement, or record is

3

BUSINESS & PROFESSIONS CODE

Bus. & Prof. Code

required by this code, it shall be made in writing in the English language

unless it is otherwise expressly provided.

HISTORY:

Enacted Stats 1937.

§ 12. Applicability of statutory references to amendments

Whenever any reference is made to any portion of this code or of any other

law of this State, such reference shall apply to all amendments and additions

thereto now or hereafter made.

HISTORY:

Enacted Stats 1937.

§ 12.5. Violation of regulation adopted pursuant to code provision;

Issuance of citation

Whenever in any provision of this code authority is granted to issue a

citation for a violation of any provision of this code, that authority also includes

the authority to issue a citation for the violation of any regulation adopted

pursuant to any provision of this code.

HISTORY:

Added Stats 1986 ch 1379 § 1.

§ 13. "Materia medica"

The term "materia medica" as used in this code or in any initiative act

referred to in this code, means those substances listed in the official United

States Pharmacopoeia, the official Homeopathic Pharmacopoeia of the United

States, the official United States Dispensatory, New and Nonofficial Remedies,

or the National Formulary, or any supplement thereof, except substances

covered by subdivision (a) of Section 4052 and Section 4057 of this code.

HISTORY:

Added Stats 1961 ch 300 § 1.

§ 14. Tenses and genders

The present tense includes the past and future tenses; and the future, the

present. Each gender includes the other two genders.

HISTORY:

Enacted Stats 1937. Amended Stats 1939 ch 30 § 1.

§ 14.1. Legislative intent

The Legislature hereby declares its intent that the terms "man" or "men"

where appropriate shall be deemed "person" or "persons" and any references to

the terms "man" or "men" in sections of this code be changed to "person" or

4

BOARD OF PSYCHOLOGY

Bus. & Prof. Code

"persons" when such code sections are being amended for any purpose. This act

is declaratory and not amendatory of existing law.

HISTORY:

Added Stats 1976 ch 1171 § 1.

§ 14.2. "Spouse" to include registered domestic partner

"Spouse" includes "registered domestic partner," as required by Section

297.5 of the Family Code.

HISTORY:

Added Stats 2016 ch 50 § 1 (SB 1005), effective January 1, 2017.

§ 15. "Section"; "Subdivision"

"Section" means a section of this code unless some other statute is specifi-

cally mentioned. "Subdivision" means a subdivision of the section in which that

term occurs, unless some other section is expressly mentioned.

HISTORY:

Enacted Stats 1937.

§ 16. Number

The singular number includes the plural, and the plural the singular.

HISTORY:

Enacted Stats 1937.

§ 17. "County"

"County" includes city and county.

HISTORY:

Enacted Stats 1937.

§ 18. "City"

"City" includes city and county.

HISTORY:

Enacted Stats 1937.

§ 19. Mandatory and permissive terms

"Shall" is mandatory and "may" is permissive.

HISTORY:

Enacted Stats 1937.

§ 20. "Oath"

"Oath" includes affirmation.

5

BUSINESS & PROFESSIONS CODE

Bus. & Prof. Code

HISTORY:

Enacted Stats 1937.

§ 21. "State"

"State" means the State of California, unless applied to the different parts of

the United States. In the latter case, it includes the District of Columbia and

the territories.

HISTORY:

Enacted Stats 1937.

§ 22. "Board"

"Board," as used in any provision of this code, refers to the board in which the

administration of the provision is vested, and unless otherwise expressly

provided, shall include "bureau," "commission," "committee," "department,"

"division," "examining committee," "program," and "agency."

HISTORY:

Enacted Stats 1937. Amended Stats 1947 ch 1350 § 1; Stats 1980 ch 676 § 1; Stats 1991 ch 654 §

1 (AB 1893); Stats 1999 ch 656 § 1 (SB 1306); Stats 2004 ch 33 § 1 (AB 1467), effective April 13, 2004;

Stats 2010 ch 670 § 1 (AB 2130), effective January 1, 2011.

§ 23. "Department"

"Department," unless otherwise defined, refers to the Department of Con-

sumer Affairs.

Wherever the laws of this state refer to the Department of Professional and

Vocational Standards, the reference shall be construed to be to the Department

of Consumer Affairs.

HISTORY:

Enacted Stats 1937. Amended Stats 1971 ch 716 § 1.

§ 23.5. "Director"

"Director," unless otherwise defined, refers to the Director of Consumer

Affairs.

Wherever the laws of this state refer to the Director of Professional and

Vocational Standards, the reference shall be construed to be to the Director of

Consumer Affairs.

HISTORY:

Added Stats 1939 ch 30 § 2. Amended Stats 1971 ch 716 § 2.

§ 23.6. "Appointing power"

"Appointing power," unless otherwise defined, refers to the Director of

Consumer Affairs.

HISTORY:

Added Stats 1945 ch 1276 § 1. Amended Stats 1971 ch 716 § 3.

6

BOARD OF PSYCHOLOGY

Bus. & Prof. Code

§ 23.7. "License"

Unless otherwise expressly provided, "license" means license, certificate,

registration, or other means to engage in a business or profession regulated by

this code or referred to in Section 1000 or 3600.

HISTORY:

Added Stats 1994 ch 26 § 1 (AB 1807), effective March 30, 1994.

§ 23.8. "Licentiate"

"Licentiate" means any person authorized by a license, certificate, registra-

tion, or other means to engage in a business or profession regulated by this

code or referred to in Sections 1000 and 3600.

HISTORY:

Added Stats 1961 ch 2232 § 1.

§ 23.9. Licensing eligibility of prison releasees

Notwithstanding any other provision of this code, any individual who, while

imprisoned in a state prison or other correctional institution, is trained, in the

course of a rehabilitation program approved by the particular licensing agency

concerned and provided by the prison or other correctional institution, in a

particular skill, occupation, or profession for which a state license, certificate,

or other evidence of proficiency is required by this code shall not, when

released from the prison or institution, be denied the right to take the next

regularly scheduled state examination or any examination thereafter required

to obtain the license, certificate, or other evidence of proficiency and shall not

be denied such license, certificate, or other evidence of proficiency, because of

his imprisonment or the conviction from which the imprisonment resulted, or

because he obtained his training in prison or in the correctional institution, if

the licensing agency, upon recommendation of the Adult Authority or the

Department of the Youth Authority, as the case may be, finds that he is a fit

person to be licensed.

HISTORY:

Added Stats 1967 ch 1690 § 1, as B & P C § 23.8. Amended and Renumbered by Stats 1971 ch 582

§ 1.

§ 24. Severability provision

If any provision of this code, or the application thereof, to any person or

circumstance, is held invalid, the remainder of the code, or the application of

such provision to other persons or circumstances, shall not be affected thereby.

HISTORY:

Enacted Stats 1937.

§ 25. Training in human sexuality

Any person applying for a license, registration, or the first renewal of a

license, after the effective date of this section, as a licensed marriage and

7

BUSINESS & PROFESSIONS CODE

Bus. & Prof. Code

family therapist, a licensed clinical social worker, a licensed psychologist, or a

licensed professional clinical counselor shall, in addition to any other require-

ments, show by evidence satisfactory to the agency regulating the business or

profession, that he or she has completed training in human sexuality as a

condition of licensure. The training shall be creditable toward continuing

education requirements as deemed appropriate by the agency regulating the

business or profession, and the course shall not exceed more than 50 contact

hours.

The Board of Psychology shall exempt from the requirements of this section

any persons whose field of practice is such that they are not likely to have use

for this training.

"Human sexuality" as used in this section means the study of a human being

as a sexual being and how he or she functions with respect thereto.

The content and length of the training shall be determined by the adminis-

trative agency regulating the business or profession and the agency shall

proceed immediately upon the effective date of this section to determine what

training, and the quality of staff to provide the training, is available and shall

report its determination to the Legislature on or before July 1, 1977.

If a licensing board or agency proposes to establish a training program in

human sexuality, the board or agency shall first consult with other licensing

boards or agencies that have established or propose to establish a training

program in human sexuality to ensure that the programs are compatible in

scope and content.

HISTORY:

Added Stats 1976 ch 1433 § 1, operative January 1, 1980. Amended Stats 2002 ch 1013 § 1 (SB

2026); Stats 2005 ch 658 § 1 (SB 229), effective January 1, 2006; Stats 2011 ch 381 § 1 (SB 146),

effective January 1, 2012.

§ 26. Rules and regulations regarding building standards

Wherever, pursuant to this code, any state department, officer, board,

agency, committee, or commission is authorized to adopt rules and regulations,

such rules and regulations which are building standards, as defined in Section

18909 of the Health and Safety Code, shall be adopted pursuant to the

provisions of Part 2.5 (commencing with Section 18901) of Division 13 of the

Health and Safety Code unless the provisions of Sections 18930, 18933, 18938,

18940, 18943, 18944, and 18945 of the Health and Safety Code are expressly

excepted in the provision of this code under which the authority to adopt the

specific building standard is delegated. Any building standard adopted in

violation of this section shall have no force or effect. Any building standard

adopted prior to January 1, 1980, pursuant to this code and not expressly

excepted by statute from such provisions of the State Building Standards Law

shall remain in effect only until January 1, 1985, or until adopted, amended, or

superseded by provisions published in the State Building Standards Code,

whichever occurs sooner.

8

BOARD OF PSYCHOLOGY

Bus. & Prof. Code

HISTORY:

Added Stats 1979 ch 1152 § 1.

§ 27. Information to be provided on Internet; Entities in Depart-

ment of Consumer Affairs required to comply

(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 (commenc-

ing 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 ConsumerAffairs'

guidelines for access to public records.

(c) Each of the following entities within the Department of ConsumerAffairs

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 Household Goods and Services shall disclose informa-

tion 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, cre-

mated remains disposers, embalmers, funeral establishments, and funeral

directors.

9

BUSINESS & PROFESSIONS CODE

Bus. & Prof. Code

(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 pro-

vided 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 infor-

mation on private postsecondary institutions under its jurisdiction, includ-

ing 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 infor-

mation on its licensees.

(12) The State Board of Guide Dogs for the Blind shall disclose informa-

tion 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 and registrants.

(15) The Dental Board of California shall disclose information on its

licensees.

(16) The State Board of Optometry shall disclose information on its

licensees and registrants.

(17) The Board of Psychology shall disclose information on its licensees,

including psychologists, psychological assistants, and registered psycholo-

gists.

(18) The Veterinary Medical Board shall disclose information on its

licensees, registrants, and permitholders.

(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) The Bureau of Cannabis Control shall disclose information on its licens-

ees.

(g) "Internet" for the purposes of this section has the meaning set forth in

paragraph (6) of subdivision (f) of Section 17538.

10

BOARD OF PSYCHOLOGY

Bus. & Prof. Code

HISTORY:

Added Stats 1997 ch 661 § 1 (SB 492). Amended Stats 1998 ch 59 § 1 (AB 969); Stats 1999 ch 655

§ 1 (SB 1308); Stats 2000 ch 927 § 1 (SB 1889); Stats 2001 ch 159 § 1 (SB 662); Stats 2003 ch 849 §

1 (AB 1418); Stats 2009 ch 308 § 1 (SB 819), effective January 1, 2010, ch 310 § 1.5 (AB 48), effective

January 1, 2010; Stats 2011 ch 381 § 2 (SB 146), effective January 1, 2012, ch 712 § 1 (SB 706),

effective January 1, 2012; Stats 2014 ch 316 § 1 (SB 1466), effective January 1, 2015; Stats 2015 ch

689 § 1 (AB 266), effective January 1, 2016; Stats 2016 ch 32 § 1 (SB 837), effective June 27, 2016;

Stats 2016 ch 489 § 1 (SB 1478), effective January 1, 2017; Stats 2017 ch 429 § 1 (SB 547), effective

January 1, 2018; Stats 2018 ch 578 § 1 (SB 1483), effective January 1, 2019; Stats 2018 ch 599 § 1 (AB

3261), effective January 1, 2019; Stats 2018 ch 703 § 1.3 (SB 1491), effective January 1, 2019 (ch 703

prevails).

§ 27.6. Transfer of data to California Postsecondary Education Com-

mission.

The successor agency to the Bureau for Private Postsecondary and Voca-

tional Education shall transmit any available data regarding school perfor-

mance, including, but not limited to, attendance and graduation rates, it

receives from any schools under its jurisdiction to the California Postsecondary

Education Commission.

HISTORY:

Added Stats 2009 ch 642 § 1 (SB 599), effective November 2, 2009.

§ 28. Child, elder, and dependent adult abuse assessment and re-

porting training

(a) The Legislature finds that there is a need to ensure that professionals of

the healing arts who have demonstrable contact with victims and potential

victims of child, elder, and dependent adult abuse, and abusers and potential

abusers of children, elders, and dependent adults are provided with adequate

and appropriate training regarding the assessment and reporting of child,

elder, and dependent adult abuse that will ameliorate, reduce, and eliminate

the trauma of abuse and neglect and ensure the reporting of abuse in a timely

manner to prevent additional occurrences.

(b) The Board of Psychology and the Board of Behavioral Sciences shall

establish required training in the area of child abuse assessment and reporting

for all persons applying for initial licensure and renewal of a license as a

psychologist, clinical social worker, professional clinical counselor, or marriage

and family therapist. This training shall be required one time only for all

persons applying for initial licensure or for licensure renewal.

(c) All persons applying for initial licensure or renewal of a license as a

psychologist, clinical social worker, professional clinical counselor, or marriage

and family therapist shall, in addition to all other requirements for licensure

or renewal, have completed coursework or training in child abuse assessment

and reporting that meets the requirements of this section, including detailed

knowledge of the Child Abuse and Neglect Reporting Act (Article 2.5 (com-

mencing with Section 11164) of Chapter 2 of Title 1 of Part 4 of the Penal Code).

The training shall meet all of the following requirements:

11

BUSINESS & PROFESSIONS CODE

Bus. & Prof. Code

(1) Be obtained from one of the following sources:

(A) An accredited or approved educational institution, as defined in

Sections 2902, 4980.36, 4980.37, 4996.18, and 4999.12, including exten-

sion courses offered by those institutions.

(B) A continuing education provider as specified by the responsible

board by regulation.

(C) Acourse sponsored or offered by a professional association or a local,

county, or state department of health or mental health for continuing

education and approved or accepted by the responsible board.

(2) Have a minimum of seven contact hours.

(3) Include the study of the assessment and method of reporting of sexual

assault, neglect, severe neglect, general neglect, willful cruelty or unjustifi-

able punishment, corporal punishment or injury, and abuse in out-of-home

care. The training shall also include physical and behavioral indicators of

abuse, crisis counseling techniques, community resources, rights and re-

sponsibilities of reporting, consequences of failure to report, caring for a

child's needs after a report is made, sensitivity to previously abused children

and adults, and implications and methods of treatment for children and

adults.

(4) An applicant shall provide the appropriate board with documentation

of completion of the required child abuse training.

(d) The Board of Psychology and the Board of Behavioral Sciences shall

exempt an applicant who applies for an exemption fromthis section and who

shows to the satisfaction of the board that there would be no need for the

training in his or her practice because of the nature of that practice.

(e) It is the intent of the Legislature that a person licensed as a psychologist,

clinical social worker, professional clinical counselor, or marriage and family

therapist have minimal but appropriate training in the areas of child, elder,

and dependent adult abuse assessment and reporting. It is not intended that,

by solely complying withthis section, a practitioner is fully trained in the

subject of treatment of child, elder, and dependent adult abuse victims and

abusers.

(f) The Board of Psychology and the Board of Behavioral Sciences are

encouraged to include coursework regarding the assessment and reporting of

elder and dependent adult abuse in the required training on aging and

long-term care issues prior to licensure or license renewal.

HISTORY:

Added Stats 1995 ch 758 § 2.5 (AB 446), operative January 1, 1997. Amended Stats 2002 ch 1013

§ 2 (SB 2026); Stats 2004 ch 695 § 1 (SB 1913); Stats 2009 ch 26 § 1 (SB 33), effective January 1, 2010;

Stats 2010 ch 552 § 1 (AB 2435), effective January 1, 2011; Stats 2015 ch 426 § 1 (SB 800), effective

January 1, 2016.

§ 29. Adoption of continuing education requirements regarding

chemical dependency and alcoholism

(a) The Board of Psychology and the Board of Behavioral Sciences shall

consider adoption of continuing education requirements including training in

12

BOARD OF PSYCHOLOGY

Bus. & Prof. Code

the area of recognizing chemical dependency and early intervention for all

persons applying for renewal of a license as a psychologist, clinical social

worker, marriage and family therapist, or professional clinical counselor.

(b) Prior to the adoption of any regulations imposing continuing education

relating to alcohol and other chemical dependency, the boards are urged to

consider coursework to include, but not necessarily be limited to, the following

topics:

(1) Historical and contemporary perspectives on alcohol and other drug

abuse.

(2) Extent of the alcohol and drug abuse epidemic and its effects on the

individual, family, and community.

(3) Recognizing the symptoms of alcoholism and drug addiction.

(4) Making appropriate interpretations, interventions, and referrals.

(5) Recognizing and intervening with affected family members.

(6) Learning about current programs of recovery, such as 12 step pro-

grams, and how therapists can effectively utilize these programs.

HISTORY:

Added Stats 1990 ch 1005 § 2 (AB 3314). Amended Stats 2002 ch 1013 § 3 (SB 2026); Stats 2004

ch 193 § 1 (SB 111); Stats 2011 ch 381 § 3 (SB 146), effective January 1, 2012.

§ 29.5. Additional qualifications for licensure

In addition to other qualifications for licensure prescribed by the various acts

of boards under the department, applicants for licensure and licensees renew-

ing their licenses shall also comply with Section 17520 of the Family Code.

HISTORY:

Added Stats 1991 ch 542 § 1 (SB 1161). Amended Stats 2003 ch 607 § 1 (SB 1077).

§ 30. Provision of federal employer identification number or social

security number by licensee

(a)(1) Notwithstanding any other law, any board, as defined in Section 22,

the State Bar of California, and the Department of Real Estate shall, at the

time of issuance of the license, require that the applicant provide its federal

employer identification number, if the applicant is a partnership, or the

applicant's social security number for all other applicants.

(2)(A) In accordance with Section 135.5, a board, as defined in Section 22,

the State Bar of California, and the Department of Real Estate shall

require either the individual taxpayer identification number or social

security number if the applicant is an individual for a license or certificate,

as defined in subparagraph (2) of subdivision (e), and for purposes of this

subdivision.

(B) In implementing the requirements of subparagraph (A), a licensing

board shall not require an individual to disclose either citizenship status

or immigration status for purposes of licensure.

(C) A licensing board shall not deny licensure to an otherwise qualified

13

BUSINESS & PROFESSIONS CODE

Bus. & Prof. Code

and eligible individual based solely on his or her citizenship status or

immigration status.

(D) The Legislature finds and declares that the requirements of this

subdivision are consistent with subsection (d) of Section 1621 of Title 8 of

the United States Code.

(b) A licensee failing to provide the federal employer identification number,

or the individual taxpayer identification number or social security number

shall be reported by the licensing board to the Franchise Tax Board. If the

licensee fails to provide that information after notification pursuant to para-

graph (1) of subdivision (b) of Section 19528 of the Revenue and Taxation Code,

the licensee shall be subject to the penalty provided in paragraph (2) of

subdivision (b) of Section 19528 of the Revenue and Taxation Code.

(c) In addition to the penalty specified in subdivision (b), a licensing board

shall not process an application for an initial license unless the applicant

provides its federal employer identification number, or individual taxpayer

identification number or social security number where requested on the

application.

(d) A licensing board shall, upon request of the Franchise Tax Board or the

Employment Development Department, furnish to the board or the depart-

ment, as applicable, the following information with respect to every licensee:

(1) Name.

(2) Address or addresses of record.

(3) Federal employer identification number if the licensee is a partner-

ship, or the licensee's individual taxpayer identification number or social

security number for all other licensees.

(4) Type of license.

(5) Effective date of license or a renewal.

(6) Expiration date of license.

(7) Whether license is active or inactive, if known.

(8) Whether license is new or a renewal.

(e) For the purposes of this section:

(1) "Licensee" means a person or entity, other than a corporation, autho-

rized by a license, certificate, registration, or other means to engage in a

business or profession regulated by this code or referred to in Section 1000

or 3600.

(2) "License" includes a certificate, registration, or any other authoriza-

tion needed to engage in a business or profession regulated by this code or

referred to in Section 1000 or 3600.

(3) "Licensing board" means any board, as defined in Section 22, the State

Bar of California, and the Department of Real Estate.

(f) The reports required under this section shall be filed on magnetic media

or in other machine-readable form, according to standards furnished by the

Franchise Tax Board or the Employment Development Department, as appli-

cable.

(g) Licensing boards shall provide to the Franchise Tax Board or the

14

BOARD OF PSYCHOLOGY

Bus. & Prof. Code

Employment Development Department the information required by this

section at a time that the board or the department, as applicable, may require.

(h) Notwithstanding Chapter 3.5 (commencing with Section 6250) of Divi-

sion 7 of Title 1 of the Government Code, a federal employer identification

number, individual taxpayer identification number, or social security number

furnished pursuant to this section shall not be deemed to be a public record and

shall not be open to the public for inspection.

(i) A deputy, agent, clerk, officer, or employee of a licensing board described

in subdivision (a), or any former officer or employee or other individual who, in

the course of his or her employment or duty, has or has had access to the

information required to be furnished under this section, shall not disclose or

make known in any manner that information, except as provided pursuant to

this section, to the Franchise Tax Board, the Employment Development

Department, the Office of the Chancellor of the California Community Col-

leges, a collections agency contracted to collect funds owed to the State Bar by

licensees pursuant to Sections 6086.10 and 6140.5, or as provided in subdivi-

sions (j) and (k).

(j) It is the intent of the Legislature in enacting this section to utilize the

federal employer identification number, individual taxpayer identification

number, or social security number for the purpose of establishing the identi-

fication of persons affected by state tax laws, for purposes of compliance with

Section 17520 of the Family Code, for purposes of measuring employment

outcomes of students who participate in career technical education programs

offered by the California Community Colleges, and for purposes of collecting

funds owed to the State Bar by licensees pursuant to Section 6086.10 and

Section 6140.5 and, to that end, the information furnished pursuant to this

section shall be used exclusively for those purposes.

(k) If the board utilizes a national examination to issue a license, and if a

reciprocity agreement or comity exists between the State of California and the

state requesting release of the individual taxpayer identification number or

social security number, any deputy, agent, clerk, officer, or employee of any

licensing board described in subdivision (a) may release an individual taxpayer

identification number or social security number to an examination or licensing

entity, only for the purpose of verification of licensure or examination status.

(l) For the purposes of enforcement of Section 17520 of the Family Code, and

notwithstanding any other law, a board, as defined in Section 22, the State Bar

of California, and the Department of Real Estate shall at the time of issuance

of the license require that each licensee provide the individual taxpayer

identification number or social security number of each individual listed on the

license and any person who qualifies for the license. For the purposes of this

subdivision, "licensee" means an entity that is issued a license by any board, as

defined in Section 22, the State Bar of California, the Department of Real

Estate, and the Department of Motor Vehicles.

(m) The department shall, upon request by the Office of the Chancellor of

the California Community Colleges, furnish to the chancellor's office, as

applicable, the following information with respect to every licensee:

15

BUSINESS & PROFESSIONS CODE

Bus. & Prof. Code

(1) Name.

(2) Federal employer identification number if the licensee is a partner-

ship, or the licensee's individual taxpayer identification number or social

security number for all other licensees.

(3) Date of birth.

(4) Type of license.

(5) Effective date of license or a renewal.

(6) Expiration date of license.

(n) The department shall make available information pursuant to subdivi-

sion (m) only to allow the chancellor's office to measure employment outcomes

of students who participate in career technical education programs offered by

the California Community Colleges and recommend how these programs may

be improved. Licensure information made available by the department pursu-

ant to this section shall not be used for any other purpose.

(o) The department may make available information pursuant to subdivi-

sion (m) only to the extent that making the information available complies

with state and federal privacy laws.

(p) The department may, by agreement, condition or limit the availability of

licensure information pursuant to subdivision (m) in order to ensure the

security of the information and to protect the privacy rights of the individuals

to whom the information pertains.

(q) All of the following apply to the licensure information made available

pursuant to subdivision (m):

(1) It shall be limited to only the information necessary to accomplish the

purpose authorized in subdivision (n).

(2) It shall not be used in a manner that permits third parties to

personally identify the individual or individuals to whom the information

pertains.

(3) Except as provided in subdivision (n), it shall not be shared with or

transmitted to any other party or entity without the consent of the indi-

vidual or individuals to whom the information pertains.

(4) It shall be protected by reasonable security procedures and practices

appropriate to the nature of the information to protect that information from

unauthorized access, destruction, use, modification, or disclosure.

(5) It shall be immediately and securely destroyed when no longer needed

for the purpose authorized in subdivision (n).

(r) The department or the chancellor's office may share licensure informa-

tion with a third party who contracts to perform the function described in

subdivision (n), if the third party is required by contract to follow the

requirements of this section.

HISTORY:

Added Stats 2017 ch 828 § 2 (SB 173), effective January 1, 2018, operative July 1, 2018. Amended

Stats 2018 ch 659 § 1 (AB 3249), effective January 1, 2019; Stats 2018 ch 838 § 2.5 (SB 695), effective

January 1, 2019 (ch 838 prevails).

16

BOARD OF PSYCHOLOGY

Bus. & Prof. Code

§ 31. Compliance with judgment or order for support upon issuance

or renewal of license

(a) As used in this section, "board" means any entity listed in Section 101,

the entities referred to in Sections 1000 and 3600, the State Bar, the Bureau

of Real Estate, and any other state agency that issues a license, certificate, or

registration authorizing a person to engage in a business or profession.

(b) Each applicant for the issuance or renewal of a license, certificate,

registration, or other means to engage in a business or profession regulated by

a board who is not in compliance with a judgment or order for support shall be

subject to Section 17520 of the Family Code.

(c) "Compliance with a judgment or order for support" has the meaning

given in paragraph (4) of subdivision (a) of Section 17520 of the Family Code.

(d) Each licensee or applicant whose name appears on a list of the 500

largest tax delinquencies pursuant to Section 7063 or 19195 of the Revenue

and Taxation Code shall be subject to Section 494.5.

(e) Each application for a new license or renewal of a license shall indicate

on the application that the law allows the State Board of Equalization and the

Franchise Tax Board to share taxpayer information with a board and requires

the licensee to pay his or her state tax obligation and that his or her license

may be suspended if the state tax obligation is not paid.

(f) For purposes of this section, "tax obligation" means the tax imposed

under, or in accordance with, Part 1 (commencing with Section 6001), Part 1.5

(commencing with Section 7200), Part 1.6 (commencing with Section 7251),

Part 1.7 (commencing with Section 7280), Part 10 (commencing with Section

17001), or Part 11 (commencing with Section 23001) of Division 2 of the

Revenue and Taxation Code.

HISTORY:

Added Stats 1991 ch 110 § 4 (SB 101). Amended Stats 1991 ch 542 § 3 (SB 1161); Stats 2010 ch 328

§ 1 (SB 1330), effective January 1, 2011; Stats 2011 ch 455 § 1 (AB 1424), effective January 1, 2012;

Stats 2013 ch 352 § 2 (AB 1317), effective September 26, 2013, operative July 1, 2013.

§ 32. Legislative findings; AIDS training for health care profession-

als

(a) The Legislature finds that there is a need to ensure that professionals of

the healing arts who have or intend to have significant contact with patients

who have, or are at risk to be exposed to, acquired immune deficiency

syndrome (AIDS) are provided with training in the form of continuing

education regarding the characteristics and methods of assessment and

treatment of the condition.

(b) A board vested with the responsibility of regulating the following

licensees shall consider including training regarding the characteristics and

method of assessment and treatment of acquired immune deficiency syndrome

(AIDS) in any continuing education or training requirements for those licens-

ees: chiropractors, medical laboratory technicians, dentists, dental hygienists,

dental assistants, physicians and surgeons, podiatrists, registered nurses,

17

BUSINESS & PROFESSIONS CODE

Bus. & Prof. Code

licensed vocational nurses, psychologists, physician assistants, respiratory

therapists, acupuncturists, marriage and family therapists, licensed educa-

tional psychologists, clinical social workers, and professional clinical counsel-

ors.

HISTORY:

Added Stats 1988 ch 1213 § 1. Amended Stats 1994 ch 26 § 2 (AB 1807), effective March 30, 1994;

Stats 2002 ch 1013 § 4 (SB 2026); Stats 2011 ch 381 § 4 (SB 146), effective January 1, 2012.

§ 35. Provision in rules and regulations for evaluation experience

obtained in armed services

It is the policy of this state that, consistent with the provision of high-quality

services, persons with skills, knowledge, and experience obtained in the armed

services of the United States should be permitted to apply this learning and

contribute to the employment needs of the state at the maximum level of

responsibility and skill for which they are qualified. To this end, rules and

regulations of boards provided for in this code shall provide for methods of

evaluating education, training, and experience obtained in the armed services,

if applicable to the requirements of the business, occupation, or profession

regulated. These rules and regulations shall also specify how this education,

training, and experience may be used to meet the licensure requirements for

the particular business, occupation, or profession regulated. Each board shall

consult with the Department of Veterans Affairs and the Military Department

before adopting these rules and regulations. Each board shall perform the

duties required by this section within existing budgetary resources of the

agency within which the board operates.

HISTORY:

Added Stats 1994 ch 987 § 1 (SB 1646), effective September 28, 1994. Amended Stats 1995 ch 91

§ 1 (SB 975); Stats 2010 ch 214 § 1 (AB 2783), effective January 1, 2011.

§ 40. State Board of Chiropractic Examiners or Osteopathic Medical

Board of California expert consultant agreements

(a) Subject to the standards described in Section 19130 of the Government

Code, any board, as defined in Section 22, the State Board of Chiropractic

Examiners, or the Osteopathic Medical Board of California may enter into an

agreement with an expert consultant to do any of the following:

(1) Provide an expert opinion on enforcement-related matters, including

providing testimony at an administrative hearing.

(2) Assist the board as a subject matter expert in examination develop-

ment, examination validation, or occupational analyses.

(3) Evaluate the mental or physical health of a licensee or an applicant for

a license as may be necessary to protect the public health and safety.

(b) An executed contract between a board and an expert consultant shall be

exempt from the provisions of Part 2 (commencing with Section 10100) of

Division 2 of the Public Contract Code.

18

BOARD OF PSYCHOLOGY

Bus. & Prof. Code

(c) Each board shall establish policies and procedures for the selection and

use of expert consultants.

(d) Nothing in this section shall be construed to expand the scope of practice

of an expert consultant providing services pursuant to this section.

HISTORY:

Added Stats 2011 ch 339 § 1 (SB 541), effective September 26, 2011.

DIVISION 1

DEPARTMENT OF CONSUMER AFFAIRS

HISTORY: Heading amended Stats 1973 ch 77 § 1.

CHAPTER 1

THE DEPARTMENT

§ 101.6. Purpose

The boards, bureaus, and commissions in the department are established for

the purpose of ensuring that those private businesses and professions deemed

to engage in activities which have potential impact upon the public health,

safety, and welfare are adequately regulated in order to protect the people of

California.

To this end, they establish minimum qualifications and levels of competency

and license persons desiring to engage in the occupations they regulate upon

determining that such persons possess the requisite skills and qualifications

necessary to provide safe and effective services to the public, or register or

otherwise certify persons in order to identify practitioners and ensure perfor-

mance according to set and accepted professional standards. They provide a

means for redress of grievances by investigating allegations of unprofessional

conduct, incompetence, fraudulent action, or unlawful activity brought to their

attention by members of the public and institute disciplinary action against

persons licensed or registered under the provisions of this code when such

action is warranted. In addition, they conduct periodic checks of licensees,

registrants, or otherwise certified persons in order to ensure compliance with

the relevant sections of this code.

HISTORY:

Added Stats 1980 ch 375 § 1.

§ 103. Compensation and reimbursement for expenses

Each member of a board, commission, or committee created in the various

chapters of Division 2 (commencing with Section 500) and Division 3 (com-

mencing with Section 5000), and in Chapter 2 (commencing with Section

18600) and Chapter 3 (commencing with Section 19000) of Division 8, shall

19

BUSINESS & PROFESSIONS CODE

Bus. & Prof. Code

receive the moneys specified in this section when authorized by the respective

provisions.

Each such member shall receive a per diem of one hundred dollars ($100) for

each day actually spent in the discharge of official duties, and shall be

reimbursed for traveling and other expenses necessarily incurred in the

performance of official duties.

The payments in each instance shall be made only from the fund from which

the expenses of the agency are paid and shall be subject to the availability of

money.

Notwithstanding any other provision of law, no public officer or employee

shall receive per diem salary compensation for serving on those boards,

commissions, committees, or the Consumer Advisory Council on any day when

the officer or employee also received compensation for his or her regular public

employment.

HISTORY:

Added Stats 1959 ch 1645 § 1. Amended Stats 1978 ch 1141 § 1; Stats 1985 ch 502 § 1; Stats 1987

ch 850 § 1; Stats 1993 ch 1264 § 1 (SB 574).

§ 104. Display of licenses or registrations

All boards or other regulatory entities within the department's jurisdiction

that the department determines to be health-related may adopt regulations to

require licensees to display their licenses or registrations in the locality in

which they are treating patients, and to inform patients as to the identity of

the regulatory agency they may contact if they have any questions or

complaints regarding the licensee. In complying with this requirement, those

boards may take into consideration the particular settings in which licensees

practice, or other circumstances which may make the displaying or providing

of information to the consumer extremely difficult for the licensee in their

particular type of practice.

HISTORY:

Added Stats 1998 ch 991 § 1 (SB1980).

§ 114. Reinstatement of expired license of licensee serving in mili-

tary

(a) Notwithstanding any other provision of this code, any licensee or

registrant of any board, commission, or bureau within the department whose

license expired while the licensee or registrant was on active duty as a member

of the California National Guard or the United States Armed Forces, may,

upon application, reinstate his or her license or registration without examina-

tion or penalty, provided that all of the following requirements are satisfied:

(1) His or her license or registration was valid at the time he or she

entered the California National Guard or the United States Armed Forces.

(2) The application for reinstatement is made while serving in the

California National Guard or the United States Armed Forces, or not later

20

BOARD OF PSYCHOLOGY

Bus. & Prof. Code

than one year from the date of discharge from active service or return to

inactive military status.

(3) The application for reinstatement is accompanied by an affidavit

showing the date of entrance into the service, whether still in the service, or

date of discharge, and the renewal fee for the current renewal period in

which the application is filed is paid.

(b) If application for reinstatement is filed more than one year after

discharge or return to inactive status, the applicant, in the discretion of the

licensing agency, may be required to pass an examination.

(c) If application for reinstatement is filed and the licensing agency deter-

mines that the applicant has not actively engaged in the practice of his or her

profession while on active duty, then the licensing agency may require the

applicant to pass an examination.

(d) Unless otherwise specifically provided in this code, any licensee or

registrant who, either part time or full time, practices in this state the

profession or vocation for which he or she is licensed or registered shall be

required to maintain his or her license in good standing even though he or she

is in military service.

For the purposes in this section, time spent by a licensee in receiving

treatment or hospitalization in any veterans' facility during which he or she is

prevented from practicing his or her profession or vocation shall be excluded

from said period of one year.

HISTORY:

Added Stats 1951 ch 185 § 2. Amended Stats 1953 ch 423 § 1; Stats 1961 ch 1253 § 1; Stats 2010

ch 389 § 1 (AB 2500), effective January 1, 2011; Stats 2011 ch 296 § 1 (AB 1023), effective January

1, 2012.

§ 114.3. Waiver of fees and requirements for active duty members of

armed forces and national guard

(a) Notwithstanding any other provision of law, every board, as defined in

Section 22, within the department shall waive the renewal fees, continuing

education requirements, and other renewal requirements as determined by the

board, if any are applicable, for any licensee or registrant called to active duty

as a member of the United States Armed Forces or the California National

Guard if all of the following requirements are met:

(1) The licensee or registrant possessed a current and valid license with

the board at the time he or she was called to active duty.

(2) The renewal requirements are waived only for the period during which

the licensee or registrant is on active duty service.

(3) Written documentation that substantiates the licensee or registrant's

active duty service is provided to the board.

(b)(1) Except as specified in paragraph (2), the licensee or registrant shall

not engage in any activities requiring a license during the period that the

waivers provided by this section are in effect.

21

BUSINESS & PROFESSIONS CODE

Bus. & Prof. Code

(2) If the licensee or registrant will provide services for which he or she is

licensed while on active duty, the board shall convert the license status to

military active and no private practice of any type shall be permitted.

(c) In order to engage in any activities for which he or she is licensed once

discharged from active duty, the licensee or registrant shall meet all necessary

renewal requirements as determined by the board within six months from the

licensee's or registrant's date of discharge from active duty service.

(d) After a licensee or registrant receives notice of his or her discharge date,

the licensee or registrant shall notify the board of his or her discharge from

active duty within 60 days of receiving his or her notice of discharge.

(e) A board may adopt regulations to carry out the provisions of this section.

(f) This section shall not apply to any board that has a similar license

renewal waiver process statutorily authorized for that board.

HISTORY:

Added Stats 2012 ch 742 § 1 (AB 1588), effective January 1, 2013.

§ 114.5. Military service; Posting of information on Web site about

application of military experience and training towards licensure

(a) Each board shall inquire in every application for licensure if the

individual applying for licensure is serving in, or has previously served in, the

military.

(b) If a board's governing law authorizes veterans to apply military experi-

ence and training towards licensure requirements, that board shall post

information on the board's Internet Web site about the ability of veteran

applicants to apply military experience and training towards licensure re-

quirements.

HISTORY:

Added Stats 2013 ch 693 § 1 (AB 1057), effective January 1, 2014. Amended Stats 2016 ch 174 § 1

(SB 1348), effective January 1, 2017.

§ 115. Applicability of Section 114

The provisions of Section 114 of this code are also applicable to a licensee or

registrant whose license or registration was obtained while in the armed

services.

HISTORY:

Added Stats 1951 ch 1577 § 1.

§ 115.4. Licensure process expedited for honorably discharged vet-

erans of Armed Forces

(a) Notwithstanding any other law, on and after July 1, 2016, a board within

the department shall expedite, and may assist, the initial licensure process for

an applicant who supplies satisfactory evidence to the board that the applicant

has served as an active duty member of the Armed Forces of the United States

and was honorably discharged.

22

BOARD OF PSYCHOLOGY

Bus. & Prof. Code

(b) A board may adopt regulations necessary to administer this section.

HISTORY:

Added Stats 2014 ch 657 § 1 (SB 1226), effective January 1, 2015.

§ 115.5. Board required to expedite licensure process for certain ap-

plicants; Adoption of regulations

(a) A board within the department shall expedite the licensure process for

an applicant who meets both of the following requirements:

(1) Supplies evidence satisfactory to the board that the applicant is

married to, or in a domestic partnership or other legal union with, an active

duty member of the Armed Forces of the United States who is assigned to a

duty station in this state under official active duty military orders.

(2) Holds a current license in another state, district, or territory of the

United States in the profession or vocation for which he or she seeks a

license from the board.

(b) A board may adopt regulations necessary to administer this section.

HISTORY:

Added Stats 2012 ch 399 § 1 (AB 1904), effective January 1, 2013.

§ 118. Effect of withdrawal of application; Effect of suspension, for-

feiture, etc., of license

(a) The withdrawal of an application for a license after it has been filed with

a board in the department shall not, unless the board has consented in writing

to such withdrawal, deprive the board of its authority to institute or continue

a proceeding against the applicant for the denial of the license upon any

ground provided by law or to enter an order denying the license upon any such

ground.

(b) The suspension, expiration, or forfeiture by operation of law of a license

issued by a board in the department, or its suspension, forfeiture, or cancel-

lation by order of the board or by order of a court of law, or its surrender

without the written consent of the board, shall not, during any period in which

it may be renewed, restored, reissued, or reinstated, deprive the board of its

authority to institute or continue a disciplinary proceeding against the licensee

upon any ground provided by law or to enter an order suspending or revoking

the license or otherwise taking disciplinary action against the licensee on any

such ground.

(c) As used in this section, "board" includes an individual who is authorized

by any provision of this code to issue, suspend, or revoke a license, and

"license" includes "certificate," "registration," and "permit."

HISTORY:

Added Stats 1961 ch 1079 § 1.

§ 119. Misdemeanors pertaining to use of licenses

Any person who does any of the following is guilty of a misdemeanor:

23

BUSINESS & PROFESSIONS CODE

Bus. & Prof. Code

(a) Displays or causes or permits to be displayed or has in his or her

possession either of the following:

(1) A canceled, revoked, suspended, or fraudulently altered license.

(2) A fictitious license or any document simulating a license or purport-

ing to be or have been issued as a license.

(b) Lends his or her license to any other person or knowingly permits the

use thereof by another.

(c) Displays or represents any license not issued to him or her as being his

or her license.

(d) Fails or refuses to surrender to the issuing authority upon its lawful

written demand any license, registration, permit, or certificate which has

been suspended, revoked, or canceled.

(e) Knowingly permits any unlawful use of a license issued to him or her.

(f) Photographs, photostats, duplicates, manufactures, or in any way

reproduces any license or facsimile thereof in a manner that it could be

mistaken for a valid license, or displays or has in his or her possession any

such photograph, photostat, duplicate, reproduction, or facsimile unless

authorized by this code.

(g) Buys or receives a fraudulent, forged, or counterfeited license knowing

that it is fraudulent, forged, or counterfeited. For purposes of this subdivi-

sion, "fraudulent" means containing any misrepresentation of fact.

As used in this section, "license" includes "certificate," "permit," "author-

ity," and "registration" or any other indicia giving authorization to engage in

a business or profession regulated by this code or referred to in Section 1000

or 3600.

HISTORY:

Added Stats 1965 ch 1083 § 1. Amended Stats 1990 ch 350 § 1 (SB 2084) (ch 1207 prevails), ch 1207

§ 1 (AB 3242); Stats 1994 ch 1206 § 1 (SB 1775); Stats 2000 ch 568 § 1 (AB 2888).

§ 121. Practice during period between renewal and receipt of evi-

dence of renewal

No licensee who has complied with the provisions of this code relating to the

renewal of his or her license prior to expiration of such license shall be deemed

to be engaged illegally in the practice of his or her business or profession

during any period between such renewal and receipt of evidence of such

renewal which may occur due to delay not the fault of the applicant.

As used in this section, "license" includes "certificate," "permit," "authoriza-

tion," and "registration," or any other indicia giving authorization, by any

agency, board, bureau, commission, committee, or entity within the Depart-

ment of Consumer Affairs, to engage in a business or profession regulated by

this code or by the board referred to in the Chiropractic Act or the Osteopathic

Act.

HISTORY:

Added Stats 1979 ch 77 § 1.

24

BOARD OF PSYCHOLOGY

Bus. & Prof. Code

§ 125. Misdemeanor offenses by licensees

Any person, licensed under Division 1 (commencing with Section 100),

Division 2 (commencing with Section 500), or Division 3 (commencing with

Section 5000) is guilty of a misdemeanor and subject to the disciplinary

provisions of this code applicable to him or her, who conspires with a person not

so licensed to violate any provision of this code, or who, with intent to aid or

assist that person in violating those provisions does either of the following:

(a) Allows his or her license to be used by that person.

(b) Acts as his or her agent or partner.

HISTORY:

Added Stats 1949 ch 308 § 1. Amended Stats 1994 ch 1206 § 2 (SB 1775).

§ 125.6. Unlawful discrimination by licensees

(a)(1) With regard to an applicant, every person who holds a license under

the provisions of this code is subject to disciplinary action under the

disciplinary provisions of this code applicable to that person if, because of

any characteristic listed or defined in subdivision (b) or (e) of Section 51 of

the Civil Code, he or she refuses to perform the licensed activity or aids or

incites the refusal to perform that licensed activity by another licensee, or if,

because of any characteristic listed or defined in subdivision (b) or (e) of

Section 51 of the Civil Code, he or she makes any discrimination, or

restriction in the performance of the licensed activity.

(2) Nothing in this section shall be interpreted to prevent a physician or

health care professional licensed pursuant to Division 2 (commencing with

Section 500) from considering any of the characteristics of a patient listed in

subdivision (b) or (e) of Section 51 of the Civil Code if that consideration is

medically necessary and for the sole purpose of determining the appropriate

diagnosis or treatment of the patient.

(3) Nothing in this section shall be interpreted to apply to discrimination

by employers with regard to employees or prospective employees, nor shall

this section authorize action against any club license issued pursuant to

Article 4 (commencing with Section 23425) of Chapter 3 of Division 9

because of discriminatory membership policy.

(4) The presence of architectural barriers to an individual with physical

disabilities that conform to applicable state or local building codes and

regulations shall not constitute discrimination under this section.

(b)(1) Nothing in this section requires a person licensed pursuant to Divi-

sion 2 (commencing with Section 500) to permit an individual to participate

in, or benefit from, the licensed activity of the licensee where that individual

poses a direct threat to the health or safety of others. For this purpose, the

term "direct threat" means a significant risk to the health or safety of others

that cannot be eliminated by a modification of policies, practices, or proce-

dures or by the provision of auxiliary aids and services.

(2) Nothing in this section requires a person licensed pursuant to Division

25

BUSINESS & PROFESSIONS CODE

Bus. & Prof. Code

2 (commencing with Section 500) to perform a licensed activity for which he

or she is not qualified to perform.

(c)(1) "Applicant," as used in this section, means a person applying for

licensed services provided by a person licensed under this code.

(2) "License," as used in this section, includes "certificate," "permit,"

"authority," and "registration" or any other indicia giving authorization to

engage in a business or profession regulated by this code.

HISTORY:

Added Stats 1974 ch 1350 § 1. Amended Stats 1977 ch 293 § 1; Stats 1980 ch 191 § 1; Stats 1992

ch 913 § 2 (AB 1077); Stats 2007 ch 568 § 2 (AB 14), effective January 1, 2008.

§ 125.9. System for issuance of citations to licensees; Contents;

Fines

(a) Except with respect to persons regulated under Chapter 11 (commencing

with Section 7500), any board, bureau, or commission within the department,

the board created by the Chiropractic Initiative Act, and the Osteopathic

Medical Board of California, may establish, by regulation, a system for the

issuance to a licensee of a citation which may contain an order of abatement or

an order to pay an administrative fine assessed by the board, bureau, or

commission where the licensee is in violation of the applicable licensing act or

any regulation adopted pursuant thereto.

(b) The system shall contain the following provisions:

(1) Citations shall be in writing and shall describe with particularity the

nature of the violation, including specific reference to the provision of law

determined to have been violated.

(2) Whenever appropriate, the citation shall contain an order of abate-

ment fixing a reasonable time for abatement of the violation.

(3) In no event shall the administrative fine assessed by the board,

bureau, or commission exceed five thousand dollars ($5,000) for each

inspection or each investigation made with respect to the violation, or five

thousand dollars ($5,000) for each violation or count if the violation involves

fraudulent billing submitted to an insurance company, the Medi-Cal pro-

gram, or Medicare. In assessing a fine, the board, bureau, or commission

shall give due consideration to the appropriateness of the amount of the fine

with respect to factors such as the gravity of the violation, the good faith of

the licensee, and the history of previous violations.

(4) A citation or fine assessment issued pursuant to a citation shall inform

the licensee that if he or she desires a hearing to contest the finding of a

violation, that hearing shall be requested by written notice to the board,

bureau, or commission within 30 days of the date of issuance of the citation

or assessment. If a hearing is not requested pursuant to this section,

payment of any fine shall not constitute an admission of the violation

charged. Hearings shall be held pursuant to Chapter 5 (commencing with

Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code.

26

BOARD OF PSYCHOLOGY

Bus. & Prof. Code

(5) Failure of a licensee to pay a fine within 30 days of the date of

assessment, unless the citation is being appealed, may result in disciplinary

action being taken by the board, bureau, or commission. Where a citation is

not contested and a fine is not paid, the full amount of the assessed fine shall

be added to the fee for renewal of the license. A license shall not be renewed

without payment of the renewal fee and fine.

(c) The system may contain the following provisions:

(1) A citation may be issued without the assessment of an administrative

fine.

(2) Assessment of administrative fines may be limited to only particular

violations of the applicable licensing act.

(d) Notwithstanding any other provision of law, if a fine is paid to satisfy an

assessment based on the finding of a violation, payment of the fine shall be

represented as satisfactory resolution of the matter for purposes of public

disclosure.

(e) Administrative fines collected pursuant to this section shall be deposited

in the special fund of the particular board, bureau, or commission.

HISTORY:

Added Stats 1986 ch 1379 § 2. Amended Stats 1987 ch 1088 § 1; Stats 1991 ch 521 § 1 (SB 650);

Stats 1995 ch 381 § 4 (AB 910), effective August 4, 1995, ch 708 § 1 (SB 609); Stats 2000 ch 197 § 1

(SB 1636); Stats 2001 ch 309 § 1 (AB 761), ch 728 § 1.2 (SB 724); Stats 2003 ch 788 § 1 (SB 362); Stats

2012 ch 291 § 1 (SB 1077), effective January 1, 2013.

§ 129. Handling of complaints; Reports to Legislature

(a) As used in this section, "board" means every board, bureau, commission,

committee, and similarly constituted agency in the department that issues

licenses.

(b) Each board shall, upon receipt of any complaint respecting an individual

licensed by the board, notify the complainant of the initial administrative

action taken on his or her complaint within 10 days of receipt. Each board shall

notify the complainant of the final action taken on his or her complaint. There

shall be a notification made in every case in which the complainant is known.

If the complaint is not within the jurisdiction of the board or if the board is

unable to dispose satisfactorily of the complaint, the board shall transmit the

complaint together with any evidence or information it has concerning the

complaint to the agency, public or private, whose authority in the opinion of the

board will provide the most effective means to secure the relief sought. The

board shall notify the complainant of this action and of any other means that

may be available to the complainant to secure relief.

(c) The board shall, when the board deems it appropriate, notify the person

against whom the complaint is made of the nature of the complaint, may

request appropriate relief for the complainant, and may meet and confer with

the complainant and the licensee in order to mediate the complaint. Nothing in

this subdivision shall be construed as authorizing or requiring any board to set

or to modify any fee charged by a licensee.

27

BUSINESS & PROFESSIONS CODE

Bus. & Prof. Code

(d) It shall be the continuing duty of the board to ascertain patterns of

complaints and to report on all actions taken with respect to those patterns of

complaints to the director and to the Legislature at least once per year. The

board shall evaluate those complaints dismissed for lack of jurisdiction or no

violation and recommend to the director and to the Legislature at least once

per year the statutory changes it deems necessary to implement the board's

functions and responsibilities under this section.

(e) It shall be the continuing duty of the board to take whatever action it

deems necessary, with the approval of the director, to inform the public of its

functions under this section.

(f) Notwithstanding any other law, upon receipt of a child custody evalua-

tion report submitted to a court pursuant to Chapter 6 (commencing with

Section 3110) of Part 2 of Division 8 of the Family Code, the board shall notify

the noncomplaining party in the underlying custody dispute, who is a subject

of that report, of the pending investigation.

HISTORY:

Added Stats 1972 ch 1041 § 1. Amended Stats 2014 ch 283 § 1 (AB 1843), effective January 1, 2015.

§ 136. Notification of change of address; Punishment for failure to

comply

(a) Each person holding a license, certificate, registration, permit, or other

authority to engage in a profession or occupation issued by a board within the

department shall notify the issuing board at its principal office of any change

in his or her mailing address within 30 days after the change, unless the board

has specified by regulations a shorter time period.

(b) Except as otherwise provided by law, failure of a licentiate to comply

with the requirement in subdivision (a) constitutes grounds for the issuance of

a citation and administrative fine, if the board has the authority to issue

citations and administrative fines.

HISTORY:

Added Stats 1994 ch 26 § 7 (AB 1807), effective March 30, 1994.

§ 138. Notice that practitioner is licensed; Evaluation of licensing

examination

Every board in the department, as defined in Section 22, shall initiate the

process of adopting regulations on or before June 30, 1999, to require its

licentiates, as defined in Section 23.8, to provide notice to their clients or

customers that the practitioner is licensed by this state. A board shall be

exempt from the requirement to adopt regulations pursuant to this section if

the board has in place, in statute or regulation, a requirement that provides for

consumer notice of a practitioner's status as a licensee of this state.

HISTORY:

Added Stats 1998 ch 879 § 1 (SB 2238). Amended Stats 1999 ch 67 § 1 (AB 1105), effective July 6,

1999.

28

BOARD OF PSYCHOLOGY

Bus. & Prof. Code

§ 139. Policy for examination development and validation, and oc-

cupational analysis

(a) The Legislature finds and declares that occupational analyses and

examination validation studies are fundamental components of licensure

programs. It is the intent of the Legislature that the policy developed by the

department pursuant to subdivision (b) be used by the fiscal, policy, and sunset

review committees of the Legislature in their annual reviews of these boards,

programs, and bureaus.

(b) Notwithstanding any other provision of law, the department shall

develop, in consultation with the boards, programs, bureaus, and divisions

under its jurisdiction, and the Osteopathic Medical Board of California and the

State Board of Chiropractic Examiners, a policy regarding examination

development and validation, and occupational analysis. The department shall

finalize and distribute this policy by September 30, 1999, to each of the boards,

programs, bureaus, and divisions under its jurisdiction and to the Osteopathic

Medical Board of California and the State Board of Chiropractic Examiners.

This policy shall be submitted in draft form at least 30 days prior to that date

to the appropriate fiscal, policy, and sunset review committees of the Legisla-

ture for review. This policy shall address, but shall not be limited to, the

following issues:

(1) An appropriate schedule for examination validation and occupational

analyses, and circumstances under which more frequent reviews are appro-

priate.

(2) Minimum requirements for psychometrically sound examination vali-

dation, examination development, and occupational analyses, including

standards for sufficient number of test items.

(3) Standards for review of state and national examinations.

(4) Setting of passing standards.

(5) Appropriate funding sources for examination validations and occupa-

tional analyses.

(6) Conditions under which boards, programs, and bureaus should use

internal and external entities to conduct these reviews.

(7) Standards for determining appropriate costs of reviews of different

types of examinations, measured in terms of hours required.

(8) Conditions under which it is appropriate to fund permanent and

limited term positions within a board, program, or bureau to manage these

reviews.

(c) Every regulatory board and bureau, as defined in Section 22, and every

program and bureau administered by the department, the Osteopathic Medi-

cal Board of California, and the State Board of Chiropractic Examiners, shall

submit to the director on or before December 1, 1999, and on or before

December 1 of each subsequent year, its method for ensuring that every

licensing examination administered by or pursuant to contract with the board

is subject to periodic evaluation. The evaluation shall include (1) a description

of the occupational analysis serving as the basis for the examination; (2)

29

BUSINESS & PROFESSIONS CODE

Bus. & Prof. Code

sufficient item analysis data to permit a psychometric evaluation of the items;

(3) an assessment of the appropriateness of prerequisites for admittance to the

examination; and (4) an estimate of the costs and personnel required to

perform these functions. The evaluation shall be revised and a new evaluation

submitted to the director whenever, in the judgment of the board, program, or

bureau, there is a substantial change in the examination or the prerequisites

for admittance to the examination.

(d) The evaluation may be conducted by the board, program, or bureau, the

Office of Professional Examination Services of the department, the Osteopathic

Medical Board of California, or the State Board of Chiropractic Examiners or

pursuant to a contract with a qualified private testing firm. A board, program,

or bureau that provides for development or administration of a licensing

examination pursuant to contract with a public or private entity may rely on

an occupational analysis or item analysis conducted by that entity. The

department shall compile this information, along with a schedule specifying

when examination validations and occupational analyses shall be performed,

and submit it to the appropriate fiscal, policy, and sunset review committees of

the Legislature by September 30 of each year. It is the intent of the Legislature

that the method specified in this report be consistent with the policy developed

by the department pursuant to subdivision (b).

HISTORY:

Added Stats 1999 ch 67 § 2 (AB 1105), effective July 6, 1999. Amended Stats 2009 ch 307 § 1 (SB

821), effective January 1, 2010.

§ 141. Disciplinary action by foreign jurisdiction; Grounds for disci-

plinary action by state licensing board

(a) For any licensee holding a license issued by a board under the jurisdic-

tion of the department, a disciplinary action taken by another state, by any

agency of the federal government, or by another country for any act substan-

tially related to the practice regulated by the California license, may be a

ground for disciplinary action by the respective state licensing board. A

certified copy of the record of the disciplinary action taken against the licensee

by another state, an agency of the federal government, or another country shall

be conclusive evidence of the events related therein.

(b) Nothing in this section shall preclude a board from applying a specific

statutory provision in the licensing act administered by that board that

provides for discipline based upon a disciplinary action taken against the

licensee by another state, an agency of the federal government, or another

country.

HISTORY:

Added Stats 1994 ch 1275 § 2 (SB 2101).

§ 144. Requirement of fingerprints for criminal record checks; Ap-

plicability

(a) Notwithstanding any other law, an agency designated in subdivision (b)

30

BOARD OF PSYCHOLOGY

Bus. & Prof. Code

shall require an applicant to furnish to the agency a full set of fingerprints for

purposes of conducting criminal history record checks. Any agency designated

in subdivision (b) may obtain and receive, at its discretion, criminal history

information from the Department of Justice and the United States Federal

Bureau of Investigation.

(b) Subdivision (a) applies to the following:

(1) California Board of Accountancy.

(2) State Athletic Commission.

(3) Board of Behavioral Sciences.

(4) Court Reporters Board of California.

(5) State Board of Guide Dogs for the Blind.

(6) California State Board of Pharmacy.

(7) Board of Registered Nursing.

(8) Veterinary Medical Board.

(9) Board of Vocational Nursing and Psychiatric Technicians.

(10) Respiratory Care Board of California.

(11) Physical Therapy Board of California.

(12) Physician Assistant Committee of the Medical Board of California.

(13) Speech-Language Pathology and Audiology and Hearing Aid Dis-

pensers Board.

(14) Medical Board of California.

(15) State Board of Optometry.

(16) Acupuncture Board.

(17) Cemetery and Funeral Bureau.

(18) Bureau of Security and Investigative Services.

(19) Division of Investigation.

(20) Board of Psychology.

(21) California Board of Occupational Therapy.

(22) Structural Pest Control Board.

(23) Contractors' State License Board.

(24) Naturopathic Medicine Committee.

(25) Professional Fiduciaries Bureau.

(26) Board for Professional Engineers, Land Surveyors, and Geologists.

(27) Bureau of Cannabis Control.

(28) California Board of Podiatric Medicine.

(29) Osteopathic Medical Board of California.

(c) For purposes of paragraph (26) of subdivision (b), the term "applicant"

shall be limited to an initial applicant who has never been registered or

licensed by the board or to an applicant for a new licensure or registration

category.

HISTORY:

Added Stats 1997 ch 758 § 2 (SB 1346). Amended Stats 2000 ch 697 § 1.2 (SB 1046), operative

January 1, 2001; Stats 2001 ch 159 § 4 (SB 662), Stats 2001 ch 687 § 2 (AB 1409) (ch 687 prevails);

Stats 2002 ch 744 § 1 (SB 1953), Stats 2002 ch 825 § 1 (SB 1952); Stats 2003 ch 485 § 2 (SB 907), Stats

2003 ch 789 § 1 (SB 364), Stats 2003 ch 874 § 1 (SB 363); Stats 2004 ch 909 § 1.2 (SB 136), effective

31

BUSINESS & PROFESSIONS CODE

Bus. & Prof. Code

September 30, 2004; Stats 2009 ch 308 § 4 (SB 819), effective January 1, 2010; Stats 2011 ch 448 §

1 (SB 543), effective January 1, 2012; Stats 2015 ch 719 § 1 (SB 643), effective January 1, 2016; Stats

2016 ch 32 § 3 (SB 837), effective June 27, 2016; Stats 2017 ch 775 § 3 (SB 798), effective January 1,

2018; Stats 2018 ch 6 § 1 (AB 106), effective March 13, 2018.

§ 144.5. Board authority

Notwithstanding any other law, a board described in Section 144 may

request, and is authorized to receive, from a local or state agency certified

records of all arrests and convictions, certified records regarding probation,

and any and all other related documentation needed to complete an applicant

or licensee investigation. A local or state agency may provide those records to

the board upon request.

HISTORY:

Added Stats 2013 ch 516 § 1 (SB 305), effective January 1, 2014.

CHAPTER 1.5

UNLICENSED ACTIVITY ENFORCEMENT

HISTORY: Added Stats 1992 ch 1135 § 2.

§ 148. Establishment of administrative citation system

Any board, bureau, or commission within the department may, in addition to

the administrative citation system authorized by Section 125.9, also establish,

by regulation, a similar system for the issuance of an administrative citation

to an unlicensed person who is acting in the capacity of a licensee or registrant

under the jurisdiction of that board, bureau, or commission. The administra-

tive citation system authorized by this section shall meet the requirements of

Section 125.9 and may not be applied to an unlicensed person who is otherwise

exempted from the provisions of the applicable licensing act. The establish-

ment of an administrative citation system for unlicensed activity does not

preclude the use of other enforcement statutes for unlicensed activities at the

discretion of the board, bureau, or commission.

HISTORY:

Added Stats 1992 ch 1135 § 2 (SB 2044).

CHAPTER 2

THE DIRECTOR OF CONSUMER AFFAIRS

HISTORY: Heading amended Stats 1973 ch 77 § 2.

§ 159. Administration of oaths

The members and the executive officer of each board, agency, bureau,

32

BOARD OF PSYCHOLOGY

Bus. & Prof. Code

division, or commission have power to administer oaths and affirmations in the

performance of any business of the board, and to certify to official acts.

HISTORY:

Added Stats 1947 ch 1350 § 5.

CHAPTER 4

CONSUMER AFFAIRS

HISTORY: Added Stats 1970 ch 1394 § 3, operative July 1, 1971.

ARTICLE 3.6

UNIFORM STANDARDS REGARDING

SUBSTANCE-ABUSING HEALING ARTS

LICENSEES

HISTORY: Added Stats 2008 ch 548 § 3, effective January 1, 2009.

§ 315. Establishment of Substance Abuse Coordination Committee;

Members; Duties

(a) For the purpose of determining uniform standards that will be used by

healing arts boards in dealing with substance-abusing licensees, there is

established in the Department of Consumer Affairs the Substance Abuse

Coordination Committee. The committee shall be comprised of the executive

officers of the department's healing arts boards established pursuant to

Division 2 (commencing with Section 500), the State Board of Chiropractic

Examiners, the Osteopathic Medical Board of California, and a designee of the

State Department of Health Care Services. The Director of Consumer Affairs

shall chair the committee and may invite individuals or stakeholders who have

particular expertise in the area of substance abuse to advise the committee.

(b) The committee shall be subject to the Bagley-Keene Open Meeting Act

(Article 9 (commencing with Section 11120) of Division 3 of Title 2 of the

Government Code).

(c) By January 1, 2010, the committee shall formulate uniform and specific

standards in each of the following areas that each healing arts board shall use

in dealing with substance-abusing licensees, whether or not a board chooses to

have a formal diversion program:

(1) Specific requirements for a clinical diagnostic evaluation of the li-

censee, including, but not limited to, required qualifications for the providers

evaluating the licensee.

(2) Specific requirements for the temporary removal of the licensee from

practice, in order to enable the licensee to undergo the clinical diagnostic

evaluation described in paragraph (1) and any treatment recommended by

33

BUSINESS & PROFESSIONS CODE

Bus. & Prof. Code

the evaluator described in paragraph (1) and approved by the board, and

specific criteria that the licensee must meet before being permitted to return

to practice on a full-time or part-time basis.

(3) Specific requirements that govern the ability of the licensing board to

communicate with the licensee's employer about the licensee's status and

condition.

(4) Standards governing all aspects of required testing, including, but not

limited to, frequency of testing, randomness, method of notice to the licensee,

number of hours between the provision of notice and the test, standards for

specimen collectors, procedures used by specimen collectors, the permissible

locations of testing, whether the collection process must be observed by the

collector, backup testing requirements when the licensee is on vacation or

otherwise unavailable for local testing, requirements for the laboratory that

analyzes the specimens, and the required maximum timeframe from the test

to the receipt of the result of the test.

(5) Standards governing all aspects of group meeting attendance require-

ments, including, but not limited to, required qualifications for group

meeting facilitators, frequency of required meeting attendance, and methods

of documenting and reporting attendance or nonattendance by licensees.

(6) Standards used in determining whether inpatient, outpatient, or other

type of treatment is necessary.

(7) Worksite monitoring requirements and standards, including, but not

limited to, required qualifications of worksite monitors, required methods of

monitoring by worksite monitors, and required reporting by worksite moni-

tors.

(8) Procedures to be followed when a licensee tests positive for a banned

substance.

(9) Procedures to be followed when a licensee is confirmed to have

ingested a banned substance.

(10) Specific consequences for major violations and minor violations. In

particular, the committee shall consider the use of a "deferred prosecution"

stipulation similar to the stipulation described in Section 1000 of the Penal

Code, in which the licensee admits to self-abuse of drugs or alcohol and

surrenders his or her license. That agreement is deferred by the agency

unless or until the licensee commits a major violation, in which case it is

revived and the license is surrendered.

(11) Criteria that a licensee must meet in order to petition for return to

practice on a full-time basis.

(12) Criteria that a licensee must meet in order to petition for reinstate-

ment of a full and unrestricted license.

(13) If a board uses a private-sector vendor that provides diversion

services, standards for immediate reporting by the vendor to the board of

any and all noncompliance with any term of the diversion contract or

probation; standards for the vendor's approval process for providers or

contractors that provide diversion services, including, but not limited to,

34

BOARD OF PSYCHOLOGY

Bus. & Prof. Code

specimen collectors, group meeting facilitators, and worksite monitors;

standards requiring the vendor to disapprove and discontinue the use of

providers or contractors that fail to provide effective or timely diversion

services; and standards for a licensee's termination from the program and

referral to enforcement.

(14) If a board uses a private-sector vendor that provides diversion

services, the extent to which licensee participation in that program shall be

kept confidential from the public.

(15) If a board uses a private-sector vendor that provides diversion

services, a schedule for external independent audits of the vendor's perfor-

mance in adhering to the standards adopted by the committee.

(16) Measurable criteria and standards to determine whether each

board's method of dealing with substance-abusing licensees protects patients

from harm and is effective in assisting its licensees in recovering from

substance abuse in the long term.

(d) Notwithstanding any other law, by January 1, 2019, the committee shall

review the existing criteria for Uniform Standard #4 established pursuant to

paragraph (4) of subdivision (c). The committee's review and findings shall

determine whether the existing criteria for Uniform Standard #4 should be

updated to reflect recent developments in testing research and technology. The

committee shall consider information from, but not limited to, the American

Society of Addiction Medicine, and other sources of best practices.

HISTORY:

Added Stats 2008 ch 548 § 3 (SB 1441), effective January 1, 2009. Amended Stats 2009 ch 140 § 1

(AB 1164), effective January 1, 2010; Stats 2013 ch 22 § 1 (AB 75), effective June 27, 2013, operative

July 1, 2013; Stats 2017 ch 600 § 1 (SB 796), effective January 1, 2018.

§ 315.2. Cease practice order

(a) A board, as described in Section 315, shall order a licensee of the board

to cease practice if the licensee tests positive for any substance that is

prohibited under the terms of the licensee's probation or diversion program.

(b) An order to cease practice under this section shall not be governed by the

provisions of Chapter 5 (commencing with Section 11500) of Part 1 of Division

3 of Title 2 of the Government Code.

(c) A cease practice order under this section shall not constitute disciplinary

action.

(d) This section shall have no effect on the Board of Registered Nursing

pursuant to Article 3.1 (commencing with Section 2770) of Chapter 6 of

Division 2.

HISTORY:

Added Stats 2010 ch 517 § 2 (SB 1172), effective January 1, 2011.

§ 315.4. Cease practice order for violation of probation or diversion

program

(a) A board, as described in Section 315, may adopt regulations authorizing

35

BUSINESS & PROFESSIONS CODE

Bus. & Prof. Code

the board to order a licensee on probation or in a diversion program to cease

practice for major violations and when the board orders a licensee to undergo

a clinical diagnostic evaluation pursuant to the uniform and specific standards

adopted and authorized under Section 315.

(b) An order to cease practice under this section shall not be governed by the

provisions of Chapter 5 (commencing with Section 11500) of Part 1 of Division

3 of Title 2 of the Government Code.

(c) A cease practice order under this section shall not constitute disciplinary

action.

(d) This section shall have no effect on the Board of Registered Nursing

pursuant to Article 3.1 (commencing with Section 2770) of Chapter 6 of

Division 2.

HISTORY:

Added Stats 2010 ch 517 § 3 (SB 1172), effective January 1, 2011.

ARTICLE 6

INFORMATION

§ 337. Informational brochure for victims of psychotherapist-pa-

tient sexual contact; Contents

(a) The Board of Behavioral Sciences, the Board of Psychology, the Medical

Board of California, and the Osteopathic Medical Board of California shall

prepare and disseminate an informational brochure for victims of psychothera-

pist-client sexual behavior and sexual contact and their advocates. This

brochure shall be developed by the Board of Behavioral Sciences, the Board of

Psychology, the Medical Board of California, and the Osteopathic Medical

Board of California.

(b) The brochure shall include, but is not limited to, the following:

(1) A legal and an informal definition of psychotherapist-client sexual

behavior and sexual contact.

(2) A brief description of common personal reactions.

(3) A client's bill of rights.

(4) Instructions for reporting psychotherapist-client sexual behavior and

sexual contact.

(5) A full description of administrative complaint procedures.

(6) Information that other civil and criminal remedies may also be

available to them in regards to the incident.

(7) A description of services available for support of victims.

(c) The brochure shall be provided to each individual contacting the Board of

Behavioral Sciences, the Board of Psychology, the Medical Board of California,

or the Osteopathic Medical Board of California regarding a complaint involv-

ing psychotherapist-client sexual behavior and sexual contact.

(d) The brochure shall be made available on the Internet Web sites of the

36

BOARD OF PSYCHOLOGY

Bus. & Prof. Code

Board of Behavioral Sciences, the Board of Psychology, the Medical Board of

California, and the Osteopathic Medical Board of California.

HISTORY:

Added Stats 1987 ch 1448 § 1. Amended Stats 1989 ch 886 § 5; Stats 2007 ch 588 § 1 (SB 1048),

effective January 1, 2008; Stats 2018 ch 778 § 1 (AB 2968), effective January 1, 2019.

DIVISION 1.5

DENIAL, SUSPENSION AND REVOCATION OF

LICENSES

HISTORY: Added Stats 1972 ch 903 § 1.

CHAPTER 1

GENERAL PROVISIONS

§ 475. Applicability of division

(a) Notwithstanding any other provisions of this code, the provisions of this

division shall govern the denial of licenses on the grounds of:

(1) Knowingly making a false statement of material fact, or knowingly

omitting to state a material fact, in an application for a license.

(2) Conviction of a crime.

(3) Commission of any act involving dishonesty, fraud or deceit with the

intent to substantially benefit himself or another, or substantially injure

another.

(4) Commission of any act which, if done by a licentiate of the business or

profession in question, would be grounds for suspension or revocation of

license.

(b) Notwithstanding any other provisions of this code, the provisions of this

division shall govern the suspension and revocation of licenses on grounds

specified in paragraphs (1) and (2) of subdivision (a).

(c) A license shall not be denied, suspended, or revoked on the grounds of a

lack of good moral character or any similar ground relating to an applicant's

character, reputation, personality, or habits.

HISTORY:

Added Stats 1972 ch 903 § 1. Amended Stats 1974 ch 1321 § 1; Stats 1992 ch 1289 § 5 (AB 2743).

§ 476. Exemptions

(a) Except as provided in subdivision (b), nothing in this division shall apply

to the licensure or registration of persons pursuant to Chapter 4 (commencing

with Section 6000) of Division 3, or pursuant to Division 9 (commencing with

Section 23000) or pursuant to Chapter 5 (commencing with Section 19800) of

Division 8.

37

BUSINESS & PROFESSIONS CODE

Bus. & Prof. Code

(b) Section 494.5 shall apply to the licensure of persons authorized to

practice law pursuant to Chapter 4 (commencing with Section 6000) of Division

3, and the licensure or registration of persons pursuant to Chapter 5 (com-

mencing with Section 19800) of Division 8 or pursuant to Division 9 (commenc-

ing with Section 23000).

HISTORY:

Added Stats 1972 ch 903 § 1. Amended Stats 1983 ch 721 § 1; Stats 2011 ch 455 § 2 (AB 1424),

effective January 1, 2012.

§ 477. "Board"; "License"

As used in this division:

(a) "Board" includes "bureau," "commission," "committee," "department,"

"division," "examining committee," "program," and "agency."

(b) "License" includes certificate, registration or other means to engage in

a business or profession regulated by this code.

HISTORY:

Added Stats 1972 ch 903 § 1. Amended Stats 1974 ch 1321 § 2; Stats 1983 ch 95 § 1; Stats 1991 ch

654 § 5 (AB 1893).

§ 478. "Application"; "Material"

(a) As used in this division, "application" includes the original documents or

writings filed and any other supporting documents or writings including

supporting documents provided or filed contemporaneously, or later, in support

of the application whether provided or filed by the applicant or by any other

person in support of the application.

(b) As used in this division, "material" includes a statement or omission

substantially related to the qualifications, functions, or duties of the business

or profession.

HISTORY:

Added Stats 1992 ch 1289 § 6 (AB 2743).

CHAPTER 2

DENIAL OF LICENSES

§ 480. Grounds for denial; Effect of obtaining certificate of rehabili-

tation [Effective until January 1, 2021; Inoperative July 1, 2020; Re-

pealed effective January 1, 2021]

(a) A board may deny a license regulated by this code on the grounds that

the applicant has one of the following:

(1) Been convicted of a crime. A conviction within the meaning of this

section means a plea or verdict of guilty or a conviction following a plea of

nolo contendere. Any action that a board is permitted to take following the

establishment of a conviction may be taken when the time for appeal has

38

BOARD OF PSYCHOLOGY

Bus. & Prof. Code

elapsed, or 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 the provisions of Section 1203.4,

1203.4a, or 1203.41 of the Penal Code.

(2) Done any act involving dishonesty, fraud, or deceit with the intent to

substantially benefit himself or herself or another, or substantially injure

another.

(3)(A) Done any act that if done by a licentiate of the business or

profession in question, would be grounds for suspension or revocation of

license.

(B) The board may deny a license pursuant to this subdivision only if

the crime or act is substantially related to the qualifications, functions, or

duties of the business or profession for which application is made.

(b) Notwithstanding any other provision of this code, a person shall not be

denied a license solely on the basis that he or she has been convicted of a felony

if he or she has obtained a certificate of rehabilitation under Chapter 3.5

(commencing with Section 4852.01) of Title 6 of Part 3 of the Penal Code or that

he or she has been convicted of a misdemeanor if he or she has met all

applicable requirements of the criteria of rehabilitation developed by the board

to evaluate the rehabilitation of a person when considering the denial of a

license under subdivision (a) of Section 482.

(c) Notwithstanding any other provisions of this code, a person shall not be

denied a license solely on the basis of a conviction that has been dismissed

pursuant to Section 1203.4, 1203.4a, or 1203.41 of the Penal Code. An

applicant who has a conviction that has been dismissed pursuant to Section

1203.4, 1203.4a, or 1203.41 of the Penal Code shall provide proof of the

dismissal.

(d) A board may deny a license regulated by this code on the ground that the

applicant knowingly made a false statement of fact that is required to be

revealed in the application for the license.

(e) This section shall become inoperative on July 1, 2020, and, as of January

1, 2021, is repealed.

HISTORY:

Added Stats 1974 ch 1321 § 4. Amended Stats 1976 ch 947 § 1; Stats 1979 ch 876 § 2; Stats 2008

ch 179 § 2 (SB 1498), effective January 1, 2009; Stats 2014 ch 737 § 1 (AB 2396), effective January

1, 2015; Stats 2018 ch 995 § 3 (AB 2138), effective January 1, 2019, inoperative July 1, 2020, repealed

January 1, 2021.

§ 480. Grounds for denial by board; Effect of obtaining certificate of

rehabilitation [Operative July 1, 2020]

(a) Notwithstanding any other provision of this code, a board may deny a

license regulated by this code on the grounds that the applicant has been

convicted of a crime or has been subject to formal discipline only if either of the

following conditions are met:

(1) The applicant has been convicted of a crime within the preceding seven

years from the date of application that is substantially related to the

39

BUSINESS & PROFESSIONS CODE

Bus. & Prof. Code

qualifications, functions, or duties of the business or profession for which the

application is made, regardless of whether the applicant was incarcerated

for that crime, or the applicant has been convicted of a crime that is

substantially related to the qualifications, functions, or duties of the busi-

ness or profession for which the application is made and for which the

applicant is presently incarcerated or for which the applicant was released

from incarceration within the preceding seven years from the date of

application. However, the preceding seven-year limitation shall not apply in

either of the following situations:

(A) The applicant was convicted of a serious felony, as defined in Section

1192.7 of the Penal Code or a crime for which registration is required

pursuant to paragraph (2) or (3) of subdivision (d) of Section 290 of the

Penal Code.

(B) The applicant was convicted of a financial crime currently classified

as a felony that is directly and adversely related to the fiduciary qualifi-

cations, functions, or duties of the business or profession for which the

application is made, pursuant to regulations adopted by the board, and for

which the applicant is seeking licensure under any of the following:

(i) Chapter 1 (commencing with Section 5000) of Division 3.

(ii) Chapter 6 (commencing with Section 6500) of Division 3.

(iii) Chapter 9 (commencing with Section 7000) of Division 3.

(iv) Chapter 11.3 (commencing with Section 7512) of Division 3.

(v) Licensure as a funeral director or cemetery manager under

Chapter 12 (commencing with Section 7600) of Division 3.

(vi) Division 4 (commencing with Section 10000).

(2) The applicant has been subjected to formal discipline by a licensing

board in or outside California within the preceding seven years from the date

of application based on professional misconduct that would have been cause

for discipline before the board for which the present application is made and

that is substantially related to the qualifications, functions, or duties of the

business or profession for which the present application is made. However,

prior disciplinary action by a licensing board within the preceding seven

years shall not be the basis for denial of a license if the basis for that

disciplinary action was a conviction that has been dismissed pursuant to

Section 1203.4, 1203.4a, 1203.41, or 1203.42 of the Penal Code or a

comparable dismissal or expungement.

