reglab/statecodes huggingface dataset:
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 13.5 - Licensed Educational Psychologists › ARTICLE 3 - Renewal and Continuing Education › Section 4989.40.

4989.40. A revoked license is subject to expiration as provided in this article and shall not be renewed. The applicant may apply to the board for reinstatement of their license. If it is reinstated after its expiration, the licensee shall, as a condition precedent to its reinstatement, pay a reinstatement fee in an amount equal to the renewal fee in effect on the last regular renewal date before the date on which it is reinstated, plus the delinquency fee, if any, accrued at the time of its revocation.
(Amended by Stats. 2021, Ch. 647, Sec. 40. (SB 801) Effective January 1, 2022.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 13.5 - Licensed Educational Psychologists › ARTICLE 3 - Renewal and Continuing Education › Section 4989.42.

4989.42. A license that is not renewed within three years after its expiration may not be renewed, restored, reinstated, or reissued thereafter. A former licensee may apply for a new license if he or she satisfies all of the following requirements:
(a) No fact, circumstance, or condition exists that, if the license were issued, would constitute grounds for its revocation or suspension.
(b) Payment of the fees that would be required if he or she were applying for a license for the first time.
(c) Passage of the current licensure examination.
(d) He or she complies with the fingerprint requirements established by board regulation.
(Amended by Stats. 2012, Ch. 799, Sec. 46. (SB 1575) Effective January 1, 2013.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 13.5 - Licensed Educational Psychologists › ARTICLE 3 - Renewal and Continuing Education › Section 4989.44.

4989.44. (a) A licensee may apply to the board to request that his or her license be placed on inactive status.
(b) A licensee on inactive status shall be subject to this chapter and shall not engage in the practice of educational psychology in this state.
(c) A licensee who holds an inactive license shall pay a biennial fee of one-half of the amount of the standard renewal fee.
(d) A licensee on inactive status who has not committed an act or crime constituting grounds for denial of licensure may, upon request, restore his or her license to practice educational psychology to active status. A licensee requesting that his or her license be placed on active status between renewal cycles shall pay the remaining one-half of his or her renewal fee. A licensee requesting to restore his or her license to active status, whose license will expire less than one year from the date of the request, shall complete 18 hours of continuing education as specified in Section 4989.34. A licensee requesting to restore his or her license to active status, whose license will expire more than one year from the date of the request, shall complete 36 hours of continuing education as specified in Section 4989.34.
(Amended by Stats. 2007, Ch. 586, Sec. 7. Effective January 1, 2008.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 13.5 - Licensed Educational Psychologists › ARTICLE 3 - Renewal and Continuing Education › Section 4989.45.

4989.45. (a) The board shall issue, upon application and payment of the fee fixed by this chapter, a retired license to a licensed educational psychologist who holds a license that is current and active or a license that is inactive, and whose license is not suspended, revoked, or otherwise punitively restricted by the board or subject to disciplinary action 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 educational psychologist license is required.
(c) The holder of a retired license shall not be required to renew that license.
(d) The holder of a retired license may apply to restore to active status his or her license to practice educational psychology if that retired license was issued less than three years prior to the application date, and the applicant meets all of the following requirements:
(1) Has not committed an act or crime constituting grounds for denial of licensure.
(2) Pays the renewal fee fixed by this chapter.
(3) Completes the required continuing education as specified in Section 4989.34.
(4) Complies with the fingerprint submission requirements established by the board in regulation.
(e) An applicant requesting to restore his or her license pursuant to subdivision (d), whose license was issued in accordance with this section less than one year from the date of the application, shall complete 18 hours of continuing education as specified in Section 4989.34.
(f) An applicant requesting to restore his or her license pursuant to subdivision (d), whose license was issued in accordance with this section one or more years from the date of application, shall complete 36 hours of continuing education as specified in Section 4989.34.
(g) The holder of a retired license may apply to restore to active status his or her license to practice educational psychology if that retired license was issued three or more years prior to the application date, and the applicant meets all of the following requirements:
(1) Has not committed an act or crime constituting grounds for denial of licensure.
(2) Applies for licensure and pays the required fee.
(3) Passes the examinations required for licensure.
(4) Complies with the fingerprint submission requirements established by the board in regulation.
(Amended by Stats. 2013, Ch. 339, Sec. 2. (AB 404) Effective January 1, 2014.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 13.5 - Licensed Educational Psychologists › ARTICLE 4 - Regulation › Section 4989.46.

