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Laws and Regulations, California Board of Psychology, 2015

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California Board of Psychology Laws and Regulations

State of California
Department of
Consumer Affairs

Edmund G. Brown Jr.
Governor

California
Board of Psychology
Laws and
Regulations
2015 EDITION

2015 EDITION

State of California
Department of
Consumer Affairs

Edmund G. Brown Jr.
Governor

CALIFORNIA
BOARD OF PSYCHOLOGY
LAWS AND
REGULATIONS
2015 EDITION

Statutes Include Amendments Through Chapter 931 of the 2014
Regular Session and Resolution Chapter 1 of the Second
Extraordinary Session of the 2013-2014 Legislature
and all Propositions approved by the Electorate in 2014.
Regulations Include Amendments Through January 16, 2015
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PREFACE
LexisNexis is pleased to offer to the psychology community the 2015 edition
of California Board of Psychology Laws and Regulations. This volume is a
compilation of selected laws and regulations that affect the psychology profession.
It is fully up to date with statutes enacted up to and including Chapter 931 of
the 2014 Regular Session and Resolution Chapter 1 of the Second Extraordinary
Session of the 2013-2014 Legislature and all Propositions approved by the
Electorate in 2014 and regulations through January 16, 2015.
Included herein is a Table of Sections Affected which may be utilized
to facilitate research into recently enacted legislation affecting these Codes.
Through the use of state-of-the-art computer software, attorney editors have
updated the comprehensive descriptive word index with the enactments of the
2014 legislature.
We publish a number of California Codes as well as National and state
law enforcement titles for more than 30 states. Please reference our web site
at www.lexisnexis.com or contact our customer service department for more
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March 2015

Table of Contents

Table
Table
Table
Table

of
of
of
of

Sections Affected by 2012 Legislation. . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Sections Affected by 2013 Legislation. . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Sections Affected by 2014 Legislation. . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Regulations Affected by 2012 to 2014 Legislation. . . . . . . . . . . . . . .

BUSINESS AND PROFESSIONS CODE
GENERAL PROVISIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Division 1. Department of Consumer Affairs
Chapter 1. The Department . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Chapter 4. Consumer Affairs
Article 6. Information. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Article 10.5. Unprofessional Conduct. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Article 11. Professional Reporting. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Article 12.5. Mental Illness or Physical Illness . . . . . . . . . . . . . . . . . . .
Article 15. Sexual Orientation Change Efforts . . . . . . . . . . . . . . . . . . . .
Chapter 1.5. Exemption from Licensure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Chapter 5. Medicine
Article 12. Enforcement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Chapter 6.6. Psychologists
Article 1. General Provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Article 2. Administration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Article 3. License . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Article 4. Denial, Suspension and Revocation. . . . . . . . . . . . . . . . . . . . .
Article 5. Penalties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Article 7. Revenue . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Article 9. Psychological Corporations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Division 7. General Business Regulations
Part 3. Representations to the Public
Chapter 1. Advertising
Article 1. False Advertising in General . . . . . . . . . . . . . . . . . . . . . . . . . . . .

v

PAGE
ix
xi
xiii
xv

1
5
10
11
12
15
25
26
26
29
32
44
46
47
50
51
63
66
68
75
75
78

80

TABLE OF CONTENTS

Article 2. Particular Offenses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
CALIFORNIA CODE OF REGULATIONS
Division 13.1. Board of Psychology
Article 1. General Provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Article 2. Applications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Article 3. Education and Experience . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Article 4. Examination. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Article 5. Registered Psychologists. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Article 5.1. Psychological Assistants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Article 6. Fees. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Article 7. Standards Related to Denial, Discipline, and Reinstatement of Licenses or Registrations . . . . . . . . . . . . . .
Article 8. Rules of Professional Conduct . . . . . . . . . . . . . . . . . . . . . . . . . . .
Article 9. Citations and Fines . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Article 10. Continuing Education . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
PENAL CODE
Part 1. Of Crimes and Punishments
Title 9. Of Crimes Against the Person Involving Sexual Assault, and
Crimes Against Public Decency and Good Morals
Chapter 1. Rape, Abduction, Carnal Abuse of Children, and
Seduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Chapter 5. Bigamy, Incest, and the Crime Against Nature . . . . . . . .
Chapter 5.5. Sex Offenders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Article 2.5. Child Abuse and Neglect Reporting Act . . . . . . . . . . . . . .
Article 2.6. 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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Article 4. Certification for Intensive Treatment. . . . . . . . . . . . . . . . . . .
Article 7. Legal and Civil Rights of Persons Involuntarily
Detained . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Part 2. The Bronzan-McCorquodale Act
Chapter 1. General Provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Chapter 4. Operation and Administration. . . . . . . . . . . . . . . . . . . . . . . . . . . .
Division 9. Public Social Services
Part 3. Aid and Medical Assistance
Chapter 11. Elder Abuse and Dependent Adult Civil Protection
Act
Article 2. Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
vi

PAGE
82

85
87
91
106
110
112
116
117
119
125
129

153
154
157

158
162
191

193
196
197
205
206

207

TABLE OF CONTENTS

Article
Article
Article
Article
Article
Article

3. Mandatory and Nonmandatory Reports of Abuse. . . . .
4. Confidentiality . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5. Local Agency Cross-Reporting . . . . . . . . . . . . . . . . . . . . . . . . . . .
6. Investigation of Reports . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
9. Reporting Forms. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
10. Employee Statement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

EVIDENCE CODE
Division 8. Privileges
Chapter 1. Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Chapter 4. Particular Privileges
Article 7. Psychotherapist-Patient Privilege. . . . . . . . . . . . . . . . . . . . . . .
Article 9. Official Information and Identity of Informer . . . . . . . . .
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 2. Licensing Provisions
Chapter 1. Clinics
Article 1. Definitions and General Provisions . . . . . . . . . . . . . . . . . . . . .
Division 105. Communicable Disease Prevention and Control
Part 1. Administration of Communicable Disease Prevention and
Control
Chapter 3.5. Communicable Diseases Exposure Notification Act
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

vii

PAGE
212
218
220
222
223
224

227
227
232

233
235
243

247

253

254
259
260

268
279

TABLE OF CONTENTS
PAGE
CORPORATIONS CODE
Title 1. Corporations
Division 3. Corporations for Specific Purposes
Part 4. Professional Corporations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

281

EDUCATION CODE
Title 3. Postsecondary Education
Division 10. Private Postsecondary and Higher Education
Institutions
Part 59. Private Postsecondary and Higher Education Institutions
Chapter 8. Private Postsecondary Institutions
Article 3. Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

293

GOVERNMENT CODE
Title 1. General
Division 7. Miscellaneous
Chapter 3.5. Inspection of Public Records
Article 1. General Provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Title 2. Government of the State of California
Division 3. Executive Department
Part 1. State Departments and Agencies
Chapter 4.5. Administrative Adjudication: General Provisions
Article 1. Preliminary Provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Article 6. Administrative Adjudication Bill of Rights . . . . . . . . . . . .
Article 14. Declaratory Decision. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Chapter 5. Administrative Adjudication: Formal Hearing . . . . . . . . .
Part 2.8. Department of Fair Employment and Housing
Chapter 6. Discrimination Prohibited
Article 1. Unlawful Practices, Generally . . . . . . . . . . . . . . . . . . . . . . . . . . .

295

304
305
305
307
307

Disciplinary Guidelines. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Ethical Principles and Code of Conduct. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

311
336

Index . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

I-1

viii

2012 TABLE OF CODE SECTIONS ADDED,
AMENDED, REPEALED, OR OTHERWISE
AFFECTED
Business and Professions Code
Section Affected
114.3
680
683
683
686
800
803
803.5
803.6
805
865
865.1
865.2
2904.5
2920
2933

Type of Change
Added
Amended
Added
Amended
Added
Amended
Amended
Amended
Amended
Amended
Added
Added
Added
Amended
Amended
Amended

Chapter Number
742
34
154
154
782
332
332
332
332
332
835
835
835
799
332
332

Civil Code
Section Affected
43.92
56.106

Type of Change
Amended
Added

Chapter Number
149
657

Government Code
Section Affected
12944

Type of Change
Amended

Chapter Number
46, 147

Health and Safety Code
Section Affected
123116
123148

Type of Change
Added
Amended

Chapter Number
657
698

Penal Code
Section Affected
290
11165.7
11166
11166.5

Type of Change
Amended
Amended
Amended
Amended

ix

Chapter Number
35
162, 517, 519/-521
517, 521, 728
518

x

2012 TABLE OF SECTIONS AFFECTED

11169
11170
11172

Amended
Amended
Amended

848
846, 848
521

Welfare and Institutions Code
Section Affected
5150
5325
5328
5751.2
15610.67
15630
15631
15650
15658

Type of Change
Amended
Amended
Amended
Amended
Added
Amended
Amended
Amended
Amended

Chapter Number
34
34, 448, 457
34
34
659
24, 660
659
440
440

2013 TABLE OF CODE SECTIONS ADDED,
AMENDED, REPEALED, OR OTHERWISE
AFFECTED
Business and Professions Code
Section Affected
114.5
144.5
494.6
680
901

