1 State of California Department of Consumer Affairs Laws and Regulations Relating to the Practice of Psychology 2012 Issued by BOARD OF PSYCHOLOGY Edmund G. Brown Jr., Governor
2 PREFACE The Board of Psychology is pleased to present the 2012 edition of the California Laws and Regulations Relating to the Practice of Psychology. This 2012 edition incorporates 2010 and 2011 Legislative enactments. In addition, several code sections of existing law have been added for reference. This publication is a condensed version of the various codes and does not incorporate all sections of law contained within any of the respective codes. To access a complete listing of the California Codes, please visit the following web sites: For California Codes contact: Legislative Counsel: For California Code of Regulations contact: Office of Administrative Law:
4 TABLE OF CONTENTS BUSINESS AND PROFESSIONS CODE Page GENERAL PROVISIONS... 1 DIVISION 1. DEPARTMENT OF CONSUMER AFFAIRS... 5 CHAPTER 1. THE DEPARTMENT... 5 CHAPTER 4. CONSUMER AFFAIRS... 9 Article 6. Information... 9 DIVISION 1.5. DENIAL, SUSPENSION AND REVOCATION OF LICENSES CHAPTER 1. GENERAL PROVISIONS CHAPTER 2. DENIAL OF LICENSES CHAPTER 3. SUSPENSION AND REVOCATION OF LICENSES CHAPTER 4. PUBLIC REPROVALS CHAPTER 5. EXAMINATION SECURITY DIVISION 2. HEALING ARTS CHAPTER 1. GENERAL PROVISIONS Article 7.5. Health Care Practitioners Unprofessional Conduct Professional Reporting Mental Illness or Physical Illness CHAPTER 1.5. EXEMPTION FROM LICENSURE CHAPTER 5. MEDICINE Article 12. Enforcement CHAPTER 6.6. PSYCHOLOGISTS Article 1. General Provisions Administration License Denial, Suspension and Revocation Penalties Revenue Psychological Corporations DIVISION 7. GENERAL BUSINESS REGULATIONS PART 3. REPRESENTATIONS TO THE PUBLIC CHAPTER 1. ADVERTISING Article 1. False Advertising in General Particular Offenses i
5 CALIFORNIA CODE OF REGULATIONS Page DIVISION BOARD OF PSYCHOLOGY Article 1. General Provisions Applications Education and Experience Examinations Registered Psychologists Psychological Assistants Fees Restoration of Suspended or Revoked Licenses Rules of Professional Conduct Citations and Fines Continuing Education Requirements PENAL CODE 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 CHAPTER 5. BIGAMY, INCEST, AND THE CRIME AGAINST NATURE 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 Child Abuse and Neglect Reporting Act Child Death Review Teams 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 Evaluation and Treatment Certification for Intensive Treatment Legal and Civil Rights of Persons Involuntarily Detained ii
6 WELFARE AND INSTITUTIONS CODE Continued 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 Mandatory and Nonmandatory Reports of Abuse Confidentiality Local Agency Cross-Reporting Investigation of Reports (First of Two) Reporting Forms Employee Statement EVIDENCE CODE DIVISION 8. PRIVILEGES CHAPTER 1. DEFINITIONS CHAPTER 4. PARTICULAR PRIVILEGES Article 7. Psychotherapist Patient Privilege CIVIL CODE DIVISION 1. PERSONS PART 2. PERSONAL RIGHTS PART 2.6. CONFIDENTIALITY OF MEDICAL INFORMATION CHAPTER 2. DISCLOSURE OF MEDICAL INFORMATION BY PROVIDERS CHAPTER 3. USE AND DISCLOSURE OF MEDICAL INFORMATION BY EMPLOYERS FAMILY CODE DIVISION 11. MINORS PART 4. MEDICAL TREATMENT CHAPTER 3. CONSENT BY MINOR HEALTH AND SAFETY CODE DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL PART 1. ADMINISTRATION OF COMMUNICABLE DISEASE PREVENTION AND CONTROL CHAPTER 3.5. COMMUNICABLE DISEASES EXPOSURE NOTIFICATION ACT iii
7 HEALTH AND SAFETY CODE Continued Page PART 4. HUMAN IMMUNODEFICIENCY VIRUS (HIV) CHAPTER 2. CALIFORNIA ACQUIRED IMMUNE DEFICIENCY SYNDROME (AIDS) PROGRAM (CAP) CHAPTER 7. MANDATED BLOOD TESTING AND CONFIDENTIALITY TO PROTECT PUBLIC HEALTH DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) PART 1. GENERAL ADMINISTRATION CHAPTER 1. PATIENT ACCESS TO HEALTH RECORDS CHAPTER 2. DESTRUCTION OF RECORDS AND EXHIBITS OF HUMAN HEALTH CORPORATIONS CODE TITLE 1. CORPORATIONS DIVISION 3. CORPORATIONS FOR SPECIFIC PURPOSES PART 4. PROFESSIONAL CORPORATIONS INDEX iv
8 TABLE OF CODE SECTIONS ADDED, AMENDED, REPEALED, OR OTHERWISE AFFECTED Sections with an asterisk (*) = 2012 amendments. Sections added may not be recently enacted laws, but have been added to this 2012 version of the Board of Psychology Laws and Regulations Relating to the Practice of Psychology. Business and Professions Code * 2012 amendments Section Affected Type of Change 25 * Amended 27 * Amended 28 Amended 29 * Amended Added 104 Added 114 * Amended 119 Added 121 Added 136 Added 144 * Amended 476 * Amended 490 Amended Amended 680 Added * Amended 728 Amended 729 * Amended 800 Added 801 * Amended * Amended 802 * Amended 803 Added Added Added 804 Added 805 * Amended Added 806 Added Added 900 Added 901 * Amended * Amended Amended Amended 2920 Amended 2933 Amended 2936 * Amended v
