Section § 4990

Explanation

This section talks about the Board of Behavioral Sciences in California's Department of Consumer Affairs. The board includes a mix of licensed professionals like clinical social workers, marriage and family therapists, and educational psychologists, plus public members, all needing California residency. Members have specific term lengths and are appointed by the Governor and other state officials. The board elects leadership annually, receives compensation, and will be subject to legislative review when the law expires in 2026.

(a)CA Business & Professions Code § 4990(a) There is in the Department of Consumer Affairs, a Board of Behavioral Sciences that consists of the following members:
(1)CA Business & Professions Code § 4990(a)(1) Two state licensed clinical social workers.
(2)CA Business & Professions Code § 4990(a)(2) One state licensed educational psychologist.
(3)CA Business & Professions Code § 4990(a)(3) Two state licensed marriage and family therapists.
(4)CA Business & Professions Code § 4990(a)(4) One state licensed professional clinical counselor.
(5)CA Business & Professions Code § 4990(a)(5) Seven public members.
(b)CA Business & Professions Code § 4990(b) Each member, except the seven public members, shall have at least two years of experience in their profession.
(c)CA Business & Professions Code § 4990(c) Each member shall reside in the State of California.
(d)CA Business & Professions Code § 4990(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)CA Business & Professions Code § 4990(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)CA Business & Professions Code § 4990(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)CA Business & Professions Code § 4990(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)CA Business & Professions Code § 4990(h) Each member of the board shall receive a per diem and reimbursement of expenses as provided in Section 103.
(i)CA Business & Professions Code § 4990(i) This section shall remain in effect only until January 1, 2026, and as of that date is repealed.
(j)CA Business & Professions Code § 4990(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.

Section § 4990.02

Explanation

In this section, whenever you see the term "Board," it's referring specifically to the Board of Behavioral Sciences.

“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.

Section § 4990.04

Explanation

This law states that a board appoints an executive officer who is not subject to regular civil service rules and can be dismissed at any time by the board. The executive officer performs the duties assigned by the board and acts on behalf of the board. The board decides the salary of the executive officer with the director's approval. Both the chairperson and executive officer can schedule meetings, which includes setting the agenda and meeting details. This rule only remains effective until January 1, 2026, after which it will be repealed.

(a)CA Business & Professions Code § 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)CA Business & Professions Code § 4990.04(b) The executive officer serves at the pleasure of the board.
(c)CA Business & Professions Code § 4990.04(c) The executive officer shall exercise the powers and perform the duties delegated by the board and vested in them by this chapter.
(d)CA Business & Professions Code § 4990.04(d) With the approval of the director, the board shall fix the salary of the executive officer.
(e)CA Business & Professions Code § 4990.04(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)CA Business & Professions Code § 4990.04(f) This section shall remain in effect only until January 1, 2026, and as of that date is repealed.

Section § 4990.06

Explanation

The board has the power to hire clerical, technical, and other staff needed to fulfill its duties, as long as it sticks to its budget and follows certain rules laid out in the State Civil Service Act, except for specific parts mentioned (Sections 155, 156, and 159.5).

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.

Section § 4990.07

Explanation

If you are applying for, currently have, or are renewing a professional license, you have to give the board your email address by July 1, 2022. Your email will be kept private. If your email changes, you must update it with the board within 30 days. The board will remind you to keep your email updated when you renew your license.

(a)CA Business & Professions Code § 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)CA Business & Professions Code § 4990.07(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)CA Business & Professions Code § 4990.07(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.

Section § 4990.08

Explanation

The board is responsible for maintaining detailed records of its meetings, as well as keeping track of everyone who applies for and receives a license.

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.

Section § 4990.09

Explanation

This law says that if a board gives a professional a fine of $1,500 or less, they can only keep the decision about this fine visible on the Internet for up to five years after it was issued.

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.

Section § 4990.10

Explanation

This law allows the board to research and study ways to maintain professional standards for the professions it oversees. It can also share its recommendations based on those studies.

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.

Section § 4990.12

Explanation

This law section assigns the responsibility for managing and enforcing several related chapters to a specific board and its executive officer. These chapters deal with professional regulations. The board and the executive officer have all the authority and obligations similar to those of a department head as outlined in another part of government regulations.

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.

Section § 4990.13

Explanation

If you need to check whether someone has a valid license or registration, you can trust the information you find on the board's official website. This includes when the license or registration was issued and when it expires.

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.

Section § 4990.14

Explanation

This law states that the Board of Behavioral Sciences must have a seal that says "The Board of Behavioral Sciences" and must follow the same standards as those outlined in Section 107.5.

The board shall have and use a seal bearing the words “The Board of Behavioral Sciences,” and shall otherwise conform to Section 107.5.

Section § 4990.16

Explanation

This law makes it clear that keeping the public safe is the most important job for the board when it comes to licensing, regulating, and disciplining professionals. If there's ever a conflict between public safety and other interests, keeping the public safe should always come first.

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.

Section § 4990.18

Explanation

This law states that the board is responsible for several important tasks regarding mental health professionals. It issues licenses for marriage and family therapists, clinical social workers, professional clinical counselors, and educational psychologists. The board also develops and administers exams to ensure these professionals have the necessary knowledge and skills. Additionally, it enforces laws to protect the public from unqualified or dishonest practitioners and educates consumers on these matters.

It is the intent of the Legislature that the board employ its resources for each and all of the following functions:
(a)CA Business & Professions Code § 4990.18(a) The licensure of marriage and family therapists, clinical social workers, professional clinical counselors, and educational psychologists.
(b)CA Business & Professions Code § 4990.18(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)CA Business & Professions Code § 4990.18(c) Enforcement of laws designed to protect the public from incompetent, unethical, or unprofessional practitioners.
(d)CA Business & Professions Code § 4990.18(d) Consumer education.

Section § 4990.20

Explanation

This law gives a board the power to create and enforce rules for certain corporations, like those for marriage and family therapists, social workers, and counselors. These rules include details about what happens to a corporation's stock if an owner is disqualified or passes away, requiring it to be sold back to the corporation or to other shareholders. Additionally, these corporations must ensure they have enough insurance or other security to handle any claims made by patients about professional services they provide. These rules must align with specific state government procedures.

(a)CA Business & Professions Code § 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)CA Business & Professions Code § 4990.20(b) The board may formulate and enforce rules and regulations requiring the following:
(1)CA Business & Professions Code § 4990.20(b)(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)CA Business & Professions Code § 4990.20(b)(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.

Section § 4990.22

Explanation

The Behavioral Sciences Fund is used to support and enforce the rules related to behavioral sciences in California. Money from this fund can only be spent with the approval of the state legislature. The board must keep track of how money is spent on each type of license or registration to ensure fairness, and they must report these expenses annually by May 31. If there is extra money, the board can use it for education and research that benefits each license or registration category.

(a)CA Business & Professions Code § 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)CA Business & Professions Code § 4990.22(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)CA Business & Professions Code § 4990.22(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.

Section § 4990.24

Explanation

This law states that the board's powers and responsibilities have to be reviewed as required by another part of the legal code, specifically starting at Section 473.

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).

Section § 4990.26

Explanation

This law clarifies that when you see names like “Board of Behavioral Science Examiners,” “Board of Social Work Examiners,” or “Social Worker and Marriage Counselor Qualifications Board” in any of California’s laws or regulations, it actually refers to the Board of Behavioral Sciences. Basically, these older names have been replaced with this one updated term.

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.