4989.46. A licensee shall give written notice to the board of a name change, providing both the old and new names. The written notice shall be submitted to the board within 30 days of the issuance of a new government-issued photographic identification. The licensee shall certify the information is correct by signing a statement under penalty of perjury. A copy of both of the following documents evidencing the change shall be submitted with the notice:
(a) A current government-issued photographic identification.
(b) The legal document authorizing the name change, such as a court order or a marriage certificate.
(Amended by Stats. 2017, Ch. 573, Sec. 10. (SB 800) Effective January 1, 2018.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 13.5 - Licensed Educational Psychologists › ARTICLE 4 - Regulation › Section 4989.47.

4989.47. Any licensed educational psychologist who conducts a private practice under a fictitious business name shall not use any name that is false, misleading, or deceptive, and shall inform the patient, prior to the commencement of treatment, of the name and license designation of the owner or owners of the practice.
(Added by Stats. 2021, Ch. 647, Sec. 41. (SB 801) Effective January 1, 2022.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 13.5 - Licensed Educational Psychologists › ARTICLE 4 - Regulation › Section 4989.48.

4989.48. A licensee shall display his or her license in a conspicuous place in the licensee’s primary place of practice.
(Added by Stats. 2006, Ch. 659, Sec. 20. Effective January 1, 2007.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 13.5 - Licensed Educational Psychologists › ARTICLE 4 - Regulation › Section 4989.49.

4989.49. “Advertising,” as used in this chapter, includes, but is not limited to, any public communication as defined in subdivision (a) of Section 651, the issuance of any card, sign, or device to any person, or the causing, permitting, or allowing of any sign or marking on, or in, any building or structure, or in any newspaper, magazine, or directory, or any printed matter whatsoever, with or without any limiting qualification. Signs within religious buildings or notices in bulletins from a religious organization mailed to a congregation shall not be construed as advertising within the meaning of this chapter.
(Added by Stats. 2009, Ch. 307, Sec. 54. (SB 821) Effective January 1, 2010.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 13.5 - Licensed Educational Psychologists › ARTICLE 4 - Regulation › Section 4989.50.

4989.50. Except as authorized by this chapter, it is unlawful for any person to practice educational psychology or use any title or letters that imply that he or she is a licensed educational psychologist unless, at the time of so doing, he or she holds a valid, unexpired, and unrevoked license issued under this chapter.
(Added by Stats. 2006, Ch. 659, Sec. 20. Effective January 1, 2007.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 13.5 - Licensed Educational Psychologists › ARTICLE 4 - Regulation › Section 4989.51.

4989.51. (a) A licensed educational psychologist shall retain a client’s health service records for a minimum of seven years from the date therapy is terminated. If the client is a minor, the client’s health service records shall be retained for a minimum of seven years from the date the client reaches 18 years of age. Health service records may be retained in either a written or an electronic format.
(b) This section shall apply only to the records of a client whose therapy is terminated on or after January 1, 2015.
(Added by Stats. 2014, Ch. 312, Sec. 2. (SB 578) Effective January 1, 2015.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 13.5 - Licensed Educational Psychologists › ARTICLE 4 - Regulation › Section 4989.52.

4989.52. All consideration, compensation, or remuneration received by the licensee shall be in relation to professional counseling services actually provided by the licensee. Nothing in this section shall prevent collaboration among two or more licensees in a case. However, no fee shall be charged for that collaboration, except when disclosure of the fee has been made to the client.
(Added by Stats. 2006, Ch. 659, Sec. 20. Effective January 1, 2007.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 13.5 - Licensed Educational Psychologists › ARTICLE 5 - Enforcement › Section 4989.56.

4989.56. The board shall revoke the license of a licensee, other than one who is also licensed as a physician and surgeon, who uses or offers to use drugs in the course of his or her practice as an educational psychologist.
(Added by Stats. 2006, Ch. 659, Sec. 20. Effective January 1, 2007.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 13.5 - Licensed Educational Psychologists › ARTICLE 5 - Enforcement › Section 4989.58.

4989.58. The board shall revoke the license of a licensee upon a decision that contains a finding of fact that the licensee engaged in an act of sexual contact, as defined in Section 729, when that act is with a client, or with a former client and the relationship was terminated primarily for the purpose of engaging in that act. The revocation shall not be stayed by the administrative law judge or the board.
(Added by Stats. 2006, Ch. 659, Sec. 20. Effective January 1, 2007.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 13.5 - Licensed Educational Psychologists › ARTICLE 5 - Enforcement › Section 4989.60.