Type of Change
Added
Added
Added
Amended
Amended

Chapter Number
693
516
577
23
111

Civil Code
Section Affected
56.10

Type of Change
Amended

Chapter Number
341

Corporations Code
Section Affected
13401.5

Type of Change
Amended

Chapter Number
620

Government Code
Section Affected
6254

Type of Change
Amended

Chapter Number
23, 352

Health and Safety Code
Section Affected
120975
120985
120990
120991
121020
121022
123148

Type of Change
Amended
Amended
Amended
Added
Amended
Amended
Amended

Chapter Number
445
444
589
589
153
445
589

Penal Code
Section Affected
11160
11165.7
11165.15
11166

Type of Change
Amended
Amended
Added
Amended

xi

Chapter Number
352
76
486
76

xii

2013 TABLE OF SECTIONS AFFECTED
Welfare and Institutions Code

Section Affected
5150
15610.30
15630
15650

Type of Change
Amended
Amended
Amended
Amended

Chapter Number
23, 567
668
76, 673
76

2014 TABLE OF CODE SECTIONS ADDED,
AMENDED, REPEALED, OR OTHERWISE
AFFECTED
Business and Professions Code
Section Affected
27
480
480.5
494.6
2290.5
2930.5
2936
2987.3

Type of Change
Amended
Amended
Added
Amended
Amended
Repealed
Amended
Repealed

Chapter Number
316
737
410
71
404
316
316
316

Education Code
Section Affected
94823.5

Type of Change
Ind. Amended

Chapter Number
840

Government Code
Section Affected
6254

Type of Change
Amended

Chapter Number
31

Health and Safety Code
Section Affected
121022

Type of Change
Amended

Chapter Number
71

Penal Code
Section Affected
11165.1
11165.7
11165.15
11170

Type of Change
Amended
Amended
Amended
Amended

Chapter Number
264
797
71
772

Welfare and Institutions Code
Section Affected
5250
15610.55

Type of Change
Amended
Amended

xiii

Chapter Number
144
62

2012 TO 2014 TABLE OF REGULATION CODE
SECTIONS ADDED, AMENDED, REPEALED, OR
OTHERWISE AFFECTED
Title 16
Section Affected
1380.1
1380.4
1387
1387.1
1393
1397.2

Type of Change
Amended
Amended
Amended
Amended
Amended
Added

xv

Operative
Filed 10-20-2014
8-22-2012
Filed 10-20-2014
Filed 10-20-2014
8-22-2012
8-22-2012

EXTRACTED FROM
BUSINESS & PROFESSIONS CODE
GENERAL PROVISIONS
§ 25. Training in human sexuality
Any person applying for a license, registration, or the first renewal of a
license, after the effective date of this section, as a licensed marriage and
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, 1977.
If a licensing board or agency proposes to establish a training program in
human sexuality, the board or agency shall first consult with other licensing
boards or agencies that have established or propose to establish a training
program in human sexuality to ensure that the programs are compatible in
scope and content.
Added Stats 1976 ch 1433 § 1, operative January 1, 1980. Amended Stats 2002 ch 1013 § 1 (SB
2026); Stats 2005 ch 658 § 1 (SB 229), effective January 1, 2006; Stats 2011 ch 381 § 1 (SB 146),
effective January 1, 2012.

§ 27. Information to be provided on Internet; Entities in Department of Consumer Affairs required to comply
(a) Each entity specified in subdivisions (c), (d), and (e) shall provide on the
Internet information regarding the status of every license issued by that entity
in accordance with the California Public Records Act (Chapter 3.5 (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)
1

Bus. & Prof. Code

LAWS AND REGULATIONS
RELATING TO THE PRACTICE OF
PSYCHOLOGY

BOARD OF PSYCHOLOGY
Bus. & Prof. Code

of Title 1.8 of Part 4 of Division 3 of the Civil Code). The public information to
be provided on the Internet shall include information on suspensions and
revocations of licenses issued by the entity and other related enforcement
action, including accusations filed pursuant to the Administrative Procedure
Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of
Title 2 of the Government Code) taken by the entity relative to persons,
businesses, or facilities subject to licensure or regulation by the entity. The
information may not include personal information, including home telephone
number, date of birth, or social security number. Each entity shall disclose a
licensee’s address of record. However, each entity shall allow a licensee to
provide a post office box number or other alternate address, instead of his or
her home address, as the address of record. This section shall not preclude an
entity from also requiring a licensee, who has provided a post office box number
or other alternative mailing address as his or her address of record, to provide
a physical business address or residence address only for the entity’s internal
administrative use and not for disclosure as the licensee’s address of record or
disclosure on the Internet.
(b) In providing information on the Internet, each entity specified in
subdivisions (c) and (d) shall comply with the Department of 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 94935 of the
Education Code.
(8) The California Board of Accountancy shall disclose information on its
licensees and registrants.
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(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 licensed 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 17538.
Added Stats 1997 ch 661 § 1 (SB 492). Amended Stats 1998 ch 59 § 1 (AB 969); Stats 1999 ch 655
§ 1 (SB 1308); Stats 2000 ch 927 § 1 (SB 1889); Stats 2001 ch 159 § 1 (SB 662); Stats 2003 ch 849
§ 1 (AB 1418); Stats 2009 ch 308 § 1 (SB 819), effective January 1, 2010, ch 310 § 1.5 (AB 48),
effective January 1, 2010; Stats 2011 ch 381 § 2 (SB 146), effective January 1, 2012, ch 712 § 1 (SB
706), effective January 1, 2012; Stats 2014 ch 316 § 1 (SB 1466), effective January 1, 2015.

§ 28. Child, elder, and dependent adult abuse assessment and reporting training
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.
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All persons applying for initial licensure or renewal of a license as a
psychologist, clinical social worker, professional clinical counselor, or marriage
and family therapist shall, in addition to all other requirements for licensure
or renewal, have completed coursework or training in child abuse assessment
and reporting that meets the requirements of this section, including detailed
knowledge of the Child Abuse and Neglect Reporting Act (Article 2.5 (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, 4980.36, 4980.37, 4996.18, and 4999.12, 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.
Added Stats 1995 ch 758 § 2.5 (AB 446), operative January 1, 1997. Amended Stats 2002 ch 1013 § 2
(SB 2026); Stats 2004 ch 695 § 1 (SB 1913); Stats 2009 ch 26 § 1 (SB 33), effective January 1, 2010;
Stats 2010 ch 552 § 1 (AB 2435), effective January 1, 2011.

§ 29. Adoption of continuing education requirements regarding
chemical dependency and alcoholism
(a) The Board of Psychology and the Board of Behavioral Sciences shall
consider adoption of continuing education requirements including training in
4

the area of recognizing chemical dependency and early intervention for all
persons applying for renewal of a license as a psychologist, clinical social
worker, marriage and family therapist, or professional clinical counselor.
(b) Prior to the adoption of any regulations imposing continuing education
relating to alcohol and other chemical dependency, the boards are urged to
consider coursework to include, but not necessarily be limited to, the following
topics:
(1) Historical and contemporary perspectives on alcohol and other drug
abuse.
(2) Extent of the alcohol and drug abuse epidemic and its effects on the
individual, family, and community.
(3) Recognizing the symptoms of alcoholism and drug addiction.
(4) Making appropriate interpretations, interventions, and referrals.
(5) Recognizing and intervening with affected family members.
(6) Learning about current programs of recovery, such as 12 step programs,
and how therapists can effectively utilize these programs.
Added Stats 1990 ch 1005 § 2 (AB 3314). Amended Stats 2002 ch 1013 § 3 (SB 2026); Stats 2004 ch
193 § 1 (SB 111); Stats 2011 ch 381 § 3 (SB 146), effective January 1, 2012.

§ 32. Legislative findings; AIDS training for health care professionals
(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, clinical social workers, and professional clinical counselors.
Added Stats 1988 ch 1213 § 1. Amended Stats 1994 ch 26 § 2 (AB 1807), effective March 30, 1994;
Stats 2002 ch 1013 § 4 (SB 2026); Stats 2011 ch 381 § 4 (SB 146), effective January 1, 2012.

DIVISION 1
Department of Consumer Affairs
CHAPTER 1
The Department
§ 101.6. Purpose
The boards, bureaus, and commissions in the department are established for
the purpose of ensuring that those private businesses and professions deemed
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to engage in activities which have potential impact upon the public health,
safety, and welfare are adequately regulated in order to protect the people of
California.
To this end, they establish minimum qualifications and levels of competency
and license persons desiring to engage in the occupations they regulate upon
determining that such persons possess the requisite skills and qualifications
necessary to provide safe and effective services to the public, or register or
otherwise certify persons in order to identify practitioners and ensure 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 Stats 1980 ch 375 § 1.

§ 104. Display of licenses or registrations
All boards or other regulatory entities within the department’s jurisdiction
that the department determines to be health-related may adopt regulations to
require licensees to display their licenses or registrations in the locality in
which they are treating patients, and to inform patients as to the identity of
the regulatory agency they may contact if they have any questions or
complaints regarding the licensee. In complying with this requirement, those
boards may take into consideration the particular settings in which licensees
practice, or other circumstances which may make the displaying or providing
of information to the consumer extremely difficult for the licensee in their
particular type of practice.
Added Stats 1998 ch 991 § 1 (SB1980).

