SECTIONS 4990-4990.26 - California Statutes

BUSINESS AND PROFESSIONS CODE

SECTION 4990-4990.26

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) Commencing January 1, 2012, 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 his or her 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 Speaker of the Assembly or the
Senate Committee on Rules shall hold office until the appointment and
qualification of his or her successor or until one year from the
expiration date of the term for which he or she was 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 his or her successor or until 60
days from the expiration date of the term for which he or she was
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,
2013, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2013, deletes or extends
that date.

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.

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 him or her 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,
2013, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2013, deletes or extends
that date.

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.

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.

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.

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.

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.

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.

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.

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.

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 or licensed clinical social worker 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 or a licensed
clinical social worker corporation shall provide adequate security
by insurance or otherwise for claims against it by its patients
arising out of the rendering of professional services.

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 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.

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).

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.