4989.60. A person whose license has been suspended or revoked shall not, until the reinstatement of his or her license, engage in any activity to which the license relates or any other activity or conduct in violation of the order or judgment by which the license was suspended.
(Added by Stats. 2006, Ch. 659, Sec. 20. Effective January 1, 2007.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 13.5 - Licensed Educational Psychologists › ARTICLE 5 - Enforcement › Section 4989.62.

4989.62. All proceedings by the board to suspend, revoke, or to take other disciplinary action against a licensee shall be conducted pursuant to Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code.
(Added by Stats. 2006, Ch. 659, Sec. 20. Effective January 1, 2007.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 13.5 - Licensed Educational Psychologists › ARTICLE 5 - Enforcement › Section 4989.64.

4989.64. In addition to other proceedings provided for in this chapter, whenever a person has engaged, or is about to engage, in an act or practice that constitutes, or will constitute, an offense against this chapter, the superior court in and for the county where the act or practice takes place, or is about to take place, may issue an injunction, or other appropriate order, restraining that conduct on application of the board, the Attorney General, or the district attorney of the county. The proceedings under this section shall be governed by Chapter 3 (commencing with Section 525) of Title 7 of Part 2 of the Code of Civil Procedure.
(Added by Stats. 2006, Ch. 659, Sec. 20. Effective January 1, 2007.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 13.5 - Licensed Educational Psychologists › ARTICLE 5 - Enforcement › Section 4989.66.

4989.66. A person who violates any of the provisions of this chapter is guilty of a misdemeanor.
(Added by Stats. 2006, Ch. 659, Sec. 20. Effective January 1, 2007.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 13.5 - Licensed Educational Psychologists › ARTICLE 6 - Revenue › Section 4989.68.

4989.68. (a) The board shall assess the following fees relating to the licensure of educational psychologists:
(1) The application fee for licensure shall be two hundred fifty dollars ($250). The board may adopt regulations to set the fee at a higher amount, up to a maximum of five hundred dollars ($500).
(2) The fee for issuance of the initial license shall be two hundred dollars ($200). The board may adopt regulations to set the fee at a higher amount, up to a maximum of four hundred dollars ($400).
(3) The fee for the two-year license renewal shall be two hundred dollars ($200). The board may adopt regulations to set the fee at a higher amount, up to a maximum of four hundred dollars ($400).
(4) The delinquency fee shall be one-half of the fee for license renewal. A person who permits their license to expire shall be subject to the delinquency fee.
(5) The written examination fee shall be two hundred fifty dollars ($250). The board may adopt regulations to set the fee at a higher amount, up to a maximum of five hundred dollars ($500). An applicant who fails to appear for an examination, once having been scheduled, shall forfeit any examination fees they paid.
(6) The fee for rescoring a written examination shall be twenty dollars ($20).
(7) The fee for issuance of a replacement registration, license, or certificate shall be twenty dollars ($20).
(8) The fee for issuance of a certificate or letter of good standing shall be twenty-five dollars ($25).
(9) The fee for issuance of a retired license shall be forty dollars ($40).
(b) This section shall become operative on January 1, 2021.
(Amended by Stats. 2021, Ch. 647, Sec. 43. (SB 801) Effective January 1, 2022.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 13.5 - Licensed Educational Psychologists › ARTICLE 6 - Revenue › Section 4989.70.

4989.70. The board shall report each month to the Controller the amount and source of all revenue received pursuant to this chapter and at the same time pay the entire amount thereof into the State Treasury for credit to the Behavioral Sciences Fund.
(Amended by Stats. 2007, Ch. 130, Sec. 16. Effective January 1, 2008.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 13.7 - Board of Behavioral Sciences › ARTICLE 1 - Administration › Section 4990.

4990. (a) There is in the Department of Consumer Affairs, a Board of Behavioral Sciences that consists of the following members:
(1) Two state licensed clinical social workers.
(2) One state licensed educational psychologist.
(3) Two state licensed marriage and family therapists.
(4) One state licensed professional clinical counselor.
(5) Seven public members.
(b) Each member, except the seven public members, shall have at least two years of experience in their profession.
(c) Each member shall reside in the State of California.
(d) The Governor shall appoint five of the public members and the six licensed members with the advice and consent of the Senate. The Senate Committee on Rules and the Speaker of the Assembly shall each appoint a public member.
(e) Each member of the board shall be appointed for a term of four years. A member appointed by the Senate Committee on Rules or the Speaker of the Assembly shall hold office until the appointment and qualification of their successor or until one year from the expiration date of the term for which they were appointed, whichever first occurs. Pursuant to Section 1774 of the Government Code, a member appointed by the Governor shall hold office until the appointment and qualification of their successor or until 60 days from the expiration date of the term for which they were appointed, whichever first occurs.
(f) A vacancy on the board shall be filled by appointment for the unexpired term by the authority who appointed the member whose membership was vacated.
(g) Not later than the first of June of each calendar year, the board shall elect a chairperson and a vice chairperson from its membership.
(h) Each member of the board shall receive a per diem and reimbursement of expenses as provided in Section 103.
(i) This section shall remain in effect only until January 1, 2026, and as of that date is repealed.
(j) Notwithstanding any other provision of law, the repeal of this section renders the board subject to review by the appropriate policy committees of the Legislature.
(Amended by Stats. 2021, Ch. 647, Sec. 44. (SB 801) Effective January 1, 2022. Repealed as of January 1, 2026, by its own provisions.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 13.7 - Board of Behavioral Sciences › ARTICLE 1 - Administration › Section 4990.02.