§ 114. Reinstatement of expired license of licensee serving in military
(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.
6

(b) If application for reinstatement is filed more than one year after
discharge or return to inactive status, the applicant, in the discretion of the
licensing agency, may be required to pass an examination.
(c) If application for reinstatement is filed and the licensing agency 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.
Added Stats 1951 ch 185 § 2. Amended Stats 1953 ch 423 § 1; Stats 1961 ch 1253 § 1; Stats 2010 ch
389 § 1 (AB 2500), effective January 1, 2011; Stats 2011 ch 296 § 1 (AB 1023), effective January 1,
2012.

§ 114.3. Waiver of fees and requirements for active duty members of
armed forces and national guard
(a) Notwithstanding any other provision of law, every board, as defined in
Section 22, within the department shall waive the renewal fees, continuing
education requirements, and other renewal requirements as determined by the
board, if any are applicable, for any licensee or registrant called to active duty
as a member of the United States Armed Forces or the California National
Guard if all of the following requirements are met:
(1) The licensee or registrant possessed a current and valid license with the
board at the time he or she was called to active duty.
(2) The renewal requirements are waived only for the period during which
the licensee or registrant is on active duty service.
(3) Written documentation that substantiates the licensee or registrant’s
active duty service is provided to the board.
(b)(1) Except as specified in paragraph (2), the licensee or registrant shall
not engage in any activities requiring a license during the period that the
waivers provided by this section are in effect.
(2) If the licensee or registrant will provide services for which he or she is
licensed while on active duty, the board shall convert the license status to
military active and no private practice of any type shall be permitted.
(c) In order to engage in any activities for which he or she is licensed once
discharged from active duty, the licensee or registrant shall meet all necessary
renewal requirements as determined by the board within six months from the
licensee’s or registrant’s date of discharge from active duty service.
(d) After a licensee or registrant receives notice of his or her discharge date,
the licensee or registrant shall notify the board of his or her discharge from
active duty within 60 days of receiving his or her notice of discharge.
(e) A board may adopt regulations to carry out the provisions of this section.
(f) This section shall not apply to any board that has a similar license
renewal waiver process statutorily authorized for that board.
Added Stats 2012 ch 742 § 1 (AB 1588), effective January 1, 2013.

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§ 114.5. Military status
Commencing January 1, 2015, each board shall inquire in every application
for licensure if the individual applying for licensure is serving in, or has
previously served in, the military.
Added Stats 2013 ch 693 § 1 (AB 1057), effective January 1, 2014.

§ 118. Effect of withdrawal of application; Effect of suspension, forfeiture, etc., of license
(a) The withdrawal of an application for a license after it has been filed with
a board in the department shall not, unless the board has consented in writing
to such withdrawal, deprive the board of its authority to institute or continue
a proceeding against the applicant for the denial of the license upon any
ground provided by law or to enter an order denying the license upon any such
ground.
(b) The suspension, expiration, or forfeiture by operation of law of a license
issued by a board in the department, or its suspension, forfeiture, or 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 Stats 1961 ch 1079 § 1.

§ 119. Misdemeanors pertaining to use of licenses
Any person who does any of the following is guilty of a misdemeanor:
(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.
(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.
8

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
3600.
Added Stats 1965 ch 1083 § 1. Amended Stats 1990 ch 350 § 1 (SB 2084) (ch 1207 prevails), ch 1207
§ 1 (AB 3242); Stats 1994 ch 1206 § 1 (SB 1775); Stats 2000 ch 568 § 1 (AB 2888).

§ 121. Practice during period between renewal and receipt of evidence of renewal
No licensee who has complied with the provisions of this code relating to the
renewal of his or her license prior to expiration of such license shall be deemed
to be engaged illegally in the practice of his or her business or profession
during any period between such renewal and receipt of evidence of such
renewal which may occur due to delay not the fault of the applicant.
As used in this section, “license” includes “certificate,” “permit,” “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 Stats 1979 ch 77 § 1.

§ 136. Notification of change of address; Punishment for failure to
comply
(a) Each person holding a license, certificate, registration, permit, or other
authority to engage in a profession or occupation issued by a board within the
department shall notify the issuing board at its principal office of any change
in his or her mailing address within 30 days after the change, unless the board
has specified by regulations a shorter time period.
(b) Except as otherwise provided by law, failure of a licentiate to comply
with the requirement in subdivision (a) constitutes grounds for the issuance of
a citation and administrative fine, if the board has the authority to issue
citations and administrative fines.
Added Stats 1994 ch 26 § 7 (AB 1807), effective March 30, 1994.

§ 144. Requirement of fingerprints for criminal record checks; Applicability
(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.
(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.
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(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.
Added Stats 1997 ch 758 § 2 (SB 1346). Amended Stats 2000 ch 697 § 1.2 (SB 1046), operative
January 1, 2001; Stats 2001 ch 159 § 4 (SB 662), ch 687 § 2 (AB 1409) (ch 687 prevails); Stats 2002
ch 744 § 1 (SB 1953), ch 825 § 1 (SB 1952); Stats 2003 ch 485 § 2 (SB 907), ch 789 § 1 (SB 364), ch
874 § 1 (SB 363); Stats 2004 ch 909 § 1.2 (SB 136), effective September 30, 2004; Stats 2009 ch 308
§ 4 (SB 819), effective January 1, 2010; Stats 2011 ch 448 § 1 (SB 543), effective January 1, 2012.

§ 144.5. Board authority
Notwithstanding any other law, a board described in Section 144 may
request, and is authorized to receive, from a local or state agency certified
records of all arrests and convictions, certified records regarding probation,
and any and all other related documentation needed to complete an applicant
or licensee investigation. A local or state agency may provide those records to
the board upon request.
Added Stats 2013 ch 516 § 1 (SB 305), effective January 1, 2014.

CHAPTER 4
Consumer Affairs
ARTICLE 6
Information
§ 337. Informational brochure for victims of psychotherapist-patient sexual contact; Contents
(a) The department shall prepare and disseminate an informational brochure for victims of psychotherapist-patient sexual contact and advocates for
10

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.
(2) A brief description of common personal reactions and histories of victims
and victim’s families.
(3) A patient’s bill of rights.
(4) Options for reporting psychotherapist-patient sexual relations and instructions for each reporting option.
(5) A full description of administrative, civil, and professional associations
complaint procedures.
(6) A description of services available for support of victims.
(c) The brochure shall be provided to each individual contacting the Medical
Board of California and affiliated health boards or the Board of Behavioral
Sciences regarding a complaint involving psychotherapist-patient sexual relations.
Added Stats 1987 ch 1448 § 1. Amended Stats 1989 ch 886 § 5; Stats 2007 ch 588 § 1 (SB 1048),
effective January 1, 2008.

DIVISION 1.5
Denial, Suspension and Revocation of Licenses
CHAPTER 1
General Provisions
§ 475. Applicability of division
(a) Notwithstanding any other provisions of this code, the provisions of this
division shall govern the denial of licenses on the grounds of:
(1) Knowingly making a false statement of material fact, or knowingly
omitting to state a material fact, in an application for a license.
(2) Conviction of a crime.
(3) Commission of any act involving dishonesty, fraud or deceit with the
intent to substantially benefit himself or another, or substantially injure
another.
(4) Commission of any act which, if done by a licentiate of the business or
profession in question, would be grounds for suspension or revocation of
license.
(b) Notwithstanding any other provisions of this code, the provisions of this
division shall govern the suspension and revocation of licenses on grounds
specified in paragraphs (1) and (2) of subdivision (a).
(c) A license shall not be denied, suspended, or revoked on the grounds of a
lack of good moral character or any similar ground relating to an applicant’s
character, reputation, personality, or habits.
Added Stats 1972 ch 903 § 1. Amended Stats 1974 ch 1321 § 1; Stats 1992 ch 1289 § 5 (AB 2743).

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§ 476. Exemptions
(a) Except as provided in subdivision (b), nothing in this division shall apply
to the licensure or registration of persons pursuant to Chapter 4 (commencing
with Section 6000) of Division 3, or pursuant to Division 9 (commencing with
Section 23000) or pursuant to Chapter 5 (commencing with Section 19800) of
Division 8.
(b) Section 494.5 shall apply to the licensure of persons authorized to
practice law pursuant to Chapter 4 (commencing with Section 6000) of Division
3, and the licensure or registration of persons pursuant to Chapter 5 (commencing with Section 19800) of Division 8 or pursuant to Division 9 (commencing with Section 23000).
Added Stats 1972 ch 903 § 1. Amended Stats 1983 ch 721 § 1; Stats 2011 ch 455 § 2 (AB 1424),
effective January 1, 2012.

§ 477. “Board”; “License”
As used in this division:
(a) “Board” includes “bureau,” “commission,” “committee,” “department,”
“division,” “examining committee,” “program,” and “agency.”
(b) “License” includes certificate, registration or other means to engage in a
business or profession regulated by this code.
Added Stats 1972 ch 903 § 1. Amended Stats 1974 ch 1321 § 2; Stats 1983 ch 95 § 1; Stats 1991 ch
654 § 5 (AB 1893).