(b) Notwithstanding any other provision of this code, a person shall not be

denied a license on the basis that he or she has been convicted of a crime, or on

the basis of acts underlying a conviction for a crime, if he or she has obtained

a certificate of rehabilitation under Chapter 3.5 (commencing with Section

4852.01) of Title 6 of Part 3 of the Penal Code, has been granted clemency or

a pardon by a state or federal executive, or has made a showing of rehabilita-

tion pursuant to Section 482.

(c) Notwithstanding any other provision of this code, a person shall not be

denied a license on the basis of any conviction, or on the basis of the acts

40

BOARD OF PSYCHOLOGY

Bus. & Prof. Code

underlying the conviction, that has been dismissed pursuant to Section 1203.4,

1203.4a, 1203.41, or 1203.42 of the Penal Code, or a comparable dismissal or

expungement. An applicant who has a conviction that has been dismissed

pursuant to Section 1203.4, 1203.4a, 1203.41, or 1203.42 of the Penal Code

shall provide proof of the dismissal if it is not reflected on the report furnished

by the Department of Justice.

(d) Notwithstanding any other provision of this code, a board shall not deny

a license on the basis of an arrest that resulted in a disposition other than a

conviction, including an arrest that resulted in an infraction, citation, or a

juvenile adjudication.

(e) A board may deny a license regulated by this code on the ground that the

applicant knowingly made a false statement of fact that is required to be

revealed in the application for the license. A board shall not deny a license

based solely on an applicant's failure to disclose a fact that would not have been

cause for denial of the license had it been disclosed.

(f) A board shall follow the following procedures in requesting or acting on

an applicant's criminal history information:

(1) A board issuing a license pursuant to Chapter 3 (commencing with

Section 5500), Chapter 3.5 (commencing with Section 5615), Chapter 10

(commencing with Section 7301), Chapter 20 (commencing with Section

9800), or Chapter 20.3 (commencing with Section 9880), of Division 3, or

Chapter 3 (commencing with Section 19000) or Chapter 3.1 (commencing

with Section 19225) of Division 8 may require applicants for licensure under

those chapters to disclose criminal conviction history on an application for

licensure.

(2) Except as provided in paragraph (1), a board shall not require an

applicant for licensure to disclose any information or documentation regard-

ing the applicant's criminal history. However, a board may request mitigat-

ing information from an applicant regarding the applicant's criminal history

for purposes of determining substantial relation or demonstrating evidence

of rehabilitation, provided that the applicant is informed that disclosure is

voluntary and that the applicant's decision not to disclose any information

shall not be a factor in a board's decision to grant or deny an application for

licensure.

(3) If a board decides to deny an application for licensure based solely or

in part on the applicant's conviction history, the board shall notify the

applicant in writing of all of the following:

(A) The denial or disqualification of licensure.

(B) Any existing procedure the board has for the applicant to challenge

the decision or to request reconsideration.

(C) That the applicant has the right to appeal the board's decision.

(D) The processes for the applicant to request a copy of his or her

complete conviction history and question the accuracy or completeness of

the record pursuant to Sections 11122 to 11127 of the Penal Code.

(g)(1) For a minimum of three years, each board under this code shall retain

application forms and other documents submitted by an applicant, any

41

BUSINESS & PROFESSIONS CODE

Bus. & Prof. Code

notice provided to an applicant, all other communications received from and

provided to an applicant, and criminal history reports of an applicant.

(2) Each board under this code shall retain the number of applications

received for each license and the number of applications requiring inquiries

regarding criminal history. In addition, each licensing authority shall retain

all of the following information:

(A) The number of applicants with a criminal record who received notice

of denial or disqualification of licensure.

(B) The number of applicants with a criminal record who provided

evidence of mitigation or rehabilitation.

(C) The number of applicants with a criminal record who appealed any

denial or disqualification of licensure.

(D) The final disposition and demographic information, consisting of

voluntarily provided information on race or gender, of any applicant

described in subparagraph (A), (B), or (C).

(3)(A) Each board under this code shall annually make available to the

public through the board's Internet Web site and through a report

submitted to the appropriate policy committees of the Legislature deiden-

tified information collected pursuant to this subdivision. Each board shall

ensure confidentiality of the individual applicants.

(B) A report pursuant to subparagraph (A) shall be submitted in

compliance with Section 9795 of the Government Code.

(h) "Conviction" as used in this section shall have the same meaning as

defined in Section 7.5.

(i) This section does not in any way modify or otherwise affect the existing

authority of the following entities in regard to licensure:

(1) The State Athletic Commission.

(2) The Bureau for Private Postsecondary Education.

(3) The California Horse Racing Board.

(j) This section shall become operative on July 1, 2020.

HISTORY:

Added Stats 2018 ch 995 § 4 (AB 2138), effective January 1, 2019, operative July 1, 2020.

§ 480.5. Completion of licensure requirements while incarcerated

(a) An individual who has satisfied any of the requirements needed to obtain

a license regulated under this division while incarcerated, who applies for that

license upon release from incarceration, and who is otherwise eligible for the

license shall not be subject to a delay in processing his or her application or a

denial of the license solely on the basis that some or all of the licensure

requirements were completed while the individual was incarcerated.

(b) Nothing in this section shall be construed to apply to a petition for

reinstatement of a license or to limit the ability of a board to deny a license

pursuant to Section 480.

(c) This section shall not apply to the licensure of individuals under the

42

BOARD OF PSYCHOLOGY

Bus. & Prof. Code

initiative act referred to in Chapter 2 (commencing with Section 1000) of

Division 2.

HISTORY:

Added Stats 2014 ch 410 § 1 (AB 1702), effective January 1, 2015.

§ 481. Crime and job-fitness criteria [Effective until January 1, 2021;

Inoperative July 1, 2020; Repealed effective January 1, 2021]

(a) Each board under the provisions of this code shall develop criteria to aid

it, when considering the denial, suspension or revocation of a license, to

determine whether a crime or act is substantially related to the qualifications,

functions, or duties of the business or profession it regulates.

(b) This section shall become inoperative on July 1, 2020, and, as of January

1, 2021, is repealed.

HISTORY:

Added Stats 1974 ch 1321 § 6. Amended Stats 2018 ch 995 § 6 (AB 2138), effective January 1, 2019,

inoperative July 1, 2020, repealed January 1, 2021.

§ 481. Crime and job-fitness criteria [Operative July 1, 2020]

(a) Each board under this code shall develop criteria to aid it, when

considering the denial, suspension, or revocation of a license, to determine

whether a crime is substantially related to the qualifications, functions, or

duties of the business or profession it regulates.

(b) Criteria for determining whether a crime is substantially related to the

qualifications, functions, or duties of the business or profession a board

regulates shall include all of the following:

(1) The nature and gravity of the offense.

(2) The number of years elapsed since the date of the offense.

(3) The nature and duties of the profession in which the applicant seeks

licensure or in which the licensee is licensed.

(c) A board shall not deny a license based in whole or in part on a conviction

without considering evidence of rehabilitation submitted by an applicant

pursuant to any process established in the practice act or regulations of the

particular board and as directed by Section 482.

(d) Each board shall post on its Internet Web site a summary of the criteria

used to consider whether a crime is considered to be substantially related to

the qualifications, functions, or duties of the business or profession it regulates

consistent with this section.

(e) This section does not in any way modify or otherwise affect the existing

authority of the following entities in regard to licensure:

(1) The State Athletic Commission.

(2) The Bureau for Private Postsecondary Education.

(3) The California Horse Racing Board.

(f) This section shall become operative on July 1, 2020.

HISTORY:

Added Stats 2018 ch 995 § 7 (AB 2138), effective January 1, 2019, operative July 1, 2020.

43

BUSINESS & PROFESSIONS CODE

Bus. & Prof. Code

§ 482. Rehabilitation criteria [Effective until January 1, 2021; Inop-

erative July 1, 2020; Repealed effective January 1, 2021]

(a) Each board under the provisions of this code shall develop criteria to

evaluate the rehabilitation of a person when:

(1) Considering the denial of a license by the board under Section 480; or

(2) Considering suspension or revocation of a license under Section 490.

(b) Each board shall take into account all competent evidence of rehabilita-

tion furnished by the applicant or licensee.

(c) This section shall become inoperative on July 1, 2020, and, as of January

1, 2021, is repealed.

HISTORY:

Added Stats 1972 ch 903 § 1. Amended Stats 1974 ch 1321 § 7; Stats 2018 ch 995 § 8 (AB 2138),

effective January 1, 2019, inoperative July 1, 2020, repealed January 1, 2021.

§ 482. Rehabilitation criteria [Operative July 1, 2020]

(a) Each board under this code shall develop criteria to evaluate the

rehabilitation of a person when doing either of the following:

(1) Considering the denial of a license by the board under Section 480.

(2) Considering suspension or revocation of a license under Section 490.

(b) Each board shall consider whether an applicant or licensee has made a

showing of rehabilitation if either of the following are met:

(1) The applicant or licensee has completed the criminal sentence at issue

without a violation of parole or probation.

(2) The board, applying its criteria for rehabilitation, finds that the

applicant is rehabilitated.

(c) This section does not in any way modify or otherwise affect the existing

authority of the following entities in regard to licensure:

(1) The State Athletic Commission.

(2) The Bureau for Private Postsecondary Education.

(3) The California Horse Racing Board.

(d) This section shall become operative on July 1, 2020.

HISTORY:

Added Stats 2018 ch 995 § 9 (AB 2138), effective January 1, 2019, operative July 1, 2020.

§ 484. Attestation to good moral character of applicant

No person applying for licensure under this code shall be required to submit

to any licensing board any attestation by other persons to his good moral

character.

HISTORY:

Added Stats 1972 ch 903 § 1. Amended Stats 1974 ch 1321 § 9.

§ 485. Procedure upon denial

Upon denial of an application for a license under this chapter or Section 496,

the board shall do either of the following:

44

BOARD OF PSYCHOLOGY

Bus. & Prof. Code

(a) File and serve a statement of issues in accordance with Chapter 5

(commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the

Government Code.

(b) Notify the applicant that the application is denied, stating (1) the

reason for the denial, and (2) that the applicant has the right to a hearing

under Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of

Title 2 of the Government Code if written request for hearing is made within

60 days after service of the notice of denial. Unless written request for

hearing is made within the 60-day period, the applicant's right to a hearing

is deemed waived.

Service of the notice of denial may be made in the manner authorized for

service of summons in civil actions, or by registered mail addressed to the

applicant at the latest address filed by the applicant in writing with the

board in his or her application or otherwise. Service by mail is complete on

the date of mailing.

HISTORY:

Added Stats 1972 ch 903 § 1. Amended Stats 1997 ch 758 § 2.3 (SB 1346).

§ 486. Contents of decision or notice

Where the board has denied an application for a license under this chapter

or Section 496, it shall, in its decision, or in its notice under subdivision (b) of

Section 485, inform the applicant of the following:

(a) The earliest date on which the applicant may reapply for a license

which shall be one year from the effective date of the decision, or service of

the notice under subdivision (b) of Section 485, unless the board prescribes

an earlier date or a later date is prescribed by another statute.

(b) That all competent evidence of rehabilitation presented will be con-

sidered upon a reapplication.

Along with the decision, or the notice under subdivision (b) of Section 485,

the board shall serve a copy of the criteria relating to rehabilitation

formulated under Section 482.

HISTORY:

Added Stats 1972 ch 903 § 1. Amended Stats 1974 ch 1321 § 9.5; Stats 1997 ch 758 § 2.4 (SB 1346).

§ 487. Hearing; Time

If a hearing is requested by the applicant, the board shall conduct such

hearing within 90 days from the date the hearing is requested unless the

applicant shall request or agree in writing to a postponement or continuance of

the hearing. Notwithstanding the above, the Office of Administrative Hearings

may order, or on a showing of good cause, grant a request for, up to 45

additional days within which to conduct a hearing, except in cases involving

alleged examination or licensing fraud, in which cases the period may be up to

180 days. In no case shall more than two such orders be made or requests be

granted.

45

BUSINESS & PROFESSIONS CODE

Bus. & Prof. Code

HISTORY:

Added Stats 1972 ch 903 § 1. Amended Stats 1974 ch 1321 § 10; Stats 1986 ch 220 § 1, effective June

30, 1986.

§ 488. Hearing request [Effective until January 1, 2021; Inoperative

July 1, 2020; Repealed effective January 1, 2021]

(a) Except as otherwise provided by law, following a hearing requested by an

applicant pursuant to subdivision (b) of Section 485, the board may take any of

the following actions:

(1) Grant the license effective upon completion of all licensing require-

ments by the applicant.

(2) Grant the license effective upon completion of all licensing require-

ments by the applicant, immediately revoke the license, stay the revocation,

and impose probationary conditions on the license, which may include

suspension.

(3) Deny the license.

(4) Take other action in relation to denying or granting the license as the

board in its discretion may deem proper.

(b) This section shall become inoperative on July 1, 2020, and, as of January

1, 2021, is repealed.

HISTORY:

Added Stats 2000 ch 568 § 2 (AB 2888). Amended Stats 2018 ch 995 § 10 (AB 2138), effective

January 1, 2019, inoperative July 1, 2020, repealed January 1, 2021.

§ 488. Hearing request [Operative July 1, 2020]

(a) Except as otherwise provided by law, following a hearing requested by an

applicant pursuant to subdivision (b) of Section 485, the board may take any of

the following actions:

(1) Grant the license effective upon completion of all licensing require-

ments by the applicant.

(2) Grant the license effective upon completion of all licensing require-

ments by the applicant, immediately revoke the license, stay the revocation,

and impose probationary conditions on the license, which may include

suspension.

(3) Deny the license.

(4) Take other action in relation to denying or granting the license as the

board in its discretion may deem proper.

(b) This section does not in any way modify or otherwise affect the existing

authority of the following entities in regard to licensure:

(1) The State Athletic Commission.

(2) The Bureau for Private Postsecondary Education.

(3) The California Horse Racing Board.

(c) This section shall become operative on July 1, 2020.

HISTORY:

Added Stats 2018 ch 995 § 11 (AB 2138), effective January 1, 2019, operative July 1, 2020.

46

BOARD OF PSYCHOLOGY

Bus. & Prof. Code

§ 489. Denial of application without a hearing

Any agency in the department which is authorized by law to deny an

application for a license upon the grounds specified in Section 480 or 496, may

without a hearing deny an application upon any of those grounds, if within one

year previously, and after proceedings conducted in accordance with Chapter 5

(commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the

Government Code, that agency has denied an application from the same

applicant upon the same ground.

HISTORY:

Added Stats 1955 ch 1151 § 1, as B & P C § 116. Amended Stats 1978 ch 1161 § 2. Renumbered by

Stats 1989 ch 1104 § 1. Amended Stats 1997 ch 758 § 2.5 (SB 1346).

CHAPTER 3

SUSPENSION AND REVOCATION OF LICENSES

§ 490. Grounds for suspension or revocation; Discipline for substan-

tially related crimes; Conviction; Legislative findings

(a) In addition to any other action that a board is permitted to take against

a licensee, a board may suspend or revoke a license on the ground that the

licensee has been convicted of a crime, if the crime is substantially related to

the qualifications, functions, or duties of the business or profession for which

the license was issued.

(b) Notwithstanding any other provision of law, a board may exercise any

authority to discipline a licensee for conviction of a crime that is independent

of the authority granted under subdivision (a) only if the crime is substantially

related to the qualifications, functions, or duties of the business or profession

for which the licensee's license was issued.

(c) A conviction within the meaning of this section means a plea or verdict of

guilty or a conviction following a plea of nolo contendere.An action that a board

is permitted to take following the establishment of a conviction may be taken

when the time for appeal has elapsed, or 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.

(d) The Legislature hereby finds and declares that the application of this

section has been made unclear by the holding in Petropoulos v. Department of

Real Estate (2006) 142 Cal.App.4th 554, and that the holding in that case has

placed a significant number of statutes and regulations in question, resulting

in potential harm to the consumers of California from licensees who have been

convicted of crimes. Therefore, the Legislature finds and declares that this

section establishes an independent basis for a board to impose discipline upon

a licensee, and that the amendments to this section made by Chapter 33 of the

Statutes of 2008 do not constitute a change to, but rather are declaratory of,

existing law.

47

BUSINESS & PROFESSIONS CODE

Bus. & Prof. Code

HISTORY:

Added Stats 1974 ch 1321 § 13. Amended Stats 1979 ch 876 § 3; Stats 1980 ch 548 § 1; Stats 1992

ch 1289 § 7 (AB 2743); Stats 2008 ch 33 § 2 (SB 797) (ch 33 prevails), effective June 23, 2008, ch 179

§ 3 (SB 1498), effective January 1, 2009; Stats 2010 ch 328 § 2 (SB 1330), effective January 1, 2011.

§ 490.5. Suspension of license for failure to comply with child sup-

port order

Aboard may suspend a license pursuant to Section 17520 of the Family Code

if a licensee is not in compliance with a child support order or judgment.

HISTORY:

Added Stats 1994 ch 906 § 1 (AB 923), operative January 1, 1996. Amended Stats 2010 ch 328 § 3

(SB 1330), effective January 1, 2011.

§ 491. Procedure upon suspension or revocation

Upon suspension or revocation of a license by a board on one or more of the

grounds specified in Section 490, the board shall:

(a) Send a copy of the provisions of Section 11522 of the Government Code

to the ex-licensee.

(b) Send a copy of the criteria relating to rehabilitation formulated under

Section 482 to the ex-licensee.

HISTORY:

Added Stats 1972 ch 903 § 1. Amended Stats 1974 ch 1321 § 14; Stats 1975 ch 678 § 1.

§ 492. Effect of completion of drug diversion program on disciplin-

ary action or denial of license

Notwithstanding any other provision of law, successful completion of any

diversion program under the Penal Code, or successful completion of an alcohol

and drug problem assessment program under Article 5 (commencing with

Section 23249.50) of Chapter 12 of Division 11 of the Vehicle Code, shall not

prohibit any agency established under Division 2 (commencing with Section

500) of this code, or any initiative act referred to in that division, from taking

disciplinary action against a licensee or from denying a license for professional

misconduct, notwithstanding that evidence of that misconduct may be re-

corded in a record pertaining to an arrest.

This section shall not be construed to apply to any drug diversion program

operated by any agency established under Division 2 (commencing with

Section 500) of this code, or any initiative act referred to in that division.

HISTORY:

Added Stats 1987 ch 1183 § 1. Amended Stats 1994 ch 26 § 15 (AB 1807), effective March 30, 1994.

§ 493. Evidentiary effect of record of conviction of crime substan-

tially related to licensee's qualifications, functions, and duties [Ef-

fective until January 1, 2021; Inoperative July 1, 2020; Repealed ef-

fective January 1, 2021]

(a) Notwithstanding any other provision of law, in a proceeding conducted

48

BOARD OF PSYCHOLOGY

Bus. & Prof. Code

by a board within the department pursuant to law to deny an application for

a license or to suspend or revoke a license or otherwise take disciplinary action

against a person who holds a license, upon the ground that the applicant or the

licensee has been convicted of a crime substantially related to the qualifica-

tions, functions, and duties of the licensee in question, the record of conviction

of the crime shall be conclusive evidence of the fact that the conviction

occurred, but only of that fact, and the board may inquire into the circum-

stances surrounding the commission of the crime in order to fix the degree of

discipline or to determine if the conviction is substantially related to the

qualifications, functions, and duties of the licensee in question.

(b) As used in this section, "license" includes "certificate," "permit," "author-

ity," and "registration."

(c) This section shall become inoperative on July 1, 2020, and, as of January

1, 2021, is repealed.

HISTORY:

Added Stats 1961 ch 934 § 1, as B & P C § 117. Amended Stats 1978 ch 1161 § 3. Renumbered by

Stats 1989 ch 1104 § 1.3. Amended Stats 2018 ch 995 § 12 (AB 2138), effective January 1, 2019,

inoperative July 1, 2020, repealed January 1, 2021.

§ 493. Evidentiary effect of record of conviction of crime substan-

tially related to licensee's qualifications, functions, and duties [Op-

erative July 1, 2020]

(a) Notwithstanding any other law, in a proceeding conducted by a board

within the department pursuant to law to deny an application for a license or

to suspend or revoke a license or otherwise take disciplinary action against a

person who holds a license, upon the ground that the applicant or the licensee

has been convicted of a crime substantially related to the qualifications,

functions, and duties of the licensee in question, the record of conviction of the

crime shall be conclusive evidence of the fact that the conviction occurred, but

only of that fact.

(b)(1) Criteria for determining whether a crime is substantially related to

the qualifications, functions, or duties of the business or profession the board

regulates shall include all of the following:

(A) The nature and gravity of the offense.

(B) The number of years elapsed since the date of the offense.

(C) The nature and duties of the profession.

(2) A board shall not categorically bar an applicant based solely on the

type of conviction without considering evidence of rehabilitation.

(c) As used in this section, "license" includes "certificate," "permit," "author-

ity," and "registration."

(d) This section does not in any way modify or otherwise affect the existing

authority of the following entities in regard to licensure:

(1) The State Athletic Commission.

(2) The Bureau for Private Postsecondary Education.

(3) The California Horse Racing Board.

49

BUSINESS & PROFESSIONS CODE

Bus. & Prof. Code

(e) This section shall become operative on July 1, 2020.

HISTORY:

Added Stats 2018 ch 995 § 13 (AB 2138), effective January 1, 2019, operative July 1, 2020.

§ 494. Interim suspension or restriction order

(a) A board or an administrative law judge sitting alone, as provided in

subdivision (h), may, upon petition, issue an interim order suspending any

licentiate or imposing license restrictions, including, but not limited to,

mandatory biological fluid testing, supervision, or remedial training. The

petition shall include affidavits that demonstrate, to the satisfaction of the

board, both of the following:

(1) The licentiate has engaged in acts or omissions constituting a violation

of this code or has been convicted of a crime substantially related to the

licensed activity.

(2) Permitting the licentiate to continue to engage in the licensed activity,

or permitting the licentiate to continue in the licensed activity without

restrictions, would endanger the public health, safety, or welfare.

(b) No interim order provided for in this section shall be issued without

notice to the licentiate unless it appears from the petition and supporting

documents that serious injury would result to the public before the matter

could be heard on notice.

(c) Except as provided in subdivision (b), the licentiate shall be given at least

15 days' notice of the hearing on the petition for an interim order. The notice

shall include documents submitted to the board in support of the petition. If

the order was initially issued without notice as provided in subdivision (b), the

licentiate shall be entitled to a hearing on the petition within 20 days of the

issuance of the interim order without notice. The licentiate shall be given

notice of the hearing within two days after issuance of the initial interim order,

and shall receive all documents in support of the petition. The failure of the

board to provide a hearing within 20 days following the issuance of the interim

order without notice, unless the licentiate waives his or her right to the

hearing, shall result in the dissolution of the interim order by operation of law.

(d) At the hearing on the petition for an interim order, the licentiate may:

(1) Be represented by counsel.

(2) Have a record made of the proceedings, copies of which shall be

available to the licentiate upon payment of costs computed in accordance

with the provisions for transcript costs for judicial review contained in

Section 11523 of the Government Code.

(3) Present affidavits and other documentary evidence.

(4) Present oral argument.

(e) The board, or an administrative law judge sitting alone as provided in

subdivision (h), shall issue a decision on the petition for interim order within

five business days following submission of the matter. The standard of proof

required to obtain an interim order pursuant to this section shall be a

50

BOARD OF PSYCHOLOGY

Bus. & Prof. Code

preponderance of the evidence standard. If the interim order was previously

issued without notice, the board shall determine whether the order shall

remain in effect, be dissolved, or modified.

(f) The board shall file an accusation within 15 days of the issuance of an

interim order. In the case of an interim order issued without notice, the time

shall run from the date of the order issued after the noticed hearing. If the

licentiate files a Notice of Defense, the hearing shall be held within 30 days of

the agency's receipt of the Notice of Defense. A decision shall be rendered on

the accusation no later than 30 days after submission of the matter. Failure to

comply with any of the requirements in this subdivision shall dissolve the

interim order by operation of law.

(g) Interim orders shall be subject to judicial review pursuant to Section

1094.5 of the Code of Civil Procedure and shall be heard only in the superior

court in and for the Counties of Sacramento, San Francisco, Los Angeles, or

San Diego. The review of an interim order shall be limited to a determination

of whether the board abused its discretion in the issuance of the interim order.

Abuse of discretion is established if the respondent board has not proceeded in

the manner required by law, or if the court determines that the interim order

is not supported by substantial evidence in light of the whole record.

(h) The board may, in its sole discretion, delegate the hearing on any

petition for an interim order to an administrative law judge in the Office of

Administrative Hearings. If the board hears the noticed petition itself, an

administrative law judge shall preside at the hearing, rule on the admission

and exclusion of evidence, and advise the board on matters of law. The board

shall exercise all other powers relating to the conduct of the hearing but may

delegate any or all of them to the administrative law judge. When the petition

has been delegated to an administrative law judge, he or she shall sit alone and

exercise all of the powers of the board relating to the conduct of the hearing. A

decision issued by an administrative law judge sitting alone shall be final when

it is filed with the board. If the administrative law judge issues an interim

order without notice, he or she shall preside at the noticed hearing, unless

unavailable, in which case another administrative law judge may hear the

matter. The decision of the administrative law judge sitting alone on the

petition for an interim order is final, subject only to judicial review in

accordance with subdivision (g).

(i) Failure to comply with an interim order issued pursuant to subdivision

(a) or (b) shall constitute a separate cause for disciplinary action against any

licentiate, and may be heard at, and as a part of, the noticed hearing provided

for in subdivision (f). Allegations of noncompliance with the interim order may

be filed at any time prior to the rendering of a decision on the accusation.

Violation of the interim order is established upon proof that the licentiate was

on notice of the interim order and its terms, and that the order was in effect at

the time of the violation. The finding of a violation of an interim order made at

the hearing on the accusation shall be reviewed as a part of any review of a

final decision of the agency.

51

BUSINESS & PROFESSIONS CODE

Bus. & Prof. Code

If the interim order issued by the agency provides for anything less than a

complete suspension of the licentiate from his or her business or profession,

and the licentiate violates the interim order prior to the hearing on the

accusation provided for in subdivision (f), the agency may, upon notice to the

licentiate and proof of violation, modify or expand the interim order.

(j) A plea or verdict of guilty or a conviction after a plea of nolo contendere

is deemed to be a conviction within the meaning of this section. A certified

record of the conviction shall be conclusive evidence of the fact that the

conviction occurred. A board may take action under this section notwithstand-

ing the fact that an appeal of the conviction may be taken.

(k) The interim orders provided for by this section shall be in addition to,

and not a limitation on, the authority to seek injunctive relief provided in any

other provision of law.

(l) In the case of a board, a petition for an interim order may be filed by the

executive officer. In the case of a bureau or program, a petition may be filed by

the chief or program administrator, as the case may be.

(m) "Board," as used in this section, shall include any agency described in

Section 22, and any allied health agency within the jurisdiction of the Medical

Board of California. Board shall also include the Osteopathic Medical Board of

California and the State Board of Chiropractic Examiners. The provisions of

this section shall not be applicable to the Medical Board of California, the

Board of Podiatric Medicine, or the State Athletic Commission.

HISTORY:

Added Stats 1993 ch 840 § 1 (SB 842). Amended Stats 1994 ch 1275 § 4 (SB 2101).

§ 494.5. Agency actions when licensee is on certified list; Defini-

tions; Collection and distribution of certified list information; Tim-

ing; Notices; Challenges by applicants and licensees; Release forms;

Interagency agreements; Fees; Remedies; Inquiries and disclosure of

information; Severability

(a)(1) Except as provided in paragraphs (2), (3), and (4), a state governmen-

tal licensing entity shall refuse to issue, reactivate, reinstate, or renew a

license and shall suspend a license if a licensee's name is included on a

certified list.

(2) The Department of Motor Vehicles shall suspend a license if a

licensee's name is included on a certified list. Any reference in this section to

the issuance, reactivation, reinstatement, renewal, or denial of a license

shall not apply to the Department of Motor Vehicles.

(3) The State Bar of California may recommend to refuse to issue,

reactivate, reinstate, or renew a license and may recommend to suspend a

license if a licensee's name is included on a certified list. The word "may"

shall be substituted for the word "shall" relating to the issuance of a

temporary license, refusal to issue, reactivate, reinstate, renew, or suspend

a license in this section for licenses under the jurisdiction of the California

Supreme Court.

52

BOARD OF PSYCHOLOGY

Bus. & Prof. Code

(4) The Department of Alcoholic Beverage Control may refuse to issue,

reactivate, reinstate, or renew a license, and may suspend a license, if a

licensee's name is included on a certified list.

(b) For purposes of this section:

(1) "Certified list" means either the list provided by the State Board of

Equalization or the list provided by the Franchise Tax Board of persons

whose names appear on the lists of the 500 largest tax delinquencies

pursuant to Section 7063 or 19195 of the Revenue and Taxation Code, as

applicable.

(2) "License" includes a certificate, registration, or any other authoriza-

tion to engage in a profession or occupation issued by a state governmental

licensing entity. "License" includes a driver's license issued pursuant to

Chapter 1 (commencing with Section 12500) of Division 6 of the Vehicle

Code. "License" excludes a vehicle registration issued pursuant to Division 3

(commencing with Section 4000) of the Vehicle Code.

(3) "Licensee" means an individual authorized by a license to drive a

motor vehicle or authorized by a license, certificate, registration, or other

authorization to engage in a profession or occupation issued by a state

governmental licensing entity.

(4) "State governmental licensing entity" means any entity listed in

Section 101, 1000, or 19420, the office of the Attorney General, the Depart-

ment of Insurance, the Department of Motor Vehicles, the State Bar of

California, the Department of Real Estate, and any other state agency,

board, or commission that issues a license, certificate, or registration

authorizing an individual to engage in a profession or occupation, including

any certificate, business or occupational license, or permit or license issued

by the Department of Motor Vehicles or the Department of the California

Highway Patrol. "State governmental licensing entity" shall not include the

Contractors' State License Board.

(c) The State Board of Equalization and the Franchise Tax Board shall each

submit its respective certified list to every state governmental licensing entity.

The certified lists shall include the name, social security number or taxpayer

identification number, and the last known address of the persons identified on

the certified lists.

(d) Notwithstanding any other law, each state governmental licensing entity

shall collect the social security number or the federal taxpayer identification

number from all applicants for the purposes of matching the names of the

certified lists provided by the State Board of Equalization and the Franchise

Tax Board to applicants and licensees.

(e)(1) Each state governmental licensing entity shall determine whether an

applicant or licensee is on the most recent certified list provided by the State

Board of Equalization and the Franchise Tax Board.

(2) If an applicant or licensee is on either of the certified lists, the state

governmental licensing entity shall immediately provide a preliminary

notice to the applicant or licensee of the entity's intent to suspend or

53

BUSINESS & PROFESSIONS CODE

Bus. & Prof. Code

withhold issuance or renewal of the license. The preliminary notice shall be

delivered personally or by mail to the applicant's or licensee's last known

mailing address on file with the state governmental licensing entity within

30 days of receipt of the certified list. Service by mail shall be completed in

accordance with Section 1013 of the Code of Civil Procedure.

(A) The state governmental licensing entity shall issue a temporary

license valid for a period of 90 days to any applicant whose name is on a

certified list if the applicant is otherwise eligible for a license.

(B) The 90-day time period for a temporary license shall not be

extended. Only one temporary license shall be issued during a regular

license term and the term of the temporary license shall coincide with the

first 90 days of the regular license term. A license for the full term or the

remainder of the license term may be issued or renewed only upon

compliance with this section.

(C) In the event that a license is suspended or an application for a

license or the renewal of a license is denied pursuant to this section, any

funds paid by the applicant or licensee shall not be refunded by the state

governmental licensing entity.

(f)(1) A state governmental licensing entity shall refuse to issue or shall

suspend a license pursuant to this section no sooner than 90 days and no

later than 120 days of the mailing of the preliminary notice described in

paragraph (2) of subdivision (e), unless the state governmental licensing

entity has received a release pursuant to subdivision (h). The procedures in

the administrative adjudication provisions of the Administrative Procedure

Act (Chapter 4.5 (commencing with Section 11400) and Chapter 5 (commenc-

ing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government

Code) shall not apply to the denial or suspension of, or refusal to renew, a

license or the issuance of a temporary license pursuant to this section.

(2) Notwithstanding any other law, if a board, bureau, or commission

listed in Section 101, other than the Contractors' State License Board, fails

to take action in accordance with this section, the Department of Consumer

Affairs shall issue a temporary license or suspend or refuse to issue,

reactivate, reinstate, or renew a license, as appropriate.

(g) Notices shall be developed by each state governmental licensing entity.

For an applicant or licensee on the State Board of Equalization's certified list,

the notice shall include the address and telephone number of the State Board

of Equalization, and shall emphasize the necessity of obtaining a release from

the State Board of Equalization as a condition for the issuance, renewal, or

continued valid status of a license or licenses. For an applicant or licensee on

the Franchise Tax Board's certified list, the notice shall include the address

and telephone number of the Franchise Tax Board, and shall emphasize the

necessity of obtaining a release from the Franchise Tax Board as a condition

for the issuance, renewal, or continued valid status of a license or licenses.

(1) The notice shall inform the applicant that the state governmental

licensing entity shall issue a temporary license, as provided in subparagraph

54

BOARD OF PSYCHOLOGY

Bus. & Prof. Code

(A) of paragraph (2) of subdivision (e), for 90 calendar days if the applicant

is otherwise eligible and that upon expiration of that time period, the license

will be denied unless the state governmental licensing entity has received a

release from the State Board of Equalization or the Franchise Tax Board,

whichever is applicable.

(2) The notice shall inform the licensee that any license suspended under

this section will remain suspended until the state governmental licensing

entity receives a release along with applications and fees, if applicable, to

reinstate the license.

(3) The notice shall also inform the applicant or licensee that if an

application is denied or a license is suspended pursuant to this section, any

moneys paid by the applicant or licensee shall not be refunded by the state

governmental licensing entity. The state governmental licensing entity shall

also develop a form that the applicant or licensee shall use to request a

release by the State Board of Equalization or the Franchise Tax Board. A

copy of this form shall be included with every notice sent pursuant to this

subdivision.

(h) If the applicant or licensee wishes to challenge the submission of his or

her name on a certified list, the applicant or licensee shall make a timely

written request for release to the State Board of Equalization or the Franchise

Tax Board, whichever is applicable. The State Board of Equalization or the

Franchise Tax Board shall immediately send a release to the appropriate state

governmental licensing entity and the applicant or licensee, if any of the

following conditions are met:

(1) The applicant or licensee has complied with the tax obligation, either

by payment of the unpaid taxes or entry into an installment payment

agreement, as described in Section 6832 or 19008 of the Revenue and

Taxation Code, to satisfy the unpaid taxes.

(2) The applicant or licensee has submitted a request for release not later

than 45 days after the applicant's or licensee's receipt of a preliminary notice

described in paragraph (2) of subdivision (e), but the State Board of

Equalization or the Franchise Tax Board, whichever is applicable, will be

unable to complete the release review and send notice of its findings to the

applicant or licensee and state governmental licensing entity within 45 days

after the State Board of Equalization's or the Franchise Tax Board's receipt

of the applicant's or licensee's request for release. Whenever a release is

granted under this paragraph, and, notwithstanding that release, the

applicable license or licenses have been suspended erroneously, the state

governmental licensing entity shall reinstate the applicable licenses with

retroactive effect back to the date of the erroneous suspension and that

suspension shall not be reflected on any license record.

(3) The applicant or licensee is unable to pay the outstanding tax

obligation due to a current financial hardship. "Financial hardship" means

financial hardship as determined by the State Board of Equalization or the

Franchise Tax Board, whichever is applicable, where the applicant or

55

BUSINESS & PROFESSIONS CODE

Bus. & Prof. Code

licensee is unable to pay any part of the outstanding liability and the

applicant or licensee is unable to qualify for an installment payment

arrangement as provided for by Section 6832 or Section 19008 of the

Revenue and Taxation Code. In order to establish the existence of a financial

hardship, the applicant or licensee shall submit any information, including

information related to reasonable business and personal expenses, re-

quested by the State Board of Equalization or the Franchise Tax Board,

whichever is applicable, for purposes of making that determination.

(i) An applicant or licensee is required to act with diligence in responding to

notices from the state governmental licensing entity and the State Board of

Equalization or the Franchise Tax Board with the recognition that the

temporary license will lapse or the license suspension will go into effect after

90 days and that the State Board of Equalization or the Franchise Tax Board

must have time to act within that period. An applicant's or licensee's delay in

acting, without good cause, which directly results in the inability of the State

Board of Equalization or the Franchise Tax Board, whichever is applicable, to

complete a review of the applicant's or licensee's request for release shall not

constitute the diligence required under this section which would justify the

issuance of a release. An applicant or licensee shall have the burden of

establishing that he or she diligently responded to notices from the state

governmental licensing entity or the State Board of Equalization or the

Franchise Tax Board and that any delay was not without good cause.

(j) The State Board of Equalization or the Franchise Tax Board shall create

release forms for use pursuant to this section. When the applicant or licensee

has complied with the tax obligation by payment of the unpaid taxes, or entry

into an installment payment agreement, or establishing the existence of a

current financial hardship as defined in paragraph (3) of subdivision (h), the

State Board of Equalization or the Franchise Tax Board, whichever is

applicable, shall mail a release form to the applicant or licensee and provide a

release to the appropriate state governmental licensing entity. Any state

governmental licensing entity that has received a release from the State Board

of Equalization and the Franchise Tax Board pursuant to this subdivision shall

process the release within five business days of its receipt. If the State Board

of Equalization or the Franchise Tax Board determines subsequent to the

issuance of a release that the licensee has not complied with their installment

payment agreement, the State Board of Equalization or the Franchise Tax

Board, whichever is applicable, shall notify the state governmental licensing

entity and the licensee in a format prescribed by the State Board of Equaliza-

tion or the Franchise Tax Board, whichever is applicable, that the licensee is

not in compliance and the release shall be rescinded. The State Board of

Equalization and the Franchise Tax Board may, when it is economically

feasible for the state governmental licensing entity to develop an automated

process for complying with this subdivision, notify the state governmental

licensing entity in a manner prescribed by the State Board of Equalization or

the Franchise Tax Board, whichever is applicable, that the licensee has not

56

BOARD OF PSYCHOLOGY

Bus. & Prof. Code

complied with the installment payment agreement. Upon receipt of this notice,

the state governmental licensing entity shall immediately notify the licensee

on a form prescribed by the state governmental licensing entity that the

licensee's license will be suspended on a specific date, and this date shall be no

longer than 30 days from the date the form is mailed. The licensee shall be

further notified that the license will remain suspended until a new release is

issued in accordance with this subdivision.

(k) The State Board of Equalization and the Franchise Tax Board may enter

into interagency agreements with the state governmental licensing entities

necessary to implement this section.

(l) Notwithstanding any other law, a state governmental licensing entity,

with the approval of the appropriate department director or governing body,

may impose a fee on a licensee whose license has been suspended pursuant to

this section. The fee shall not exceed the amount necessary for the state

governmental licensing entity to cover its costs in carrying out the provisions

of this section. Fees imposed pursuant to this section shall be deposited in the

fund in which other fees imposed by the state governmental licensing entity

are deposited and shall be available to that entity upon appropriation in the

annual Budget Act.

(m) The process described in subdivision (h) shall constitute the sole

administrative remedy for contesting the issuance of a temporary license or

the denial or suspension of a license under this section.

(n) Any state governmental licensing entity receiving an inquiry as to the

licensed status of an applicant or licensee who has had a license denied or

suspended under this section or who has been granted a temporary license

under this section shall respond that the license was denied or suspended or

the temporary license was issued only because the licensee appeared on a list

of the 500 largest tax delinquencies pursuant to Section 7063 or 19195 of the

Revenue and Taxation Code. Information collected pursuant to this section by

any state agency, board, or department shall be subject to 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). Any state governmental licensing entity

that discloses on its InternetWeb site or other publication that the licensee has

had a license denied or suspended under this section or has been granted a

temporary license under this section shall prominently disclose, in bold and

adjacent to the information regarding the status of the license, that the only

reason the license was denied, suspended, or temporarily issued is because the

licensee failed to pay taxes.

(o) Any rules and regulations issued pursuant to this section by any state

agency, board, or department may be adopted as emergency regulations in

accordance with the rulemaking provisions of the Administrative Procedure

Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of

Title 2 of the Government Code). The adoption of these regulations shall be

deemed an emergency and necessary for the immediate preservation of the

public peace, health, and safety, or general welfare. The regulations shall

become effective immediately upon filing with the Secretary of State.

57

BUSINESS & PROFESSIONS CODE

Bus. & Prof. Code

(p) The State Board of Equalization, the Franchise Tax Board, and state

governmental licensing entities, as appropriate, shall adopt regulations as

necessary to implement this section.

(q)(1) Neither the state governmental licensing entity, nor any officer,

employee, or agent, or former officer, employee, or agent of a state govern-

mental licensing entity, may disclose or use any information obtained from

the State Board of Equalization or the Franchise Tax Board, pursuant to this

section, except to inform the public of the denial, refusal to renew, or

suspension of a license or the issuance of a temporary license pursuant to

this section. The release or other use of information received by a state

governmental licensing entity pursuant to this section, except as authorized

by this section, is punishable as a misdemeanor. This subdivision may not be

interpreted to prevent the State Bar of California from filing a request with

the Supreme Court of California to suspend a member of the bar pursuant to

this section.

(2) A suspension of, or refusal to renew, a license or issuance of a

temporary license pursuant to this section does not constitute denial or

discipline of a licensee for purposes of any reporting requirements to the

National Practitioner Data Bank and shall not be reported to the National

Practitioner Data Bank or the Healthcare Integrity and Protection Data

Bank.

(3) Upon release from the certified list, the suspension or revocation of the

applicant's or licensee's license shall be purged from the state governmental

licensing entity's Internet Web site or other publication within three busi-

ness days. This paragraph shall not apply to the State Bar of California.

(r) If any provision of this section or the application thereof to any person or

circumstance is held invalid, that invalidity shall not affect other provisions or

applications of this section that can be given effect without the invalid

provision or application, and to this end the provisions of this section are

severable.

(s) All rights to review afforded by this section to an applicant shall also be

afforded to a licensee.

(t) Unless otherwise provided in this section, the policies, practices, and

procedures of a state governmental licensing entity with respect to license

suspensions under this section shall be the same as those applicable with

respect to suspensions pursuant to Section 17520 of the Family Code.

(u) No provision of this section shall be interpreted to allow a court to review

and prevent the collection of taxes prior to the payment of those taxes in

violation of the California Constitution.

(v) This section shall apply to any licensee whose name appears on a list of

the 500 largest tax delinquencies pursuant to Section 7063 or 19195 of the

Revenue and Taxation Code on or after July 1, 2012.

HISTORY:

Added Stats 2011 ch 455 § 3 (AB 1424), effective January 1, 2012. Amended Stats 2012 ch 327 § 1

(SB 937), effective January 1, 2013.

58

BOARD OF PSYCHOLOGY

Bus. & Prof. Code

§ 494.6. Suspension under Labor Code Section 244

(a) A business license regulated by this code may be subject to suspension or

revocation if the licensee has been determined by the Labor Commissioner or

the court to have violated subdivision (b) of Section 244 of the Labor Code and

the court or Labor Commissioner has taken into consideration any harm such

a suspension or revocation would cause to employees of the licensee, as well as

the good faith efforts of the licensee to resolve any alleged violations after

receiving notice.

(b) Notwithstanding subdivision (a), a licensee of an agency within the

Department of Consumer Affairs who has been found by the Labor Commis-

sioner or the court to have violated subdivision (b) of Section 244 of the Labor

Code may be subject to disciplinary action by his or her respective licensing

agency.

(c) An employer shall not be subject to suspension or revocation under this

section for requiring a prospective or current employee to submit, within three

business days of the first day of work for pay, an I-9 Employment Eligibility

Verification form.

HISTORY:

Added Stats 2013 ch 577 § 1 (SB 666), effective January 1, 2014. Amended Stats 2014 ch 71 § 1 (SB

1304), effective January 1, 2015.

CHAPTER 4

PUBLIC REPROVALS

HISTORY: Added Stats 1977 ch 886 § 1.

§ 495. Public reproval of licentiate or certificate holder for act con-

stituting grounds for suspension or revocation of license or certifi-

cate; Proceedings

Notwithstanding any other provision of law, any entity authorized to issue a

license or certificate pursuant to this code may publicly reprove a licentiate or

certificate holder thereof, for any act that would constitute grounds to suspend

or revoke a license or certificate. Any proceedings for public reproval, public

reproval and suspension, or public reproval and revocation shall be conducted

in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of

Division 3 of Title 2 of the Government Code, or, in the case of a licensee or

certificate holder under the jurisdiction of the State Department of Health

Services, in accordance with Section 100171 of the Health and Safety Code.

HISTORY:

Added Stats 1977 ch 886 § 1. Amended Stats 1997 ch 220 § 2 (SB 68), effective August 4, 1997.

59

BUSINESS & PROFESSIONS CODE

Bus. & Prof. Code

CHAPTER 5

EXAMINATION SECURITY

HISTORY: Added Stats 1983 ch 95 § 2.

§ 496. Grounds for denial, suspension, or revocation of license

A board may deny, suspend, revoke, or otherwise restrict a license on the

ground that an applicant or licensee has violated Section 123 pertaining to

subversion of licensing examinations.

HISTORY:

Added Stats 1989 ch 1022 § 3.

§ 498. Fraud, deceit or misrepresentation as grounds for action

against license

A board may revoke, suspend, or otherwise restrict a license on the ground

that the licensee secured the license by fraud, deceit, or knowing misrepresen-

tation of a material fact or by knowingly omitting to state a material fact.

HISTORY:

Added Stats 1992 ch 1289 § 8 (AB 2743).

§ 499. Action against license based on licentiate's actions regarding

application of another

A board may revoke, suspend, or otherwise restrict a license on the ground

that the licensee, in support of another person's application for license,

knowingly made a false statement of a material fact or knowingly omitted to

state a material fact to the board regarding the application.

HISTORY:

Added Stats 1992 ch 1289 § 9 (AB 2743).

DIVISION 2

HEALING ARTS

CHAPTER 1

GENERAL PROVISIONS

ARTICLE 4

FRAUDS OF MEDICAL RECORDS

§ 580. Sale or barter of degree, certificate, or transcript

No person, company, or association shall sell or barter or offer to sell or

60

BOARD OF PSYCHOLOGY

Bus. & Prof. Code

barter any medical degree, podiatric degree, or osteopathic degree, or chiro-

practic degree, or any other degree which is required for licensure, certifica-

tion, or registration under this division, or any degree, certificate, transcript,

or any other writing, made or purporting to be made pursuant to any laws

regulating the licensing and registration or issuing of a certificate to physi-

cians and surgeons, podiatrists, osteopathic physicians, chiropractors, persons

lawfully engaged in any other system or mode of treating the sick or afflicted,

or to any other person licensed, certified, or registered under this division.

HISTORY:

Enacted Stats 1937. Amended Stats 1939 ch 269 § 1; Stats 1961 ch 215 § 1; Stats 1986 ch 220 § 2,

effective June 30, 1986.

§ 581. Purchase or fraudulent alteration of diplomas or other writ-

ings

No person, company, or association shall purchase or procure by barter or by

any unlawful means or method, or have in possession any diploma, certificate,

transcript, or any other writing with intent that it shall be used as evidence of

the holder's qualifications to practice as a physician and surgeon, osteopathic

physician, podiatrist, any other system or mode of treating the sick or afflicted,

as provided in the Medical Practice Act, Chapter 5 (commencing with Section

2000), or to practice as any other licentiate under this division or in any fraud

of the law regulating this practice or, shall with fraudulent intent, alter in a

material regard, any such diploma, certificate, transcript, or any other writing.

HISTORY:

Enacted Stats 1937. Amended Stats 1937 ch 446; Stats 1961 ch 215 § 1.5; Stats 1984 ch 144 § 5;

Stats 1986 ch 220 § 3, effective June 30, 1986.

§ 582. Use of illegally obtained, altered, or counterfeit diploma, cer-

tificate, or transcript

No person, company, or association shall use or attempt to use any diploma,

certificate, transcript, or any other writing which has been purchased, fraudu-

lently issued, illegally obtained, counterfeited, or materially altered, either as

a certificate or as to character or color of certificate, to practice as a physician

and surgeon, podiatrist, osteopathic physician, or a chiropractor, or to practice

any other system or mode of treating the sick or afflicted, as provided in the

Medical Practice Act, Chapter 5 (commencing with Section 2000) or to practice

as any other licentiate under this division.

HISTORY:

Enacted Stats 1937. Amended Stats 1961 ch 215 § 2; Stats 1984 ch 144 § 6; Stats 1986 ch 220 § 4,

effective June 30, 1986.

§ 583. False statements in documents or writings

No person shall in any document or writing required of an applicant for

examination, license, certificate, or registration under this division, the Osteo-

61

BUSINESS & PROFESSIONS CODE

Bus. & Prof. Code

pathic Initiative Act, or the Chiropractic Initiative Act, willfully make a false

statement in a material regard.

HISTORY:

Enacted Stats 1937. Amended Stats 1984 ch 144 § 7; Stats 1986 ch 220 § 5, effective June 30, 1986.

§ 584. Violation of examination security; Impersonation

No person shall violate the security of any examination, as defined in

subdivision (a) of Section 123, or impersonate, attempt to impersonate, or

solicit the impersonation of, another in any examination for a license, certifi-

cate, or registration to practice as provided in this division, the Osteopathic

Initiative Act, or the Chiropractic Initiative Act, or under any other law

providing for the regulation of any other system or method of treating the sick

or afflicted in this state.

HISTORY:

Enacted Stats 1937. Amended Stats 1984 ch 144 § 8; Stats 1986 ch 220 § 6, effective June 30, 1986;

Stats 1989 ch 1022 § 5.

§ 585. Punishment

Any person, company, or association violating the provisions of this article is

guilty of a felony and upon conviction thereof shall be punishable by a fine of

not less than two thousand dollars ($2,000) nor more than six thousand dollars

($6,000), or by imprisonment pursuant to subdivision (h) of Section 1170 of the

Penal Code. The enforcement remedies provided under this article are not

exclusive and shall not preclude the use of any other criminal, civil, or

administrative remedy.

HISTORY:

Enacted Stats 1937. Amended Stats 1976 ch 1139 § 1, operative July 1, 1977; Stats 1983 ch 1092

§ 2, effective September 27, 1983, operative January 1, 1984; Stats 1986 ch 220 § 7, effective June 30,

1986; Stats 2011 ch 15 § 2 (AB 109), effective April 4, 2011, operative October 1, 2011.

ARTICLE 6

UNEARNED REBATES, REFUNDS, AND

DISCOUNTS

HISTORY: Added Stats 1949 ch 899 § 1.

§ 650. Rebates for patient referrals; Consideration between supplier

and health facility

(a) Except as provided in Chapter 2.3 (commencing with Section 1400) of

Division 2 of the Health and Safety Code, the offer, delivery, receipt, or

acceptance by any person licensed under this division or the Chiropractic

Initiative Act of any rebate, refund, commission, preference, patronage divi-

dend, discount, or other consideration, whether in the form of money or

62

BOARD OF PSYCHOLOGY

Bus. & Prof. Code

otherwise, as compensation or inducement for referring patients, clients, or

customers to any person, irrespective of any membership, proprietary interest,

or coownership in or with any person to whom these patients, clients, or

customers are referred is unlawful.

(b) The payment or receipt of consideration for services other than the

referral of patients which is based on a percentage of gross revenue or similar

type of contractual arrangement shall not be unlawful if the consideration is

commensurate with the value of the services furnished or with the fair rental

value of any premises or equipment leased or provided by the recipient to the

payer.

(c) The offer, delivery, receipt, or acceptance of any consideration between a

federally qualified health center, as defined in Section 1396d(l)(2)(B) of Title 42

of the United States Code, and any individual or entity providing goods, items,

services, donations, loans, or a combination thereof to the health center entity

pursuant to a contract, lease, grant, loan, or other agreement, if that agree-

ment contributes to the ability of the health center entity to maintain or

increase the availability, or enhance the quality, of services provided to a

medically underserved population served by the health center, shall be

permitted only to the extent sanctioned or permitted by federal law.

(d) Except as provided in Chapter 2.3 (commencing with Section 1400) of

Division 2 of the Health and Safety Code and in Sections 654.1 and 654.2 of

this code, it shall not be unlawful for any person licensed under this division to

refer a person to any laboratory, pharmacy, clinic (including entities exempt

from licensure pursuant to Section 1206 of the Health and Safety Code), or

health care facility solely because the licensee has a proprietary interest or

coownership in the laboratory, pharmacy, clinic, or health care facility, pro-

vided, however, that the licensee's return on investment for that proprietary

interest or coownership shall be based upon the amount of the capital

investment or proportional ownership of the licensee which ownership interest

is not based on the number or value of any patients referred. Any referral

excepted under this section shall be unlawful if the prosecutor proves that

there was no valid medical need for the referral.

(e) Except as provided in Chapter 2.3 (commencing with Section 1400) of

Division 2 of the Health and Safety Code and in Sections 654.1 and 654.2 of

this code, it shall not be unlawful to provide nonmonetary remuneration, in the

form of hardware, software, or information technology and training services, as

described in subsections (x) and (y) of Section 1001.952 of Title 42 of the Code

of Federal Regulations, as amended October 4, 2007, as published in the

Federal Register (72 Fed. Reg. 56632 and 56644), and subsequently amended

versions.

(f) "Health care facility" means a general acute care hospital, acute psychi-

atric hospital, skilled nursing facility, intermediate care facility, and any other

health facility licensed by the State Department of Public Health under

Chapter 2 (commencing with Section 1250) of Division 2 of the Health and

Safety Code.

63

BUSINESS & PROFESSIONS CODE

Bus. & Prof. Code

(g) Notwithstanding the other subdivisions of this section or any other

provision of law, the payment or receipt of consideration for advertising,

wherein a licensee offers or sells services through a third-party advertiser,

shall not constitute a referral of patients when the third-party advertiser does

not itself recommend, endorse, or otherwise select a licensee. The fee paid to

the third-party advertiser shall be commensurate with the service provided by

the third-party advertiser. If the licensee determines, after consultation with

the purchaser of the service, that the service provided by the licensee is not

appropriate for the purchaser or if the purchaser elects not to receive the

service for any reason and requests a refund, the purchaser shall receive a

refund of the full purchase price as determined by the terms of the advertising

service agreement between the third-party advertiser and the licensee. The

licensee shall disclose in the advertisement that a consultation is required and

that the purchaser will receive a refund if not eligible to receive the service.

This subdivision shall not apply to basic health care services, as defined in

subdivision (b) of Section 1345 of the Health and Safety Code, or essential

health benefits, as defined in Section 1367.005 of the Health and Safety Code

and Section 10112.27 of the Insurance Code. The entity that provides the

advertising shall be able to demonstrate that the licensee consented in writing

to the requirements of this subdivision. A third-party advertiser shall make

available to prospective purchasers advertisements for services of all licensees

then advertising through the third-party advertiser in the applicable geo-

graphic region. In any advertisement offering a discount price for a service, the

licensee shall also disclose the regular, nondiscounted price for that service.

(h) A violation of this section is a public offense and is punishable upon a

first conviction by imprisonment in a county jail for not more than one year, or

by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code,

or by a fine not exceeding fifty thousand dollars ($50,000), or by both that

imprisonment and fine. A second or subsequent conviction is punishable by

imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code, or

by that imprisonment and a fine of fifty thousand dollars ($50,000).

HISTORY:

Added Stats 1949 ch 899 § 1. Amended Stats 1971 ch 1568 § 1; Stats 1973 ch 142 § 5, effective June

30, 1973, operative July 1, 1973, ch 924 § 1, operative July 1, 1974; Stats 1975 ch 303 § 1; Stats 1977

ch 1252 § 4, operative July 1, 1978; Stats 1981 ch 610 § 1; Stats 1990 ch 1532 § 1 (SB 2365); Stats 2000

ch 843 § 1 (AB 2594); Stats 2001 ch 728 § 1.4 (SB 724); Stats 2006 ch 698 § 1 (AB 225), ch 772 § 1.5

(AB 2282), effective January 1, 2007; Stats 2007 ch 130 § 1 (AB 299), effective January 1, 2008, ch 483

§ 1 (SB 1039), effective January 1, 2008 (ch 483 prevails); Stats 2008 ch 179 § 4 (SB 1498), effective

January 1, 2009, ch 290 § 1 (AB 55), effective September 25, 2008 (ch 290 prevails); Stats 2009 ch 140

§ 2 (AB 1164), effective January 1, 2010; Stats 2011 ch 15 § 3 (AB 109), effective April 4, 2011,

operative October 1, 2011; Stats 2016 ch 360 § 1 (AB 2744), effective January 1, 2017.

§ 651. Dissemination of false or misleading information concerning

professional services or products; Permissible advertising

(a) It is unlawful for any person licensed under this division or under any

initiative act referred to in this division to disseminate or cause to be

64

BOARD OF PSYCHOLOGY

Bus. & Prof. Code

disseminated any form of public communication containing a false, fraudulent,

misleading, or deceptive statement, claim, or image for the purpose of or likely

to induce, directly or indirectly, the rendering of professional services or

furnishing of products in connection with the professional practice or business

for which he or she is licensed.A"public communication" as used in this section

includes, but is not limited to, communication by means of mail, television,

radio, motion picture, newspaper, book, list or directory of healing arts

practitioners, Internet, or other electronic communication.

(b) A false, fraudulent, misleading, or deceptive statement, claim, or image

includes a statement or claim that does any of the following:

(1) Contains a misrepresentation of fact.

(2) Is likely to mislead or deceive because of a failure to disclose material

facts.

(3)(A) Is intended or is likely to create false or unjustified expectations of

favorable results, including the use of any photograph or other image that

does not accurately depict the results of the procedure being advertised or

that has been altered in any manner from the image of the actual subject

depicted in the photograph or image.

(B) Use of any photograph or other image of a model without clearly

stating in a prominent location in easily readable type the fact that the

photograph or image is of a model is a violation of subdivision (a). For

purposes of this paragraph, a model is anyone other than an actual

patient, who has undergone the procedure being advertised, of the licensee

who is advertising for his or her services.

(C) Use of any photograph or other image of an actual patient that

depicts or purports to depict the results of any procedure, or presents

"before" and "after" views of a patient, without specifying in a prominent

location in easily readable type size what procedures were performed on

that patient is a violation of subdivision (a). Any "before" and "after" views

(i) shall be comparable in presentation so that the results are not distorted

by favorable poses, lighting, or other features of presentation, and (ii) shall

contain a statement that the same "before" and "after" results may not

occur for all patients.

(4) Relates to fees, other than a standard consultation fee or a range of

fees for specific types of services, without fully and specifically disclosing all

variables and other material factors.

(5) Contains other representations or implications that in reasonable

probability will cause an ordinarily prudent person to misunderstand or be

deceived.

(6) Makes a claim either of professional superiority or of performing

services in a superior manner, unless that claim is relevant to the service

being performed and can be substantiated with objective scientific evidence.

(7) Makes a scientific claim that cannot be substantiated by reliable, peer

reviewed, published scientific studies.

(8) Includes any statement, endorsement, or testimonial that is likely to

mislead or deceive because of a failure to disclose material facts.

65

BUSINESS & PROFESSIONS CODE

Bus. & Prof. Code

(c) Any price advertisement shall be exact, without the use of phrases,

including, but not limited to, "as low as," "and up," "lowest prices," or words or

phrases of similar import. Any advertisement that refers to services, or costs

for services, and that uses words of comparison shall be based on verifiable

data substantiating the comparison. Any person so advertising shall be

prepared to provide information sufficient to establish the accuracy of that

comparison. Price advertising shall not be fraudulent, deceitful, or misleading,

including statements or advertisements of bait, discount, premiums, gifts, or

any statements of a similar nature. In connection with price advertising, the

price for each product or service shall be clearly identifiable. The price

advertised for products shall include charges for any related professional

services, including dispensing and fitting services, unless the advertisement

specifically and clearly indicates otherwise.

(d) Any person so licensed shall not compensate or give anything of value to

a representative of the press, radio, television, or other communication

medium in anticipation of, or in return for, professional publicity unless the

fact of compensation is made known in that publicity.

(e) Any person so licensed may not use any professional card, professional

announcement card, office sign, letterhead, telephone directory listing, medical

list, medical directory listing, or a similar professional notice or device if it

includes a statement or claim that is false, fraudulent, misleading, or deceptive

within the meaning of subdivision (b).

(f) Any person so licensed who violates this section is guilty of a misde-

meanor. A bona fide mistake of fact shall be a defense to this subdivision, but

only to this subdivision.

(g) Any violation of this section by a person so licensed shall constitute good

cause for revocation or suspension of his or her license or other disciplinary

action.

(h) Advertising by any person so licensed may include the following:

(1) A statement of the name of the practitioner.

(2) A statement of addresses and telephone numbers of the offices main-

tained by the practitioner.

(3) A statement of office hours regularly maintained by the practitioner.

(4) A statement of languages, other than English, fluently spoken by the

practitioner or a person in the practitioner's office.

(5)(A) A statement that the practitioner is certified by a private or public

board or agency or a statement that the practitioner limits his or her

practice to specific fields.

(B) Astatement of certification by a practitioner licensed under Chapter

7 (commencing with Section 3000) shall only include a statement that he

or she is certified or eligible for certification by a private or public board or

parent association recognized by that practitioner's licensing board.

(C) A physician and surgeon licensed under Chapter 5 (commencing

with Section 2000) by the Medical Board of California may include a

statement that he or she limits his or her practice to specific fields, but

66

BOARD OF PSYCHOLOGY

Bus. & Prof. Code

shall not include a statement that he or she is certified or eligible for

certification by a private or public board or parent association, including,

but not limited to, a multidisciplinary board or association, unless that

board or association is (i) an American Board of Medical Specialties

member board, (ii) a board or association with equivalent requirements

approved by that physician's and surgeon's licensing board prior to

January 1, 2019, or (iii) a board or association with an Accreditation

Council for Graduate Medical Education approved postgraduate training

program that provides complete training in that specialty or subspecialty.

A physician and surgeon licensed under Chapter 5 (commencing with

Section 2000) by the Medical Board of California who is certified by an

organization other than a board or association referred to in clause (i), (ii),

or (iii) shall not use the term "board certified" in reference to that

certification, unless the physician and surgeon is also licensed under

Chapter 4 (commencing with Section 1600) and the use of the term "board

certified" in reference to that certification is in accordance with subpara-

graph (A).Aphysician and surgeon licensed under Chapter 5 (commencing

with Section 2000) by the Medical Board of California who is certified by

a board or association referred to in clause (i), (ii), or (iii) shall not use the

term "board certified" unless the full name of the certifying board is also

used and given comparable prominence with the term "board certified" in

the statement.

For purposes of this subparagraph, a "multidisciplinary board or associa-

tion" means an educational certifying body that has a psychometrically valid

testing process, as determined by the Medical Board of California, for

certifying medical doctors and other health care professionals that is based

on the applicant's education, training, and experience. A multidisciplinary

board or association approved by the Medical Board of California prior to

January 1, 2019, shall retain that approval.

For purposes of the term "board certified," as used in this subparagraph,

the terms "board" and "association" mean an organization that is an

American Board of Medical Specialties member board, an organization with

equivalent requirements approved by a physician's and surgeon's licensing

prior to January 1, 2019, or an organization with an Accreditation Council

for Graduate Medical Education approved postgraduate training program

that provides complete training in a specialty or subspecialty.

(D) A doctor of podiatric medicine licensed under Article 22 (commenc-

ing with Section 2460) of Chapter 5 by the California Board of Podiatric

Medicine may include a statement that he or she is certified or eligible or

qualified for certification by a private or public board or parent association,

including, but not limited to, a multidisciplinary board or association, if

that board or association meets one of the following requirements: (i) is

approved by the Council on Podiatric Medical Education, (ii) is a board or

association with equivalent requirements approved by the California

Board of Podiatric Medicine, or (iii) is a board or association with the

67

BUSINESS & PROFESSIONS CODE

Bus. & Prof. Code

Council on Podiatric Medical Education approved postgraduate training

programs that provide training in podiatric medicine and podiatric sur-

gery. A doctor of podiatric medicine licensed under Article 22 (commencing

with Section 2460) of Chapter 5 by the California Board of Podiatric

Medicine who is certified by a board or association referred to in clause (i),

(ii), or (iii) shall not use the term "board certified" unless the full name of

the certifying board is also used and given comparable prominence with

the term "board certified" in the statement. A doctor of podiatric medicine

licensed under Article 22 (commencing with Section 2460) of Chapter 5 by

the California Board of Podiatric Medicine who is certified by an organi-

zation other than a board or association referred to in clause (i), (ii), or (iii)

shall not use the term "board certified" in reference to that certification.

For purposes of this subparagraph, a "multidisciplinary board or associa-

tion" means an educational certifying body that has a psychometrically valid

testing process, as determined by the California Board of Podiatric Medicine,

for certifying doctors of podiatric medicine that is based on the applicant's

education, training, and experience. For purposes of the term "board

certified," as used in this subparagraph, the terms "board" and "association"

mean an organization that is a Council on Podiatric Medical Education

approved board, an organization with equivalent requirements approved by

the California Board of Podiatric Medicine, or an organization with a Council

on Podiatric Medical Education approved postgraduate training program

that provides training in podiatric medicine and podiatric surgery.

The California Board of Podiatric Medicine shall adopt regulations to

establish and collect a reasonable fee from each board or association

applying for recognition pursuant to this subparagraph, to be deposited in

the State Treasury in the Podiatry Fund, pursuant to Section 2499. The fee

shall not exceed the cost of administering this subparagraph.

(6) A statement that the practitioner provides services under a specified

private or public insurance plan or health care plan.

(7) A statement of names of schools and postgraduate clinical training

programs from which the practitioner has graduated, together with the

degrees received.

(8) A statement of publications authored by the practitioner.

(9) A statement of teaching positions currently or formerly held by the

practitioner, together with pertinent dates.

(10) A statement of his or her affiliations with hospitals or clinics.

(11) A statement of the charges or fees for services or commodities offered

by the practitioner.

(12) A statement that the practitioner regularly accepts installment

payments of fees.

(13) Otherwise lawful images of a practitioner, his or her physical facili-

ties, or of a commodity to be advertised.

(14) A statement of the manufacturer, designer, style, make, trade name,

brand name, color, size, or type of commodities advertised.

68

BOARD OF PSYCHOLOGY

Bus. & Prof. Code

(15) An advertisement of a registered dispensing optician may include

statements in addition to those specified in paragraphs (1) to (14), inclusive,

provided that any statement shall not violate subdivision (a), (b), (c), or (e) or

any other section of this code.

(16) A statement, or statements, providing public health information

encouraging preventive or corrective care.

(17) Any other item of factual information that is not false, fraudulent,

misleading, or likely to deceive.

(i) Each of the healing arts boards and examining committees within

Division 2 shall adopt appropriate regulations to enforce this section in

accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of

Division 3 of Title 2 of the Government Code.

Each of the healing arts boards and committees and examining committees

within Division 2 shall, by regulation, define those efficacious services to be

advertised by businesses or professions under their jurisdiction for the purpose

of determining whether advertisements are false or misleading. Until a

definition for that service has been issued, no advertisement for that service

shall be disseminated. However, if a definition of a service has not been issued

by a board or committee within 120 days of receipt of a request from a licensee,

all those holding the license may advertise the service. Those boards and

committees shall adopt or modify regulations defining what services may be

advertised, the manner in which defined services may be advertised, and

restricting advertising that would promote the inappropriate or excessive use

of health services or commodities. A board or committee shall not, by regula-

tion, unreasonably prevent truthful, nondeceptive price or otherwise lawful

forms of advertising of services or commodities, by either outright prohibition

or imposition of onerous disclosure requirements. However, any member of a

board or committee acting in good faith in the adoption or enforcement of any

regulation shall be deemed to be acting as an agent of the state.

(j) The Attorney General shall commence legal proceedings in the appropri-

ate forum to enjoin advertisements disseminated or about to be disseminated

in violation of this section and seek other appropriate relief to enforce this

section. Notwithstanding any other provision of law, the costs of enforcing this

section to the respective licensing boards or committees may be awarded

against any licensee found to be in violation of any provision of this section.

This shall not diminish the power of district attorneys, county counsels, or city

attorneys pursuant to existing law to seek appropriate relief.

(k) A physician and surgeon licensed pursuant to Chapter 5 (commencing

with Section 2000) by the Medical Board of California or a doctor of podiatric

medicine licensed pursuant to Article 22 (commencing with Section 2460) of

Chapter 5 by the California Board of Podiatric Medicine who knowingly and

intentionally violates this section may be cited and assessed an administrative

fine not to exceed ten thousand dollars ($10,000) per event. Section 125.9 shall

govern the issuance of this citation and fine except that the fine limitations

prescribed in paragraph (3) of subdivision (b) of Section 125.9 shall not apply

to a fine under this subdivision.

69

BUSINESS & PROFESSIONS CODE

Bus. & Prof. Code

HISTORY:

Added Stats 1955 ch 1050 § 1. Amended Stats 1972 ch 1361 § 1; Stats 1979 ch 653 § 2; Stats 1983

ch 691 § 1; Stats 1990 ch 1660 § 1 (SB 2036), operative January 1, 1993; Stats 1992 ch 783 § 1 (AB

2180); Stats 1998 ch 736 § 2 (SB 1981); Stats 1999 ch 631 § 1 (SB 450), ch 856 § 2 (SB 836); Stats 2000

ch 135 § 1 (AB 2539); Stats 2002 ch 313 § 1 (AB 1026); Stats 2011 ch 385 § 1 (SB 540), effective

January 1, 2012; Stats 2017 ch 775 § 6 (SB 798), effective January 1, 2018.

§ 654.2. Referrals to organization in which licensee or family has

significant beneficial interest; Required disclosure statement

(a) It is unlawful for any person licensed under this division or under any

initiative act referred to in this division to charge, bill, or otherwise solicit

payment from a patient on behalf of, or refer a patient to, an organization in

which the licensee, or the licensee's immediate family, has a significant

beneficial interest, unless the licensee first discloses in writing to the patient,

that there is such an interest and advises the patient that the patient may

choose any organization for the purpose of obtaining the services ordered or

requested by the licensee.

(b) The disclosure requirements of subdivision (a) may be met by posting a

conspicuous sign in an area which is likely to be seen by all patients who use

the facility or by providing those patients with a written disclosure statement.

Where referrals, billings, or other solicitations are between licensees who

contract with multispecialty clinics pursuant to subdivision (l) of Section 1206

of the Health and Safety Code or who conduct their practice as members of the

same professional corporation or partnership, and the services are rendered on

the same physical premises, or under the same professional corporation or

partnership name, the requirements of subdivision (a) may be met by posting

a conspicuous disclosure statement at a single location which is a common area

or registration area or by providing those patients with a written disclosure

statement.

(c) On and after July 1, 1987, persons licensed under this division or under

any initiative act referred to in this division shall disclose in writing to any

third-party payer for the patient, when requested by the payer, organizations

in which the licensee, or any member of the licensee's immediate family, has a

significant beneficial interest and to which patients are referred. The third-

party payer shall not request this information from the provider more than

once a year.

Nothing in this section shall be construed to serve as the sole basis for the

denial or delay of payment of claims by third party payers.

(d) For the purposes of this section, the following terms have the following

meanings:

(1) "Immediate family" includes the spouse and children of the licensee,

the parents of the licensee and licensee's spouse, and the spouses of the

children of the licensee.

(2) "Significant beneficial interest" means any financial interest that is

equal to or greater than the lesser of the following:

(A) Five percent of the whole.

70

BOARD OF PSYCHOLOGY

Bus. & Prof. Code

(B) Five thousand dollars ($5,000).

(3) A third-party payer includes any health care service plan, self-insured

employee welfare benefit plan, disability insurer, nonprofit hospital service

plan, or private group or indemnification insurance program.

A third party payer does not include a prepaid capitated plan licensed

under the Knox-Keene Health Care Service Plan Act of 1975 or Chapter 11a

(commencing with Section 11491) of Part 2 of Division 2 of the Insurance

Code.

(e) This section shall not apply to a "significant beneficial interest" which is

limited to ownership of a building where the space is leased to the organization

at the prevailing rate under a straight lease agreement or to any interest held

in publicly traded stocks.

(f)(1) This section does not prohibit the acceptance of evaluation specimens

for proficiency testing or referral of specimens or assignment from one

clinical laboratory to another clinical laboratory, either licensed or exempt

under this chapter, if the report indicates clearly the name of the laboratory

performing the test.

(2) This section shall not apply to relationships governed by other provi-

sions of this article nor is this section to be construed as permitting

relationships or interests that are prohibited by existing law on the effective

date of this section.

(3) The disclosure requirements of this section shall not be required to be

given to any patient, customer, or his or her representative, if the licensee,

organization, or entity is providing or arranging for health care services

pursuant to a prepaid capitated contract with the State Department of

Health Services.

HISTORY:

Added Stats 1984 ch 639 § 1. Amended Stats 1985 ch 1542 § 1; Stats 1986 ch 881 § 1.

ARTICLE 7.5

HEALTH CARE PRACTITIONERS

HISTORY: Added Stats 1998 ch 1013 § 1.

§ 680. Health care practitioner's disclosure of name and license

status

(a) Except as otherwise provided in this section, a health care practitioner

shall disclose, while working, his or her name and practitioner's license status,

as granted by this state, on a name tag in at least 18-point type. A health care

practitioner in a practice or an office, whose license is prominently displayed,

may opt to not wear a name tag. If a health care practitioner or a licensed

clinical social worker is working in a psychiatric setting or in a setting that is

not licensed by the state, the employing entity or agency shall have the

71

BUSINESS & PROFESSIONS CODE

Bus. & Prof. Code

discretion to make an exception from the name tag requirement for individual

safety or therapeutic concerns. In the interest of public safety and consumer

awareness, it shall be unlawful for any person to use the title "nurse" in

reference to himself or herself and in any capacity, except for an individual who

is a registered nurse or a licensed vocational nurse, or as otherwise provided in

Section 2800. Nothing in this section shall prohibit a certified nurse assistant

from using his or her title.

(b) Facilities licensed by the State Department of Social Services, the State

Department of Public Health, or the State Department of Health Care Services

shall develop and implement policies to ensure that health care practitioners

providing care in those facilities are in compliance with subdivision (a). The

State Department of Social Services, the State Department of Public Health,

and the State Department of Health Care Services shall verify through

periodic inspections that the policies required pursuant to subdivision (a) have

been developed and implemented by the respective licensed facilities.

(c) For purposes of this article, "health care practitioner" means any person

who engages in acts that are the subject of licensure or regulation under this

division or under any initiative act referred to in this division.

HISTORY:

Added Stats 1998 ch 1013 § 1 (AB 1439). Amended Stats 1999 ch 411 § 1 (AB 1433); Stats 2000 ch

135 § 2 (AB 2539); Stats 2012 ch 34 § 2 (SB 1009), effective June 27, 2012; Stats 2013 ch 23 § 1 (AB

82), effective June 27, 2013.

§ 680.5. Additional disclosures of specified information; Applicabil-

ity

(a)(1) Ahealth care practitioner licensed under Division 2 (commencing with

Section 500) shall communicate to a patient his or her name, state-granted

practitioner license type, and highest level of academic degree, by one or

both of the following methods:

(A) In writing at the patient's initial office visit.

(B) In a prominent display in an area visible to patients in his or her

office.

(2) An individual licensed under Chapter 6 (commencing with Section

2700) or Chapter 9 (commencing with Section 4000) is not required to

disclose the highest level of academic degree he or she holds.

(b) A person licensed under Chapter 5 (commencing with Section 2000) or

under the Osteopathic Act, who is certified by (1) an American Board of

Medical Specialties member board, (2) a board or association with require-

ments equivalent to a board described in paragraph (1) approved by that

person's medical licensing authority, or (3) a board or association with an

Accreditation Council for Graduate Medical Education approved postgraduate

training program that provides complete training in the person's specialty or

subspecialty, shall disclose the name of the board or association by either

method described in subdivision (a).

72

BOARD OF PSYCHOLOGY

Bus. & Prof. Code

(c) A health care practitioner who chooses to disclose the information

required by subdivisions (a) and (b) pursuant to subparagraph (A) of para-

graph (1) of subdivision (a) shall present that information in at least 24-point

type in the following format:

HEALTH CARE PRACTITIONER INFORMATION

1. Name and license . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2. Highest level of academic degree . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3. Board certification (ABMS/MBC) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d) This section shall not apply to the following health care practitioners:

(1) A person who provides professional medical services to enrollees of a

health care service plan that exclusively contracts with a single medical

group in a specific geographic area to provide or arrange for professional

medical services for the enrollees of the plan.

(2) A person who works in a facility licensed under Section 1250 of the

Health and Safety Code or in a clinical laboratory licensed under Section

1265.

(3) A person licensed under Chapter 3 (commencing with Section 1200),

Chapter 7.5 (commencing with Section 3300), Chapter 8.3 (commencing with

Section 3700), Chapter 11 (commencing with Section 4800), Chapter 13

(commencing with Section 4980), Chapter 14 (commencing with Section

4990.1), or Chapter 16 (commencing with Section 4999.10).

(e) A health care practitioner, who provides information regarding health

care services on an InternetWeb site that is directly controlled or administered

by that health care practitioner or his or her office personnel, shall prominently

display on that Internet Web site the information required by this section.

HISTORY:

Added Stats 2010 ch 436 § 1 (AB 583), effective January 1, 2011. Amended Stats 2011 ch 381 § 5

(SB 146), effective January 1, 2012.

§ 683. Reporting name and license number of licensee prohibited

from practicing

(a) A board shall report, within 10 working days, to the State Department of

Health Care Services the name and license number of a person whose license

has been revoked, suspended, surrendered, made inactive by the licensee, or

placed in another category that prohibits the licensee from practicing his or her

profession. The purpose of the reporting requirement is to prevent reimburse-

ment by the state for Medi-Cal and Denti-Cal services provided after the

cancellation of a provider's professional license.

(b) "Board," as used in this section, means the Dental Board of California,

the Medical Board of California, the Board of Psychology, the State Board of

Optometry, the California State Board of Pharmacy, the Osteopathic Medical

Board of California, the State Board of Chiropractic Examiners, the Board of

Behavioral Sciences, the California Board of Podiatric Medicine, and the

California Board of Occupational Therapy.

73

BUSINESS & PROFESSIONS CODE

Bus. & Prof. Code

(c) This section shall become operative on January 1, 2015.

HISTORY:

Added Stats 2012 ch 154 § 2 (AB 367), effective January 1, 2013, operative January 1, 2015.

Amended Stats 2017 ch 775 § 8 (SB 798), effective January 1, 2018.