4990.02. “Board,” as used in this chapter, Chapter 13 (commencing with Section 4980), Chapter 13.5 (commencing with Section 4989.10), Chapter 14 (commencing with Section 4991), and Chapter 16 (commencing with Section 4999.10) means the Board of Behavioral Sciences.
(Amended by Stats. 2010, Ch. 653, Sec. 45. (SB 1489) Effective January 1, 2011.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 13.7 - Board of Behavioral Sciences › ARTICLE 1 - Administration › Section 4990.04.

4990.04. (a) The board shall appoint an executive officer. This position is designated as a confidential position and is exempt from civil service under subdivision (e) of Section 4 of Article VII of the California Constitution.
(b) The executive officer serves at the pleasure of the board.
(c) The executive officer shall exercise the powers and perform the duties delegated by the board and vested in them by this chapter.
(d) With the approval of the director, the board shall fix the salary of the executive officer.
(e) The chairperson and executive officer may call meetings of the board and any duly appointed committee at a specified time and place. For purposes of this section, “call meetings” means setting the agenda, time, date, or place for any meeting of the board or any committee.
(f) This section shall remain in effect only until January 1, 2026, and as of that date is repealed.
(Amended by Stats. 2021, Ch. 647, Sec. 45. (SB 801) Effective January 1, 2022. Repealed as of January 1, 2026, by its own provisions.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 13.7 - Board of Behavioral Sciences › ARTICLE 1 - Administration › Section 4990.06.

4990.06. Subject to the State Civil Service Act (Part 2 (commencing with Section 18500) of Division 5 of Title 2 of the Government Code) and except as provided by Sections 155, 156, and 159.5, the board may employ any clerical, technical, and other personnel as it deems necessary to carry out the provisions of this chapter and the other chapters it administers and enforces, within budget limitations.
(Added by Stats. 2006, Ch. 659, Sec. 21. Effective January 1, 2007.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 13.7 - Board of Behavioral Sciences › ARTICLE 1 - Administration › Section 4990.07.

4990.07. (a) An applicant, registrant, or licensee who has an electronic mail address shall provide the board with that electronic mail address no later than July 1, 2022. The electronic mail address shall be considered confidential and not subject to public disclosure.
(b) An applicant, registrant, and licensee shall provide to the board any and all changes to their electronic mail address no later than 30 calendar days after the changes have occurred.
(c) The board shall, with each renewal application, remind licensees and registrants of their obligation to report and keep current their electronic mail address with the board.
(Added by Stats. 2021, Ch. 647, Sec. 46. (SB 801) Effective January 1, 2022.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 13.7 - Board of Behavioral Sciences › ARTICLE 1 - Administration › Section 4990.08.

4990.08. The board shall keep an accurate record of all of its proceedings and a record of all applicants for licensure and all individuals to whom it has issued a license.
(Added by Stats. 2006, Ch. 659, Sec. 21. Effective January 1, 2007.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 13.7 - Board of Behavioral Sciences › ARTICLE 1 - Administration › Section 4990.09.

4990.09. The board shall not publish on the Internet the final determination of a citation and fine of one thousand five hundred dollars ($1,500) or less issued against a licensee or registrant pursuant to Section 125.9 for a period of time in excess of five years from the date of issuance of the citation.
(Added by Stats. 2009, Ch. 308, Sec. 65. (SB 819) Effective January 1, 2010.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 13.7 - Board of Behavioral Sciences › ARTICLE 1 - Administration › Section 4990.10.

4990.10. The board may conduct research in, and make studies of problems involved in, the maintaining of professional standards among those engaged in the professions it licenses and may publish its recommendations thereon.
(Added by Stats. 2006, Ch. 659, Sec. 21. Effective January 1, 2007.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 13.7 - Board of Behavioral Sciences › ARTICLE 1 - Administration › Section 4990.12.