§ 478. “Application”; “Material”
(a) As used in this division, “application” includes the original documents or
writings filed and any other supporting documents or writings including
supporting documents provided or filed contemporaneously, or later, in support
of the application whether provided or filed by the applicant or by any other
person in support of the application.
(b) As used in this division, “material” includes a statement or omission
substantially related to the qualifications, functions, or duties of the business
or profession.
Added Stats 1992 ch 1289 § 6 (AB 2743).

CHAPTER 2
Denial of Licenses
§ 480. Grounds for denial; Effect of obtaining certificate of rehabilitation
(a) A board may deny a license regulated by this code on the grounds that
the applicant has one of the following:
(1) Been convicted of a crime. A conviction within the meaning of this section
means a plea or verdict of guilty or a conviction following a plea of nolo
contendere. Any action that a board is permitted to take following the
establishment of a conviction may be taken when the time for appeal has
elapsed, or the judgment of conviction has been affirmed on appeal, or when an
order granting probation is made suspending the imposition of sentence,
irrespective of a subsequent order under the provisions of Section 1203.4,
1203.4a, or 1203.41 of the Penal Code.
12

(2) Done any act involving dishonesty, fraud, or deceit with the intent to
substantially benefit himself or herself or another, or substantially injure
another.
(3)(A) Done any act that if done by a licentiate of the business or profession
in question, would be grounds for suspension or revocation of license.
(B) The board may deny a license pursuant to this subdivision only if the
crime or act is substantially related to the qualifications, functions, or duties of
the business or profession for which application is made.
(b) Notwithstanding any other provision of this code, a person shall not be
denied a license solely on the basis that he or she has been convicted of a felony
if he or she has obtained a certificate of rehabilitation under Chapter 3.5
(commencing with Section 4852.01) of Title 6 of Part 3 of the Penal Code or that
he or she has been convicted of a misdemeanor if he or she has met all
applicable requirements of the criteria of rehabilitation developed by the board
to evaluate the rehabilitation of a person when considering the denial of a
license under subdivision (a) of Section 482.
(c) Notwithstanding any other provisions of this code, a person shall not be
denied a license solely on the basis of a conviction that has been dismissed
pursuant to Section 1203.4, 1203.4a, or 1203.41 of the Penal Code. An
applicant who has a conviction that has been dismissed pursuant to Section
1203.4, 1203.4a, or 1203.41 of the Penal Code shall provide proof of the
dismissal.
(d) A board may deny a license regulated by this code on the ground that the
applicant knowingly made a false statement of fact that is required to be
revealed in the application for the license.
Added Stats 1974 ch 1321 § 4. Amended Stats 1976 ch 947 § 1; Stats 1979 ch 876 § 2; Stats 2008 ch
179 § 2 (SB 1498), effective January 1, 2009; Stats 2014 ch 737 § 1 (AB 2396), effective January 1,
2015.

§ 480.5. Completion of licensure requirements while incarcerated
(a) An individual who has satisfied any of the requirements needed to obtain
a license regulated under this division while incarcerated, who applies for that
license upon release from incarceration, and who is otherwise eligible for the
license shall not be subject to a delay in processing his or her application or a
denial of the license solely on the basis that some or all of the licensure
requirements were completed while the individual was incarcerated.
(b) Nothing in this section shall be construed to apply to a petition for
reinstatement of a license or to limit the ability of a board to deny a license
pursuant to Section 480.
(c) This section shall not apply to the licensure of individuals under the
initiative act referred to in Chapter 2 (commencing with Section 1000) of
Division 2.
Added Stats 2014 ch 410 § 1 (AB 1702), effective January 1, 2015.

§ 481. Crime and job-fitness criteria
Each board under the provisions of this code shall develop criteria to aid it,
when considering the denial, suspension or revocation of a license, to determine whether a crime or act is substantially related to the qualifications,
functions, or duties of the business or profession it regulates.
Added Stats 1974 ch 1321 § 6.

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§ 482. Rehabilitation criteria
Each board under the provisions of this code shall develop criteria to
evaluate the rehabilitation of a person when:
(a) Considering the denial of a license by the board under Section 480; or
(b) Considering suspension or revocation of a license under Section 490.
Each board shall take into account all competent evidence of rehabilitation
furnished by the applicant or licensee.
Added Stats 1972 ch 903 § 1. Amended Stats 1974 ch 1321 § 7.

§ 484. Attestation to good moral character of applicant
No person applying for licensure under this code shall be required to submit
to any licensing board any attestation by other persons to his good moral
character.
Added Stats 1972 ch 903 § 1. Amended Stats 1974 ch 1321 § 9.

§ 485. Procedure upon denial
Upon denial of an application for a license under this chapter or Section 496,
the board shall do either of the following:
(a) File and serve a statement of issues in accordance with Chapter 5
(commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the
Government Code.
(b) Notify the applicant that the application is denied, stating (1) the reason
for the denial, and (2) that the applicant has the right to a hearing under
Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of
the Government Code if written request for hearing is made within 60 days
after service of the notice of denial. Unless written request for hearing is made
within the 60-day period, the applicant’s right to a hearing is deemed waived.
Service of the notice of denial may be made in the manner authorized for
service of summons in civil actions, or by registered mail addressed to the
applicant at the latest address filed by the applicant in writing with the board
in his or her application or otherwise. Service by mail is complete on the date
of mailing.
Added Stats 1972 ch 903 § 1. Amended Stats 1997 ch 758 § 2.3 (SB 1346).

§ 486. Contents of decision or notice
Where the board has denied an application for a license under this chapter
or Section 496, it shall, in its decision, or in its notice under subdivision (b) of
Section 485, inform the applicant of the following:
(a) The earliest date on which the applicant may reapply for a license which
shall be one year from the effective date of the decision, or service of the notice
under subdivision (b) of Section 485, unless the board prescribes an earlier
date or a later date is prescribed by another statute.
(b) That all competent evidence of rehabilitation presented will be considered upon a reapplication.
Along with the decision, or the notice under subdivision (b) of Section 485,
the board shall serve a copy of the criteria relating to rehabilitation formulated
under Section 482.
Added Stats 1972 ch 903 § 1. Amended Stats 1974 ch 1321 § 9.5; Stats 1997 ch 758 § 2.4 (SB 1346).

§ 487. Hearing; Time
If a hearing is requested by the applicant, the board shall conduct such
hearing within 90 days from the date the hearing is requested unless the
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applicant shall request or agree in writing to a postponement or continuance of
the hearing. Notwithstanding the above, the Office of Administrative Hearings
may order, or on a showing of good cause, grant a request for, up to 45
additional days within which to conduct a hearing, except in cases involving
alleged examination or licensing fraud, in which cases the period may be up to
180 days. In no case shall more than two such orders be made or requests be
granted.
Added Stats 1972 ch 903 § 1. Amended Stats 1974 ch 1321 § 10; Stats 1986 ch 220 § 1, effective June
30, 1986.

§ 488. Hearing request
Except as otherwise provided by law, following a hearing requested by an
applicant pursuant to subdivision (b) of Section 485, the board may take any of
the following actions:
(a) Grant the license effective upon completion of all licensing requirements
by the applicant.
(b) Grant the license effective upon completion of all licensing requirements
by the applicant, immediately revoke the license, stay the revocation, and
impose probationary conditions on the license, which may include suspension.
(c) Deny the license.
(d) Take other action in relation to denying or granting the license as the
board in its discretion may deem proper.
Added Stats 2000 ch 568 § 2 (AB 2888).

§ 489. Denial of application without a hearing
Any agency in the department which is authorized by law to deny an
application for a license upon the grounds specified in Section 480 or 496, may
without a hearing deny an application upon any of those grounds, if within one
year previously, and after proceedings conducted in accordance with Chapter 5
(commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the
Government Code, that agency has denied an application from the same
applicant upon the same ground.
Added Stats 1955 ch 1151 § 1, as B & P C § 116. Amended Stats 1978 ch 1161 § 2. Renumbered by
Stats 1989 ch 1104 § 1. Amended Stats 1997 ch 758 § 2.5 (SB 1346).