§ 686. Providing services via telehealth

A health care practitioner licensed under Division 2 (commencing with

Section 500) providing services via telehealth shall be subject to the require-

ments and definitions set forth in Section 2290.5, to the practice act relating to

his or her licensed profession, and to the regulations adopted by a board

pursuant to that practice act.

HISTORY:

Added Stats 2012 ch 782 § 1 (AB 1733), effective January 1, 2013.

ARTICLE 9

INACTIVE LICENSE

HISTORY: Added Stats 1977 ch 410 § 1, effective August 27, 1977.

§ 700. Legislative intent

It is the intent of the Legislature to establish in this article an inactive

category of health professionals' licensure. Such inactive licenses or certificates

are intended to allow a person who has a license or certificate in one of the

healing arts, but who is not actively engaged in the practice of his or her

profession, to maintain licensure or certification in a nonpracticing status.

HISTORY:

Added Stats 1977 ch 410 § 1, effective August 27, 1977.

§ 701. Issuance

(a) As used in this article, "board" refers to any healing arts board, division,

or examining committee which licenses or certifies health professionals.

(b) Each healing arts board referred to in this division shall issue, upon

application and payment of the normal renewal fee, an inactive license or

certificate to a current holder of an active license or certificate whose license or

certificate is not suspended, revoked, or otherwise punitively restricted by that

board.

HISTORY:

Added Stats 1977 ch 410 § 1, effective August 27, 1977. Amended Stats 2018 ch 249 § 1 (AB 1659),

effective January 1, 2019.

§ 702. Holder prohibited from engaging in active license activity

The holder of an inactive healing arts license or certificate issued pursuant

to this article shall not do any of the following:

74

BOARD OF PSYCHOLOGY

Bus. & Prof. Code

(a) Engage in any activity for which an active license or certificate is

required.

(b) Represent that he or she has an active license.

HISTORY:

Added Stats 1977 ch 410 § 1, effective August 27, 1977. Amended Stats 2018 ch 249 § 2 (AB 1659),

effective January 1, 2019.

§ 703. Renewal; Fees

(a) An inactive healing arts license or certificate issued pursuant to this

article shall be renewed during the same time period at which an active license

or certificate is renewed. In order to renew a license or certificate issued

pursuant to this article, the holder thereof need not comply with any continu-

ing education requirement for renewal of an active license or certificate.

(b) The renewal fee for a license or certificate in an active status shall apply

also for renewal of a license or certificate in an inactive status, unless a lower

fee has been established by the issuing board.

HISTORY:

Added Stats 1977 ch 410 § 1, effective August 27, 1977. Amended Stats 2018 ch 249 § 3 (AB 1659),

effective January 1, 2019.

§ 704. Restoration to active status

In order for the holder of an inactive license or certificate issued pursuant to

this article to restore his or her license or certificate to an active status, the

holder of an inactive license or certificate shall comply with all the following:

(a) Pay the renewal fee; provided, that the renewal fee shall be waived for

a physician and surgeon who certifies to the Medical Board of California that

license restoration is for the sole purpose of providing voluntary, unpaid

service to a public agency, not-for-profit agency, institution, or corporation

which provides medical services to indigent patients in medically under-

served or critical-need population areas of the state.

(b) If the board requires completion of continuing education for renewers

of an active license or certificate, complete continuing education equivalent

to that required for a single license renewal period.

HISTORY:

Added Stats 1977 ch 410 § 1, effective August 27, 1977. Amended Stats 1999 ch 631 § 2 (SB 450).

ARTICLE 10.5

UNPROFESSIONAL CONDUCT

HISTORY: Added Stats 1979 ch 348 § 2.

§ 725. Excessive prescribing or treatment; Treatment for intractable

pain

(a) Repeated acts of clearly excessive prescribing, furnishing, dispensing, or

75

BUSINESS & PROFESSIONS CODE

Bus. & Prof. Code

administering of drugs or treatment, repeated acts of clearly excessive use of

diagnostic procedures, or repeated acts of clearly excessive use of diagnostic or

treatment facilities as determined by the standard of the community of

licensees is unprofessional conduct for a physician and surgeon, dentist,

podiatrist, psychologist, physical therapist, chiropractor, optometrist, speech-

language pathologist, or audiologist.

(b) Any person who engages in repeated acts of clearly excessive prescribing

or administering of drugs or treatment is guilty of a misdemeanor and shall be

punished by a fine of not less than one hundred dollars ($100) nor more than

six hundred dollars ($600), or by imprisonment for a term of not less than 60

days nor more than 180 days, or by both that fine and imprisonment.

(c) A practitioner who has a medical basis for prescribing, furnishing,

dispensing, or administering dangerous drugs or prescription controlled sub-

stances shall not be subject to disciplinary action or prosecution under this

section.

(d) No physician and surgeon shall be subject to disciplinary action pursu-

ant to this section for treating intractable pain in compliance with Section

2241.5.

HISTORY:

Added Stats 1979 ch 348 § 2. Amended Stats 1984 ch 769 § 1; Stats 1998 ch 984 § 1 (AB 2305); Stats

2006 ch 350 § 2 (AB 2198), ch 659 § 1.5 (SB 1475), effective January 1, 2007; Stats 2007 ch 130 § 2

(AB 299), effective January 1, 2008.

§ 726. Commission of act of sexual abuse or misconduct with pa-

tient or client

(a) The commission of any act of sexual abuse, misconduct, or relations with

a patient, client, or customer constitutes unprofessional conduct and grounds

for disciplinary action for any person licensed under thisor under any initiative

act referred to in this division.

(b) This section shall not apply to consensual sexual contact between a

licensee and his or her spouse or person in an equivalent domestic relationship

when that licensee provides medical treatment, other than psychotherapeutic

treatment, to his or her spouse or person in an equivalent domestic relation-

ship.

HISTORY:

Added Stats 1979 ch 955 § 1, as B & P C § 730. Renumbered by Stats 1981 ch 714 § 3. Amended

Stats 1983 ch 928 § 1; Stats 1993 ch 1072 § 1 (SB 743); Stats 2015 ch 510 § 3 (AB 179), effective

January 1, 2016.

§ 727. Applicability of Evidence Code provisions

The provisions of subdivision (2) of Section 1103 of the Evidence Code shall

apply in disciplinary proceedings brought against a licensee for acts in

violation of Section 726.

HISTORY:

Added Stats 1979 ch 955 § 1, as B & P C § 731. Amended and Renumbered by Stats 1981 ch 714

§ 4.

76

BOARD OF PSYCHOLOGY

Bus. & Prof. Code

§ 728. Provision of brochure by psychotherapist to client alleging

sexual intercourse or contact with previous psychotherapist during

course of prior treatment

(a) Any psychotherapist or employer of a psychotherapist who becomes

aware through a client that the client had alleged sexual intercourse or alleged

sexual behavior or sexual contact with a previous psychotherapist during the

course of a prior treatment shall provide to the client a brochure developed

pursuant to Section 337 that delineates the rights of, and remedies for, clients

who have been involved sexually with their psychotherapists. Further, the

psychotherapist or employer shall discuss the brochure with the client.

(b) Failure to comply with this section constitutes unprofessional conduct.

(c) For the purpose of this section, the following definitions apply:

(1) "Psychotherapist" means any of the following:

(A) A physician and surgeon specializing in the practice of psychiatry or

practicing psychotherapy.

(B) A psychologist licensed pursuant to Chapter 6.6 (commencing with

Section 2900).

(C) A psychological assistant.

(D) A registered psychologist.

(E) A trainee under the supervision of a licensed psychologist.

(F) A marriage and family therapist.

(G) An associate marriage and family therapist.

(H) A marriage and family therapist trainee.

(I) A licensed educational psychologist.

(J) A clinical social worker.

(K) An associate clinical social worker.

(L) A licensed professional clinical counselor.

(M) An associate professional clinical counselor, as specified in Chapter

16 (commencing with Section 4999.10).

(N) A clinical counselor trainee, as specified in Chapter 16 (commencing

with Section 4999.10).

(2) "Sexual behavior" means inappropriate contact or communication of a

sexual nature. "Sexual behavior" does not include the provision of appropri-

ate therapeutic interventions relating to sexual issues.

(3) "Sexual contact" means the touching of an intimate part of another

person.

(4) "Intimate part" and "touching" have the same meanings as defined in

subdivisions (g) and (e), respectively, of Section 243.4 of the Penal Code.

(5) "The course of a prior treatment" means the period of time during

which a client first commences treatment for services that a psychotherapist

is authorized to provide under his or her scope of practice, or that the

psychotherapist represents to the client as being within his or her scope of

practice, until the psychotherapist-client relationship is terminated.

HISTORY:

Added Stats 1987 ch 1448 § 2. Amended Stats 1989 ch 1104 § 1.5; Stats 1992 ch 890 § 1 (SB 1394);

77

BUSINESS & PROFESSIONS CODE

Bus. & Prof. Code

Stats 2002 ch 1013 § 6 (SB 2026); Stats 2009 ch 619 § 1 (SB 788), effective January 1, 2010; Stats 2010

ch 328 § 5 (SB 1330), effective January 1, 2011; Stats 2018 ch 743 § 1 (AB 93), effective January 1,

2019; Stats 2018 ch 778 § 2.5 (AB 2968), effective January 1, 2019 (ch 778 prevails).

§ 729. Sexual exploitation of patient or client by physician and sur-

geon, or psychotherapist

(a) Any physician and surgeon, psychotherapist, alcohol and drug abuse

counselor or any person holding himself or herself out to be a physician and

surgeon, psychotherapist, or alcohol and drug abuse counselor, who engages in

an act of sexual intercourse, sodomy, oral copulation, or sexual contact with a

patient or client, or with a former patient or client when the relationship was

terminated primarily for the purpose of engaging in those acts, unless the

physician and surgeon, psychotherapist, or alcohol and drug abuse counselor

has referred the patient or client to an independent and objective physician

and surgeon, psychotherapist, or alcohol and drug abuse counselor recom-

mended by a third-party physician and surgeon, psychotherapist, or alcohol

and drug abuse counselor for treatment, is guilty of sexual exploitation by a

physician and surgeon, psychotherapist, or alcohol and drug abuse counselor.

(b) Sexual exploitation by a physician and surgeon, psychotherapist, or

alcohol and drug abuse counselor is a public offense:

(1) An act in violation of subdivision (a) shall be punishable by imprison-

ment in a county jail for a period of not more than six months, or a fine not

exceeding one thousand dollars ($1,000), or by both that imprisonment and

fine.

(2) Multiple acts in violation of subdivision (a) with a single victim, when

the offender has no prior conviction for sexual exploitation, shall be punish-

able by imprisonment in a county jail for a period of not more than six

months, or a fine not exceeding one thousand dollars ($1,000), or by both that

imprisonment and fine.

(3) An act or acts in violation of subdivision (a) with two or more victims

shall be punishable by imprisonment pursuant to subdivision (h) of Section

1170 of the Penal Code for a period of 16 months, two years, or three years,

and a fine not exceeding ten thousand dollars ($10,000); or the act or acts

shall be punishable by imprisonment in a county jail for a period of not more

than one year, or a fine not exceeding one thousand dollars ($1,000), or by

both that imprisonment and fine.

(4) Two or more acts in violation of subdivision (a) with a single victim,

when the offender has at least one prior conviction for sexual exploitation,

shall be punishable by imprisonment pursuant to subdivision (h) of Section

1170 of the Penal Code for a period of 16 months, two years, or three years,

and a fine not exceeding ten thousand dollars ($10,000); or the act or acts

shall be punishable by imprisonment in a county jail for a period of not more

than one year, or a fine not exceeding one thousand dollars ($1,000), or by

both that imprisonment and fine.

(5) An act or acts in violation of subdivision (a) with two or more victims,

and the offender has at least one prior conviction for sexual exploitation,

78

BOARD OF PSYCHOLOGY

Bus. & Prof. Code

shall be punishable by imprisonment pursuant to subdivision (h) of Section

1170 of the Penal Code for a period of 16 months, two years, or three years,

and a fine not exceeding ten thousand dollars ($10,000).

For purposes of subdivision (a), in no instance shall consent of the patient

or client be a defense. However, physicians and surgeons shall not be guilty

of sexual exploitation for touching any intimate part of a patient or client

unless the touching is outside the scope of medical examination and

treatment, or the touching is done for sexual gratification.

(c) For purposes of this section:

(1) "Psychotherapist" has the same meaning as defined in Section 728.

(2) "Alcohol and drug abuse counselor" means an individual who holds

himself or herself out to be an alcohol or drug abuse professional or

paraprofessional.

(3) "Sexual contact" means sexual intercourse or the touching of an

intimate part of a patient for the purpose of sexual arousal, gratification, or

abuse.

(4) "Intimate part" and "touching" have the same meanings as defined in

Section 243.4 of the Penal Code.

(d) In the investigation and prosecution of a violation of this section, no

person shall seek to obtain disclosure of any confidential files of other patients,

clients, or former patients or clients of the physician and surgeon, psychothera-

pist, or alcohol and drug abuse counselor.

(e) This section does not apply to sexual contact between a physician and

surgeon and his or her spouse or person in an equivalent domestic relationship

when that physician and surgeon provides medical treatment, other than

psychotherapeutic treatment, to his or her spouse or person in an equivalent

domestic relationship.

(f) If a physician and surgeon, psychotherapist, or alcohol and drug abuse

counselor in a professional partnership or similar group has sexual contact

with a patient in violation of this section, another physician and surgeon,

psychotherapist, or alcohol and drug abuse counselor in the partnership or

group shall not be subject to action under this section solely because of the

occurrence of that sexual contact.

HISTORY:

Added Stats 1989 ch 795 § 1. Amended Stats 1993 ch 1072 § 2 (SB 743); Stats 1994 ch 146 § 2 (AB

3601); Stats 1995 ch 444 § 1 (SB 685); Stats 2011 ch 15 § 6 (AB 109), effective April 4, 2011, operative

October 1, 2011.

§ 731. Violations at work as unprofessional conduct

(a) Any person licensed, certified, registered, or otherwise subject to regu-

lation pursuant to this division who engages in, or who aids or abets in, a

violation of Section 266h, 266i, 315, 316, or 318 of, or subdivision (a) or (b) of

Section 647 of, the Penal Code occurring in the work premises of, or work area

under the direct professional supervision or control of, that person, shall be

guilty of unprofessional conduct. The license, certification, or registration of

79

BUSINESS & PROFESSIONS CODE

Bus. & Prof. Code

that person shall be subject to denial, suspension, or revocation by the

appropriate regulatory entity under this division.

(b) In addition to any penalty provided under any other provision of law, a

violation of subdivision (a) shall subject the person to a civil penalty in an

amount not to exceed two thousand five hundred dollars ($2,500) for the first

offense, and not to exceed five thousand dollars ($5,000) for each subsequent

offense, which may be assessed and recovered in a civil action brought by any

district attorney. If the action is brought by a district attorney, the penalty

recovered shall be paid to the treasurer of the county in which the judgment

was entered.

HISTORY:

Added Stats 1998 ch 971 § 2 (AB 2721).

ARTICLE 11

PROFESSIONAL REPORTING

HISTORY: Added Stats 2d Ex Sess 1975 ch 1 § 2.3. Former Article 11, consisting of §§ 800-803,

relating to reporting of malpractice actions, was added Stats 1970 ch 1111 § 1, operative January

1, 1971, and repealed Stats 2d Ex Sess 1975 ch 1 § 2.2.

§ 800. Central files of licensees' individual historical records

(a) The Medical Board of California, the California Board of Podiatric

Medicine, the Board of Psychology, the Dental Board of California, the Dental

Hygiene Board of California, the Osteopathic Medical Board of California, the

State Board of Chiropractic Examiners, the Board of Registered Nursing, the

Board of Vocational Nursing and Psychiatric Technicians of the State of

California, the State Board of Optometry, the Veterinary Medical Board, the

Board of Behavioral Sciences, the Physical Therapy Board of California, the

California State Board of Pharmacy, the Speech-Language Pathology and

Audiology and Hearing Aid Dispensers Board, the California Board of Occu-

pational Therapy, the Acupuncture Board, and the Physician Assistant Board

shall each separately create and maintain a central file of the names of all

persons who hold a license, certificate, or similar authority from that board.

Each central file shall be created and maintained to provide an individual

historical record for each licensee with respect to the following information:

(1) Any conviction of a crime in this or any other state that constitutes

unprofessional conduct pursuant to the reporting requirements of Section

803.

(2) Any judgment or settlement requiring the licensee or his or her insurer

to pay any amount of damages in excess of three thousand dollars ($3,000)

for any claim that injury or death was proximately caused by the licensee's

negligence, error or omission in practice, or by rendering unauthorized

professional services, pursuant to the reporting requirements of Section 801

or 802.

80

BOARD OF PSYCHOLOGY

Bus. & Prof. Code

(3) Any public complaints for which provision is made pursuant to

subdivision (b).

(4) Disciplinary information reported pursuant to Section 805, including

any additional exculpatory or explanatory statements submitted by the

licentiate pursuant to subdivision (f) of Section 805. If a court finds, in a final

judgment, that the peer review resulting in the 805 report was conducted in

bad faith and the licensee who is the subject of the report notifies the board

of that finding, the board shall include that finding in the central file. For

purposes of this paragraph, "peer review" has the same meaning as defined

in Section 805.

(5) Information reported pursuant to Section 805.01, including any ex-

planatory or exculpatory information submitted by the licensee pursuant to

subdivision (b) of that section.

(b)(1) Each board shall prescribe and promulgate forms on which members

of the public and other licensees or certificate holders may file written

complaints to the board alleging any act of misconduct in, or connected with,

the performance of professional services by the licensee.

(2) If a board, or division thereof, a committee, or a panel has failed to act

upon a complaint or report within five years, or has found that the complaint

or report is without merit, the central file shall be purged of information

relating to the complaint or report.

(3) Notwithstanding this subdivision, the Board of Psychology, the Board

of Behavioral Sciences, and the Respiratory Care Board of California shall

maintain complaints or reports as long as each board deems necessary.

(c)(1) The contents of any central file that are not public records under any

other provision of law shall be confidential except that the licensee involved,

or his or her counsel or representative, shall have the right to inspect and

have copies made of his or her complete file except for the provision that may

disclose the identity of an information source. For the purposes of this

section, a board may protect an information source by providing a copy of the

material with only those deletions necessary to protect the identity of the

source or by providing a comprehensive summary of the substance of the

material. Whichever method is used, the board shall ensure that full

disclosure is made to the subject of any personal information that could

reasonably in any way reflect or convey anything detrimental, disparaging,

or threatening to a licensee's reputation, rights, benefits, privileges, or

qualifications, or be used by a board to make a determination that would

affect a licensee's rights, benefits, privileges, or qualifications. The informa-

tion required to be disclosed pursuant to Section 803.1 shall not be

considered among the contents of a central file for the purposes of this

subdivision.

(2) The licensee may, but is not required to, submit any additional

exculpatory or explanatory statement or other information that the board

shall include in the central file.

(3) Each board may permit any law enforcement or regulatory agency

when required for an investigation of unlawful activity or for licensing,

81

BUSINESS & PROFESSIONS CODE

Bus. & Prof. Code

certification, or regulatory purposes to inspect and have copies made of that

licensee's file, unless the disclosure is otherwise prohibited by law.

(4) These disclosures shall effect no change in the confidential status of

these records.

HISTORY:

Added Stats 1975 2d Ex Sess ch 1 § 2.3. Amended Stats 1975 2d Ex Sess ch 2 § 1.005, effective

September 24, 1975, operative December 12, 1975; Stats 1976 ch 1185 § 1; Stats 1980 ch 1313 § 1;

Stats 1987 ch 721 § 1; Stats 1989 ch 354 § 1, ch 886 § 10 (ch 354 prevails); Stats 1991 ch 359 § 5 (AB

1332), ch 1091 § 1 (AB 1487) (ch 359 prevails); Stats 1994 ch 26 § 15.5 (AB 1807), effective March 30,

1994; Stats 1995 ch 5 § 1 (SB 158), ch 60 § 6 (SB 42), effective July 6, 1995, ch 708 § 1.5 (SB 609); Stats

1997 ch 759 § 9 (SB 827); Stats 1999 ch 252 § 1 (AB 352), ch 655 § 2 (SB 1308); Stats 2002 ch 1085

§ 1 (SB 1950), ch 1150 § 2.5 (SB 1955); Stats 2006 ch 659 § 2 (SB 1475), effective January 1, 2007;

Stats 2009 ch 308 § 9 (SB 819), effective January 1, 2010; Stats 2010 ch 505 § 1 (SB 700), effective

January 1, 2011; Stats 2012 ch 332 § 1 (SB 1236), effective January 1, 2013; Stats 2015 ch 426 § 5 (SB

800), effective January 1, 2016; Stats 2017 ch 775 § 9 (SB 798), effective January 1, 2018; Stats 2018

ch 858 § 2 (SB 1482), effective January 1, 2019.

§ 801. Insurers' reports of malpractice settlements or arbitration

awards; Insured's written consent to settlement

(a) Except as provided in Section 801.01 and subdivisions (b), (c), (d), and (e)

of this section, every insurer providing professional liability insurance to a

person who holds a license, certificate, or similar authority from or under any

agency specified in subdivision (a) of Section 800 shall send a complete report

to that agency as to any settlement or arbitration award over three thousand

dollars ($3,000) of a claim or action for damages for death or personal injury

caused by that person's negligence, error, or omission in practice, or by his or

her rendering of unauthorized professional services. The report shall be sent

within 30 days after the written settlement agreement has been reduced to

writing and signed by all parties thereto or within 30 days after service of the

arbitration award on the parties.

(b) Every insurer providing professional liability insurance to a person

licensed pursuant to Chapter 13 (commencing with Section 4980), Chapter 14

(commencing with Section 4990), or Chapter 16 (commencing with Section

4999.10) shall send a complete report to the Board of Behavioral Sciences as to

any settlement or arbitration award over ten thousand dollars ($10,000) of a

claim or action for damages for death or personal injury caused by that

person's negligence, error, or omission in practice, or by his or her rendering of

unauthorized professional services. The report shall be sent within 30 days

after the written settlement agreement has been reduced to writing and signed

by all parties thereto or within 30 days after service of the arbitration award

on the parties.

(c) Every insurer providing professional liability insurance to a dentist

licensed pursuant to Chapter 4 (commencing with Section 1600) shall send a

complete report to the Dental Board of California as to any settlement or

arbitration award over ten thousand dollars ($10,000) of a claim or action for

damages for death or personal injury caused by that person's negligence, error,

82

BOARD OF PSYCHOLOGY

Bus. & Prof. Code

or omission in practice, or rendering of unauthorized professional services. The

report shall be sent within 30 days after the written settlement agreement has

been reduced to writing and signed by all parties thereto or within 30 days

after service of the arbitration award on the parties.

(d) Every insurer providing liability insurance to a veterinarian licensed

pursuant to Chapter 11 (commencing with Section 4800) shall send a complete

report to the Veterinary Medical Board of any settlement or arbitration award

over ten thousand dollars ($10,000) of a claim or action for damages for death

or injury caused by that person's negligence, error, or omission in practice, or

rendering of unauthorized professional service. The report shall be sent within

30 days after the written settlement agreement has been reduced to writing

and signed by all parties thereto or within 30 days after service of the

arbitration award on the parties.

(e) Every insurer providing professional liability insurance to a person

licensed pursuant to Chapter 6 (commencing with Section 2700) shall send a

complete report to the Board of Registered Nursing as to any settlement or

arbitration award over ten thousand dollars ($10,000) of a claim or action for

damages for death or personal injury caused by that person's negligence, error,

or omission in practice, or by his or her rendering of unauthorized professional

services. The report shall be sent within 30 days after the written settlement

agreement has been reduced to writing and signed by all parties thereto or

within 30 days after service of the arbitration award on the parties.

(f) The insurer shall notify the claimant, or if the claimant is represented by

counsel, the insurer shall notify the claimant's attorney, that the report

required by subdivision (a), (b), or (c) has been sent to the agency. If the

attorney has not received this notice within 45 days after the settlement was

reduced to writing and signed by all of the parties, the arbitration award was

served on the parties, or the date of entry of the civil judgment, the attorney

shall make the report to the agency.

(g) Notwithstanding any other provision of law, no insurer shall enter into a

settlement without the written consent of the insured, except that this

prohibition shall not void any settlement entered into without that written

consent. The requirement of written consent shall only be waived by both the

insured and the insurer.

(h) For purposes of this section, "insurer" means the following:

(1) The insurer providing professional liability insurance to the licensee.

(2) The licensee, or his or her counsel, if the licensee does not possess

professional liability insurance.

(3) A state or local governmental agency, including, but not limited to, a

joint powers authority, that self-insures the licensee. As used in this

paragraph, "state governmental agency" includes, but is not limited to, the

University of California.

HISTORY:

Added Stats 1975 2d Ex Sess ch 1 § 2.3. Amended Stats 1979 ch 923 § 1; Stats 1989 ch 398 § 1, ch

886 § 11 (ch 398 prevails); Stats 1991 ch 359 § 6 (AB 1332), ch 1091 § 2 (AB 1487) (ch 359 prevails);

83

BUSINESS & PROFESSIONS CODE

Bus. & Prof. Code

Stats 1994 ch 468 § 1 (AB 559), ch 1206 § 8 (SB 1775); Stats 1995 ch 5 § 2 (SB 158); Stats 1997 ch

359 § 1 (AB 103); Stats 2002 ch 1085 § 2 (SB 1950); Stats 2004 ch 467 § 1 (SB 1548); Stats 2006 ch

223 § 3 (SB 1438) (ch 223 prevails), effective January 1, 2007, ch 538 § 2 (SB 1852); Stats 2009 ch 308

§ 10 (SB 819), effective January 1, 2010; Stats 2011 ch 381 § 6 (SB 146), effective January 1, 2012;

Stats 2017 ch 520 § 1 (SB 799), effective January 1, 2018.

§ 801.1. Report of settlement or arbitration award where state or

local government acts as self-insurer in cases of negligence, error,

omission in practice, or rendering of unauthorized services result-

ing in death or personal injury

(a) Every state or local governmental agency that self-insures a person who

holds a license, certificate, or similar authority from or under any agency

specified in subdivision (a) of Section 800 (except a person licensed pursuant to

Chapter 3 (commencing with Section 1200) or Chapter 5 (commencing with

Section 2000) or the Osteopathic Initiative Act) shall send a complete report to

that agency as to any settlement or arbitration award over three thousand

dollars ($3,000) of a claim or action for damages for death or personal injury

caused by that person's negligence, error, or omission in practice, or rendering

of unauthorized professional services. The report shall be sent within 30 days

after the written settlement agreement has been reduced to writing and signed

by all parties thereto or within 30 days after service of the arbitration award

on the parties.

(b) Every state or local governmental agency that self-insures a person

licensed pursuant to Chapter 13 (commencing with Section 4980), Chapter 14

(commencing with Section 4990), or Chapter 16 (commencing with Section

4999.10) shall send a complete report to the Board of Behavioral Science

Examiners as to any settlement or arbitration award over ten thousand dollars

($10,000) of a claim or action for damages for death or personal injury caused

by that person's negligence, error, or omission in practice, or rendering of

unauthorized professional services. The report shall be sent within 30 days

after the written settlement agreement has been reduced to writing and signed

by all parties thereto or within 30 days after service of the arbitration award

on the parties.

HISTORY:

Added Stats 1995 ch 708 § 2 (SB 609). Amended Stats 2002 ch 1085 § 3 (SB 1950); Stats 2006 ch

223 § 5 (SB 1438), effective January 1, 2007; Stats 2011 ch 381 § 7 (SB 146), effective January 1, 2012.

§ 802. Reports of malpractice settlements or arbitration awards in-

volving uninsured licensees; Penalties for noncompliance

(a) Every settlement, judgment, or arbitration award over three thousand

dollars ($3,000) of a claim or action for damages for death or personal injury

caused by negligence, error or omission in practice, or by the unauthorized

rendering of professional services, by a person who holds a license, certificate,

or other similar authority from an agency specified in subdivision (a) of Section

800 (except a person licensed pursuant to Chapter 3 (commencing with Section

84

BOARD OF PSYCHOLOGY

Bus. & Prof. Code

1200) or Chapter 5 (commencing with Section 2000) or the Osteopathic

Initiative Act) who does not possess professional liability insurance as to that

claim shall, within 30 days after the written settlement agreement has been

reduced to writing and signed by all the parties thereto or 30 days after service

of the judgment or arbitration award on the parties, be reported to the agency

that issued the license, certificate, or similar authority. A complete report shall

be made by appropriate means by the person or his or her counsel, with a copy

of the communication to be sent to the claimant through his or her counsel if

the person is so represented, or directly if he or she is not. If, within 45 days of

the conclusion of the written settlement agreement or service of the judgment

or arbitration award on the parties, counsel for the claimant (or if the claimant

is not represented by counsel, the claimant himself or herself) has not received

a copy of the report, he or she shall himself or herself make the complete

report. Failure of the licensee or claimant (or, if represented by counsel, their

counsel) to comply with this section is a public offense punishable by a fine of

not less than fifty dollars ($50) or more than five hundred dollars ($500).

Knowing and intentional failure to comply with this section or conspiracy or

collusion not to comply with this section, or to hinder or impede any other

person in the compliance, is a public offense punishable by a fine of not less

than five thousand dollars ($5,000) nor more than fifty thousand dollars

($50,000).

(b) Every settlement, judgment, or arbitration award over ten thousand

dollars ($10,000) of a claim or action for damages for death or personal injury

caused by negligence, error or omission in practice, or by the unauthorized

rendering of professional services, by a marriage and family therapist, a

clinical social worker, or a professional clinical counselor licensed pursuant to

Chapter 13 (commencing with Section 4980), Chapter 14 (commencing with

Section 4990), or Chapter 16 (commencing with Section 4999.10), respectively,

who does not possess professional liability insurance as to that claim shall

within 30 days after the written settlement agreement has been reduced to

writing and signed by all the parties thereto or 30 days after service of the

judgment or arbitration award on the parties be reported to the agency that

issued the license, certificate, or similar authority. A complete report shall be

made by appropriate means by the person or his or her counsel, with a copy of

the communication to be sent to the claimant through his or her counsel if he

or she is so represented, or directly if he or she is not. If, within 45 days of the

conclusion of the written settlement agreement or service of the judgment or

arbitration award on the parties, counsel for the claimant (or if he or she is not

represented by counsel, the claimant himself or herself) has not received a copy

of the report, he or she shall himself or herself make a complete report. Failure

of the marriage and family therapist, clinical social worker, or professional

clinical counselor or claimant (or, if represented by counsel, his or her counsel)

to comply with this section is a public offense punishable by a fine of not less

than fifty dollars ($50) nor more than five hundred dollars ($500). Knowing and

intentional failure to comply with this section, or conspiracy or collusion not to

85

BUSINESS & PROFESSIONS CODE

Bus. & Prof. Code

comply with this section or to hinder or impede any other person in that

compliance, is a public offense punishable by a fine of not less than five

thousand dollars ($5,000) nor more than fifty thousand dollars ($50,000).

HISTORY:

Added Stats 1975 2d Ex Sess ch 1 § 2.3. Amended Stats 1979 ch 923 § 2; Stats 1989 ch 398 § 2; Stats

1997 ch 359 § 2 (AB 103); Stats 2001 ch 728 § 1.5 (SB 724); Stats 2002 ch 1085 § 4 (SB 1950); Stats

2005 ch 674 § 4 (SB 231), effective January 1, 2006; Stats 2006 ch 223 § 6 (SB 1438), effective January

1, 2007; Stats 2011 ch 381 § 8 (SB 146), effective January 1, 2012.

§ 803. Report of crime or liability for death or injury on part of

specified licensees to licensing agency

(a) Except as provided in subdivision (b), within 10 days after a judgment by

a court of this state that a person who holds a license, certificate, or other

similar authority from the Board of Behavioral Sciences or from an agency

mentioned in subdivision (a) of Section 800 (except a person licensed pursuant

to Chapter 3 (commencing with Section 1200)) has committed a crime, or is

liable for any death or personal injury resulting in a judgment for an amount

in excess of thirty thousand dollars ($30,000) caused by his or her negligence,

error or omission in practice, or his or her rendering unauthorized professional

services, the clerk of the court that rendered the judgment shall report that

fact to the agency that issued the license, certificate, or other similar authority.

(b) For purposes of a physician and surgeon, osteopathic physician and

surgeon, doctor of podiatric medicine, or physician assistant, who is liable for

any death or personal injury resulting in a judgment of any amount caused by

his or her negligence, error or omission in practice, or his or her rendering

unauthorized professional services, the clerk of the court that rendered the

judgment shall report that fact to the agency that issued the license.

HISTORY:

Added Stats 1993 ch 1267 § 4 (SB 916). Amended Stats 1995 ch 708 § 4 (SB 609); Stats 1997 ch 359

§ 3 (AB 103); Stats 2001 ch 728 § 2 (SB 724); Stats 2005 ch 216 § 3 (AB 268), effective January 1, 2006;

Stats 2006 ch 223 § 9 (SB 1438), effective January 1, 2007; Stats 2009 ch 308 § 11 (SB 819), effective

January 1, 2010; Stats 2012 ch 332 § 5 (SB 1236), effective January 1, 2013.

§ 803.5. Notice to board of filing charging licensee with felony;

Transmittal of copy of conviction

(a) The district attorney, city attorney, or other prosecuting agency shall

notify the Medical Board of California, the Osteopathic Medical Board of

California, the California Board of Podiatric Medicine, the State Board of

Chiropractic Examiners, the Physician Assistant Board, or other appropriate

allied health board, and the clerk of the court in which the charges have been

filed, of any filings against a licensee of that board charging a felony

immediately upon obtaining information that the defendant is a licensee of the

board. The notice shall identify the licensee and describe the crimes charged

and the facts alleged. The prosecuting agency shall also notify the clerk of the

court in which the action is pending that the defendant is a licensee, and the

86

BOARD OF PSYCHOLOGY

Bus. & Prof. Code

clerk shall record prominently in the file that the defendant holds a license

from one of the boards described above.

(b) The clerk of the court in which a licensee of one of the boards is convicted

of a crime shall, within 48 hours after the conviction, transmit a certified copy

of the record of conviction to the applicable board.

HISTORY:

Added Stats 1990 ch 1597 § 3 (SB 2375). Amended Stats 1993 ch 1267 § 6 (SB 916); Stats 1994 ch

1206 § 12 (SB 1775); Stats 1995 ch 708 § 6 (SB 609); Stats 2000 ch 867 § 4 (SB 1988); Stats 2005 ch

216 § 4 (AB 268), effective January 1, 2006; Stats 2006 ch 223 § 13 (SB 1438), effective January 1,

2007; Stats 2012 ch 332 § 7 (SB 1236), effective January 1, 2013.

§ 803.6. Transmittal of felony preliminary hearing transcript con-

cerning licensee to board; Transmittal of probation report

(a) The clerk of the court shall transmit any felony preliminary hearing

transcript concerning a defendant licensee to the Medical Board of California,

the Osteopathic Medical Board of California, the California Board of Podiatric

Medicine, the Physician Assistant Board, or other appropriate allied health

board, as applicable, where the total length of the transcript is under 800 pages

and shall notify the appropriate board of any proceeding where the transcript

exceeds that length.

(b) In any case where a probation report on a licensee is prepared for a court

pursuant to Section 1203 of the Penal Code, a copy of that report shall be

transmitted by the probation officer to the board.

HISTORY:

Added Stats 1990 ch 1597 § 4 (SB 2375). Amended Stats 1993 ch 1267 § 7 (SB 916); Stats 2005 ch

216 § 5 (AB 268), effective January 1, 2006; Stats 2012 ch 332 § 8 (SB 1236), effective January 1, 2013.

§ 804. Form and content of reports

(a) Any agency to whom reports are to be sent under Section 801, 801.1, 802,

or 803, may develop a prescribed form for the making of the reports, usage of

which it may, but need not, by regulation, require in all cases.

(b) A report required to be made by Sections 801, 801.1, or 802 shall be

deemed complete only if it includes the following information: (1) the name and

last known business and residential addresses of every plaintiff or claimant

involved in the matter, whether or not each plaintiff or claimant recovered

anything; (2) the name and last known business and residential addresses of

every physician or provider of health care services who was claimed or alleged

to have acted improperly, whether or not that person was a named defendant

and whether or not any recovery or judgment was had against that person; (3)

the name, address, and principal place of business of every insurer providing

professional liability insurance as to any person named in (2), and the

insured's policy number; (4) the name of the court in which the action or any

part of the action was filed along with the date of filing and docket number of

each action; (5) a brief description or summary of the facts upon which each

claim, charge or judgment rested including the date of occurrence; (6) the

87

BUSINESS & PROFESSIONS CODE

Bus. & Prof. Code

names and last known business and residential addresses of every person who

acted as counsel for any party in the litigation or negotiations, along with an

identification of the party whom said person represented; (7) the date and

amount of final judgment or settlement; and (8) any other information the

agency to whom the reports are to be sent may, by regulation, require.

(c) Every person named in the report, who is notified by the board within 60

days of the filing of the report, shall maintain for the period of three years from

the filing of the report any records he or she has as to the matter in question

and shall make those available upon request to the agency with which the

report was filed.

HISTORY:

Added Stats 2d Ex Sess 1975 ch 1 § 2.3. Amended Stats 2d Ex Sess 1975 ch 2 § 1.01, effective

September 24, 1975, operative December 12, 1975; Stats 1994 ch 1206 § 13 (SB 1775); Stats 1995 ch

708 § 7 (SB 609); Stats 2006 ch 223 § 14 (SB 1438), effective January 1, 2007.

§ 805. Peer review; Reports

(a) As used in this section, the following terms have the following defini-

tions:

(1)(A) "Peer review" means both of the following:

(i) A process in which a peer review body reviews the basic qualifica-

tions, staff privileges, employment, medical outcomes, or professional

conduct of licentiates to make recommendations for quality improve-

ment and education, if necessary, in order to do either or both of the

following:

(I) Determine whether a licentiate may practice or continue to

practice in a health care facility, clinic, or other setting providing

medical services, and, if so, to determine the parameters of that

practice.

(II) Assess and improve the quality of care rendered in a health

care facility, clinic, or other setting providing medical services.

(ii) Any other activities of a peer review body as specified in subpara-

graph (B).

(B) "Peer review body" includes:

(i) A medical or professional staff of any health care facility or clinic

licensed under Division 2 (commencing with Section 1200) of the Health

and Safety Code or of a facility certified to participate in the federal

Medicare program as an ambulatory surgical center.

(ii) A health care service plan licensed under Chapter 2.2 (commenc-

ing with Section 1340) of Division 2 of the Health and Safety Code or a

disability insurer that contracts with licentiates to provide services at

alternative rates of payment pursuant to Section 10133 of the Insurance

Code.

(iii) Any medical, psychological, marriage and family therapy, social

work, professional clinical counselor, dental, midwifery, or podiatric

professional society having as members at least 25 percent of the eligible

88

BOARD OF PSYCHOLOGY

Bus. & Prof. Code

licentiates in the area in which it functions (which must include at least

one county), which is not organized for profit and which has been

determined to be exempt from taxes pursuant to Section 23701 of the

Revenue and Taxation Code.

(iv) A committee organized by any entity consisting of or employing

more than 25 licentiates of the same class that functions for the purpose

of reviewing the quality of professional care provided by members or

employees of that entity.

(2) "Licentiate" means a physician and surgeon, doctor of podiatric medi-

cine, clinical psychologist, marriage and family therapist, clinical social

worker, professional clinical counselor, dentist, licensed midwife, or physi-

cian assistant. "Licentiate" also includes a person authorized to practice

medicine pursuant to Section 2113 or 2168.

(3) "Agency" means the relevant state licensing agency having regulatory

jurisdiction over the licentiates listed in paragraph (2).

(4) "Staff privileges" means any arrangement under which a licentiate is

allowed to practice in or provide care for patients in a health facility. Those

arrangements shall include, but are not limited to, full staff privileges, active

staff privileges, limited staff privileges, auxiliary staff privileges, provisional

staff privileges, temporary staff privileges, courtesy staff privileges, locum

tenens arrangements, and contractual arrangements to provide professional

services, including, but not limited to, arrangements to provide outpatient

services.

(5) "Denial or termination of staff privileges, membership, or employ-

ment" includes failure or refusal to renew a contract or to renew, extend, or

reestablish any staff privileges, if the action is based on medical disciplinary

cause or reason.

(6) "Medical disciplinary cause or reason" means that aspect of a licenti-

ate's competence or professional conduct that is reasonably likely to be

detrimental to patient safety or to the delivery of patient care.

(7) "805 report" means the written report required under subdivision (b).

(b) The chief of staff of a medical or professional staff or other chief executive

officer, medical director, or administrator of any peer review body and the chief

executive officer or administrator of any licensed health care facility or clinic

shall file an 805 report with the relevant agency within 15 days after the

effective date on which any of the following occur as a result of an action of a

peer review body:

(1) A licentiate's application for staff privileges or membership is denied

or rejected for a medical disciplinary cause or reason.

(2) A licentiate's membership, staff privileges, or employment is termi-

nated or revoked for a medical disciplinary cause or reason.

(3) Restrictions are imposed, or voluntarily accepted, on staff privileges,

membership, or employment for a cumulative total of 30 days or more for any

12-month period, for a medical disciplinary cause or reason.

(c) If a licentiate takes any action listed in paragraph (1), (2), or (3) after

receiving notice of a pending investigation initiated for a medical disciplinary

89

BUSINESS & PROFESSIONS CODE

Bus. & Prof. Code

cause or reason or after receiving notice that his or her application for

membership or staff privileges is denied or will be denied for a medical

disciplinary cause or reason, the chief of staff of a medical or professional staff

or other chief executive officer, medical director, or administrator of any peer

review body and the chief executive officer or administrator of any licensed

health care facility or clinic where the licentiate is employed or has staff

privileges or membership or where the licentiate applied for staff privileges or

membership, or sought the renewal thereof, shall file an 805 report with the

relevant agency within 15 days after the licentiate takes the action.

(1) Resigns or takes a leave of absence from membership, staff privileges,

or employment.

(2) Withdraws or abandons his or her application for staff privileges or

membership.

(3) Withdraws or abandons his or her request for renewal of staff

privileges or membership.

(d) For purposes of filing an 805 report, the signature of at least one of the

individuals indicated in subdivision (b) or (c) on the completed form shall

constitute compliance with the requirement to file the report.

(e) An 805 report shall also be filed within 15 days following the imposition

of summary suspension of staff privileges, membership, or employment, if the

summary suspension remains in effect for a period in excess of 14 days.

(f) A copy of the 805 report, and a notice advising the licentiate of his or her

right to submit additional statements or other information, electronically or

otherwise, pursuant to Section 800, shall be sent by the peer review body to the

licentiate named in the report. The notice shall also advise the licentiate that

information submitted electronically will be publicly disclosed to those who

request the information.

The information to be reported in an 805 report shall include the name and

license number of the licentiate involved, a description of the facts and

circumstances of the medical disciplinary cause or reason, and any other

relevant information deemed appropriate by the reporter.

A supplemental report shall also be made within 30 days following the date

the licentiate is deemed to have satisfied any terms, conditions, or sanctions

imposed as disciplinary action by the reporting peer review body. In perform-

ing its dissemination functions required by Section 805.5, the agency shall

include a copy of a supplemental report, if any, whenever it furnishes a copy of

the original 805 report.

If another peer review body is required to file an 805 report, a health care

service plan is not required to file a separate report with respect to action

attributable to the same medical disciplinary cause or reason. If the Medical

Board of California or a licensing agency of another state revokes or suspends,

without a stay, the license of a physician and surgeon, a peer review body is not

required to file an 805 report when it takes an action as a result of the

revocation or suspension. If the California Board of Podiatric Medicine or a

licensing agency of another state revokes or suspends, without a stay, the

90

BOARD OF PSYCHOLOGY

Bus. & Prof. Code

license of a doctor of podiatric medicine, a peer review body is not required to

file an 805 report when it takes an action as a result of the revocation or

suspension.

(g) The reporting required by this section shall not act as a waiver of

confidentiality of medical records and committee reports. The information

reported or disclosed shall be kept confidential except as provided in subdivi-

sion (c) of Section 800 and Sections 803.1 and 2027, provided that a copy of the

report containing the information required by this section may be disclosed as

required by Section 805.5 with respect to reports received on or after January

1, 1976.

(h) The Medical Board of California, the California Board of Podiatric

Medicine, the Osteopathic Medical Board of California, and the Dental Board

of California shall disclose reports as required by Section 805.5.

(i) An 805 report shall be maintained electronically by an agency for

dissemination purposes for a period of three years after receipt.

(j) No person shall incur any civil or criminal liability as the result of

making any report required by this section.

(k) A willful failure to file an 805 report by any person who is designated or

otherwise required by law to file an 805 report is punishable by a fine not to

exceed one hundred thousand dollars ($100,000) per violation. The fine may be

imposed in any civil or administrative action or proceeding brought by or on

behalf of any agency having regulatory jurisdiction over the person regarding

whom the report was or should have been filed. If the person who is designated

or otherwise required to file an 805 report is a licensed physician and surgeon,

the action or proceeding shall be brought by the Medical Board of California.

If the person who is designated or otherwise required to file an 805 report is a

licensed doctor of podiatric medicine, the action or proceeding shall be brought

by the California Board of Podiatric Medicine. The fine shall be paid to that

agency but not expended until appropriated by the Legislature. A violation of

this subdivision may constitute unprofessional conduct by the licentiate. A

person who is alleged to have violated this subdivision may assert any defense

available at law. As used in this subdivision, "willful" means a voluntary and

intentional violation of a known legal duty.

(l) Except as otherwise provided in subdivision (k), any failure by the

administrator of any peer review body, the chief executive officer or adminis-

trator of any health care facility, or any person who is designated or otherwise

required by law to file an 805 report, shall be punishable by a fine that under

no circumstances shall exceed fifty thousand dollars ($50,000) per violation.

The fine may be imposed in any civil or administrative action or proceeding

brought by or on behalf of any agency having regulatory jurisdiction over the

person regarding whom the report was or should have been filed. If the person

who is designated or otherwise required to file an 805 report is a licensed

physician and surgeon, the action or proceeding shall be brought by the

Medical Board of California. If the person who is designated or otherwise

required to file an 805 report is a licensed doctor of podiatric medicine, the

91

BUSINESS & PROFESSIONS CODE

Bus. & Prof. Code

action or proceeding shall be brought by the California Board of Podiatric

Medicine. The fine shall be paid to that agency but not expended until

appropriated by the Legislature. The amount of the fine imposed, not exceed-

ing fifty thousand dollars ($50,000) per violation, shall be proportional to the

severity of the failure to report and shall differ based upon written findings,

including whether the failure to file caused harm to a patient or created a risk

to patient safety; whether the administrator of any peer review body, the chief

executive officer or administrator of any health care facility, or any person who

is designated or otherwise required by law to file an 805 report exercised due

diligence despite the failure to file or whether they knew or should have known

that an 805 report would not be filed; and whether there has been a prior

failure to file an 805 report. The amount of the fine imposed may also differ

based on whether a health care facility is a small or rural hospital as defined

in Section 124840 of the Health and Safety Code.

(m) Ahealth care service plan licensed under Chapter 2.2 (commencing with

Section 1340) of Division 2 of the Health and Safety Code or a disability insurer

that negotiates and enters into a contract with licentiates to provide services

at alternative rates of payment pursuant to Section 10133 of the Insurance

Code, when determining participation with the plan or insurer, shall evaluate,

on a case-by-case basis, licentiates who are the subject of an 805 report, and

not automatically exclude or deselect these licentiates.

HISTORY:

Added Stats 1987 ch 1044 § 3. Amended Stats 1988 ch 419 § 1; Stats 1989 ch 886 § 12 (ch 1070

prevails), ch 1070 § 1; Stats 1990 ch 196 § 1 (AB 1565), ch 1597 § 5 (SB 2375); Stats 1991 ch 359 §

7 (AB 1332); Stats 1993 ch 1267 § 8 (SB 916); Stats 1995 ch 279 § 1 (AB 1471); Stats 1997 ch 359 §

6 (AB 103); Stats 1999 ch 252 § 2 (AB 352); Stats 2001 ch 614 § 2 (SB 16); Stats 2002 ch 1012 § 3 (SB

2025), effective September 27, 2002; Stats 2006 ch 223 § 16 (SB 1438), effective January 1, 2007; Stats

2009 ch 307 § 2 (SB 821), effective January 1, 2010; Stats 2010 ch 505 § 3 (SB 700), effective January

1, 2011; Stats 2011 ch 381 § 9 (SB 146), effective January 1, 2012; Stats 2012 ch 332 § 9 (SB 1236),

effective January 1, 2013; Stats 2017 ch 775 § 11 (SB 798), effective January 1, 2018.

§ 805.5. Request for report prior to grant or renewal of staff privi-

leges; Penalties for violation

(a) Prior to granting or renewing staff privileges for any physician and

surgeon, psychologist, podiatrist, or dentist, any health facility licensed

pursuant to Division 2 (commencing with Section 1200) of the Health and

Safety Code, any health care service plan or medical care foundation, the

medical staff of the institution, a facility certified to participate in the federal

Medicare Program as an ambulatory surgical center, or an outpatient setting

accredited pursuant to Section 1248.1 of the Health and Safety Code shall

request a report from the Medical Board of California, the Board of Psychology,

the California Board of Podiatric Medicine, the Osteopathic Medical Board of

California, or the Dental Board of California to determine if any report has

been made pursuant to Section 805 indicating that the applying physician and

surgeon, psychologist, podiatrist, or dentist has been denied staff privileges,

been removed from a medical staff, or had his or her staff privileges restricted

92

BOARD OF PSYCHOLOGY

Bus. & Prof. Code

as provided in Section 805. The request shall include the name and California

license number of the physician and surgeon, psychologist, podiatrist, or

dentist. Furnishing of a copy of the 805 report shall not cause the 805 report

to be a public record.

(b) Upon a request made by, or on behalf of, an institution described in

subdivision (a) or its medical staff the board shall furnish a copy of any report

made pursuant to Section 805 as well as any additional exculpatory or

explanatory information submitted electronically to the board by the licensee

pursuant to subdivision (f) of that section. However, the board shall not send

a copy of a report (1) if the denial, removal, or restriction was imposed solely

because of the failure to complete medical records, (2) if the board has found

the information reported is without merit, (3) if a court finds, in a final

judgment, that the peer review, as defined in Section 805, resulting in the

report was conducted in bad faith and the licensee who is the subject of the

report notifies the board of that finding, or (4) if a period of three years has

elapsed since the report was submitted. This three-year period shall be tolled

during any period the licentiate has obtained a judicial order precluding

disclosure of the report, unless the board is finally and permanently precluded

by judicial order from disclosing the report. If a request is received by the board

while the board is subject to a judicial order limiting or precluding disclosure,

the board shall provide a disclosure to any qualified requesting party as soon

as practicable after the judicial order is no longer in force.

If the board fails to advise the institution within 30 working days following

its request for a report required by this section, the institution may grant or

renew staff privileges for the physician and surgeon, psychologist, podiatrist,

or dentist.

(c) Any institution described in subdivision (a) or its medical staff that

violates subdivision (a) is guilty of a misdemeanor and shall be punished by a

fine of not less than two hundred dollars ($200) nor more than one thousand

two hundred dollars ($1,200).

HISTORY:

Added Stats 1979 ch 602 § 2. Amended Stats 1983 ch 1092 § 4, effective September 27, 1983,

operative January 1, 1984; Stats 1987 ch 721 § 2; Stats 1989 ch 886 § 14; Stats 1991 ch 359 § 9 (AB

1332); Stats 1999 ch 655 § 3 (SB 1308); Stats 2001 ch 614 § 5 (SB 16); Stats 2010 ch 505 § 6 (SB 700),

effective January 1, 2011; Stats 2015 ch 287 § 1 (SB 396), effective January 1, 2016; Stats 2017 ch 775

§ 14 (SB 798), effective January 1, 2018.

§ 806. Statistical reports and recommendations to Legislature

Each agency in the department receiving reports pursuant to the preceding

sections shall prepare a statistical report based upon these records for

presentation to the Legislature not later than 30 days after the commencement

of each regular session of the Legislature, including by the type of peer review

body, and, where applicable, type of health care facility, the number of reports

received and a summary of administrative and disciplinary action taken with

respect to these reports and any recommendations for corrective legislation if

the agency considers legislation to be necessary.

93

BUSINESS & PROFESSIONS CODE

Bus. & Prof. Code

HISTORY:

Added Stats 2d Ex Sess 1975 ch 1 § 2.3. Amended Stats 2001 ch 614 § 8 (SB 16).

§ 808.5. Filing of reports

For purposes of this article, reports affecting psychologists required to be

filed under Sections 801, 801.1, 802, 803, 803.5, and 803.6 shall be filed with

the Board of Psychology of the Department of Consumer Affairs.

HISTORY:

Added Stats 1999 ch 655 § 4 (SB 1308).

ARTICLE 12

INSURANCE FRAUD

HISTORY: Added Stats 1978 ch 174 § 1, effective May 31, 1978.

§ 810. Grounds for disciplinary action against health care profes-

sional

(a) It shall constitute unprofessional conduct and grounds for disciplinary

action, including suspension or revocation of a license or certificate, for a

health care professional to do any of the following in connection with his or her

professional activities:

(1) Knowingly present or cause to be presented any false or fraudulent

claim for the payment of a loss under a contract of insurance.

(2) Knowingly prepare, make, or subscribe any writing, with intent to

present or use the same, or to allow it to be presented or used in support of

any false or fraudulent claim.

(b) It shall constitute cause for revocation or suspension of a license or

certificate for a health care professional to engage in any conduct prohibited

under Section 1871.4 of the Insurance Code or Section 549 or 550 of the Penal

Code.

(c)(1) It shall constitute cause for automatic suspension of a license or

certificate issued pursuant to Chapter 4 (commencing with Section 1600),

Chapter 5 (commencing with Section 2000), Chapter 6.6 (commencing with

Section 2900), Chapter 7 (commencing with Section 3000), or Chapter 9

(commencing with Section 4000), or pursuant to the Chiropractic Act or the

Osteopathic Act, if a licensee or certificate holder has been convicted of any

felony involving fraud committed by the licensee or certificate holder in

conjunction with providing benefits covered by worker's compensation in-

surance, or has been convicted of any felony involving Medi-Cal fraud

committed by the licensee or certificate holder in conjunction with the

Medi-Cal program, including the Denti-Cal element of the Medi-Cal pro-

gram, pursuant to Chapter 7 (commencing with Section 14000), or Chapter

8 (commencing with Section 14200), of Part 3 of Division 9 of theWelfare and

94

BOARD OF PSYCHOLOGY

Bus. & Prof. Code

Institutions Code. The board shall convene a disciplinary hearing to deter-

mine whether or not the license or certificate shall be suspended, revoked, or

some other disposition shall be considered, including, but not limited to,

revocation with the opportunity to petition for reinstatement, suspension, or

other limitations on the license or certificate as the board deems appropriate.

(2) It shall constitute cause for automatic suspension and for revocation of

a license or certificate issued pursuant to Chapter 4 (commencing with

Section 1600), Chapter 5 (commencing with Section 2000), Chapter 6.6

(commencing with Section 2900), Chapter 7 (commencing with Section

3000), or Chapter 9 (commencing with Section 4000), or pursuant to the

Chiropractic Act or the Osteopathic Act, if a licensee or certificate holder has

more than one conviction of any felony arising out of separate prosecutions

involving fraud committed by the licensee or certificate holder in conjunction

with providing benefits covered by worker's compensation insurance, or in

conjunction with the Medi-Cal program, including the Denti-Cal element of

the Medi-Cal program pursuant to Chapter 7 (commencing with Section

14000), or Chapter 8 (commencing with Section 14200), of Part 3 of Division

9 of the Welfare and Institutions Code. The board shall convene a disciplin-

ary hearing to revoke the license or certificate and an order of revocation

shall be issued unless the board finds mitigating circumstances to order

some other disposition.

(3) It is the intent of the Legislature that paragraph (2) apply to a licensee

or certificate holder who has one or more convictions prior to January 1,

2004, as provided in this subdivision.

(4) Nothing in this subdivision shall preclude a board from suspending or

revoking a license or certificate pursuant to any other provision of law.

(5) "Board," as used in this subdivision, means the Dental Board of

California, the Medical Board of California, the California Board of Podiatric

Medicine, the Board of Psychology, the State Board of Optometry, the

California State Board of Pharmacy, the Osteopathic Medical Board of

California, and the State Board of Chiropractic Examiners.

(6) "More than one conviction," as used in this subdivision, means that the

licensee or certificate holder has one or more convictions prior to January 1,

2004, and at least one conviction on or after that date, or the licensee or

certificate holder has two or more convictions on or after January 1, 2004.

However, a licensee or certificate holder who has one or more convictions

prior to January 1, 2004, but who has no convictions and is currently

licensed or holds a certificate after that date, does not have "more than one

conviction" for the purposes of this subdivision.

(d) As used in this section, health care professional means any person

licensed or certified pursuant to this division, or licensed pursuant to the

Osteopathic Initiative Act, or the Chiropractic Initiative Act.

HISTORY:

Added Stats 1978 ch 174 § 1, effective May 31, 1978. Amended Stats 1991 ch 116 § 1 (SB 1218);

Stats 1997 ch 758 § 2.6 (SB 1346); Stats 2003 ch 595 § 1 (SB 359), ch 659 § 1.5 (AB 747); Stats 2004

ch 333 § 1 (AB 2835); Stats 2017 ch 775 § 16 (SB 798), effective January 1, 2018.

95

BUSINESS & PROFESSIONS CODE

Bus. & Prof. Code

ARTICLE 12.5

MENTAL ILLNESS OR PHYSICAL ILLNESS

HISTORY: Added Stats 1982 ch 1183 § 1.

§ 820. Examination of licentiate for mental illness or physical ill-

ness affecting competency

Whenever it appears that any person holding a license, certificate or permit

under this division or under any initiative act referred to in this division may

be unable to practice his or her profession safely because the licentiate's ability

to practice is impaired due to mental illness, or physical illness affecting

competency, the licensing agency may order the licentiate to be examined by

one or more physicians and surgeons or psychologists designated by the

agency. The report of the examiners shall be made available to the licentiate

and may be received as direct evidence in proceedings conducted pursuant to

Section 822.

HISTORY:

Added Stats 1982 ch 1183 § 1. Amended Stats 1989 ch 1104 § 1.7.

§ 821. Effect of licentiate's failure to comply with order for exami-

nation

The licentiate's failure to comply with an order issued under Section 820

shall constitute grounds for the suspension or revocation of the licentiate's

certificate or license.

HISTORY:

Added Stats 1982 ch 1183 § 1.

§ 822. Action by licensing agency

If a licensing agency determines that its licentiate's ability to practice his or

her profession safely is impaired because the licentiate is mentally ill, or

physically ill affecting competency, the licensing agency may take action by

any one of the following methods:

(a) Revoking the licentiate's certificate or license.

(b) Suspending the licentiate's right to practice.

(c) Placing the licentiate on probation.

(d) Taking such other action in relation to the licentiate as the licensing

agency in its discretion deems proper.

The licensing agency shall not reinstate a revoked or suspended certificate

or license until it has received competent evidence of the absence or control

of the condition which caused its action and until it is satisfied that with due

regard for the public health and safety the person's right to practice his or

her profession may be safely reinstated.

96

BOARD OF PSYCHOLOGY

Bus. & Prof. Code

HISTORY:

Added Stats 1982 ch 1183 § 1.

§ 823. Reinstatement of licentiate

Notwithstanding any other provisions of law, reinstatement of a licentiate

against whom action has been taken pursuant to Section 822 shall be governed

by the procedures in this article. In reinstating a certificate or license which

has been revoked or suspended under Section 822, the licensing agency may

impose terms and conditions to be complied with by the licentiate after the

certificate or license has been reinstated. The authority of the licensing agency

to impose terms and conditions includes, but is not limited to, the following:

(a) Requiring the licentiate to obtain additional professional training and

to pass an examination upon the completion of the training.

(b) Requiring the licentiate to pass an oral, written, practical, or clinical

examination, or any combination thereof to determine his or her present

fitness to engage in the practice of his or her profession.

(c) Requiring the licentiate to submit to a complete diagnostic examina-

tion by one or more physicians and surgeons or psychologists appointed by

the licensing agency. If the licensing agency requires the licentiate to submit

to such an examination, the licensing agency shall receive and consider any

other report of a complete diagnostic examination given by one or more

physicians and surgeons or psychologists of the licentiate's choice.

(d) Requiring the licentiate to undergo continuing treatment.

(e) Restricting or limiting the extent, scope or type of practice of the

licentiate.

HISTORY:

Added Stats 1982 ch 1183 § 1.

§ 824. Options open to licensing agency when proceeding against

licentiate

The licensing agency may proceed against a licentiate under either Section

820, or 822, or under both sections.

HISTORY:

Added Stats 1982 ch 1183 § 1.

§ 826. Format of proceedings under Sections 821 and 822; Rights

and powers

The proceedings under Sections 821 and 822 shall be conducted in accor-

dance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3

of Title 2 of the Government Code, and the licensing agency and the licentiate

shall have all the rights and powers granted therein.

HISTORY:

Added Stats 1982 ch 1183 § 1.

97

BUSINESS & PROFESSIONS CODE

Bus. & Prof. Code

§ 827. Authority of licensing agency to convene in closed session

Notwithstanding the provisions of Article 9 (commencing with Section

11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code,

relating to public meetings, the licensing agency may convene in closed session

to consider any evidence relating to the licentiate's mental or physical illness

obtained pursuant to the proceedings under Section 820. The licensing agency

shall only convene in closed session to the extent that it is necessary to protect

the privacy of a licentiate.

HISTORY:

Added Stats 1982 ch 1183 § 1.

§ 828. Determination of insufficient evidence to bring action against

licentiate; Effect on records of proceedings

If the licensing agency determines, pursuant to proceedings conducted under

Section 820, that there is insufficient evidence to bring an action against the

licentiate pursuant to Section 822, then all licensing agency records of the

proceedings, including the order for the examination, investigative reports, if

any, and the report of the physicians and surgeons or psychologists, shall be

kept confidential and are not subject to discovery or subpoena. If no further

proceedings are conducted to determine the licentiates fitness to practice

during a period of five years from the date of the determination by the licensing

agency of the proceeding pursuant to Section 820, then the licensing agency

shall purge and destroy all records pertaining to the proceedings. If new

proceedings are instituted during the five-year period against the licentiate by

the licensing agency, the records, including the report of the physicians and

surgeons or psychologists, may be used in the proceedings and shall be

available to the respondent pursuant to the provisions of Section 11507.6 of the

Government Code.

HISTORY:

Added Stats 1982 ch 1183 § 1.

ARTICLE 15

SEXUAL ORIENTATION CHANGE EFFORTS

HISTORY: Added Stats 2012 ch 835 § 2 (SB 1172), effective January 1, 2013.

§ 865. Definitions

For the purposes of this article, the following terms shall have the following

meanings:

(a) "Mental health provider" means a physician and surgeon specializing

in the practice of psychiatry, a psychologist, a psychological assistant, intern,

or trainee, a licensed marriage and family therapist, a registered associate

marriage and family therapist, a marriage and family therapist trainee, a

98

BOARD OF PSYCHOLOGY

Bus. & Prof. Code

licensed educational psychologist, a credentialed school psychologist, a

licensed clinical social worker, an associate clinical social worker, a licensed

professional clinical counselor, a registered associate clinical counselor, a

professional clinical counselor trainee, or any other person designated as a

mental health professional under California law or regulation.

(b)(1) "Sexual orientation change efforts" means any practices by mental

health providers that seek to change an individual's sexual orientation.

This includes efforts to change behaviors or gender expressions, or to

eliminate or reduce sexual or romantic attractions or feelings toward

individuals of the same sex.

(2) "Sexual orientation change efforts" does not include psychotherapies

that: (A) provide acceptance, support, and understanding of clients or the

facilitation of clients' coping, social support, and identity exploration and

development, including sexual orientation-neutral interventions to pre-

vent or address unlawful conduct or unsafe sexual practices; and (B) do not

seek to change sexual orientation.

HISTORY:

Added Stats 2012 ch 835 § 2 (SB 1172), effective January 1, 2013. Amended Stats 2018 ch 703 § 3

(SB 1491), effective January 1, 2019.

§ 865.1. Prohibited sexual orientation change efforts with patient

under specified age

Under no circumstances shall a mental health provider engage in sexual

orientation change efforts with a patient under 18 years of age.

HISTORY:

Added Stats 2012 ch 835 § 2 (SB 1172), effective January 1, 2013.

§ 865.2. Unprofessional conduct

Any sexual orientation change efforts attempted on a patient under 18 years

of age by a mental health provider shall be considered unprofessional conduct

and shall subject a mental health provider to discipline by the licensing entity

for that mental health provider.

HISTORY:

Added Stats 2012 ch 835 § 2 (SB 1172), effective January 1, 2013.

CHAPTER 1.5

EXEMPTION FROM LICENSURE

HISTORY: Added Stats 1989 ch 97 § 2, effective July 7, 1989. Former Chapter 1.5, entitled

"Continuing Education", consisting of §§ 900-905, was added Stats 1971 ch 1516 § 1 and repealed

Stats 1974 ch 923 § 1.

§ 900. Requirements for exemption; Immunity from liability

(a) Nothing in this division applies to a health care practitioner licensed in

99

BUSINESS & PROFESSIONS CODE

Bus. & Prof. Code

another state or territory of the United States who offers or provides health

care for which he or she is licensed, if the health care is provided only during

a state of emergency as defined in subdivision (b) of Section 8558 of the

Government Code, which emergency overwhelms the response capabilities of

California health care practitioners and only upon the request of the Director

of the Emergency Medical Services Authority.

(b) The director shall be the medical control and shall designate the

licensure and specialty health care practitioners required for the specific

emergency and shall designate the areas to which they may be deployed.

(c) Health care practitioners shall provide, upon request, a valid copy of a

professional license and a photograph identification issued by the state in

which the practitioner holds licensure before being deployed by the director.

(d) Health care practitioners deployed pursuant to this chapter shall pro-

vide the appropriate California licensing authority with verification of licen-

sure upon request.

(e) Health care practitioners providing health care pursuant to this chapter

shall have immunity from liability for services rendered as specified in Section

8659 of the Government Code.

(f) For the purposes of this section, "health care practitioner" means any

person who engages in acts which are the subject of licensure or regulation

under this division or under any initiative act referred to in this division.

(g) For purposes of this section, "director" means the Director of the

Emergency Medical Services Authority who shall have the powers specified in

Division 2.5 (commencing with Section 1797) of the Health and Safety Code.

HISTORY:

Added Stats 1989 ch 97 § 2, effective July 7, 1989. Amended Stats 2010 ch 270 § 1 (AB 2699),

effective January 1, 2011.

§ 901. Exemption from licensure requirements for services provided

under enumerated circumstances; Prior authorization; Steps neces-

sary for sponsoring entity; Report; List of health care practitioners

providing health care services under this section; Compliance [Re-

pealed]

HISTORY:

Added Stats 2010 ch 270 § 2 (AB 2699), effective January 1, 2011, repealed January 1, 2014.

Amended Stats 2011 ch 296 § 3 (AB 1023), effective January 1, 2012, repealed January 1, 2014; Stats

2013 ch 111 § 1 (AB 512), effective January 1, 2014. Repealed January 1, 2018, by its own terms. The

repealed section related to requirements for exemption from licensure for health care practitioner

licensed or certified in good standing in another state, district, or territory of the United States

providing health care services under enumerated circumstances.

100

BOARD OF PSYCHOLOGY

Bus. & Prof. Code

CHAPTER 5

MEDICINE

HISTORY: Added Stats 1980 ch 1313 § 2. Former Chapter 5, also entitled "Medicine", consisting

of §§ 2000-2528.3, was added Stats 1937 ch 414 and repealed Stats 1980 chs 1313, 1314.

ARTICLE 12

ENFORCEMENT

§ 2290.5. Telehealth; Patient consent; Hospital privileges and ap-

proval of credentials for providers of telehealth services

(a) For purposes of this division, the following definitions shall apply:

(1) "Asynchronous store and forward" means the transmission of a pa-

tient's medical information from an originating site to the health care

provider at a distant site without the presence of the patient.

(2) "Distant site" means a site where a health care provider who provides

health care services is located while providing these services via a telecom-

munications system.

(3) "Health care provider" means either of the following:

(A) A person who is licensed under this division.

(B) An associate marriage and family therapist or marriage and family

therapist trainee functioning pursuant to Section 4980.43.3.

(4) "Originating site" means a site where a patient is located at the time

health care services are provided via a telecommunications system or where

the asynchronous store and forward service originates.

(5) "Synchronous interaction" means a real-time interaction between a

patient and a health care provider located at a distant site.

(6) "Telehealth" means the mode of delivering health care services and

public health via information and communication technologies to facilitate

the diagnosis, consultation, treatment, education, care management, and

self-management of a patient's health care while the patient is at the

originating site and the health care provider is at a distant site. Telehealth

facilitates patient self-management and caregiver support for patients and

includes synchronous interactions and asynchronous store and forward

transfers.

(b) Prior to the delivery of health care via telehealth, the health care

provider initiating the use of telehealth shall inform the patient about the use

of telehealth and obtain verbal or written consent from the patient for the use

of telehealth as an acceptable mode of delivering health care services and

public health. The consent shall be documented.

(c) Nothing in this section shall preclude a patient from receiving in-person

health care delivery services during a specified course of health care and

treatment after agreeing to receive services via telehealth.

101

BUSINESS & PROFESSIONS CODE

Bus. & Prof. Code

(d) The failure of a health care provider to comply with this section shall

constitute unprofessional conduct. Section 2314 shall not apply to this section.

(e) This section shall not be construed to alter the scope of practice of any

health care provider or authorize the delivery of health care services in a

setting, or in a manner, not otherwise authorized by law.

(f) All laws regarding the confidentiality of health care information and a

patient's rights to his or her medical information shall apply to telehealth

interactions.

(g) This section shall not apply to a patient under the jurisdiction of the

Department of Corrections and Rehabilitation or any other correctional

facility.

(h)(1) Notwithstanding any other provision of law and for purposes of this

section, the governing body of the hospital whose patients are receiving the

telehealth services may grant privileges to, and verify and approve creden-

tials for, providers of telehealth services based on its medical staff recom-

mendations that rely on information provided by the distant-site hospital or

telehealth entity, as described in Sections 482.12, 482.22, and 485.616 of

Title 42 of the Code of Federal Regulations.

(2) By enacting this subdivision, it is the intent of the Legislature to

authorize a hospital to grant privileges to, and verify and approve creden-

tials for, providers of telehealth services as described in paragraph (1).

(3) For the purposes of this subdivision, "telehealth" shall include "tele-

medicine" as the term is referenced in Sections 482.12, 482.22, and 485.616

of Title 42 of the Code of Federal Regulations.

HISTORY:

Added Stats 2011 ch 547 § 4 (AB 415), effective January 1, 2012. Amended Stats 2014 ch 404 § 1

(AB 809), effective September 18, 2014; Stats 2015 ch 50 § 1 (AB 250), effective January 1, 2016; Stats

2018 ch 743 § 2.5 (AB 93), effective January 1, 2019; Stats 2018 ch 703 § 21 (SB 1491), effective

January 1, 2019 (ch 743 prevails).

CHAPTER 6.6

PSYCHOLOGISTS

HISTORY: Added Stats 1967 ch 1677 § 2. Former Chapter 6, also entitled "Pschologists"

consisting of §§ 2900-2984, was added Stats 1957 ch 2320 § 1 and repealed Stats 1967 ch 1677

§ 1.

ARTICLE 1

GENERAL PROVISIONS

§ 2900. Legislative findings

The Legislature finds and declares that practice of psychology in California

affects the public health, safety, and welfare and is to be subject to regulation

102

BOARD OF PSYCHOLOGY

Bus. & Prof. Code

and control in the public interest to protect the public from the unauthorized

and unqualified practice of psychology and from unprofessional conduct by

persons licensed to practice psychology.

HISTORY:

Added Stats 1967 ch 1677 § 2.

§ 2901. Citation

This chapter shall be known and may be cited as the "Psychology Licensing

Law."

HISTORY:

Added Stats 1967 ch 1677 § 2.

§ 2902. Definitions

As used in this chapter, unless the context clearly requires otherwise and

except as in this chapter expressly otherwise provided the following definitions

apply:

(a) "Licensed psychologist" means an individual to whom a license has

been issued pursuant to the provisions of this chapter, which license is in

force and has not been suspended or revoked.

(b) "Board" means the Board of Psychology.

(c) A person represents himself or herself to be a psychologist when the

person holds himself or herself out to the public by any title or description of

services incorporating the words "psychology," "psychological," "psycholo-

gist," "psychology consultation," "psychology consultant," "psychometry,"

"psychometrics" or "psychometrist," "psychotherapy," "psychotherapist,"

"psychoanalysis," or "psychoanalyst," or when the person holds himself or

herself out to be trained, experienced, or an expert in the field of psychology.

(d) "Accredited," as used with reference to academic institutions, means

the University of California, the California State University, or an institu-

tion that is accredited by a national or an applicable regional accrediting

agency recognized by the United States Department of Education.

(e) "Approved," as used with reference to academic institutions, means an

institution having "approval to operate", as defined in Section 94718 of the

Education Code.

HISTORY:

Added Stats 1995 ch 708 § 12 (SB 609), operative January 1, 1997. Amended Stats 1997 ch 758 §

34 (SB 1346); Stats 2004 ch 695 § 19 (SB 1913).

§ 2903. Licensure requirement; Practice of psychology; Psycho-

therapy

(a) No person may engage in the practice of psychology, or represent himself

or herself to be a psychologist, without a license granted under this chapter,

except as otherwise provided in this chapter. The practice of psychology is

defined as rendering or offering to render to individuals, groups, organizations,

103

BUSINESS & PROFESSIONS CODE

Bus. & Prof. Code

or the public any psychological service involving the application of psychologi-

cal principles, methods, and procedures of understanding, predicting, and

influencing behavior, such as the principles pertaining to learning, perception,

motivation, emotions, and interpersonal relationships; and the methods and

procedures of interviewing, counseling, psychotherapy, behavior modification,

and hypnosis; and of constructing, administering, and interpreting tests of

mental abilities, aptitudes, interests, attitudes, personality characteristics,

emotions, and motivations.

(b) The application of these principles and methods includes, but is not

restricted to: assessment, diagnosis, prevention, treatment, and intervention

to increase effective functioning of individuals, groups, and organizations.

(c) Psychotherapy within the meaning of this chapter means the use of

psychological methods in a professional relationship to assist a person or

persons to acquire greater human effectiveness or to modify feelings, condi-

tions, attitudes, and behaviors that are emotionally, intellectually, or socially

ineffectual or maladaptive.

HISTORY:

Added Stats 1967 ch 1677 § 2. Amended Stats 1973 ch 658 § 1; Stats 1978 ch 1208 § 2; Stats 2001

ch 728 § 24.2 (SB 724); Stats 2015 ch 529 § 1 (AB 1374), effective January 1, 2016.

§ 2903.1. Biofeedback instruments

A psychologist licensed under this chapter may use biofeedback instruments

which do not pierce or cut the skin to measure physical and mental function-

ing.

HISTORY:

Added Stats 1976 ch 734 § 1.

§ 2904. Excluded services

The practice of psychology shall not include prescribing drugs, performing

surgery or administering electroconvulsive therapy.

HISTORY:

Added Stats 1967 ch 1677 § 2.

§ 2904.5. Applicability of telemedicine provisions of § 2290.5

A psychologist licensed under this chapter is a licentiate for purposes of

paragraph (2) of subdivision (a) of Section 805, and thus is a health care

provider subject to the provisions of Section 2290.5.

HISTORY:

Added Stats 2003 ch 20 § 3 (AB 116). Amended Stats 2012 ch 799 § 17 (SB 1575), effective January

1, 2013.

§ 2905. Construction of other definitional statutes

The practice of psychology shall be defined as in Section 2903, any existing

statute in the State of California to the contrary notwithstanding.

104

BOARD OF PSYCHOLOGY

Bus. & Prof. Code

HISTORY:

Added Stats 1967 ch 1677 § 2.

§ 2907. Rights of corporations

Corporations shall have no professional rights, privileges, or powers, and

shall not be permitted to practice psychology, nor shall the liability of any

licensed psychologist be limited by a corporation.

HISTORY:

Added Stats 1967 ch 1677 § 2.

§ 2907.5. Right of psychological corporation to practice

Nothing in Section 2907 shall be deemed to apply to the acts of a psycho-

logical corporation practicing pursuant to the Moscone-Knox Professional

Corporation Act, as contained in Part 4 (commencing with Section 13400) of

Division 3 of Title 1 of the Corporations Code and Article 9 (commencing with

Section 2995) when the psychological corporation is in compliance with (a)the

Moscone-Knox Professional Corporation Act; (b)Article 9 (commencing with

Section 2995); and (c)all other statutes now or hereafter enacted or adopted

pertaining to such corporation and the conduct of its affairs.

HISTORY:

Added Stats 1969 ch 1436 § 2. Amended Stats 1973 ch 77 § 4; Stats 1980 ch 1314 § 11.

§ 2908. Exemption of other professions

Nothing in this chapter shall be construed to prevent qualified members of

other recognized professional groups licensed to practice in the State of

California, such as, but not limited to, physicians, clinical social workers,

educational psychologists, marriage and family therapists, licensed profes-

sional clinical counselors, optometrists, psychiatric technicians, or registered

nurses, or attorneys admitted to the State Bar of California, or persons

utilizing hypnotic techniques by referral from persons licensed to practice

medicine, dentistry, or psychology, or persons utilizing hypnotic techniques

which offer avocational or vocational self-improvement and do not offer

therapy for emotional or mental disorders, or duly ordained members of the

recognized clergy, or duly ordained religious practitioners from doing work of

a psychological nature consistent with the laws governing their respective

professions, provided they do not hold themselves out to the public by any title

or description of services incorporating the words "psychological," "psycholo-

gist," "psychology," "psychometrist," "psychometrics," or "psychometry," or that

they do not state or imply that they are licensed to practice psychology; except

that persons licensed under Chapter 13.5 (commencing with Section 4989.10)

of Division 2 may hold themselves out to the public as licensed educational

psychologists.

HISTORY:

Added Stats 1967 ch 1677 § 2. Amended Stats 1973 ch 758 § 3; Stats 1978 ch 1208 § 4; Stats 1980

105

BUSINESS & PROFESSIONS CODE

Bus. & Prof. Code

ch 324 § 1; Stats 1983 ch 928 § 2; Stats 2002 ch 1013 § 10 (SB 2026); Stats 2018 ch 389 § 1 (AB 2296),

effective January 1, 2019.