4990.12. The duty of administering and enforcing this chapter, Chapter 13 (commencing with Section 4980), Chapter 13.5 (commencing with Section 4989.10), Chapter 14 (commencing with Section 4991), and Chapter 16 (commencing with Section 4999.10) is vested in the board and the executive officer subject to, and under the direction of, the board. In the performance of this duty, the board and the executive officer have all the powers and are subject to all the responsibilities vested in, and imposed upon, the head of a department by Chapter 2 (commencing with Section 11150) of Part 1 of Division 3 of Title 2 of the Government Code.
(Amended by Stats. 2010, Ch. 653, Sec. 46. (SB 1489) Effective January 1, 2011.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 13.7 - Board of Behavioral Sciences › ARTICLE 1 - Administration › Section 4990.13.

4990.13. For purposes of license and registration verification, a person may rely upon the licensing and registration information as it is displayed on the board’s internet website that includes the issuance and expiration dates of any license or registration issued by the board.
(Added by Stats. 2023, Ch. 510, Sec. 60. (SB 887) Effective January 1, 2024.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 13.7 - Board of Behavioral Sciences › ARTICLE 1 - Administration › Section 4990.14.

4990.14. The board shall have and use a seal bearing the words “The Board of Behavioral Sciences,” and shall otherwise conform to Section 107.5.
(Added by Stats. 2006, Ch. 659, Sec. 21. Effective January 1, 2007.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 13.7 - Board of Behavioral Sciences › ARTICLE 1 - Administration › Section 4990.16.

4990.16. Protection of the public shall be the highest priority for the board 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.
(Added by Stats. 2006, Ch. 659, Sec. 21. Effective January 1, 2007.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 13.7 - Board of Behavioral Sciences › ARTICLE 1 - Administration › Section 4990.18.

4990.18. It is the intent of the Legislature that the board employ its resources for each and all of the following functions:
(a) The licensure of marriage and family therapists, clinical social workers, professional clinical counselors, and educational psychologists.
(b) The development and administration of licensure examinations and examination procedures consistent with prevailing standards for the validation and use of licensing and certification tests. Examinations shall measure knowledge and abilities demonstrably important to the safe, effective practice of the profession.
(c) Enforcement of laws designed to protect the public from incompetent, unethical, or unprofessional practitioners.
(d) Consumer education.
(Amended by Stats. 2010, Ch. 653, Sec. 47. (SB 1489) Effective January 1, 2011.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 13.7 - Board of Behavioral Sciences › ARTICLE 1 - Administration › Section 4990.20.

4990.20. (a) The board may adopt rules and regulations as necessary to administer and enforce the provisions of this chapter and the other chapters it administers and enforces. The adoption, amendment, or repeal of those rules and regulations shall be made in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.
(b) The board may formulate and enforce rules and regulations requiring the following:
(1) That the articles of incorporation or bylaws of a marriage and family therapist corporation, a licensed clinical social worker corporation, or a professional clinical counselor corporation include a provision whereby the capital stock of that corporation owned by a disqualified person, as defined in the Moscone-Knox Professional Corporation Act (Part 4 (commencing with Section 13400) of Division 3 of Title 1 of the Corporations Code), or a deceased person shall be sold to the corporation or to the remaining shareholders of that corporation within the time that the rules and regulations may provide.
(2) That a marriage and family therapist corporation, a licensed clinical social worker corporation, or a professional clinical counselor corporation shall provide adequate security by insurance or otherwise for claims against it by its patients arising out of the rendering of professional services.
(Amended by Stats. 2011, Ch. 381, Sec. 11. (SB 146) Effective January 1, 2012.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 13.7 - Board of Behavioral Sciences › ARTICLE 1 - Administration › Section 4990.22.

4990.22. (a) The Behavioral Sciences Fund shall be used for the purposes of carrying out and enforcing the provisions of this chapter and the chapters listed in Section 4990.12. All moneys in the fund shall be expended, upon appropriation of the Legislature, by the board for the purposes of the programs under its jurisdiction.
(b) The board shall keep records that reasonably ensure that funds expended in the administration of each licensure or registration category shall bear a reasonable relation to the revenue derived from each category and report to the department no later than May 31 of each year on those expenditures.
(c) Surpluses, if any, may be used by the board in a manner that bears a reasonable relation to the revenue derived from each licensure or registration category and may include, but not be limited to, expenditures for education and research related to each of the licensing or registration categories.
(Amended by Stats. 2016, Ch. 458, Sec. 3. (AB 2191) Effective January 1, 2017.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 13.7 - Board of Behavioral Sciences › ARTICLE 1 - Administration › Section 4990.24.