9 Penal Code Section Affected Type of Change * Amended 288 * Amended Amended * Amended * Amended Amended Amended * Amended * Amended Welfare and Institutions Code Section Affected Type of Change 5328 * Amended Amended * Amended Amended * Amended * Amended * Amended * Amended Amended * Amended Evidence Code Section Affected Type of Change 1010 * Amended 1014 * Amended Civil Code Section Affected Type of Change * Amended Amended Amended Amended Family Code Section Affected Type of Change 6924 * Amended 6926 * Amended 6929 * Amended * 2012 amendments vi
10 Health and Safety Code Section Affected Type of Change * Amended * Amended * Amended * Amended Corporations Code Section Affected Type of Change Added Added Added * Amended Added Added Added Added Added Added Added Added Added Added Added California Code of Regulations Section Affected Type of Change Repealed Repealed Article 1.5 Repealed Repealed Added Added Added Repealed Repealed 1383 Repealed Repealed Repealed 1384 Repealed Repealed Renumbered Repealed 1385 Repealed Repealed * 2012 amendments vii
11 California Code of Regulations (cont.) Section Affected Type of Change 1387 Amended Amended Renumbered Repealed Amended Amended Repealed Amended Amended Repealed Repealed Article 5.5 Repealed Repealed Repealed Renumbered Renumbered Renumbered Repealed Renumbered Renumbered Repealed Repealed Renumbered Repealed Repealed Repealed Repealed Repealed Repealed Repealed * Amended * Amended * Amended * Amended * Amended * Amended * Amended * Amended * Amended * Amended * Amended * Amended * 2012 amendments viii
12 BUSINESS AND PROFESSIONS CODE 1 This booklet does not include a complete listing of all Business and Professions Codes or a complete legislative history. The respective history for each law contained herein only references the most recent amendment(s). GENERAL PROVISIONS Section 25 Training in Human Sexuality 27 Information to Be Provided on Internet; Entities in Department of Consumer Affairs Required to Comply 28 Child Abuse Assessment Training 29 Adoption of Continuing Education Requirements Regarding Chemical Dependency and Alcoholism 32 Legislative Findings; AIDS Training for Health Care Professionals Training in Human Sexuality 25. 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 family therapist, a licensed clinical social worker, a licensed psychologist, or a licensed professional clinical counselor shall, in addition to any other requirements, 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 administrative 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, 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. Amended by Stats. 2011, ch. 381, 1 (SB 146). Information to Be Provided on Internet; Entities in Department of Consumer Affairs Required to Comply 27. (a) Each entity specified in subdivisions (c), (d), and (e) shall provide on the Internet information regarding the status of every license issued by that entity in accordance with the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code) and the Information Practices Act of 1977 (Chapter 1 (commencing with Section 1798) of Title 1.8 of Part 4 of Division 3 of the Civil Code). The public information to be
13 2 PSYCHOLOGY LICENSING AND RELATED LAWS provided on the Internet shall include information on suspensions and revocations of licenses issued by the entity and other related enforcement action, including accusations filed pursuant to the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code) taken by the entity relative to persons, businesses, or facilities subject to licensure or regulation by the entity. The information may not include personal information, including home telephone number, date of birth, or social security number. Each entity shall disclose a licensee s address of record. However, each entity shall allow a licensee to provide a post office box number or other alternate address, instead of his or her home address, as the address of record. This section shall not preclude an entity from also requiring a licensee, who has provided a post office box number or other alternative mailing address as his or her address of record, to provide a physical business address or residence address only for the entity s internal administrative use and not for disclosure as the licensee s address of record or disclosure on the Internet. (b) In providing information on the Internet, each entity specified in subdivisions (c) and (d) shall comply with the Department of Consumer Affairs Guidelines for Access to Public Records. (c) Each of the following entities within the Department of Consumer Affairs shall comply with the requirements of this section: (1) The Board for Professional Engineers, Land Surveyors, and Geologists shall disclose information on its registrants and licensees. (2) The Bureau of Automotive Repair shall disclose information on its licensees, including auto repair dealers, smog stations, lamp and brake stations, smog check technicians, and smog inspection certification stations. (3) The Bureau of Electronic and Appliance Repair, Home Furnishings, and Thermal Insulation shall disclose information on its licensees and registrants, including major appliance repair dealers, combination dealers (electronic and appliance), electronic repair dealers, service contract