CHAPTER 3
Suspension and Revocation of Licenses
§ 490. Grounds for suspension or revocation; Discipline for substantially related crimes; Conviction; Legislative findings
(a) In addition to any other action that a board is permitted to take against
a licensee, a board may suspend or revoke a license on the ground that the
licensee has been convicted of a crime, if the crime is substantially related to
the qualifications, functions, or duties of the business or profession for which
the license was issued.
(b) Notwithstanding any other provision of law, a board may exercise any
authority to discipline a licensee for conviction of a crime that is independent
of the authority granted under subdivision (a) only if the crime is substantially
related to the qualifications, functions, or duties of the business or profession
for which the licensee’s license was issued.
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(c) A conviction within the meaning of this section means a plea or verdict
of guilty or a conviction following a plea of nolo contendere. An action that a
board is permitted to take following the establishment of a conviction may be
taken when the time for appeal has elapsed, or the judgment of conviction has
been affirmed on appeal, or when an order granting probation is made
suspending the imposition of sentence, irrespective of a subsequent order
under Section 1203.4 of the Penal Code.
(d) The Legislature hereby finds and declares that the application of this
section has been made unclear by the holding in Petropoulos v. Department of
Real Estate (2006) 142 Cal.App.4th 554, and that the holding in that case has
placed a significant number of statutes and regulations in question, resulting
in potential harm to the consumers of California from licensees who have been
convicted of crimes. Therefore, the Legislature finds and declares that this
section establishes an independent basis for a board to impose discipline upon
a licensee, and that the amendments to this section made by Chapter 33 of the
Statutes of 2008 do not constitute a change to, but rather are declaratory of,
existing law.
Added Stats 1974 ch 1321 § 13. Amended Stats 1979 ch 876 § 3; Stats 1980 ch 548 § 1; Stats 1992
ch 1289 § 7 (AB 2743); Stats 2008 ch 33 § 2 (SB 797) (ch 33 prevails), effective June 23, 2008, ch 179
§ 3 (SB 1498), effective January 1, 2009; Stats 2010 ch 328 § 2 (SB 1330), effective January 1, 2011.

§ 490.5. Suspension of license for failure to comply with child support order
A board may suspend a license pursuant to Section 17520 of the Family Code
if a licensee is not in compliance with a child support order or judgment.
Added Stats 1994 ch 906 § 1 (AB 923), operative January 1, 1996. Amended Stats 2010 ch 328 § 3
(SB 1330), effective January 1, 2011.

§ 491. Procedure upon suspension or revocation
Upon suspension or revocation of a license by a board on one or more of the
grounds specified in Section 490, the board shall:
(a) Send a copy of the provisions of Section 11522 of the Government Code
to the ex-licensee.
(b) Send a copy of the criteria relating to rehabilitation formulated under
Section 482 to the ex-licensee.
Added Stats 1972 ch 903 § 1. Amended Stats 1974 ch 1321 § 14; Stats 1975 ch 678 § 1.

§ 492. Effect of completion of drug diversion program on disciplinary action or denial of license
Notwithstanding any other provision of law, successful completion of any
diversion program under the Penal Code, or successful completion of an alcohol
and drug problem assessment program under Article 5 (commencing with
Section 23249.50) of Chapter 12 of Division 11 of the Vehicle Code, shall not
prohibit any agency established under Division 2 (commencing with Section
500) of this code, or any initiative act referred to in that division, from taking
disciplinary action against a licensee or from denying a license for professional
misconduct, notwithstanding that evidence of that misconduct may be recorded in a record pertaining to an arrest.
This section shall not be construed to apply to any drug diversion program
operated by any agency established under Division 2 (commencing with
Section 500) of this code, or any initiative act referred to in that division.
Added Stats 1987 ch 1183 § 1. Amended Stats 1994 ch 26 § 15 (AB 1807), effective March 30, 1994.

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§ 493. Evidentiary effect of record of conviction of crime substantially related to licensee’s qualifications, functions, and duties
Notwithstanding any other provision of law, in a proceeding conducted by a
board within the department pursuant to law to deny an application for a
license or to suspend or revoke a license or otherwise take disciplinary action
against a person who holds a license, upon the ground that the applicant or the
licensee has been convicted of a crime substantially related to the qualifications, functions, and duties of the licensee in question, the record of conviction
of the crime shall be conclusive evidence of the fact that the conviction
occurred, but only of that fact, and the board may inquire into the circumstances surrounding the commission of the crime in order to fix the degree of
discipline or to determine if the conviction is substantially related to the
qualifications, functions, and duties of the licensee in question.
As used in this section, “license” includes “certificate,” “permit,” “authority,”
and “registration.”
Added Stats 1961 ch 934 § 1, as B & P C § 117. Amended Stats 1978 ch 1161 § 3. Renumbered by
Stats 1989 ch 1104 § 1.3.

§ 494. Interim suspension or restriction order
(a) A board or an administrative law judge sitting alone, as provided in
subdivision (h), may, upon petition, issue an interim order suspending any
licentiate or imposing license restrictions, including, but not limited to,
mandatory biological fluid testing, supervision, or remedial training. The
petition shall include affidavits that demonstrate, to the satisfaction of the
board, both of the following:
(1) The licentiate has engaged in acts or omissions constituting a violation
of this code or has been convicted of a crime substantially related to the
licensed activity.
(2) Permitting the licentiate to continue to engage in the licensed activity, or
permitting the licentiate to continue in the licensed activity without restrictions, would endanger the public health, safety, or welfare.
(b) No interim order provided for in this section shall be issued without
notice to the licentiate unless it appears from the petition and supporting
documents that serious injury would result to the public before the matter
could be heard on notice.
(c) Except as provided in subdivision (b), the licentiate shall be given at least
15 days’ notice of the hearing on the petition for an interim order. The notice
shall include documents submitted to the board in support of the petition. If
the order was initially issued without notice as provided in subdivision (b), the
licentiate shall be entitled to a hearing on the petition within 20 days of the
issuance of the interim order without notice. The licentiate shall be given
notice of the hearing within two days after issuance of the initial interim order,
and shall receive all documents in support of the petition. The failure of the
board to provide a hearing within 20 days following the issuance of the interim
order without notice, unless the licentiate waives his or her right to the
hearing, shall result in the dissolution of the interim order by operation of law.
(d) At the hearing on the petition for an interim order, the licentiate may:
(1) Be represented by counsel.
(2) Have a record made of the proceedings, copies of which shall be available
to the licentiate upon payment of costs computed in accordance with the
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provisions for transcript costs for judicial review contained in Section 11523 of
the Government Code.
(3) Present affidavits and other documentary evidence.
(4) Present oral argument.
(e) The board, or an administrative law judge sitting alone as provided in
subdivision (h), shall issue a decision on the petition for interim order within
five business days following submission of the matter. The standard of proof
required to obtain an interim order pursuant to this section shall be a
preponderance of the evidence standard. If the interim order was previously
issued without notice, the board shall determine whether the order shall
remain in effect, be dissolved, or modified.
(f) The board shall file an accusation within 15 days of the issuance of an
interim order. In the case of an interim order issued without notice, the time
shall run from the date of the order issued after the noticed hearing. If the
licentiate files a Notice of Defense, the hearing shall be held within 30 days of
the agency’s receipt of the Notice of Defense. A decision shall be rendered on
the accusation no later than 30 days after submission of the matter. Failure to
comply with any of the requirements in this subdivision shall dissolve the
interim order by operation of law.
(g) Interim orders shall be subject to judicial review pursuant to Section
1094.5 of the Code of Civil Procedure and shall be heard only in the superior
court in and for the Counties of Sacramento, San Francisco, Los Angeles, or
San Diego. The review of an interim order shall be limited to a determination
of whether the board abused its discretion in the issuance of the interim order.
Abuse of discretion is established if the respondent board has not proceeded in
the manner required by law, or if the court determines that the interim order
is not supported by substantial evidence in light of the whole record.
(h) The board may, in its sole discretion, delegate the hearing on any
petition for an interim order to an administrative law judge in the Office of
Administrative Hearings. If the board hears the noticed petition itself, an
administrative law judge shall preside at the hearing, rule on the admission
and exclusion of evidence, and advise the board on matters of law. The board
shall exercise all other powers relating to the conduct of the hearing but may
delegate any or all of them to the administrative law judge. When the petition
has been delegated to an administrative law judge, he or she shall sit alone and
exercise all of the powers of the board relating to the conduct of the hearing. A
decision issued by an administrative law judge sitting alone shall be final when
it is filed with the board. If the administrative law judge issues an interim
order without notice, he or she shall preside at the noticed hearing, unless
unavailable, in which case another administrative law judge may hear the
matter. The decision of the administrative law judge sitting alone on the
petition for an interim order is final, subject only to judicial review in
accordance with subdivision (g).
(i) Failure to comply with an interim order issued pursuant to subdivision
(a) or (b) shall constitute a separate cause for disciplinary action against any
licentiate, and may be heard at, and as a part of, the noticed hearing provided
for in subdivision (f). Allegations of noncompliance with the interim order may
be filed at any time prior to the rendering of a decision on the accusation.
Violation of the interim order is established upon proof that the licentiate was
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on notice of the interim order and its terms, and that the order was in effect at
the time of the violation. The finding of a violation of an interim order made at
the hearing on the accusation shall be reviewed as a part of any review of a
final decision of the agency.
If the interim order issued by the agency provides for anything less than a
complete suspension of the licentiate from his or her business or profession,
and the licentiate violates the interim order prior to the hearing on the
accusation provided for in subdivision (f), the agency may, upon notice to the
licentiate and proof of violation, modify or expand the interim order.
(j) A plea or verdict of guilty or a conviction after a plea of nolo contendere
is deemed to be a conviction within the meaning of this section. A certified
record of the conviction shall be conclusive evidence of the fact that the
conviction occurred. A board may take action under this section notwithstanding the fact that an appeal of the conviction may be taken.
(k) The interim orders provided for by this section shall be in addition to,
and not a limitation on, the authority to seek injunctive relief provided in any
other provision of law.
(l) In the case of a board, a petition for an interim order may be filed by the
executive officer. In the case of a bureau or program, a petition may be filed by
the chief or program administrator, as the case may be.
(m) “Board,” as used in this section, shall include any agency described in
Section 22, and any allied health agency within the jurisdiction of the Medical
Board of California. Board shall also include the Osteopathic Medical Board of
California and the State Board of Chiropractic Examiners. The provisions of
this section shall not be applicable to the Medical Board of California, the
Board of Podiatric Medicine, or the State Athletic Commission.
Added Stats 1993 ch 840 § 1 (SB 842). Amended Stats 1994 ch 1275 § 4 (SB 2101).