4990.24. The powers and duties of the board, as set forth in this chapter, shall be subject to the review required by Division 1.2 (commencing with Section 473).
(Added by Stats. 2006, Ch. 659, Sec. 21. Effective January 1, 2007.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 13.7 - Board of Behavioral Sciences › ARTICLE 1 - Administration › Section 4990.26.

4990.26. Wherever “Board of Behavioral Science Examiners,” “Board of Social Work Examiners of the State of California,” or “Social Worker and Marriage Counselor Qualifications Board of the State of California” is used in any law or regulations of this state, it shall mean the Board of Behavioral Sciences.
(Added by Stats. 2006, Ch. 659, Sec. 21. Effective January 1, 2007.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 13.7 - Board of Behavioral Sciences › ARTICLE 2 - Disciplinary Actions › Section 4990.28.

4990.28. The board may refuse to issue a registration or license under the chapters it administers and enforces whenever it appears that the 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 denial of a license or registration pursuant to this section.
(Added by Stats. 2006, Ch. 659, Sec. 21. Effective January 1, 2007.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 13.7 - Board of Behavioral Sciences › ARTICLE 2 - Disciplinary Actions › Section 4990.31.

4990.31. The board may deny without a hearing a request to petition for termination of probation or modification of penalty for any of the following reasons:
(a) The petitioner has failed to comply with the terms and conditions of the disciplinary order.
(b) The board is conducting an investigation of the petitioner while he or she is on probation.
(c) The petitioner has a subsequent arrest that is substantially related to the qualifications, functions, or duties of the licensee or registrant and this arrest occurred while on probation.
(d) The petitioner’s probation with the board is currently tolled.
(Added by Stats. 2015, Ch. 261, Sec. 1. (SB 531) Effective January 1, 2016.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 13.7 - Board of Behavioral Sciences › ARTICLE 2 - Disciplinary Actions › Section 4990.33.

4990.33. Notwithstanding any other law, except as provided in Section 4990.32, the expiration, cancellation, forfeiture, or suspension of a license, registration, or other authority to practice by operation of law or by order or decision of the board or a court of law, the placement of a license on a retired status, or the voluntary surrender of a license or registration by a licensee or registrant, of any license or registration within the authority of the board, shall not deprive the board of jurisdiction to commence or proceed with any investigation of, or action or disciplinary proceeding against, the licensee or registrant or to render a decision suspending or revoking the license or registration.
(Added by Stats. 2015, Ch. 261, Sec. 2. (SB 531) Effective January 1, 2016.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 13.7 - Board of Behavioral Sciences › ARTICLE 2 - Disciplinary Actions › Section 4990.34.

4990.34. (a) The board may place a license or registration issued under the chapters it administers and enforces on probation under the following circumstances:
(1) In lieu of, or in addition to, any order of the board suspending or revoking the license or registration.
(2) Upon the issuance of a license or registration to an individual who has been guilty of unprofessional conduct but who otherwise completed all education, training, and experience required for licensure or registration.
(3) As a condition upon the reissuance or reinstatement of a license or registration that has been suspended or revoked by the board.
(b) The board may adopt regulations establishing a monitoring program to ensure compliance with any terms or conditions of probation imposed by the board pursuant to subdivision (a). The cost of probation or monitoring may be ordered to be paid by the licensee or registrant.
(Added by Stats. 2006, Ch. 659, Sec. 21. Effective January 1, 2007.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 13.7 - Board of Behavioral Sciences › ARTICLE 2 - Disciplinary Actions › Section 4990.36.

4990.36. The board, in its discretion, may require a licensee or registrant whose license or registration has been placed on probation or whose license or registration has been suspended, to obtain additional professional training and to pass an examination upon completion of that training and to pay any necessary examination fee. The examination may be written, oral, or a practical or clinical examination.
(Added by Stats. 2006, Ch. 659, Sec. 21. Effective January 1, 2007.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 13.7 - Board of Behavioral Sciences › ARTICLE 2 - Disciplinary Actions › Section 4990.38.

4990.38. The board may deny an application or may suspend or revoke a license or registration issued under the chapters it administers and enforces for any disciplinary action imposed by this state or another state or territory or possession of the United States, or by a governmental agency on a license, certificate or registration to practice marriage and family therapy, clinical social work, educational psychology, professional clinical counseling, or any other healing art. The disciplinary action, which may include denial of licensure or revocation or suspension of the license or imposition of restrictions on it, constitutes unprofessional conduct. A certified copy of the disciplinary action decision or judgment shall be conclusive evidence of that action.
(Amended by Stats. 2011, Ch. 350, Sec. 33. (SB 943) Effective January 1, 2012.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 13.7 - Board of Behavioral Sciences › ARTICLE 2 - Disciplinary Actions › Section 4990.40.