sellers, and service contract administrators. (4) The Cemetery and Funeral Bureau shall disclose information on its licensees, including cemetery brokers, cemetery salespersons, cemetery managers, crematory managers, cemetery authorities, crematories, cremated remains disposers, embalmers, funeral establishments, and funeral directors. (5) The Professional Fiduciaries Bureau shall disclose information on its licensees. (6) The Contractors State License Board shall disclose information on its licensees and registrants in accordance with Chapter 9 (commencing with Section 7000) of Division 3. In addition to information related to licenses as specified in subdivision (a), the board shall also disclose information provided to the board by the Labor Commissioner pursuant to Section 98.9 of the Labor Code. (7) The Bureau for Private Postsecondary Education shall disclose information on private postsecondary institutions under its jurisdiction, including disclosure of notices to comply issued pursuant to Section of the Education Code. (8) The California Board of Accountancy shall disclose information on its licensees and registrants.
14 BUSINESS AND PROFESSIONS CODE 3 (9) The California Architects Board shall disclose information on its licensees, including architects and landscape architects. (10) The State Athletic Commission shall disclose information on its licensees and registrants. (11) The State Board of Barbering and Cosmetology shall disclose information on its licensees. (12) The State Board of Guide Dogs for the Blind shall disclose information on its licensees and registrants. (13) The Acupuncture Board shall disclose information on its licensees. (14) The Board of Behavioral Sciences shall disclose information on its licensees, including marriage and family therapists, licensed clinical social workers, licensed educational psychologists, and licensed professional clinical counselors. (15) The Dental Board of California shall disclose information on its licensees. (16) The State Board of Optometry shall disclose information regarding certificates of registration to practice optometry, statements of licensure, optometric corporation registrations, branch office licenses, and fictitious name permits of its licensees. (17) The Board of Psychology shall disclose information on its licensees, including psychologists, psychological assistants, and registered psychologists. (d) The State Board of Chiropractic Examiners shall disclose information on its licensees. (e) The Structural Pest Control Board shall disclose information on its licensees, including applicators, field representatives, and operators in the areas of fumigation, general pest and wood destroying pests and organisms, and wood roof cleaning and treatment. (f) Internet for the purposes of this section has the meaning set forth in paragraph (6) of subdivision (f) of Section Amended by Stats ch. 381, 2 (SB 146), ch. 712, 1 (SB 706). Child Abuse Assessment Training 28. 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 which 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. 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. 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
15 4 PSYCHOLOGY LICENSING AND RELATED LAWS 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 (commencing 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: (a) Be obtained from one of the following sources: (1) An accredited or approved educational institution, as defined in Sections 2902, , , , and , including extension courses offered by those institutions. (2) A continuing education provider approved by the responsible board. (3) A course sponsored or offered by a professional association or a local, county, or state department of health or mental health for continuing education and approved by the responsible board. (b) Have a minimum of seven contact hours. (c) Include the study of the assessment and method of reporting of sexual assault, neglect, severe neglect, general neglect, willful cruelty or unjustifiable 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 responsibilities 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. (d) An applicant shall provide the appropriate board with documentation of completion of the required child abuse training. The Board of Psychology and the Board of Behavioral Sciences shall exempt an applicant who applies for an exemption from the requirements of this 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. 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 with the requirements of this section, a practitioner is fully trained in the subject of treatment of child, elder, and dependent adult abuse victims and abusers. 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. Amended by Stats. 2010, ch. 552, 1 (AB 2435). Adoption of Continuing Education Requirements Regarding Chemical Dependency and Alcoholism 29. (a) The Board of Psychology and the Board of Behavioral Sciences shall consider adoption of continuing education requirements including training in 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.