§ 2909. Applicability of chapter to credentialed school psycholo-

gists, and psychologists and psychological assistants employed by

colleges, universities, or governmental organizations

This chapter shall not be construed as restricting or preventing activities of

a psychological nature or the use of the official title of the position for which

they were employed on the part of the following persons, provided those

persons are performing those activities as part of the duties for which they

were employed, are performing those activities solely within the confines of or

under the jurisdiction of the organization in which they are employed, and do

not render or offer to render psychological services, as defined in Section 2903:

(a) Persons who hold a valid and current credential as a school psycholo-

gist issued by the Commission on Teacher Credentialing.

(b) Persons who are employed in positions as psychologists or psychologi-

cal assistants by accredited or approved colleges, junior colleges,or univer-

sities, or by federal, state, county, or municipal governmental organizations

that are not primarily involved in the provision of direct health or mental

health services, may conduct research and disseminate their research

findings and scientific information.

HISTORY:

Added Stats 1981 ch 412 § 2, effective September 11, 1981, operative January 1, 1984. Amended

Stats 1989 ch 888 § 2; Stats 1990 ch 1207 § 3 (AB 3242); Stats 2005 ch 658 § 2 (SB 229), effective

January 1, 2006; Stats 2015 ch 218 § 1 (AB 705), effective January 1, 2016.

§ 2909.5. Applicability of chapter to registered psychologists em-

ployed by nonprofit community agencies supported by governmen-

tal organizations

This chapter shall not be construed as restricting or preventing activities of

a psychological nature or the use of the official title of the position for which

persons were employed on the part of persons who meet the educational

requirements of subdivision (b) of Section 2914 and who have one year or more

of the supervised professional experience referenced in subdivision (c) of

Section 2914, if they are employed by nonprofit community agencies that

receive a minimum of 25 percent of their financial support from any federal,

state, county, or municipal governmental organizations for the purpose of

training and providing services, provided those persons are performing those

activities as part of the duties for which they were employed, are performing

those activities solely within the confines of or under the jurisdiction of the

organization in which they are employed and do not render or offer to render

psychological services to the public, as defined in Section 2903. Those persons

shall be registered by the agency with the board at the time of employment and

shall be identified in the setting as a "registered psychologist." Those persons

shall be exempt from this chapter for a maximum period of 30 months from the

date of registration.

106

BOARD OF PSYCHOLOGY

Bus. & Prof. Code

HISTORY:

Added Stats 2015 ch 218 § 2 (AB 705), effective January 1, 2016. Amended Stats 2016 ch 484 § 1

(SB 1193), effective January 1, 2017.

§ 2910. Applicability of chapter to practice of psychology by certain

salaried employees of academic institutions, public schools, or gov-

ernmental agencies

(a) This chapter shall not be construed to restrict the practice of psychology

on the part of persons who are salaried employees of accredited or approved

academic institutions, public schools, or governmental agencies, if those

employees are complying with the following:

(1) Performing those psychological activities as part of the duties for

which they were hired.

(2) Performing those activities solely within the jurisdiction or confines of

those organizations.

(3) Do not hold themselves out to the public by any title or description of

activities incorporating the words "psychology," "psychological," or "psycholo-

gist."

(4) Are primarily gaining the supervised professional experience required

for licensure that is being accrued consistent with the board's regulations

and the employees have as the primary supervisor a psychologist licensed in

the state.

(b) Commencing January 1, 2016, an individual employed or who becomes

employed by one or more employers as described in subdivision (a) shall be

exempt under this section for a cumulative total of five years.

HISTORY:

Added Stats 1967 ch 1677 § 2. Amended Stats 1979 ch 996 § 3; Stats 2015 ch 218 § 3 (AB 705),

effective January 1, 2016.

§ 2911. Applicability of chapter to students and interns

Nothing in this chapter shall be construed as restricting the activities and

services of a graduate student or psychological intern in psychology pursuing

a course of study leading to a graduate degree in psychology at an accredited

or approved college or university and working in a training program, or a

postdoctoral trainee working in a postdoctoral placement overseen by the

American Psychological Association (APA), the Association of Psychology

Postdoctoral and Internship Centers (APPIC), or the California Psychology

Internship Council (CAPIC), provided that these activities and services con-

stitute a part of his or her supervised course of study and that those persons

are designated by the title "psychological intern," "psychological trainee,"

"postdoctoral intern," or another title clearly indicating the training status

appropriate to his or her level of training. The aforementioned terms shall be

reserved for persons enrolled in the doctoral program leading to one of the

degrees listed in subdivision (b) of Section 2914 at an accredited or approved

college or university or in a formal postdoctoral internship overseen by APA,

APPIC, or CAPIC.

107

BUSINESS & PROFESSIONS CODE

Bus. & Prof. Code

HISTORY:

Added Stats 1967 ch 1677 § 2. Amended Stats 2005 ch 658 § 3 (SB 229), effective January 1, 2006.

§ 2912. Temporary practice by licensees of other state or foreign

country

Nothing in this chapter shall be construed to restrict or prevent a person

who is licensed as a psychologist at the doctoral level in another state or

territory of the United States or in Canada from offering psychological services

in this state for a period not to exceed 30 days in any calendar year.

HISTORY:

Added Stats 1973 ch 757 § 2. Amended Stats 1978 ch 1161 § 196; Stats 2005 ch 658 § 4 (SB 229),

effective January 1, 2006.

§ 2913. Services by psychological assistants

A person other than a licensed psychologist may perform psychological

functions in preparation for licensure as a psychologist only if all of the

following conditions are met:

(a) The person shall register himself or herself with the board as a

"psychological assistant." This registration shall be renewed annually in

accordance with regulations adopted by the board.

(b) The person (1) has completed a master's degree in psychology or

education with the field of specialization in psychology or counseling

psychology, or (2) has been admitted to candidacy for a doctoral degree in

psychology or education with the field of specialization in psychology or

counseling psychology, after having satisfactorily completed three or more

years of postgraduate education in psychology and having passed prelimi-

nary doctoral examinations, or (3) has completed a doctoral degree that

qualifies for licensure under Section 2914.

(c)(1) The psychological assistant is at all times under the immediate

supervision, as defined in regulations adopted by the board, of a licensed

psychologist, or a licensed physician and surgeon who is certified in

psychiatry by the American Board of Psychiatry and Neurology or the

American College of Osteopathic Board of Neurology and Psychiatry, who

shall be responsible for insuring that the extent, kind, and quality of the

psychological services that the psychological assistant performs are con-

sistent with his or her training and experience and be responsible for the

psychological assistant's compliance with this chapter and regulations.

(2) A licensed psychologist or board certified psychiatrist shall not

supervise more than three psychological assistants at any given time. No

psychological assistant may provide psychological services to the public

except as a supervisee pursuant to this section.

(d) The psychological assistant shall comply with regulations that the

board may, from time to time, duly adopt relating to the fulfillment of

requirements in continuing education.

108

BOARD OF PSYCHOLOGY

Bus. & Prof. Code

HISTORY:

Added Stats 1967 ch 1677 § 2. Amended Stats 1970 ch 470 § 1, effective July 21, 1970; Stats 1973

ch 949 § 1; Stats 1978 ch 1208 § 5; Stats 1980 ch 1314 § 12, ch 1315 § 1; Stats 1981 ch 714 § 8; Stats

1982 ch 462 § 1, ch 1172 § 1; Stats 1983 ch 207 § 1, effective July 13, 1983; Stats 1989 ch 888 § 3; Stats

2015 ch 529 § 2 (AB 1374), effective January 1, 2016; Stats 2016 ch 484 § 2 (SB 1193), effective

January 1, 2017.

§ 2914. Applicant's requirements

Each applicant for licensure shall comply with all of the following require-

ments:

(a) Is not subject to denial of licensure under Division 1.5 (commencing

with Section 475).

(b) Possess an earned doctorate degree (1) in psychology, (2) in educational

psychology, or (3) in education with the field of specialization in counseling

psychology or educational psychology. Except as provided in subdivision (h),

this degree or training shall be obtained from an accredited university,

college, or professional school. The board shall make the final determination

as to whether a degree meets the requirements of this section.

(c)(1) On or after January 1, 2020, possess an earned doctorate degree in

psychology, in educational psychology, or in education with the field of

specialization in counseling psychology or educational psychology from a

college or institution of higher education that is accredited by a regional

accrediting agency recognized by the United States Department of Edu-

cation. Until January 1, 2020, the board may accept an applicant who

possesses a doctorate degree in psychology, educational psychology, or in

education with the field of specialization in counseling psychology or

educational psychology from an institution that is not accredited by an

accred- iting agency recognized by the United States Department of

Education, but is approved to operate in this state by the Bureau for

Private Postsecondary Education.

(2) Paragraph (1) does not apply to any student who was enrolled in a

doctoral program in psychology, educational psychology, or in education

with the field of specialization in counseling psychology or educational

psychology at a nationally accredited or approved institution as of Decem-

ber 31, 2016.

(3) No educational institution shall be denied recognition as an accred-

ited academic institution solely because its program is not accredited by

any professional organization of psychologists, and nothing in this chapter

or in the administration of this chapter shall require the registration with

the board by educational institutions of their departments of psychology or

their doctoral programs in psychology.

(4) An applicant for licensure trained in an educational institution

outside the United States or Canada shall demonstrate to the satisfaction

of the board that he or she possesses a doctorate degree in psychology that

is equivalent to a degree earned from a regionally accredited university in

the United States or Canada. These applicants shall provide the board

109

BUSINESS & PROFESSIONS CODE

Bus. & Prof. Code

with a comprehensive evaluation of the degree performed by a foreign

credential evaluation service that is a member of the National Association

of Credential Evaluation Services (NACES), and any other documentation

the board deems necessary.

(d)(1) Have engaged for at least two years in supervised professional

experience under the direction of a licensed psychologist, the specific

requirements of which shall be defined by the board in its regulations, or

under suitable alternative supervision as determined by the board in

regulations duly adopted under this chapter, at least one year of which

shall be after being awarded the doctorate in psychology. The supervisor

shall submit verification of the experience required by this subdivision to

the trainee in a manner prescribed by the board. If the supervising

licensed psychologist fails to provide verification to the trainee in a timely

manner, the board may establish alternative procedures for obtaining the

necessary documentation. Absent good cause, the failure of a supervising

licensed psychologist to provide the verification to the board upon request

shall constitute unprofessional conduct.

(2) The board shall establish qualifications by regulation for supervis-

ing psychologists.

(e) Take and pass the examination required by Section 2941 unless

otherwise exempted by the board under this chapter.

(f) Show by evidence satisfactory to the board that he or she has

completed training in the detection and treatment of alcohol and other

chemical substance dependency. This requirement applies only to applicants

who matriculate on or after September 1, 1985.

(g)(1) Show by evidence satisfactory to the board that he or she has

completed coursework in spousal or partner abuse assessment, detection,

and intervention. This requirement applies to applicants who began

graduate training during the period commencing on January 1, 1995, and

ending on December 31, 2003.

(2) An applicant who began graduate training on or after January 1,

2004, shall show by evidence satisfactory to the board that he or she has

completed a minimum of 15 contact hours of coursework in spousal or

partner abuse assessment, detection, and intervention strategies, includ-

ing knowledge of community resources, cultural factors, and same gender

abuse dynamics. An applicant may request an exemption from this

requirement if he or she intends to practice in an area that does not

include the direct provision of mental health services.

(3) Coursework required under this subdivision may be satisfactory if

taken either in fulfillment of other educational requirements for licensure

or in a separate course. This requirement for coursework shall be satisfied

by, and the board shall accept in satisfaction of the requirement, a

certification from the chief academic officer of the educational institution

from which the applicant graduated that the required coursework is

included within the institution's required curriculum for graduation.

110

BOARD OF PSYCHOLOGY

Bus. & Prof. Code

(h) Until January 1, 2020, an applicant holding a doctoral degree in

psychology from an approved institution is deemed to meet the requirements

of this section if both of the following are true:

(1) The approved institution offered a doctoral degree in psychology

designed to prepare students for a license to practice psychology and was

approved by the former Bureau for Private Postsecondary and Vocational

Education on or before July 1, 1999.

(2) The approved institution has not, since July 1, 1999, had a new

location, as described in Section 94823.5 of the Education Code.

HISTORY:

Added Stats 2000 ch 625 § 2 (AB 400). Amended Stats 2001 ch 728 § 24.4 (SB 724); Stats 2002 ch

481 § 1 (SB 564); Stats 2005 ch 658 § 5 (SB 229), effective January 1, 2006; Stats 2015 ch 529 § 3 (AB

1374), effective January 1, 2016; Stats 2016 ch 484 § 3 (SB 1193), effective January 1, 2017.

§ 2914.1. Recommended courses in geriatric pharmacology

The board shall encourage every licensed psychologist to take continuing

professional development in geriatric pharmacology.

HISTORY:

Added Stats 1990 ch 1539 § 3 (SB 2827). Amended Stats 2016 ch 484 § 4 (SB 1193), effective

January 1, 2017.

§ 2914.2. Psychopharmacology and biological basis of behavior

courses

The board shall encourage licensed psychologists to take continuing profes-

sional development in psychopharmacology and biological basis of behavior.

HISTORY:

Added Stats 1998 ch 822 § 1 (SB 983). Amended Stats 2016 ch 484 § 5 (SB 1193), effective January

1, 2017.

§ 2914.3. Guidelines for training

(a) The board shall encourage institutions that offer a doctorate degree

program in psychology to include in their biobehavioral curriculum, education

and training in psychopharmacology and related topics including pharmacol-

ogy and clinical pharmacology.

(b) The board shall develop guidelines for the basic education and training

of psychologists whose practices include patients with medical conditions and

patients with mental and emotional disorders, who may require psychophar-

macological treatment and whose management may require collaboration with

physicians and other licensed prescribers. In developing these guidelines for

training, the board shall consider, but not be limited to, all of the following:

(1) The American Psychological Association's guidelines for training in the

biological bases of mental and emotional disorders.

(2) The necessary educational foundation for understanding the biochemi-

cal and physiological bases for mental disorders.

111

BUSINESS & PROFESSIONS CODE

Bus. & Prof. Code

(3) Evaluation of the response to psychotropic compounds, including the

effects and side effects.

(4) Competent basic practical and theoretical knowledge of neuro-

anatomy, neurochemistry, and neurophysiology relevant to research and

clinical practice.

(5) Knowledge of the biological bases of psychopharmacology.

(6) The locus of action of psychoactive substances and mechanisms by

which these substances affect brain function and other systems of the body.

(7) Knowledge of the psychopharmacology of classes of drugs commonly

used to treat mental disorders.

(8) Drugs that are commonly abused that may or may not have therapeu-

tic uses.

(9) Education of patients and significant support persons in the risks,

benefits, and treatment alternatives to medication.

(10) Appropriate collaboration or consultation with physicians or other

prescribers to include the assessment of the need for additional treatment

that may include medication or other medical evaluation and treatment and

the patient's mental capacity to consent to additional treatment to enhance

both the physical and the mental status of the persons being treated.

(11) Knowledge of signs that warrant consideration for referral to a

physician.

(c) This section is intended to provide for training of clinical psychologists to

improve the ability of clinical psychologists to collaborate with physicians. It is

not intended to provide for training psychologists to prescribe medication.

Nothing in this section is intended to expand the scope of licensure of

psychologists.

HISTORY:

Added Stats 1998 ch 822 § 2 (SB 983).

§ 2915. Continuing education requirements; Practice outside fields

of competence

(a) Except as provided in this section, the board shall issue a renewal license

only to an applicant who has completed 36 hours of approved continuing

professional development in the preceding two years.

(b) Each person who applies to renew or reinstate his or her license issued

pursuant to this chapter shall certify under penalty of perjury that he or she

is in compliance with this section and shall retain proof of this compliance for

submission to the board upon request. False statements submitted pursuant to

this section shall be a violation of Section 2970.

(c) Continuing professional development means certain continuing educa-

tion learning activities approved in four different categories:

(1) Professional.

(2) Academic.

(3) Sponsored continuing education coursework.

112

BOARD OF PSYCHOLOGY

Bus. & Prof. Code

(4) Board certification from the American Board of Professional Psychol-

ogy.

The board may develop regulations further defining acceptable continuing

professional development activities.

(d)(1) The board shall require a licensed psychologist who began graduate

study prior to January 1, 2004, to take a continuing education course during

his or her first renewal period after the operative date of this section in

spousal or partner abuse assessment, detection, and intervention strategies,

including community resources, cultural factors, and same gender abuse

dynamics. Equivalent courses in spousal or partner abuse assessment,

detection, and intervention strategies taken prior to the operative date of

this section or proof of equivalent teaching or practice experience may be

submitted to the board and at its discretion, may be accepted in satisfaction

of this requirement.

(2) Continuing education courses taken pursuant to this subdivision shall

be applied to the 36 hours of approved continuing professional development

required under subdivision (a).

(e) Continuing education courses approved to meet the requirements of this

section shall be approved by organizations approved by the board. An organi-

zation previously approved by the board to provide or approve continuing

education is deemed approved under this section.

(f) The board may accept continuing education courses approved by an

entity that has demonstrated to the board in writing that it has, at a minimum,

a 10-year history of providing educational programming for psychologists and

has documented procedures for maintaining a continuing education approval

program. The board shall adopt regulations necessary for implementing this

section.

(g) The board may grant an exemption, or an extension of the time for

compliance with, from the continuing professional development requirement of

this section.

(h) The administration of this section may be funded through professional

license fees and continuing education provider and course approval fees, or

both. The fees related to the administration of this section shall not exceed the

costs of administering the corresponding provisions of this section.

HISTORY:

Added Stats 2002 ch 481 § 3 (SB 564), operative January 1, 2004. Amended Stats 2016 ch 484 § 6

(SB 1193), effective January 1, 2017.

§ 2915.4. Suicide risk assessment and intervention coursework or

applied experience requirement for licensure or renewal, reactiva-

tion, or reinstatement

(a) Effective January 1, 2020, an applicant for licensure as a psychologist

shall show, as part of the application, that he or she has completed a minimum

of six hours of coursework or applied experience under supervision in suicide

113

BUSINESS & PROFESSIONS CODE

Bus. & Prof. Code

risk assessment and intervention. This requirement shall be met in one of the

following ways:

(1) Obtained as part of his or her qualifying graduate degree program. To

satisfy this requirement, the applicant shall submit to the board a written

certification from the registrar or training director of the educational

institution or program from which the applicant graduated stating that the

coursework required by this section is included within the institution's

curriculum required for graduation at the time the applicant graduated, or

within the coursework that was completed by the applicant.

(2) Obtained as part of his or her applied experience. Applied experience

can be met in any of the following settings: practicum, internship, or formal

postdoctoral placement that meets the requirement of Section 2911, or other

qualifying supervised professional experience. To satisfy this requirement,

the applicant shall submit to the board a written certification from the

director of training for the program or primary supervisor where the

qualifying experience has occurred stating that the training required by this

section is included within the applied experience.

(3) By taking a continuing education course that meets the requirements

of subdivision (e) or (f) of Section 2915 and that qualifies as a continuing

education learning activity category specified in paragraph (2) or (3) of

subdivision (c) of Section 2915. To satisfy this requirement, the applicant

shall submit to the board a certification of completion.

(b) Effective January 1, 2020, as a one-time requirement, a licensee prior to

the time of his or her first renewal after the operative date of this section, or

an applicant for reactivation or reinstatement to an active license status, shall

have completed a minimum of six hours of coursework or applied experience

under supervision in suicide risk assessment and intervention, as specified in

subdivision (a). Proof of compliance with this section shall be certified under

penalty of perjury that he or she is in compliance with this section and shall be

retained for submission to the board upon request.

HISTORY:

Added Stats 2017 ch 182 § 1 (AB 89), effective January 1, 2018.

§ 2915.5. Coursework in aging and long-term care required for li-

censure of new applicant; Instruction on assessment and reporting

of, as well as treatment related to, elder and dependent adult abuse

and neglect

(a) Any applicant for licensure as a psychologist who began graduate study

on or after January 1, 2004, shall complete, as a condition of licensure, a

minimum of 10 contact hours of coursework in aging and long-term care, which

may include, but need not be limited to, the biological, social, and psychological

aspects of aging. On and after January 1, 2012, this coursework shall include

instruction on the assessment and reporting of, as well as treatment related to,

elder and dependent adult abuse and neglect.

114

BOARD OF PSYCHOLOGY

Bus. & Prof. Code

(b) Coursework taken in fulfillment of other educational requirements for

licensure pursuant to this chapter, or in a separate course of study, may, at the

discretion of the board, fulfill the requirements of this section.

(c) In order to satisfy the coursework requirement of this section, the

applicant shall submit to the board a certification from the chief academic

officer of the educational institution from which the applicant graduated

stating that the coursework required by this section is included within the

institution's required curriculum for graduation, or within the coursework,

that was completed by the applicant.

(d) The board shall not issue a license to the applicant until the applicant

has met the requirements of this section.

HISTORY:

Added Stats 2002 ch 541 § 4 (SB 953). Amended Stats 2010 ch 552 § 2 (AB 2435), effective January

1, 2011.

§ 2915.7. Continuing education course in aging and long-term care

required for first license renewal; Instruction on assessment and re-

porting of, as well as treatment related to, elder and dependent

adult abuse and neglect

(a) A licensee who began graduate study prior to January 1, 2004, shall

complete a three-hour continuing education course in aging and long-term care

during his or her first renewal period after the operative date of this section,

and shall submit to the board evidence acceptable to the board of the person's

satisfactory completion of that course.

(b) The course should include, but is not limited to, the biological, social, and

psychological aspects of aging. On and after January 1, 2012, this coursework

shall include instruction on the assessment and reporting of, as well as

treatment related to, elder and dependent adult abuse and neglect.

(c) Any person seeking to meet the requirements of subdivision (a) of this

section may submit to the board a certificate evidencing completion of

equivalent courses in aging and long-term care taken prior to the operative

date of this section, or proof of equivalent teaching or practice experience. The

board, in its discretion, may accept that certification as meeting the require-

ments of this section.

(d) The board may not renew an applicant's license until the applicant has

met the requirements of this section.

(e) A licensee whose practice does not include the direct provision of mental

health services may apply to the board for an exception to the requirements of

this section.

HISTORY:

Added Stats 2002 ch 541 § 5 (SB 953). Amended Stats 2004 ch 695 § 20 (SB 1913); Stats 2010 ch

552 § 3 (AB 2435), effective January 1, 2011.

§ 2916. Separability clause

If any provision of this chapter or the application thereof to any person or

115

BUSINESS & PROFESSIONS CODE

Bus. & Prof. Code

circumstances is held invalid, such invalidity shall not affect any of the

provisions or applications of this chapter which can be given effect without

such invalid provisions or application, and to this end the provisions of this

chapter are declared to be severable.

HISTORY:

Added Stats 1967 ch 1677 § 2.

§ 2918. Privileged communications

The confidential relations and communications between psychologist and

client shall be privileged as provided by Article 7 (commencing with Section

1010) of Chapter 4 of Division 8 of the Evidence Code.

HISTORY:

Added Stats 1973 ch 757 § 4.

§ 2919. Retention of health service records

A licensed psychologist shall retain a patient's health service records for a

minimum of seven years from the patient's discharge date. If the patient is a

minor, the patient's health service records shall be retained for a minimum of

seven years from the date the patient reaches 18 years of age.

HISTORY:

Added Stats 2006 ch 89 § 1 (AB 2257), effective January 1, 2007.

ARTICLE 2

ADMINISTRATION

§ 2920. Board of Psychology (Repealed January 1, 2021)

(a) The Board of Psychology shall enforce and administer this chapter. The

board shall consist of nine members, four of whom shall be public members.

(b) This section shall remain in effect only until January 1, 2021, and as of

that date is repealed.

(c) Notwithstanding any other law, the repeal of this section renders the

board subject to review by the appropriate policy committees of the Legisla-

ture.

HISTORY:

Added Stats 1967 ch 1677 § 2. Amended Stats 1971 ch 716 § 45; Stats 1976 ch 1188 § 16; Stats 1978

ch 1208 § 7; Stats 1982 ch 676 § 12; Stats 1989 ch 886 § 56 (ch 888 prevails), ch 888 § 5; Stats 1990

ch 622 § 1 (SB 2720); Stats 1994 ch 908 § 19 (SB 2036); Stat 1998 ch 589 § 1 (SB 1983); Stats 2002

ch 1012 § 6 (SB 2025), effective September 27, 2002; Stats 2005 ch 658 § 6 (SB 229), effective January

1, 2006; Stats 2006 ch 658 § 50 (SB 1476), effective January 1, 2007; Stats 2008 ch 385 § 1 (SB 963),

effective January 1, 2009, repealed January 1, 2011; Stats 2010 ch 695 § 10 (SB 294), effective

January 1, 2011, repealed January 1, 2013; Stats 2012 ch 332 § 24 (SB 1236), effective January 1,

2013, repealed January 1, 2017. Amended Stats 2016 ch 484 § 7 (SB 1193), effective January 1, 2017,

repealed January 1, 2021.

116

BOARD OF PSYCHOLOGY

Bus. & Prof. Code

§ 2920.1. Priority of board; Protection of the public

Protection of the public shall be the highest priority for the Board of

Psychology in exercising its licensing, regulatory, and disciplinary functions.

Whenever the protection of the public is inconsistent with other interests

sought to be promoted, the protection of the public shall be paramount.

HISTORY:

Added Stats 2002 ch 107 § 12 (AB 269).

§ 2921. Tenure of committee members

Each member of the board shall hold office for a term of four years, and shall

serve until the appointment and qualification of his or her successor or until

one year shall have elapsed since the expiration of the term for which he or she

was appointed, whichever first occurs. No member may serve for more than

two consecutive terms.

HISTORY:

Added Stats 1967 ch 1677 § 2. Amended Stats 1968 ch 455 § 1; Stats 1973 ch 757 § 5; Stats 1989

ch 888 § 6.

§ 2922. Appointment of members

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 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 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.

HISTORY:

Added Stats 1967 ch 1677 § 2. Amended Stats 1976 ch 1188 § 17; Stats 1982 ch 676 § 13; Stats 1989

ch 888 § 7; Stats 1998 ch 589 § 2 (SB 1983).

§ 2923. Qualifications

Each member of the board shall have all of the following qualifications:

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

(b) Each member appointed, except the public members shall be a licensed

psychologist.

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.

HISTORY:

Added Stats 1967 ch 1677 § 2. Amended Stats 1976 ch 1188 § 18; Stats 1989 ch 888 § 8.

117

BUSINESS & PROFESSIONS CODE

Bus. & Prof. Code

§ 2924. Removal from office

The Governor has power to remove from office any member of the board for

neglect of any duty required by this chapter, for incompetency, or for unpro-

fessional conduct.

HISTORY:

Added Stats 1967 ch 1677 § 2. Amended Stats 1989 ch 888 § 9.

§ 2925. Officers

The board shall elect annually a president and vice president from among its

members.

HISTORY:

Added Stats 1967 ch 1677 § 2. Amended Stats 1978 ch 1208 § 8; Stats 1989 ch 888 § 10; Stats 1998

ch 589 § 3 (SB 1983).

§ 2926. Meetings

The board shall hold at least one regular meeting each year. Additional

meetings may be held upon call of the chairman or at the written request of

any two members of the board.

HISTORY:

Added Stats 1967 ch 1677 § 2. Amended Stats 1989 ch 888 § 11.

§ 2927. Quorum

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

HISTORY:

Added Stats 1967 ch 1677 § 2, as B & P C § 2932. Amended Stats 1989 ch 888 § 16. Renumbered

by Stats 1994 ch 26 § 69 (AB 1807), effective March 30, 1994.

§ 2927.5. Notice of 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).

HISTORY:

Added Stats 1973 ch 757 § 6. Amended Stats 1994 ch 26 § 66 (AB 1807), effective March 30, 1994.

§ 2928. Enforcement

The board shall administer and enforce this chapter.

HISTORY:

Added Stats 1967 ch 1677 § 2. Amended Stats 1989 ch 888 § 12; Stats 1997 ch 758 § 35 (SB 1346).

§ 2929. Seal

The board shall adopt a seal, which shall be affixed to all licenses issued by

the board.

118

BOARD OF PSYCHOLOGY

Bus. & Prof. Code

HISTORY:

Added Stats 1967 ch 1677 § 2. Amended Stats 1989 ch 888 § 13; Stats 1997 ch 758 § 36 (SB 1346).

§ 2930. Rule-making authority

The board shall from time to time adopt rules and regulations as may be

necessary to effectuate this chapter. In adopting rules and regulations the

board shall comply with Chapter 3.5 (commencing with Section 11340) of Part

1 of Division 3 of Title 2 of the Government Code.

HISTORY:

Added Stats 1967 ch 1677 § 2. Amended Stats 1984 ch 144 § 12; Stats 1989 ch 888 § 14.

§ 2931. Examining applicants

The board shall examine and pass upon the qualifications of the applicants

for a license as provided by this chapter.

HISTORY:

Added Stats 1967 ch 1677 § 2. Amended Stats 1989 ch 888 § 15.

§ 2933. Employees; Executive officer (Repealed January 1, 2021)

(a) Except as provided by Section 159.5, the board shall employ and shall

make available to the board within the limits of the funds received by the board

all personnel necessary to carry out this chapter. The board may employ,

exempt from the State Civil Service Act, an executive officer to the Board of

Psychology. The board shall make all expenditures to carry out this chapter.

The board may accept contributions to effectuate the purposes of this chapter.

(b) This section shall remain in effect only until January 1, 2021, and as of

that date is repealed.

HISTORY:

Added Stats 1967 ch 1677 § 2. Amended Stats 1971 ch 716 § 46; Stats 1974 ch 1044 § 32.6, effective

September 23, 1974; Stats 1984 ch 47 § 18, effective March 21, 1984; Stats 1989 ch 888 § 17; Stats

1994 ch 908 § 20 (SB 2036); Stats 1997 ch 758 § 37 (SB 1346); Stats 1998 ch 589 § 4 (SB 1983); Stats

2002 ch 1012 § 7 (SB 2025), effective September 27, 2002; Stats 2005 ch 658 § 7 (SB 229), effective

January 1, 2006; Stats 2006 ch 658 § 51 (SB 1476), effective January 1, 2007; Stats 2008 ch 385 § 2

(SB 963), effective January 1, 2009, repealed January 1, 2011; Stats 2010 ch 695 § 11 (SB 294),

effective January 1, 2011, repealed January 1, 2013; Stats 2012 ch 332 § 25 (SB 1236), effective

January 1, 2013, repealed January 1, 2017. Amended Stats 2016 ch 484 § 8 (SB 1193), effective

January 1, 2017, repealed January 1, 2021.

§ 2934. Geographical directory of licensees

Notwithstanding Section 112, the board may issue, biennially, a current

geographical directory of licensed psychologists. The directory may be sent to

licensees and to other interested parties at cost.

HISTORY:

Added Stats 1982 ch 462 § 2. Amended Stats 1989 ch 888 § 18.

119

BUSINESS & PROFESSIONS CODE

Bus. & Prof. Code

§ 2934.1. Posting of license status on Web site

(a) The board may post on its InternetWeb site the following information on

the current status of the license for all current and former licensees:

(1) Whether or not the licensee has a record of a disciplinary action.

(2) Any of the following enforcement actions or proceedings against the

licensee:

(A) Temporary restraining orders.

(B) Interim suspension orders.

(C) Revocations, suspensions, probations, or limitations on practice

ordered by the board or by a court with jurisdiction in the state, including

those made part of a probationary order, cease practice order, or stipulated

agreement.

(D) Accusations filed by the board, including those accusations that are

on appeal, excluding ones that have been dismissed or withdrawn where

the action is no longer pending.

(E) Citations issued by the board. Unless withdrawn, citations shall be

posted for five years from the date of issuance.

(b) The board may also post on its Internet Web site all of the following

historical information in its possession, custody, or control regarding all

current and former licensees:

(1) Institutions that awarded the qualifying educational degree and type

of degree awarded.

(2) A link to the licensee's professional Internet Web site. Any link that

provides access to a licensee's professional Internet Web site, once clicked,

shall be accompanied by a notification that informs the Internet Web site

viewer that they are no longer on the board's Internet Web site.

(c) The board may also post other information designated by the board in

regulation.

HISTORY:

Added Stats 2016 ch 484 § 9 (SB 1193), effective January 1, 2017.

§ 2935. Compensation and expenses

Each member of the board shall receive a per diem and expenses as provided

in Section 103.

HISTORY:

Added Stats 1967 ch 1677 § 2. Amended Stats 1989 ch 888 § 19.

§ 2936. Consumer and professional education in matters relevant to

ethical practice; Standards of ethical conduct; Notice

The board shall adopt a program of consumer and professional education in

matters relevant to the ethical practice of psychology. The board shall establish

as its standards of ethical conduct relating to the practice of psychology, the

"Ethical Principles of Psychologists and Code of Conduct" published by the

American Psychological Association (APA). Those standards shall be applied

120

BOARD OF PSYCHOLOGY

Bus. & Prof. Code

by the board as the accepted standard of care in all licensing examination

development and in all board enforcement policies and disciplinary case

evaluations.

To facilitate consumers in receiving appropriate psychological services, all

licensees and registrants shall be required to post, in a conspicuous location in

their principal psychological business office, a notice which reads as follows:

"NOTICE TO CONSUMERS: The Department of ConsumerAffair's Board of

Psychology receives and responds to questions and complaints regarding the

practice of psychology. If you have questions or complaints, you may contact

the board by email at bopmail@dca.ca.gov, on the Internet at www.psycholo-

gy.ca.gov, by calling 1-866-503-3221, or by writing to the following address:

Board of Psychology

1625 North Market Boulevard, Suite -215

Sacramento, California 95834"

HISTORY:

Added Stats 1967 ch 1677 § 2. Amended Stats 1978 ch 1208 § 10.3; Stats 1989 ch 886 § 57 (ch 888

prevails), ch 888 § 20; Stats 1991 ch 1091 § 4 (AB 1487); Stats 1998 ch 589 § 5 (SB 1983); Stats 2004

ch 695 § 21 (SB 1913); Stats 2005 ch 658 § 8 (SB 229), effective January 1, 2006; Stats 2011 ch 350

§ 21 (SB 943), effective January 1, 2012; Stats 2014 ch 316 § 10 (SB 1466), effective January 1, 2015.

ARTICLE 3

LICENSE

§ 2940. Application and fee

Each person desiring to obtain a license from the board shall make

application to the board. The application shall be made upon a form and shall

be made in a manner as the board prescribes in regulations duly adopted under

this chapter.

The application shall be accompanied by the application fee prescribed by

Section 2949. This fee shall not be refunded by the board.

HISTORY:

Added Stats 1967 ch 1677 § 2. Amended Stats 1989 ch 888 § 21; Stats 1997 ch 758 § 38 (SB 1346).

§ 2941. Examination and fee

Each applicant for a psychology license shall be examined by the board, and

shall pay to the board, at least 30 days prior to the date of examination, the

examination fee prescribed by Section 2987, which fee shall not be refunded by

the board.

HISTORY:

Added Stats 1967 ch 1677 § 2. Amended Stats 1978 ch 1208 § 10.5; Stats 1989 ch 888 § 22; Stats

1997 ch 758 § 39 (SB 1346).

§ 2942. Time for examinations; Passing grades

The board may examine by written or computer-assisted examination or by

121

BUSINESS & PROFESSIONS CODE

Bus. & Prof. Code

both. All aspects of the examination shall be in compliance with Section 139.

The examination shall be available for administration at least twice a year at

the time and place and under supervision as the board may determine. The

passing grades for the examinations shall be established by the board in

regulations and shall be based on psychometrically sound principles of

establishing minimum qualifications and levels of competency.

Examinations for a psychologist's license may be conducted by the board

under a uniform examination system, and for that purpose the board may

make arrangements with organizations furnishing examination material as

may in its discretion be desirable.

HISTORY:

Added Stats 1967 ch 1677 § 2. Amended Stats 1978 ch 1208 § 12; Stats 1989 ch 888 § 23; Stats 1998

ch 589 § 6 (SB 1983); Stats 2005 ch 658 § 9 (SB 229), effective January 1, 2006.

§ 2943. Examination subjects

The board may examine for knowledge in whatever theoretical or applied

fields in psychology as it deems appropriate. It may examine the candidate

with regard to his or her professional skills and his or her judgment in the

utilization of psychological techniques and methods.

HISTORY:

Added Stats 1967 ch 1677 § 2. Amended Stats 1989 ch 888 § 24.

§ 2944. Written examinations

The board shall grade the written examination and keep the written

examination papers for at least one year, unless a uniform examination is

conducted pursuant to Section 2942.

HISTORY:

Added Stats 1967 ch 1677 § 2. Amended Stats 1978 ch 1208 § 13; Stats 1989 ch 888 § 25.

§ 2946. Reciprocity licenses; Temporary practice by out-of-state li-

censees; Waiver of examination requirement

The board shall grant a license to any person who passes the board's

supplemental licensing examination and, at the time of application, has been

licensed for at least five years by a psychology licensing authority in another

state or Canadian province if the requirements for obtaining a certificate or

license in that state or province were substantially equivalent to the require-

ments of this chapter.

A psychologist certified or licensed in another state or province and who has

made application to the board for a license in this state may perform activities

and services of a psychological nature without a valid license for a period not

to exceed 180 calendar days from the time of submitting his or her application

or from the commencement of residency in this state, whichever first occurs.

The board at its discretion may waive the examinations, when in the

judgment of the board the applicant has already demonstrated competence in

122

BOARD OF PSYCHOLOGY

Bus. & Prof. Code

areas covered by the examinations. The board at its discretion may waive the

examinations for diplomates of the American Board of Professional Psychology.

HISTORY:

Added Stats 1967 ch 1677 § 2. Amended Stats 1979 ch 955 § 3; Stats 1989 ch 888 § 27; Stats 1990

ch 622 § 2 (SB 2720); Stats 1998 ch 589 § 7 (SB 1983); Stats 2000 ch 836 § 19 (SB 1554); Stats 2005

ch 658 § 11 (SB 229), effective January 1, 2006.

§ 2947. Appointment of commissioners on examination; Qualifica-

tions [Repealed]

HISTORY:

Added Stats 1978 ch 1208 § 13.2. Amended Stats 1982 ch 462 § 3; Stats 1989 ch 888 § 28; Repealed

Stats 2016 ch 484 § 10. The repealed section related to appointment and qualifications of

commissioners on examination (SB 1193), effective January 1, 2017.

§ 2948. Issuance of license

The board shall issue a license to all applicants who meet the requirements

of this chapter and who pay to the board the initial license fee provided in

Section 2987.

HISTORY:

Added Stats 1967 ch 1677 § 2. Amended Stats 1989 ch 888 § 29; Stats 1990 ch 622 § 3 (SB 2720);

Stats 1997 ch 758 § 40 (SB 1346).

ARTICLE 4

DENIAL, SUSPENSION AND REVOCATION

§ 2960. Grounds for action

The board may refuse to issue any registration or license, or may issue a

registration or license with terms and conditions, or may suspend or revoke the

registration or license of any registrant or licensee if the applicant, registrant,

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 psychologist or psychological assistant.

(b) Use of any controlled substance as defined in Division 10 (commencing

with Section 11000) of the Health and Safety Code, or 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 perform the work of a psychologist with safety to the

public.

(c) Fraudulently or neglectfully misrepresenting the type or status of

license or registration actually held.

(d) Impersonating another person holding a psychology license or allow-

ing another person to use his or her license or registration.

123

BUSINESS & PROFESSIONS CODE

Bus. & Prof. Code

(e) Using fraud or deception in applying for a license or registration or in

passing the examination provided for in this chapter.

(f) Paying, or 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 pro-

fessional 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 psychology.

(m) The suspension, revocation or imposition of probationary conditions

by another state or country of a license or certificate to practice psychology

or as a psychological assistant issued by that state or country to a person

also holding a license or registration issued under this chapter if the act for

which the disciplinary action was taken constitutes a violation of this

section.

(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 miscon-

duct that is substantially related to the qualifications, functions or duties of

a psychologist or psychological assistant or registered psychologist.

(p) Functioning outside of his or her particular field or fields of compe-

tence 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.

HISTORY:

Added Stats 1967 ch 1677 § 2. Amended Stats 1970 ch 1318 § 3; Stats 1973 ch 757 § 9; Stats 1977

ch 509 § 5; Stats 1978 ch 1208 § 15; Stats 1979 ch 955 § 4; Stats 1982 ch 462 § 4; Stats 1984 ch 1635

§ 6; Stats 1985 ch 990 § 2, effective September 26, 1985; Stats 1988 ch 800 § 2; Stats 1989 ch 888 §

30; Stats 1992 ch 1099 § 2 (AB 3034); Stats 1994 ch 26 § 76 (AB 1807), effective March 30, 1994; Stats

1994 ch 1275 § 21 (SB 2101); Stats 1998 ch 879 § 2 (SB 2238); Stats 1999 ch 655 § 43 (SB 1308); Stats

2000 ch 836 § 20 (SB 1554).

§ 2960.05. Limitations period for filing accusation against licensee

(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.

124

BOARD OF PSYCHOLOGY

Bus. & Prof. Code

(b) An accusation filed against a licensee pursuant to Section 11503 of the

Government Code alleging the procurement of a license by fraud or misrepre-

sentation 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 (commenc-

ing 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. This subdivision

shall apply to a complaint alleging sexual misconduct received by the board on

and after January 1, 2002.

(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.

HISTORY:

Added Stats 1999 ch 459 § 1 (SB 809). Amended Stats 2001 ch 617 § 2 (AB 1616).

§ 2960.1. Sexual contact with patient; Revocation

Notwithstanding Section 2960, 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 or

registrant 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 therapy, shall contain an order of revocation. The revocation

shall not be stayed by the administrative law judge.

HISTORY:

Added Stats 1994 ch 1274 § 1.8 (SB 2039). Amended Stats 1998 ch 879 § 3 (SB 2238).

§ 2960.2. Licensee's physical, emotional and mental condition evalu-

ated

(a) A licensee shall meet the requirements set forth in subdivision (f) of

Section 1031 of the Government Code prior to performing either of the

following:

(1) An evaluation of a peace officer applicant's emotional and mental

condition.

125

BUSINESS & PROFESSIONS CODE

Bus. & Prof. Code

(2) An evaluation of a peace officer's fitness for duty.

(b) This section shall become operative on January 1, 2005.

HISTORY:

Added Stats 2003 ch 777 § 2 (AB 1669), operative January 1, 2005.

§ 2960.5. Mental illness or chemical dependency

The board may refuse to issue any registration or license whenever it

appears that an applicant may be unable to practice his or her profession safely

due to mental illness or chemical dependency. The procedures set forth in

Article 12.5 (commencing with Section 820) of Chapter 1 shall apply to any

denial of a license or registration pursuant to this section.

HISTORY:

Added Stats 1992 ch 384 § 1 (SB 1773).

§ 2960.6. Actions by other states

The board may deny any application for, or may suspend or revoke a license

or registration issued under this chapter for, any of the following:

(a) The revocation, suspension, or other disciplinary action imposed by

another state or country on a license, certificate, or registration issued by

that state or country to practice psychology shall constitute grounds for

disciplinary action for unprofessional conduct against that licensee or

registrant in this state. A certified copy of the decision or judgment of the

other state or country shall be conclusive evidence of that action.

(b) The revocation, suspension, or other disciplinary action by any board

established in this division, or the equivalent action of another state's or

country's licensing agency, of the license of a healing arts practitioner shall

constitute grounds for disciplinary action against that licensee or registrant

under this chapter. The grounds for the action shall be substantially related

to the qualifications, functions, or duties of a psychologist or psychological

assistant. A certified copy of the decision or judgment shall be conclusive

evidence of that action.

HISTORY:

Added Stats 1992 ch 384 § 2 (SB 1773). Amended Stats 1994 ch 1275 § 22 (SB 2101).

§ 2961. Scope of action

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 2965.

HISTORY:

Added Stats 1967 ch 1677 § 2. Amended Stats 1978 ch 1208 § 16; Stats 1986 ch 1163 § 1; Stats 1989

ch 888 § 31.

§ 2962. Petition for reinstatement or modification of penalty

(a) A person whose license or registration has been revoked, suspended, or

126

BOARD OF PSYCHOLOGY

Bus. & Prof. Code

surrendered, or who has been placed on probation, may petition the board for

reinstatement or modification of the penalty, including modification or termi-

nation of probation, after a period of not less than the following minimum

periods has elapsed from the effective date of the decision ordering that

disciplinary action:

(1) At least three years for reinstatement of a license revoked or surren-

dered.

(2) At least two years for early termination of probation of three years or

more.

(3) At least two years for modification of a condition of probation.

(4) At least one year for early termination of probation of less than three

years.

(b) The board may require an examination for that reinstatement.

(c) Notwithstanding Section 489, a person whose application for a license or

registration has been denied by the board, for violations of Division 1.5

(commencing with Section 475) of this chapter, may reapply to the board for a

license or registration only after a period of three years has elapsed from the

date of the denial.

HISTORY:

Added Stats 1994 ch 1275 § 24 (SB 2101). Amended Stats 2000 ch 836 § 21 (SB 1554).

§ 2963. Matters deemed conviction

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 psychologist or psychological assistant 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, or 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.

HISTORY:

Added Stats 1967 ch 1677 § 2. Amended Stats 1978 ch 1208 § 17; Stats 1986 ch 1163 § 2; Stats 1989

ch 888 § 33.

§ 2964. Report of license revocation or restoration

Whenever the board orders a license revoked for cause, with the exception of

nonpayment of fees, or restores a license, these facts shall be reported to all

other state psychology licensing boards.

HISTORY:

Added Stats 1982 ch 462 § 5. Amended Stats 1989 ch 888 § 34.

127

BUSINESS & PROFESSIONS CODE

Bus. & Prof. Code

§ 2964.3. Persons required to register as sex offenders

Any person required to register as a sex offender pursuant to Section 290 of

the Penal Code, is not eligible for licensure or registration by the board.

HISTORY:

Added Stats 1998 ch 589 § 8 (SB 1983).

§ 2964.5. Conditions of probation or suspension

The board at its discretion may require any licensee placed on probation or

whose license is suspended, to obtain additional professional training, to pass

an examination upon the completion of that training, and to pay the necessary

examination fee. The examination may be written or oral or both, and may

include a practical or clinical examination.

HISTORY:

Added Stats 1982 ch 462 § 6. Amended Stats 1991 ch 1091 § 5 (AB 1487).

§ 2964.6. Payment of probationary costs

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.

HISTORY:

Added Stats 1995 ch 708 § 12 (SB 609).

§ 2965. Conduct of proceedings

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.

HISTORY:

Added Stats 1967 ch 1677 § 2. Amended Stats 1989 ch 888 § 35.

§ 2966. Suspension during incarceration for felony conviction; De-

termination of substantial relationship of felony to functions of psy-

chologist; Discipline or denial of license

(a) A psychologist's license shall be suspended automatically during any

time that the holder of the license is incarcerated after conviction of a felony,

regardless of whether the conviction has been appealed. The board shall,

immediately upon receipt of the certified copy of the record of conviction,

determine whether the license of the psychologist has been automatically

suspended by virtue of his or her incarceration, and if so, the duration of that

suspension. The board shall notify the psychologist of the license suspension

and of his or her right to elect to have the issue of penalty heard as provided

in this section.

128

BOARD OF PSYCHOLOGY

Bus. & Prof. Code

(b) Upon receipt of the certified copy of the record of conviction, if after a

hearing it is determined therefrom that the felony of which the licensee was

convicted was substantially related to the qualifications, functions, or duties of

a psychologist, the board shall suspend the license until the time for appeal has

elapsed, if no appeal has been taken, or until the judgment of conviction has

been affirmed on appeal or has otherwise become final, and until further order

of the board. The issue of substantial relationship shall be heard by an

administrative law judge sitting alone or with a panel of the board, in the

discretion of the board.

(c) Notwithstanding subdivision (b), a conviction of any crime referred to in

Section 187, 261, 262, or 288 of the Penal Code, shall be conclusively presumed

to be substantially related to the qualifications, functions, or duties of a

psychologist and no hearing shall be held on this issue. Upon its own motion or

for good cause shown, the board may decline to impose or may set aside the

suspension when it appears to be in the interest of justice to do so, with due

regard to maintaining the integrity of and confidence in the psychology

profession.

(d)(1) Discipline or the denial of the license may be ordered in accordance

with Section 2961, or the board may order the denial of the license when the

time for appeal has elapsed, the judgment of conviction has been affirmed on

appeal, or 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, setting aside the verdict of guilty, or dismissing the

accusation, complaint, information, or indictment.

(2) The issue of penalty shall be heard by an administrative law judge

sitting alone or with a panel of the board, in the discretion of the board. The

hearing shall not be commenced until the judgment of conviction has become

final or, irrespective of a subsequent order under Section 1203.4 of the Penal

Code, an order granting probation has been made suspending the imposition

of sentence; except that a licensee may, at his or her option, elect to have the

issue of penalty decided before those time periods have elapsed. Where the

licensee so elects, the issue of penalty shall be heard in the manner described

in this section at the hearing to determine whether the conviction was

substantially related to the qualifications, functions, or duties of a psycholo-

gist. If the conviction of a licensee who has made this election is overturned

on appeal, any discipline ordered pursuant to this section shall automati-

cally cease. Nothing in this subdivision shall prohibit the board from

pursuing disciplinary action based on any cause other than the overturned

conviction.

(e) The record of the proceedings resulting in the conviction, including a

transcript of the testimony therein, may be received in evidence.

HISTORY:

Added Stats 1998 ch 589 § 9 (SB 1983).

129

BUSINESS & PROFESSIONS CODE

Bus. & Prof. Code

§ 2969. Penalties for failure to provide medical records; Failure to

comply with court order; Multiple acts

(a)(1) Alicensee who fails or refuses to comply with a request for the medical

records of a patient, that is accompanied by that patient's written authori-

zation for release of records to the board, within 15 days of receiving the

request and authorization, shall pay to the board a civil penalty of one

thousand dollars ($1,000) per day for each day that the documents have not

been produced after the 15th day, unless the licensee is unable to provide the

documents within this time period for good cause.

(2) A health care facility shall comply with a request for the medical

records of a patient that is accompanied by that patient's written authori-

zation for release of records to the board together with a notice citing this

section and describing the penalties for failure to comply with this section.

Failure to provide the authorizing patient's medical records to the board

within 30 days of receiving the request, authorization, and notice shall

subject the health care facility to a civil penalty, payable to the board, of up

to one thousand dollars ($1,000) per day for each day that the documents

have not been produced after the 30th day, up to ten thousand dollars

($10,000), unless the health care facility is unable to provide the documents

within this time period for good cause. This paragraph shall not require

health care facilities to assist the board in obtaining the patient's authori-

zation. The board shall pay the reasonable costs of copying the medical

records.

(b)(1) A licensee who fails or refuses to comply with a court order, issued in

the enforcement of a subpoena, mandating the release of records to the board

shall pay to the board a civil penalty of one thousand dollars ($1,000) per day

for each day that the documents have not been produced after the date by

which the court order requires the documents to be produced, unless it is

determined that the order is unlawful or invalid. Any statute of limitations

applicable to the filing of an accusation by the board shall be tolled during

the period the licensee is out of compliance with the court order and during

any related appeals.

(2) Any licensee who fails or refuses to comply with a court order, issued

in the enforcement of a subpoena, mandating the release of records to the

board, shall be subject to a civil penalty, payable to the board, of not to exceed

five thousand dollars ($5,000). The amount of the penalty shall be added to

the licensee's renewal fee if it is not paid by the next succeeding renewal

date. Any statute of limitations applicable to the filing of an accusation by

the board shall be tolled during the period the licensee is out of compliance

with the court order and during any related appeals.

(3) A health care facility that fails or refuses to comply with a court order,

issued in the enforcement of a subpoena, mandating the release of patient

records to the board, that is accompanied by a notice citing this section and

describing the penalties for failure to comply with this section, shall pay to

the board a civil penalty of up to one thousand dollars ($1,000) per day for

130

BOARD OF PSYCHOLOGY

Bus. & Prof. Code

each day that the documents have not been produced, up to ten thousand

dollars ($10,000), after the date by which the court order requires the

documents to be produced, unless it is determined that the order is unlawful

or invalid. Any statute of limitations applicable to the filing of an accusation

by the board against a licensee shall be tolled during the period the health

care facility is out of compliance with the court order and during any related

appeals.

(4) Any health care facility that fails or refuses to comply with a court

order, issued in the enforcement of a subpoena, mandating the release of

records to the board, shall be subject to a civil penalty, payable to the board,

of not to exceed five thousand dollars ($5,000). Any statute of limitations

applicable to the filing of an accusation by the board against a licensee shall

be tolled during the period the health care facility is out of compliance with

the court order and during any related appeals.

(c) Multiple acts by a licensee in violation of subdivision (b) shall be a

misdemeanor punishable by a fine not to exceed five thousand dollars ($5,000)

or by imprisonment in a county jail not exceeding six months, or by both that

fine and imprisonment. Multiple acts by a health care facility in violation of

subdivision (b) shall be a misdemeanor punishable by a fine not to exceed five

thousand dollars ($5,000) and shall be reported to the State Department of

Health Services and shall be considered as grounds for disciplinary action with

respect to licensure, including suspension or revocation of the license or

certificate.

(d) A failure or refusal of a licensee to comply with a court order, issued in

the enforcement of a subpoena, mandating the release of records to the board

constitutes unprofessional conduct and is grounds for suspension or revocation

of his or her license.

(e) The imposition of the civil penalties authorized by this section shall be in

accordance with the Administrative Procedure Act (Chapter 5 (commencing

with Section 11500) of Division 3 of Title 2 of the Government Code.

(f) For purposes of this section, "health care facility" means a clinic or health

facility licensed or exempt from licensure pursuant to Division 2 (commencing

with Section 1200) of the Health and Safety Code.

HISTORY:

Added Stats 2000 ch 836 § 22 (SB 1554).

ARTICLE 5

PENALTIES

§ 2970. Violation of chapter as misdemeanor

Any person who violates any of the provisions of this chapter shall be guilty

of a misdemeanor punishable by imprisonment in the county jail not exceeding

six months, or by a fine not exceeding two thousand dollars ($2,000), or by both.

131

BUSINESS & PROFESSIONS CODE

Bus. & Prof. Code

HISTORY:

Added Stats 1967 ch 1677 § 2. Amended Stats 1982 ch 462 § 7; Stats 1983 ch 1092 § 12, effective

September 27, 1983, operative January 1, 1984.

§ 2971. Injunctions

Whenever any person other than a licensed psychologist has engaged in any

act or practice that constitutes an offense against this chapter, the superior

court of any county, on application of the board, may issue an injunction or

other appropriate order restraining that conduct. Proceedings under this

section shall be governed by Chapter 3 (commencing with Section 525) of Title

7, 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 action in the

superior court under this section.

HISTORY:

Added Stats 1967 ch 1677 § 2. Amended Stats 1978 ch 1161 § 206; Stats 1982 ch 517 § 10 (ch 462

prevails), ch 462 § 8; Stats 1989 ch 888 § 36; Stats 1995 ch 279 § 17 (AB 1471); Stats 1997 ch 758 §

41 (SB 1346).

ARTICLE 7

REVENUE

§ 2980. Psychology Fund

There is in the State Treasury the Psychology Fund. The board shall report

to the Controller at the beginning of each calendar month, for the month

preceding, the amount and source of all revenue received by it, pursuant to this

chapter, and shall pay the entire amount thereof to the Treasurer for deposit

into that fund. All revenue received by the board from fees authorized to be

charged relating to the practice of psychology shall be deposited into that fund

as provided in this section.

HISTORY:

Added Stats 1980 ch 1313 § 9.2, operative July 1, 1981. Amended Stats 1989 ch 886 § 58 (ch 888

prevails), ch 888 § 37; Stats 1990 ch 622 § 4 (SB 2720); Stats 1997 ch 758 § 42 (SB 1346).

§ 2981. Funding

The money in the Psychology Fund shall be used for the administration of

this chapter.

HISTORY:

Added Stats 1967 ch 1677 § 2. Amended Stats 1978 ch 1208 § 23; Stats 1980 ch 1313 § 9.3, operative

July 1, 1981; Stats 2005 ch 74 § 9 (AB 139), effective July 19, 2005.

§ 2982. Expiration of licenses; Renewal of unexpired licenses

(a) All licenses expire and become invalid at 12 midnight on the last day of

132

BOARD OF PSYCHOLOGY

Bus. & Prof. Code

February, 1980, and thereafter shall expire at 12 midnight of the last date of

the two-year period from the date the license was issued.

(b) To renew an unexpired license, the licensee, on or before the date on

which it would otherwise expire, shall apply for renewal on a form provided by

the board, accompanied by the prescribed renewal fee.

HISTORY:

Added Stats 1967 ch 1677 § 1. Amended Stats 1968 ch 455 § 2; Stats 1969 ch 53 § 2; Stats 1973 ch

757 § 10; Stats 1978 ch 1208 § 23.3; Stats 1989 ch 888 § 38; Stats 2015 ch 336 § 1 (AB 773), effective

January 1, 2016.

§ 2983. Initial license fee

Every person to whom a license is issued shall, as a condition precedent to

its issuance, and in addition to any application, examination or other fee, pay

the prescribed initial license fee.

HISTORY:

Added Stats 1967 ch 1677 § 2. Amended Stats 1978 ch 1208 § 23.4; Stats 1989 ch 888 § 39; Stats

2005 ch 658 § 12 (SB 229), effective January 1, 2006.

§ 2984. Renewal of expired licenses

Except as provided in Section 2985, a license that has expired may be

renewed at any time within three years after its expiration on filing of an

application for renewal on a form prescribed by the board and payment of all

accrued and unpaid renewal fees. If the license is renewed after its expiration,

the licensee, as a condition precedent to renewal, shall also pay the prescribed

delinquency fee, if any. Renewal under this section shall be effective on the

date on which the application is filed, on the date on which all renewal fees are

paid, or on the date on which the delinquency fee, if any, is paid, whichever last

occurs. If so renewed, the license shall continue in effect through the expiration

date provided in Section 2982 which next occurs after the effective date of the

renewal, when it shall expire and become invalid if it is not again renewed.

HISTORY:

Added Stats 1967 ch 1677 § 2. Amended Stats 1978 ch 1208 § 24; Stats 1989 ch 888 § 40; Stats 1994

ch 26 § 80 (AB 1807), effective March 30, 1994; Stats 1997 ch 758 § 43 (SB 1346); Stats 1998 ch 970

§ 12.5 (AB 2802); Stats 2001 ch 435 § 8 (SB 349).

§ 2985. Renewal of suspended licenses; Reinstatement of revoked

licenses

Asuspended 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.

Alicense 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,

133

BUSINESS & PROFESSIONS CODE

Bus. & Prof. Code

the licensee, as a condition to reinstatement, shall pay a reinstatement fee in

an amount equal to the renewal fee in effect on the last preceding regular

renewal date before the date on which it is reinstated, plus the delinquency fee,

if any, accrued at the time of its revocation.

HISTORY:

Added Stats 1967 ch 1677 § 2.

§ 2986. Effect of failure to renew within prescribed time

A person who fails to renew his or her license within the three years after its

expiration may not renew it, and it may not be restored, reissued, or reinstated

thereafter, but that person may apply for and obtain a new license if he or she

meets the requirements of this chapter provided that he or she:

(a) Has not committed any acts or crimes constituting grounds for denial

of licensure.

(b) Establishes to the satisfaction of the board that with due regard for the

public interest, he or she is qualified to practice psychology.

(c) Pays all of the fees that would be required if application for licensure

was being made for the first time.

The board may provide for the waiver or refund of all or any part of an

examination fee in those cases in which a license is issued without examina-

tion pursuant to this section.

HISTORY:

Added Stats 1967 ch 1677 § 2. Amended Stats 1982 ch 462 § 9; Stats 1989 ch 888 § 41; Stats 1994

ch 26 § 81 (AB 1807), effective March 30, 1994.

§ 2987. Fee schedule

The amount of the fees prescribed by this chapter shall be determined by the

board, and shall be as follows:

(a) The application fee for a psychologist shall not be more than fifty

dollars ($50).

(b) The examination and reexamination fees for the examinations shall be

the actual cost to the board of developing, purchasing, and grading of each

examination, plus the actual cost to the board of administering each

examination.

(c) The initial license fee is an amount equal to the renewal fee in effect on

the last regular renewal date before the date on which the license is issued.

(d) The biennial renewal fee for a psychologist shall be four hundred

dollars ($400). The board may increase the renewal fee to an amount not to

exceed five hundred dollars ($500).

(e) The application fee for registration as a psychological assistant under

Section 2913 shall not be more than seventy-five dollars ($75).

(f) The annual renewal fee for registration of a psychological assistant

shall not be more than seventy-five dollars ($75).

(g) The duplicate license or registration fee is five dollars ($5).

134

BOARD OF PSYCHOLOGY

Bus. & Prof. Code

(h) The delinquency fee is 50 percent of the renewal fee for each license

type, not to exceed one hundred fifty dollars ($150).

(i) The endorsement fee is five dollars ($5).

Notwithstanding any other provision of law, the board may reduce any fee

prescribed by this section, when, in its discretion, the board deems it admin-

istratively appropriate.

HISTORY:

Added Stats 1967 ch 1677 § 2, as B & P C § 2949. Amended Stats 1973 ch 659 § 1; Amended and

Renumbered by Stats 1978 ch 1208 § 13.4; Amended Stats 1988 ch 929 § 1; Stats 1989 ch 886 § 59

(ch 888 prevails), ch 888 § 42; Stats 1990 ch 622 § 5 (SB 2720); Stats 1992 ch 1289 § 25 (AB 2743);

Stats 1994 ch 26 § 82 (AB 1807), effective March 30, 1994; Stats 2005 ch 658 § 13 (SB 229), effective

January 1, 2006; Stats 2017 ch 429 § 9 (SB 547), effective January 1, 2018.

§ 2987.2. Additional fee at time of renewal

(a) In addition to the fees charged pursuant to Section 2987 for the biennial

renewal of a license, the board shall collect an additional fee of twenty dollars

($20) at the time of renewal. The board shall transfer this amount to the

Controller who shall deposit the funds in the Mental Health Practitioner

Education Fund.

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

HISTORY:

Added Stats 2017 ch 577 § 2 (AB 1188), effective October 7, 2017, operative July 1, 2018.

§ 2987.5. Exemption from payment of renewal fee

Every person licensed under this chapter is exempt from the payment of the

renewal fee in any one of the following instances:

While engaged in full-time active service in the Army, Navy, Air Force or

Marines, or in the United States Public Health Service, or while a volunteer in

the Peace Corps or Vista.

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.

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 a license provided in Section 2986.

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.

135

BUSINESS & PROFESSIONS CODE

Bus. & Prof. Code

HISTORY:

Added Stats 1978 ch 1208 § 24.3. Amended Stats 1996 ch 829 § 71 (AB 3473).

§ 2988. Inactive licenses

A licensed psychologist who for reasons, including, but not limited to,

retirement, ill health, or absence from the state, is not engaged in the practice

of psychology, may apply to the board to request that his or her license be

placed on an inactive status. A licensed psychologist who holds an inactive

license shall pay a biennial renewal fee, fixed by the board, of no more than

forty dollars ($40). A psychologist holding an inactive license shall be exempt

from continuing education requirements specified in Section 2915, but shall

otherwise be subject to this chapter and shall not engage in the practice of

psychology in this state. Licensees on inactive status who have not committed

any acts or crimes constituting grounds for denial of licensure and have

completed the continuing education requirements specified in Section 2915

may, upon their request have their license to practice psychology placed on

active status.

HISTORY:

Added Stats 1982 ch 462 § 10. Amended Stats 1989 ch 888 § 43; Stats 1992 ch 260 § 3 (SB 774);

Stats 2005 ch 658 § 14 (SB 229), effective January 1, 2006.

§ 2988.5. Retired license

(a) The board may issue, upon an application prescribed by the board and

payment of a fee not to exceed seventy-five dollars ($75), a retired license to a

psychologist who holds a current license issued by the board, or one capable of

being renewed, and whose license is not suspended, revoked, or otherwise

restricted by the board or subject to discipline under this chapter.

(b) The holder of a retired license issued pursuant to this section shall not

engage in any activity for which an active license is required. A psychologist

holding a retired license shall be permitted to use the title "psychologist,

retired" or "retired psychologist." The designation of retired shall not be

abbreviated in any way.

(c) A retired license shall not be subject to renewal.

(d) The holder of a retired license may apply to obtain an active status

license as follows:

(1) If that retired license was issued less than three years prior to the

application date, the applicant shall meet all of the following requirements:

(A) Has not committed an act or crime constituting grounds for denial

or discipline of a license.

(B) Pays the renewal fee required by this chapter.

(C) Completes the continuing professional development required for the

renewal of a license within two years of the date of application for

restoration.

(D) Complies with the fingerprint submission requirements established

by the board.

136

BOARD OF PSYCHOLOGY

Bus. & Prof. Code

(2) Where the applicant has held a retired license for three or more years,

the applicant shall do all of the following:

(A) Submit a complete application for a new license.

(B) Take and pass the California Psychology Law and Ethics Examina-

tion.

(C) Pay all fees required to obtain a new license.

(D) Comply with the fingerprint submission requirements established

by the board.

(E) Be deemed to have met the educational and experience require-

ments of subdivisions (b) and (c) of Section 2914.

(F) Establish that he or she has not been subject to denial or discipline

of a license.

HISTORY:

Added Stats 2016 ch 484 § 11 (SB 1193), effective January 1, 2017.

§ 2989. Determination of fees

The fees in this article shall be fixed by the board and shall be set forth with

the regulations which are duly adopted under this chapter.

HISTORY:

Added Stats 1967 ch 1677 § 2, as B & P C § 2950. Renumbered by Stats 1978 ch 1208 § 14. Amended

Stats 1989 ch 888 § 44.

ARTICLE 9

PSYCHOLOGICAL CORPORATIONS

HISTORY: Added Stats 1980 ch 1314 § 15. Former Article 9, also entitled "Psychological

Corporations," consisting of §§ 2995-2996.6, was added Stats 1969 ch 1436 § 3 and repealed

Stats 1980 ch 1314 § 14.

§ 2995. Psychological corporation

A psychological corporation is a corporation that is authorized to render

professional services, as defined in Section 13401 of the Corporations Code, so

long as that corporation and its shareholders, officers, directors, and employees

rendering professional services who are psychologists, podiatrists, registered

nurses, optometrists, marriage and family therapists, licensed professional

clinical counselors, licensed clinical social workers, chiropractors, acupunctur-

ists, or physicians are in compliance with the Moscone-Knox Professional

Corporation Act, this article, and all other statutes and regulations now or

hereafter enacted or adopted pertaining to that corporation and the conduct of

its affairs.

HISTORY:

Added Stats 1980 ch 1314 § 15. Amended Stats 1981 ch 621 § 3; Stats 1989 ch 886 § 60 (ch 888

prevails), ch 888 § 45; Stats 1990 ch 622 § 6 (SB 2720); Stats 2000 ch 836 § 23 (SB 1554); Stats 2001

ch 159 § 10 (SB 662); Stats 2018 ch 389 § 2 (AB 2296), effective January 1, 2019.

137

BUSINESS & PROFESSIONS CODE

Bus. & Prof. Code

§ 2996. Violation as unprofessional conduct

It shall constitute unprofessional conduct and a violation of this chapter for

any person licensed under this chapter to violate, attempt to violate, directly or

indirectly, or assist in or abet the violation of, or conspire to violate, any

provision or term of this article, the Moscone-Knox Professional Corporation

Act, or any regulations duly adopted under those laws.

HISTORY:

Added Stats 1980 ch 1314 § 15.

§ 2996.1. Conduct of practice

A psychological corporation shall not do or fail to do any act the doing of

which or the failure to do which would constitute unprofessional conduct under

any statute or regulation now or hereafter in effect. In the conduct of its

practice, it shall observe and be bound by such statutes and regulations to the

same extent as a person licensed under this chapter.

HISTORY:

Added Stats 1980 ch 1314 § 15.

§ 2996.2. Accrual of income to shareholder while disqualified pro-

hibited

The income of a psychological corporation attributable to professional

services rendered while a shareholder is a disqualified person, as defined in

Section 13401 of the Corporations Code, shall not in any manner accrue to the

benefit of such shareholder or his or her shares in the psychological corpora-

tion.

HISTORY:

Added Stats 1980 ch 1314 § 15.

§ 2997. Shareholders, directors and officers to be licensees

Except as provided in Sections 13401.5 and 13403 of the Corporations Code,

each shareholder, director and officer of a psychological corporation, except an

assistant secretary and an assistant treasurer, shall be a licensed person as

defined in Section 13401 of the Corporations Code.

HISTORY:

Added Stats 1980 ch 1314 § 15.

§ 2998. Name

The name of a psychological corporation and any name or names under

which it may render professional services shall contain one of the words

specified in subdivision (c) of Section 2902, and wording or abbreviations

denoting corporate existence.

HISTORY:

Added Stats 1980 ch 1314 § 15.

138

BOARD OF PSYCHOLOGY

Bus. & Prof. Code

§ 2999. Regulation by committee

The board may adopt and enforce regulations to carry out the purposes and

objectives of this article, including regulations requiring (a) that the bylaws of

a psychological corporation shall include a provision whereby the capital stock

of that corporation owned by a disqualified person, as defined in Section 13401

of the Corporations Code, or a deceased person, shall be sold to the corporation

or to the remaining shareholders of that corporation within any time as those

regulations may provide, and (b) that a psychological corporation shall provide

adequate security by insurance or otherwise for claims against it by its

patients or clients arising out of the rendering of professional services.

HISTORY:

Added Stats 1980 ch 1314 § 15. Amended Stats 1989 ch 888 § 46.

CHAPTER 9

PHARMACY

HISTORY: Added Stats 1996 ch 890 § 3. Former Chapter 9, also entitled "Pharmacy", consisting

of §§ 4000-4480, was added Stats 1955 ch 950 § 3 and repealed Stats 1996 ch 890 § 2. Former

Chapter 9, also entitled "Pharmacy", consisting of §§ 4000-4256, was added Stats 1937 ch 425

and repealed Stats 1955 ch 550 § 1.

ARTICLE 2

DEFINITIONS

§ 4022. "Dangerous drug" or "dangerous device"

"Dangerous drug" or "dangerous device" means any drug or device unsafe for

self-use in humans or animals, and includes the following:

(a) Any drug that bears the legend: "Caution: federal law prohibits

dispensing without prescription," "Rx only," or words of similar import.

(b) Any device that bears the statement: "Caution: federal law restricts

this device to sale by or on the order of a ," "Rx only," or words of similar

import, the blank to be filled in with the designation of the practitioner

licensed to use or order use of the device.

(c) Any other drug or device that by federal or state law can be lawfully

dispensed only on prescription or furnished pursuant to Section 4006.

HISTORY:

Added Stats 1996 ch 890 § 3 (AB 2802). Amended Stats 1997 ch 549 § 15 (SB 1349); Stats 1999 ch

655 § 44 (SB 1308); Stats 2003 ch 250 § 1 (SB 175).

139

BUSINESS & PROFESSIONS CODE

Bus. & Prof. Code

DIVISION 7

GENERAL BUSINESS REGULATIONS

HISTORY: Added Stats 1941 ch 61 § 1.

PART 3

REPRESENTATIONS TO THE PUBLIC

HISTORY: Added Stats 1941 ch 63 § 1.

CHAPTER 1

ADVERTISING

ARTICLE 1

FALSE ADVERTISING IN GENERAL

§ 17500. False or misleading statements generally

It is unlawful for any person, firm, corporation or association, or any

employee thereof with intent directly or indirectly to dispose of real or personal

property or to perform services, professional or otherwise, or anything of any

nature whatsoever or to induce the public to enter into any obligation relating

thereto, to make or disseminate or cause to be made or disseminated before the

public in this state, or to make or disseminate or cause to be made or

disseminated from this state before the public in any state, in any newspaper

or other publication, or any advertising device, or by public outcry or procla-

mation, or in any other manner or means whatever, including over the

Internet, any statement, concerning that real or personal property or those

services, professional or otherwise, or concerning any circumstance or matter

of fact connected with the proposed performance or disposition thereof, which

is untrue or misleading, and which is known, or which by the exercise of

reasonable care should be known, to be untrue or misleading, or for any person,

firm, or corporation to so make or disseminate or cause to be so made or

disseminated any such statement as part of a plan or scheme with the intent

not to sell that personal property or those services, professional or otherwise,

so advertised at the price stated therein, or as so advertised. Any violation of

the provisions of this section is a misdemeanor punishable by imprisonment in

the county jail not exceeding six months, or by a fine not exceeding two

thousand five hundred dollars ($2,500), or by both that imprisonment and fine.

HISTORY:

Added Stats 1941 ch 63 § 1. Amended Stats 1955 ch 1358 § 1; Stats 1976 ch 1125 § 4; Stats 1979

ch 492 § 1; Stats 1998 ch 599 § 2.5 (SB 597).

140

BOARD OF PSYCHOLOGY

Bus. & Prof. Code

§ 17500.1. Prohibition against enactment of rule, regulation, or code

of ethics restricting or prohibiting advertising not violative of law

Notwithstanding any other provision of law, no trade or professional asso-

ciation, or state agency, state board, or state commission within the Depart-

ment of Consumer Affairs shall enact any rule, regulation, or code of profes-

sional ethics which shall restrict or prohibit advertising by any commercial or

professional person, firm, partnership or corporation which does not violate the

provisions of Section 17500 of the Business and Professions Code, or which is

not prohibited by other provisions of law.

The provisions of this section shall not apply to any rules or regulations

heretofore or hereafter formulated pursuant to Section 6076.

HISTORY:

Added Stats 1949 ch 186 § 1. Amended Stats 1971 ch 716 § 180; Stats 1979 ch 653 § 12.

§ 17506.5. "Board within the Department of Consumer Affairs"; "Lo-

cal consumer affairs agency"

As used in this chapter:

(a) "Board within the Department of Consumer Affairs" includes any

commission, bureau, division, or other similarly constituted agency within

the Department of Consumer Affairs.

(b) "Local consumer affairs agency" means and includes any city or county

body which primarily provides consumer protection services.

HISTORY:

Added Stats 1979 ch 897 § 4.

§ 17507. Disclosure of price differentials respecting more than one

article of merchandise or type of service within same class

It is unlawful for any person, firm, corporation or association to make an

advertising claim or representation pertaining to more than one article of

merchandise or type of service, within the same class of merchandise or

service, if any price is set forth in such claim or representation does not clearly

and conspicuously identify the article of merchandise or type of service to

which it relates. Disclosure of the relationship between the price and particu-

lar article of merchandise or type of service by means of an asterisk or other

symbol, and corresponding footnote, does not meet the requirement of clear

and conspicuous identification when the particular article of merchandise or

type of service is not represented pictorially.

HISTORY:

Added Stats 1971 ch 682 § 1.

§ 17508. Purportedly fact-based or brand-comparison advertise-

ments

(a) It shall be unlawful for any person doing business in California and

advertising to consumers in California to make any false or misleading

141

BUSINESS & PROFESSIONS CODE

Bus. & Prof. Code

advertising claim, including claims that (1) purport to be based on factual,

objective, or clinical evidence, (2) compare the product's effectiveness or safety

to that of other brands or products, or (3) purport to be based on any fact.

(b) Upon written request of the Director of Consumer Affairs, the Attorney

General, or any city attorney, county counsel, or district attorney, any person

doing business in California and in whose behalf advertising claims are made

to consumers in California, including claims that (1) purport to be based on

factual, objective, or clinical evidence, (2) compare the product's effectiveness

or safety to that of other brands or products, or (3) purport to be based on any

fact, shall provide to the department or official making the request evidence of

the facts on which the advertising claims are based. The request shall be made

within one year of the last day on which the advertising claims were made.

Any city attorney, county counsel, or district attorney who makes a request

pursuant to this subdivision shall give prior notice of the request to the

Attorney General.

(c) The Director of Consumer Affairs, Attorney General, or any city attorney,

county counsel, or district attorney may, upon failure of an advertiser to

respond by adequately substantiating the claim within a reasonable time, or if

the Director of Consumer Affairs, Attorney General, city attorney, county

counsel, or district attorney shall have reason to believe that the advertising

claim is false or misleading, do either or both of the following:

(1) Seek an immediate termination or modification of the claim by the

person in accordance with Section 17535.

(2) Disseminate information, taking due care to protect legitimate trade

secrets, concerning the veracity of the claims or why the claims are

misleading to the consumers of this state.

(d) The relief provided for in subdivision (c) is in addition to any other relief

that may be sought for a violation of this chapter. Section 17534 shall not apply

to violations of this section.

(e) Nothing in this section shall be construed to hold any newspaper

publisher or radio or television broadcaster liable for publishing or broadcast-

ing any advertising claims referred to in subdivision (a), unless the publisher

or broadcaster is the person making the claims.

(f) The plaintiff shall have the burden of proof in establishing any violation

of this section.

(g) If an advertisement is in violation of subdivision (a) and Section 17500,

the court shall not impose a separate civil penalty pursuant to Section 17536

for the violation of subdivision (a) and the violation of Section 17500 but shall

impose a civil penalty for the violation of either subdivision (a) or Section

17500.

HISTORY:

Added Stats 1972 ch 1417 § 1. Amended Stats 1974 ch 23 § 1; Stats 1976 ch 1002 § 1; Stats 1989

ch 947 § 1; Stats 2006 ch 538 § 24 (SB 1852), effective January 1, 2007; Stats 2016 ch 38 § 1 (SB 1130),

effective January 1, 2017.

142

BOARD OF PSYCHOLOGY

Bus. & Prof. Code

ARTICLE 2

PARTICULAR OFFENSES

HISTORY: Added Stats 1941 ch 63 § 1.

§ 17535. Obtaining injunctive relief

Any person, corporation, firm, partnership, joint stock company, or any other

association or organization which violates or proposes to violate this chapter

may be enjoined by any court of competent jurisdiction. The court may make

such orders or judgments, including the appointment of a receiver, as may be

necessary to prevent the use or employment by any person, corporation, firm,

partnership, joint stock company, or any other association or organization of

any practices which violate this chapter, or which may be necessary to restore

to any person in interest any money or property, real or personal, which may

have been acquired by means of any practice in this chapter declared to be

unlawful.