4990.40. The board shall revoke a license or registration issued under the chapters it administers and enforces upon a decision made 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 a finding of fact that the licensee or registrant engaged in an act of sexual contact, as defined in Section 729, when that act is with a patient or with a former patient when the relationship was terminated primarily for the purpose of engaging in that act. The revocation shall not be stayed by the administrative law judge or the board.
(Added by Stats. 2006, Ch. 659, Sec. 21. Effective January 1, 2007.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 13.7 - Board of Behavioral Sciences › ARTICLE 2 - Disciplinary Actions › Section 4990.42.

4990.42. The proceedings under this article 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.
(Added by Stats. 2006, Ch. 659, Sec. 21. Effective January 1, 2007.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 14 - Social Workers › ARTICLE 1 - General Provisions › Section 4991.

4991. This chapter shall be known, and may be cited, as the Clinical Social Worker Practice Act. It shall be liberally construed to effect its objectives.
(Added by Stats. 2006, Ch. 659, Sec. 23. Effective January 1, 2007.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 14 - Social Workers › ARTICLE 1 - General Provisions › Section 4991.1.

4991.1. A person engages in the practice of clinical social work when he or she performs or offers to perform or holds himself or herself out as able to perform this service for remuneration in any form, including donations.
(Added by Stats. 2011, Ch. 148, Sec. 3. (SB 274) Effective August 1, 2011.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 14 - Social Workers › ARTICLE 1 - General Provisions › Section 4991.2.

4991.2. For purposes of this chapter:
(a) “Accredited school of social work” means a school that is accredited by the Commission on Accreditation of the Council on Social Work Education.
(b) “Board” means the Board of Behavioral Sciences.
(Amended by Stats. 2023, Ch. 640, Sec. 5. (AB 232) Effective January 1, 2024.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 14 - Social Workers › ARTICLE 2 - Application of Chapter › Section 4992.

4992. (a) Every applicant for a license under this chapter shall file an application with the board accompanied by the application fee prescribed by this chapter. Every application shall also be accompanied by the applicable examination fee prescribed by this chapter.
(b) The application shall contain information showing that the applicant has all the qualifications required by the board for admission to an examination.
(Amended by Stats. 2018, Ch. 703, Sec. 36. (SB 1491) Effective January 1, 2019.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 14 - Social Workers › ARTICLE 2 - Application of Chapter › Section 4992.05.

4992.05. (a) A registrant or an applicant for licensure as a clinical social worker shall pass the following two examinations as prescribed by the board:
(1) A California law and ethics examination.
(2) A clinical examination.
(b) Upon registration with the board, an associate clinical social worker registrant, within the first year of registration, shall take an examination on California law and ethics.
(c) A registrant or an applicant for licensure may take the clinical examination only upon meeting all of the following requirements:
(1) Completion of all education requirements.
(2) Passage of the California law and ethics examination.
(3) Completion of all required supervised work experience.
(Amended by Stats. 2018, Ch. 743, Sec. 24. (AB 93) Effective January 1, 2019.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 14 - Social Workers › ARTICLE 2 - Application of Chapter › Section 4992.07.

4992.07. (a) An applicant who had previously taken and passed the standard written examination but had not passed the clinical vignette examination shall also obtain a passing score on the clinical examination in order to be eligible for licensure.
(b) An applicant who had previously failed to obtain a passing score on the standard written examination shall obtain a passing score on the California law and ethics examination and the clinical examination.
(c) An applicant who had obtained eligibility for the standard written examination shall take the California law and ethics examination and the clinical examination.
(d) This section shall become operative on January 1, 2016.
(Amended by Stats. 2013, Ch. 473, Sec. 38. (SB 821) Effective January 1, 2014. Section initially operative January 1, 2016, by its own provisions.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 14 - Social Workers › ARTICLE 2 - Application of Chapter › Section 4992.09.