16 BUSINESS AND PROFESSIONS CODE 5 (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 programs, and how therapists can effectively utilize these programs. Amended by Stats ch. 381, 3 (SB 146). Legislative Findings; AIDS Training for Health Care Professionals 32. (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 licensees: chiropractors, medical laboratory technicians, dentists, dental hygienists, dental assistants, physicians and surgeons, podiatrists, registered nurses, licensed vocational nurses, psychologists, physician assistants, respiratory therapists, acupuncturists, marriage and family therapists, licensed educational psychologists, and clinical social workers. Amended by Stats. 2002, ch. 1013, 4 (SB 2026). DIVISION 1. DEPARTMENT OF CONSUMER AFFAIRS CHAPTER 1. THE DEPARTMENT Section Purpose 104 Display of Licenses or Registrations 114 Reinstatement of Expired License of Licensee Serving in Military 118 Withdrawal of Application Effect of Suspension or Forfeiture 119 Misdemeanors Pertaining to Use of Licenses 121 Practice During Period Between Renewal and Receipt of Evidence of Renewal 136 Notification of Change of Address; Punishment for Failure to Comply 144 Requirement of Fingerprints for Criminal Record Checks; Applicability 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,
17 6 PSYCHOLOGY LICENSING AND RELATED LAWS 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 performance 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. Added by Stats. 1980, ch. 375, 1. Display of Licenses or Registrations 104. 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. Added by Stats. 1998, ch. 991, 1 (SB 1980). Reinstatement of Expired License of Licensee Serving in Military 114. (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 examination 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 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.
18 BUSINESS AND PROFESSIONS CODE 7 (c) If application for reinstatement is filed and the licensing agency determines 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. Amended by Stats. 2011, ch. 296, 1 (AB 1023). Withdrawal of Application Effect of Suspension or Forfeiture 118. (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 cancellation 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. Added by Stats. 1961, ch. 1079, 1. Misdemeanors Pertaining to Use of Licenses 119. Any person who does any of the following is guilty of a misdemeanor: (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 purporting 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.
19 8 PSYCHOLOGY LICENSING AND RELATED LAWS (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 subdivision, fraudulent means containing any misrepresentation of fact. As used in this section, license includes certificate, permit, authority, 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 Amended by Stats. 2000, ch. 568, 1 (AB 2888). Practice During Period Between Renewal and Receipt of Evidence of Renewal 121. 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, authorization, and registration, or any other indicia giving authorization, by any agency, board, bureau, commission, committee, or entity within the Department 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. Added by Stats. 1979, ch. 77, 1. Notification of Change of Address; Punishment for Failure to Comply 136. (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. Added by Stats. 1994, ch. 26, 7 (AB 1807), effective March 30, Requirement of Fingerprints for Criminal Record Checks; Applicability 144. (a) Notwithstanding any other provision of law, an agency designated in subdivision (b) 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.
20 BUSINESS AND PROFESSIONS CODE 9 (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 Dispenser 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. (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. Amended by Stats. 2011, ch. 448, 1 (SB 543). CHAPTER 4. CONSUMER AFFAIRS Article 6. Information Section 337 Informational Brochure for Victims of Psychotherapist-Patient Sexual Contact; Contents Informational Brochure for Victims of Psychotherapist-Patient Sexual Contact; Contents 337. (a) The department shall prepare and disseminate an informational brochure for victims of psychotherapist-patient sexual contact and advocates for those victims. This brochure shall be developed by the department in consultation with members of the Sexual Assault Program of the Office of Criminal Justice Planning and the office of the Attorney General. (b) The brochure shall include, but is not limited to, the following: (1) A legal and an informal definition of psychotherapist-patient sexual contact.