Actions for injunction under this section may be prosecuted by the Attorney

General or any district attorney, county counsel, city attorney, or city prosecu-

tor in this state in the name of the people of the State of California upon their

own complaint or upon the complaint of any board, officer, person, corporation

or association or by any person who has suffered injury in fact and has lost

money or property as a result of a violation of this chapter. Any person may

pursue representative claims or relief on behalf of others only if the claimant

meets the standing requirements of this section and complies with Section 382

of the Code of Civil Procedure, but these limitations do not apply to claims

brought under this chapter by the Attorney General, or any district attorney,

county counsel, city attorney, or city prosecutor in this state.

HISTORY:

Added Stats 1941 ch 63 § 1. Amended Stats 1972 ch 244 § 1, ch 711 § 3; amendment approved by

voters, Prop. 64 § 5, effective November 3, 2004.

§ 17535.5. Penalty for violating injunction; Proceedings; Disposition

of proceeds

(a) Any person who intentionally violates any injunction issued pursuant to

Section 17535 shall be liable for a civil penalty not to exceed six thousand

dollars ($6,000) for each violation. Where the conduct constituting a violation

is of a continuing nature, each day of such conduct is a separate and distinct

violation. In determining the amount of the civil penalty, the court shall

consider all relevant circumstances, including, but not limited to, the extent of

harm caused by the conduct constituting a violation, the nature and persis-

tence of such conduct, the length of time over which the conduct occurred, the

assets, liabilities and net worth of the person, whether corporate or individual,

and any corrective action taken by the defendant.

143

BUSINESS & PROFESSIONS CODE

Bus. & Prof. Code

(b) The civil penalty prescribed by this section shall be assessed and

recovered in a civil action brought in any county in which the violation occurs

or where the injunction was issued in the name of the people of the State of

California by the Attorney General or by any district attorney, county counsel,

or city attorney in any court of competent jurisdiction within his jurisdiction

without regard to the county from which the original injunction was issued. An

action brought pursuant to this section to recover such civil penalties shall

take special precedence over all civil matters on the calendar of the court

except those matters to which equal precedence on the calendar is granted by

law.

(c) If such an action is brought by the Attorney General, one-half of the

penalty collected pursuant to this section shall be paid to the treasurer of the

county in which the judgment was entered, and one-half to the State Trea-

surer. If brought by a district attorney or county counsel, the entire amount of

the penalty collected shall be paid to the treasurer of the county in which the

judgment is entered. If brought by a city attorney or city prosecutor, one-half

of the penalty shall be paid to the treasurer of the county in which the

judgment was entered and one-half to the city.

(d) If the action is brought at the request of a board within the Department

of Consumer Affairs or a local consumer affairs agency, the court shall

determine the reasonable expenses incurred by the board or local agency in the

investigation and prosecution of the action.

Before any penalty collected is paid out pursuant to subdivision (c), the

amount of such reasonable expenses incurred by the board shall be paid to the

State Treasurer for deposit in the special fund of the board described in Section

205. If the board has no such special fund, the moneys shall be paid to the State

Treasurer. The amount of such reasonable expenses incurred by a local

consumer affairs agency shall be paid to the general fund of the municipality

or county which funds the local agency.

HISTORY:

Added Stats 1973 ch 1042 § 1. Amended Stats 1974 ch 712 § 1; Stats 1979 ch 897 § 5.

144

BOARD OF PSYCHOLOGY

Bus. & Prof. Code

145

Regulations

EXTRACTED FROM

CALIFORNIA CODE OF

REGULATIONS

-------------

TITLE 16

Professional and Vocational Regulations

DIVISION 13.1

Board of Psychology

ARTICLE 1.

General Provisions

§ 1380. Citation and Authority.

This chapter may be cited and referred to as the "Psychology Regulations.''

NOTE: Authority and reference cited: Section 2930, Business and Professions Code.

History

1. Renumbering of Section 1380 to Section 1380.1 and new Section 1380 filed 11-21-77; effective

thirtieth day thereafter (Register 77, No. 48). For prior history, see Register

76, No. 52.

2. Amendment filed 6-15-83; effective thirtieth day thereafter (Register 83, No. 25).

§ 1380.1. Location of Principal Office.

The principal office of the Board of Psychology is located at 1625 North

Market Boulevard, Suite N-215, Sacramento, California 95834.

NOTE: Authority cited: Section 2930, Business and Professions Code. Reference: Section 2930,

Business and Professions Code.

History

1. Renumbering of section 1380 to section 1380.1 filed 11-21-77; effective thirtieth day thereafter

(Register 77, No. 48). For prior history, see Register 76, No. 52.

2. Change without regulatory effect pursuant to section 100, Title 1, California Code of Regulations

filed 3-5-90 (Register 90, No. 20).

3. Amendment filed 2-29-2000; operative 3-30-2000 (Register 2000, No. 9).

4. Change without regulatory effect amending section filed 4-14-2008 pursuant to section 100,

title 1, California Code of Regulations (Register 2008, No. 16).

5. Change without regulatory effect amending section filed 5-8-2013 pursuant to section 100, title

1, California Code of Regulations (Register 2013, No. 19).

§ 1380.3. Definitions.

For the purpose of the regulations contained in this chapter, the

term "Board'' means the Board of Psychology, and the term ''Code''

means the Business and Professions Code.

146

BOARD OF PSYCHOLOGY

Regulations

NOTE: Authority and reference cited: Section 2930, Business and Professions Code.

History

1. Amendment filed 12-22-76; effective thirtieth day thereafter (Register 76,No. 52).

2. Renumbering of section 1380.2 to section 1380.3 filed 11-21-77; effective thirtieth day thereafter

(Register 77, No. 48).

3. Amendment filed 6-15-83; effective thirtieth day thereafter (Register 83, No. 25).

4. Change without regulatory effect pursuant to section 100, Title 1, California Code of Regulations

filed 3-5-90 (Register 90, No. 20).

5. Change without regulatory effect amending section filed 12-5-2018 pursuant to section 100,

title 1, California Code of Regulations (Register 2018, No. 49).

§ 1380.4. Delegation of Functions.

Except for those powers reserved exclusively to the "agency itself '' under the

Administrative Procedure Act (section 11500 et seq. of the Government Code),

the Board delegates and confers upon the executive officer for the Board, or in

his or her absence, his or her designee, all functions necessary to the dispatch

of business of the Board in connection with investigative and administrative

proceedings under the jurisdiction of the Board, including the authority to

order an examination pursuant to section 820 of the Code or section 1381, or

to approve a settlement agreement for the revocation, surrender, or interim

suspension of a license or registration.

NOTE: Authority cited: Section 2930, Business and Professions Code. Reference: Sections 2928

and 2965, Business and Professions Code; and Sections 11415.60 and 11500, Government Code.

History

1. Renumbering and amendment of section 1380.3 to section 1380.4 filed 11-21-77; effective

thirtieth day thereafter (Register 77, No. 48).

2. Amendment filed 6-15-83; effective thirtieth day thereafter (Register 83, No. 25).

3. Change without regulatory effect pursuant to section 100, title 1, California Code of Regulations

filed 3-5-90 (Register 90, No. 20).

4. Amendment filed 6-14-93; operative 7-1-93 pursuant to Government Code section 11346.2(d)

(Register 93, No. 25).

5. Amendment of section and Note filed 7-23-2012; operative 8-22-2012 (Register 2012, No. 30).

§ 1380.5. Filing of Addresses.

(a) Each person holding a license as a psychologist shall file with the board

his or her address of record, which shall be used as the mailing address for

the licensee and shall be disclosable to the public. The licensee may provide

a post office box number or other alternate address as his or her address of

record; if a post office box number or other alternate address is used as the

address of record, however, the licensee shall also provide a physical business

or residential address for the Board's internal administrative use, and not for

disclosure to the public.

(b) Each applicant and licensee who has an electronic mail address shall

provide to the Board that electronic mail address and shall maintain a current

electronic mail address, if any, with the Board.

(c) Within 30 days after a change of any address above, the applicant or

licensee shall report to the Board any and all changes, giving both his or her

old and new address(es).

147

Regulations

CALIFORNIA CODE OF REGULATIONS

(d) Failure to comply with the requirements of this section may subject the

licensee to enforcement action.

NOTE: Authority cited: Section 2930, Business and Professions Code. Reference:

Sections 12.5, 27, 136 and 2948, Business and Professions Code.

History

1. Renumbering of section 1380.4 to section 1380.5 filed 11-21-77; effective thirtieth day thereafter

(Register 77, No. 48).

2. Amendment filed 6-15-83; effective thirtieth day thereafter (Register 83, No. 25).

3. Change without regulatory effect pursuant to section 100, Title 1, California Code of Regulations

filed 3-5-90 (Register 90, No. 20).

4. Amendment of section heading, section and Note filed 3-21-2016; operative 7-1-2016 (Register

2016, No. 13).

§ 1380.6. Display of License Number.

Pursuant to Section 137 of the Code, every licensed psychologist shall

include his or her number in any advertising, public directory or solicitation,

regardless of whether such a presentment is made under the licensee's own

name, a fictitious business or group name or a corporate name.

This requirement shall not apply to psychologists practicing in

governmental organizations, nonprofit organizations which are engaged in

research, education or services which services are defined by a board composed

of community representatives and professionals.

NOTE: Authority cited: Sections 137 and 2930, Business and Professions Code.

Reference: Section 137, Business and Professions Code.

History

1. New section filed 4-26-79; effective thirtieth day thereafter (Register 79, No. 17).

2. Change without regulatory effect amending first paragraph filed 12-5-2018 pursuant to section

100, title 1, California Code of Regulations (Register 2018, No. 49).

§ 1380.7. Declaratory Decisions.

No decision or opinion issued by the Board of Psychology is a declaratory

decision under Government Code Sections 11465.10-11456.70 unless the

decision or opinion specifically states that it is a "Declaratory Decision''.

NOTE: Authority cited: Section 2930, Business and Professions Code. Reference: Sections

11465.10-11465.70, Government Code.

History

1. New section filed 7-2-99; operative 8-1-99 (Register 99, No. 27).

ARTICLE 2.

Applications

§ 1381. Applications.

All applications shall be accompanied by such evidence, statements or

documents as therein required to establish that the applicant meets all of the

requirements for licensing or registration as set forth in the Code.

Note: Authority cited: Section 2930, Business and Professions Code. Reference:

Sections 2940 and 2941, Business and Professions Code.

148

BOARD OF PSYCHOLOGY

Regulations

History

1. Amendment filed 7-14-76; effective thirtieth day thereafter (Register 76, No. 29).

2. Amendment filed 12-22-76; effective thirtieth day thereafter (Register 76, No. 52).

3. Amendment filed 6-15-83; effective thirtieth day thereafter (Register 83, No. 25).

4. Change without regulatory effect pursuant to section 100, Title 1, California Code of Regulations

filed 3-5-90 (Register 90, No. 20).

5. Amendment filed 9-23-2004; operative 10-23-2004 (Register 2004, No. 39).

6. Change without regulatory effect amending section filed 12-5-2018 pursuant to section 100,

title 1, California Code of Regulations (Register 2018, No. 49).

§ 1381.1. Abandonment of Applications.

An application shall be denied without prejudice when, in the discretion

of the Board, an applicant does not exercise due diligence in the completion

of his or her application, in furnishing additional information or documents

requested or in the payment of any required fees.

NOTE: Authority cited: Section 2930, Business and Professions Code. Reference: Section

2940, Business and Professions Code.

History

1. Amendment filed 12-22-76, effective thirtieth day thereafter (Register 76, No. 52.).

2. Editorial correction to add section erroneously omitted (Register 78, No. 12).

3. Amendment filed 3-31-78; effective thirtieth day thereafter (Register 78, No. 13).

4. Change without regulatory effect pursuant to section 100, Title 1, California Code of Regulations

filed 3-5-90 (Register 90, No. 20).

5. Change without regulatory effect amending section filed 12-5-2018 pursuant to section 100,

title 1, California Code of Regulations (Register 2018, No. 49).

§ 1381.2. Petition for Hearing.

An applicant for examination or licensure whose credentials indicate

ineligibility shall be notified of the deficiency. The applicant may correct the

deficiency indicated or in the alternative file a request for hearing before the

appropriate committee.

NOTE: Authority cited: Section 2930, Business and Professions Code. Reference: Section 2940,

Business and Professions Code.

History

1. Amendment filed 6-15-83; effective thirtieth day thereafter (Register 83, No. 25).

2. Change without regulatory effect pursuant to section 100, Title 1, California Code of Regulations

filed 3-5-90 (Register 90, No. 20).

§ 1381.4. Failure to Appear for Examination-Withdrawal of

Application.

Any applicant approved to take or retake a Board licensing examination

who fails to appear for such examination in any twelve month period shall

have his or her application withdrawn. An applicant who subsequently decides

to take the examination shall be required to file a new application and pay the

current application and examination fees.

NOTE: Authority cited: Section 2930, Business and Professions Code. Reference: Sections

2914, 2931, 2940, 2941, and 2942, Business and Professions Code.

History

1. New section filed 3-31-78; effective thirtieth day thereafter (Register 78, No.13).

149

Regulations

CALIFORNIA CODE OF REGULATIONS

2. Amendment of NOTE filed 4-26-79; effective thirtieth day thereafter (Register 79, No. 17).

3. Change without regulatory effect pursuant to section 100, Title 1, California Code of Regulations

filed 3-5-90 (Register 90, No. 20).

4. Amendment filed 3-13-97; operative 4-12-97 (Register 97, No. 11).

5. Repealer and new section filed 7-11-2001; operative 8-10-2001 (Register 2001, No. 28).

6. Change without regulatory effect amending section filed 12-5-2018 pursuant to section 100,

title 1, California Code of Regulations (Register 2018, No. 49).

§ 1381.5. Failure to Pay Initial License Fee.

An application shall be deemed to have been abandoned if an applicant

fails to pay the initial license fee within three years after notification by the

Board. An applicant whose application has been deemed abandoned may again

be eligible for licensure upon the filing of a new application and meeting all

current licensing requirements, including payment of any fees. Such applicant

shall not be required to take the Examination for Professional Practice in

Psychology (EPPP) but shall take and pass the California Psychology Law and

Ethics Examination (CPLEE).

NOTE: Authority cited: Section 2930, Business and Professions Code. Reference: Sections

2940 and 2983, Business and Professions Code.

History

1. New section filed 3-31-78; effective thirtieth day thereafter (Register 78, No.13).

2. Renumbering from section 1382 to section 1381. 5 filed 9-28-78; effective thirtieth day

thereafter (Register 78, No. 39).

3. Change without regulatory effect pursuant to section 100, Title 1, California Code of Regulations

filed 3-5-90 (Register 90, No. 20).

4. Amendment filed 3-13-97; operative 4-12-97 (Register 97, No. 11).

5. Change without regulatory effect amending section filed 8-11-2004 pursuant to section 100,

title 1, California Code of Regulations (Register 2004, No. 33).

6. Amendment filed 4-9-2007; operative 5-9-2007 (Register 2007, No. 15).

7. Amendment filed 4-1-2008; operative 4-1-2008 pursuant to Government Code section 11343.4

(Register 2008, No. 14).

8. Change without regulatory effect amending section filed 12-5-2018 pursuant to section 100,

title 1, California Code of Regulations (Register 2018, No. 49).

§ 1381.6. Permit Processing Times. [Repealed]

NOTE: Authority cited: Section 2930, Business and Professions Code. Reference: Section

15736, Government Code.

History

1. New section filed 5-14-91; operative 6-13-91 (Register 91, No. 27).

2. Change without regulatory effect repealing section filed 12-5-2018 pursuant to section 100,

title 1, California Code of Regulations (Register 2018, No. 49).

§ 1381.7. Renewal of License.

(a) A renewal application shall be accompanied by the fee or fees specified

in section 1392 or 1392.1.

(b) For a license or registration that expires after December 31, 2010, as a

condition of renewal, an applicant for renewal not previously fingerprinted by

the Board, or for whom an electronic record of the submission of fingerprints does

not exist in the Department of Justice's criminal offender record identification

150

BOARD OF PSYCHOLOGY

Regulations

database, is required to furnish to the Department of Justice, as directed by

the Board, a full set of fingerprints for the purpose of conducting a criminal

history record check and to undergo a state and federal level criminal offender

record information search conducted through the Department of Justice.

Failure to submit a full set of fingerprints to the Department of Justice on or

before the date required for renewal of a license or registration is grounds for

discipline by the Board. The licensee or registrant shall certify on the renewal

application whether the fingerprints have been submitted. This requirement is

waived if the licensee or registrant renews in an inactive status, or is actively

serving in the military outside the country.

(c) As a condition of renewal, an applicant for renewal shall disclose on the

renewal application whether, since he or she last renewed his or her license

or registration, he or she has been convicted of any violation of the law in

this or any other state, the United States or its territories, military court, or

other country, omitting traffic infractions under $500.00 not involving alcohol,

a dangerous drug, or a controlled substance.

(d) As a condition of renewal, an applicant for renewal shall disclose on the

renewal application whether, since he or she last renewed his or her license or

registration, he or she has had a license disciplined by a government agency or

other disciplinary body. Discipline includes, but is not limited to, suspension,

revocation, voluntary surrender, probation, reprimand, or any other restriction

on a license or registration held.

(e) Failure to provide all of the information required by this section renders

any application for renewal incomplete and the license or registration ineligible

for renewal.

NOTE: Authority cited: Sections 144, 2930 and 2982, Business and Professions Code.

Reference: Sections 2960, 2960.6, 2963, 2982, 2984, 2986 and 2988, Business and Professions Code;

and Sections 11105(b)(10) and 11105(e), Penal Code.

History

1. New section filed 2-2-2011; operative 3-4-2011 (Register 2011, No. 5).

2. Change without regulatory effect amending subsection (b) filed 12-5-2018 pursuant to section

100, title 1, California Code of Regulations (Register 2018, No. 49).

3. Change without regulatory effect amending subsection (b) filed 12-5-2018 pursuant to section

100, title 1, California Code of Regulations (Register 2018, No. 49).

§ 1381.8. Inactive License.

A license may be maintained in an inactive status by providing the renewal

application and fee specified in section 1392.

In addition to any other requirements, a licensee activating a license

pursuant to section 2988 of the Code shall furnish a full set of fingerprints as

required by and set out in section 1381.7(b) as a condition of activation.

NOTE: Authority cited: Section 2930, Business and Professions Code. Reference: Section 2988,

Business and Professions Code; and Section 11105(b)(10), Penal Code.

History

1. New section filed 2-2-2011; operative 3-4-2011 (Register 2011, No. 5).

§ 1381.9. Renewal of Expired License.

In the event a licensee does not renew his or her license as provided in section

2982 of the Code, the license expires. In addition to any other requirements, a

151

Regulations

CALIFORNIA CODE OF REGULATIONS

licensee renewing pursuant to section 2984 of the Code shall furnish a full set

of fingerprints as required by and set out in section 1381.7(b) as a condition of

renewal.

NOTE: Authority cited: Sections 2930 and 2982, Business and Professions Code. Reference:

Sections 2984 and 2986, Business and Professions Code; and Section 11105(b)(10), Penal Code.

History

1. New section filed 2-2-2011; operative 3-4-2011 (Register 2011, No. 5).

ARTICLE 3.

Education and Experience

§ 1382. Human Sexuality Training.

Unless otherwise exempted, all persons applying for a license as a

psychologist shall, in addition to all other requirements for licensure, have

completed coursework or training in human sexuality which meets the

requirements of this section. Such training shall:

(a) Be completed after January 1, 1970.

(b) Be obtained

(1) In an accredited or approved educational institution, as defined in section

2901 of the Code, including extension courses offered by such institutions, or

(2) In an educational institution approved by the Department of Education

pursuant to section 94310 of the Education Code, or

(3) From a continuing education provider approved by a professional

association, or

(4) In a course sponsored or offered by a professional association, or

(5) In a course sponsored, offered or approved by a local, county or state

department of health or mental health or by health agencies of the Federal

Government.

(c) Have a minimum length of ten (10) contact hours.

(d) Include the study of physiological-psychological and social-cultural

variables associated with sexual identity, sexual behavior or sexual disorders.

All applicants shall provide the Board with documentation of completion of the

required human sexuality training.

It is the intent of the Board that all persons licensed to practice psychology

have minimal training in human sexuality. It is not intended that by complying

with the requirements of this section only, a practitioner is fully trained in the

subject of sex therapy.

NOTE: Authority cited: Section 2930, Business and Professions Code. Reference: Section 25,

Business and Professions Code.

History

1. Renumbering of section 1382 to section 1381.5 and new section 1382 filed 9-28-78; effective

thirtieth day thereafter (Register 78, No. 39). For history of former Section 1382, see Register 78,

No. 13.

2. Amendment filed 6-15-83; effective thirtieth day thereafter (Register 83, No. 25).

3. Change without regulatory effect pursuant to section 100, Title 1, California Code of Regulations

filed 3-5-90 (Register 90, No. 20).

152

BOARD OF PSYCHOLOGY

Regulations

4. Change without regulatory effect amending subsection (d) and last paragraph filed 12-5-2018

pursuant to section 100, title 1, California Code of Regulations (Register 2018, No. 49).

§ 1382.3. Training in Alcoholism/Chemical Dependency Detection and

Treatment.

The requirements set forth in Section 2914 (f) of the Code shall be satisfied

by completion of a graduate level course which meets the following criteria:

(a) The course shall be devoted solely to the topic of alcoholism and chemical

dependency detection and treatment and shall not be less than a semester or

a quarter term in length.

(b) The course must be obtained at a degree-granting educational

institution, or in an extension course offered by an institution, that is either

accredited as defined in Education Code Section 94813, or approved by the

Bureau for Private Postsecondary Education.

(c) An original transcript indicating successful completion of the course

shall be deemed sufficient evidence for purposes of satisfying this requirement.

(d) The course shall include training in each of the following subjects as

they relate to alcoholism and chemical dependency:

(1) The definition of alcoholism and other chemical dependency, and the

evaluation of the user.

(2) Current theories of, and research on, the etiology of substance abuse.

(3) Physiological and medical aspects and effects of alcoholism and other

chemical dependency.

(4) Psychopharmacology and the interaction of various classes of drugs,

including alcohol.

(5) Diagnosing and differentiating alcoholism and substance abuse in

patients referred for other clinical symptoms, such as depression, anxiety,

psychosis, and impotence.

(6) Populations at risk with regard to substance abuse.

(7) Cultural and ethnic considerations.

(8) Prenatal effects.

(9) Adolescent substance abuse.

(10) Implications for the geriatric population.

(11) Iatrogenic dependency.

(12) Major treatment approaches to alcoholism and chemical dependency,

including research and application.

(13) The role of persons and systems which support or compound abuse.

(14) Family issues which include treatment approaches with families of

alcoholics and/or substance abusers.

(15) The process of referring affected persons.

(16) Community resources offering assessment, treatment and follow up

for the abuser and family.

(17) Ethical and Legal issues for clinical practice.

(18) Prevention of substance abuse.

NOTE: Authority cited: Section 2930, Business and Professions Code. Reference: Section

2914(e), Business and Professions Code.

153

Regulations

CALIFORNIA CODE OF REGULATIONS

History

1. Change without regulatory effect renumbering former section 1387.6 to section 1382.3 filed

2-19-2002 pursuant to section 100, title 1, California Code of Regulations (Register 2002, No. 8).

2. Change without regulatory effect amending first paragraph and subsection (d)(1) and adding

subsection (d)(5) designator filed 8-20-2002 pursuant to section 100, title 1, California Code of

Regulations (Register 2002, No. 34).

3. Change without regulatory effect amending first paragraph and subsection (b) filed 12-5-2018

pursuant to section 100, title 1, California Code of Regulations (Register 2018, No. 49).

§ 1382.4. Child Abuse Assessment Training Requirements.

All persons applying for a license or renewal of a license as a psychologist

shall in addition to all other requirements for licensure, have completed

coursework or training in child abuse assessment and reporting and shall

submit documentation thereof to the Board. The coursework or training in child

abuse assessment and reporting shall consist of not less than 7 instructional

hours and shall include training in each of the subject areas described in

section 28 of the Code. The coursework or training shall be:

(a) Obtained at an educational institution, or in an extension course offered

by an institution which is accredited by the Western Association of Schools

and Colleges, the Northwest Association of Secondary and Higher Schools, or

an essentially equivalent accrediting agency as determined by the Board or

approved by the State Department of Education pursuant to section 94310.2 of

the Education Code; or

(b) Obtained from a statewide professional association representing the

professions of psychology, social work, or marriage, family and child counseling;

or

(c) Obtained from or sponsored by a local county, state or federal

governmental entity.

(d) Completed after January 1, 1983.

NOTE: Authority cited: Sections 28 and 2930, Business and Professions Code. Reference:

Section 28, Business and Professions Code.

History

1. Change without regulatory effect renumbering former section 1387.7 to section 1382.4 filed

2-19-2002 pursuant to section 100, title 1, California Code of Regulations (Register 2002, No. 8).

2. Change without regulatory effect amending first paragraph and subsection (a) filed 12-5-2018

pursuant to section 100, title 1, California Code of Regulations (Register 2018, No. 49).

§ 1382.5. Spousal or Partner Abuse Assessment, Detection, and

Intervention Strategies Training Requirements.

All persons applying for a license as a psychologist who began their

graduate training on or after January 1, 1995 shall, in addition to all other

requirements for licensure, have completed coursework in spousal or partner

abuse assessment, detection, and intervention strategies and shall submit

documentation thereof to the Board. The coursework in spousal or partner

abuse assessment, detection, and intervention strategies shall consist of not

less than a combined total of two (2) hours focused on this topic. All persons

applying for a license as a psychologist who began their graduate training on

or after January 1, 2004 shall also meet the above requirement, however, such

course shall consist of at least fifteen (15) contact hours.

154

BOARD OF PSYCHOLOGY

Regulations

The coursework shall be:

(a) taken in fulfillment of other educational requirements in the applicant's

graduate and/or doctoral training, or

(b) taken in a separate course approved by the Board's recognized continuing

education accrediting agency, or

(c) taken in a separate course provided by a sponsor approved by the

American Psychological Association.

(d) completed after January 1, 1995.

An applicant may request an exemption from this requirement if he or she

intends to practice in an area that does not include the direct provision of

mental health services.

NOTE: Authority cited: Sections 2914(f) and 2930, Business and Professions Code. Reference:

Section 2914(f), Business and Professions Code.

History

1. Change without regulatory effect renumbering former section 1387.8 to section 1382.5 filed

2-19-2002 pursuant to section 100, title 1, California Code of Regulations (Register 2002, No. 8).

2. Amendment of section heading, first paragraph and subsection (d) filed 10-22-2004; operative

11-21-2004 (Register 2004, No. 43).

3. Change without regulatory effect amending first paragraph and subsection (b) filed 12-5-2018

pursuant to section 100, title 1, California Code of Regulations (Register 2018, No. 49).

§ 1382.6. Aging and Long-Term Care Training Requirements.

All persons applying for a license as a psychologist who began their

graduate training on or after January 1, 2004, shall, in addition to all other

requirements for licensure, have completed coursework in aging and longterm

care which shall include but not be limited to the biological, social, and

psychological aspects of aging, and shall submit documentation thereof of the

Board. The coursework in aging and long-term care shall consist of not less

than a combined total of ten (10) contact hours focused on this topic.

The coursework shall be:

(a) taken in fulfillment of other educational requirements in the applicant's

graduate and/or doctoral training, or

(b) taken in a separate course approved by the Board's recognized continuing

education accrediting agency, or

(c) taken in a separate course provided by a sponsor approved by the

American Psychological Association.

(d) completed after January 1, 2004.

NOTE: Authority cited: Section 2915.5 and 2930, Business and Professions Code. Reference:

Section 2915.5, Business and Professions Code.

History

1. New section filed 10-22-2004; operative 11-21-2004 (Register 2004, No. 43).

2. Change without regulatory effect amending first paragraph and subsection (b) filed 12-5-2018

pursuant to section 100, title 1, California Code of Regulations (Register 2018, No. 49).

§ 1386. Revised Criteria for Evaluation of Education.

(a) Only those doctorate degrees which are designated as being earned in

a department or school of psychology, educational psychology or education

with the field of specialization in counseling psychology or educational

psychology shall be accepted as an earned doctorate degree as specified in

155

Regulations

CALIFORNIA CODE OF REGULATIONS

section 2914, subdivisions (b)(1) through (3), of the Code. If it is not evident

on the official transcript, the Board may require that any doctorate degree

earned in education with the field of specialization in counseling psychology or

educational psychology be certified by the registrar as such a degree.

NOTE: Authority cited: Section 2930, Business and Professions Code. Reference: Section

2914, Business and Professions Code.

History

1. Renumbering and amendment of former section 1386 to section 1387.5, and renumbering of

former section 1384.6 to section 1386 filed 6-15-83; effective thirtieth day thereafter (Register 83, No.

25). For prior history, see Registers 80, No. 9; 79, No. 17; and 78, No. 39.

2. Amendment filed 7-31-84; effective thirtieth day thereafter (Register 84, No. 31).

3. Change without regulatory effect pursuant to section 100, title 1, California Code of Regulations

filed 3-5-90 (Register 90, No. 20).

4. Amendment of subsections (a) and (b) filed 5-24-91; operative 6-23-91 (Register 91, No. 27).

5. Amendment of subsection (c) filed 8-18-93; operative 9-17-93 (Register 93, No. 34).

6. Change without regulatory effect amending subsection (a) and repealing subsections (b)-(f)

filed 8-24-2001 pursuant to section 100, title 1, California Code of Regulations (Register 2001, No. 34).

7. Change without regulatory effect amending section filed 12-5-2018 pursuant to section 100,

title 1, California Code of Regulations (Register 2018, No. 49).

§ 1387. Supervised Professional Experience.

This section applies to all trainees, pre-or post-doctoral, who intend for

hours of supervised professional experience (SPE) to count toward meeting the

licensing requirement stated in section 2914(c) of the Business and Professions

Code. Those trainees accruing hours of supervised experience in areas of

psychology that do not include direct mental health services should refer to

section 1387.3 for information on establishing an alternate plan for SPE.

SPE is defined as an organized program that consists of a planned, structured

and administered sequence of professionally supervised comprehensive

clinical training experiences. SPE shall have a logical training sequence that

builds upon the skills and competencies of trainees to prepare them for the

independent practice of psychology once they become licensed.

SPE shall include socialization into the profession of psychology and shall

be augmented by integrated modalities including mentoring, didactic exposure,

role-modeling, enactment, observational/ vicarious learning, and consultative

guidance.

SPE shall include activities which address the integration of psychological

concepts and current and evolving scientific knowledge, principles, and theories

to the professional delivery of psychological services to the consumer public.

SPE shall include only the time spent by the trainee engaged in psychological

activities that directly serve to prepare the trainee for the independent practice

of psychology once licensed. SPE shall not include custodial tasks such as

filing, transcribing or other clerical duties.

The term "trainee'' as used in these regulations means a psychology trainee

working under one of the conditions listed in subsections (a)(1) and (a)(2) of

this section.

(a) Pursuant to section 2914(c) of the code, two years of qualifying SPE

shall be completed and documented prior to licensure. One year of SPE

156

BOARD OF PSYCHOLOGY

Regulations

shall be defined as 1500 hours. At least one year of SPE shall be completed

postdoctorally. Each year of SPE shall be completed within a thirty (30)

consecutive month period. If both years of SPE (3000 hours) are completed

postdoctorally, they shall be completed within a sixty (60) month period.

Upon showing of good cause as determined by the board, these specified time

limitations may be reasonably modified.

(1) Predoctoral SPE: Up to 1500 hours of SPE may be accrued predoctorally

but only after completion of 48 semester/trimester or 72 quarter units of

graduate coursework in psychology not including thesis, internship or

dissertation. Predoctoral SPE may be accrued only as follows:

(A) In a formal internship placement pursuant to section 2911 of the code,

which is accredited by the American Psychological Association (APA), or which

is a member of the Association of Psychology Postdoctoral and Internship

Centers (APPIC) or the California Psychology Internship Council (CAPIC) and

registration with the board is not required. A formal internship placement

that actually began prior to January 1, 2007 that meets the membership

requirements of, but is not a member of, APPIC or CAPIC will satisfy the

requirements of this section; or

(B) As an employee of an exempt setting pursuant to section 2910 of the

code and registration with the board is not required; or

(C) As a psychological assistant pursuant to section 2913 of the code and

registration with the board prior to commencing work is required; or

(D) Pursuant to a Department of Mental Health Waiver (5751.2 Welfare

and Institutions Code) for which registration with the board is not required.

(2) Postdoctoral SPE: At least 1500 hours of SPE shall be accrued

postdoctorally. "Postdoctorally'' means after the date certified as "meeting

all the requirements for the doctoral degree'' by the Registrar or Dean of the

educational institution, or by the Director of Training of the doctoral program.

Postdoctoral SPE may be accrued only as follows:

(A) For postdoctoral SPE accrued on or after January 1, 2006, in a formal

postdoctoral training program pursuant to section 2911 of the code, which

is accredited by the American Psychological Association (APA), or which is

a member of the Association of Psychology Postdoctoral and Internship

Centers (APPIC) or the California Psychology Internship Council (CAPIC) and

registration with the board is not required; or

(B) As a registered psychologist pursuant to section 2909(d) of the code and

registration with the board prior to commencing work is required; or

(C) As an employee of an exempt setting pursuant to section 2910 of the

code and registration with the board is not required; or

(D) As a psychological assistant pursuant to section 2913 of the code and

registration with the board prior to commencing work is required; or

(E) Pursuant to a Department of Mental Health Waiver (5751.2 Welfare

and Institutions Code) for which registration with the board is not required.

(b) Supervision Requirements:

(1) Primary supervisors shall meet the requirements set forth in section

1387.1.

(2) Delegated supervisors shall meet the requirements set forth in section

1387.2.

157

Regulations

CALIFORNIA CODE OF REGULATIONS

(3) Trainees shall have no proprietary interest in the business of the

primary or delegated supervisor(s) and shall not serve in any capacity which

would hold influence over the primary or delegated supervisor(s)' judgment in

providing supervision.

(4) Trainees shall be provided with supervision for 10% of the total time

worked each week. At least one hour per week shall be face-to-face, direct,

individual supervision with the primary supervisor.

(5) A maximum of forty four (44) hours per week will be credited toward

meeting the SPE requirement. This shall include the required 10% supervision.

(6) The primary supervisor shall be employed by the same work setting

as the trainee and be available to the trainee 100% of the time the trainee is

accruing SPE. This availability may be in-person, by telephone, by pager or by

other appropriate technology.

(7) Primary supervisors shall ensure that a plan is in place to protect the

patient/client in the event a patient/client crisis or emergency occurs during

any time the supervisor is not physically present at the established site at

which the trainee is working. The primary supervisor shall ensure that the

trainee thoroughly understands the plan in the event of a crisis/emergency.

(8) SPE shall not be obtained from supervisors who have received payment,

monetary or otherwise, from the trainee for the purpose of providing such

supervision.

(9) SPE gained while the trainee is functioning under another mental

health license shall not be credited toward meeting the requirements for the

psychologist's license.

(10) Prior to the start of the experience, the primary supervisor and the

supervisee shall together prepare an agreement that outlines the structure

and sequence of the planned program of supervision to accomplish the

goals and objectives of the experience. Hours accrued prior to preparing

such an agreement results in those hours not counting toward the licensure

requirements. The original agreement shall accompany the application for

registration, if any, and identify at least the following::

• Name, license number and signature of primary supervisor;

• Name and signature of supervisee;

• Statutory authority under which the supervisee will function;

• Start date of the experience and the anticipated completion date;

• Duties to be performed in a sequential structured plan as defined in

this section;

• Address of the locations at which the duties will be performed;

• Goals and objectives of the plan for SPE, including how socialization

into the profession will be achieved; and

• How and when the supervisor will provide periodic assessments and

feedback to the supervisee as to whether or not he or she is performing

as expected.

Additionally, the agreement shall reflect that both supervisor and supervisee

have discussed and understand each term of SPE as required by the California

Code of Regulations.

158

BOARD OF PSYCHOLOGY

Regulations

(11) Once the SPE outlined in the agreement has been completed, the

primary supervisor shall submit to the supervisee both the agreement, unless

previously submitted to the Board pursuant to Section 1387(b)(10), and a

verification of experience form signed by the primary supervisor under penalty

of perjury, in a sealed envelope, signed across the seal for submission to the

Board by the supervisee along with his or her application. The verification

shall certify to completion of the hours consistent with the terms of the

agreement. The supervisor must indicate, in his or her best professional

judgment, whether the supervisee demonstrated an overall performance

at or above the level of competence expected for the supervisee's level of

education, training and experience. When SPE is accrued in a formal predoctoral

internship or postdoctoral training program, the program's training

director shall be authorized to perform the verification and rating duties of the

primary supervisor provided that the internship training director is a licensed

psychologist who possesses a valid, active license free of any disciplinary action.

If the SPE is not consistent with the terms of the agreement, or if the

supervisee did not demonstrate an overall performance at or above the level

of competence expected for the supervisee's level of education, training and

experience, then the hours accrued will not count toward the licensure requirements.

(c) Delegated Supervision Requirements:

(1) Except as provided in section 1391.5, which regulates the supervision

of psychological assistants, primary supervisors may delegate supervision to

other qualified psychologists or to other qualified mental health professionals

including licensed marriage and family therapists, licensed educational

psychologists, licensed clinical social workers and board certified psychiatrists.

(2) The primary supervisor remains responsible for providing the minimum

one hour per week of direct, individual face-to-face supervision.

(3) The primary supervisor remains responsible for ensuring compliance

with this section.

NOTE: Authority cited: Section 2930, Business and Professions Code. Reference: Sections 2911

and 2914, Business and Professions Code.

History

1. New section filed 7-6-2000; operative 8-5-2000 (Register 2000, No. 27). For prior history see

Register 93, No. 34.

2. Editorial correction deleting former section 1387 "Revised Criteria for Evaluation of Experience''

which expired by its own term effective 12-31-2000 (Register 2003, No. 1).

3. Amendment filed 12-16-2004; operative 1-1-2005 pursuant to Government Code section

11343.4 (Register 2004, No. 51).

4. New fifth and seventh paragraphs and amendment of subsection (b)(10) filed 7-28-2005;

operative 8-27-2005 (Register 2005, No. 30).

5. Repealer of sixth paragraph, amendment of subsection (a)(1)(A), new subsection (a)(2)(A),

subsection relettering, amendment of subsections (b)(9)-(10) and amendment of Note filed 4-27-2007;

operative 5-27-2007 (Register 2007, No. 17).

6. Amendment of subsection (a)(2)(A) filed 12-30-2008; operative 12-30-2008 pursuant to

Government Code section 11343.4 (Register 2009, No. 1).

7. Amendment of subsection (b)(10) and new subsection (b)(11) filed 7-24-2009; operative 8-23-

2009 (Register 2009, No. 30).

159

Regulations

CALIFORNIA CODE OF REGULATIONS

8. Change without regulatory effect amending subsection (b)(11) filed 10-20-2014 pursuant to

section 100, title 1, California Code of Regulations (Register 2014, No. 43).

9. Change without regulatory effect amending subsection (b)(9) filed 1-21-2015 pursuant to

section 100, title 1, California Code of Regulations (Register 2015, No. 4).

10. Amendment of subsection (b)(10), repealer and new subsection (b)(11) and amendment of

subsection (c)(1) filed 6-5-2017; operative 10-1-2017 (Register 2017, No. 23).

§ 1387.1. Qualifications and Responsibilities of Primary Supervisors.

All primary supervisors shall be licensed psychologists, except that board

certified psychiatrists may be primary supervisors of their own registered

psychological assistants. In this regard, a maximum of 750 hours of experience

out of the required 3000, can be supervised by a board certified psychiatrist

and can be counted toward meeting the SPE licensing requirements.

(a) Primary supervisors shall possess and maintain a valid, active

license free of any formal disciplinary action, and shall immediately notify

the supervisee of any disciplinary action, including revocation, surrender,

suspension, probation terms, or changes in licensure status including inactive

license, delinquent license or any other license status change that affects the

primary supervisor's ability or qualifications to supervise.

(b) Primary supervisors who are licensed by the board shall complete a

minimum of six (6) hours of supervision coursework every two years.

(1) Primary supervisors shall certify under penalty of perjury to completion

of this coursework requirement each time the supervisor completes a

verification form as referenced in section 1387(b)(11).

(c) Primary supervisors shall be in compliance at all times with the

provisions of the Psychology Licensing Law and the Medical Practice Act,

whichever is applicable, and the regulations adopted pursuant to these laws.

(d) Primary supervisors shall be responsible for ensuring compliance at all

times by the trainee with the provisions of the Psychology Licensing Law and

the regulations adopted pursuant to these laws.

(e) Primary supervisors shall be responsible for ensuring that all SPE

including record keeping is conducted in compliance with the Ethical Principles

and Code of Conduct of the American Psychological Association.

(f) Primary supervisors shall be responsible for monitoring the welfare of

the trainee's clients.

(g) Primary supervisors shall ensure that each client or patient is informed,

prior to the rendering of services by the trainee (1) that the trainee is unlicensed

and is functioning under the direction and supervision of the supervisor; (2)

that the primary supervisor shall have full access to the treatment records

in order to perform supervision responsibilities and (3) that any fees paid for

the services of the trainee must be paid directly to the primary supervisor or

employer.

(h) Primary supervisors shall be responsible for monitoring the performance

and professional development of the trainee and how and when the supervisor

will provide periodic assessments and feedback to the supervisee as to whether

or not he or she is performing as expected.

160

BOARD OF PSYCHOLOGY

Regulations

(i) Primary supervisors shall ensure that they have the education, training,

and experience in the area(s) of psychological practice they will supervise.

(j) Primary supervisors shall have no familial, intimate, business or

other relationship with the trainee which would compromise the supervisor's

effectiveness, and/or which would violate the Ethical Principles and Code of

Conduct of the American Psychological Association.

(k) Primary supervisors shall not supervise a trainee who is now or has

ever been a psychotherapy client of the supervisor.

(l) Primary supervisors shall not exploit trainees or engage in sexual

relationships or any other sexual contact with trainees.

(m) Primary supervisors shall require trainees to review the pamphlet

"Professional Therapy Never Includes Sex.''

(n) Primary supervisors shall monitor the supervision performance of all

delegated supervisors.

NOTE: Authority cited: Section 2930, Business and Professions Code. Reference: Section 2914,

Business and Professions Code.

History

1. New section filed 7-6-2000; operative 8-5-2000 (Register 2000, No. 27).

2. Repealer of first paragraph, amendment of subsection (b), new subsections (c)-(c)(3) and

subsection relettering filed 7-17-2002; operative 1-1-2003 (Register 2002, No. 29).

3. Amendment filed 12-16-2004; operative 1-1-2005 pursuant to Government Code section

11343.4 (Register 2004, No. 51).

4. Amendment of subsection (m) filed 7-28-2005; operative 8-27-2005 (Register 2005, No. 30).

5. Change without regulatory effect amending subsection (g) filed 10-20-2014 pursuant to section

100, title 1, California Code of Regulations (Register 2014, No. 43).

6. Amendment of subsections (b)-(b)(1) and (h) filed 6-5-2017; operative 10-1-2017 (Register 2017,

No. 23).

§ 1387.2. Qualifications and Responsibilities of Delegated Supervisors.

Delegated supervisors shall be qualified psychologists or those other

qualified mental health professionals listed in section 1387(c). The delegated

supervisor(s) shall be employed in the same work setting as the trainee.

(a) Delegated supervisors shall have and shall maintain a valid, active

license free of any formal disciplinary action, shall immediately notify the

trainee and the primary supervisor of any disciplinary action, including

revocation, surrender, suspension, probation terms, or changes in licensure

status including inactive license, or any other license status change that affects

the supervisor's ability or qualifications to supervise.

(b) Delegated supervisors shall be in compliance at all times with the

provisions of the Psychology Licensing Law, and the regulations adopted

pursuant to these laws.

(c) Delegated supervisors shall be responsible for ensuring compliance

by the trainee with the provisions of the Psychology Licensing Law and the

regulations adopted pursuant to these laws.

(d) Delegated supervisors shall be responsible for ensuring that all SPE

and record keeping performed under the supervision delegated to them is

161

Regulations

CALIFORNIA CODE OF REGULATIONS

conducted in compliance with the Ethical Principles and Code of Conduct of

the American Psychological Association.

(e) Delegated supervisors shall be responsible for monitoring the welfare of

the trainee's clients while under their delegated supervision.

(f) Delegated supervisors shall be responsible for monitoring the

performance and professional development of the trainee and for reporting this

performance and development to the primary supervisor.

(g) Delegated supervisors shall ensure that they have the education,

training, and experience in the area(s) of psychological practice to be supervised.

(h) Delegated supervisors shall have no familial, intimate, business or

other relationship with the trainee which would compromise the supervisor's

effectiveness and/or which would violate the Ethical Principles and Code of

Conduct of the American Psychological Association.

(i) Delegated supervisors shall not supervise a trainee who is now or has

ever been a psychotherapy client of the supervisor.

(j) Delegated supervisors shall not exploit trainees or engage in sexual

relationships, or any other sexual contact with trainees.

Note: Authority cited: Section 2930, Business and Professions Code. Reference: Section 2914,

Business and Professions Code.

History

1. New section filed 7-6-2000; operative 8-5-2000 (Register 2000, No. 27).

2. Amendment filed 12-16-2004; operative 1-1-2005 pursuant to Government Code section

11343.4 (Register 2004, No. 51).

3. Amendment of first paragraph filed 7-28-2005; operative 8-27-2005 (Register 2005, No. 30).

§ 1387.3. Alternate Plan for Supervised Professional Experience in

Non-Mental Health Services.

This section pertains only to those trainees who are preparing for practice,

once licensed, in the non-mental health areas of the profession of psychology.

Due to lack of training sites and qualified supervisors, typically in the area

of applied psychological research, industrial-organizational psychology, media

and social-experimental psychology, but not including those involving direct

mental health services, trainees in these areas of psychology shall submit a

plan for supervised professional experience to the Board for approval on a

case-by-case basis as provided for in section 2914(c) of the Code. In all such

cases, the proposed plan must be submitted by the supervisee and approved

by the Board prior to commencement of supervision. Supervised professional

experience (SPE) which is accrued prior to the approval of the plan will not

count towards licensure.

(a) Supervision Plan Required

The proposed supervision plan ("plan'') submitted by the trainee for approval

shall be signed by all participants involved. It shall describe the qualifications

and responsibilities of the supervisor (and co-supervisor, if appropriate) for

supervision. The plan shall be developed for and shall demonstrate appropriate

preparation of the trainee to practice effectively in non-mental health services,

and within the specific non-mental health setting. The plan shall address how

the quality of work done by the trainee working in a non-mental health role

will be monitored and assure protection of the client. As used in this section,

162

BOARD OF PSYCHOLOGY

Regulations

''trainee'' means a psychology trainee working under the provisions of this

section.

(b) Hours and Setting Requirements

(1) Pursuant to section 2914(c) of the Code, two years of qualifying SPE

shall be completed and documented prior to licensure. One year of SPE

shall be defined as 1500 hours. At least one year of SPE shall be completed

postdoctorally. Each year of SPE shall be completed within a thirty (30)

consecutive month period. If both years of SPE (3000 hours) are completed

postdoctorally, they shall be completed within a sixty (60) month period.

Upon showing of good cause as determined by the Board, these specified time

limitations may be reasonably modified.

(2) Predoctoral SPE under this section may be accrued only as follows:

(A) In a formal internship placement pursuant to section 2911 of the Code

and registration with the Board is not required; or

(B) As an employee of an exempt setting pursuant to section 2910 of the

Code and registration with the Board is not required; or

(C) As a psychological assistant pursuant to section 2913 of the Code and

registration with the Board prior to commencing work is required.

(3) Postdoctoral SPE may be accrued only as follows:

(A) As a psychological assistant pursuant to section 2913 of the Code and

registration with the Board prior to commencing work is required; or

(B) As a registered psychologist pursuant to section 2909(d) of the Code and

registration with the Board prior to commencing work is required; or

(C) As an employee of an exempt setting pursuant to section 2910 of the

Code and registration with the Board is not required.

(c) Supervision Requirements

(1) The trainee shall be provided with supervision for 10% of the total time

worked each month. At least four hours per month shall be face-to-face, direct,

individual supervision with the primary supervisor. The plan shall address how

the supervision will be provided. The remainder of the 10% may be provided

by the delegated supervisor or co-supervisor and may include supervision via

electronic means.

(2) A maximum of forty-four (44) hours per week, including the required

10% supervision, may be credited toward meeting the supervised professional

experience requirement.

(3) The trainee shall have no proprietary interest in the business of the

primary, delegated or co-supervisor and shall not serve in any capacity that

would hold influence over the primary, delegated or co-supervisor's judgment

in providing supervision.

(4) Neither the primary supervisor nor any delegated or co-supervisor shall

receive payment, monetary or otherwise, from the trainee for the purpose of

providing supervision.

(5) The trainee will not function under any other license with the same

client or in the same setting during the supervised experience accrued pursuant

to the plan.

(6) A clear and accurate record of the trainee's supervision shall be

maintained. The trainee shall maintain this record in an SPE log pursuant to

section 1387.5 but shall also include information relevant to the co-supervisor;

163

Regulations

CALIFORNIA CODE OF REGULATIONS

(7) Except as provided in section 1391.5(c), a primary supervisor who is

a licensed psychologist may delegate supervision pursuant to section 1387.2.

(8) If the primary supervisor is unlicensed, the trainee shall also obtain a

co-supervisor who meets the requirements of subsection (f).

(d) Qualifications and Responsibilities of Primary Supervisors

The primary supervisor shall:

(1) possess a degree that meets the requirements of section 2914(b) of the

Code;

(2) meet the requirements of section 2913 of the Code if supervising a

psychological assistant;

(3) if licensed, possess and maintain a valid, active license issued by the

Board free of any formal disciplinary action during the period of supervision

covered by the plan. The primary supervisor shall notify the trainee of any

disciplinary action that disqualifies him or her from providing supervision.

If not licensed, the primary supervisor shall never have been denied, or

possessed a professional license for providing psychological or other mental

health services issued by any jurisdiction that was subject to discipline, or

surrendered with charges pending;

(4) be employed or contracted by the same organization as the trainee;

(5) be available to the trainee 100% of the time the trainee is accruing SPE

pursuant to the plan. This availability may be in person, through telephone,

pager or other appropriate technology(ies);

(6) if licensed, complete a minimum of six hours of supervision coursework

every two years as described in section 1387.1(b);

(7) ensure that all parties work together throughout the training experience

to ensure that the trainee will be engaged in duties that are considered doctoral

level;

(8) maintain ongoing communication between all parties regarding

supervisory needs and experiences;

(9) ensure that all parties to the plan comply at all times with the provisions

of the Psychology Licensing Law or the Medical Practice Act, whichever might

apply, and the regulations adopted pursuant to these laws;

(10) ensure that all SPE accrued under the plan complies with the Ethical

Principles and Code of Conduct of the American Psychological Association;

(11) monitor the welfare of the trainee's clients;

(12) ensure that each client of the trainee is informed prior to rendering of

services by the trainee that the trainee is unlicensed and is functioning under

the direction and supervision of the primary supervisor;

(13) monitor the performance and professional development of the trainee

which shall include socialization into the practice of psychology;

(14) have the education, training, and experience in the area(s) of

psychological practice for which they are providing supervision;

(15) have or have had no familial, intimate, sexual, social, or professional

relationship with the trainee which could compromise the supervisor's

effectiveness, or would violate the Ethical Principles and Code of Conduct of

the American Psychological Association;

(16) not supervise a trainee who is a current or former client of psychological

services provided by the supervisor; and

164

BOARD OF PSYCHOLOGY

Regulations

(17) monitor the supervision performance of all delegated supervisors and

co-supervisors.

(e) Qualifications and Responsibilities of Delegated Supervisors

Except as provided in section 1391.5, which regulates the supervision of

psychological assistants, primary supervisors may delegate supervision to

other qualified psychologists or to other qualified mental health professionals

including licensed marriage and family therapists, licensed educational

psychologists, licensed clinical social workers and board certified psychiatrists.

The delegated supervisor shall:

(1) possess and maintain a valid, active license free of any formal

disciplinary action during the period covered by the plan. The supervisor shall

notify the trainee of any disciplinary action that disqualifies him or her from

providing supervision;

(2) be employed or contracted by the same organization as the trainee;

(3) be responsible for ensuring compliance by the trainee with the

provisions of the Psychology Licensing Law, the licensing laws of the Board of

Behavioral Sciences, or the Medical Practice Act, whichever might apply, and

the regulations adopted pursuant to these laws.

(4) ensure that all SPE accrued under the supervision delegated to them

complies with the Ethical Principles and Code of Conduct of the American

Psychological Association;

(5) monitor the welfare of the trainee's clients while under their delegated

supervision;

(6) monitor the performance and professional development of the trainee

and is responsible for reporting this performance and development to the

primary supervisor;

(7) have the education, training, and experience in the area(s) of

psychological practice to be supervised;

(8) have or have had no familial, intimate, social, sexual or professional

relationship with the trainee which could compromise the supervisor's

effectiveness, or would violate the Ethical Principles and Code of Conduct of

the American Psychological Association; and

(9) not supervise a trainee who is now or has ever been a psychotherapy

client of the supervisor.

(f) Qualifications and Responsibilities of the Co-Supervisor (This section

only applies when the primary supervisor is not licensed)

The co-supervisor shall:

(1) possess and maintain a valid, active license issued by the Board free of

any formal disciplinary action during the period covered by the plan. The cosupervisor

shall notify the trainee of any disciplinary action that disqualifies

him or her from providing supervision;

(2) complete a minimum of six hours of supervision coursework every two

years as described in section 1387.1(b);

(3) monitor the performance and professional development of the trainee

and is responsible for reporting this performance and development to the

primary supervisor;

(4) not supervise a trainee who is a current or former client of psychological

services provided by the supervisor;

165

Regulations

CALIFORNIA CODE OF REGULATIONS

(5) have or have had no familial, intimate, social, sexual or professional

relationship with the trainee which could compromise the supervisor's

effectiveness, or would violate the Ethical Principles and Code of Conduct of

the American Psychological Association;

(6) ensure that all parties work together throughout the training experience

to ensure that the trainee will be engaged in duties that are considered doctoral

level;

(7) maintain ongoing communication between all parties regarding

supervisory needs and experiences; and

(8) not supervise more than five trainees under any section at any given

time.

NOTE: Authority cited: Section 2930, Business and Professions Code. Reference: Section

2914, Business and Professions Code.

History

1. New section filed 7-6-2000; operative 8-5-2000 (Register 2000, No. 27). For prior history see

Register 93, No. 34.

2. Editorial correction deleting former section 1387.3 "Qualifications of Supervisors'' which

expired by its own term effective 12-31-2000 (Register 2003, No. 1).

3. Amendment of section heading and section filed 12-16-2004; operative 1-1-2005 pursuant to

Government Code section 11343.4 (Register 2004, No. 51).

4. New first paragraph and amendment of subsection (a) filed 7-28-2005; operative 8-27-2005

(Register 2005, No. 30).

5. Amendment of section heading and section filed 4-24-2008; operative 5-24-2008 (Register 2008,

No. 17).

6. Change without regulatory effect amending section filed 12-5-2018 pursuant to section 100,

title 1, California Code of Regulations (Register 2018, No. 49).

§ 1387.4. Out of State Experience.

(a) All out of state SPE must be (1) supervised by a primary supervisor who

is a psychologist licensed at the doctoral level in the state, U.S. territory or

Canadian province in which the SPE is taking place, (2) in compliance with all

laws and regulations of the jurisdiction in which the experience was accrued

and (3) in substantial compliance with all the supervision requirements of

section 1387.

(b) Supervised professional experience can be accrued at a U.S. military

installation so long as the experience is supervised by a qualified psychologist

licensed at the doctoral level in the U.S. or Canada.

(c) SPE can be accrued in countries outside the U.S. or Canada which

regulate the profession of psychology pursuant to the same requirements as

set forth in section 2914 of the Code. SPE accrued in countries outside the U.S.,

its Territories or Canada must comply with all the supervision requirements of

section 1387. The burden shall be upon the applicant to provide the necessary

documentation and translation that the Board may require to verify the

qualification of the SPE.

NOTE: Authority cited: Section 2930, Business and Professions Code. Reference: Section

2914, Business and Professions Code.

History

1. New section filed 7-6-2000; operative 8-5-2000 (Register 2000, No. 27).

166

BOARD OF PSYCHOLOGY

Regulations

2. Amendment filed 12-16-2004; operative 1-1-2005 pursuant to Government Code section

11343.4 (Register 2004, No. 51).

3. Change without regulatory effect amending subsection (c) filed 12-5-2018 pursuant to section

100, title 1, California Code of Regulations (Register 2018, No. 49).

§ 1387.5. SPE Log.

(a) The trainee shall maintain a written weekly log of all hours of SPE

earned toward licensure. The log shall contain a weekly accounting of the

following information and shall be made available to the Board upon request:

(1) The specific work setting in which the SPE took place.

(2) The specific dates for which the log is being completed.

(3) The number of hours worked during the week.

(4) The number of hours of supervision received during the week.

(5) An indication of whether the supervision was direct, individual, face-toface,

group, or other (specifically listing each activity).

(6) An indication of whether the SPE performed that week was satisfactory.

(b) This log must also contain the following information:

(1) The trainee's legibly printed name, signature and date signed.

(2) The primary supervisor's legibly printed name, signature, license type

and number, and date signed.

(3) Any delegated supervisors' legibly printed name, license type and

number, and date signed.

(4) A description of the psychological duties performed during the period of

supervised professional experience.

(5) A statement signed by the primary supervisor attesting to the accuracy

of the information.

(c) When SPE is accrued as part of a formal internship, the internship

training director shall be authorized to provide all information required in

section 1387.5(b).

NOTE: Authority cited: Section 2930, Business and Professions Code. Reference: Section

2914, Business and Professions Code.

History

1. New section filed 7-6-2000; operative 8-5-2000 (Register 2000, No. 27). For prior history, see

Register 83, No. 25.

2. Editorial correction deleting former section 1387.5 "Pre-Doctoral Experience'' which expired by

its own term effective 12-31-2000 (Register 2003, No. 1).

3. Repealer of first paragraph and amendment of subsections (a) and (b)(1) filed 12-16-2004;

operative 1-1-2005 pursuant to Government Code section 11343.4 (Register 2004, No. 51).

4. New subsection (a)(6) filed 7-28-2005; operative 8-27-2005 (Register 2005, No. 30).

5. Change without regulatory effect amending subsection (a) filed 12-5-2018 pursuant to section

100, title 1, California Code of Regulations (Register 2018, No. 49).

§ 1387.6. Psychological Assistants.

In order to accrue hours of SPE, a psychological assistant shall at all times

be in compliance with the supervision requirements of section 1387 and with

the requirements for psychological assistants set forth in Article 5.1 of this

chapter. A psychological assistant accruing SPE in a private setting shall

submit a plan for SPE to the Board for approval as provided for in section

1387(b)(11). The proposed supervision plan submitted by the psychological

167

Regulations

CALIFORNIA CODE OF REGULATIONS

assistant for approval shall be signed by all participants involved. It shall

describe the qualifications and responsibilities of the supervisor and/or the

delegated supervisor. The plan shall be developed for, and shall demonstrate

appropriate preparation of, the psychological assistant to practice effectively,

and within the specific private practice setting. The plan shall address how

the quality of work done by the psychological assistant will be monitored and

assure protection of the client.

NOTE: Authority cited: Section 2930, Business and Professions Code. Reference: Sections 2913

and 2914, Business and Professions Code.

History

1. New section filed 12-16-2004; operative 1-1-2005 pursuant to Government Code section 11343.4

(Register 2004, No. 51). For prior history, see Register 2002, No. 8.

2. Amendment filed 7-28-2005; operative 8-27-2005 (Register 2005, No. 30).

3. Amendment of section and Note filed 7-24-2009; operative 8-23-2009 (Register 2009, No. 30).

§ 1387.7. Registered Psychologists.

Persons working as registered psychologists pursuant to section 2909 of

the Code in order to accrue postdoctoral hours of SPE shall at all times be in

compliance with the supervision requirements of section 1387 and with the

requirements for registered psychologists set forth in Article 5 of this chapter.

NOTE: Authority cited: Section 2930, Business and Professions Code. Reference: Section

2909, Business and Professions Code.

History

1. New section filed 12-16-2004; operative 1-1-2005 pursuant to Government Code section 11343.4

(Register 2004, No. 51). For prior history, see Register 2002, No. 8.

2. Change without regulatory effect amending section filed 12-5-2018 pursuant to section 100,

title 1, California Code of Regulations (Register 2018, No. 49).

ARTICLE 4.

Examination

§ 1388. Examinations.

(a) The Board recognizes the expertise of the Department of Consumer

Affairs' (DCA) Office of Professional Examination Services (OPES). The Board

shall utilize the services of the OPES in licensing examination development

and validation through an interagency agreement.

(b) An applicant shall successfully take and pass the licensing examinations

prior to being licensed. The licensing examination shall consist of the

Association of State and Provincial Psychology Boards' (ASPPB) Examination

for Professional Practice in Psychology (EPPP), and the California Psychology

Laws and Ethics Examination (CPLEE), except that the EPPP shall be waived

for those applicants who meet the criteria in section 1388.6 of this chapter.

Such applicants shall be required to take and pass the CPLEE.

(c) An applicant is eligible to take the EPPP upon completion of a qualifying

doctorate degree and 1500 hours of qualifying professional experience. An

applicant shall pass the EPPP and complete all 3000 hours of supervised

168

BOARD OF PSYCHOLOGY

Regulations

professional experience prior to being eligible for the CPLEE, whichever is

applicable, pursuant to section 1388.6.

(d) Upon application, the Board will notify applicants of their eligibility to

take the EPPP. Applicants are responsible for completing any administrative

requirements for taking the EPPP established by ASPPB or its agent, including

paying any fees. This subsection applies to those re-taking the EPPP as well as

to those taking it for the first time.

(e) For forms of the EPPP taken prior to September 1, 2001, the passing

score is the score that was recognized by the Board at that time. For computer

administered forms of the EPPP, the Board shall apply a scaled score as

recommended by ASPPB.

(f) Qualified applicants desiring to take the CPLEE shall submit to the

Board the fee set forth in section 1392 of this chapter. Applicants shall comply

with all instructions established by the DCA examination vendor for taking

the CPLEE.

(g) The passing score on the CPLEE shall be determined for each form of

the examination by a criterion referenced procedure performed by OPES.

(h) An applicant for whom English is his or her second language may be

eligible for additional time when taking the EPPP and/or the CPLEE. The

applicant must complete and submit a request for additional time that states

under penalty of perjury that English is his or her second language. The Test

of English as a Foreign Language (TOEFL) certification score of 85 or below

must be sent by Educational Testing Service directly to the Board. The TOEFL

must have been taken within the previous two years prior to application. If

approved, the applicant will be allotted time-and-a-half (1.5x) when taking the

examination.

NOTE: Authority cited: Sections 2930 and 2942, Business and Professions Code. Reference:

Sections 123, 496, 2941, 2942, 2943 and 2960, Business and Professions Code.

History

1. Amendment filed 12-22-76; effective thirtieth day thereafter (Register 76, No. 52).

2. Amendment of subsection (b) filed 2-14-77; effective thirtieth day thereafter (Register 77, No.

8).

3. Repealer and new section filed 11-21-77; effective thirtieth day thereafter (Register 77, No. 48).

4. Amendment of subsection (b) filed 4-26-79; effective thirtieth day thereafter (Register 79, No.

17).

5. Amendment filed 6-15-83; effective thirtieth day thereafter (Register 83, No. 25).

6. Change without regulatory effect pursuant to section 100, title 1, California Code of Regulations

filed 3-5-90 (Register 90, No. 20).

7. Amendment of subsection (b) and Note filed 6-14-93; operative 7-1-93 pursuant to Government

Code section 11346.2(d) (Register 93, No. 25).

8. Amendment of subsection (c) and Note filed 8-11-95; operative 9-10-95 (Register 95, No. 32).

9. Amendment of subsection (b) filed 1-8-99 as an emergency; operative 1-8-99 (Register 99, No.

2). A Certificate of Compliance must be transmitted to OAL by 5-10-99 or emergency language will be

repealed by operation of law on the following day.

10. Certificate of Compliance as to 1-8-99 order transmitted to OAL 5-7-99 and filed 6-15-99

(Register 99, No. 25).

11. Amendment of subsections (a)-(c) and new subsections (d)-(g) filed 7-11-2001; operative 8-10-

2001 (Register 2001, No. 28).

169

Regulations

CALIFORNIA CODE OF REGULATIONS

12. Change without regulatory effect amending subsection (f) filed 8-13-2001 pursuant to section

100, title 1, California Code of Regulations (Register 2001, No. 33).

13. Amendment of subsections (a)-(c) and (e) and new subsections (h)-(i) filed 12-19-2001 as

an emergency; operative 1-1-2002 (Register 2001, No. 51). A Certificate of Compliance must be

transmitted to OAL by 5-1-2002 or emergency language will be repealed by operation of law on the

following day.

14. Certificate of Compliance as to 12-19-2001 order transmitted to OAL 1-8-2002 and filed 2-20-

2002 (Register 2002, No. 8).

15. Amendment filed 2-11-2003; operative 3-1-2003 pursuant to Government Code section

11343.4 (Register 2003, No. 7).

16. Amendment of subsections (b), (c), (f) and (g) filed 5-12-2006; operative 5-12-2006 pursuant to

Government Code section 11343.4 (Register 2006, No. 19).

17. Amendment of subsections (b), (c), (f) and (g) filed 4-1-2008; operative 4-1-2008 pursuant to

Government Code section 11343.4 (Register 2008, No. 14).

18. Amendment of subsections (a)-(c) and (e)-(g) and new subsection (h) filed 6-10-2015; operative

7-1-2015 pursuant to Government Code section 11343.4(b)(3) (Register 2015, No. 24).

19. Change without regulatory effect amending section filed 12-5-2018 pursuant to section 100,

title 1, California Code of Regulations (Register 2018, No. 49).

§ 1388.6. License Requirements and Waiver of Examination.

(a) When a California-licensed psychologist has been licensed for at least

five years and has allowed his/her license to cancel by not renewing the license

for at least three years, the psychologist shall not be required to take the EPPP.

(b) If an applicant for licensure as a psychologist has been licensed in

another state, Canadian province, or U.S. territory, for at least five years the

applicant shall not be required to take the EPPP.

(c) An applicant for licensure as a psychologist who holds a Certificate

of Professional Qualification (CPQ) issued by the Association of State and

Provincial Psychology Boards (ASPPB), shall not be required to take the EPPP.

Such an applicant shall be deemed to have met the educational and experience

requirements of subdivisions (b) and (c) of Code section 2914.

(d) An applicant for licensure as a psychologist who is credentialed as a

Health Service Provider in Psychology by the National Register of Health

Service Providers in Psychology (NRHSPP) and has been licensed based on

a doctoral degree in another state, Canadian province, or U.S. territory for a

minimum of five years shall not be required to take the EPPP. Such an applicant

shall be deemed to have met the educational and experience requirements of

subdivisions (b) and (c) of Code section 2914.

(e) An applicant for licensure as a psychologist who is certified by the

American Board of Professional Psychology (ABPP) and has been licensed

based on a doctoral degree in another state, Canadian province, or U.S.

territory for a minimum of five years shall not be required to take the EPPP.

Such an applicant shall be deemed to have met the educational and experience

requirements of subdivisions (b) and (c) of Code section 2914.

(f) Although the EPPP is waived under this section, an applicant must

file a complete application and meet all current licensing requirements not

addressed above, including payment of any fees, take and pass the California

170

BOARD OF PSYCHOLOGY

Regulations

Psychology Law and Ethics Examination (CPLEE), and not been subject to

discipline.

NOTE: Authority cited: Sections 2930 and 2946, Business and Professions Code. Reference:

Section 2946, Business and Professions Code.

History

1. New section filed 3-13-97; operative 4-12-97 (Register 97, No. 11).

2. Amendment of subsections (a)-(c), new subsection (d), subsection relettering, and amendment

of newly designated subsection (e) filed 12-1-98; operative 12-31-98 (Register 98, No. 49).

3. Amendment filed 4-5-2001; operative 5-5-2001 (Register 2001, No. 14).

4. Amendment filed 12-19-2001 as an emergency; operative 1-1-2002 (Register 2001, No. 51). A

Certificate of Compliance must be transmitted to OAL by 5-1-2002 or emergency language will be

repealed by operation of law on the following day.

5. Certificate of Compliance as to 12-19-2001 order transmitted to OAL 1-8-2002 and filed 2-20-

2002 (Register 2002, No. 8).

6. Amendment of section heading and section filed 8-7-2003; operative 9-6-2003 (Register 2003,

No. 32).

7. Amendment of subsection (f) filed 5-12-2006; operative 5-12-2006 pursuant to Government

Code section 11343.4 (Register 2006, No. 19).

8. New subsection (e) and subsection relettering filed 4-9-2007; operative 5-9-2007 (Register 2007,

No. 15).

9. Amendment filed 4-1-2008; operative 4-1-2008 pursuant to Government Code section 11343.4

(Register 2008, No. 14).

10. Amendment filed 6-10-2015; operative 7-1-2015 pursuant to Government Code section

11343.4(b)(3) (Register 2015, No. 24).

§ 1389. Reconsideration of Examinations.

(a) There shall be no reconsideration of the grade received on the EPPP or

on the CPLEE.

(b) Nothing in this section shall be construed to deprive an applicant of his

or her rights of appeal as afforded by other provisions of law.

NOTE: Authority cited: Section 2930, Business and Professions Code. Reference: Sections 2942

and 2944, Business and Professions Code.

History

1. Repealer and new section filed 2-14-77; effective thirtieth day thereafter (Register 77, No. 8).

2. Amendment filed 11-21-77; effective thirtieth day thereafter (Register 77, No. 48).

3. Amendment of subsection (c) filed 4-26-79; effective thirtieth day thereafter (Register 79, No.

17).

4. Amendment of subsections (b) and (c) filed 2-28-80; effective thirtieth day thereafter (Register

80, No. 9).

5. Amendment filed 6-15-83; effective thirtieth day thereafter (Register 83,No. 25).

6. Change without regulatory effect pursuant to section 100, Title 1, California Code of Regulations

filed 3-5-90 (Register 90, No. 20).

7. Amendment of subsection (a), repealer of subsection (b), subsection relettering, and amendment

of newly designated subsection (c) filed 8-11-95; operative 9-10-95 (Register 95, No. 32).

8. Repealer of subsections (a)-(b), subsection relettering, and amendment of newly designated

subsection (a) filed 12-19-2001 as an emergency; operative 1-1-2002 (Register 2001, No. 51). A

Certificate of Compliance must be transmitted to OAL by 5-1-2002 or emergency language will be

repealed by operation of law on the following day.

171

Regulations

CALIFORNIA CODE OF REGULATIONS

9. Certificate of Compliance as to 12-19-2001 order transmitted to OAL 1-8-2002 and filed 2-20-

2002 (Register 2002, No. 8).

10. Amendment of subsection (a) filed 5-12-2006; operative 5-12-2006 pursuant to Government

Code section 11343.4 (Register 2006, No. 19).

11. Amendment of subsection (a) filed 6-10-2015; operative 7-1-2015 pursuant to Government

Code section 11343.4(b)(3) (Register 2015, No. 24).

§ 1389.1. Inspection of Examinations.

(a) All examination materials, except those owned by an examination

service, shall be retained by the Board at the Board's office in Sacramento for

a period of two (2) years after the date of the examination.

(b) No inspection is allowed of the written examination administered by

the Board.

NOTE: Authority cited: Section 2930, Business and Professions Code. Reference: Sections

2942 and 2944, Business and Professions Code; and Section 12944, Government Code.

History

1. Renumbering of former section 1390 to new section 1389.1 filed 12-16-2004; operative 1-1-2005

pursuant to Government Code section 11343.4 (Register 2004, No. 51).

2. Change without regulatory effect amending section filed 12-5-2018 pursuant to section 100,

title 1, California Code of Regulations (Register 2018, No. 49).

ARTICLE 5.

Registered Psychologists

§ 1390. Citation.

This article may be cited and referred to as the "Registered Psychologist

Regulations.''

Note: Authority cited: Section 2930, Business and Professions Code. Reference: Section 2909,

Business and Professions Code.

History

1. Amendment filed 12-22-76; effective thirtieth day thereafter (Register 76, No. 52).

2. Editorial correction (Register 77, No. 15).

3. Amendment filed 11-21-77; effective thirtieth day thereafter (Register 77, No. 48).

4. New subsection (c) filed 4-26-79; effective thirtieth day thereafter (Register 79, No. 17).

5. Amendment filed 6-15-83; effective thirtieth day thereafter (Register 83, No. 25).

6. Change without regulatory effect pursuant to section 100, Title 1, California Code of Regulations

filed 3-5-90 (Register 90, No. 20).

7. Amendment of subsections (a)-(b) filed 8-11-95; operative 9-10-95 (Register 95, No. 32).

8. Change without regulatory effect repealing subsection (b) and relettering former subsection (c)

to new subsection (b) filed 4-7-2003 pursuant to section 100, title 1, California Code of Regulations

(Register 2003, No. 15).

9. Relocation and amendment of article 5 heading from preceding section 1391 to preceding section

1390, renumbering of former section 1390 to section 1389.1 and renumbering of former section 1391

to section 1390 filed 12-16-2004; operative 1-1-2005 pursuant to Government Code section 11343.4

(Register 2004, No. 51).

10. Amendment of article heading, section and Note filed 7-28-2005; operative 8-27-2005 (Register

2005, No. 30).

172

BOARD OF PSYCHOLOGY

Regulations

§ 1390.1. Registration.

Any person desiring to register at a qualifying agency as a registered

psychologist shall submit an application on a form provided by the Board.

NOTE: Authority cited: Section 2930, Business and Professions Code. Reference: Section

2909, Business and Professions Code.

History

1. New section filed 12-16-2004; operative 1-1-2005 pursuant to Government Code section 11343.4

(Register 2004, No. 51).

2. Change without regulatory effect amending section filed 12-5-2018 pursuant to section 100,

title 1, California Code of Regulations (Register 2018, No. 49).

§ 1390.2. Withdrawal of Applications.

Applications for registration which have not been completed within ninety

(90) days after additional information has been requested shall be deemed to

be withdrawn.

Note: Authority cited: Section 2930, Business and Professions Code. Reference: Section 2909,

Business and Professions Code.

History

1. New section filed 12-16-2004; operative 1-1-2005 pursuant to Government Code section 11343.4

(Register 2004, No. 51).

§ 1390.3. Statement of Purpose.

A person meeting the requirements set forth in section 2909(d) of the Code,

may provide psychological services under supervision at a non-profit community

agency that receives at least 25% of its funding from a governmental source for

the purpose of training and providing services so long as that person registers

with the Board as a registered psychologist. The employing agency must

provide the Board with evidence of the requisite level of government funding.

(a) The registered psychologist is authorized to function only in the agency

to which he or she is registered and only after a registration number has been

issued by the Board;

(b) The registration shall be in effect for a period of 30 months from the

date of issuance and cannot be renewed and the registrant cannot re-register

as a registered psychologist to the same agency;

(c) The registered psychologist shall at all times be under the primary

supervision of a qualified licensed psychologist who is employed by the same

agency. The primary supervisor shall be available to the trainee 100% of the

time that the trainee is working in such a capacity. This availability can be inperson,

by telephone, by pager or by other appropriate technology.

(1) The primary supervisor shall comply with the coursework requirements

set forth in section 1387.1(b) of the Code.

(2) The primary supervisor shall ensure that a plan is in place in the event

a patient/client crisis or emergency occurs during any time the supervisor is

not physically present at the established site at which the trainee is working.

The primary supervisor shall ensure that the trainee thoroughly understands

the plan in the event of such an emergency.

(d) In order to qualify as "supervised professional experience'' pursuant

to section 2914(c) of the Code, experience gained as a registered psychologist

must comply with section 1387.

173

Regulations

CALIFORNIA CODE OF REGULATIONS

(e) Each patient or client of a registered psychologist shall be informed,

prior to the rendering of services, that the registrant is unlicensed and under

the supervision of a qualified licensed psychologist as an employee of the agency

and that the supervisor shall have access to the patient's chart in fulfilling his/

her supervisorial duties.

(f) No supervisor or employing agency of a registered psychologist may

charge a fee or otherwise require monetary payment in consideration for the

employment or supervision of a registered psychologist.

NOTE: Authority cited: Section 2930, Business and Professions Code. Reference: Section

2909, Business and Professions Code.

History

1. New section filed 12-16-2004; operative 1-1-2005 pursuant to Government Code section 11343.4

(Register 2004, No. 51).

2. Amendment of subsection (c)(1) filed 7-28-2005; operative 8-27-2005 (Register 2005, No. 30).

3. Amendment of subsection (b) filed 4-27-2007; operative 5-27-2007 (Register 2007, No. 17).

4. Change without regulatory effect amending first paragraph and subsections (a), (c)(1) and (d)

filed 12-5-2018 pursuant to section 100, title 1, California Code of Regulations (Register 2018, No.

49).

ARTICLE 5.1.

Psychological Assistants

§ 1391. Citation.

This article may be cited and referred to as the "Psychological Assistant

Regulations.''

Note: Authority cited: Section 2930, Business and Professions Code. Reference: Section 2913,

Business and Professions Code.

History

1. New Article 4.5 (Sections 1391-1391.14) filed 11-21-77; effective thirtieth day thereafter

(Register 77, No. 48).

2. Renumbering of Article 4.5 to Article 5 filed 4-26-79; effective thirtieth day thereafter (Register

79, No. 17).

3. Amendment filed 6-15-83; effective thirtieth day thereafter (Register 83, No. 25).

4. Relocation and amendment of article 5 heading from preceding section 1391 to preceding

section 1390 and renumbering of former section 1391 to section 1390 filed 12-16-2004; operative 1-1-

2005 pursuant to Government Code section 11343.4 (Register 2004, No. 51).

5. New article 5.1 and new section filed 7-28-2005; operative 8-27-2005 (Register 2005, No. 30).

§ 1391.1. Registration; Limitation of Registration Period.

(a) Any person desiring to supervise a psychological assistant shall submit

an application on a form provided by the Board.

(b) Registration as a psychological assistant shall be limited to a cumulative

total of six years (72 months). Each registration shall be subject to annual

renewal pursuant to section 1391.12.

For any psychological assistant registered prior to the effective date of

this subdivision, subsequent renewals or registrations shall be limited to a

174

BOARD OF PSYCHOLOGY

Regulations

cumulative total of six years (72 months) from the date of the psychological

assistant's next registration or renewal, whichever occurs first.

Upon showing of good cause as determined by the Board, these specified

time limitations may be reasonably modified.