§ 494.5. Agency actions when licensee is on certified list; Definitions; Collection and distribution of certified list information; Timing; Notices; Challenges by applicants and licensees; Release forms;
Interagency agreements; Fees; Remedies; Inquiries and disclosure of
information; Severability
(a)(1) Except as provided in paragraphs (2), (3), and (4), a state governmental licensing entity shall refuse to issue, reactivate, reinstate, or renew a
license and shall suspend a license if a licensee’s name is included on a certified
list.
(2) The Department of Motor Vehicles shall suspend a license if a licensee’s
name is included on a certified list. Any reference in this section to the
issuance, reactivation, reinstatement, renewal, or denial of a license shall not
apply to the Department of Motor Vehicles.
(3) The State Bar of California may recommend to refuse to issue, reactivate, reinstate, or renew a license and may recommend to suspend a license if
a licensee’s name is included on a certified list. The word “may” shall be
substituted for the word “shall” relating to the issuance of a temporary license,
refusal to issue, reactivate, reinstate, renew, or suspend a license in this
section for licenses under the jurisdiction of the California Supreme Court.
(4) The Department of Alcoholic Beverage Control may refuse to issue,
reactivate, reinstate, or renew a license, and may suspend a license, if a
licensee’s name is included on a certified list.
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(b) For purposes of this section:
(1) “Certified list” means either the list provided by the State Board of
Equalization or the list provided by the Franchise Tax Board of persons whose
names appear on the lists of the 500 largest tax delinquencies pursuant to
Section 7063 or 19195 of the Revenue and Taxation Code, as applicable.
(2) “License” includes a certificate, registration, or any other authorization
to engage in a profession or occupation issued by a state governmental
licensing entity. “License” includes a driver’s license issued pursuant to
Chapter 1 (commencing with Section 12500) of Division 6 of the Vehicle Code.
“License” excludes a vehicle registration issued pursuant to Division 3 (commencing with Section 4000) of the Vehicle Code.
(3) “Licensee” means an individual authorized by a license to drive a motor
vehicle or authorized by a license, certificate, registration, or other authorization to engage in a profession or occupation issued by a state governmental
licensing entity.
(4) “State governmental licensing entity” means any entity listed in Section
101, 1000, or 19420, the office of the Attorney General, the Department of
Insurance, the Department of Motor Vehicles, the State Bar of California, the
Department of Real Estate, and any other state agency, board, or commission
that issues a license, certificate, or registration authorizing an individual to
engage in a profession or occupation, including any certificate, business or
occupational license, or permit or license issued by the Department of Motor
Vehicles or the Department of the California Highway Patrol. “State governmental licensing entity” shall not include the Contractors’ State License
Board.
(c) The State Board of Equalization and the Franchise Tax Board shall each
submit its respective certified list to every state governmental licensing entity.
The certified lists shall include the name, social security number or taxpayer
identification number, and the last known address of the persons identified on
the certified lists.
(d) Notwithstanding any other law, each state governmental licensing
entity shall collect the social security number or the federal taxpayer identification number from all applicants for the purposes of matching the names of
the certified lists provided by the State Board of Equalization and the
Franchise Tax Board to applicants and licensees.
(e)(1) Each state governmental licensing entity shall determine whether an
applicant or licensee is on the most recent certified list provided by the State
Board of Equalization and the Franchise Tax Board.
(2) If an applicant or licensee is on either of the certified lists, the state
governmental licensing entity shall immediately provide a preliminary notice
to the applicant or licensee of the entity’s intent to suspend or withhold
issuance or renewal of the license. The preliminary notice shall be delivered
personally or by mail to the applicant’s or licensee’s last known mailing
address on file with the state governmental licensing entity within 30 days of
receipt of the certified list. Service by mail shall be completed in accordance
with Section 1013 of the Code of Civil Procedure.
(A) The state governmental licensing entity shall issue a temporary license
valid for a period of 90 days to any applicant whose name is on a certified list
if the applicant is otherwise eligible for a license.
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(B) The 90-day time period for a temporary license shall not be extended.
Only one temporary license shall be issued during a regular license term and
the term of the temporary license shall coincide with the first 90 days of the
regular license term. A license for the full term or the remainder of the license
term may be issued or renewed only upon compliance with this section.
(C) In the event that a license is suspended or an application for a license or
the renewal of a license is denied pursuant to this section, any funds paid by
the applicant or licensee shall not be refunded by the state governmental
licensing entity.
(f)(1) A state governmental licensing entity shall refuse to issue or shall
suspend a license pursuant to this section no sooner than 90 days and no later
than 120 days of the mailing of the preliminary notice described in paragraph
(2) of subdivision (e), unless the state governmental licensing entity has
received a release pursuant to subdivision (h). The procedures in the administrative adjudication provisions of the Administrative Procedure Act (Chapter
4.5 (commencing with Section 11400) and Chapter 5 (commencing with Section
11500) of Part 1 of Division 3 of Title 2 of the Government Code) shall not apply
to the denial or suspension of, or refusal to renew, a license or the issuance of
a temporary license pursuant to this section.
(2) Notwithstanding any other law, if a board, bureau, or commission listed
in Section 101, other than the Contractors’ State License Board, fails to take
action in accordance with this section, the Department of Consumer Affairs
shall issue a temporary license or suspend or refuse to issue, reactivate,
reinstate, or renew a license, as appropriate.
(g) Notices shall be developed by each state governmental licensing entity.
For an applicant or licensee on the State Board of Equalization’s certified list,
the notice shall include the address and telephone number of the State Board
of Equalization, and shall emphasize the necessity of obtaining a release from
the State Board of Equalization as a condition for the issuance, renewal, or
continued valid status of a license or licenses. For an applicant or licensee on
the Franchise Tax Board’s certified list, the notice shall include the address
and telephone number of the Franchise Tax Board, and shall emphasize the
necessity of obtaining a release from the Franchise Tax Board as a condition
for the issuance, renewal, or continued valid status of a license or licenses.
(1) The notice shall inform the applicant that the state governmental
licensing entity shall issue a temporary license, as provided in subparagraph
(A) of paragraph (2) of subdivision (e), for 90 calendar days if the applicant is
otherwise eligible and that upon expiration of that time period, the license will
be denied unless the state governmental licensing entity has received a release
from the State Board of Equalization or the Franchise Tax Board, whichever is
applicable.
(2) The notice shall inform the licensee that any license suspended under
this section will remain suspended until the state governmental licensing
entity receives a release along with applications and fees, if applicable, to
reinstate the license.
(3) The notice shall also inform the applicant or licensee that if an application is denied or a license is suspended pursuant to this section, any moneys
paid by the applicant or licensee shall not be refunded by the state governmental licensing entity. The state governmental licensing entity shall also
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develop a form that the applicant or licensee shall use to request a release by
the State Board of Equalization or the Franchise Tax Board. A copy of this form
shall be included with every notice sent pursuant to this subdivision.
(h) If the applicant or licensee wishes to challenge the submission of his or
her name on a certified list, the applicant or licensee shall make a timely
written request for release to the State Board of Equalization or the Franchise
Tax Board, whichever is applicable. The State Board of Equalization or the
Franchise Tax Board shall immediately send a release to the appropriate state
governmental licensing entity and the applicant or licensee, if any of the
following conditions are met:
(1) The applicant or licensee has complied with the tax obligation, either by
payment of the unpaid taxes or entry into an installment payment agreement,
as described in Section 6832 or 19008 of the Revenue and Taxation Code, to
satisfy the unpaid taxes.
(2) The applicant or licensee has submitted a request for release not later
than 45 days after the applicant’s or licensee’s receipt of a preliminary notice
described in paragraph (2) of subdivision (e), but the State Board of Equalization or the Franchise Tax Board, whichever is applicable, will be unable to
complete the release review and send notice of its findings to the applicant or
licensee and state governmental licensing entity within 45 days after the State
Board of Equalization’s or the Franchise Tax Board’s receipt of the applicant’s
or licensee’s request for release. Whenever a release is granted under this
paragraph, and, notwithstanding that release, the applicable license or licenses have been suspended erroneously, the state governmental licensing
entity shall reinstate the applicable licenses with retroactive effect back to the
date of the erroneous suspension and that suspension shall not be reflected on
any license record.
(3) The applicant or licensee is unable to pay the outstanding tax obligation
due to a current financial hardship. “Financial hardship” means financial
hardship as determined by the State Board of Equalization or the Franchise
Tax Board, whichever is applicable, where the applicant or licensee is unable
to pay any part of the outstanding liability and the applicant or licensee is
unable to qualify for an installment payment arrangement as provided for by
Section 6832 or Section 19008 of the Revenue and Taxation Code. In order to
establish the existence of a financial hardship, the applicant or licensee shall
submit any information, including information related to reasonable business
and personal expenses, requested by the State Board of Equalization or the
Franchise Tax Board, whichever is applicable, for purposes of making that
determination.
(i) An applicant or licensee is required to act with diligence in responding to
notices from the state governmental licensing entity and the State Board of
Equalization or the Franchise Tax Board with the recognition that the
temporary license will lapse or the license suspension will go into effect after
90 days and that the State Board of Equalization or the Franchise Tax Board
must have time to act within that period. An applicant’s or licensee’s delay in
acting, without good cause, which directly results in the inability of the State
Board of Equalization or the Franchise Tax Board, whichever is applicable, to
complete a review of the applicant’s or licensee’s request for release shall not
constitute the diligence required under this section which would justify the
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issuance of a release. An applicant or licensee shall have the burden of
establishing that he or she diligently responded to notices from the state
governmental licensing entity or the State Board of Equalization or the
Franchise Tax Board and that any delay was not without good cause.
(j) The State Board of Equalization or the Franchise Tax Board shall create
release forms for use pursuant to this section. When the applicant or licensee
has complied with the tax obligation by payment of the unpaid taxes, or entry
into an installment payment agreement, or establishing the existence of a
current financial hardship as defined in paragraph (3) of subdivision (h), the
State Board of Equalization or the Franchise Tax Board, whichever is
applicable, shall mail a release form to the applicant or licensee and provide a
release to the appropriate state governmental licensing entity. Any state
governmental licensing entity that has received a release from the State Board
of Equalization and the Franchise Tax Board pursuant to this subdivision shall
process the release within five business days of its receipt. If the State Board
of Equalization or the Franchise Tax Board determines subsequent to the
issuance of a release that the licensee has not complied with their installment
payment agreement, the State Board of Equalization or the Franchise Tax
Board, whichever is applicable, shall notify the state governmental licensing
entity and the licensee in a format prescribed by the State Board of Equalization or the Franchise Tax Board, whichever is applicable, that the licensee is
not in compliance and the release shall be rescinded. The State Board of
Equalization and the Franchise Tax Board may, when it is economically
feasible for the state governmental licensing entity to develop an automated
process for complying with this subdivision, notify the state governmental
licensing entity in a manner prescribed by the State Board of Equalization or
the Franchise Tax Board, whichever is applicable, that the licensee has not
complied with the installment payment agreement. Upon receipt of this notice,
the state governmental licensing entity shall immediately notify the licensee
on a form prescribed by the state governmental licensing entity that the
licensee’s license will be suspended on a specific date, and this date shall be no
longer than 30 days from the date the form is mailed. The licensee shall be
further notified that the license will remain suspended until a new release is
issued in accordance with this subdivision.
(k) The State Board of Equalization and the Franchise Tax Board may enter
into interagency agreements with the state governmental licensing entities
necessary to implement this section.
(l) Notwithstanding any other law, a state governmental licensing entity,
with the approval of the appropriate department director or governing body,
may impose a fee on a licensee whose license has been suspended pursuant to
this section. The fee shall not exceed the amount necessary for the state
governmental licensing entity to cover its costs in carrying out the provisions
of this section. Fees imposed pursuant to this section shall be deposited in the
fund in which other fees imposed by the state governmental licensing entity
are deposited and shall be available to that entity upon appropriation in the
annual Budget Act.
(m) The process described in subdivision (h) shall constitute the sole
administrative remedy for contesting the issuance of a temporary license or
the denial or suspension of a license under this section.
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(n) Any state governmental licensing entity receiving an inquiry as to the
licensed status of an applicant or licensee who has had a license denied or
suspended under this section or who has been granted a temporary license
under this section shall respond that the license was denied or suspended or
the temporary license was issued only because the licensee appeared on a list
of the 500 largest tax delinquencies pursuant to Section 7063 or 19195 of the
Revenue and Taxation Code. Information collected pursuant to this section by
any state agency, board, or department shall be subject to the Information
Practices Act of 1977 (Chapter 1 (commencing with Section 1798) of Title 1.8 of
Part 4 of Division 3 of the Civil Code). Any state governmental licensing entity
that discloses on its Internet Web site or other publication that the licensee has
had a license denied or suspended under this section or has been granted a
temporary license under this section shall prominently disclose, in bold and
adjacent to the information regarding the status of the license, that the only
reason the license was denied, suspended, or temporarily issued is because the
licensee failed to pay taxes.
(o) Any rules and regulations issued pursuant to this section by any state
agency, board, or department may be adopted as emergency regulations in
accordance with the rulemaking provisions of the Administrative Procedure
Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of
Title 2 of the Government Code). The adoption of these regulations shall be
deemed an emergency and necessary for the immediate preservation of the
public peace, health, and safety, or general welfare. The regulations shall
become effective immediately upon filing with the Secretary of State.
(p) The State Board of Equalization, the Franchise Tax Board, and state
governmental licensing entities, as appropriate, shall adopt regulations as
necessary to implement this section.
(q)(1) Neither the state governmental licensing entity, nor any officer,
employee, or agent, or former officer, employee, or agent of a state governmental licensing entity, may disclose or use any information obtained from the
State Board of Equalization or the Franchise Tax Board, pursuant to this
section, except to inform the public of the denial, refusal to renew, or
suspension of a license or the issuance of a temporary license pursuant to this
section. The release or other use of information received by a state governmental licensing entity pursuant to this section, except as authorized by this
section, is punishable as a misdemeanor. This subdivision may not be interpreted to prevent the State Bar of California from filing a request with the
Supreme Court of California to suspend a member of the bar pursuant to this
section.
(2) A suspension of, or refusal to renew, a license or issuance of a temporary
license pursuant to this section does not constitute denial or discipline of a
licensee for purposes of any reporting requirements to the National Practitioner Data Bank and shall not be reported to the National Practitioner Data
Bank or the Healthcare Integrity and Protection Data Bank.
(3) Upon release from the certified list, the suspension or revocation of the
applicant’s or licensee’s license shall be purged from the state governmental
licensing entity’s Internet Web site or other publication within three business
days. This paragraph shall not apply to the State Bar of California.
(r) If any provision of this section or the application thereof to any person or
circumstance is held invalid, that invalidity shall not affect other provisions or
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applications of this section that can be given effect without the invalid
provision or application, and to this end the provisions of this section are
severable.
(s) All rights to review afforded by this section to an applicant shall also be
afforded to a licensee.
(t) Unless otherwise provided in this section, the policies, practices, and
procedures of a state governmental licensing entity with respect to license
suspensions under this section shall be the same as those applicable with
respect to suspensions pursuant to Section 17520 of the Family Code.
(u) No provision of this section shall be interpreted to allow a court to review
and prevent the collection of taxes prior to the payment of those taxes in
violation of the California Constitution.
(v) This section shall apply to any licensee whose name appears on a list of
the 500 largest tax delinquencies pursuant to Section 7063 or 19195 of the
Revenue and Taxation Code on or after July 1, 2012.
Added Stats 2011 ch 455 § 3 (AB 1424), effective January 1, 2012. Amended Stats 2012 ch 327 § 1
(SB 937), effective January 1, 2013.