4992.09. (a) Except as provided in subdivision (a) of Section 4992.07, an applicant and registrant shall obtain a passing score on a board-administered California law and ethics examination in order to qualify for licensure.
(b) A registrant shall participate in a board-administered California law and ethics examination before their registration renewal.
(c) If an applicant fails the California law and ethics examination, they may retake the examination, upon payment of the required fees, without further application.
(d) The board shall not issue a subsequent registration number unless the applicant has passed the California law and ethics examination.
(e) A registrant shall complete a minimum of three hours of continuing education in the subject of California law and ethics during each renewal period to be eligible to renew their registration, regardless of whether they have passed the California law and ethics examination. The coursework shall be obtained from a board-accepted provider of continuing education, as specified in Section 4996.22.
(Amended by Stats. 2022, Ch. 520, Sec. 7. (AB 1759) Effective January 1, 2023.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 14 - Social Workers › ARTICLE 2 - Application of Chapter › Section 4992.1.

4992.1. (a) Only individuals who have the qualifications prescribed by the board under this chapter are eligible to take an examination under this chapter.
(b) Every applicant who is issued a clinical social worker license shall be examined by the board.
(c) Notwithstanding any other provision of law, the board may destroy all examination materials two years following the date of an examination.
(d) The board shall not deny any applicant, whose application for licensure is complete, admission to the clinical examination, nor shall the board postpone or delay any applicant’s clinical examination, solely upon the receipt by the board of a complaint alleging acts or conduct that would constitute grounds to deny licensure.
(e) If an applicant for examination who has passed the California law and ethics examination is the subject of a complaint or is under board investigation for acts or conduct that, if proven to be true, would constitute grounds for the board to deny licensure, the board shall permit the applicant to take the clinical examination for licensure, but may notify the applicant that licensure will not be granted pending completion of the investigation.
(f) Notwithstanding Section 135, the board may deny any applicant who has previously failed either the California law and ethics examination or the clinical examination permission to retake either examination pending completion of the investigation of any complaint against the applicant. Nothing in this section shall prohibit the board from denying an applicant admission to any examination, or refusing to issue a license to any applicant when an accusation or statement of issues has been filed against the applicant pursuant to Section 11503 or 11504 of the Government Code, or the applicant has been denied in accordance with subdivision (b) of Section 485.
(g) An applicant shall not be eligible to participate in the clinical examination if the applicant fails to obtain a passing score on the clinical examination within seven years from their initial attempt, unless the applicant takes and obtains a passing score on the current version of the California law and ethics examination.
(h) A passing score on the clinical examination shall be accepted by the board for a period of seven years from the date the examination was taken.
(Amended by Stats. 2019, Ch. 456, Sec. 71. (SB 786) Effective January 1, 2020.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 14 - Social Workers › ARTICLE 2 - Application of Chapter › Section 4992.2.

4992.2. “Advertising,” as used in this chapter, includes, but is not limited to, any public communication as defined in subdivision (a) of Section 651, the issuance of any card, sign, or device to any person, or the causing, permitting, or allowing of any sign or marking on, or in, any building or structure, or in any newspaper, magazine, or directory, or any printed matter whatsoever, with or without any limiting qualification. Signs within religious buildings or notices in bulletins from a religious organization mailed to a congregation shall not be construed as advertising within the meaning of this chapter.
(Added by Stats. 2009, Ch. 307, Sec. 57. (SB 821) Effective January 1, 2010.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 14 - Social Workers › ARTICLE 2 - Application of Chapter › Section 4992.33.

4992.33. The board shall revoke any license issued under this chapter upon a decision made 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 729, when that act is with a patient, or with a former patient when the relationship was terminated primarily for the purpose of engaging in that act. The revocation shall not be stayed by the administrative law judge or the board.
(Amended by Stats. 2005, Ch. 658, Sec. 25. Effective January 1, 2006.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 14 - Social Workers › ARTICLE 2 - Application of Chapter › Section 4992.35.

4992.35. 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.
(Added by Stats. 1992, Ch. 384, Sec. 7. Effective January 1, 1993.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 14 - Social Workers › ARTICLE 2 - Application of Chapter › Section 4992.36.

4992.36. The board may deny an application, or may suspend or revoke a license or registration issued under this chapter, for any of the following:
(a) Denial of licensure, revocation, suspension, restriction, or any other disciplinary action imposed by another state or territory of the United States, or by any other governmental agency, on a license, certificate, or registration to practice clinical social work or any other healing art shall constitute grounds for disciplinary action for unprofessional conduct. A certified copy of the disciplinary action decision or judgment shall be conclusive evidence of that action.
(b) Revocation, suspension, or restriction by the board of a license, certificate, or registration to practice clinical social work, marriage and family therapy, professional clinical counseling, or educational psychology against a licensee or registrant shall also constitute grounds for disciplinary action for unprofessional conduct under this chapter.
(Amended by Stats. 2011, Ch. 350, Sec. 35. (SB 943) Effective January 1, 2012.)