NOTE: Authority cited: Section 2930, Business and Professions Code. Reference: Section 2913,

Business and Professions Code.

History

1. Amendment filed 4-26-79; effective thirtieth day thereafter (Register 79, No. 17).

2. Amendment filed 6-15-83; effective thirtieth day thereafter (Register 83, No. 25).

3. Change without regulatory effect pursuant to section 100, Title 1, California Code of Regulations

filed 3-5-90 (Register 90, No. 20).

4. Amendment of section heading and section filed 9-23-2010; operative 10-23-2010 (Register

2010, No. 39).

§ 1391.2. Withdrawal of Applications.

Applications for registration which have not been completed within ninety

(90) days after additional information has been requested shall be deemed to

be withdrawn.

§ 1391.3. Required Training.

Any person who possesses a doctorate degree which will qualify for licensure

as a psychologist pursuant to Section 2914 of the Code, shall be deemed to have

completed "one fully matriculated year of graduate training in psychology'' and

will be eligible for registration as a psychological assistant upon compliance

with other provisions of Section 2913 of the Code.

NOTE: Authority cited: Section 2930, Business and Professions Code. Reference: Section

2913, Business and Professions Code.

History

1. Amendment filed 6-15-83; effective thirtieth day thereafter (Register 83, No. 25).

2. Amendment filed 12-16-2004; operative 1-1-2005 pursuant to Government Code section

11343.4 (Register 2004, No. 51).

3. Change without regulatory effect amending section filed 12-5-2018 pursuant to section 100,

title 1, California Code of Regulations (Register 2018, No. 49).

§ 1391.4. Limited Psychological Functions.

As used in Section 2913 of the Code, the phrase "limited psychological

functions'' means those functions which are performed under the direction and

supervision of the qualified supervisor pursuant to the American Psychological

Association's (APA) January 1, 1997 version of the Guidelines and Principles

for Accreditation of Programs in Professional Psychology and the APA Code of

Conduct and Ethical Principles.

NOTE: Authority cited: Section 2930, Business and Professions Code. Reference: Section

2913, Business and Professions Code.

History

1. Amendment of section and new Note filed 12-16-2004; operative 1-1-2005 pursuant to

Government Code section 11343.4 (Register 2004, No. 51).

2. Change without regulatory effect amending section filed 12-5-2018 pursuant to section 100,

title 1, California Code of Regulations (Register 2018, No. 49).

175

Regulations

CALIFORNIA CODE OF REGULATIONS

§ 1391.5. Statement of Purpose; Supervision Required.

(a) A psychological assistant shall be under the direction and supervision

of a licensed psychologist or board-certified psychiatrist who is employed in

the same setting in which the psychological assistant is employed. A licensed

psychologist who is supervising psychological assistants must comply with the

supervision course requirements set forth in section 1387.1.

(b) The supervisor shall provide a minimum of one (1) hour per week of

individual supervision to the psychological assistant, unless more such

supervision is required under Section 1387 or by the nature of the psychological

functions performed by the psychological assistant.

(c) A registered psychological assistant employed by one of the organizations

specified in section 2913 of the Code may receive delegated supervision

pursuant to section 1387(c) from a qualified psychologist or a board certified

psychiatrist other than the supervisor to whom he/she is registered if the

delegated supervisor is also employed within the same organization. Otherwise,

supervision may not be delegated under a psychological assistant registration.

NOTE: Authority cited: Section 2930, Business and Professions Code. Reference: Section

2913, Business and Professions Code.

History

1. Amendment filed 12-29-88; operative 12-29-88 (Register 89, No. 2).

2. Amendment filed 12-16-2004; operative 1-1-2005 pursuant to Government Code section

11343.4 (Register 2004, No. 51).

3. Change without regulatory effect amending subsection (c) filed 12-5-2018 pursuant to section

100, title 1, California Code of Regulations (Register 2018, No. 49).

§ 1391.6. Supervisor's Responsibility.

(a) Every supervisor of a psychological assistant shall be responsible

for supervising the psychological functions performed by the psychological

assistant and ensuring that the extent, kind and quality of the psychological

functions performed by the assistant are consistent with the supervisor's

training and experience, and that the assistant complies with the provisions

of the Code, the Board's regulations, and the standards established by the

American Psychological Association.

(b) The supervisor shall inform each client or patient prior to the rendering

of services by the psychological assistant that the assistant is unlicensed and

is under the direction and supervision of the supervisor as an employee and

that the supervisor shall have access to the patient's chart in fulfilling his/her

supervision duties.

(c) The supervisor shall be available to the assistant 100% of the time the

assistant is performing psychological functions. The availability can be inperson,

by telephone, by pager or by other appropriate technology.

(d) The supervisor shall ensure that a plan is in place to protect the patient

or client in the event a patient/client crisis or emergency occurs during any

time the supervisor is not physically present at the established site at which

the supervisee is working. The supervisor shall ensure that the supervisee

thoroughly understands the plan in the event a patient crisis or emergency

occurs.

176

BOARD OF PSYCHOLOGY

Regulations

NOTE: Authority cited: Section 2930, Business and Professions Code. Reference: Section

2913, Business and Professions Code.

History

1. Amendment filed 6-15-83; effective thirtieth day thereafter (Register 83, No. 25).

2. Amendment filed 12-29-88; operative 12-29-88 (Register 89, No. 2).

3. Change without regulatory effect pursuant to section 100, Title 1, California Code of Regulations

filed 3-5-90 (Register 90, No. 20).

4. Amendment filed 12-16-2004; operative 1-1-2005 pursuant to Government Code section

11343.4 (Register 2004, No. 51).

5. Change without regulatory effect amending subsection (a) filed 12-5-2018 pursuant to section

100, title 1, California Code of Regulations (Register 2018, No. 49).

§ 1391.7. Supervised Professional Experience.

In order to qualify as "supervised professional experience'' pursuant to

Section 2914(c) of the Code, experience gained as a psychological assistant

must comply with Section 1387.

NOTE: Authority cited: Section 2930, Business and Professions Code. Reference: Section

2913, Business and Professions Code.

History

1. Amendment filed 6-15-83; effective thirtieth day thereafter (Register 83, No. 25).

2. Change without regulatory effect amending section filed 1-18-2002 pursuant to section 100,

title 1, California Code of Regulations (Register 2002, No. 3).

3. Change without regulatory effect amending section filed 12-5-2018 pursuant to section 100,

title 1, California Code of Regulations (Register 2018, No. 49).

§ 1391.8. Employer-Employee Business Relationship.

(a) No supervisor or employer of a psychological assistant may charge a fee

or otherwise require monetary payment in consideration for the employment

or supervision of a psychological assistant. The supervisor or employer shall

supply all provisions necessary to function as a psychological assistant.

(b) The psychological assistant shall have no proprietary interest in the

business of the supervisor or the employer.

(c) The psychological assistant shall not rent, lease, sublease, or leasepurchase

office space from any entity for purposes of functioning as a

psychological assistant.

Note: Authority cited: Section 2930, Business and Professions Code. Reference: Section 2913,

Business and Professions Code.

History

1. Amendment filed 12-29-88; operative 12-29-88 (Register 89, No. 2).

2. Amendment filed 12-16-2004; operative 1-1-2005 pursuant to Government Code section

11343.4 (Register 2004, No. 51).

§ 1391.10. Annual Reports.

On or before the expiration of a registration, every supervisor of a

psychological assistant shall submit to the Board on a form provided by the

Board a report for the registration period showing:

(a) The nature of the psychological functions performed by the psychological

assistant being supervised.

(b) Certification of employment.

177

Regulations

CALIFORNIA CODE OF REGULATIONS

(c) The locations at which the psychological assistant provided the

psychological functions and the type, extent and amount of supervision.

(d) A certification that the psychological functions performed by the

psychological assistant were performed at a level satisfactory to ensure safety

to the public.

NOTE: Authority cited: Section 2930, Business and Professions Code. Reference: Section 2913,

Business and Professions Code.

History

1. Amendment filed 6-15-83; effective thirtieth day thereafter (Register 83, No. 25).

2. Amendment filed 12-29-88; operative 12-29-88 (Register 89, No. 2).

3. Change without regulatory effect pursuant to section 100, Title 1, California Code of Regulations

filed 3-5-90 (Register 90, No. 20).

4. Amendment filed 12-16-2004; operative 1-1-2005 pursuant to Government Code section

11343.4 (Register 2004, No. 51).

5. Amendment of first paragraph and subsection (a) filed 7-24-2009; operative 8-23-2009 (Register

2009, No. 30).

§ 1391.11. Notification of Termination.

Within thirty (30) days after the termination of the employment of a

psychological assistant, the employer shall notify the Board in writing of such

termination, setting forth the date thereof.

NOTE: Authority cited: Section 2930, Business and Professions Code. Reference: Section

2913, Business and Professions Code.

History

1. Change without regulatory effect pursuant to section 100, Title 1, California Code of Regulations

filed 3-5-90 (Register 90, No. 20).

2. Change without regulatory effect amending section filed 12-5-2018 pursuant to section 100,

title 1, California Code of Regulations (Register 2018, No. 49).

§ 1391.12. Psychological Assistant Renewals.

(a) A new registration shall expire one year after issuance. The registration

of a psychological assistant shall be renewed by the employer annually, on or

before its expiration.

(b) A registration renewed 30 days after its expiration must be accompanied

by the delinquency fee required in section 1392.1 in order to be renewed.

(c) A psychological assistant who has been registered with the Board but

whose registration has expired and has not been renewed by the employer

shall not function as a psychological assistant.

(d) A psychological assistant employed and registered by more than one

employer shall have his or her registration renewed by each employer.

(e) A registration not renewed within 60 days after its expiration shall

become void and a new application for registration shall be submitted by the

employer.

NOTE: Authority cited: Section 2930, Business and Professions Code. Reference: Section 2913,

Business and Professions Code.

History

1. Amendment filed 6-15-83; effective thirtieth day thereafter (Register 83, No. 25).

2. Change without regulatory effect pursuant to section 100, Title 1, California Code of Regulations

filed 3-5-90 (Register 90, No. 20).

178

BOARD OF PSYCHOLOGY

Regulations

3. Change without regulatory effect amending subsection (b) filed 10-16-2001 pursuant to section

100, title 1, California Code of Regulations (Register 2001, No. 42).

4. Amendment filed 7-24-2009; operative 8-23-2009 (Register 2009, No. 30).

ARTICLE 6.

Fees

§ 1392. Psychologist Fees.

(a) The application fee for a psychologist is $40.00.

(b) The fee for the California Psychology Laws and Ethics Examination

(CPLEE) is $129.00.

(c) An applicant taking or repeating the licensing examination shall pay

the full fee for that examination.

(d) The initial license fee and the biennial renewal fee for a psychologist are

$400.00, except that if an initial license will expire less than one year after its

issuance, then the initial license fee is an amount equal to 50 percent of the

renewal fee in effect on the last regular renewal date before the date on which

the license is issued.

(e) The biennial renewal fee for an inactive license is $40.00.

NOTE: Authority cited: Sections 2930, 2987 and 2989, Business and Professions Code.

Reference: Sections 2987, 2988 and 2989, Business and Professions Code.

History

1. Amendment of subsections (a) and (b) filed 7-10-89; operative 8-9-89 (Register 89, No. 49). For

prior history, see Register 83, No. 25.

2. New subsection (d) filed 12-1-89; operative 12-31-89 (Register 89, No. 49).

3. Amendment of subsection (c) filed 5-17-90; operative 6-16-90 (Register 90, No. 26).

4. Amendment of subsection (c) filed 5-24-91; operative 6-23-91 (Register 91, No. 27).

5. Amendment of subsections (b) and (c) and Note filed 6-14-93; operative 7-1-93 pursuant to

Government Code section 113462(d) (Register 93, No. 25).

6. Amendment of subsection (c) filed 3-8-95; operative 4-7-95 (Register 95, No. 10).

7. Amendment of subsection (b) and Note filed 3-24-97; operative 4-23-97 (Register 97, No. 13).

8. Amendment of subsection (b) filed 10-22-98; operative 11-21-98 (Register 98, No. 43).

9. Amendment of subsections (b) and (c) filed 2-14-2000; operative 3-15-2000 (Register 2000, No.

7).

10. Amendment of subsection (b) filed 4-5-2001; operative 5-5-2001 (Register 2001, No. 14).

11. Repealer of subsections (b)-(c), new subsections (b)-(e) and subsection relettering filed 12-19-

2001 as an emergency; operative 1-1-2002 (Register 2001, No. 51). A Certificate of Compliance must

be transmitted to OAL by 5-1-2002 or emergency language will be repealed by operation of law on

the following day.

12. Certificate of Compliance as to 12-19-2001 order transmitted to OAL 1-8-2002 and filed 2-20-

2002 (Register 2002, No. 8).

13. Repealer of subsection (b) and subsection relettering filed 2-11-2003; operative 3-1-2003

pursuant to Government Code section 11343.4 (Register 2003, No. 7).

14. Amendment of subsection (b) filed 5-12-2006; operative 5-12-2006 pursuant to Government

Code section 11343.4 (Register 2006, No. 19).

179

Regulations

CALIFORNIA CODE OF REGULATIONS

15. New subsection (c), subsection relettering and amendment of newly designated subsection

(e) filed 4-1-2008; operative 4-1-2008 pursuant to Government Code section 11343.4 (Register 2008,

No. 14).

16. Repealer of subsection (b), subsection relettering and amendment of newly designated

subsection (c) filed 6-10-2015; operative 7-1-2015 pursuant to Government Code section 11343.4(b)

(3) (Register 2015, No. 24).

§ 1392.1. Psychological Assistant Fees.

(a) The application fee for registration of a psychological assistant which is

payable by the supervisor is $40.00.

(b) The annual renewal fee for registration of a psychological assistant is

$40.00.

(c) The delinquency fee for a psychological assistant is $20.00.

NOTE: Authority cited: Section 2930, Business and Professions Code. Reference: Sections 2688

and 2689, Business and Professions Code.

History

1. New section filed 1-22-79 as an emergency; effective upon filing (Register 79, No. 4).

2. Certificate of Compliance filed 3-7-79 (Register 79, No. 10).

3. Amendment filed 6-15-83; effective thirtieth day thereafter (Register 83, No. 25).

ARTICLE 7.

Standards Related to Denial, Discipline, and

Reinstatement of Licenses or Registrations

§ 1393. Requirements for Psychologists on Probation.

Each psychologist who has been placed on probation by the Board shall

be subject to the Board's probation program and shall be required to fully

cooperate with the assigned probation monitor.

NOTE: Authority cited: Section 2930, Business and Professions Code. Reference: Sections

2960 and 2961, Business and Professions Code.

History

1. Repealer of former section 1393, and renumbering and amendment of former section 1395 to

section 1393 filed 6-15-83; effective thirtieth day thereafter (Register 83, No. 25). For prior history,

see Register 79, No. 17.

2. Change without regulatory effect pursuant to section 100, Title 1, California Code of Regulations

filed 3-5-90 (Register 90, No. 20).

3. Amendment filed 3-6-2003; operative 4-5-2003 (Register 2003, No. 10).

4. Amendment of article heading filed 7-23-2012; operative 8-22-2012 (Register 2012, No. 30).

5. Change without regulatory effect amending section filed 12-5-2018 pursuant to section 100,

title 1, California Code of Regulations (Register 2018, No. 49).

§ 1394. Substantial Relationship Criteria.

For the purposes of denial, suspension, or revocation of a license or

registration pursuant to Division 1.5 (commencing with Section 475) of the

Code, a crime or act shall be considered to be substantially related to the

qualifications, functions or duties of a person holding a license or registration

under the Psychology Licensing Law (Chapter 6.6 of Division 2 of the Code), if

180

BOARD OF PSYCHOLOGY

Regulations

to a substantial degree it evidences present or potential unfitness of a person

holding a license or registration to perform the functions authorized by his or

her license or registration or in a manner consistent with the public health,

safety, or welfare. Such crimes or acts shall include but not be limited to those

involving the following:

(a) Violating or attempting to violate, directly or indirectly, or assisting in

or abetting the violation of or conspiring to violate any provision or term of

that law.

(b) Conviction of a crime involving fiscal dishonesty.

NOTE: Authority cited: Sections 481 and 2930, Business and Professions Code. Reference:

Sections 481, 490, 2960 and 2963, Business and Professions Code.

History

1. Repealer of former Section 1394, and renumbering and amendment of former Section 1396 to

Section 1394 filed 6-15-83; effective thirtieth day thereafter (Register 83, No. 25). For prior history,

see Registers 79, No. 17; 76, No. 52; 75, Nos. 24 and 8; and 74, No. 8.

2. Change without regulatory effect amending first paragraph filed 12-5-2018 pursuant to section

100, title 1, California Code of Regulations (Register 2018, No. 49).

§ 1395. Rehabilitation Criteria for Denials and Reinstatements.

When considering the denial of a license or registration under section

480 of the Code, or a petition for reinstatement under section 11522 of the

Government Code, the Board in evaluating the rehabilitation of the applicant

and his or her present eligibility for a license or registration, will consider the

following criteria:

(1) The nature and severity of the act(s) or crime(s) under consideration as

grounds for denial.

(2) Evidence of any act(s) committed subsequent to the act(s) or crime(s)

under consideration as grounds for denial which also could be considered as

grounds for denial under section 480 of the Code.

(3) The time that has elapsed since commission of the act(s) or crime(s)

referred to in subdivision (1) or (2).

(4) The extent to which the applicant has complied with any terms of

parole, probation, restitution, or any other sanctions lawfully imposed against

the applicant.

(5) Evidence, if any, of rehabilitation submitted by the applicant.

NOTE: Authority cited: Sections 482 and 2930, Business and Professions Code. Reference:

Sections 480, 482, 2960, 2962 and 2963, Business and Professions Code.

History

1. Renumbering and amendment of former section 1395 to section 1393, and renumbering and

amendment of former section 1396.1 to section 1395 filed 6-15-83; effective thirtieth day thereafter

(Register 83, No. 25). For prior history, see Registers 79, No. 17; 76, No. 52; and 75, Nos. 24 and 18.

2. Change without regulatory effect pursuant to section 100, Title 1, California Code of Regulations

filed 3-5-90 (Register 90, No. 20).

3. Change without regulatory effect amending first paragraph filed 12-5-2018 pursuant to section

100, title 1, California Code of Regulations (Register 2018, No. 49).

§ 1395.1. Rehabilitation Criteria for Suspensions or Revocations.

When considering the suspension or revocation of a license or registration on

the ground that a person holding a license or registration under the Psychology

181

Regulations

CALIFORNIA CODE OF REGULATIONS

Licensing Law (chapter 6.6 of division 2 of the Code) has been convicted of a

crime the Board in evaluating the rehabilitation of such person and his or her

eligibility for a license or registration will consider the following criteria:

(1) Nature and severity of the act(s) or offense(s).

(2) Total criminal record.

(3) The time that has elapsed since commission of the act(s) or offense(s).

(4) Whether the licensee or registration holder has complied with any

terms of parole, probation, restitution or any other sanctions lawfully imposed

against such person.

(5) If applicable, evidence of expungement proceedings pursuant to section

1203.4 of the Penal Code.

(6) Evidence, if any, of rehabilitation submitted by the licensee or

registration holder.

NOTE: Authority cited: Sections 482 and 2930, Business and Professions Code. Reference:

Sections 482, 2960 and 2963, Business and Professions Code.

History

1. Renumbering and amendment of former section 1396.2 to section 1395.1 filed 6-15-83; effective

thirtieth day thereafter (Register 83, No. 25). For prior history, see Registers 79, No. 17; 76, No. 52;

and 75, Nos. 24 and 18.

2. Change without regulatory effect pursuant to section 100, Title 1, California Code of Regulations

filed 3-5-90 (Register 90, No. 20).

3. Change without regulatory effect amending first paragraph filed 12-5-2018 pursuant to section

100, title 1, California Code of Regulations (Register 2018, No. 49).

§ 1395.2. Disciplinary Guidelines and Uniform Standards Related

to Substance Abusing Licensees.

(a) In reaching a decision on a disciplinary action under the administrative

adjudication provisions of the Administrative Procedure Act (Government

Code Section 11400 et seq.), the Board of Psychology shall consider and apply

the "Disciplinary Guidelines and Uniform Standards related to Substance

Abusing Licensees (4/15),'' which is hereby incorporated by reference.

(b) If the conduct found to be grounds for discipline involves drugs and/

or alcohol, the licensee shall be presumed to be a substance-abusing licensee

for purposes of section 315 of the Code. If the licensee does not rebut that

presumption, in addition to any and all other relevant terms and conditions

contained in the Disciplinary Guidelines, the terms and conditions that

incorporate the Uniform Standards Related to Substance Abusing Licensees

shall apply as written and be used in the order placing the license on probation.

(c) Deviation from the Disciplinary Guidelines, including the standard

terms of probation, is appropriate where the Board of Psychology in its sole

discretion determines that the facts of the particular case warrant such a

deviation; for example: the presence of mitigating or aggravating factors; the

age of the case; or evidentiary issues.

NOTE: Authority cited: Section 2930, Business and Professions Code. Reference: Sections 315,

315.2, 315.4, 2960, 2960.05, 2960.1, 2960.5, 2960.6, 2961, 2962, 2963, 2964, 2964.3, 2964.5, 2964.6,

2965, 2966 and 2969, Business and Professions Code; and Section 11425.50(e), Government Code

182

BOARD OF PSYCHOLOGY

Regulations

HISTORY:

1. Renumbering of former section 1397.12 to new section 1395.2, including amendment of section

heading, section and Note, filed 8-3-2016; operative 1-1-2017 (Register 2016, No. 32).

ARTICLE 8.

Rules of Professional Conduct

§ 1396. Competence.

A psychologist shall not function outside his or her particular field or fields

of competence as established by his or her education, training and experience.

NOTE: Authority cited: Sections 2930 and 2936, Business and Professions Code. Reference:

Section 2936, Business and Professions Code.

History

1. Repealer of Article 8 heading, renumbering of Article 9 to Article 8 (Sections 1396-1397.40, not

consecutive), renumbering and amendment of former Section 1396 to Section 1394, and renumbering

and amendment of former Section 1397.3 to Section 1396 filed 6-15-83; effective thirtieth day

thereafter (Register 83, No. 25). For prior history, see Register 76, No. 52.

§ 1396.1. Interpersonal Relations.

It is recognized that a psychologist's effectiveness depends upon his or her

ability to maintain sound interpersonal relations, and that temporary or more

enduring problems in a psychologist's own personality may interfere with

this ability and distort his or her appraisals of others. A psychologist shall

not knowingly undertake any activity in which temporary or more enduring

personal problems in the psychologist's personality integration may result in

inferior professional services or harm to a patient or client. If a psychologist

is already engaged in such activity when becoming aware of such personal

problems, he or she shall seek competent professional assistance to determine

whether services to the patient or client should be continuedor terminated.

NOTE: Authority cited: Sections 2930 and 2936, Business and Professions Code. Reference:

Section 2936, Business and Professions Code.

History

1. Renumbering and amendment of former Section 1396.1 to Section 1395, and renumbering of

former Section 1397.4 to Section 1396.1 filed 6-15-83; effective thirtieth day thereafter (Register 83,

No. 25). For prior history, see Register 76, No. 52.

§ 1396.2. Misrepresentation.

A psychologist shall not misrepresent nor permit the misrepresentation of

his or her professional qualifications, affiliations, or purposes, or those of the

institutions, organizations, products and/or services with which he or she is

associated.

NOTE: Authority cited: Sections 2930 and 2936, Business and Professions Code. Reference:

Section 2936, Business and Professions Code.

History

1. Renumbering and amendment of former Section 1396.2 to Section 1395.1, and renumbering of

former Section 1397.5 to Section 1396.2 filed 6-15-83; effective thirtieth day thereafter (Register 83,

No. 25). For prior history, see Registers 76, No. 52; and 68, No. 9.

183

Regulations

CALIFORNIA CODE OF REGULATIONS

§ 1396.3. Test Security.

A psychologist shall not reproduce or describe in public or in publications

subject to general public distribution any psychological tests or other

assessment devices, the value of which depends in whole or in part on the

naivete of the subject, in ways that might invalidate the techniques; and shall

limit access to such tests or devices to persons with professional interests who

will safeguard their use.

NOTE: Authority cited: Sections 2930 and 2936, Business and Professions Code. Reference:

Section 2936, Business and Professions Code.

History

1. Renumbering and amendment of former Section 1397.7 to Section 1396.3 filed 6-15-83; effective

thirtieth day thereafter (Register 83, No. 25). For prior history, see Register 68, No. 42.

§ 1396.4. Professional Identification.

(a) When engaged in any professional psychological activity, whether for a

fee orotherwise, a psychologist shall at all times and under all circumstances

identify himself or herselfas a psychologist.

(b) A psychological assistant shall at all times and under all circumstances

identify himself or herself to patients or clients as a psychological assistant

to his or her employer or responsible supervisor when engaged in any

psychological activity in connection with that employment.

NOTE: Authority cited: Sections 2930 and 2936, Business and Professions Code. Reference:

Sections 2913 and 2936, Business and Professions Code.

History

1. Renumbering of former Section 1397.8 to Section 1396.3 filed 6-15-83; effective thirtieth day

thereafter (Register 83, No. 25). For prior history, see Registers 76, No. 52; and 73, No. 4.

§ 1396.5. Consumer Information.

Licensed psychologists who provide services to a client in a language other

than English shall:

(a) provide to the client as appropriate the translations of required or

approved notices or publications made available by the Board in that language;

(b) discuss with the client as appropriate the content of any required or

approved notice or publication for those notices or publications not available in

the language in which services are provided;

(3) post the Notice to Consumers pursuant to section 2936 of the Code, if

made available by the Board in that language.

NOTE: Authority cited: Section 2930, Business and Professions Code. Reference: Sections

728, 2930 and 2936, Business and Professions Code.

History

1. New section filed 2-28-2007; operative 3-30-2007 (Register 2007, No. 9).

2. Change without regulatory effect amending subsections (a) and (3) filed 12-5-2018 pursuant to

section 100, title 1, California Code of Regulations (Register 2018, No. 49).

§ 1397. Advertising.

A licensed psychologist may advertise the provision of any services

authorized to be provided by such license within the psychologist's field of

competence in a manner authorized under Section 651 of the Code, so long as

184

BOARD OF PSYCHOLOGY

Regulations

such advertising does not promote the excessive or unnecessary use of such

services.

NOTE: Authority cited: Sections 651, 2930 and 2936, Business and Professions Code.

Reference: Sections 651, 2936 and 2960, Business and Professions Code.

History

1. Renumbering and amendment of former Section 1397.11 to Section 1397 filed 7-31-84; effective

thirtieth day thereafter (Register 84, No. 31). For history of former Section 1397, see Register 83,

No. 25.

2. Change without regulatory effect amending section filed 12-5-2018 pursuant to section 100,

title 1, California Code of Regulations (Register 2018, No. 49).

§ 1397.1. Child Abuse Reporting Requirements.

Failure to comply with the reporting requirements contained in Penal Code

Section 11166 shall constitute unprofessional conduct.

NOTE: Authority cited: Sections 2930 and 2936, Business and Professions Code. Reference:

Sections 2936 and 2960 (i), Business and Professions Code.

History

1. New section filed 4-6-88; operative 5-6-88 (Register 88, No. 17).

§ 1397.2. Other Actions Constituting Unprofessional Conduct.

In addition to the conduct described in Section 2960 of the Code,

"unprofessional conduct'' also includes but is not limited to the following:

(a) Including or permitting to be included any of the following provisions in

an agreement to settle a civil dispute arising from the licensee's or registrant's

practice to which the licensee or registrant is or expects to be named as a party,

whether the agreement is made before or after the filing of an action:

(1) A provision that prohibits another party to the dispute from contacting,

cooperating with, or filing a complaint with the Board.

(2) A provision that requires another party to the dispute to attempt to

withdraw a complaint the party has filed with the Board.

(b) Failure to provide to the Board, as directed, lawfully requested certified

copies of documents within 15 days of receipt of the request or within the time

specified in the request, whichever is later, unless the licensee or registrant is

unable to provide the certified documents with this time period for good cause,

including but not limited to, physical inability to access the records in the time

allowed due to illness or travel. This subsection shall not apply to a licensee

or registrant who does not have access to, and control over, medical records.

(c) Failure to cooperate and participate in any Board investigation

pending against the licensee or registrant. This subsection shall not be

construed to deprive a licensee or registrant of any privilege guaranteed by

the Fifth Amendment to the Constitution of the United States, or any other

constitutional or statutory privilege. This subsection shall not be construed to

require a licensee or registrant to cooperate with a request that would require

the licensee or registrant to waive any constitutional or statutory privilege or to

comply with a request for information or other matters within an unreasonable

period of time in light of the time constraints of the licensee's or registrant's

practice. Any exercise by a licensee or registrant of any constitutional or

statutory privilege shall not be used against the licensee or registrant in a

regulatory or disciplinary proceeding against the licensee or registrant.

185

Regulations

CALIFORNIA CODE OF REGULATIONS

(d) Failure to report to the Board within 30 days any of the following:

(1) The conviction of the licensee or registrant, including any verdict of

guilty, or pleas of guilty or no contest, of any felony or misdemeanor.

(2) Any disciplinary action taken by another licensing entity or authority

of this state or of another state or an agency of the federal government or the

United States military.

NOTE: Authority cited: Section 2930, Business and Professions Code. Reference: Sections

2960, 2963 and 2969, Business and Professions Code.

History

1. New section filed 7-23-2012; operative 8-22-2012 (Register 2012, No. 30). For prior history, see

Register 83, No. 25.

§ 1397.12. Disciplinary Guidelines. [Renumbered]

Note: Authority cited: Section 2930, Business and Professions Code. Reference:

Sections 2960, 2960.05, 2960.1, 2960.5, 2960.6, 2961, 2962, 2963, 2964, 2964.3, 2964.5,

2964.6, 2965, 2966 and 2969, Business and Professions Code; and Section 11425.50(e),

Government Code.

History

1. New section filed 3-7-97; operative 4-6-97 (Register 97, No. 10).

2. Amendment filed 3-1-2000; operative 3-31-2000 (Register 2000, No. 9).

3. Amendment of "Disciplinary Guidelines'' (incorporated by reference) and amendment of section

and Note filed 3-3-2003; operative 4-2-2003 (Register 2003, No. 10).

4. Amendment filed 12-5-2006 as an emergency; operative 1-4-2006 (Register 2006, No. 49).

5. Change without regulatory effect amending Disciplinary Guidelines (incorporated by reference)

and amending section filed 2-8-2007 pursuant to section 100, title 1, California Code of Regulations

(Register 2007, No. 6).

6. Renumbering of former section 1397.12 to new section 1395.2 filed 8-3-2016; operative 1-1-2017

(Register 2016, No. 32).

§ 1397.30. Citation.

These regulations may be cited and referred to as the "Psychology

Corporation Regulations.''

NOTE: Authority and reference cited: Sections 2930 and 2999, Business and Professions

Code.

History

1. New Article 10 (Sections 1397.30-1397.41) filed 4-26-79; effective thirtieth day thereafter

(Register 79, No. 17).

2. Repealer of Article 10 heading and amendment of section filed 6-15-83; effective thirtieth day

thereafter (Register 83, No. 25).

§ 1397.35. Requirements for Professional Corporations.

A professional corporation shall comply with the following provisions:

(a) The corporation is organized and exists pursuant to the general

corporation law and is a professional corporation within the meaning of the

Moscone-Knox Professional Corporation Act (Part 4, Division 3, Title 1 of the

Corporations Code).

(b) Each shareholder, director and officer (except as provided in Section

13403 of the Corporations Code and Section 2997 of the Code) holds a valid

psychology license; provided that, a licensed physician, podiatrist, marriage,

186

BOARD OF PSYCHOLOGY

Regulations

family, and child counselor, licensed clinical social worker, chiropractor,

optometrist or registered nurse may be a shareholder, director or officer of a

psychology corporation so long as such licensees own no more than 49% of the

total shares issued by the psychology corporation and the number of licensed

physicians, podiatrists, marriage, family, and child counselors, licensed clinical

social workers, chiropractors, optometrists or registered nurses owning shares

in the psychology corporation does not exceed the number of psychologists

owning shares in such a corporation. A psychologist may be a shareholder in

more than one psychology corporation.

(c) Each professional employee of the applicant who will practice psychology,

podiatry, medicine, marriage, family and child counseling, clinical social work,

chiropractic, optometry or professional nursing, whether or not a shareholder,

director or officer, holds a valid license.

NOTE: Authority cited: Sections 2930 and 2999, Business and Professions Code. Reference:

Section 2995, Business and Professions Code; and Sections 13401, 13401.5, 13403, 13406 and 13407,

Corporations Code.

History

1. Amendment of subsections (b) and (d) filed 2-28-80; effective thirtieth day thereafter (Register

80, No. 9).

2. Amendment filed 6-15-83; effective thirtieth day thereafter (Register 83, No. 25).

3. Amendment of subsections (b) and (c) filed 3-13-97; operative 4-12-97 (Register 97, No. 11).

4. Change without regulatory effect amending subsection (b) filed 12-5-2018 pursuant to section

100, title 1, California Code of Regulations (Register 2018, No. 49).

§ 1397.37. Shares: Ownership and Transfer.

(a) Where there are two or more shareholders in a psychology corporation

and one of the shareholders:

(1) Dies; or

(2) Becomes a disqualified person as defined in Section 13401(d) of the

Corporations Code, his or her shares shall be sold and transferred to the

corporation, its shareholders or other eligible licensed persons on such terms

as are agreed upon. Such sale or transfer shall not be later than six (6) months

after any such death and ninety (90) days after the shareholder becomes a

disqualified person. The requirements of this subsection shall be set forth in

the psychology corporation's articles of incorporation or bylaws.

(b) A corporation and its shareholders may, but need not, agree that shares

sold to it by a person who becomes a disqualified person may be resold to such

person if and when he or she again becomes an eligible shareholder.

(c) The share certificates of a psychology corporation shall contain an

appropriate legend setting forth the restrictions of subsection (a).

(d) Nothing in these regulations shall be construed to prohibit a psychology

corporation from owning shares in a nonprofessional corporation.

NOTE: Authority cited: Sections 2930 and 2999, Business and Professions Code. Reference:

Section 2999, Business and Professions Code; and Sections 13401, 13403, 13406 and 13407,

Corporations Code.

History

1. Amendment of subsections (e) and (f) filed 2-28-80; effective thirtieth day thereafter (Register

80, No. 9).

187

Regulations

CALIFORNIA CODE OF REGULATIONS

2. Amendment filed 6-15-83; effective thirtieth day thereafter (Register 83, No. 25).

§ 1397.39. Corporate Activities.

(a) A psychology corporation may perform any act authorized in its

articles of incorporation or bylaws so long as that act is not in conflict with or

prohibited by these rules, the Psychology Licensing Law, the Medical Practice

Act, the Optometry Law or the Nursing Practice Act or the regulations adopted

pursuant thereto.

(b) A psychology corporation may enter into partnership agreements

with other psychologists practicing individually or in a group or with other

psychology corporations.

NOTE: Authority cited: Sections 2930 and 2999, Business and Professions Code. Reference:

Section 2996.6, Business and Professions Code; and Sections 13403, 13408 and 13410, Corporations

Code.

History

1. Amendment of subsection (a) filed 2-28-80; effective thirtieth day thereafter (Register 80, No.

9).

2. Amendment filed 6-15-83; effective thirtieth day thereafter (Register 83, No. 25).

§ 1397.40. Trusts.

The restrictions on the ownership of the shares of psychology corporations

shall apply to both the legal and equitable title to such shares.

NOTE: Authority cited: Sections 2930 and 2999, Business and Professions Code. Reference:

Sections 13406 and 13407, Corporations Code.

History

1. Repealer of subsection (b) filed 6-15-83; effective thirtieth day thereafter (Register 83, No. 25).

ARTICLE 9.

Citations and Fines

§ 1397.50. Citations and Fines.

(a) For purposes of this article, "board official'' shall mean the Executive

Officer of the Board or his or her representative.

(b) A board official is authorized to determine when and against whom a

citation will be issued and to issue citations containing orders of abatement

and fines for violations by a licensed psychologist of the statutes referred to in

section 1397.51.

(c) A citation shall be issued whenever any fine is levied or any order of

abatement is issued. Each citation shall be in writing and shall describe with

particularity the nature and facts of the violation, including a reference to

the statute or regulations alleged to have been violated. The citation shall

be served upon the individual personally or by certified mail, return receipt

requested.

NOTE: Authority cited: Sections 125.9, 148 and 2930, Business and Professions Code.

Reference: Sections 125.9 and 148, Business and Professions Code.

188

BOARD OF PSYCHOLOGY

Regulations

History

1. New article 9 (sections 1397.50-1397.55) and section filed 4-26-96; operative 5-26-96 (Register

96, No. 17).

2. Change without regulatory effect amending subsection (a) filed 12-5-2018 pursuant to section

100, title 1, California Code of Regulations (Register 2018, No. 49).

§ 1397.51. Amount of Fines.

The amount of any fine to be levied by a board official shall take into

consideration the factors listed in subdivision (b)(3) of section 125.9 of the Code

and shall be within the range set forth below.

(a) A board official may issue a citation under section 1397.50 for a violation

of the provisions listed in this section. The fine for a violation of the following

Code sections shall be from $100 to $2500:

(1) Business and Professions Code section 125

(2) Business and Professions Code section 125.6

(3) Business and Professions Code section 475(a)(1)

(4) Business and Professions Code section 490

(5) Business and Professions Code section 496

(6) Business and Professions Code section 580

(7) Business and Professions Code section 581

(8) Business and Professions Code section 582

(9) Business and Professions Code section 583

(10) Business and Professions Code section 584

(11) Business and Professions Code section 650

(12) Business and Professions Code section 651

(13) Business and Professions Code section 654.2

(14) Business and Professions Code section 702

(15) Business and Professions Code section 810

(16) Business and Professions Code section 2903

(17) Business and Professions Code section 2960(a)

(18) Business and Professions Code section 2960(c)

(19) Business and Professions Code section 2960(d)

(20) Business and Professions Code section 2960(f)

(21) Business and Professions Code section 2960(g)

(22) Business and Professions Code section 2960(h)

(23) Business and Professions Code section 2960(i)

(24) Business and Professions Code section 2960(k)

(25) Business and Professions Code section 2960(l )

(26) Business and Professions Code section 2960(m)

(27) Business and Professions Code section 2960(n)

(28) Business and Professions Code section 2960(p)

(29) Business and Professions Code section 2960(q)

(30) Business and Professions Code section 2960(r)

(31) Business and Professions Code section 2960.6

(32) Business and Professions Code section 17500

(33) Penal Code section 11166.5

(34) Business and Professions Code section 2913(c)

(35) Business and Professions Code section 2914(c)

189

Regulations

CALIFORNIA CODE OF REGULATIONS

(36) Business and Professions Code section 2915

(b) At his or her discretion, a board official may issue a citation with an

order of abatement without levying a fine for the first violation of any provision

set forth above.

(c) Notwithstanding the administrative fine amounts specified in this

section, a citation may include a fine between $2,501 and $5,000 if one or more

of the following circumstances apply:

(1) The citation involves a violation that has an immediate relationship to

the health and safety of another person;

(2) The cited person has a history of two or more prior citations of the same

or similar violations;

(3) The citation involves multiple violations that demonstrate a willful

disregard of the law;

(4) The citation involves a violation or violations perpetrated against a

child, elderly person or person with a disability.

NOTE: Authority cited: Sections 125.9, 148 and 2930, Business and Professions Code.

Reference: Sections 125.9 and 148, Business and Professions Code.

History

1. New section filed 4-26-96; operative 5-26-96 (Register 96, No. 17).

2. New subsections (a)(34)-(36) filed 7-2-99; operative 8-1-99 (Register 99, No. 27).

3. New subsections (c)-(c)(4) filed 7-11-2005; operative 8-10-2005 (Register 2005, No. 28).

4. Change without regulatory effect amending first paragraph and subsection (a) filed 12-5-2018

pursuant to section 100, title 1, California Code of Regulations (Register 2018, No. 49).

§ 1397.52. Compliance with Orders of Abatement.

(a) If a cited person who has been issued an order of abatement is unable

to complete the correction with the time set forth in the citation because of

conditions beyond his or her control after the exercise of reasonable diligence,

the person cited may request an extension of time in which to complete the

correction from the board official who issued the citation. Such a request shall

be in writing and shall be made within the time set forth for abatement.

(b) When an order of abatement is not contested or if the order is appealed

and the person cited does not prevail, failure to abate the violation charged

within the time allowed shall constitute a violation and failure to comply

with the order of abatement. An order of abatement shall either be personally

served or mailed by certified mail, return receipt requested. The time allowed

for the abatement of a violation shall begin when the order of abatement is

final and has been served or received. Such failure may result in disciplinary

action being taken by the Board of Psychology or other appropriate judicial

relief being taken against the person cited.

NOTE: Authority cited: Sections 125.9, 148 and 2930, Business and Professions Code.

Reference: Sections 125.9 and 148, Business and Professions Code.

History

1. New section filed 4-26-96; operative 5-26-96 (Register 96, No. 17).

§ 1397.53. Citations for Unlicensed Practice.

A board official is authorized to determine when and against whom a

citation will be issued and to issue citations containing orders of abatement

and fines against persons, partnerships, corporations or associations who

190

BOARD OF PSYCHOLOGY

Regulations

are performing or who have performed services for which licensure as a

psychologist is required under the laws and regulations relating to the practice

of psychology. Each citation issued shall contain an order of abatement. Where

appropriate, a board official shall levy a fine for such unlicensed activity in

accordance with subdivision (b)(3) of section 125.9 of the Code. The provisions

of section 1397.50 and 1397.52 shall apply to the issuance of citations for

unlicensed activity under this subsection. The sanction authorized under this

section shall be separate from and in addition to any other civil or criminal

remedies.

NOTE: Authority cited: Sections 125.9, 148 and 2930, Business and Professions Code.

Reference: Sections 125.9 and 148, Business and Professions Code.

History

1. New section filed 4-26-96; operative 5-26-96 (Register 96, No. 17).

2. Change without regulatory effect amending section filed 12-5-2018 pursuant to section 100,

title 1, California Code of Regulations (Register 2018, No. 49).

§ 1397.54. Contest of Citations.

(a) In addition to requesting a hearing as provided for in subdivision (b)

(4) of section 125.9 of the Code, the person cited may, within ten (10) days

after service or receipt of the citation, notify the board official who issued the

citation in writing of his or her request for an informal conference with the

board official regarding the acts charged in the citation. The time allowed

for the request shall begin the first day after the citation has been served or

received.

(b) The board official who issued the citation shall, within 30 days from the

receipt of the request, hold an informal conference with the person cited and/

or his or her legal counsel or authorized representative. At the conclusion of

the informal conference the board official may affirm, modify or dismiss the

citation, including any fine levied or order of abatement issued. The board

official shall state in writing the reasons for his or her action and serve or mail

a copy of his or her findings and decision to the person cited within ten (10)

days from the date of the informal conference, as provided in subsection (b) of

section 1397.52. This decision shall be deemed to be a final order with regard

to the citation issued, including the fine levied and the order of abatement.

(c) The person cited does not waive his or her request for a hearing to

contest a citation by requesting an informal conference after which the citation

is affirmed by a board official. If the citation is dismissed after the informal

conference, the request for a hearing on the matter of the citation shall be

deemed to be withdrawn. If the citation, including any fine levied or order

of abatement, is modified, the citation originally issued shall be considered

withdrawn and new citation issued. If a hearing is requested for the subsequent

citation it shall be requested within 30 days in accordance with subdivision (b)

(4) of section 125.9 of the Code.

NOTE: Authority cited: Sections 125.9, 148 and 2930, Business and Professions Code.

Reference: Sections 125.9 and 148, Business and Professions Code.

History

1. New section filed 4-26-96; operative 5-26-96 (Register 96, No. 17).

191

Regulations

CALIFORNIA CODE OF REGULATIONS

2. Change without regulatory effect amending subsections (a) and (c) filed 12-5-2018 pursuant to

section 100, title 1, California Code of Regulations (Register 2018, No. 49).

§ 1397.55. Disconnection of Telephone Service.

(a) If, upon investigation, the board official has probable cause to believe

that an unlicensed person, who is not otherwise exempt from licensure, has

advertised to provide psychological services in an alphabetical or classified

directory in violation of section 2903 of the Code, the board official may issue a

citation containing an order of abatement pursuant to section 1397.50 of these

regulations. The order of abatement shall require the unlicensed person to

cease the unlawful advertising and to notify the telephone company furnishing

services to the cited person to (1) disconnect the telephone services furnished

to any telephone number contained in the unlawful advertising, and (2) that

subsequent calls to that number shall not be referred by the telephone company

to any new number obtained by that person. The cited person shall provide

written evidence of compliance to the board official.

(b) If the person to whom a citation is issued under subdivision (a) submits

a written request to the board official to appeal the citation, the board official

shall afford an opportunity for a hearing, as provided in section 1397.54 of

these regulations.

(c) If the person to whom the citation and order of abatement is issued

fails to comply with the order of abatement after the order is final as provided

in section 1398.54(b) of these regulations, the board official shall inform the

Public Utilities Commission of the violation in accordance with Business and

Professions Code section 149.

NOTE: Authority cited: Sections 125.9, 148 and 2930, Business and Professions Code.

Reference: Sections 125.9, 148 and 149, Business and Professions Code.

History

1. New section filed 4-26-96; operative 5-26-96 (Register 96, No. 17).

2. Change without regulatory effect amending subsection (a) filed 12-5-2018 pursuant to section

100, title 1, California Code of Regulations (Register 2018, No. 49).

ARTICLE 10.

Continuing Education

§ 1397.60. Definitions.

As used in this article:

(a) "Conference'' means a course consisting of multiple concurrent or

sequential free-standing presentations. Acceptable presentations must meet

the requirements of section 1397.61(c).

(b) "Continuing education'' means the variety of forms of learning

experiences, including, but not limited to, lectures, conferences, seminars,

workshops, grand rounds, in-service training programs, video conferencing,

and independent learning technologies.

(c) "Course'' or ''presentation'' means an approved systematic learning

experience of at least one hour in length. One hour shall consist of 60 minutes

192

BOARD OF PSYCHOLOGY

Regulations

of actual instruction. Courses or presentations less than one hour in duration

shall not be acceptable.

(d) "Grand rounds'' or ''in-service training program'' means a course

consisting of sequential, free-standing presentations designed to meet the

internal educational needs of the staff or members of an organization and is not

marketed, advertised or promoted to professionals outside of the organization.

Acceptable presentations must meet the requirements of section 1397.61(c).

(e) "Independent learning'' means the variety of forms of organized and

directed learning experiences that occur when the instructor and the student

are not in direct visual or auditory contact. These include, but are not

limited to, courses delivered via the Internet, CD-ROM, satellite downlink,

correspondence and home study. Self-initiated, independent study programs

that do not meet the requirements of section 1397.61(c) are not acceptable

for continuing education. Except for qualified individuals with a disability

who apply to and are approved by the Board pursuant to section 1397.62(c),

independent learning can be used to meet no more than 75% (27 hours) of

the continuing education required in each renewal cycle. Independent learning

courses must meet the requirements of section 1397.61(c).

(f) "Provider'' means an organization, institution, association, university,

or other person or entity assuming full responsibility for the course offered,

whose courses are accepted for credit pursuant to section 1397.61(c)(1).

NOTE: Authority cited: Sections 2915(g) and 2930, Business and Professions Code. Reference:

Sections 29 and 2915, Business and Professions Code.

History

1. New Article 10 (sections 1397.60-1397.69) and section filed 12-29-94; operative 12-29-94

pursuant to Government Code Section 11346.2(d) (Register 94, No. 52).

2. Amendment of subsections (c) and (d) filed 4-9-96; operative 5-9-96 (Register 96, No. 15).

3. Amendment of subsection (d), new subsections (e)-(g) and amendment of Note filed 11-24-99;

operative 12-24-99 (Register 99, No. 48).

4. Amendment of subsection (g) filed 12-17-2004; operative 1-1-2005 pursuant to Government

Code section 11343.4 (Register 2004, No. 51).

5. Amendment of subsections (d) and (g) filed 11-16-2006; operative 12-16-2006 (Register 2006,

No. 46).

6. Repealer and new section filed 2-16-2012; operative 1-1-2013 (Register 2012, No. 7).

7. Editorial correction of section heading and history notes (Register 2018, No. 37).

8. Change without regulatory effect amending section heading and repealing first paragraph filed

12-5-2018 pursuant to section 100, title 1, California Code of Regulations (Register 2018, No. 49).

§ 1397.61. Continuing Education Requirements.

(a) Except as provided in section 2915(e) of the Business and Professions

Code and section 1397.62 of these regulations, each licensed psychologist shall

certify on the application for license renewal that he or she has completed

the continuing education requirements set forth in section 2915 of the Code.

A licensee who renews his or her license for the first time after the initial

issuance of the license is only required to accrue continuing education for

the number of months that the license was in effect, including the month the

license was issued, at the rate of 1.5 hours of approved continuing education

per month. Continuing education earned via independent learning pursuant

193

Regulations

CALIFORNIA CODE OF REGULATIONS

to section 1397.60(e) shall be accrued at no more than 75% of the continuing

education required for the first time renewal. The required hours of continuing

education may not be accrued prior to the effective date of the initial issuance

of the license. A licensee who falsifies or makes a material misrepresentation

of fact on a renewal application or who cannot verify completion of continuing

education by producing verification of attendance certificates, whenever

requested to do so by the Board, is subject to disciplinary action under section

2960 of the Code.

(b) Any person renewing or reactivating his or her license shall certify under

penalty of perjury to the Board of Psychology as requested on the application

for license renewal, that he or she has obtained training in the subject of laws

and ethics as they apply to the practice of psychology in California. The training

shall include recent changes/updates on the laws and regulations related to

the practice of psychology; recent changes/updates in the Ethical Principles of

Psychologists and Code of Conduct published by the American Psychological

Association; accepted standards of practice; and other applications of laws and

ethics as they affect the licensee's ability to practice psychology with safety to

the public. Training pursuant to this section may be obtained in one or more

of the following ways:

(1) Formal coursework in laws and ethics taken from an accredited

educational institution;

(2) Approved continuing education course in laws and ethics;

(3) Workshops in laws and ethics;

(4) Other experience which provide direction and education in laws and

ethics including, but not limited to, grand rounds or professional association

presentation.

If the licensee chooses to apply a specific continuing education course on

the topic of laws and ethics to meet the foregoing requirement, such a course

must meet the content requirements named above, must comply with section

1397.60(c), and may be applied to the 36 hours of approved continuing education

required in Business and Professions Code section 2915(a).

(c) The Board recognizes and accepts for continuing education credit courses

pursuant to this section. A licensee will earn one hour continuing education

credit for each hour of approved instruction.

(1) Continuing education courses shall be:

(A) provided by American Psychological Association (APA), or its approved

sponsors;

(B) Continuing Medical Education (CME) courses specifically applicable

and pertinent to the practice of psychology and that are accredited by the

California Medical Association (CMA) or the Accreditation Council for

Continuing Medical Education (ACCME); or

(C) provided by the California Psychological Association, or its approved

sponsors.

(D) approved by an accrediting agency for continuing education courses

taken prior to January 1, 2013, pursuant to this section as it existed prior to

January 1, 2013.

194

BOARD OF PSYCHOLOGY

Regulations

(2) Topics and subject matter for all continuing education shall be pertinent

to the practice of psychology. Course or learning material must have a relevance

or direct application to a consumer of psychological services.

(3) No course may be taken and claimed more than once during a renewal

period, nor during any twelve (12) month period, for continuing education

credit.

(4) An instructor may claim the course for his/her own credit only one time

that he/she teaches the acceptable course during a renewal cycle, or during any

twelve (12) month period, receiving the same credit hours as the participant.

(d) Examination Functions. A licensee who serves the Board as a selected

participant in any examination development related function will receive

one hour of continuing education credit for each hour served. Selected Board

experts will receive one hour of continuing education credit for each hour

attending Board sponsored Expert Training Seminars. A licensee who receives

approved continuing education credit as set forth in this paragraph shall

maintain a record of hours served for submission to the Board pursuant to

section 1397.61(e).

(e) A licensee shall maintain documentation of completion of continuing

education requirements for four (4) years following the renewal period,

and shall submit verification of completion to the Board upon request.

Documentation shall contain the minimum information for review by the

Board: name of provider and evidence that provider meets the requirements of

section 1397.61(c)(1); topic and subject matter; number of hours or units; and

a syllabus or course description. The Board shall make the final determination

as to whether the continuing education submitted for credit meets the

requirements of this article.

(f) Failure to provide all of the information required by this section renders

any application for renewal incomplete and not eligible for renewal.

NOTE: Authority cited: Sections 2915(g) and 2930, Business and Professions Code. Reference:

Sections 29, 32, 2915 and 2915.7, Business and Professions Code.

History

1. New section filed 12-29-94; operative 12-29-94 pursuant to Government Code Section 11346.2(d)

(Register 94, No. 52).

2. Amendment of subsections (b) and (d), new subsections (e)-(f) and amendment of Note filed

4-9-96; operative 5-9-96 (Register 96, No. 15).

3. Amendment of subsection (b), new subsection (c), subsection relettering, and amendment of

newly designated subsections (e) and (g) filed 4-30-98; operative 5-30-98 (Register 98, No. 18).

4. Repealer of subsection (g) filed 11-24-99; operative 12-24-99 (Register 99, No. 48).

5. Amendment of subsection (a), repealer of subsections (b) and (e), subsection relettering and

new subsections (d)-(e) filed 12-18-2001; operative 1-1-2002 pursuant to Government Code section

11343.4 (Register 2001, No. 51).

6. Amendment of subsections (d)-(f) and new subsections (g)-(h) filed 9-2-2003; operative 10-2-

2003 (Register 2003, No. 36).

7. Amendment of section and Note filed 9-24-2004; operative 10-24-2004 (Register 2004, No. 39).

8. Amendment of subsection (a) filed 11-21-2005; operative 12-21-2005 (Register 2005, No. 47).

9. Amendment of subsections (f)-(f)(3) filed 11-29-2005; operative 1-1-2006 (Register 2005, No.

48).

10. Amendment of subsection (a) filed 11-16-2006; operative 12-16-2006 (Register 2006, No. 46).

195

Regulations

CALIFORNIA CODE OF REGULATIONS

11. Amendment of subsection (b) and new subsections (b)(1)-(4) filed 12-20-2006; operative 1-19-

2007 (Register 2006, No. 51).

12. Repealer and new section filed 2-16-2012; operative 1-1-2013 (Register 2012, No. 7).

13. Editorial correction of section heading and history notes (Register 2018, No. 37).

14. Change without regulatory effect amending section heading and repealing first paragraph

filed 12-5-2018 pursuant to section 100, title 1, California Code of Regulations (Register 2018, No. 49).

§ 1397.62. Continuing Education Exemptions and Exceptions.

At the time of making application for renewal of a license, a psychologist

may as provided in this section request an exemption or an exception from all

or part of the continuing education requirements.

(a) The Board shall grant an exemption only if the psychologist verifies in

writing that, during the two year period immediately prior to the expiration

date of the license, he or she:

(1) Has been engaged in active military service reasonably preventing

completion of the continuing education requirements, except that a licensee

granted an exemption pursuant to this section shall still be required to fulfill

the laws and ethics requirement set forth in section 1397.61(b); or

(2) Has been prevented from completing the continuing education

requirements for reasons of health or other good cause which includes:

(A) Total physical and/or mental disability of the psychologist for at least

one year; or

(B) Total physical and/or mental disability of an immediate family member

for at least one year where the psychologist has total responsibility for the care

of that family member.

Verification of a physical disability under subsection (a)(2) shall be by a

licensed physician and surgeon or, in the case of a mental disability, by a

licensed psychologist or a board certified or board eligible psychiatrist.

(b) An exception to the requirements of Business and Professions Code

section 2915(d) may be granted to licensed psychologists who are not engaged

in the direct delivery of mental health services for whom there is an absence

of available continuing education courses relevant to their specific area of

practice.

(1) An exception granted pursuant to this subsection means that the Board

will accept continuing education courses that are not acceptable pursuant

to section 1397.61(c) provided that they are directly related to the licensee's

specific area of practice and offered by recognized professional organizations.

The Board will review the licensee's area of practice, the subject matter of the

course, and the provider on a case-by-case basis. This exception does not mean

the licensee is exempt from completing the continuing education required by

Business and Professions Code section 2915 and this article.

(2) Licensees seeking this exception shall provide all necessary information

to enable the Board to determine the lack of available approved continuing

education and the relevance of each course to the continuing competence of the

licensee. Such a request shall be submitted in writing and must include a clear

statement as to the relevance of the course to the practice of psychology and

the following information:

196

BOARD OF PSYCHOLOGY

Regulations

(A) Information describing, in detail, the depth and breadth of the content

covered (e.g., a course syllabus and the goals and objectives of the course),

particularly as it relates to the practice of psychology.

(B) Information that shows the course instructor's qualifications to teach

the content being taught (e.g., his or her education, training, experience, scope

of practice, licenses held and length of experience and expertise in the relevant

subject matter), particularly as it relates to the practice of psychology.

(C) Information that shows the course provider's qualifications to offer

the type of course being offered (e.g., the provider's background, history,

experience and similar courses previously offered by the provider), particularly

as it relates to the practice of psychology.

(3) This subsection does not apply to licensees engaged in the direct delivery

of mental health services.

(c) Psychologists requiring reasonable accommodation according to the

Americans with Disabilities Act may be granted an exemption from the on-site

participation requirement and may substitute all or part of their continuing

education requirement with an American Psychological Association or

accreditation agency approved independent learning continuing education

program. A qualified individual with a disability must apply to the Board to

receive this exemption.

(d) Any licensee who submits a request for an exemption or exception that

is denied by the Board shall complete any continuing education requirements

within 120 days of the notification that the request was denied.

NOTE: Authority cited: Sections 2915(g) and 2930, Business and Professions Code. Reference:

Section 2915, Business and Professions Code.

History

1. New section filed 12-29-94; operative 12-29-94 pursuant to Government Code Section 11346.2(d)

(Register 94, No. 52).

2. Amendment of subsection (a) filed 4-30-98; operative 5-30-98 (Register 98, No. 18).

3. Amendment of subsection (e) filed 11-24-99; operative 12-24-99 (Register 99, No. 48).

4. Amendment of section heading and section filed 7-21-2003; operative 8-20-2003 (Register 2003,

No. 30).

5. Amendment of subsection (a)(2) filed 12-10-2004; operative 1-9-2005 (Register 2004, No. 50).

6. Amendment of subsection (c) filed 11-16-2006; operative 12-16-2006 (Register 2006, No. 46).

7. Repealer and new section filed 2-16-2012; operative 1-1-2013 (Register 2012, No. 7).

8. Editorial correction of section heading and history notes (Register 2018, No. 37).

9. Change without regulatory effect amending section heading and repealing first paragraph filed

12-5-2018 pursuant to section 100, title 1, California Code of Regulations (Register 2018, No. 49).

§ 1397.63. Hour Value System. [Repealed]

NOTE: Authority cited: Sections 2915(g) and 2930, Business and Professions Code. Reference:

Section 2915, Business and Professions Code.

History

1. New section filed 12-29-94; operative 12-29-94 pursuant to Government Code Section 11346.2(d)

(Register 94, No. 52).

2. Amendment of subsection (b) filed 4-9-96; operative 5-9-96 (Register 96, No. 15).

3. Redesignation and amendment of former subsection (b) as new subsection (b)(1) and new

subsection (b)(2) filed 4-30-98; operative 5-30-98 (Register 98, No. 18).

197

Regulations

CALIFORNIA CODE OF REGULATIONS

4. Amendment of subsection (c) filed 11-24-99; operative 12-24-99 (Register 99, No. 48).

5. Amendment of subsection (b)(1) filed 4-5-2001; operative 5-5-2001 (Register 2001, No. 14).

6. Amendment of subsection (b)(1) filed 12-19-2001 as an emergency; operative 1-1-2002 (Register

2001, No. 51). A Certificate of Compliance must be transmitted to OAL by 5-1-2002 or emergency

language will be repealed by operation of law on the following day.

7. Certificate of Compliance as to 12-19-2001 order transmitted to OAL 1-8-2002 and filed 2-20-

2002 (Register 2002, No. 8).

8. New first paragraph adding sunset provisions filed 2-16-2012; operative 3-17-2012 (Register

2012, No. 7).

9. Change without regulatory effect repealing section filed 12-5-2018 pursuant to section 100,

title 1, California Code of Regulations (Register 2018, No. 49).

§ 1397.64. Accreditation Agencies. [Repealed]

NOTE: Authority cited: Sections 2915(g) and 2930, Business and Professions Code. Reference:

Section 2915, Business and Professions Code.

History

1. New section filed 12-29-94; operative 12-29-94 pursuant to Government Code Section 11346.2(d)

(Register 94, No. 52).

2. Amendment of subsections (a)(2)(B) and (a)(2)(D) filed 4-9-96; operative 5-9-96 (Register 96,

No. 15).

3. Amendment of subsection (a)(1)(A) filed 11-24-99; operative 12-24-99 (Register 99, No. 48).

4. Amendment of subsection (a)(1)(A) filed 12-18-2001; operative 1-1-2002 pursuant to

Government Code section 11343.4 (Register 2001, No. 51).

5. Change without regulatory effect amending subsection (a)(2)(F) filed 4-7-2003 pursuant to

section 100, title 1, California Code of Regulations (Register 2003, No. 15).

6. New first paragraph adding sunset provisions filed 2-16-2012; operative 3-17-2012 (Register

2012, No. 7).

7. Change without regulatory effect repealing section filed 12-5-2018 pursuant to section 100,

title 1, California Code of Regulations (Register 2018, No. 49).

§ 1397.65. Requirements for Approved Providers. [Repealed]

NOTE: Authority cited: Sections 2915(g) and 2930, Business and Professions Code. Reference:

Section 2915, Business and Professions Code.

History

1. New section filed 12-29-94; operative 12-29-94 pursuant to Government Code Section 11346.2(d)

(Register 94, No. 52).

2. Amendment of subsections (d) and (j) and new subsection (m) filed 4-9-96; operative 5-9-96

(Register 96, No. 15).

3. Redesignation and amendment of former subsection (b) as new subsection (b)(1), new subsection

(b)(2) and amendment of subsection (h) filed 4-30-98; operative 5-30-98 (Register 98, No. 18).

4. Amendment of subsection (c)(8) filed 11-24-99; operative 12-24-99 (Register 99, No. 48).

5. Amendment of subsections (b)(2), (c)(1) and (c)(6)-(7) and repealer of subsection (c)(8) filed 12-

18-2001; operative 1-1-2002 pursuant to Government Code section 11343.4 (Register 2001, No. 51).

6. New first paragraph adding sunset provisions filed 2-16-2012; operative 3-17-2012 (Register

2012, No. 7).

7. Change without regulatory effect repealing section filed 12-5-2018 pursuant to section 100,

title 1, California Code of Regulations (Register 2018, No. 49).

198

BOARD OF PSYCHOLOGY

Regulations

§ 1397.66. Provider Audit Requirements. [Repealed]

NOTE: Authority cited: Sections 2915(g) and 2930, Business and Professions Code. Reference:

Section 2915, Business and Professions Code.

History

1. New section filed 12-29-94; operative 12-29-94 pursuant to Government Code Section 11346.2(d)

(Register 94, No. 52).

2. Amendment filed 4-9-96; operative 5-9-96 (Register 96, No. 15).

3. New first paragraph adding sunset provisions filed 2-16-2012; operative 3-17-2012 (Register

2012, No. 7).

4. Change without regulatory effect repealing section filed 12-5-2018 pursuant to section 100,

title 1, California Code of Regulations (Register 2018, No. 49).

§ 1397.67. Renewal After Inactive or Delinquent Status.

(a) To activate a license which has been placed on inactive status pursuant

to section 2988 of the Code, the licensee must submit evidence of completion of

the requisite 36 hours of qualifying continuing education courses for the twoyear

period prior to establishing the license as active.

(b) For the renewal of a delinquent psychologist license within three years

of the date of expiration, the applicant for renewal shall provide evidence of

completion of 36 hours of qualifying continuing education courses for the twoyear

period prior to renewing the license.

After a license has been delinquent for three years, the license is

automatically cancelled and the applicant must submit a complete licensing

application, meet all current licensing requirements, and successfully pass the

licensing examination just as for the initial licensing application unless the

Board grants a waiver of the examination pursuant to section 2946 of the Code.

NOTE: Authority cited: Sections 2915(g) and 2930, Business and Professions Code. Reference:

Section 2915, 2984 and 2988, Business and Professions Code.

History

1. New section filed 12-29-94; operative 12-29-94 pursuant to Government Code Section 11346.2(d)

(Register 94, No. 52).

2. Amendment of section and Note filed 4-9-96; operative 5-9-96 (Register 96, No. 15).

3. Repealer and new section filed 2-16-2012; operative 1-1-2013 (Register 2012, No. 7).

4. Editorial correction of section heading and history notes (Register 2018, No. 37).

5. Change without regulatory effect amending section heading and section filed 12-5-2018

pursuant to section 100, title 1, California Code of Regulations (Register 2018, No. 49).

§ 1397.68. Provider Fees. [Repealed]

NOTE: Authority cited: Sections 2915(g) and 2930, Business and Professions Code. Reference:

Section 2915, Business and Professions Code.

History

1. New section filed 12-29-94; operative 12-29-94 pursuant to Government Code Section 11346.2(d)

(Register 94, No. 52).

2. Amendment of subsection (a)(3) and new subsection (a)(4) filed 11-24-99; operative 12-24-99

(Register 99, No. 48).

3. New first paragraph adding sunset provisions filed 2-16-2012; operative 3-17-2012 (Register

2012, No. 7).

4. Change without regulatory effect repealing section filed 12-5-2018 pursuant to section 100,

title 1, California Code of Regulations (Register 2018, No. 49).

199

Regulations

CALIFORNIA CODE OF REGULATIONS

§ 1397.69. Licensee Fees.

For the administration of this article, in addition to any other fees due the

Board and as a condition of renewal or reinstatement, a $10 fee is to be paid

to the Board by a licensee renewing in an active status or after inactive or

delinquent status.

NOTE: Authority cited: Sections 2915(g) and 2930, Business and Professions Code. Reference:

Section 2915(j), Business and Professions Code.

History

1. New section filed 12-29-94; operative 12-29-94 pursuant to Government Code Section 11346.2(d)

(Register 94, No. 52).

2. Amendment of Form No. 07M-BOP-14 filed 4-30-98; operative 5-30-98 (Register 98, No. 18).

3. Repealer and new section filed 2-16-2012; operative 1-1-2013 (Register 2012, No. 7).

4. Editorial correction of section heading and history notes (Register 2018, No. 37).

5. Change without regulatory effect amending section heading and repealing first paragraph filed

12-5-2018 pursuant to section 100, title 1, California Code of Regulations (Register 2018, No. 49).

§ 1397.70. Sanctions for Noncompliance.

(a) If documentation of the continuing education requirement is improper

or inadequate, the license is ineligible for renewal until any deficiency is

corrected, and is subject to citation or discipline. Continued practice without

a valid license shall constitute grounds for appropriate disciplinary action

pursuant to sections 148 and/or 2960 of the Code.

(b) Misrepresentation of compliance shall constitute grounds for disciplinary

action or denial.

NOTE: Authority cited: Sections 2915 and 2930, Business and Professions Code. Reference:

Section 2915, Business and Professions Code.

History

1. New section filed 4-9-96; operative 5-9-96 (Register 96, No. 15).

2. Amendment of subsection (a) filed 3-13-97; operative 4-12-97 (Register 97, No. 11).

3. Repealer and new section filed 2-16-2012; operative 1-1-2013 (Register 2012, No. 7).

4. Editorial correction of section heading and history notes (Register 2018, No. 37).

5. Change without regulatory effect amending section heading and repealing first paragraph filed

12-5-2018 pursuant to section 100, title 1, California Code of Regulations (Register 2018, No. 49).

§ 1397.71. Denial, Suspension and Revocation of CE Provider Status.

[Repealed]

NOTE: Authority cited: Sections 2915 and 2930, Business and Professions Code. Reference:

Section 2915, Business and Professions Code.

History

1. New section filed 7-6-2001; operative 8-5-2001 (Register 2001, No. 27).

2. New first paragraph adding sunset provisions filed 2-16-2012; operative 3-17-2012 (Register

2012, No. 7).

3. Change without regulatory effect repealing section filed 12-5-2018 pursuant to section 100,

title 1, California Code of Regulations (Register 2018, No. 49).

EXTRACTED FROM

CIVIL CODE

DIVISION 1

PERSONS

HISTORY: Enacted 1872. Heading amended Stats 1988 ch 160 § 12.

PART 2

PERSONAL RIGHTS

HISTORY: Enacted 1872.

§ 43.8. Immunity as to communication in aid of evaluation of practi-

tioner of healing or veterinary arts

(a) In addition to the privilege afforded by Section 47, there shall be no

monetary liability on the part of, and no cause of action for damages shall arise

against, any person on account of the communication of information in the

possession of that person to any hospital, hospital medical staff, veterinary

hospital staff, professional society, medical, dental, podiatric, psychology,

marriage and family therapy, professional clinical counselor, midwifery, or

veterinary school, professional licensing board or division, committee or panel

of a licensing board, the Senior Assistant Attorney General of the Health

Quality Enforcement Section appointed under Section 12529 of the Govern-

ment Code, peer review committee, quality assurance committees established

in compliance with Sections 4070 and 5624 of the Welfare and Institutions

Code, or underwriting committee described in Section 43.7 when the commu-

nication is intended to aid in the evaluation of the qualifications, fitness,

character, or insurability of a practitioner of the healing or veterinary arts.

(b) The immunities afforded by this section and by Section 43.7 shall not

affect the availability of any absolute privilege that may be afforded by Section

47.

(c) Nothing in this section is intended in any way to affect the California

Supreme Court's decision in Hassan v. Mercy American River Hospital (2003)

31 Cal.4th 709, holding that subdivision (a) provides a qualified privilege.

HISTORY:

Added Stats 1974 ch 1086 § 1. Amended Stats 1975 2d Ex Sess ch 1 § 24.4; Stats 1976 ch 532 § 2;

Stats 1977 ch 934 § 2; Stats 1982 ch 234 § 3, effective June 2, 1982, ch 705 § 2; Stats 1983 ch 1081

§ 2; Stats 1984 ch 515 § 4; Stats 1983 ch 1081 § 2, operative January 1, 1990; Stats 1990 ch 1597 §

30 (SB 2375); Stats 2002 ch 664 § 31 (AB 3034); Stats 2007 ch 36 § 1 (SB 822), effective January 1,

201

Misc.

2008; Stats 2008 ch 23 § 1 (AB 164), effective January 1, 2009; Stats 2011 ch 381 § 15 (SB 146),

effective January 1, 2012; Stats 2017 ch 775 § 106 (SB 798), effective January 1, 2018.

§ 43.92. Psychotherapist's duty to protect of patient's violent behav-

ior; Immunity from liability; Legislative intent

(a) There shall be no monetary liability on the part of, and no cause of action

shall arise against, any person who is a psychotherapist as defined in Section

1010 of the Evidence Code in failing to protect from a patient's threatened

violent behavior or failing to predict and protect from a patient's violent

behavior except if the patient has communicated to the psychotherapist a

serious threat of physical violence against a reasonably identifiable victim or

victims.

(b) There shall be no monetary liability on the part of, and no cause of action

shall arise against, a psychotherapist who, under the limited circumstances

specified in subdivision (a), discharges his or her duty to protect by making

reasonable efforts to communicate the threat to the victim or victims and to a

law enforcement agency.

(c) It is the intent of the Legislature that the amendments made by the act

adding this subdivision only change the name of the duty referenced in this

section from a duty to warn and protect to a duty to protect. Nothing in this

section shall be construed to be a substantive change, and any duty of a

psychotherapist shall not be modified as a result of changing the wording in

this section.

(d) It is the intent of the Legislature that a court interpret this section, as

amended by the act adding this subdivision, in a manner consistent with the

interpretation of this section as it read prior to January 1, 2013.

HISTORY:

Added Stats 1985 ch 737 § 1. Amended Stats 2006 ch 136 § 1 (AB 733), effective January 1, 2007;

Stats 2012 ch 149 § 1 (SB 1134), effective January 1, 2013.

§ 43.93. Patient's action against psychotherapist for sexual contact

(a) For the purposes of this section the following definitions are applicable:

(1) "Psychotherapy" means the professional treatment, assessment, or

counseling of a mental or emotional illness, symptom, or condition.

(2) "Psychotherapist" means a physician and surgeon specializing in the

practice of psychiatry, a psychologist, a psychological assistant, a marriage

and family therapist, a registered marriage and family therapist intern or

trainee, an educational psychologist, an associate clinical social worker, a

licensed clinical social worker, a professional clinical counselor, or a regis-

tered clinical counselor intern or trainee.

(3) "Sexual contact" means the touching of an intimate part of another

person. "Intimate part" and "touching" have the same meanings as defined

in subdivisions (f) and (d), respectively, of Section 243.4 of the Penal Code.

For the purposes of this section, sexual contact includes sexual intercourse,

sodomy, and oral copulation.

202

BOARD OF PSYCHOLOGY

Misc.

(4) "Therapeutic relationship" exists during the time the patient or client

is rendered professional service by the psychotherapist.

(5) "Therapeutic deception" means a representation by a psychotherapist

that sexual contact with the psychotherapist is consistent with or part of the

patient's or former patient's treatment.

(b) A cause of action against a psychotherapist for sexual contact exists for

a patient or former patient for injury caused by sexual contact with the

psychotherapist, if the sexual contact occurred under any of the following

conditions:

(1) During the period the patient was receiving psychotherapy from the

psychotherapist.

(2) Within two years following termination of therapy.

(3) By means of therapeutic deception.

(c) The patient or former patient may recover damages from a psychothera-

pist who is found liable for sexual contact. It is not a defense to the action that

sexual contact with a patient occurred outside a therapy or treatment session

or that it occurred off the premises regularly used by the psychotherapist for

therapy or treatment sessions. No cause of action shall exist between spouses

within a marriage.

(d) In an action for sexual contact, evidence of the plaintiff's sexual history

is not subject to discovery and is not admissible as evidence except in either of

the following situations:

(1) The plaintiff claims damage to sexual functioning.

(2) The defendant requests a hearing prior to conducting discovery and

makes an offer of proof of the relevancy of the history, and the court finds

that the history is relevant and the probative value of the history outweighs

its prejudicial effect.

The court shall allow the discovery or introduction as evidence only of

specific information or examples of the plaintiff's conduct that are deter-

mined by the court to be relevant. The court's order shall detail the

information or conduct that is subject to discovery.

HISTORY:

Added Stats 1987 ch 1474 § 1. Amended Stats 1992 ch 890 § 5 (SB 1394); Stats 1993 ch 589 § 19

(AB 2211); Stats 2002 ch 1013 § 73 (SB 2026); Stats 2011 ch 381 § 16 (SB 146), effective January 1,

2012.

203

CIVIL CODE

Misc.

PART 2.6

CONFIDENTIALITY OF MEDICAL INFORMATION

HISTORY: Added Stats 1981 ch 782 § 2. Former Part 2.6, similar to present Part 2.6, consisting

of §§ 56-56.32, was added Stats 1979 ch 773 § 1 and repealed Stats 1981 ch 782 § 1.5.

CHAPTER 1

DEFINITIONS

HISTORY: Added Stats 1981 ch 782 § 2.

§ 56. Short title

This part may be cited as the Confidentiality of Medical Information Act.

HISTORY:

Added Stats 1981 ch 782 § 2.

CHAPTER 2

DISCLOSURE OF MEDICAL INFORMATION BY

PROVIDERS

HISTORY: Added Stats 1981 ch 782 § 2.

§ 56.10. Authorization for disclosure; When disclosure compelled;

When disclosure allowed; Prohibitions

(a) Aprovider of health care, health care service plan, or contractor shall not

disclose medical information regarding a patient of the provider of health care

or an enrollee or subscriber of a health care service plan without first obtaining

an authorization, except as provided in subdivision (b) or (c).

(b) A provider of health care, a health care service plan, or a contractor shall

disclose medical information if the disclosure is compelled by any of the

following:

(1) By a court pursuant to an order of that court.

(2) By a board, commission, or administrative agency for purposes of

adjudication pursuant to its lawful authority.

(3) By a party to a proceeding before a court or administrative agency

pursuant to a subpoena, subpoena duces tecum, notice to appear served

pursuant to Section 1987 of the Code of Civil Procedure, or any provision

authorizing discovery in a proceeding before a court or administrative

agency.

(4) By a board, commission, or administrative agency pursuant to an

investigative subpoena issued under Article 2 (commencing with Section

11180) of Chapter 2 of Part 1 of Division 3 of Title 2 of the Government Code.

204

BOARD OF PSYCHOLOGY

Misc.

(5) By an arbitrator or arbitration panel, when arbitration is lawfully

requested by either party, pursuant to a subpoena duces tecum issued under

Section 1282.6 of the Code of Civil Procedure, or another provision autho-

rizing discovery in a proceeding before an arbitrator or arbitration panel.

(6) By a search warrant lawfully issued to a governmental law enforce-

ment agency.

(7) By the patient or the patient's representative pursuant to Chapter 1

(commencing with Section 123100) of Part 1 of Division 106 of the Health

and Safety Code.

(8) By a medical examiner, forensic pathologist, or coroner, when re-

quested in the course of an investigation by a medical examiner, forensic

pathologist, or coroner's office for the purpose of identifying the decedent or

locating next of kin, or when investigating deaths that may involve public

health concerns, organ or tissue donation, child abuse, elder abuse, suicides,

poisonings, accidents, sudden infant deaths, suspicious deaths, unknown

deaths, or criminal deaths, or upon notification of, or investigation of,

imminent deaths that may involve organ or tissue donation pursuant to

Section 7151.15 of the Health and Safety Code, or when otherwise autho-

rized by the decedent's representative. Medical information requested by a

medical examiner, forensic pathologist, or coroner under this paragraph

shall be limited to information regarding the patient who is the decedent and

who is the subject of the investigation or who is the prospective donor and

shall be disclosed to a medical examiner, forensic pathologist, or coroner

without delay upon request. A medical examiner, forensic pathologist, or

coroner shall not disclose the information contained in the medical record

obtained pursuant to this paragraph to a third party without a court order

or authorization pursuant to paragraph (4) of subdivision (c) of Section 56.11.

(9) When otherwise specifically required by law.