§ 494.6. Suspension under Labor Code Section 244
(a) A business license regulated by this code may be subject to suspension or
revocation if the licensee has been determined by the Labor Commissioner or
the court to have violated subdivision (b) of Section 244 of the Labor Code and
the court or Labor Commissioner has taken into consideration any harm such
a suspension or revocation would cause to employees of the licensee, as well as
the good faith efforts of the licensee to resolve any alleged violations after
receiving notice.
(b) Notwithstanding subdivision (a), a licensee of an agency within the
Department of Consumer Affairs who has been found by the Labor Commissioner or the court to have violated subdivision (b) of Section 244 of the Labor
Code may be subject to disciplinary action by his or her respective licensing
agency.
(c) An employer shall not be subject to suspension or revocation under this
section for requiring a prospective or current employee to submit, within three
business days of the first day of work for pay, an I-9 Employment Eligibility
Verification form.
Added Stats 2013 ch 577 § 1 (SB 666), effective January 1, 2014. Amended Stats 2014 ch 71 § 1 (SB
1304), effective January 1, 2015.

CHAPTER 4
Public Reprovals
§ 495. Public reproval of licentiate or certificate holder for act constituting grounds for suspension or revocation of license or certificate; Proceedings
Notwithstanding any other provision of law, any entity authorized to issue a
license or certificate pursuant to this code may publicly reprove a licentiate or
certificate holder thereof, for any act that would constitute grounds to suspend
or revoke a license or certificate. Any proceedings for public reproval, public
reproval and suspension, or public reproval and revocation shall be conducted
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in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of
Division 3 of Title 2 of the Government Code, or, in the case of a licensee or
certificate holder under the jurisdiction of the State Department of Health
Services, in accordance with Section 100171 of the Health and Safety Code.
Added Stats 1977 ch 886 § 1. Amended Stats 1997 ch 220 § 2 (SB 68), effective August 4, 1997.