(c) A provider of health care or a health care service plan may disclose

medical information as follows:

(1) The information may be disclosed to providers of health care, health

care service plans, contractors, or other health care professionals or facilities

for purposes of diagnosis or treatment of the patient. This includes, in an

emergency situation, the communication of patient information by radio

transmission or other means between emergency medical personnel at the

scene of an emergency, or in an emergency medical transport vehicle, and

emergency medical personnel at a health facility licensed pursuant to

Chapter 2 (commencing with Section 1250) of Division 2 of the Health and

Safety Code.

(2) The information may be disclosed to an insurer, employer, health care

service plan, hospital service plan, employee benefit plan, governmental

authority, contractor, or other person or entity responsible for paying for

health care services rendered to the patient, to the extent necessary to allow

responsibility for payment to be determined and payment to be made. If (A)

the patient is, by reason of a comatose or other disabling medical condition,

205

CIVIL CODE

Misc.

unable to consent to the disclosure of medical information and (B) no other

arrangements have been made to pay for the health care services being

rendered to the patient, the information may be disclosed to a governmental

authority to the extent necessary to determine the patient's eligibility for,

and to obtain, payment under a governmental program for health care

services provided to the patient. The information may also be disclosed to

another provider of health care or health care service plan as necessary to

assist the other provider or health care service plan in obtaining payment for

health care services rendered by that provider of health care or health care

service plan to the patient.

(3) The information may be disclosed to a person or entity that provides

billing, claims management, medical data processing, or other administra-

tive services for providers of health care or health care service plans or for

any of the persons or entities specified in paragraph (2). However, informa-

tion so disclosed shall not be further disclosed by the recipient in a way that

would violate this part.

(4) The information may be disclosed to organized committees and agents

of professional societies or of medical staffs of licensed hospitals, licensed

health care service plans, professional standards review organizations,

independent medical review organizations and their selected reviewers,

utilization and quality control peer review organizations as established by

Congress in Public Law 97-248 in 1982, contractors, or persons or organiza-

tions insuring, responsible for, or defending professional liability that a

provider may incur, if the committees, agents, health care service plans,

organizations, reviewers, contractors, or persons are engaged in reviewing

the competence or qualifications of health care professionals or in reviewing

health care services with respect to medical necessity, level of care, quality

of care, or justification of charges.

(5) The information in the possession of a provider of health care or a

health care service plan may be reviewed by a private or public body

responsible for licensing or accrediting the provider of health care or a health

care service plan. However, no patient-identifying medical information may

be removed from the premises except as expressly permitted or required

elsewhere by law, nor shall that information be further disclosed by the

recipient in a way that would violate this part.

(6) The information may be disclosed to a medical examiner, forensic

pathologist, or county coroner in the course of an investigation by a medical

examiner, forensic pathologist, or coroner's office when requested for all

purposes not included in paragraph (8) of subdivision (b). A medical

examiner, forensic pathologist, or coroner shall not disclose the information

contained in the medical record obtained pursuant to this paragraph to a

third party without a court order or authorization pursuant to paragraph (4)

of subdivision (c) of Section 56.11.

(7) The information may be disclosed to public agencies, clinical investi-

gators, including investigators conducting epidemiologic studies, health care

206

BOARD OF PSYCHOLOGY

Misc.

research organizations, and accredited public or private nonprofit educa-

tional or health care institutions for bona fide research purposes. However,

no information so disclosed shall be further disclosed by the recipient in a

way that would disclose the identity of a patient or violate this part.

(8) A provider of health care or health care service plan that has created

medical information as a result of employment-related health care services

to an employee conducted at the specific prior written request and expense

of the employer may disclose to the employee's employer that part of the

information that:

(A) Is relevant in a lawsuit, arbitration, grievance, or other claim or

challenge to which the employer and the employee are parties and in

which the patient has placed in issue his or her medical history, mental or

physical condition, or treatment, provided that information may only be

used or disclosed in connection with that proceeding.

(B) Describes functional limitations of the patient that may entitle the

patient to leave from work for medical reasons or limit the patient's fitness

to perform his or her present employment, provided that no statement of

medical cause is included in the information disclosed.

(9) Unless the provider of health care or a health care service plan is

notified in writing of an agreement by the sponsor, insurer, or administrator

to the contrary, the information may be disclosed to a sponsor, insurer, or

administrator of a group or individual insured or uninsured plan or policy

that the patient seeks coverage by or benefits from, if the information was

created by the provider of health care or health care service plan as the

result of services conducted at the specific prior written request and expense

of the sponsor, insurer, or administrator for the purpose of evaluating the

application for coverage or benefits.

(10) The information may be disclosed to a health care service plan by

providers of health care that contract with the health care service plan and

may be transferred among providers of health care that contract with the

health care service plan, for the purpose of administering the health care

service plan. Medical information shall not otherwise be disclosed by a

health care service plan except in accordance with this part.

(11) This part does not prevent the disclosure by a provider of health care

or a health care service plan to an insurance institution, agent, or support

organization, subject to Article 6.6 (commencing with Section 791) of

Chapter 1 of Part 2 of Division 1 of the Insurance Code, of medical

information if the insurance institution, agent, or support organization has

complied with all of the requirements for obtaining the information pursu-

ant to Article 6.6 (commencing with Section 791) of Chapter 1 of Part 2 of

Division 1 of the Insurance Code.

(12) The information relevant to the patient's condition, care, and treat-

ment provided may be disclosed to a probate court investigator in the course

of an investigation required or authorized in a conservatorship proceeding

under the Guardianship-Conservatorship Law as defined in Section 1400 of

207

CIVIL CODE

Misc.

the Probate Code, or to a probate court investigator, probation officer, or

domestic relations investigator engaged in determining the need for an

initial guardianship or continuation of an existing guardianship.

(13) The information may be disclosed to an organ procurement organi-

zation or a tissue bank processing the tissue of a decedent for transplanta-

tion into the body of another person, but only with respect to the donating

decedent, for the purpose of aiding the transplant. For the purpose of this

paragraph, "tissue bank" and "tissue" have the same meanings as defined in

Section 1635 of the Health and Safety Code.

(14) The information may be disclosed when the disclosure is otherwise

specifically authorized by law, including, but not limited to, the voluntary

reporting, either directly or indirectly, to the federal Food and Drug

Administration of adverse events related to drug products or medical device

problems, or to disclosures made pursuant to subdivisions (b) and (c) of

Section 11167 of the Penal Code by a person making a report pursuant to

Sections 11165.9 and 11166 of the Penal Code, provided that those disclo-

sures concern a report made by that person.

(15) Basic information, including the patient's name, city of residence,

age, sex, and general condition, may be disclosed to a state-recognized or

federally recognized disaster relief organization for the purpose of respond-

ing to disaster welfare inquiries.

(16) The information may be disclosed to a third party for purposes of

encoding, encrypting, or otherwise anonymizing data. However, no informa-

tion so disclosed shall be further disclosed by the recipient in a way that

would violate this part, including the unauthorized manipulation of coded or

encrypted medical information that reveals individually identifiable medical

information.

(17) For purposes of disease management programs and services as

defined in Section 1399.901 of the Health and Safety Code, information may

be disclosed as follows: (A) to an entity contracting with a health care service

plan or the health care service plan's contractors to monitor or administer

care of enrollees for a covered benefit, if the disease management services

and care are authorized by a treating physician, or (B) to a disease

management organization, as defined in Section 1399.900 of the Health and

Safety Code, that complies fully with the physician authorization require-

ments of Section 1399.902 of the Health and Safety Code, if the health care

service plan or its contractor provides or has provided a description of the

disease management services to a treating physician or to the health care

service plan's or contractor's network of physicians. This paragraph does not

require physician authorization for the care or treatment of the adherents of

a well-recognized church or religious denomination who depend solely upon

prayer or spiritual means for healing in the practice of the religion of that

church or denomination.

(18) The information may be disclosed, as permitted by state and federal

law or regulation, to a local health department for the purpose of preventing

208

BOARD OF PSYCHOLOGY

Misc.

or controlling disease, injury, or disability, including, but not limited to, the

reporting of disease, injury, vital events, including, but not limited to, birth

or death, and the conduct of public health surveillance, public health

investigations, and public health interventions, as authorized or required by

state or federal law or regulation.

(19) The information may be disclosed, consistent with applicable law and

standards of ethical conduct, by a psychotherapist, as defined in Section

1010 of the Evidence Code, if the psychotherapist, in good faith, believes the

disclosure is necessary to prevent or lessen a serious and imminent threat to

the health or safety of a reasonably foreseeable victim or victims, and the

disclosure is made to a person or persons reasonably able to prevent or

lessen the threat, including the target of the threat.

(20) The information may be disclosed as described in Section 56.103.

(21)(A) The information may be disclosed to an employee welfare benefit

plan, as defined under Section 3(1) of the Employee Retirement Income

Security Act of 1974 (29 U.S.C. Sec. 1002(1)), which is formed under

Section 302(c)(5) of the Taft-Hartley Act (29 U.S.C. Sec. 186(c)(5)), to the

extent that the employee welfare benefit plan provides medical care, and

may also be disclosed to an entity contracting with the employee welfare

benefit plan for billing, claims management, medical data processing, or

other administrative services related to the provision of medical care to

persons enrolled in the employee welfare benefit plan for health care

coverage, if all of the following conditions are met:

(i) The disclosure is for the purpose of determining eligibility, coordi-

nating benefits, or allowing the employee welfare benefit plan or the

contracting entity to advocate on the behalf of a patient or enrollee with

a provider, a health care service plan, or a state or federal regulatory

agency.

(ii) The request for the information is accompanied by a written

authorization for the release of the information submitted in a manner

consistent with subdivision (a) and Section 56.11.

(iii) The disclosure is authorized by and made in a manner consistent

with the Health Insurance Portability and Accountability Act of 1996

(Public Law 104-191).

(iv) Any information disclosed is not further used or disclosed by the

recipient in any way that would directly or indirectly violate this part or

the restrictions imposed by Part 164 of Title 45 of the Code of Federal

Regulations, including the manipulation of the information in any way

that might reveal individually identifiable medical information.

(B) For purposes of this paragraph, Section 1374.8 of the Health and

Safety Code shall not apply.

(22) Information may be disclosed pursuant to subdivision (a) of Section

15633.5 of the Welfare and Institutions Code by a person required to make

a report pursuant to Section 15630 of the Welfare and Institutions Code,

provided that the disclosure under subdivision (a) of Section 15633.5

209

CIVIL CODE

Misc.

concerns a report made by that person. Covered entities, as they are defined

in Section 160.103 of Title 45 of the Code of Federal Regulations, shall

comply with the requirements of the Health Insurance Portability and

Accountability Act (HIPAA) privacy rule pursuant to subsection (c) of Section

164.512 of Title 45 of the Code of Federal Regulations if the disclosure is not

for the purpose of public health surveillance, investigation, intervention, or

reporting an injury or death.

(d) Except to the extent expressly authorized by a patient, enrollee, or

subscriber, or as provided by subdivisions (b) and (c), a provider of health care,

health care service plan, contractor, or corporation and its subsidiaries and

affiliates shall not intentionally share, sell, use for marketing, or otherwise use

medical information for a purpose not necessary to provide health care services

to the patient.

(e) Except to the extent expressly authorized by a patient or enrollee or

subscriber or as provided by subdivisions (b) and (c), a contractor or corpora-

tion and its subsidiaries and affiliates shall not further disclose medical

information regarding a patient of the provider of health care or an enrollee or

subscriber of a health care service plan or insurer or self-insured employer

received under this section to a person or entity that is not engaged in

providing direct health care services to the patient or his or her provider of

health care or health care service plan or insurer or self-insured employer.

(f) For purposes of this section, a reference to a "medical examiner, forensic

pathologist, or coroner" means a coroner or deputy coroner as described in

subdivision (c) of Section 830.35 of the Penal Code, or a licensed physician who

currently performs official autopsies on behalf of a county coroner's office or a

medical examiner's office, whether as a government employee or under

contract to that office.

HISTORY:

Added Stats 2000 ch 1068 § 1.16 (AB 1836), operative January 1, 2003. Amended Stats 2002 ch 123

§ 1 (AB 1958); Stats 2003 ch 562 § 2 (AB 715); Stats 2006 ch 874 § 2 (SB 1430), effective January 1,

2007; Stats 2007 ch 506 § 1 (AB 1178) (ch 553 prevails), effective January 1, 2008; Stats 2007 ch 552

§ 2 (AB 1687) (ch 553 prevails), effective January 1, 2008; Stats 2007 ch 553 § 1.9 (AB 1727), effective

January 1, 2008; Stats 2008 ch 179 § 27 (SB 1498), effective January 1, 2009; Stats 2009 ch 493 § 1

(AB 952), effective January 1, 2010; Stats 2010 ch 540 § 1 (AB 2028), effective January 1, 2011; Stats

2013 ch 341 § 1 (AB 1297), effective January 1, 2014; Stats 2016 ch 690 § 1 (AB 2119), effective

January 1, 2017.

§ 56.103. Disclosure of minor's medical information or minor's men-

tal health condition for purpose of coordinating health care services

and medical treatment

(a) A provider of health care may disclose medical information to a county

social worker, a probation officer, a foster care public health nurse acting

pursuant to Section 16501.3 of the Welfare and Institutions Code, or any other

person who is legally authorized to have custody or care of a minor for the

purpose of coordinating health care services and medical treatment provided to

the minor, including, but not limited to, the sharing of information related to

210

BOARD OF PSYCHOLOGY

Misc.

screenings, assessments, and laboratory tests necessary to monitor the admin-

istration of psychotropic medications.

(b) For purposes of this section, health care services and medical treatment

includes one or more providers of health care providing, coordinating, or

managing health care and related services, including, but not limited to, a

provider of health care coordinating health care with a third party, consulta-

tion between providers of health care and medical treatment relating to a

minor, or a provider of health care referring a minor for health care services to

another provider of health care.

(c) For purposes of this section, a county social worker, a probation officer,

foster care public health nurse, or any other person who is legally authorized

to have custody or care of a minor shall be considered a third party who may

receive any of the following:

(1) Medical information described in Sections 56.05 and 56.10.

(2) Protected health information described in Section 160.103 of Title 45 of

the Code of Federal Regulations.

(d) Medical information disclosed to a county social worker, probation

officer, foster care public health nurse, or any other person who is legally

authorized to have custody or care of a minor shall not be further disclosed by

the recipient unless the disclosure is for the purpose of coordinating health

care services and medical treatment of the minor and the disclosure is

authorized by law. Medical information disclosed pursuant to this section may

not be admitted into evidence in any criminal or delinquency proceeding

against the minor. Nothing in this subdivision shall prohibit identical evidence

from being admissible in a criminal proceeding if that evidence is derived

solely from lawful means other than this section and is permitted by law.

(e)(1) Notwithstanding Section 56.104, if a provider of health care deter-

mines that the disclosure of medical information concerning the diagnosis

and treatment of a mental health condition of a minor is reasonably

necessary for the purpose of assisting in coordinating the treatment and care

of the minor, that information may be disclosed to a county social worker,

probation officer, foster care public health nurse, or any other person who is

legally authorized to have custody or care of the minor. The information shall

not be further disclosed by the recipient unless the disclosure is for the

purpose of coordinating mental health services and treatment of the minor

and the disclosure is authorized by law.

(2) As used in this subdivision, "medical information" does not include

psychotherapy notes as defined in Section 164.501 of Title 45 of the Code of

Federal Regulations.

(f) The disclosure of information pursuant to this section is not intended to

limit the disclosure of information when that disclosure is otherwise required

by law.

(g) For purposes of this section, "minor" means a minor taken into tempo-

rary custody or as to whom a petition has been filed with the court, or who has

been adjudged to be a dependent child or ward of the juvenile court pursuant

to Section 300 or 601 of the Welfare and Institutions Code.

211

CIVIL CODE

Misc.

(h)(1) Except as described in paragraph (1) of subdivision (e), nothing in this

section shall be construed to limit or otherwise affect existing privacy

protections provided for in state or federal law.

(2) Nothing in this section shall be construed to expand the authority of a

social worker, probation officer, foster care public health nurse, or custodial

caregiver beyond the authority provided under existing law to a parent or a

patient representative regarding access to medical information.

HISTORY:

Added Stats 2007 ch 552 § 3 (AB 1687), effective January 1, 2008. Amended Stats 2008 ch 699 § 1

(SB 1241), ch 700 § 1 (AB 2352) (ch 700 prevails), effective January 1, 2009; Stats 2015 ch 535 § 1 (SB

319), effective January 1, 2016.

§ 56.104. Release of information on outpatient psychotherapy treat-

ment

(a) Notwithstanding subdivision (c) of Section 56.10, except as provided in

subdivision (e), no provider of health care, health care service plan, or

contractor may release medical information to persons or entities who have

requested that information and who are authorized by law to receive that

information pursuant to subdivision (c) of Section 56.10, if the requested

information specifically relates to the patient's participation in outpatient

treatment with a psychotherapist, unless the person or entity requesting that

information submits to the patient pursuant to subdivision (b) and to the

provider of health care, health care service plan, or contractor a written

request, signed by the person requesting the information or an authorized

agent of the entity requesting the information, that includes all of the

following:

(1) The specific information relating to a patient's participation in outpa-

tient treatment with a psychotherapist being requested and its specific

intended use or uses.

(2) The length of time during which the information will be kept before

being destroyed or disposed of. A person or entity may extend that time-

frame, provided that the person or entity notifies the provider, plan, or

contractor of the extension. Any notification of an extension shall include the

specific reason for the extension, the intended use or uses of the information

during the extended time, and the expected date of the destruction of the

information.

(3) A statement that the information will not be used for any purpose

other than its intended use.

(4) A statement that the person or entity requesting the information will

destroy the information and all copies in the person's or entity's possession

or control, will cause it to be destroyed, or will return the information and all

copies of it before or immediately after the length of time specified in

paragraph (2) has expired.

(b) The person or entity requesting the information shall submit a copy of

the written request required by this section to the patient within 30 days of

212

BOARD OF PSYCHOLOGY

Misc.

receipt of the information requested, unless the patient has signed a written

waiver in the form of a letter signed and submitted by the patient to the

provider of health care or health care service plan waiving notification.

(c) For purposes of this section, "psychotherapist" means a person who is

both a "psychotherapist" as defined in Section 1010 of the Evidence Code and

a "provider of health care" as defined in Section 56.05.

(d) This section does not apply to the disclosure or use of medical informa-

tion by a law enforcement agency or a regulatory agency when required for an

investigation of unlawful activity or for licensing, certification, or regulatory

purposes, unless the disclosure is otherwise prohibited by law.

(e) This section shall not apply to any of the following:

(1) Information authorized to be disclosed pursuant to paragraph (1) of

subdivision (c) of Section 56.10.

(2) Information requested from a psychotherapist by law enforcement or

by the target of the threat subsequent to a disclosure by that psychotherapist

authorized by paragraph (19) of subdivision (c) of Section 56.10, in which the

additional information is clearly necessary to prevent the serious and

imminent threat disclosed under that paragraph.

(3) Information disclosed by a psychotherapist pursuant to paragraphs

(14) and (22) of subdivision (c) of Section 56.10 and requested by an agency

investigating the abuse reported pursuant to those paragraphs.

(f) Nothing in this section shall be construed to grant any additional

authority to a provider of health care, health care service plan, or contractor to

disclose information to a person or entity without the patient's consent.

HISTORY:

Added Stats 1999 ch 527 § 3 (AB 416). Amended Stats 2004 ch 463 § 1 (SB 598); Stats 2009 ch 464

§ 1 (AB 681), effective January 1, 2010; Stats 2010 ch 540 § 2 (AB 2028), effective January 1, 2011;

Stats 2013 ch 444 § 3 (SB 138), effective January 1, 2014.

§ 56.106. Disclosure or release of information on minor removed

from physical custody of parent or guardian; Restrictions; Applica-

bility

(a) Notwithstanding Section 3025 of the Family Code, paragraph (2) of

subdivision (c) of Section 56.11, or any other provision of law, a psychotherapist

who knows that a minor has been removed from the custody of his or her

parent or guardian pursuant to Article 6 (commencing with Section 300) to

Article 10 (commencing with Section 360), inclusive, of Chapter 2 of Part 1 of

Division 2 of the Welfare and Institutions Code shall not release the mental

health records of the minor patient and shall not disclose mental health

information about that minor patient based upon an authorization to release

those records signed by the minor's parent or guardian. This restriction shall

not apply if the juvenile court has issued an order authorizing the parent or

guardian to sign an authorization for the release of the mental health records

or the information about the minor patient after finding that such an order

would not be detrimental to the minor patient.

213

CIVIL CODE

Misc.

(b) For purposes of this section, the following definitions apply:

(1) "Mental health records" means mental health records as defined by

subdivision (b) of Section 123105 of the Health and Safety Code.

(2) "Psychotherapist" means a provider of health care as defined in

Section 1010 of the Evidence Code.

(c) When the juvenile court has issued an order authorizing the parent or

guardian to sign an authorization for the release of the mental health records

or information about that minor patient under the circumstances described in

subdivision (a), the parent or guardian seeking the release of the minor's

records or information about the minor shall present a copy of the court order

to the psychotherapist before any records or information may be released

pursuant to the signed authorization.

(d) Nothing in this section shall be construed to prevent or limit a psycho-

therapist's authority under subdivision (a) of Section 123115 of the Health and

Safety Code to deny a parent's or guardian's written request to inspect or

obtain copies of the minor patient's mental health records, notwithstanding

the fact that the juvenile court has issued an order authorizing the parent or

guardian to sign an authorization for the release of the mental health records

or information about that minor patient. Liability for a psychotherapist's

decision not to release the mental health records of the minor patient or not to

disclose information about the minor patient pursuant to the authority of

subdivision (a) of Section 123115 of the Health and Safety Code shall be

governed by that section.

(e) Nothing in this section shall be construed to impose upon a psychothera-

pist a duty to inquire or investigate whether a child has been removed from the

physical custody of his or her parent or guardian pursuant to Article 6

(commencing with Section 300) to Article 10 (commencing with Section 360),

inclusive, of Chapter 2 of Part 1 of Division 2 of the Welfare and Institutions

Code when a parent or guardian presents the minor's psychotherapist with an

authorization to release information or the mental health records regarding

the minor patient.

HISTORY:

Added Stats 2012 ch 657 § 1 (SB 1407), effective January 1, 2013.

§ 56.11. Form and contents of authorization

Any person or entity that wishes to obtain medical information pursuant to

subdivision (a) of Section 56.10, other than a person or entity authorized to

receive medical information pursuant to subdivision (b) or (c) of Section 56.10,

except as provided in paragraph (21) of subdivision (c) of Section 56.10, shall

obtain a valid authorization for the release of this information.

An authorization for the release of medical information by a provider of

health care, health care service plan, pharmaceutical company, or contractor

shall be valid if it:

(a) Is handwritten by the person who signs it or is in a typeface no smaller

than 14-point type.

214

BOARD OF PSYCHOLOGY

Misc.

(b) Is clearly separate from any other language present on the same page

and is executed by a signature which serves no other purpose than to execute

the authorization.

(c) Is signed and dated by one of the following:

(1) The patient.Apatient who is a minor may only sign an authorization

for the release of medical information obtained by a provider of health

care, health care service plan, pharmaceutical company, or contractor in

the course of furnishing services to which the minor could lawfully have

consented under Part 1 (commencing with Section 25) or Part 2.7 (com-

mencing with Section 60).

(2) The legal representative of the patient, if the patient is a minor or an

incompetent. However, authorization may not be given under this subdi-

vision for the disclosure of medical information obtained by the provider of

health care, health care service plan, pharmaceutical company, or contrac-

tor in the course of furnishing services to which a minor patient could

lawfully have consented under Part 1 (commencing with Section 25) or

Part 2.7 (commencing with Section 60).

(3) The spouse of the patient or the person financially responsible for

the patient, where the medical information is being sought for the sole

purpose of processing an application for health insurance or for enrollment

in a nonprofit hospital plan, a health care service plan, or an employee

benefit plan, and where the patient is to be an enrolled spouse or

dependent under the policy or plan.

(4) The beneficiary or personal representative of a deceased patient.

(d) States the specific uses and limitations on the types of medical

information to be disclosed.

(e) States the name or functions of the provider of health care, health care

service plan, pharmaceutical company, or contractor that may disclose the

medical information.

(f) States the name or functions of the persons or entities authorized to

receive the medical information.

(g) States the specific uses and limitations on the use of the medical

information by the persons or entities authorized to receive the medical

information.

(h) States a specific date after which the provider of health care, health

care service plan, pharmaceutical company, or contractor is no longer

authorized to disclose the medical information.

(i) Advises the person signing the authorization of the right to receive a

copy of the authorization.

HISTORY:

Added Stats 1981 ch 782 § 2. Amended Stats 1999 ch 526 § 4 (SB 19); Stats 2000 ch 1066 § 3 (SB

1903); Stats 2002 ch 853 § 4 (AB 2191); Stats 2003 ch 562 § 3 (AB 715); Stats 2009 ch 493 § 2 (AB 952),

effective January 1, 2010.

215

CIVIL CODE

Misc.

CHAPTER 3

USE AND DISCLOSURE OF MEDICAL

INFORMATION BY EMPLOYERS

HISTORY: Added Stats 1981 ch 782 § 2.

§ 56.20. Confidentiality; Necessity of authorization

(a) Each employer who receives medical information shall establish appro-

priate procedures to ensure the confidentiality and protection from unauthor-

ized use and disclosure of that information. These procedures may include, but

are not limited to, instruction regarding confidentiality of employees and

agents handling files containing medical information, and security systems

restricting access to files containing medical information.

(b) No employee shall be discriminated against in terms or conditions of

employment due to that employee's refusal to sign an authorization under this

part. However, nothing in this section shall prohibit an employer from taking

such action as is necessary in the absence of medical information due to an

employee's refusal to sign an authorization under this part.

(c) No employer shall use, disclose, or knowingly permit its employees or

agents to use or disclose medical information which the employer possesses

pertaining to its employees without the patient having first signed an autho-

rization under Section 56.11 or Section 56.21 permitting such use or disclosure,

except as follows:

(1) The information may be disclosed if the disclosure is compelled by

judicial or administrative process or by any other specific provision of law.

(2) That part of the information which is relevant in a lawsuit, arbitra-

tion, grievance, or other claim or challenge to which the employer and

employee are parties and in which the patient has placed in issue his or her

medical history, mental or physical condition, or treatment may be used or

disclosed in connection with that proceeding.

(3) The information may be used only for the purpose of administering

and maintaining employee benefit plans, including health care plans and

plans providing short-term and long-term disability income, workers'

compensation and for determining eligibility for paid and unpaid leave from

work for medical reasons.

(4) The information may be disclosed to a provider of health care or other

health care professional or facility to aid the diagnosis or treatment of the

patient, where the patient or other person specified in subdivision (c) of

Section 56.21 is unable to authorize the disclosure.

(d) If an employer agrees in writing with one or more of its employees or

maintains a written policy which provides that particular types of medical

information shall not be used or disclosed by the employer in particular ways,

the employer shall obtain an authorization for such uses or disclosures even if

an authorization would not otherwise be required by subdivision (c).

216

BOARD OF PSYCHOLOGY

Misc.

HISTORY:

Added Stats 1981 ch 782 § 2.

§ 56.21. Form and contents of authorization

An authorization for an employer to disclose medical information shall be

valid if it complies with all of the following:

(a) Is handwritten by the person who signs it or is in a typeface no smaller

than 14-point type.

(b) Is clearly separate from any other language present on the same page

and is executed by a signature that serves no purpose other than to execute

the authorization.

(c) Is signed and dated by one of the following:

(1) The patient, except that a patient who is a minor may only sign an

authorization for the disclosure of medical information obtained by a

provider of health care in the course of furnishing services to which the

minor could lawfully have consented under Part 1 (commencing with

Section 25) or Part 2.7 (commencing with Section 60) of Division 1.

(2) The legal representative of the patient, if the patient is a minor or

incompetent. However, authorization may not be given under this subdi-

vision for the disclosure of medical information that pertains to a compe-

tent minor and that was created by a provider of health care in the course

of furnishing services to which a minor patient could lawfully have

consented under Part 1 (commencing with Section 25) or Part 2.7 (com-

mencing with Section 60) of Division 1.

(3) The beneficiary or personal representative of a deceased patient.

(d) States the limitations, if any, on the types of medical information to be

disclosed.

(e) States the name or functions of the employer or person authorized to

disclose the medical information.

(f) States the names or functions of the persons or entities authorized to

receive the medical information.

(g) States the limitations, if any, on the use of the medical information by

the persons or entities authorized to receive the medical information.

(h) States a specific date after which the employer is no longer authorized

to disclose the medical information.

(i) Advises the person who signed the authorization of the right to receive

a copy of the authorization.

HISTORY:

Added Stats 1981 ch 782 § 2. Amended Stats 2003 ch 562 § 5 (AB 715); Stats 2006 ch 538 § 39 (SB

1852), effective January 1, 2007.

217

CIVIL CODE

Misc.

Misc.

EXTRACTED FROM

CORPORATIONS CODE

TITLE 1

CORPORATIONS

DIVISION 3

CORPORATIONS FOR SPECIFIC PURPOSES

PART 4

PROFESSIONAL CORPORATIONS

HISTORY: Added Stats 1968 ch 1375 § 9.

§ 13400. Citation of part

This part shall be known and may be cited as the "Moscone-Knox Profes-

sional Corporation Act."

HISTORY:

Added Stats 1968 ch 1375 § 9.

§ 13401. Definitions

As used in this part:

(a) "Professional services" means any type of professional services that

may be lawfully rendered only pursuant to a license, certification, or

registration authorized by the Business and Professions Code, the Chiro-

practic Act, or the Osteopathic Act.

(b) "Professional corporation" means a corporation organized under the

General Corporation Law or pursuant to subdivision (b) of Section 13406

that is engaged in rendering professional services in a single profession,

except as otherwise authorized in Section 13401.5, pursuant to a certificate

of registration issued by the governmental agency regulating the profession

as herein provided and that in its practice or business designates itself as a

professional or other corporation as may be required by statute. However,

any professional corporation or foreign professional corporation rendering

professional services by persons duly licensed by the Medical Board of

California or any examining committee under the jurisdiction of the board,

the California Board of Podiatric Medicine, the Osteopathic Medical Board of

California, the Dental Board of California, the Dental Hygiene Board of

California, the California State Board of Pharmacy, the Veterinary Medical

Board, the California Architects Board, the Court Reporters Board of

219

Misc.

California, the Board of Behavioral Sciences, the Speech-Language Pathol-

ogy and Audiology Board, the Board of Registered Nursing, or the State

Board of Optometry shall not be required to obtain a certificate of registra-

tion in order to render those professional services.

(c) "Foreign professional corporation" means a corporation organized

under the laws of a state of the United States other than this state that is

engaged in a profession of a type for which there is authorization in the

Business and Professions Code for the performance of professional services

by a foreign professional corporation.

(d) "Licensed person" means any natural person who is duly licensed

under the provisions of the Business and Professions Code, the Chiropractic

Act, or the Osteopathic Act to render the same professional services as are or

will be rendered by the professional corporation or foreign professional

corporation of which he or she is, or intends to become, an officer, director,

shareholder, or employee.

(e) "Disqualified person" means a licensed person who for any reason

becomes legally disqualified (temporarily or permanently) to render the

professional services that the particular professional corporation or foreign

professional corporation of which he or she is an officer, director, shareholder,

or employee is or was rendering.

HISTORY:

Added Stats 1968 ch 1375 § 9. Amended Stats 1970 ch 1110 § 3, operative July 1, 1971; Stats 1977

ch 1126 § 3; Stats 1979 ch 472 § 2; Stats 1980 ch 1314 § 16; Stats 1981 ch 383 § 2; Stats 1985 ch 220

§ 2, ch 1578 § 2; Stats 1987 ch 571 § 7; Stats 1988 ch 1448 § 28.5; Stats 1989 ch 886 § 82; Stats 1991

ch 566 § 20 (AB 766); Stats 1992 ch 1289 § 50 (AB 2743); Stats 1993 ch 910 § 2 (SB 687), ch 955 § 5.3

(SB 312); Stats 1994 ch 26 § 225 (AB 1807), effective March 30, 1994 (ch 26 prevails), ch 1010 § 66.1

(SB 2053); Stats 1995 ch 60 § 43 (SB 42), effective July 6, 1995; Stats 1997 ch 168 § 8 (AB 348); Stats

1999 ch 657 § 34 (AB 1677); Stats 2000 ch 197 § 4 (SB 1636), ch 836 § 51 (SB 1554); Stats 2004 ch

695 § 51 (SB 1913); Stats 2006 ch 564 § 17 (AB 2256), effective January 1, 2007; Stats 2015 ch 516

§ 3 (AB 502), effective January 1, 2016; Stats 2017 ch 775 § 107 (SB 798), effective January 1, 2018;

Stats 2018 ch 858 § 61 (SB 1482), effective January 1, 2019.

§ 13401.3. "Professional services"

As used in this part, "professional services" also means any type of profes-

sional services that may be lawfully rendered only pursuant to a license,

certification, or registration authorized by the Yacht and Ship Brokers Act

(Article 2 (commencing with Section 700) of Chapter 5 of Division 3 of the

Harbors and Navigation Code).

HISTORY:

Added Stats 2000 ch 508 § 1 (SB 1967). Amended Stats 2001 ch 597 § 1 (AB 1706).

§ 13401.5. Licensees as shareholders, officers, directors, or employ-

ees

Notwithstanding subdivision (d) of Section 13401 and any other provision of

law, the following licensed persons may be shareholders, officers, directors, or

220

BOARD OF PSYCHOLOGY

Misc.

professional employees of the professional corporations designated in this

section so long as the sum of all shares owned by those licensed persons does

not exceed 49 percent of the total number of shares of the professional

corporation so designated herein, and so long as the number of those licensed

persons owning shares in the professional corporation so designated herein

does not exceed the number of persons licensed by the governmental agency

regulating the designated professional corporation. This section does not limit

employment by a professional corporation designated in this section to only

those licensed professionals listed under each subdivision. Any person duly

licensed under Division 2 (commencing with Section 500) of the Business and

Professions Code, the Chiropractic Act, or the Osteopathic Act may be

employed to render professional services by a professional corporation desig-

nated in this section.

(a) Medical corporation.

(1) Licensed doctors of podiatric medicine.

(2) Licensed psychologists.

(3) Registered nurses.

(4) Licensed optometrists.

(5) Licensed marriage and family therapists.

(6) Licensed clinical social workers.

(7) Licensed physician assistants.

(8) Licensed chiropractors.

(9) Licensed acupuncturists.

(10) Naturopathic doctors.

(11) Licensed professional clinical counselors.

(12) Licensed physical therapists.

(13) Licensed pharmacists.

(14) Licensed midwives.

(b) Podiatric medical corporation.

(1) Licensed physicians and surgeons.

(2) Licensed psychologists.

(3) Registered nurses.

(4) Licensed optometrists.

(5) Licensed chiropractors.

(6) Licensed acupuncturists.

(7) Naturopathic doctors.

(8) Licensed physical therapists.

(c) Psychological corporation.

(1) Licensed physicians and surgeons.

(2) Licensed doctors of podiatric medicine.

(3) Registered nurses.

(4) Licensed optometrists.

(5) Licensed marriage and family therapists.

(6) Licensed clinical social workers.

(7) Licensed chiropractors.

221

CORPORATIONS CODE

Misc.

(8) Licensed acupuncturists.

(9) Naturopathic doctors.

(10) Licensed professional clinical counselors.

(11) Licensed midwives.

(d) Speech-language pathology corporation.

(1) Licensed audiologists.

(e) Audiology corporation.

(1) Licensed speech-language pathologists.

(f) Nursing corporation.

(1) Licensed physicians and surgeons.

(2) Licensed doctors of podiatric medicine.

(3) Licensed psychologists.

(4) Licensed optometrists.

(5) Licensed marriage and family therapists.

(6) Licensed clinical social workers.

(7) Licensed physician assistants.

(8) Licensed chiropractors.

(9) Licensed acupuncturists.

(10) Naturopathic doctors.

(11) Licensed professional clinical counselors.

(12) Licensed midwives.

(g) Marriage and family therapist corporation.

(1) Licensed physicians and surgeons.

(2) Licensed psychologists.

(3) Licensed clinical social workers.

(4) Registered nurses.

(5) Licensed chiropractors.

(6) Licensed acupuncturists.

(7) Naturopathic doctors.

(8) Licensed professional clinical counselors.

(9) Licensed midwives.

(h) Licensed clinical social worker corporation.

(1) Licensed physicians and surgeons.

(2) Licensed psychologists.

(3) Licensed marriage and family therapists.

(4) Registered nurses.

(5) Licensed chiropractors.

(6) Licensed acupuncturists.

(7) Naturopathic doctors.

(8) Licensed professional clinical counselors.

(i) Physician assistants corporation.

(1) Licensed physicians and surgeons.

(2) Registered nurses.

(3) Licensed acupuncturists.

(4) Naturopathic doctors.

222

BOARD OF PSYCHOLOGY

Misc.

(5) Licensed midwives.

(j) Optometric corporation.

(1) Licensed physicians and surgeons.

(2) Licensed doctors of podiatric medicine.

(3) Licensed psychologists.

(4) Registered nurses.

(5) Licensed chiropractors.

(6) Licensed acupuncturists.

(7) Naturopathic doctors.

(k) Chiropractic corporation.

(1) Licensed physicians and surgeons.

(2) Licensed doctors of podiatric medicine.

(3) Licensed psychologists.

(4) Registered nurses.

(5) Licensed optometrists.

(6) Licensed marriage and family therapists.

(7) Licensed clinical social workers.

(8) Licensed acupuncturists.

(9) Naturopathic doctors.

(10) Licensed professional clinical counselors.

(11) Licensed midwives.

(l) Acupuncture corporation.

(1) Licensed physicians and surgeons.

(2) Licensed doctors of podiatric medicine.

(3) Licensed psychologists.

(4) Registered nurses.

(5) Licensed optometrists.

(6) Licensed marriage and family therapists.

(7) Licensed clinical social workers.

(8) Licensed physician assistants.

(9) Licensed chiropractors.

(10) Naturopathic doctors.

(11) Licensed professional clinical counselors.

(12) Licensed midwives.

(m) Naturopathic doctor corporation.

(1) Licensed physicians and surgeons.

(2) Licensed psychologists.

(3) Registered nurses.

(4) Licensed physician assistants.

(5) Licensed chiropractors.

(6) Licensed acupuncturists.

(7) Licensed physical therapists.

(8) Licensed doctors of podiatric medicine.

(9) Licensed marriage and family therapists.

(10) Licensed clinical social workers.

223

CORPORATIONS CODE

Misc.

(11) Licensed optometrists.

(12) Licensed professional clinical counselors.

(13) Licensed midwives.

(n) Dental corporation.

(1) Licensed physicians and surgeons.

(2) Dental assistants.

(3) Registered dental assistants.

(4) Registered dental assistants in extended functions.

(5) Registered dental hygienists.

(6) Registered dental hygienists in extended functions.

(7) Registered dental hygienists in alternative practice.

(o) Professional clinical counselor corporation.

(1) Licensed physicians and surgeons.

(2) Licensed psychologists.

(3) Licensed clinical social workers.

(4) Licensed marriage and family therapists.

(5) Registered nurses.

(6) Licensed chiropractors.

(7) Licensed acupuncturists.

(8) Naturopathic doctors.

(9) Licensed midwives.

(p) Physical therapy corporation.

(1) Licensed physicians and surgeons.

(2) Licensed doctors of podiatric medicine.

(3) Licensed acupuncturists.

(4) Naturopathic doctors.

(5) Licensed occupational therapists.

(6) Licensed speech-language therapists.

(7) Licensed audiologists.

(8) Registered nurses.

(9) Licensed psychologists.

(10) Licensed physician assistants.

(11) Licensed midwives.

(q) Registered dental hygienist in alternative practice corporation.

(1) Registered dental assistants.

(2) Licensed dentists.

(3) Registered dental hygienists.

(4) Registered dental hygienists in extended functions.

(r) Licensed midwifery corporation.

(1) Licensed physicians and surgeons.

(2) Licensed psychologists.

(3) Registered nurses.

(4) Licensed marriage and family therapists.

(5) Licensed clinical social workers.

(6) Licensed physician assistants.

224

BOARD OF PSYCHOLOGY

Misc.

(7) Licensed chiropractors.

(8) Licensed acupuncturists.

(9) Licensed naturopathic doctors.

(10) Licensed professional clinical counselors.

(11) Licensed physical therapists.

HISTORY:

Added Stats 1980 ch 1314 § 17.1. Amended Stats 1981 ch 621 § 5; Stats 1982 ch 1304 § 3, ch 1315

§ 1; Stats 1983 ch 1026 § 23, ch 1084 § 1; Stats 1988 ch 507 § 1; Stats 1990 ch 1691 § 1 (AB 3324);

Stats 1994 ch 26 § 226 (AB 1807), effective March 30, 1994, ch 815 § 2 (SB 1279); Stats 1997 ch 758

§ 84 (SB 1346); Stats 1998 ch 175 § 1 (AB 2120); Stats 2002 ch 1013 § 75 (SB 2026); Stats 2003 ch 485

§ 6 (SB 907), ch 549 § 4 (AB 123); Stats 2004 ch 183 § 50 (AB 3082); Stats 2011 ch 381 § 18 (SB 146),

effective January 1, 2012; Stats 2013 ch 620 § 6 (AB 1000), effective January 1, 2014; Stats 2015 ch

516 § 4 (AB 502), effective January 1, 2016; Stats 2016 ch 484 § 53 (SB 1193), effective January 1,

2017; Stats 2017 ch 775 § 108 (SB 798), effective January 1, 2018.

§ 13402. Corporation rendering services other than pursuant to this

part; Conduct of business by corporation not professional corpora-

tion

(a) This part shall not apply to any corporation now in existence or hereafter

organized which may lawfully render professional services other than pursu-

ant to this part, nor shall anything herein contained alter or affect any right or

privilege, whether under any existing or future provision of the Business and

Professions Code or otherwise, in terms permitting or not prohibiting perfor-

mance of professional services through the use of any form of corporation

permitted by the General Corporation Law.

(b) The conduct of a business in this state by a corporation pursuant to a

license or registration issued under any state law, except laws relating to

taxation, shall not be considered to be the conduct of a business as a

professional corporation if the business is conducted by, and the license or

registration is issued to, a corporation which is not a professional corporation

within the meaning of this part, whether or not a professional corporation

could conduct the same business, or portions of the same business, as a

professional corporation.

HISTORY:

Added Stats 1968 ch 1375 § 9. Amended Stats 1985 ch 1578 § 3; Stats 1988 ch 919 § 13.

§ 13403. General Corporation Law; Applicability

The provisions of the General Corporation Law shall apply to professional

corporations, except where such provisions are in conflict with or inconsistent

with the provisions of this part. A professional corporation which has only one

shareholder need have only one director who shall be such shareholder and

who shall also serve as the president and treasurer of the corporation. The

other officers of the corporation in such situation need not be licensed persons.

Aprofessional corporation which has only two shareholders need have only two

directors who shall be such shareholders. The two shareholders between them

shall fill the offices of president, vice president, secretary and treasurer.

225

CORPORATIONS CODE

Misc.

Aprofessional medical corporation may establish in its articles or bylaws the

manner in which its directors are selected and removed, their powers, duties,

and compensation. Each term of office may not exceed three years. Notwith-

standing the foregoing, the articles or bylaws of a professional medical

corporation with more than 200 shareholders may provide that directors who

are officers of the corporation or who are responsible for the management of all

medical services at one or more medical centers may have terms of office, as

directors, of up to six years; however, no more than 50 percent of the members

of the board, plus one additional member of the board, may have six-year terms

of office.

HISTORY:

Added Stats 1968 ch 1375 § 9. Amended Stats 1979 ch 711 § 12; Stats 1980 ch 36 § 1.

§ 13404. Formation; Certificate of registration

A corporation may be formed under the General Corporation Law or

pursuant to subdivision (b) of Section 13406 for the purposes of qualifying as

a professional corporation in the manner provided in this part and rendering

professional services. The articles of incorporation of a professional corporation

shall contain a specific statement that the corporation is a professional

corporation within the meaning of this part. Except as provided in subdivision

(b) of Section 13401, no professional corporation shall render professional

services in this state without a currently effective certificate of registration

issued by the governmental agency regulating the profession in which such

corporation is or proposes to be engaged, pursuant to the applicable provisions

of the Business and Professions Code or the Chiropractic Act expressly

authorizing such professional services to be rendered by a professional

corporation.

HISTORY:

Added Stats 1968 ch 1375 § 9. Amended Stats 1970 ch 1110 § 4, operative July 1, 1971; Stats 1980

ch 1314 § 18; Stats 1993 ch 955 § 6 (SB 312).

§ 13404.5. Certificate of registration to transact intrastate business;

Liability of shareholders

(a) Aforeign professional corporation may qualify as a foreign corporation to

transact intrastate business in this state in accordance with Chapter 21

(commencing with Section 2100) of Division 1. A foreign professional corpora-

tion shall be subject to the provisions of the General Corporation Law

applicable to foreign corporations, except where those provisions are in conflict

with or inconsistent with the provisions of this part. The statement and

designation filed by the foreign professional corporation pursuant to Section

2105 shall contain a specific statement that the corporation is a foreign

professional corporation within the meaning of this part.

(b) No foreign professional corporation shall render professional services in

this state without a currently effective certificate of registration issued by the

226

BOARD OF PSYCHOLOGY

Misc.

governmental agency regulating the profession in which that corporation

proposes to be engaged, pursuant to the applicable provisions of the Business

and Professions Code expressly authorizing those professional services to be

rendered by a foreign professional corporation.

(c) If the California board, commission, or other agency that prescribes the

rules or regulations governing a particular profession either now or hereafter

requires that the shareholders of the professional corporation bear any degree

of personal liability for the acts of the corporation, either by personal

guarantee or in some other form that the governing agency prescribes, the

shareholders of a foreign corporation that has been qualified to do business in

this state in the same profession shall, as a condition of doing business in this

state, be subject, with regard to the rendering of professional services by the

professional corporation in California, or for California residents, to the same

degree of personal liability, if any, as is prescribed by the governing agency for

shareholders of a California professional corporation rendering services in the

same profession.

(d) Each application by a foreign professional corporation to qualify to do

business in this state shall contain the following statement:

"The shareholders of the undersigned foreign professional corporation shall

be subject, with regard to the rendering of professional services by the

professional corporation in California, or for California residents, to the same

degree of personal liability, if any, in California as is from time to time

prescribed by the agency governing the profession in this state for sharehold-

ers in a California professional corporation rendering services in the same

profession. This application accordingly constitutes a submission to the juris-

diction of the courts of California to the same extent, but only to the same

extent, as applies to the shareholders of a California professional corporation

in the same profession. The foregoing submission to jurisdiction is a condition

of qualification to do business in this state."

HISTORY:

Added Stats 1993 ch 910 § 3 (SB 687).

§ 13405. License requirement for persons rendering professional

services; Employment of nonlicensed personnel

(a) Subject to the provisions of Section 13404, a professional corporation

may lawfully render professional services in this state, but only through

employees who are licensed persons. The corporation may employ persons not

so licensed, but such persons shall not render any professional services

rendered or to be rendered by that corporation in this state. A professional

corporation may render professional services outside of this state, but only

through employees who are licensed to render the same professional services

in the jurisdiction or jurisdictions in which the person practices. Nothing in

this section is intended to prohibit the rendition of occasional professional

services in another jurisdiction as an incident to the licensee's primary

227

CORPORATIONS CODE

Misc.

practice, so long as it is permitted by the governing agency that regulates the

particular profession in the jurisdiction. Nothing in this section is intended to

prohibit the rendition of occasional professional services in this state as an

incident to a professional employee's primary practice for a foreign professional

corporation qualified to render professional services in this state, so long as it

is permitted by the governing agency that regulates the particular profession

in this state.

(b) Subject to Section 13404.5, a foreign professional corporation qualified to

render professional services in this state may lawfully render professional

services in this state, but only through employees who are licensed persons,

and shall render professional services outside of this state only through

persons who are licensed to render the same professional services in the

jurisdiction or jurisdictions in which the person practices. The foreign profes-

sional corporation may employ persons in this state who are not licensed in

this state, but those persons shall not render any professional services

rendered or to be rendered by the corporation in this state.

(c) Nothing in this section or in this part is intended to, or shall, augment,

diminish or otherwise alter existing provisions of law, statutes or court rules

relating to services by a California attorney in another jurisdiction, or services

by an out-of-state attorney in California. These existing provisions, including,

but not limited to, admission pro hac vice and the taking of depositions in a

jurisdiction other than the one in which the deposing attorney is admitted to

practice, shall remain in full force and effect.

HISTORY:

Added Stats 1968 ch 1375 § 9. Amended Stats 1993 ch 910 § 4 (SB 687).

§ 13406. Professional corporations; Stock; Financial statements; Vot-

ing; Nonprofit law corporations

(a) Subject to the provisions of subdivision (b), shares of capital stock in a

professional corporation may be issued only to a licensed person or to a person

who is licensed to render the same professional services in the jurisdiction or

jurisdictions in which the person practices, and any shares issued in violation

of this restriction shall be void. Unless there is a public offering of securities by

a professional corporation or by a foreign professional corporation in this state,

its financial statements shall be treated by the Commissioner of Corporations

as confidential, except to the extent that such statements shall be subject to

subpoena in connection with any judicial or administrative proceeding, and

may be admissible in evidence therein. No shareholder of a professional

corporation or of a foreign professional corporation qualified to render profes-

sional services in this state shall enter into a voting trust, proxy, or any other

arrangement vesting another person (other than another person who is a

shareholder of the same corporation) with the authority to exercise the voting

power of any or all of his or her shares, and any such purported voting trust,

proxy or other arrangement shall be void.

228

BOARD OF PSYCHOLOGY

Misc.

(b) A professional law corporation may be incorporated as a nonprofit public

benefit corporation under the Nonprofit Public Benefit Corporation Law under

either of the following circumstances:

(1) The corporation is a qualified legal services project or a qualified

support center within the meaning of subdivisions (a) and (b) of Section 6213

of the Business and Professions Code.

(2) The professional law corporation otherwise meets all of the require-

ments and complies with all of the provisions of the Nonprofit Public Benefit

Corporation Law, as well as all of the following requirements:

(A) All of the members of the corporation, if it is a membership

organization as described in the Nonprofit Corporation Law, are persons

licensed to practice law in California.

(B) All of the members of the professional law corporation's board of

directors are persons licensed to practice law in California.

(C) Seventy percent of the clients to whom the corporation provides

legal services are lower income persons as defined in Section 50079.5 of

the Health and Safety Code, and to other persons who would not otherwise

have access to legal services.

(D) The corporation shall not enter into contingency fee contracts with

clients.

(c) A professional law corporation incorporated as a nonprofit public benefit

corporation that is a recipient in good standing as defined in subdivision (c) of

Section 6213 of the Business and Professions Code shall be deemed to have

satisfied all of the filing requirements of a professional law corporation under

Sections 6161.1, 6162, and 6163 of the Business and Professions Code.

HISTORY:

Added Stats 1968 ch 1375 § 9. Amended Stats 1993 ch 910 § 5 (SB 687), ch 955 § 7.5 (SB 312).

§ 13407. Transfer of shares; Restriction; Purchase by corporation;

Suspension or revocation of certificate

Shares in a professional corporation or a foreign professional corporation

qualified to render professional services in this state may be transferred only

to a licensed person, to a shareholder of the same corporation, to a person

licensed to practice the same profession in the jurisdiction or jurisdictions in

which the person practices, or to a professional corporation, and any transfer

in violation of this restriction shall be void, except as provided herein.

A professional corporation may purchase its own shares without regard to

any restrictions provided by law upon the repurchase of shares, if at least one

share remains issued and outstanding.

If a professional corporation or a foreign professional corporation qualified to

render professional services in this state shall fail to acquire all of the shares

of a shareholder who is disqualified from rendering professional services in

this state or of a deceased shareholder who was, on his or her date of death,

licensed to render professional services in this state, or if such a disqualified

229

CORPORATIONS CODE

Misc.

shareholder or the representative of such a deceased shareholder shall fail to

transfer said shares to the corporation, to another shareholder of the corpora-

tion, to a person licensed to practice the same profession in the jurisdiction or

jurisdictions in which the person practices, or to a licensed person, within 90

days following the date of disqualification, or within six months following the

date of death of the shareholder, as the case may be, then the certificate of

registration of the corporation may be suspended or revoked by the govern-

mental agency regulating the profession in which the corporation is engaged.

In the event of such a suspension or revocation, the corporation shall cease to

render professional services in this state.

Notwithstanding any provision in this part, upon the death or incapacity of

a dentist, any individual named in subdivision (a) of Section 1625.3 of the

Business and Professions Code may employ licensed dentists and dental

assistants and charge for their professional services for a period not to exceed

12 months from the date of death or incapacity of the dentist. The employment

of licensed dentists and dental assistants shall not be deemed the practice of

dentistry within the meaning of Section 1625 of the Business and Professions

Code, provided that all of the requirements of Section 1625.4 of the Business

and Professions Code are met. If an individual listed in Section 1625.3 of the

Business and Professions Code is employing licensed persons and dental

assistants, then the shares of a deceased or incapacitated dentist shall be

transferred as provided in this section no later than 12 months from the date

of death or incapacity of the dentist.

HISTORY:

Added Stats 1968 ch 1375 § 9. Amended Stats 1993 ch 910 § 6 (SB 687); Stats 2007 ch 433 § 4 (SB

387), effective January 1, 2008.

§ 13408. Specification of grounds for suspension or revocation of

certificate

The following shall be grounds for the suspension or revocation of the

certificate of registration of a professional corporation or a foreign professional

corporation qualified to render professional services in this state: (a) if all

shareholders who are licensed persons of such corporation shall at any one

time become disqualified persons, or (b) if the sole shareholder shall become a

disqualified person, or (c) if such corporation shall knowingly employ or retain

in its employment a disqualified person, or (d) if such corporation shall violate

any applicable rule or regulation adopted by the governmental agency regu-

lating the profession in which such corporation is engaged, or (e) if such

corporation shall violate any statute applicable to a professional corporation or

to a foreign professional corporation, or (f) any ground for such suspension or

revocation specified in the Business and Professions Code relating to the

profession in which such corporation is engaged. In the event of such suspen-

sion or revocation of its certificate of registration such corporation shall cease

forthwith to render professional services in this state.

230

BOARD OF PSYCHOLOGY

Misc.

HISTORY:

Added Stats 1968 ch 1375 § 9. Amended Stats 1993 ch 910 § 7 (SB 687).

§ 13408.5. Fee splitting, kickbacks, or similar practices

No professional corporation may be formed so as to cause any violation of

law, or any applicable rules and regulations, relating to fee splitting, kick-

backs, or other similar practices by physicians and surgeons or psychologists,

including, but not limited to, Section 650 or subdivision (e) of Section 2960 of

the Business and Professions Code. A violation of any such provisions shall be

grounds for the suspension or revocation of the certificate of registration of the

professional corporation. The Commissioner of Corporations or the Director of

the Department of Managed Health Care may refer any suspected violation of

such provisions to the governmental agency regulating the profession in which

the corporation is, or proposes to be engaged.

HISTORY:

Added Stats 1977 ch 1126 § 4. Amended Stats 1999 ch 525 § 9 (AB 78), operative July 1, 2000; Stats

2000 ch 857 § 7 (AB 2903).

§ 13409. Name of corporation; Provisions governing

(a) A professional corporation may adopt any name permitted by a law

expressly applicable to the profession in which such corporation is engaged or

by a rule or regulation of the governmental agency regulating such profession.

The provisions of subdivision (b) of Section 201 shall not apply to the name of

a professional corporation if such name shall contain and be restricted to the

name or the last name of one or more of the present, prospective, or former

shareholders or of persons who were associated with a predecessor person,

partnership or other organization or whose name or names appeared in the

name of such predecessor organization, and the Secretary of State shall have

no authority by reason of subdivision (b) of Section 201 to refuse to file articles

of incorporation which set forth such a name; provided, however, that such

name shall not be substantially the same as the name of a domestic corpora-

tion, the name of a foreign corporation qualified to render professional services

in this state which is authorized to transact business in this state, or a name

which is under reservation for another corporation. The Secretary of State may

require proof by affidavit or otherwise establishing that the name of the

professional corporation complies with the requirements of this section and of

the law governing the profession in which such professional corporation is

engaged. The statements of fact in such affidavits may be accepted by the

Secretary of State as sufficient proof of the facts.

(b) A foreign professional corporation qualified to render professional ser-

vices in this state may transact intrastate business in this state by any name

permitted by a law expressly applicable to the profession in which the

corporation is engaged, or by a rule or regulation of the governmental agency

regulating the rendering of professional services in this state by the corpora-

tion. The provisions of subdivision (b) of Section 201 shall not apply to the

231

CORPORATIONS CODE

Misc.

name of a foreign professional corporation if the name contains and is

restricted to the name or the last name of one or more of the present,

prospective, or former shareholders or of persons who were associated with a

predecessor person, partnership, or other organization, or whose name or

names appeared in the name of the predecessor organization, and the Secre-

tary of State shall have no authority by reason of subdivision (b) of Section 201

to refuse to issue a certificate of qualification to a foreign professional

corporation that sets forth that name in its statement and designation;

provided, however, that such a name shall not be substantially the same as the

name of a domestic corporation, the name of a foreign corporation qualified to

render professional services in the state, or a name that is under reservation

for another corporation. The Secretary of State may require proof by affidavit

or otherwise establishing that the name of the foreign professional corporation

qualified to render professional services in this state complies with the

requirements of this section and of the law governing the profession in which

the foreign professional corporation qualified to render professional services in

this state proposes to engage in this state. The statements of fact in such

affidavits may be accepted by the Secretary of State as sufficient proof of the

facts.

HISTORY:

Added Stats 1968 ch 1375 § 9. Amended Stats 1976 ch 641 § 42, effective January 1, 1977; Stats

1993 ch 910 § 8 (SB 687).

§ 13410. Disciplinary rules and regulations

(a) A professional corporation or a foreign professional corporation qualified

to render professional services in this state shall be subject to the applicable

rules and regulations adopted by, and all the disciplinary provisions of the

Business and Professions Code expressly governing the practice of the profes-

sion in this state, and to the powers of, the governmental agency regulating the

profession in which such corporation is engaged. Nothing in this part shall

affect or impair the disciplinary powers of any such governmental agency over

licensed persons or any law, rule or regulation pertaining to the standards for

professional conduct of licensed persons or to the professional relationship

between any licensed person furnishing professional services and the person

receiving such services.

(b) With respect to any foreign professional corporation qualified to render

professional services in this state, each such governmental agency shall adopt

rules, regulations, and orders as appropriate to restrict or prohibit any

disqualified person from doing any of the following:

(1) Being a shareholder, director, officer, or employee of the corporation.

(2) Rendering services in any profession in which he or she is a disquali-

fied person.

(3) Participating in the management of the corporation.

(4) Sharing in the income of the corporation.

232

BOARD OF PSYCHOLOGY

Misc.

HISTORY:

Added Stats 1968 ch 1375 § 9. Amended Stats 1993 ch 910 § 10 (SB 687).

233

CORPORATIONS CODE

Misc.

Misc.

EXTRACTED FROM

EDUCATION CODE

TITLE 3

POSTSECONDARY EDUCATION

HISTORY: Enacted Stats 1976 ch 1010 § 2, operative April 30, 1977.

DIVISION 10

PRIVATE POSTSECONDARY AND HIGHER

EDUCATION INSTITUTIONS

HISTORY: Enacted Stats 1976 ch 1010 § 2, operative April 30, 1977.

PART 59

PRIVATE POSTSECONDARY AND HIGHER

EDUCATION INSTITUTIONS

HISTORY: Enacted Stats 1976 ch 1010 § 2, operative April 30, 1977.

CHAPTER 7

PRIVATE POSTSECONDARY AND VOCATIONAL

INSTITUTIONS [REPEALED]

HISTORY: Chapter 7, consisting of §§ 94700-94999, added Stats 1997 ch 78 § 4. Repealed

January 1, 2008, by the terms of former Ed C § 94999. Former Chapter 7, also entitled "Private

Postsecondary and Vocational Institutions", consisting of §§ 94700-94990, was added Stats 1995

ch 758 § 284, operative January 1, 1997, and repealed Stats 1997 ch 78 § 3.9.

ARTICLE 2

DEFINITIONS [REPEALED]

HISTORY: Article 2, consisting of §§ 94710-94746, added Stats 1997 ch 78 § 4. Repealed January

1, 2008, by the terms of former Ed C § 94999. Former Article 2, also entitled "Definitions",

consisting of §§ 94710-94737, was added Stats 1995 ch 758 § 284, operative January 1, 1997, and

repealed Stats 1997 ch 78 § 3.9.

§ 94718. [Section repealed 2008.]

HISTORY:

Added Stats 1997 ch 78 § 4 (AB 71). Repealed January 1, 2008, by the terms of former Ed C § 94999.

The repealed section related to "Approval" or "approval to operate".

235

Misc.

CHAPTER 8

PRIVATE POSTSECONDARY INSTITUTIONS

(REPEALED JANUARY 1, 2021)

HISTORY: Added Stats 2009 ch 310 § 6, effective January 1, 2010, repealed January 1, 2015.

Amended Stats 2014 ch 840 § 41 (SB 1247), effective January 1, 2015, repealed January 1, 2017.

ARTICLE 3

DEFINITIONS (REPEALED JANUARY 1, 2021)

HISTORY: Added Stats 2009 ch 310 § 6, effective January 1, 2010, repealed January 1, 2015.

Amended Stats 2014 ch 840 § 41 (SB 1247), effective January 1, 2015, repealed January 1, 2017.

§ 94823.5. "Change of location" (Repealed January 1, 2021)

"Change of location" means a move or relocation more than 10 miles from the

site at which the institution offers instruction.

HISTORY:

Added Stats 2009 ch 310 § 6 (AB 48), effective January 1, 2010, repealed January 1, 2015. Amended

Stats 2014 ch 840 § 41 (SB 1247), effective January 1, 2015, repealed January 1, 2017; Stats 2016 ch

593 § 28 (SB 1192), effective January 1, 2017, repealed January 1, 2021 (repealer amended).

ARTICLE 4

EXEMPTIONS (REPEALED JANUARY 1, 2021)

HISTORY: Added Stats 2009 ch 310 § 6, effective January 1, 2010, repealed January 1, 2015.

Amended Stats 2014 ch 840 § 41 (SB 1247), effective January 1, 2015, repealed January 1, 2017.

§ 94874. Exempted institutions [Repealed effective January 1, 2021]

Except as provided in Sections 94874.2, 94874.7, and 94927.5, the following

are exempt from this chapter:

(a) An institution that offers solely avocational or recreational educa-

tional programs.

(b)(1) An institution offering educational programs sponsored by a bona

fide trade, business, professional, or fraternal organization, solely for that

organization's membership.

(2)(A) Except as provided in subparagraph (B), a bona fide organization,

association, or council that offers preapprenticeship training programs,

on behalf of one or more Division of Apprenticeship Standards-approved

labor-management apprenticeship programs that satisfies one of the

following conditions:

(i) It is not on the Eligible Training Provider List established and

maintained by the California Workforce Development Board but has

met the requirements for placement on the list.

236

BOARD OF PSYCHOLOGY

Misc.

(ii) It is on the Eligible Training Provider List established and

maintained by the California Workforce Development Board and

meets the requirements for continued listing.

(B) If an organization, association, or council has been removed from

the Eligible Training Provider List established and maintained by the

California Workforce Development Board for failure to meet perfor-

mance standards, it is not exempt until it meets all applicable perfor-

mance standards.

(c) A postsecondary educational institution established, operated, and

governed by the federal government or by this state or its political subdivi-

sions.

(d) An institution offering either of the following:

(1) Test preparation for examinations required for admission to a

postsecondary educational institution.

(2) Continuing education or license examination preparation, if the

institution or the program is approved, certified, or sponsored by any of the

following:

(A) A government agency, other than the bureau, that licenses per-

sons in a particular profession, occupation, trade, or career field.

(B) A state-recognized professional licensing body, such as the State

Bar of California, that licenses persons in a particular profession,

occupation, trade, or career field.

(C) A bona fide trade, business, or professional organization.

(e)(1) An institution owned, controlled, and operated and maintained by a

religious organization lawfully operating as a nonprofit religious corpora-

tion pursuant to Part 4 (commencing with Section 9110) of Division 2 of

Title 1 of the Corporations Code, that meets all of the following require-

ments:

(A) The instruction is limited to the principles of that religious

organization, or to courses offered pursuant to Section 2789 of the

Business and Professions Code.

(B) The diploma or degree is limited to evidence of completion of that

education.

(2) An institution operating under this subdivision shall offer degrees

and diplomas only in the beliefs and practices of the church, religious

denomination, or religious organization.

(3) An institution operating under this subdivision shall not award

degrees in any area of physical science.

(4) Any degree or diploma granted under this subdivision shall contain

on its face, in the written description of the title of the degree being

conferred, a reference to the theological or religious aspect of the degree's

subject area.

(5) A degree awarded under this subdivision shall reflect the nature of

the degree title, such as "associate of religious studies," "bachelor of

religious studies," "master of divinity," or "doctor of divinity."

237

EDUCATION CODE

Misc.

(f) An institution that does not award degrees and that solely provides

educational programs for total charges of two thousand five hundred dollars

($2,500) or less when no part of the total charges is paid from state or federal

student financial aid programs. The bureau may adjust this cost threshold

based upon the California Consumer Price Index and post notification of the

adjusted cost threshold on its Internet Web site, as the bureau determines,

through the promulgation of regulations, that the adjustment is consistent

with the intent of this chapter.

(g) A law school that is accredited by the Council of the Section of Legal

Education and Admissions to the Bar of the American Bar Association or a

law school or law study program that is subject to the approval, regulation,

and oversight of the Committee of Bar Examiners, pursuant to Sections

6046.7 and 6060.7 of the Business and Professions Code.

(h) A nonprofit public benefit corporation that satisfies all of the following

criteria:

(1) Is qualified under Section 501(c)(3) of the United States Internal

Revenue Code.

(2) Is organized specifically to provide workforce development or reha-

bilitation services.

(3) Is accredited by an accrediting organization for workforce develop-

ment or rehabilitation services recognized by the Department of Rehabili-

tation.

(i) An institution that is accredited by the Accrediting Commission for

Senior Colleges and Universities, Western Association of Schools and Col-

leges, or the Accrediting Commission for Community and Junior Colleges,

Western Association of Schools and Colleges.

(j) Flight instruction providers or programs that provide flight instruction

pursuant to Federal Aviation Administration regulations and meet both of

the following criteria:

(1) The flight instruction provider or program does not require students

to enter into written or oral contracts of indebtedness.

(2) The flight instruction provider or program does not require or accept

prepayment of instruction-related costs in excess of two thousand five

hundred dollars ($2,500).

(k)(1) An institution owned, controlled, operated, and maintained by a

community-based organization, as defined in Section 7801 of Title 20 of

the United States Code, as that section exists on March 1, 2017, that

satisfies all of the following criteria:

(A) The institution has programs on or is applying for some or all of

their programs to be on the Eligible Training Provider List established

and maintained by the California Workforce Development Board.

(B) The institution is registered as a nonprofit entity qualified under

Section 501(c)(3) of the federal Internal Revenue Code.

(C) The institution does not offer degrees, as defined in Section 94830.

(D) The institution does not offer educational programs designed to

lead directly or specifically to positions in a profession, occupation,

238

BOARD OF PSYCHOLOGY

Misc.

trade, or career field requiring licensure, if bureau approval is required

for the student to be eligible to sit for licensure.

(E) The institution would not otherwise be subject to oversight of the

bureau under this chapter if it did not receive funding under the federal

Workforce Innovation and Opportunity Act (29 U.S.C. Sec. 3101 et seq.).

For purposes of this requirement, funds received through the federal

Workforce Innovation and Opportunity Act (29 U.S.C. Sec. 3101 et seq.)

do not count towards the total referenced in subdivision (f) or any other

fee charge limitation condition for an exemption from this chapter.

(F) The institution can provide a letter from the local workforce

development board that demonstrates the institution has met the initial

criteria of that board.

(2) An institution granted an exemption pursuant to paragraph (1)

shall comply with all of the following requirements:

(A) The institution shall provide to the Employment Development

Department all required tracking information and data necessary to

comply with performance reporting requirements under the federal

Workforce Innovation and Opportunity Act, codified in Chapter 32

(commencing with Section 3101) of Title 29 of the United States Code,

for programs on the Eligible Training Provider List.

(B) The institution shall comply with the Eligible Training Provider

List policy developed by the California Workforce Development Board.

(C) The institution shall not charge a student who is a recipient of

funding under the federal Workforce Innovation and Opportunity Act

(29 U.S.C. Sec. 3101 et seq.) any institutional charges, as defined in

Section 94844, for attending and participating in the program.

HISTORY:

Added Stats 2009 ch 310 § 6 (AB 48), effective January 1, 2010, repealed January 1, 2015. Amended

Stats 2011 ch 309 § 1 (SB 619), effective September 21, 2011; Stats 2014 ch 840 §§ 9, 41 (SB 1247),

effective January 1, 2015, repealed January 1, 2017; Stats 2015 ch 558 § 1 (AB 509), effective January

1, 2016, repealed January 1, 2017; Stats 2016 ch 593 §§ 5, 28 (SB 1192), effective January 1, 2017,

repealed January 1, 2021 (repealer amended); Stats 2017 ch 260 § 1 (AB 868), effective January 1,

2018, repealed January 1, 2021; Stats 2018 ch 422 § 5 (SB 1492), effective January 1, 2019, repealed

January 1, 2021.

ARTICLE 6

APPROVAL TO OPERATE (REPEALED JANUARY

1, 2021)

HISTORY: Added Stats 2009 ch 310 § 6, effective January 1, 2010, repealed January 1, 2015.

Amended Stats 2014 ch 840 § 41 (SB 1247), effective January 1, 2015, repealed January 1, 2017.

§ 94886. Approval to operate required (Repealed January 1, 2021)

Except as exempted in Article 4 (commencing with Section 94874) or in

compliance with the transition provisions in Article 2 (commencing with

239

EDUCATION CODE

Misc.

Section 94802), a person shall not open, conduct, or do business as a private

postsecondary educational institution in this state without obtaining an

approval to operate under this chapter.

HISTORY:

Added Stats 2009 ch 310 § 6 (AB 48), effective January 1, 2010, repealed January 1, 2015. Amended

Stats 2014 ch 840 § 41 (SB 1247), effective January 1, 2015, repealed January 1, 2017; Stats 2016 ch

593 § 28 (SB 1192), effective January 1, 2017, repealed January 1, 2021 (repealer amended).

240

BOARD OF PSYCHOLOGY

Misc.

EXTRACTED FROM

EVIDENCE CODE

DIVISION 8

PRIVILEGES

CHAPTER 1

DEFINITIONS

HISTORY: Division 8, Privileges-Chapter 1, Definitions; enacted Stats 1965 ch 299 § 2,

operative January 1, 1967.

§ 901. "Proceeding"

"Proceeding" means any action, hearing, investigation, inquest, or inquiry

(whether conducted by a court, administrative agency, hearing officer, arbitra-

tor, legislative body, or any other person authorized by law) in which, pursuant

to law, testimony can be compelled to be given.

HISTORY:

Enacted Stats 1965 ch 299 § 2, operative January 1, 1967.

CHAPTER 4

PARTICULAR PRIVILEGES

ARTICLE 7

PSYCHOTHERAPIST-PATIENT PRIVILEGE

HISTORY: Division 8, Privileges-Chapter 4, Particular Privileges-Article 7,

Psychotherapist-Patient Privilege; enacted Stats 1965 ch 299 § 2, operative January 1, 1967.

§ 1010. "Psychotherapist"

As used in this article, "psychotherapist" means a person who is, or is

reasonably believed by the patient to be:

(a) A person authorized to practice medicine in any state or nation who

devotes, or is reasonably believed by the patient to devote, a substantial

portion of his or her time to the practice of psychiatry.

(b) A person licensed as a psychologist under Chapter 6.6 (commencing

with Section 2900) of Division 2 of the Business and Professions Code.

(c) A person licensed as a clinical social worker under Chapter 14

(commencing with Section 4991) of Division 2 of the Business and Profes-

241

Misc.

sions Code, when he or she is engaged in applied psychotherapy of a

nonmedical nature.

(d) A person who is serving as a school psychologist and holds a credential

authorizing that service issued by the state.

(e) Aperson licensed as a marriage and family therapist under Chapter 13

(commencing with Section 4980) of Division 2 of the Business and Profes-

sions Code.

(f) A person registered as a psychological assistant who is under the

supervision of a licensed psychologist or board certified psychiatrist as

required by Section 2913 of the Business and Professions Code, or a person

registered as an associate marriage and family therapist who is under the

supervision of a licensed marriage and family therapist, a licensed clinical

social worker, a licensed professional clinical counselor, a licensed psycholo-

gist, or a licensed physician and surgeon certified in psychiatry, as specified

in Section 4980.44 of the Business and Professions Code.

(g) A person registered as an associate clinical social worker who is under

supervision as specified in Section 4996.23 of the Business and Professions

Code.

(h) A person registered with the Board of Psychology as a registered

psychologist who is under the supervision of a licensed psychologist or board

certified psychiatrist.

(i) A psychological intern as defined in Section 2911 of the Business and

Professions Code who is under the supervision of a licensed psychologist or

board certified psychiatrist.

(j) A trainee, as defined in subdivision (c) of Section 4980.03 of the

Business and Professions Code, who is fulfilling his or her supervised

practicum required by subparagraph (B) of paragraph (1) of subdivision (d)

of Section 4980.36 of, or subdivision (c) of Section 4980.37 of, the Business

and Professions Code and is supervised by a licensed psychologist, a board

certified psychiatrist, a licensed clinical social worker, a licensed marriage

and family therapist, or a licensed professional clinical counselor.

(k) A person licensed as a registered nurse pursuant to Chapter 6

(commencing with Section 2700) of Division 2 of the Business and Profes-

sions Code, who possesses a master's degree in psychiatric-mental health

nursing and is listed as a psychiatric-mental health nurse by the Board of

Registered Nursing.

(l) An advanced practice registered nurse who is certified as a clinical

nurse specialist pursuant to Article 9 (commencing with Section 2838) of

Chapter 6 of Division 2 of the Business and Professions Code and who

participates in expert clinical practice in the specialty of psychiatric-mental

health nursing.

(m) A person rendering mental health treatment or counseling services as

authorized pursuant to Section 6924 of the Family Code.

(n) Aperson licensed as a professional clinical counselor under Chapter 16

(commencing with Section 4999.10) of Division 2 of the Business and

Professions Code.

242

BOARD OF PSYCHOLOGY

Misc.

(o) A person registered as an associate professional clinical counselor who

is under the supervision of a licensed professional clinical counselor, a

licensed marriage and family therapist, a licensed clinical social worker, a

licensed psychologist, or a licensed physician and surgeon certified in

psychiatry, as specified in Sections 4999.42 to 4999.48, inclusive, of the

Business and Professions Code.

(p) A clinical counselor trainee, as defined in subdivision (g) of Section

4999.12 of the Business and Professions Code, who is fulfilling his or her

supervised practicum required by paragraph (3) of subdivision (c) of Section

4999.32 of, or paragraph (3) of subdivision (c) of Section 4999.33 of, the

Business and Professions Code, and is supervised by a licensed psychologist,

a board-certified psychiatrist, a licensed clinical social worker, a licensed

marriage and family therapist, or a licensed professional clinical counselor.

HISTORY:

Enacted Stats 1965 ch 299 § 2, operative January 1, 1967. Amended Stats 1967 ch 1677 § 3; Stats

1970 ch 1396 § 1.5, ch 1397 § 1.5; Stats 1972 ch 888 § 1; 1974 ch 546 § 6; Stats 1983 ch 928 § 8; Stats

1987 ch 724 § 1; Stats 1988 ch 488 § 1; Stats 1989 ch 1104 § 37; Stats 1990 ch 662 § 1 (AB 3613); Stats

1992 ch 308 § 2 (AB 3035); Stats 1994 ch 1270 § 1 (AB 2659); Stats 2001 ch 142 § 1 (SB 716), ch 420

§ 1 (AB 1253), effective October 2, 2001, inoperative January 1, 2002, ch 420 § 1.5 (AB 1253), effective

October 2, 2001, operative January 1, 2002; Stats 2009 ch 26 § 21 (SB 33), effective January 1, 2010;

Stats 2011 ch 381 § 21 (SB 146), effective January 1, 2012; Stats 2015 ch 529 § 4 (AB 1374), effective

January 1, 2016; Stats 2016 ch 86 § 126 (SB 1171), effective January 1, 2017; Stats 2017 ch 573 § 75

(SB 800), effective January 1, 2018; Stats 2018 ch 389 § 10 (AB 2296), effective January 1, 2019.

§ 1010.5. Communication between patient and educational psy-

chologist

A communication between a patient and an educational psychologist, li-

censed under Article 5 (commencing with Section 4986) of Chapter 13 of

Division 2 of the Business and Professions Code, shall be privileged to the

same extent, and subject to the same limitations, as a communication between

a patient and a psychotherapist described in subdivisions (c), (d), and (e) of

Section 1010.

HISTORY:

Added Stats 1985 ch 545 § 1.

§ 1011. "Patient"

As used in this article, "patient" means a person who consults a psychothera-

pist or submits to an examination by a psychotherapist for the purpose of

securing a diagnosis or preventive, palliative, or curative treatment of his

mental or emotional condition or who submits to an examination of his mental

or emotional condition for the purpose of scientific research on mental or

emotional problems.

HISTORY:

Enacted Stats 1965 ch 299 § 2, operative January 1, 1967.

243

EVIDENCE CODE

Misc.

§ 1012. "Confidential communication between patient and psycho-

therapist"

As used in this article, "confidential communication between patient and

psychotherapist" means information, including information obtained by an

examination of the patient, transmitted between a patient and his psycho-

therapist in the course of that relationship and in confidence by a means

which, so far as the patient is aware, discloses the information to no third

persons other than those who are present to further the interest of the patient

in the consultation, or those to whom disclosure is reasonably necessary for the

transmission of the information or the accomplishment of the purpose for

which the psychotherapist is consulted, and includes a diagnosis made and the

advice given by the psychotherapist in the course of that relationship.

HISTORY:

Enacted Stats 1965 ch 299 § 2, operative January 1, 1967. Amended Stats 1967 ch 650 § 5; Stats

1970 ch 1396 § 2, ch 1397 § 2.

§ 1013. "Holder of the privilege"

As used in this article, "holder of the privilege" means:

(a) The patient when he has no guardian or conservator.

(b) A guardian or conservator of the patient when the patient has a

guardian or conservator.

(c) The personal representative of the patient if the patient is dead.

HISTORY:

Enacted Stats 1965 ch 299 § 2, operative January 1, 1967.

§ 1014. Psychotherapist-patient privilege

Subject to Section 912 and except as otherwise provided in this article, the

patient, whether or not a party, has a privilege to refuse to disclose, and to

prevent another from disclosing, a confidential communication between pa-

tient and psychotherapist if the privilege is claimed by:

(a) The holder of the privilege.

(b) A person who is authorized to claim the privilege by the holder of the

privilege.

(c) The person who was the psychotherapist at the time of the confidential

communication, but the person may not claim the privilege if there is no

holder of the privilege in existence or if he or she is otherwise instructed by

a person authorized to permit disclosure.

The relationship of a psychotherapist and patient shall exist between a

psychological corporation as defined in Article 9 (commencing with Section

2995) of Chapter 6.6 of Division 2 of the Business and Professions Code, a

marriage and family therapist corporation as defined in Article 6 (commenc-

ing with Section 4987.5) of Chapter 13 of Division 2 of the Business and

Professions Code, a licensed clinical social workers corporation as defined in

Article 5 (commencing with Section 4998) of Chapter 14 of Division 2 of the

244

BOARD OF PSYCHOLOGY

Misc.

Business and Professions Code, or a professional clinical counselor corpora-

tion as defined in Article 7 (commencing with Section 4999.123) of Chapter

16 of Division 2 of the Business and Professions Code, and the patient to

whom it renders professional services, as well as between those patients and

psychotherapists employed by those corporations to render services to those

patients. The word "persons" as used in this subdivision includes partner-

ships, corporations, limited liability companies, associations, and other

groups and entities.

HISTORY:

Enacted Stats 1965 ch 299 § 2, operative January 1, 1967. Amended Stats 1969 ch 871 § 1; Stats

1972 ch 1286 § 6; Stats 1989 ch 1104 § 38; Stats 1990 ch 605 § 1 (SB 2245); Stats 1994 ch 1010 § 106

(SB 2053); Stats 2002 ch 1013 § 78 (SB 2026); Stats 2011 ch 381 § 22 (SB 146), effective January 1,

2012.

§ 1015. When psychotherapist required to claim privilege

The psychotherapist who received or made a communication subject to the

privilege under this article shall claim the privilege whenever he is present

when the communication is sought to be disclosed and is authorized to claim

the privilege under subdivision (c) of Section 1014.

HISTORY:

Enacted Stats 1965 ch 299 § 2, operative January 1, 1967.

§ 1016. Patient-litigant exception

There is no privilege under this article as to a communication relevant to an

issue concerning the mental or emotional condition of the patient if such issue

has been tendered by:

(a) The patient;

(b) Any party claiming through or under the patient;

(c) Any party claiming as a beneficiary of the patient through a contract to

which the patient is or was a party; or

(d) The plaintiff in an action brought under Section 376 or 377 of the Code

of Civil Procedure for damages for the injury or death of the patient.

HISTORY:

Enacted Stats 1965 ch 299 § 2, operative January 1, 1967.

§ 1017. Exception where psychotherapist is appointed by court or

Board of Prison Terms

(a) There is no privilege under this article if the psychotherapist is ap-

pointed by order of a court to examine the patient, but this exception does not

apply where the psychotherapist is appointed by order of the court upon the

request of the lawyer for the defendant in a criminal proceeding in order to

provide the lawyer with information needed so that he or she may advise the

defendant whether to enter or withdraw a plea based on insanity or to present

a defense based on his or her mental or emotional condition.

245

EVIDENCE CODE

Misc.

(b) There is no privilege under this article if the psychotherapist is ap-

pointed by the Board of Prison Terms to examine a patient pursuant to the

provisions of Article 4 (commencing with Section 2960) of Chapter 7 of Title 1

of Part 3 of the Penal Code.

HISTORY:

Enacted Stats 1965 ch 299 § 2, operative January 1, 1967. Amended Stats 1967 ch 650 § 6; Stats

1987 ch 687 § 1.

§ 1018. Crime or tort

There is no privilege under this article if the services of the psychotherapist

were sought or obtained to enable or aid anyone to commit or plan to commit

a crime or a tort or to escape detection or apprehension after the commission

of a crime or a tort.

HISTORY:

Enacted Stats 1965 ch 299 § 2, operative January 1, 1967.

§ 1019. Parties claiming through deceased patient

There is no privilege under this article as to a communication relevant to an

issue between parties all of whom claim through a deceased patient, regardless

of whether the claims are by testate or intestate succession or by inter vivos

transaction.

HISTORY:

Enacted Stats 1965 ch 299 § 2, operative January 1, 1967.

§ 1020. Breach of duty arising out of psychotherapist-patient rela-

tionship

There is no privilege under this article as to a communication relevant to an

issue of breach, by the psychotherapist or by the patient, of a duty arising out

of the psychotherapist-patient relationship.

HISTORY:

Enacted Stats 1965 ch 299 § 2, operative January 1, 1967.

§ 1023. Proceeding to determine sanity of criminal defendant

There is no privilege under this article in a proceeding under Chapter 6

(commencing with Section 1367) of Title 10 of Part 2 of the Penal Code initiated

at the request of the defendant in a criminal action to determine his sanity.

HISTORY:

Enacted Stats 1965 ch 299 § 2, operative January 1, 1967.

§ 1024. Patient dangerous to self or others

There is no privilege under this article if the psychotherapist has reasonable

cause to believe that the patient is in such mental or emotional condition as to

246

BOARD OF PSYCHOLOGY

Misc.

be dangerous to himself or to the person or property of another and that

disclosure of the communication is necessary to prevent the threatened danger.

HISTORY:

Enacted Stats 1965 ch 299 § 2, operative January 1, 1967.

§ 1025. Proceeding to establish competence

There is no privilege under this article in a proceeding brought by or on

behalf of the patient to establish his competence.

HISTORY:

Enacted Stats 1965 ch 299 § 2, operative January 1, 1967.

§ 1026. Required report

There is no privilege under this article as to information that the psycho-

therapist or the patient is required to report to a public employee or as to

information required to be recorded in a public office, if such report or record

is open to public inspection.

HISTORY:

Enacted Stats 1965 ch 299 § 2, operative January 1, 1967.

§ 1027. Exception; Patient under 16 who is victim of crime

There is no privilege under this article if all of the following circumstances

exist:

(a) The patient is a child under the age of 16.

(b) The psychotherapist has reasonable cause to believe that the patient

has been the victim of a crime and that disclosure of the communication is in

the best interest of the child.

HISTORY:

Added Stats 1970 ch 1397 § 3.

ARTICLE 9

OFFICIAL INFORMATION AND IDENTITY OF

INFORMER

HISTORY: Division 8, Privileges-Chapter 4, Particular Privileges-Article 9, Official Information

and Identity of Informer. Enacted Stats 1965 ch 299 § 2, operative January 1, 1967.

§ 1040. Privilege for official information

(a) As used in this section, "official information" means information acquired

in confidence by a public employee in the course of his or her duty and not open,

or officially disclosed, to the public prior to the time the claim of privilege is

made.

247

EVIDENCE CODE

Misc.

(b) A public entity has a privilege to refuse to disclose official information,

and to prevent another from disclosing official information, if the privilege is

claimed by a person authorized by the public entity to do so and either of the

following apply:

(1) Disclosure is forbidden by an act of the Congress of the United States

or a statute of this state.

(2) Disclosure of the information is against the public interest because

there is a necessity for preserving the confidentiality of the information that

outweighs the necessity for disclosure in the interest of justice; but no

privilege may be claimed under this paragraph if any person authorized to

do so has consented that the information be disclosed in the proceeding. In

determining whether disclosure of the information is against the public

interest, the interest of the public entity as a party in the outcome of the

proceeding may not be considered.

(c) Notwithstanding any other law, the Employment Development Depart-

ment shall disclose to law enforcement agencies, in accordance with subdivi-

sion (i) of Section 1095 of the Unemployment Insurance Code, information in

its possession relating to any person if an arrest warrant has been issued for

the person for commission of a felony.

HISTORY:

Enacted Stats 1965 ch 299 § 2, operative January 1, 1967. Amended Stats 1984 ch 1127 § 2; Stats

2015 ch 20 § 1 (SB 79), effective June 24, 2015.

248

BOARD OF PSYCHOLOGY

Misc.

EXTRACTED FROM

FAMILY CODE

DIVISION 8

CUSTODY OF CHILDREN

PART 2

RIGHT TO CUSTODY OF MINOR CHILD

CHAPTER 1

GENERAL PROVISIONS

§ 3025.5. Confidentiality of psychological evaluations of child in-

volved in custody or visitation rights proceedings

(a) In a proceeding involving child custody or visitation rights, if a report

containing psychological evaluations of a child or recommendations regarding

custody of, or visitation with, a child is submitted to the court, including, but

not limited to, a report created pursuant to Chapter 6 (commencing with

Section 3110) of this partand a recommendation made to the court pursuant to

Section 3183, that information shall be contained in a document that shall be

placed in the confidential portion of the court file of the proceeding, and may

not be disclosed, except to the following persons:

(1) A party to the proceeding and his or her attorney.

(2) Afederal or state law enforcement officer, the licensing entity of a child

custody evaluator, a judicial officer, court employee, or family court facilita-

tor of the superior court of the county in which the action was filed, or an

employee or agent of that facilitator, acting within the scope of his or her

duties.

(3) Counsel appointed for the child pursuant to Section 3150.

(4) Any other person upon order of the court for good cause.

(b) Confidential information contained in a report prepared pursuant to

Section 3111 that is disclosed to the licensing entity of a child custody

evaluator pursuant to subdivision (a) shall remain confidential and shall only

be used for purposes of investigating allegations of unprofessional conduct by

the child custody evaluator, or in a criminal, civil, or administrative proceeding

involving the child custody evaluator. All confidential information, including,

but not limited to, the identity of any minors, shall retain their confidential

nature in any criminal, civil, or administrative proceeding resulting from the

investigation of unprofessional conduct and shall be sealed at the conclusion of

the proceeding and shall not subsequently be released. Names that are

249

Misc.

confidential shall be listed in attachments separate from the general plead-

ings. If the confidential information does not result in a criminal, civil, or

administrative proceeding, it shall be sealed after the licensing entity decides

that no further action will be taken in the matter of suspected licensing

violations.

HISTORY:

Added Stats 2004 ch 102 § 1 (SB 1284). Amended Stats 2012 ch 470 § 17 (AB 1529), effective

January 1, 2013; Stats 2014 ch 283 § 2 (AB 1843), effective January 1, 2015.

CHAPTER 6

CUSTODY INVESTIGATION AND REPORT

HISTORY: Added Stats 1993 ch 219 § 116.81 (AB 1500). Former Chapter 6, also entitled

"Custody Investigation and Report", consisting of §§ 3110-3113, was enacted Stats 1992 ch 162

§ 10, operative January 1, 1994, and repealed Stats 1993 ch 219 § 116.80.

§ 3111. Appointment of child custody evaluator; Evaluation and re-

port; Availability; Use in evidence; Unwarranted disclosure; Adop-

tion of form

(a) In any contested proceeding involving child custody or visitation rights,

the court may appoint a child custody evaluator to conduct a child custody

evaluation in cases where the court determines it is in the best interests of the

child. The child custody evaluation shall be conducted in accordance with the

standards adopted by the Judicial Council pursuant to Section 3117, and all

other standards adopted by the Judicial Council regarding child custody

evaluations. If directed by the court, the court-appointed child custody evalu-

ator shall file a written confidential report on his or her evaluation. At least 10

days before any hearing regarding custody of the child, the report shall be filed

with the clerk of the court in which the custody hearing will be conducted and

served on the parties or their attorneys, and any other counsel appointed for

the child pursuant to Section 3150. A child custody evaluation, investigation,

or assessment, and any resulting report, may be considered by the court only

if it is conducted in accordance with the requirements set forth in the

standards adopted by the Judicial Council pursuant to Section 3117; however,

this does not preclude the consideration of a child custody evaluation report

that contains nonsubstantive or inconsequential errors or both.

(b) The report shall not be made available other than as provided in

subdivision (a) or Section 3025.5, or as described in Section 204 of the Welfare

and Institutions Code or Section 1514.5 of the Probate Code. Any information

obtained from access to a juvenile court case file, as defined in subdivision (e)

of Section 827 of the Welfare and Institutions Code, is confidential and shall

only be disseminated as provided by paragraph (4) of subdivision (a) of Section

827 of the Welfare and Institutions Code.

250

BOARD OF PSYCHOLOGY

Misc.

(c) The report may be received in evidence on stipulation of all interested

parties and is competent evidence as to all matters contained in the report.

(d) If the court determines that an unwarranted disclosure of a written

confidential report has been made, the court may impose a monetary sanction

against the disclosing party. The sanction shall be in an amount sufficient to

deter repetition of the conduct, and may include reasonable attorney's fees,

costs incurred, or both, unless the court finds that the disclosing party acted

with substantial justification or that other circumstances make the imposition

of the sanction unjust. The court shall not impose a sanction pursuant to this

subdivision that imposes an unreasonable financial burden on the party

against whom the sanction is imposed. This subdivision shall become operative

on January 1, 2010.

(e) The Judicial Council shall, by January 1, 2010, do the following:

(1) Adopt a form to be served with every child custody evaluation report

that informs the report recipient of the confidentiality of the report and the

potential consequences for the unwarranted disclosure of the report.

(2) Adopt a rule of court to require that, when a court-ordered child

custody evaluation report is served on the parties, the form specified in

paragraph (1) shall be included with the report.

(f) For purposes of this section, a disclosure is unwarranted if it is done

either recklessly or maliciously, and is not in the best interests of the child.

HISTORY:

Added Stats 1993 ch 219 § 116.81 (AB 1500). Amended Stats 1996 ch 761 § 1 (SB 1995); Stats 1999

ch 932 § 2 (SB 433); Stats 2002 ch 1008 § 16 (AB 3028); Stats 2004 ch 574 § 1 (AB 2228); Stats 2005

ch 22 § 62 (SB 1108), effective January 1, 2006; Stats 2008 ch 215 § 1 (AB 1877), effective January

1, 2009; Stats 2014 ch 283 § 3 (AB 1843), effective January 1, 2015; Stats 2015 ch 130 § 1 (SB 594),

effective January 1, 2016.

DIVISION 11

MINORS

PART 4

MEDICAL TREATMENT

CHAPTER 3

CONSENT BY MINOR

§ 6920. Minor's capacity to consent to medical or dental care with-

out consent of parent or guardian

Subject to the limitations provided in this chapter, notwithstanding any

other provision of law, a minor may consent to the matters provided in this

chapter, and the consent of the minor's parent or guardian is not necessary.

251

FAMILY CODE

Misc.

HISTORY:

Enacted Stats 1992 ch 162 § 10 (AB 2650), operative January 1, 1994.

§ 6921. Minor's consent not subject to disaffirmance

A consent given by a minor under this chapter is not subject to disaffirmance

because of minority.

HISTORY:

Enacted Stats 1992 ch 162 § 10 (AB 2650), operative January 1, 1994.

§ 6922. Consent by minor 15 or older living separately

(a) A minor may consent to the minor's medical care or dental care if all of

the following conditions are satisfied:

(1) The minor is 15 years of age or older.

(2) The minor is living separate and apart from the minor's parents or

guardian, whether with or without the consent of a parent or guardian and

regardless of the duration of the separate residence.

(3) The minor is managing the minor's own financial affairs, regardless of

the source of the minor's income.

(b) The parents or guardian are not liable for medical care or dental care

provided pursuant to this section.

(c) A physician and surgeon or dentist may, with or without the consent of

the minor patient, advise the minor's parent or guardian of the treatment

given or needed if the physician and surgeon or dentist has reason to know, on

the basis of the information given by the minor, the whereabouts of the parent

or guardian.

HISTORY:

Enacted Stats 1992 ch 162 § 10 (AB 2650), operative January 1, 1994.

§ 6924. Consent by minor to mental health treatment or counseling

or residential shelter services

(a) As used in this section:

(1) "Mental health treatment or counseling services" means the provision

of mental health treatment or counseling on an outpatient basis by any of

the following:

(A) A governmental agency.

(B) A person or agency having a contract with a governmental agency to

provide the services.

(C) An agency that receives funding from community united funds.

(D) A runaway house or crisis resolution center.

(E) A professional person, as defined in paragraph (2).

(2) "Professional person" means any of the following:

(A) A person designated as a mental health professional in Sections 622

to 626, inclusive, of Article 8 of Subchapter 3 of Chapter 1 of Title 9 of the

California Code of Regulations.

252

BOARD OF PSYCHOLOGY

Misc.

(B) A marriage and family therapist as defined in Chapter 13 (com-

mencing with Section 4980) of Division 2 of the Business and Professions

Code.

(C) A licensed educational psychologist as defined in Article 5 (com-

mencing with Section 4986) of Chapter 13 of Division 2 of the Business and

Professions Code.

(D) A credentialed school psychologist as described in Section 49424 of

the Education Code.

(E) Aclinical psychologist as defined in Section 1316.5 of the Health and

Safety Code.

(F) The chief administrator of an agency referred to in paragraph (1) or

(3).

(G) A person registered as an associate marriage and family therapist,

as defined in Chapter 13 (commencing with Section 4980) of Division 2 of

the Business and Professions Code, while working under the supervision

of a licensed professional specified in subdivision (g) of Section 4980.03 of

the Business and Professions Code.

(H) A licensed professional clinical counselor, as defined in Chapter 16

(commencing with Section 4999.10) of Division 2 of the Business and

Professions Code.

(I) A person registered as an associate professional clinical counselor, as

defined in Chapter 16 (commencing with Section 4999.10) of Division 2 of

the Business and Professions Code, while working under the supervision

of a licensed professional specified in subdivision (h) of Section 4999.12 of

the Business and Professions Code.

(3) "Residential shelter services" means any of the following:

(A) The provision of residential and other support services to minors on

a temporary or emergency basis in a facility that services only minors by

a governmental agency, a person or agency having a contract with a

governmental agency to provide these services, an agency that receives

funding from community funds, or a licensed community care facility or

crisis resolution center.

(B) The provision of other support services on a temporary or emer-

gency basis by any professional person as defined in paragraph (2).

(b) A minor who is 12 years of age or older may consent to mental health

treatment or counseling on an outpatient basis, or to residential shelter

services, if both of the following requirements are satisfied:

(1) The minor, in the opinion of the attending professional person, is

mature enough to participate intelligently in the outpatient services or

residential shelter services.

(2) The minor (A) would present a danger of serious physical or mental

harm to self or to others without the mental health treatment or counseling

or residential shelter services, or (B) is the alleged victim of incest or child

abuse.

(c) A professional person offering residential shelter services, whether as an

individual or as a representative of an entity specified in paragraph (3) of

253

FAMILY CODE

Misc.

subdivision (a), shall make his or her best efforts to notify the parent or

guardian of the provision of services.

(d) The mental health treatment or counseling of a minor authorized by this

section shall include involvement of the minor's parent or guardian unless, in

the opinion of the professional person who is treating or counseling the minor,

the involvement would be inappropriate. The professional person who is

treating or counseling the minor shall state in the client record whether and

when the person attempted to contact the minor's parent or guardian, and

whether the attempt to contact was successful or unsuccessful, or the reason

why, in the professional person's opinion, it would be inappropriate to contact

the minor's parent or guardian.

(e) The minor's parents or guardian are not liable for payment for mental

health treatment or counseling services provided pursuant to this section

unless the parent or guardian participates in the mental health treatment or

counseling, and then only for services rendered with the participation of the

parent or guardian. The minor's parents or guardian are not liable for payment

for any residential shelter services provided pursuant to this section unless the

parent or guardian consented to the provision of those services.

(f) This section does not authorize a minor to receive convulsive therapy or

psychosurgery as defined in subdivisions (f) and (g) of Section 5325 of the

Welfare and Institutions Code, or psychotropic drugs without the consent of

the minor's parent or guardian.

HISTORY:

Enacted Stats 1992 ch 162 § 10 (AB 2650), operative January 1, 1994. Amended Stats 1993 ch 219

§ 155 (AB 1500); Stats 2000 ch 519 § 1 (AB 2161); Stats 2009 ch 26 § 22 (SB 33), effective January

1, 2010; Stats 2011 ch 381 § 25 (SB 146), effective January 1, 2012; Stats 2018 ch 703 § 46 (SB 1491),

effective January 1, 2019.

§ 6925. Consent by minor to pregnancy treatment

(a) A minor may consent to medical care related to the prevention or

treatment of pregnancy.

(b) This section does not authorize a minor:

(1) To be sterilized without the consent of the minor's parent or guardian.

(2) To receive an abortion without the consent of a parent or guardian

other than as provided in Section 123450 of the Health and Safety Code.

HISTORY:

Enacted Stats 1992 ch 162 § 10 (AB 2650), operative January 1, 1994. Amended Stats 1996 ch 1023

§ 46 (SB 1497), effective September 29, 1996.

§ 6926. Consent by minor to treatment for communicable disease or

prevention of sexually transmitted disease

(a) A minor who is 12 years of age or older and who may have come into

contact with an infectious, contagious, or communicable disease may consent

to medical care related to the diagnosis or treatment of the disease, if the

disease or condition is one that is required by law or regulation adopted

254

BOARD OF PSYCHOLOGY

Misc.

pursuant to law to be reported to the local health officer, or is a related sexually

transmitted disease, as may be determined by the State Public Health Officer.

(b) A minor who is 12 years of age or older may consent to medical care

related to the prevention of a sexually transmitted disease.

(c) The minor's parents or guardian are not liable for payment for medical

care provided pursuant to this section.

HISTORY:

Enacted Stats 1992 ch 162 § 10 (AB 2650), operative January 1, 1994. Amended Stats 2011 ch 652

§ 1 (AB 499), effective January 1, 2012.

§ 6927. Consent by rape victim to treatment

Aminor who is 12 years of age or older and who is alleged to have been raped

may consent to medical care related to the diagnosis or treatment of the

condition and the collection of medical evidence with regard to the alleged

rape.

HISTORY:

Enacted Stats 1992 ch 162 § 10 (AB 2650), operative January 1, 1994.

§ 6928. Consent by assault victim to treatment

(a) "Sexually assaulted" as used in this section includes, but is not limited

to, conduct coming within Section 261, 286, or 287 of the Penal Code.

(b) A minor who is alleged to have been sexually assaulted may consent to

medical care related to the diagnosis and treatment of the condition, and the

collection of medical evidence with regard to the alleged sexual assault.

(c) The professional person providing medical treatment shall attempt to

contact the minor's parent or guardian and shall note in the minor's treatment

record the date and time the professional person attempted to contact the

parent or guardian and whether the attempt was successful or unsuccessful.

This subdivision does not apply if the professional person reasonably believes

that the minor's parent or guardian committed the sexual assault on the

minor.

HISTORY:

Enacted Stats 1992 ch 162 § 10 (AB 2650), operative January 1, 1994. Amended Stats 2018 ch 423

§ 25 (SB 1494), effective January 1, 2019.

§ 6929. Consent by minor to drug or alcohol treatment; Involve-

ment, liability and rights of parent or guardian

(a) As used in this section:

(1) "Counseling" means the provision of counseling services by a provider

under a contract with the state or a county to provide alcohol or drug abuse

counseling services pursuant to Part 2 (commencing with Section 5600) of

Division 5 of the Welfare and Institutions Code or pursuant to Division 10.5

(commencing with Section 11750) of the Health and Safety Code.

255

FAMILY CODE

Misc.

(2) "Drug or alcohol" includes, but is not limited to, any substance listed in

any of the following:

(A) Section 380 or 381 of the Penal Code.

(B) Division 10 (commencing with Section 11000) of the Health and

Safety Code.

(C) Subdivision (f) of Section 647 of the Penal Code.

(3) "LAAM" means levoalphacetylmethadol as specified in paragraph (10)

of subdivision (c) of Section 11055 of the Health and Safety Code.

(4) "Professional person" means a physician and surgeon, registered

nurse, psychologist, clinical social worker, professional clinical counselor,

marriage and family therapist, registered marriage and family therapist

intern when appropriately employed and supervised pursuant to Section

4980.43 of the Business and Professions Code, psychological assistant when

appropriately employed and supervised pursuant to Section 2913 of the

Business and Professions Code, associate clinical social worker when appro-

priately employed and supervised pursuant to Section 4996.18 of the

Business and Professions Code, or registered clinical counselor intern when

appropriately employed and supervised pursuant to Section 4999.42 of the

Business and Professions Code.

(b) A minor who is 12 years of age or older may consent to medical care and

counseling relating to the diagnosis and treatment of a drug- or alcohol-related

problem.

(c) The treatment plan of a minor authorized by this section shall include

the involvement of the minor's parent or guardian, if appropriate, as deter-

mined by the professional person or treatment facility treating the minor. The

professional person providing medical care or counseling to a minor shall state

in the minor's treatment record whether and when the professional person

attempted to contact the minor's parent or guardian, and whether the attempt

to contact the parent or guardian was successful or unsuccessful, or the reason

why, in the opinion of the professional person, it would not be appropriate to

contact the minor's parent or guardian.

(d) The minor's parent or guardian is not liable for payment for any care

provided to a minor pursuant to this section, except that if the minor's parent

or guardian participates in a counseling program pursuant to this section, the

parent or guardian is liable for the cost of the services provided to the minor

and the parent or guardian.

(e) This section does not authorize a minor to receive replacement narcotic

abuse treatment, in a program licensed pursuant to Article 3 (commencing

with Section 11875) of Chapter 1 of Part 3 of Division 10.5 of the Health and

Safety Code, without the consent of the minor's parent or guardian.

(f) It is the intent of the Legislature that the state shall respect the right of

a parent or legal guardian to seek medical care and counseling for a drug- or

alcohol-related problem of a minor child when the child does not consent to the

medical care and counseling, and nothing in this section shall be construed to

restrict or eliminate this right.

256

BOARD OF PSYCHOLOGY

Misc.

(g) Notwithstanding any other provision of law, in cases where a parent or

legal guardian has sought the medical care and counseling for a drug- or

alcohol-related problem of a minor child, the physician and surgeon shall

disclose medical information concerning the care to the minor's parent or legal

guardian upon his or her request, even if the minor child does not consent to

disclosure, without liability for the disclosure.

HISTORY:

Enacted Stats 1992 ch 162 § 10 (AB 2650), operative January 1, 1994. Amended Stats 1995 ch 455

§ 1 (AB 1113), effective September 5, 1995; Stats 1996 ch 656 § 1 (AB 2883); Stats 2002 ch 1013 § 79

(SB 2026); Stats 2004 ch 59 § 1 (AB 2182); Stats 2009 ch 26 § 23 (SB 33), effective January 1, 2010;

Stats 2011 ch 381 § 26 (SB 146), effective January 1, 2012.

257

FAMILY CODE

Misc.

Misc.

EXTRACTED FROM

GOVERNMENT CODE

TITLE 1

GENERAL

DIVISION 4

PUBLIC OFFICERS AND EMPLOYEES

CHAPTER 1

GENERAL

ARTICLE 2

DISQUALIFICATIONS FOR OFFICE OR

EMPLOYMENT

§ 1031. Minimum standards for peace officers

Each class of public officers or employees declared by law to be peace officers

shall meet all of the following minimum standards:

(a) Be a citizen of the United States or a permanent resident alien who is

eligible for and has applied for citizenship, except as provided in Section

2267 of the Vehicle Code.

(b) Be at least 18 years of age.

(c) Be fingerprinted for purposes of search of local, state, and national

fingerprint files to disclose a criminal record.

(d) Be of good moral character, as determined by a thorough background

investigation.

(e) Be a high school graduate, pass the General Education Development

Test or other high school equivalency test approved by the State Department

of Education that indicates high school graduation level, pass the California

High School Proficiency Examination, or have attained a two-year, four-year,

or advanced degree from an accredited college or university. The high school

shall be either a United States public school, an accredited United States

Department of Defense high school, or an accredited or approved public or

nonpublic high school. Any accreditation or approval required by this

259

Misc.

subdivision shall be from a state or local government educational agency

using local or state government approved accreditation, licensing, registra-

tion, or other approval standards, a regional accrediting association, an

accrediting association recognized by the Secretary of the United States

Department of Education, an accrediting association holding full member-

ship in the National Council for Private School Accreditation (NCPSA), an

organization holding full membership in AdvancED, an organization holding

full membership in the Council for American Private Education (CAPE), or

an accrediting association recognized by the National Federation of Nonpub-

lic School State Accrediting Associations (NFNSSAA).

(f) Be found to be free from any physical, emotional, or mental condition

that might adversely affect the exercise of the powers of a peace officer.

(1) Physical condition shall be evaluated by a licensed physician and

surgeon.

(2) Emotional and mental condition shall be evaluated by either of the

following:

(A) A physician and surgeon who holds a valid California license to

practice medicine, has successfully completed a postgraduate medical

residency education program in psychiatry accredited by the Accredita-

tion Council for Graduate Medical Education, and has at least the

equivalent of five full-time years of experience in the diagnosis and

treatment of emotional and mental disorders, including the equivalent

of three full-time years accrued after completion of the psychiatric

residency program.

(B) A psychologist licensed by the California Board of Psychology who

has at least the equivalent of five full-time years of experience in the

diagnosis and treatment of emotional and mental disorders, including

the equivalent of three full-time years accrued postdoctorate.

The physician and surgeon or psychologist shall also have met any

applicable education and training procedures set forth by the California

Commission on Peace Officer Standards and Training designed for the

conduct of preemployment psychological screening of peace officers.

(g) This section shall not be construed to preclude the adoption of

additional or higher standards, including age.

HISTORY:

Added Stats 2003 ch 777 § 4 (AB 1669), operative January 1, 2005. Amended Stats 2008 ch 699 §

5 (SB 1241), effective January 1, 2009; Stats 2015 ch 499 § 1 (SB 795), effective January 1, 2016.

260

BOARD OF PSYCHOLOGY

Misc.

DIVISION 7

MISCELLANEOUS

CHAPTER 3.5

INSPECTION OF PUBLIC RECORDS

HISTORY: Added Stats 1968 ch 1473 § 39.

ARTICLE 1

GENERAL PROVISIONS

HISTORY: Heading added Stats 1998 ch 620 § 1.

§ 6254. Records exempt from disclosure requirements

Except as provided in Sections 6254.7 and 6254.13, this chapter does not

require the disclosure of any of the following records:

(a) Preliminary drafts, notes, or interagency or intra-agency memoranda

that are not retained by the public agency in the ordinary course of business,

if the public interest in withholding those records clearly outweighs the

public interest in disclosure.

(b) Records pertaining to pending litigation to which the public agency is

a party, or to claims made pursuant to Division 3.6 (commencing with

Section 810), until the pending litigation or claim has been finally adjudi-

cated or otherwise settled.

(c) Personnel, medical, or similar files, the disclosure of which would

constitute an unwarranted invasion of personal privacy.

(d) Records contained in or related to any of the following:

(1) Applications filed with any state agency responsible for the regula-

tion or supervision of the issuance of securities or of financial institutions,

including, but not limited to, banks, savings and loan associations,

industrial loan companies, credit unions, and insurance companies.

(2) Examination, operating, or condition reports prepared by, on behalf

of, or for the use of, any state agency referred to in paragraph (1).

(3) Preliminary drafts, notes, or interagency or intra-agency communi-

cations prepared by, on behalf of, or for the use of, any state agency

referred to in paragraph (1).

(4) Information received in confidence by any state agency referred to in

paragraph (1).

(e) Geological and geophysical data, plant production data, and similar

information relating to utility systems development, or market or crop

reports, that are obtained in confidence from any person.

261

GOVERNMENT CODE

Misc.

(f) Records of complaints to, or investigations conducted by, or records of

intelligence information or security procedures of, the office of the Attorney

General and the Department of Justice, the Office of Emergency Services

and any state or local police agency, or any investigatory or security files

compiled by any other state or local police agency, or any investigatory or

security files compiled by any other state or local agency for correctional, law

enforcement, or licensing purposes. However, state and local law enforce-

ment agencies shall disclose the names and addresses of persons involved in,

or witnesses other than confidential informants to, the incident, the descrip-

tion of any property involved, the date, time, and location of the incident, all

diagrams, statements of the parties involved in the incident, the statements

of all witnesses, other than confidential informants, to the victims of an

incident, or an authorized representative thereof, an insurance carrier

against which a claim has been or might be made, and any person suffering

bodily injury or property damage or loss, as the result of the incident caused

by arson, burglary, fire, explosion, larceny, robbery, carjacking, vandalism,

vehicle theft, or a crime as defined by subdivision (b) of Section 13951, unless

the disclosure would endanger the safety of a witness or other person

involved in the investigation, or unless disclosure would endanger the

successful completion of the investigation or a related investigation. How-

ever, this subdivision does not require the disclosure of that portion of those

investigative files that reflects the analysis or conclusions of the investigat-

ing officer.

Customer lists provided to a state or local police agency by an alarm or

security company at the request of the agency shall be construed to be

records subject to this subdivision

Notwithstanding any other provision of this subdivision, state and local

law enforcement agencies shall make public the following information,

except to the extent that disclosure of a particular item of information would

endanger the safety of a person involved in an investigation or would

endanger the successful completion of the investigation or a related inves-

tigation:

(1) The full name and occupation of every individual arrested by the

agency, the individual's physical description including date of birth, color

of eyes and hair, sex, height and weight, the time and date of arrest, the

time and date of booking, the location of the arrest, the factual circum-

stances surrounding the arrest, the amount of bail set, the time and

manner of release or the location where the individual is currently being

held, and all charges the individual is being held upon, including any

outstanding warrants from other jurisdictions and parole or probation

holds.

(2)(A) Subject to the restrictions imposed by Section 841.5 of the Penal

Code, the time, substance, and location of all complaints or requests for

assistance received by the agency and the time and nature of the

response thereto, including, to the extent the information regarding

262

BOARD OF PSYCHOLOGY

Misc.

crimes alleged or committed or any other incident investigated is

recorded, the time, date, and location of occurrence, the time and date of

the report, the name and age of the victim, the factual circumstances

surrounding the crime or incident, and a general description of any

injuries, property, or weapons involved. The name of a victim of any

crime defined by Section 220, 261, 261.5, 262, 264, 264.1, 265, 266, 266a,

266b, 266c, 266e, 266f, 266j, 267, 269, 273a, 273d, 273.5, 285, 286, 288,

288a, 288.2, 288.3, 288.4, 288.5, 288.7, 289, 422.6, 422.7, 422.75, 646.9,

or 647.6 of the Penal Code may be withheld at the victim's request, or at

the request of the victim's parent or guardian if the victim is a minor.

When a person is the victim of more than one crime, information

disclosing that the person is a victim of a crime defined in any of the

sections of the Penal Code set forth in this subdivision may be deleted at

the request of the victim, or the victim's parent or guardian if the victim

is a minor, in making the report of the crime, or of any crime or incident

accompanying the crime, available to the public in compliance with the

requirements of this paragraph.

(B) Subject to the restrictions imposed by Section 841.5 of the Penal

Code, the names and images of a victim of human trafficking, as defined

in Section 236.1 of the Penal Code, and of that victim's immediate

family, other than a family member who is charged with a criminal

offense arising from the same incident, may be withheld at the victim's

request until the investigation or any subsequent prosecution is com-

plete. For purposes of this subdivision, "immediate family" shall have

the same meaning as that provided in paragraph (3) of subdivision (b) of

Section 422.4 of the Penal Code.

(3) Subject to the restrictions of Section 841.5 of the Penal Code and this

subdivision, the current address of every individual arrested by the agency

and the current address of the victim of a crime, if the requester declares

under penalty of perjury that the request is made for a scholarly,

journalistic, political, or governmental purpose, or that the request is

made for investigation purposes by a licensed private investigator as

described in Chapter 11.3 (commencing with Section 7512) of Division 3 of

the Business and Professions Code. However, the address of the victim of

any crime defined by Section 220, 236.1, 261, 261.5, 262, 264, 264.1, 265,

266, 266a, 266b, 266c, 266e, 266f, 266j, 267, 269, 273a, 273d, 273.5, 285,

286, 288, 288a, 288.2, 288.3, 288.4, 288.5, 288.7, 289, 422.6, 422.7, 422.75,

646.9, or 647.6 of the Penal Code shall remain confidential. Address

information obtained pursuant to this paragraph shall not be used directly

or indirectly, or furnished to another, to sell a product or service to any

individual or group of individuals, and the requester shall execute a

declaration to that effect under penalty of perjury. This paragraph shall

not be construed to prohibit or limit a scholarly, journalistic, political, or

government use of address information obtained pursuant to this para-

graph.

263

GOVERNMENT CODE

Misc.

(4) Notwithstanding any other provision of this subdivision, commenc-

ing July 1, 2019, a video or audio recording that relates to a critical

incident, as defined in subparagraph (C), may be withheld only as follows:

(A)(i) During an active criminal or administrative investigation,

disclosure of a recording related to a critical incident may be delayed

for no longer than 45 calendar days after the date the agency knew or

reasonably should have known about the incident, if, based on the

facts and circumstances depicted in the recording, disclosure would

substantially interfere with the investigation, such as by endangering

the safety of a witness or a confidential source. If an agency delays

disclosure pursuant to this paragraph, the agency shall provide in

writing to the requester the specific basis for the agency's determina-

tion that disclosure would substantially interfere with the investiga-

tion and the estimated date for disclosure.

(ii) After 45 days from the date the agency knew or reasonably

should have known about the incident, and up to one year from that

date, the agency may continue to delay disclosure of a recording if the

agency demonstrates that disclosure would substantially interfere

with the investigation. After one year from the date the agency knew

or reasonably should have known about the incident, the agency may

continue to delay disclosure of a recording only if the agency demon-

strates by clear and convincing evidence that disclosure would sub-

stantially interfere with the investigation. If an agency delays disclo-

sure pursuant to this clause, the agency shall promptly provide in

writing to the requester the specific basis for the agency's determina-

tion that the interest in preventing interference with an active

investigation outweighs the public interest in disclosure and provide

the estimated date for the disclosure. The agency shall reassess

withholding and notify the requester every 30 days. A recording

withheld by the agency shall be disclosed promptly when the specific

basis for withholding is resolved.

(B)(i) If the agency demonstrates, on the facts of the particular case,

that the public interest in withholding a video or audio recording

clearly outweighs the public interest in disclosure because the release

of the recording would, based on the facts and circumstances depicted

in the recording, violate the reasonable expectation of privacy of a

subject depicted in the recording, the agency shall provide in writing

to the requester the specific basis for the expectation of privacy and

the public interest served by withholding the recording and may use

redaction technology, including blurring or distorting images or audio,

to obscure those specific portions of the recording that protect that

interest. However, the redaction shall not interfere with the viewer's

ability to fully, completely, and accurately comprehend the events

captured in the recording and the recording shall not otherwise be

edited or altered.

264

BOARD OF PSYCHOLOGY

Misc.

(ii) Except as provided in clause (iii), if the agency demonstrates

that the reasonable expectation of privacy of a subject depicted in the

recording cannot adequately be protected through redaction as de-

scribed in clause (i) and that interest outweighs the public interest in

disclosure, the agency may withhold the recording from the public,

except that the recording, either redacted as provided in clause (i) or

unredacted, shall be disclosed promptly, upon request, to any of the

following:

(I) The subject of the recording whose privacy is to be protected,

or his or her authorized representative.

(II) If the subject is a minor, the parent or legal guardian of the

subject whose privacy is to be protected.

(III) If the subject whose privacy is to be protected is deceased, an

heir, beneficiary, designated immediate family member, or autho-

rized legal representative of the deceased subject whose privacy is

to be protected.

(iii) If disclosure pursuant to clause (ii) would substantially inter-

fere with an active criminal or administrative investigation, the

agency shall provide in writing to the requester the specific basis for

the agency's determination that disclosure would substantially inter-

fere with the investigation, and provide the video or audio recording.

Thereafter, the recording may be withheld by the agency for 45

calendar days, subject to extensions as set forth in clause (ii) of

subparagraph (A).

(C) For purposes of this paragraph, a video or audio recording relates

to a critical incident if it depicts any of the following incidents:

(i) An incident involving the discharge of a firearm at a person by a

peace officer or custodial officer.

(ii) An incident in which the use of force by a peace officer or

custodial officer against a person resulted in death or in great bodily

injury.

(D) An agency may provide greater public access to video or audio

recordings than the minimum standards set forth in this paragraph.

(E) This paragraph does not alter, limit, or negate any other rights,

remedies, or obligations with respect to public records regarding an

incident other than a critical incident as described in subparagraph (C).

(F) For purposes of this paragraph, a peace officer does not include

any peace officer employed by the Department of Corrections and

Rehabilitation.

(g) Test questions, scoring keys, and other examination data used to

administer a licensing examination, examination for employment, or aca-

demic examination, except as provided for in Chapter 3 (commencing with

Section 99150) of Part 65 of Division 14 of Title 3 of the Education Code.

(h) The contents of real estate appraisals or engineering or feasibility

estimates and evaluations made for or by the state or local agency relative to

265

GOVERNMENT CODE

Misc.

the acquisition of property, or to prospective public supply and construction

contracts, until all of the property has been acquired or all of the contract

agreement obtained. However, the law of eminent domain shall not be

affected by this provision.

(i) Information required from any taxpayer in connection with the collec-

tion of local taxes that is received in confidence and the disclosure of the

information to other persons would result in unfair competitive disadvan-

tage to the person supplying the information.

(j) Library circulation records kept for the purpose of identifying the

borrower of items available in libraries, and library and museum materials

made or acquired and presented solely for reference or exhibition purposes.

The exemption in this subdivision shall not apply to records of fines imposed

on the borrowers.

(k) Records, the disclosure of which is exempted or prohibited pursuant to

federal or state law, including, but not limited to, provisions of the Evidence

Code relating to privilege.

(l) Correspondence of and to the Governor or employees of the Governor's

office or in the custody of or maintained by the Governor's Legal Affairs

Secretary. However, public records shall not be transferred to the custody of

the Governor's Legal Affairs Secretary to evade the disclosure provisions of

this chapter.

(m) In the custody of or maintained by the Legislative Counsel, except

those records in the public database maintained by the Legislative Counsel

that are described in Section 10248.

(n) Statements of personal worth or personal financial data required by a

licensing agency and filed by an applicant with the licensing agency to

establish his or her personal qualification for the license, certificate, or

permit applied for.

(o) Financial data contained in applications for financing under Division

27 (commencing with Section 44500) of the Health and Safety Code, if an

authorized officer of the California Pollution Control Financing Authority

determines that disclosure of the financial data would be competitively

injurious to the applicant and the data is required in order to obtain

guarantees from the United States Small Business Administration. The

California Pollution Control Financing Authority shall adopt rules for

review of individual requests for confidentiality under this section and for

making available to the public those portions of an application that are

subject to disclosure under this chapter.

(p)(1) Records of state agencies related to activities governed by Chapter

10.3 (commencing with Section 3512), Chapter 10.5 (commencing with

Section 3525), and Chapter 12 (commencing with Section 3560) of Division

4, that reveal a state agency's deliberative processes, impressions, evalu-

ations, opinions, recommendations, meeting minutes, research, work

products, theories, or strategy, or that provide instruction, advice, or

training to employees who do not have full collective bargaining and

266

BOARD OF PSYCHOLOGY

Misc.

representation rights under these chapters. This paragraph shall not be

construed to limit the disclosure duties of a state agency with respect to

any other records relating to the activities governed by the employee

relations acts referred to in this paragraph.

(2) Records of local agencies related to activities governed by Chapter

10 (commencing with Section 3500) of Division 4, that reveal a local

agency's deliberative processes, impressions, evaluations, opinions, recom-

mendations, meeting minutes, research, work products, theories, or strat-

egy, or that provide instruction, advice, or training to employees who do

not have full collective bargaining and representation rights under that

chapter. This paragraph shall not be construed to limit the disclosure

duties of a local agency with respect to any other records relating to the

activities governed by the employee relations act referred to in this

paragraph.

(q)(1) Records of state agencies related to activities governed by Article 2.6

(commencing with Section 14081), Article 2.8 (commencing with Section

14087.5), and Article 2.91 (commencing with Section 14089) of Chapter 7

of Part 3 of Division 9 of theWelfare and Institutions Code, that reveal the

special negotiator's deliberative processes, discussions, communications,

or any other portion of the negotiations with providers of health care

services, impressions, opinions, recommendations, meeting minutes, re-

search, work product, theories, or strategy, or that provide instruction,

advice, or training to employees.

(2) Except for the portion of a contract containing the rates of payment,

contracts for inpatient services entered into pursuant to these articles, on

or after April 1, 1984, shall be open to inspection one year after they are

fully executed. If a contract for inpatient services that is entered into prior

to April 1, 1984, is amended on or after April 1, 1984, the amendment,

except for any portion containing the rates of payment, shall be open to

inspection one year after it is fully executed. If the California Medical

Assistance Commission enters into contracts with health care providers

for other than inpatient hospital services, those contracts shall be open to

inspection one year after they are fully executed.

(3) Three years after a contract or amendment is open to inspection

under this subdivision, the portion of the contract or amendment contain-

ing the rates of payment shall be open to inspection.

(4) Notwithstanding any other law, the entire contract or amendment

shall be open to inspection by the Joint Legislative Audit Committee and

the Legislative Analyst's Office. The committee and that office shall

maintain the confidentiality of the contracts and amendments until the

time a contract or amendment is fully open to inspection by the public.

(r) Records of Native American graves, cemeteries, and sacred places and

records of Native American places, features, and objects described in

Sections 5097.9 and 5097.993 of the Public Resources Code maintained by, or

in the possession of, the Native American Heritage Commission, another

state agency, or a local agency.

267

GOVERNMENT CODE

Misc.

(s) Afinal accreditation report of the Joint Commission on Accreditation of

Hospitals that has been transmitted to the State Department of Health Care

Services pursuant to subdivision (b) of Section 1282 of the Health and Safety

Code.

(t) Records of a local hospital district, formed pursuant to Division 23

(commencing with Section 32000) of the Health and Safety Code, or the

records of a municipal hospital, formed pursuant to Article 7 (commencing

with Section 37600) or Article 8 (commencing with Section 37650) of Chapter

5 of Part 2 of Division 3 of Title 4 of this code, that relate to any contract with

an insurer or nonprofit hospital service plan for inpatient or outpatient

services for alternative rates pursuant to Section 10133 of the Insurance

Code. However, the record shall be open to inspection within one year after

the contract is fully executed.

(u)(1) Information contained in applications for licenses to carry firearms

issued pursuant to Section 26150, 26155, 26170, or 26215 of the Penal

Code by the sheriff of a county or the chief or other head of a municipal

police department that indicates when or where the applicant is vulner-

able to attack or that concerns the applicant's medical or psychological

history or that of members of his or her family.

(2) The home address and telephone number of prosecutors, public

defenders, peace officers, judges, court commissioners, and magistrates

that are set forth in applications for licenses to carry firearms issued

pursuant to Section 26150, 26155, 26170, or 26215 of the Penal Code by

the sheriff of a county or the chief or other head of a municipal police

department.

(3) The home address and telephone number of prosecutors, public

defenders, peace officers, judges, court commissioners, and magistrates

that are set forth in licenses to carry firearms issued pursuant to Section

26150, 26155, 26170, or 26215 of the Penal Code by the sheriff of a county

or the chief or other head of a municipal police department.

(v)(1) Records of the Managed Risk Medical Insurance Board and the

State Department of Health Care Services related to activities governed

by former Part 6.3 (commencing with Section 12695), former Part 6.5

(commencing with Section 12700), Part 6.6 (commencing with Section

12739.5), or Part 6.7 (commencing with Section 12739.70) of Division 2 of

the Insurance Code, or Chapter 2 (commencing with Section 15810) or

Chapter 4 (commencing with Section 15870) of Part 3.3 of Division 9 of the

Welfare and Institutions Code, and that reveal any of the following:

(A) The deliberative processes, discussions, communications, or any

other portion of the negotiations with entities contracting or seeking to

contract with the board or the department, entities with which the

board or the department is considering a contract, or entities with which

the board or department is considering or enters into any other

arrangement under which the board or the department provides,

receives, or arranges services or reimbursement.

268

BOARD OF PSYCHOLOGY

Misc.

(B) The impressions, opinions, recommendations, meeting minutes,

research, work product, theories, or strategy of the board or its staff or

the department or its staff, or records that provide instructions, advice,

or training to their employees.

(2)(A) Except for the portion of a contract that contains the rates of

payment, contracts entered into pursuant to former Part 6.3 (commenc-

ing with Section 12695), former Part 6.5 (commencing with Section

12700), Part 6.6 (commencing with Section 12739.5), or Part 6.7 (com-

mencing with Section 12739.70) of Division 2 of the Insurance Code, or

Chapter 2 (commencing with Section 15810) or Chapter 4 (commencing

with Section 15870) of Part 3.3 of Division 9 of the Welfare and

Institutions Code, on or after July 1, 1991, shall be open to inspection

one year after their effective dates.

(B) If a contract that is entered into prior to July 1, 1991, is amended

on or after July 1, 1991, the amendment, except for any portion

containing the rates of payment, shall be open to inspection one year

after the effective date of the amendment.

(3) Three years after a contract or amendment is open to inspection

pursuant to this subdivision, the portion of the contract or amendment

containing the rates of payment shall be open to inspection.

(4) Notwithstanding any other law, the entire contract or amendments

to a contract shall be open to inspection by the Joint Legislative Audit

Committee. The committee shall maintain the confidentiality of the

contracts and amendments thereto, until the contracts or amendments to

the contracts are open to inspection pursuant to paragraph (3).

(w)(1) Records of the Managed Risk Medical Insurance Board related to

activities governed by Chapter 8 (commencing with Section 10700) of Part

2 of Division 2 of the Insurance Code, and that reveal the deliberative

processes, discussions, communications, or any other portion of the

negotiations with health plans, or the impressions, opinions, recommen-

dations, meeting minutes, research, work product, theories, or strategy of

the board or its staff, or records that provide instructions, advice, or

training to employees.

(2) Except for the portion of a contract that contains the rates of

payment, contracts for health coverage entered into pursuant to Chapter

8 (commencing with Section 10700) of Part 2 of Division 2 of the Insurance

Code, on or after January 1, 1993, shall be open to inspection one year

after they have been fully executed.

(3) Notwithstanding any other law, the entire contract or amendments

to a contract shall be open to inspection by the Joint Legislative Audit

Committee. The committee shall maintain the confidentiality of the

contracts and amendments thereto, until the contracts or amendments to

the contracts are open to inspection pursuant to paragraph (2).

(x) Financial data contained in applications for registration, or registra-

tion renewal, as a service contractor filed with the Director of Consumer

269

GOVERNMENT CODE

Misc.

Affairs pursuant to Chapter 20 (commencing with Section 9800) of Division

3 of the Business and Professions Code, for the purpose of establishing the

service contractor's net worth, or financial data regarding the funded

accounts held in escrow for service contracts held in force in this state by a

service contractor.

(y)(1) Records of the Managed Risk Medical Insurance Board and the

State Department of Health Care Services related to activities governed

by Part 6.2 (commencing with Section 12693) or former Part 6.4 (com-

mencing with Section 12699.50) of Division 2 of the Insurance Code or

Sections 14005.26 and 14005.27 of, or Chapter 3 (commencing with

Section 15850) of Part 3.3 of Division 9 of, the Welfare and Institutions

Code, if the records reveal any of the following:

(A) The deliberative processes, discussions, communications, or any

other portion of the negotiations with entities contracting or seeking to

contract with the board or the department, entities with which the

board or department is considering a contract, or entities with which the

board or department is considering or enters into any other arrange-

ment under which the board or department provides, receives, or

arranges services or reimbursement.

(B) The impressions, opinions, recommendations, meeting minutes,

research, work product, theories, or strategy of the board or its staff, or

the department or its staff, or records that provide instructions, advice,

or training to employees.

(2)(A) Except for the portion of a contract that contains the rates of

payment, contracts entered into pursuant to Part 6.2 (commencing with

Section 12693) or former Part 6.4 (commencing with Section 12699.50)

of Division 2 of the Insurance Code, on or after January 1, 1998, or

Sections 14005.26 and 14005.27 of, or Chapter 3 (commencing with

Section 15850) of Part 3.3 of Division 9 of, the Welfare and Institutions

Code shall be open to inspection one year after their effective dates.

(B) If a contract entered into pursuant to Part 6.2 (commencing with

Section 12693) or former Part 6.4 (commencing with Section 12699.50)

of Division 2 of the Insurance Code or Sections 14005.26 and 14005.27

of, or Chapter 3 (commencing with Section 15850) of Part 3.3 of Division

9 of, the Welfare and Institutions Code, is amended, the amendment

shall be open to inspection one year after the effective date of the

amendment.

(3) Three years after a contract or amendment is open to inspection

pursuant to this subdivision, the portion of the contract or amendment

containing the rates of payment shall be open to inspection.

(4) Notwithstanding any other law, the entire contract or amendments

to a contract shall be open to inspection by the Joint Legislative Audit

Committee. The committee shall maintain the confidentiality of the

contracts and amendments thereto until the contract or amendments to a

contract are open to inspection pursuant to paragraph (2) or (3).

270

BOARD OF PSYCHOLOGY

Misc.

(5) The exemption from disclosure provided pursuant to this subdivi-

sion for the contracts, deliberative processes, discussions, communica-

tions, negotiations, impressions, opinions, recommendations, meeting

minutes, research, work product, theories, or strategy of the board or its

staff, or the department or its staff, shall also apply to the contracts,

deliberative processes, discussions, communications, negotiations, im-

pressions, opinions, recommendations, meeting minutes, research, work

product, theories, or strategy of applicants pursuant to Part 6.4 (commenc-

ing with Section 12699.50) of Division 2 of the Insurance Code or Chapter

3 (commencing with Section 15850) of Part 3.3 of Division 9 of the Welfare

and Institutions Code.

(z) Records obtained pursuant to paragraph (2) of subdivision (f) of

Section 2891.1 of the Public Utilities Code.

(aa) Adocument prepared by or for a state or local agency that assesses its

vulnerability to terrorist attack or other criminal acts intended to disrupt

the public agency's operations and that is for distribution or consideration in

a closed session.

(ab) Critical infrastructure information, as defined in Section 131(3) of

Title 6 of the United States Code, that is voluntarily submitted to the Office

of Emergency Services for use by that office, including the identity of the

person who or entity that voluntarily submitted the information. As used in

this subdivision, "voluntarily submitted" means submitted in the absence of

the office exercising any legal authority to compel access to or submission of

critical infrastructure information. This subdivision shall not affect the

status of information in the possession of any other state or local govern-

mental agency.

(ac) All information provided to the Secretary of State by a person for the

purpose of registration in the Advance Health Care Directive Registry,

except that those records shall be released at the request of a health care

provider, a public guardian, or the registrant's legal representative.

(ad) The following records of the State Compensation Insurance Fund:

(1) Records related to claims pursuant to Chapter 1 (commencing with

Section 3200) of Division 4 of the Labor Code, to the extent that

confidential medical information or other individually identifiable infor-

mation would be disclosed.

(2) Records related to the discussions, communications, or any other

portion of the negotiations with entities contracting or seeking to contract

with the fund, and any related deliberations.

(3) Records related to the impressions, opinions, recommendations,

meeting minutes of meetings or sessions that are lawfully closed to the

public, research, work product, theories, or strategy of the fund or its staff,

on the development of rates, contracting strategy, underwriting, or com-

petitive strategy pursuant to the powers granted to the fund in Chapter 4

(commencing with Section 11770) of Part 3 of Division 2 of the Insurance

Code.

271

GOVERNMENT CODE

Misc.

(4) Records obtained to provide workers' compensation insurance under

Chapter 4 (commencing with Section 11770) of Part 3 of Division 2 of the

Insurance Code, including, but not limited to, any medical claims infor-

mation, policyholder information provided that nothing in this paragraph

shall be interpreted to prevent an insurance agent or broker from

obtaining proprietary information or other information authorized by law

to be obtained by the agent or broker, and information on rates, pricing,

and claims handling received from brokers.

(5)(A) Records that are trade secrets pursuant to Section 6276.44, or

Article 11 (commencing with Section 1060) of Chapter 4 of Division 8 of

the Evidence Code, including without limitation, instructions, advice, or

training provided by the State Compensation Insurance Fund to its

board members, officers, and employees regarding the fund's special

investigation unit, internal audit unit, and informational security,

marketing, rating, pricing, underwriting, claims handling, audits, and

collections.

(B) Notwithstanding subparagraph (A), the portions of records con-

taining trade secrets shall be available for review by the Joint Legisla-

tive Audit Committee, California State Auditor's Office, Division of

Workers' Compensation, and the Department of Insurance to ensure

compliance with applicable law.

(6)(A) Internal audits containing proprietary information and the fol-

lowing records that are related to an internal audit:

(i) Personal papers and correspondence of any person providing

assistance to the fund when that person has requested in writing that

his or her papers and correspondence be kept private and confidential.

Those papers and correspondence shall become public records if the

written request is withdrawn, or upon order of the fund.

(ii) Papers, correspondence, memoranda, or any substantive infor-

mation pertaining to any audit not completed or an internal audit that

contains proprietary information.

(B) Notwithstanding subparagraph (A), the portions of records con-

taining proprietary information, or any information specified in sub-

paragraph (A) shall be available for review by the Joint Legislative

Audit Committee, California State Auditor's Office, Division of Workers'

Compensation, and the Department of Insurance to ensure compliance

with applicable law.

(7)(A) Except as provided in subparagraph (C), contracts entered into

pursuant to Chapter 4 (commencing with Section 11770) of Part 3 of

Division 2 of the Insurance Code shall be open to inspection one year

after the contract has been fully executed.

(B) If a contract entered into pursuant to Chapter 4 (commencing

with Section 11770) of Part 3 of Division 2 of the Insurance Code is

amended, the amendment shall be open to inspection one year after the

amendment has been fully executed.

272

BOARD OF PSYCHOLOGY

Misc.

(C) Three years after a contract or amendment is open to inspection

pursuant to this subdivision, the portion of the contract or amendment

containing the rates of payment shall be open to inspection.

(D) Notwithstanding any other law, the entire contract or amend-

ments to a contract shall be open to inspection by the Joint Legislative

Audit Committee. The committee shall maintain the confidentiality of

the contracts and amendments thereto until the contract or amend-

ments to a contract are open to inspection pursuant to this paragraph.

(E) This paragraph is not intended to apply to documents related to

contracts with public entities that are not otherwise expressly confiden-

tial as to that public entity.

(F) For purposes of this paragraph, "fully executed" means the point

in time when all of the necessary parties to the contract have signed the

contract.

This section does not prevent any agency from opening its records

concerning the administration of the agency to public inspection, unless

disclosure is otherwise prohibited by law.

This section does not prevent any health facility from disclosing to a

certified bargaining agent relevant financing information pursuant to

Section 8 of the National Labor Relations Act (29 U.S.C. Sec. 158).

HISTORY:

Added Stats 1981 ch 684 § 1.5, effective September 23, 1981, operative January 1, 1982. Amended

Stats 1982 ch 83 § 1, effective March 1, 1982, ch 1492 § 2, ch 1594 § 2, effective September 30, 1982;

Stats 1983 ch 200 § 1, effective July 12, 1983, ch 621 § 1, ch 955 § 1, ch 1315 § 1; Stats 1984 ch 1516

§ 1, effective September 28, 1984; Stats 1985 ch 103 § 1; ch 1218 § 1; Stats 1986 ch 185 § 2; Stats 1987

ch 634 § 1, effective September 14, 1987, ch 635 § 1; Stats 1988 ch 870 § 1, ch 1371 § 2; Stats 1989

ch 191 § 1; Stats 1990 ch 1106 § 2 (SB 2106); Stats 1991 ch 278 § 1.2 (AB 99), effective July 30, 1991,

ch 607 § 4 (SB 98); Stats 1992 ch 3 § 1 (AB 1681), effective February 10, 1992, ch 72 § 2 (AB 1525),

effective May 28, 1992, ch 1128 § 2 (AB 1672), operative July 1, 1993; Stats 1993 ch 606 § 1 (AB 166),

effective October 1, 1993 (ch 1265 prevails); Stats 1993 ch 610 § 1 (AB 6), effective October 1, 1993;

Stats 1993 ch 611 § 1 (SB 60), effective October 1, 1993; Stats 1993 ch 1265 § 14 (SB 798); S tats 1994

ch 82 § 1 (AB 2547), ch 1263 § 1.5 (AB 1328); Stats 1995 ch 438 § 1 (AB 985), ch 777 § 2 (AB 958), ch

778 § 1.5 (SB 1059); Stats 1996 ch 1075 § 11 (SB 1444); Stats 1997 ch 623 § 1 (AB 1126); Stats 1998

ch 13 § 1 (AB 487), ch 110 § 1 (AB 1795) (ch 110 prevails), ch 485 § 83 (AB 2803); Stats 2000 ch 184

§ 1 (AB 1349); Stats 2001 ch 159 § 105 (SB 662); Stats 2002 ch 175 § 1 (SB 1643); Stats 2003 ch 230

§ 1 (AB 1762), effective August 11, 2003, ch 673 § 12 (SB 2); Stats 2004 ch 8 § 1 (AB 1209), effective

January 22, 2004, ch 183 § 134 (AB 3082), ch 228 § 2 (SB 1103), effective August 16, 2004, ch 882 §

1 (AB 2445), ch 937 § 2.5 (AB 1933); Stats 2005 ch 22 § 71 (SB 1108), ch 476 § 1 (AB 1495), effective

October 4, 2005, ch 670 § 1.5 (SB 922), effective October 7, 2005; Stats 2006 ch 538 § 232 (SB 1852);

Stats 2007 ch 577 § 1 (AB 1750), effective October 13, 2007, ch 578 § 1.5 (SB 449); Stats 2008 ch 344

§ 1 (SB 1145), effective September 26, 2008, ch 358 § 2 (AB 2810), ch 372 § 1.3 (AB 38), effective

January 1, 2009; Stats 2010 ch 32 § 1 (AB 1887) (ch 32 prevails), effective June 29, 2010, ch 178 § 33

(SB 1115), effective January 1, 2011, operative January 1, 2012; Stats 2011 ch 285 § 7 (AB 1402),

effective January 1, 2012. See this section as modified in Governor's Reorganization Plan No. 2 § 85

of 2012; Amended Stats 2012 ch 697 § 1 (AB 2221), effective January 1, 2013; Stats 2013 ch 23 § 2 (AB

82), effective June 27, 2013, ch 352 § 106 (AB 1317), effective September 26, 2013, operative July 1,

2013; Stats 2014 ch 31 § 2 (SB 857), effective June 20, 2014; Stats 2015 ch 303 § 183 (AB 731),

effective January 1, 2016; Stats 2016 ch 644 § 1 (AB 2498), effective January 1, 2017; Stats 2017 ch

560 § 1 (AB 1455), effective January 1, 2018; Stats 2018 ch 423 § 27 (SB 1494), effective January 1,

2019; Stats 2018 ch 960 § 1 (AB 748), effective January 1, 2019 (ch 960 prevails).

273

GOVERNMENT CODE

Misc.

TITLE 2

GOVERNMENT OF THE STATE OF CALIFORNIA

DIVISION 3

EXECUTIVE DEPARTMENT

HISTORY: Added Stats 1945 ch 111 § 3.

PART 1

STATE DEPARTMENTS AND AGENCIES

CHAPTER 1

STATE AGENCIES

ARTICLE 9

MEETINGS

HISTORY: Added Stats 1967 ch 1656 § 122.

§ 11123. Open meeting requirement for state bodies; Meetings by

teleconference; Public reporting requirement for actions at meeting

(a) All meetings of a state body shall be open and public and all persons shall

be permitted to attend any meeting of a state body except as otherwise

provided in this article.

(b)(1) This article does not prohibit a state body from holding an open or

closed meeting by teleconference for the benefit of the public and state body.

The meeting or proceeding held by teleconference shall otherwise comply

with all applicable requirements or laws relating to a specific type of meeting

or proceeding, including the following:

(A) The teleconferencing meeting shall comply with all requirements of

this article applicable to other meetings.

(B) The portion of the teleconferenced meeting that is required to be

open to the public shall be audible to the public at the location specified in

the notice of the meeting.

(C) If the state body elects to conduct a meeting or proceeding by

teleconference, it shall post agendas at all teleconference locations and

conduct teleconference meetings in a manner that protects the rights of

any party or member of the public appearing before the state body. Each

teleconference location shall be identified in the notice and agenda of the

274

BOARD OF PSYCHOLOGY

Misc.

meeting or proceeding, and each teleconference location shall be accessible

to the public. The agenda shall provide an opportunity for members of the

public to address the state body directly pursuant to Section 11125.7 at

each teleconference location.

(D) All votes taken during a teleconferenced meeting shall be by rollcall.

(E) The portion of the teleconferenced meeting that is closed to the

public may not include the consideration of any agenda item being heard

pursuant to Section 11125.5.

(F) At least one member of the state body shall be physically present at

the location specified in the notice of the meeting.

(2) For the purposes of this subdivision, "teleconference" means a meeting

of a state body, the members of which are at different locations, connected by

electronic means, through either audio or both audio and video. This section

does not prohibit a state body from providing members of the public with

additional locations in which the public may observe or address the state

body by electronic means, through either audio or both audio and video.

(c) The state body shall publicly report any action taken and the vote or

abstention on that action of each member present for the action.

HISTORY:

Added Stats 1967 ch 1656 § 122. Amended Stats 1981 ch 968 § 7.5; Stats 1994 ch 1153 § 1 (AB

3467); Stats 1997 ch 52 § 1 (AB 1097); Stats 2001 ch 243 § 7 (AB 192); Stats 2014 ch 510 § 1 (AB 2720),

effective January 1, 2015.

§ 11124. Prohibited conditions to attendance

No person shall be required, as a condition to attendance at a meeting of a

state body, to register his or her name, to provide other information, to

complete a questionnaire, or otherwise to fulfill any condition precedent to his

or her attendance.

If an attendance list, register, questionnaire, or other similar document is

posted at or near the entrance to the room where the meeting is to be held, or

is circulated to persons present during the meeting, it shall state clearly that

the signing, registering, or completion of the document is voluntary, and that

all persons may attend the meeting regardless of whether a person signs,

registers, or completes the document.

HISTORY:

Added Stats 1967 ch 1656 § 122. Amended Stats 1981 ch 968 § 8.

275

GOVERNMENT CODE

Misc.

CHAPTER 2

STATE DEPARTMENTS

ARTICLE 2

INVESTIGATIONS AND HEARINGS

§ 11181. Acts authorized in connection with investigations and ac-

tions

In connection with any investigation or action authorized by this article, the

department head may do any of the following:

(a) Inspect and copy books, records, and other items described in subdi-

vision (e).

(b) Hear complaints.

(c) Administer oaths.

(d) Certify to all official acts.

(e) Issue subpoenas for the attendance of witnesses and the production of

papers, books, accounts, documents, any writing as defined by Section 250 of

the Evidence Code, tangible things, and testimony pertinent or material to

any inquiry, investigation, hearing, proceeding, or action conducted in any

part of the state.

(f) Promulgate interrogatories pertinent or material to any inquiry, inves-

tigation, hearing, proceeding, or action.

(g) Divulge information or evidence related to the investigation of unlaw-

ful activity discovered from interrogatory answers, papers, books, accounts,

documents, and any other item described in subdivision (e), or testimony, to

the Attorney General or to any prosecuting attorney of this state, any other

state, or the United States who has a responsibility for investigating the

unlawful activity investigated or discovered, or to any governmental agency

responsible for enforcing laws related to the unlawful activity investigated

or discovered, if the Attorney General, prosecuting attorney, or agency to

which the information or evidence is divulged agrees to maintain the

confidentiality of the information received to the extent required by this

article.

(h) Present information or evidence obtained or developed from the

investigation of unlawful activity to a court or at an administrative hearing

in connection with any action or proceeding.

HISTORY:

Added Stats 1945 ch 111 § 3. Amended Stats 1981 ch 778 § 1; Stats 1987 ch 1453 § 8; Stats 2001

ch 74 § 2 (AB 260); Stats 2003 ch 876 § 6 (SB 434).

276

BOARD OF PSYCHOLOGY

Misc.

CHAPTER 3.5

ADMINISTRATIVE REGULATIONS AND

RULEMAKING

HISTORY: Added Stats 1979 ch 567 § 1. Heading amended Stats 1994 ch 1039 § 2.

ARTICLE 5

PUBLIC PARTICIPATION: PROCEDURE FOR

ADOPTION OF REGULATIONS

HISTORY: Heading amended Stats 1994 ch 1039 § 19.

§ 11346.2. Availability to public of copy of proposed regulation; Ini-

tial statement of reasons for proposed action

Every agency subject to this chapter shall prepare, submit to the office with

the notice of the proposed action as described in Section 11346.5, and make

available to the public upon request, all of the following:

(a) A copy of the express terms of the proposed regulation.

(1) The agency shall draft the regulation in plain, straightforward

language, avoiding technical terms as much as possible, and using a

coherent and easily readable style. The agency shall draft the regulation

in plain English.

(2) The agency shall include a notation following the express terms of

each California Code of Regulations section, listing the specific statutes or

other provisions of law authorizing the adoption of the regulation and

listing the specific statutes or other provisions of law being implemented,

interpreted, or made specific by that section in the California Code of

Regulations.

(3) The agency shall use underline or italics to indicate additions to, and

strikeout to indicate deletions from, the California Code of Regulations.

(b) An initial statement of reasons for proposing the adoption, amend-

ment, or repeal of a regulation. This statement of reasons shall include, but

not be limited to, all of the following:

(1) A statement of the specific purpose of each adoption, amendment, or

repeal, the problem the agency intends to address, and the rationale for

the determination by the agency that each adoption, amendment, or

repeal is reasonably necessary to carry out the purpose and address the

problem for which it is proposed. The statement shall enumerate the

benefits anticipated from the regulatory action, including the benefits or

goals provided in the authorizing statute. These benefits may include, to

the extent applicable, nonmonetary benefits such as the protection of

public health and safety, worker safety, or the environment, the prevention

277

GOVERNMENT CODE

Misc.

of discrimination, the promotion of fairness or social equity, and the

increase in openness and transparency in business and government,

among other things. Where the adoption or amendment of a regulation

would mandate the use of specific technologies or equipment, a statement

of the reasons why the agency believes these mandates or prescriptive

standards are required.

(2)(A) For a regulation that is not a major regulation, the economic

impact assessment required by subdivision (b) of Section 11346.3.

(B) For a major regulation proposed on or after November 1, 2013, the

standardized regulatory impact analysis required by subdivision (c) of

Section 11346.3.

(3) An identification of each technical, theoretical, and empirical study,

report, or similar document, if any, upon which the agency relies in

proposing the adoption, amendment, or repeal of a regulation.

(4)(A) A description of reasonable alternatives to the regulation and the

agency's reasons for rejecting those alternatives. Reasonable alterna-

tives to be considered include, but are not limited to, alternatives that

are proposed as less burdensome and equally effective in achieving the

purposes of the regulation in a manner that ensures full compliance

with the authorizing statute or other law being implemented or made

specific by the proposed regulation. In the case of a regulation that

would mandate the use of specific technologies or equipment or pre-

scribe specific actions or procedures, the imposition of performance

standards shall be considered as an alternative.

(B) A description of reasonable alternatives to the regulation that

would lessen any adverse impact on small business and the agency's

reasons for rejecting those alternatives.

(C) Notwithstanding subparagraph (A) or (B), an agency is not

required to artificially construct alternatives or describe unreasonable

alternatives.

(5)(A) Facts, evidence, documents, testimony, or other evidence on

which the agency relies to support an initial determination that the

action will not have a significant adverse economic impact on business.

(B)(i) If a proposed regulation is a building standard, the initial

statement of reasons shall include the estimated cost of compliance,

the estimated potential benefits, and the related assumptions used to

determine the estimates.

(ii) The model codes adopted pursuant to Section 18928 of the

Health and Safety Code shall be exempt from the requirements of this

subparagraph. However, if an interested party has made a request in

writing to the agency, at least 30 days before the submittal of the

initial statement of reasons, to examine a specific section for purposes

of estimating the cost of compliance and the potential benefits for that

section, and including the related assumptions used to determine the

estimates, then the agency shall comply with the requirements of this

subparagraph with regard to that requested section.

278

BOARD OF PSYCHOLOGY

Misc.

(6) A department, board, or commission within the Environmental

Protection Agency, the Natural Resources Agency, or the Office of the State

Fire Marshal shall describe its efforts, in connection with a proposed

rulemaking action, to avoid unnecessary duplication or conflicts with

federal regulations contained in the Code of Federal Regulations address-

ing the same issues. These agencies may adopt regulations different from

federal regulations contained in the Code of Federal Regulations address-

ing the same issues upon a finding of one or more of the following

justifications:

(A) The differing state regulations are authorized by law.

(B) The cost of differing state regulations is justified by the benefit to

human health, public safety, public welfare, or the environment.

(c) Astate agency that adopts or amends a regulation mandated by federal

law or regulations, the provisions of which are identical to a previously

adopted or amended federal regulation, shall be deemed to have complied

with subdivision (b) if a statement to the effect that a federally mandated

regulation or amendment to a regulation is being proposed, together with a

citation to where an explanation of the regulation can be found, is included

in the notice of proposed adoption or amendment prepared pursuant to

Section 11346.5. However, the agency shall comply fully with this chapter

with respect to any provisions in the regulation that the agency proposes to

adopt or amend that are different from the corresponding provisions of the

federal regulation.

(d) This section shall be inoperative from January 1, 2012, until January

1, 2014.

HISTORY:

Added Stats 1994 ch 1039 § 23 (AB 2531). Amended Stats 1995 ch 938 § 15.3 (SB 523), operative

January 1, 1996; Stats 2000 ch 1059 § 9 (AB 505), ch 1060 § 22.5 (AB 1822); Stats 2002 ch 389 § 4

(AB 1857); Stats 2010 ch 398 § 1 (AB 2738), effective September 27, 2010, inoperative January 1, 2012

until January 1, 2014; Stats 2011 ch 496 § 3 (SB 617), effective January 1, 2012; Stats 2012 ch 471

§ 2 (AB 1612), effective January 1, 2013, inoperative January 1, 2012, until January 1, 2014; Stats

2013 ch 212 § 2 (SB 401), effective January 1, 2014, inoperative January 1, 2014; Stats 2014 ch 779

§ 1 (AB 1711), effective January 1, 2015.

§ 11346.3. Assessment of potential for adverse economic impact on

businesses and individuals

(a) A state agency proposing to adopt, amend, or repeal any administrative

regulation shall assess the potential for adverse economic impact on California

business enterprises and individuals, avoiding the imposition of unnecessary

or unreasonable regulations or reporting, recordkeeping, or compliance re-

quirements. For purposes of this subdivision, assessing the potential for

adverse economic impact shall require agencies, when proposing to adopt,

amend, or repeal a regulation, to adhere to the following requirements, to the

extent that these requirements do not conflict with other state or federal laws:

(1) The proposed adoption, amendment, or repeal of a regulation shall be

279

GOVERNMENT CODE

Misc.

based on adequate information concerning the need for, and consequences of,

proposed governmental action.

(2) The state agency, prior to submitting a proposal to adopt, amend, or

repeal a regulation to the office, shall consider the proposal's impact on

business, with consideration of industries affected including the ability of

California businesses to compete with businesses in other states. For

purposes of evaluating the impact on the ability of California businesses to

compete with businesses in other states, an agency shall consider, but not be

limited to, information supplied by interested parties.

(3) An economic impact assessment prepared pursuant to this subdivision

for a proposed regulation that is not a major regulation or that is a major

regulation proposed prior to November 1, 2013, shall be prepared in

accordance with subdivision (b), and shall be included in the initial state-

ment of reasons as required by Section 11346.2. An economic assessment

prepared pursuant to this subdivision for a major regulation proposed on or

after November 1, 2013, shall be prepared in accordance with subdivision (c),

and shall be included in the initial statement of reasons as required by

Section 11346.2.

(b)(1) A state agency proposing to adopt, amend, or repeal a regulation that

is not a major regulation or that is a major regulation proposed prior to

November 1, 2013, shall prepare an economic impact assessment that

assesses whether and to what extent it will affect the following:

(A) The creation or elimination of jobs within the state.

(B) The creation of new businesses or the elimination of existing

businesses within the state.

(C) The expansion of businesses currently doing business within the

state.

(D) The benefits of the regulation to the health and welfare of California

residents, worker safety, and the state's environment.

(2) This subdivision does not apply to the University of California, the

Hastings College of the Law, or the Fair Political Practices Commission.

(3) Information required from a state agency for the purpose of completing

the assessment may come from existing state publications.

(4)(A) For purposes of conducting the economic impact assessment pur-

suant to this subdivision, a state agency may use the consolidated

definition of small business in subparagraph (B) in order to determine the

number of small businesses within the economy, a specific industry sector,

or geographic region. The state agency shall clearly identify the use of the

consolidated small business definition in its rulemaking package.

(B) For the exclusive purpose of undertaking the economic impact

assessment, a "small business" means a business that is all of the

following:

(i) Independently owned and operated.

(ii) Not dominant in its field of operation.

(iii) Has fewer than 100 employees.

280

BOARD OF PSYCHOLOGY

Misc.

(C) Subparagraph (A) shall not apply to a regulation adopted by the

Department of Insurance that applies to an insurance company.

(c)(1) Each state agency proposing to adopt, amend, or repeal a major

regulation on or after November 1, 2013, shall prepare a standardized

regulatory impact analysis in the manner prescribed by the Department of

Finance pursuant to Section 11346.36. The standardized regulatory impact

analysis shall address all of the following:

(A) The creation or elimination of jobs within the state.

(B) The creation of new businesses or the elimination of existing

businesses within the state.

(C) The competitive advantages or disadvantages for businesses cur-

rently doing business within the state.

(D) The increase or decrease of investment in the state.

(E) The incentives for innovation in products, materials, or processes.

(F) The benefits of the regulations, including, but not limited to,

benefits to the health, safety, and welfare of California residents, worker

safety, and the state's environment and quality of life, among any other

benefits identified by the agency.

(2) This subdivision shall not apply to the University of California, the

Hastings College of the Law, or the Fair Political Practices Commission.

(3) Information required from state agencies for the purpose of completing

the analysis may be derived from existing state, federal, or academic

publications.

(d) Any administrative regulation adopted on or after January 1, 1993, that

requires a report shall not apply to businesses, unless the state agency

adopting the regulation makes a finding that it is necessary for the health,

safety, or welfare of the people of the state that the regulation apply to

businesses.

(e) Analyses conducted pursuant to this section are