CHAPTER 5
Examination Security
§ 496. Grounds for denial, suspension, or revocation of license
A board may deny, suspend, revoke, or otherwise restrict a license on the
ground that an applicant or licensee has violated Section 123 pertaining to
subversion of licensing examinations.
Added Stats 1989 ch 1022 § 3.

§ 498. Fraud, deceit or misrepresentation as grounds for action
against license
A board may revoke, suspend, or otherwise restrict a license on the ground
that the licensee secured the license by fraud, deceit, or knowing misrepresentation of a material fact or by knowingly omitting to state a material fact.
Added Stats 1992 ch 1289 § 8 (AB 2743).

§ 499. Action against license based on licentiate’s actions regarding
application of another
A board may revoke, suspend, or otherwise restrict a license on the ground
that the licensee, in support of another person’s application for license,
knowingly made a false statement of a material fact or knowingly omitted to
state a material fact to the board regarding the application.
Added Stats 1992 ch 1289 § 9 (AB 2743).

DIVISION 2
Healing Arts
CHAPTER 1
General Provisions
ARTICLE 7.5
Health Care Practitioners
§ 680. Health care practitioner’s disclosure of name and license status
(a) Except as otherwise provided in this section, a health care practitioner
shall disclose, while working, his or her name and practitioner’s license status,
as granted by this state, on a name tag in at least 18-point type. A health care
practitioner in a practice or an office, whose license is prominently displayed,
may opt to not wear a name tag. If a health care practitioner or a licensed
clinical social worker is working in a psychiatric setting or in a setting that is
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not licensed by the state, the employing entity or agency shall have the
discretion to make an exception from the name tag requirement for individual
safety or therapeutic concerns. In the interest of public safety and consumer
awareness, it shall be unlawful for any person to use the title “nurse” in
reference to himself or herself and in any capacity, except for an individual who
is a registered nurse or a licensed vocational nurse, or as otherwise provided in
Section 2800. Nothing in this section shall prohibit a certified nurse assistant
from using his or her title.
(b) Facilities licensed by the State Department of Social Services, the State
Department of Public Health, or the State Department of Health Care Services
shall develop and implement policies to ensure that health care practitioners
providing care in those facilities are in compliance with subdivision (a). The
State Department of Social Services, the State Department of Public Health,
and the State Department of Health Care Services shall verify through
periodic inspections that the policies required pursuant to subdivision (a) have
been developed and implemented by the respective licensed facilities.
(c) For purposes of this article, “health care practitioner” means any person
who engages in acts that are the subject of licensure or regulation under this
division or under any initiative act referred to in this division.
Added Stats 1998 ch 1013 § 1 (AB 1439). Amended Stats 1999 ch 411 § 1 (AB 1433); Stats 2000 ch
135 § 2 (AB 2539); Stats 2012 ch 34 § 2 (SB 1009), effective June 27, 2012; Stats 2013 ch 23 § 1 (AB
82), effective June 27, 2013.

§ 680.5. Additional disclosures of specified information; Applicability
(a)(1) A health care practitioner licensed under Division 2 (commencing
with Section 500) shall communicate to a patient his or her name, stategranted practitioner license type, and highest level of academic degree, by one
or both of the following methods:
(A) In writing at the patient’s initial office visit.
(B) In a prominent display in an area visible to patients in his or her office.
(2) An individual licensed under Chapter 6 (commencing with Section 2700)
or Chapter 9 (commencing with Section 4000) is not required to disclose the
highest level of academic degree he or she holds.
(b) A person licensed under Chapter 5 (commencing with Section 2000) or
under the Osteopathic Act, who is certified by (1) an American Board of
Medical Specialties member board, (2) a board or association with requirements equivalent to a board described in paragraph (1) approved by that
person’s medical licensing authority, or (3) a board or association with an
Accreditation Council for Graduate Medical Education approved postgraduate
training program that provides complete training in the person’s specialty or
subspecialty, shall disclose the name of the board or association by either
method described in subdivision (a).
(c) A health care practitioner who chooses to disclose the information
required by subdivisions (a) and (b) pursuant to subparagraph (A) of paragraph (1) of subdivision (a) shall present that information in at least 24-point
type in the following format:
HEALTH CARE PRACTITIONER INFORMATION
1. Name and license . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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2. Highest level of academic degree . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3. Board certification (ABMS/MBC) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(d) This section shall not apply to the following health care practitioners:
(1) A person who provides professional medical services to enrollees of a
health care service plan that exclusively contracts with a single medical group
in a specific geographic area to provide or arrange for professional medical
services for the enrollees of the plan.
(2) A person who works in a facility licensed under Section 1250 of the
Health and Safety Code or in a clinical laboratory licensed under Section 1265.
(3) A person licensed under Chapter 3 (commencing with Section 1200),
Chapter 7.5 (commencing with Section 3300), Chapter 8.3 (commencing with
Section 3700), Chapter 11 (commencing with Section 4800), Chapter 13
(commencing with Section 4980), Chapter 14 (commencing with Section
4990.1), or Chapter 16 (commencing with Section 4999.10).
(e) A health care practitioner, who provides information regarding health
care services on an Internet Web site that is directly controlled or administered
by that health care practitioner or his or her office personnel, shall prominently
display on that Internet Web site the information required by this section.
Added Stats 2010 ch 436 § 1 (AB 583), effective January 1, 2011. Amended Stats 2011 ch 381 § 5 (SB
146), effective January 1, 2012.

§ 683. Reporting name and license number of licensee prohibited
from practicing
(a) A board shall report, within 10 working days, to the State Department of
Health Care Services the name and license number of a person whose license
has been revoked, suspended, surrendered, made inactive by the licensee, or
placed in another category that prohibits the licensee from practicing his or her
profession. The purpose of the reporting requirement is to prevent reimbursement by the state for Medi-Cal and Denti-Cal services provided after the
cancellation of a provider’s professional license.
(b) “Board,” as used in this section, means the Dental Board of California,
the Medical Board of California, the Board of Psychology, the State Board of
Optometry, the California State Board of Pharmacy, the Osteopathic Medical
Board of California, the State Board of Chiropractic Examiners, the Board of
Behavioral Sciences, and the California Board of Occupational Therapy.
(c) This section shall become operative on January 1, 2015.
Added Stats 2012 ch 154 § 2 (AB 367), effective January 1, 2013, operative January 1, 2015.

§ 686. Providing services via telehealth
A health care practitioner licensed under Division 2 (commencing with
Section 500) providing services via telehealth shall be subject to the requirements and definitions set forth in Section 2290.5, to the practice act relating to
his or her licensed profession, and to the regulations adopted by a board
pursuant to that practice act.
Added Stats 2012 ch 782 § 1 (AB 1733), effective January 1, 2013.

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ARTICLE 10.5
Unprofessional Conduct
§ 725. Excessive prescribing or treatment; Treatment for intractable
pain
(a) Repeated acts of clearly excessive prescribing, furnishing, dispensing, or
administering of drugs or treatment, repeated acts of clearly excessive use of
diagnostic procedures, or repeated acts of clearly excessive use of diagnostic or
treatment facilities as determined by the standard of the community of
licensees is unprofessional conduct for a physician and surgeon, dentist,
podiatrist, psychologist, physical therapist, chiropractor, optometrist, speechlanguage pathologist, or audiologist.
(b) Any person who engages in repeated acts of clearly excessive prescribing
or administering of drugs or treatment is guilty of a misdemeanor and shall be
punished by a fine of not less than one hundred dollars ($100) nor more than
six hundred dollars ($600), or by imprisonment for a term of not less than 60
days nor more than 180 days, or by both that fine and imprisonment.
(c) A practitioner who has a medical basis for prescribing, furnishing,
dispensing, or administering dangerous drugs or prescription controlled substances shall not be subject to disciplinary action or prosecution under this
section.
(d) No physician and surgeon shall be subject to disciplinary action pursuant to this section for treating intractable pain in compliance with Section
2241.5.
Added Stats 1979 ch 348 § 2. Amended Stats 1984 ch 769 § 1; Stats 1998 ch 984 § 1 (AB 2305); Stats
2006 ch 350 § 2 (AB 2198), ch 659 § 1.5 (SB 1475), effective January 1, 2007; Stats 2007 ch 130 § 2
(AB 299), effective January 1, 2008.

§ 726. Commission of act of sexual abuse or misconduct with patient or client
The commission of any act of sexual abuse, misconduct, or relations with a
patient, client, or customer constitutes unprofessional conduct and grounds for
disciplinary action for any person licensed under this division, under any
initiative act referred to in this division and under Chapter 17 (commencing
with Section 9000) of Division 3.
This section shall not apply to sexual contact between a physician and
surgeon and his or her spouse or person in an equivalent domestic relationship
when that physician and surgeon provides medical treatment, other than
psychotherapeutic treatment, to his or her spouse or person in an equivalent
domestic relationship.
Added Stats 1979 ch 955 § 1, as B & P C § 730. Renumbered by Stats 1981 ch 714 § 3. Amended
Stats 1983 ch 928 § 1; Stats 1993 ch 1072 § 1 (SB 743).

§ 727. Applicability of Evidence Code provisions
The provisions of subdivision (2) of Section 1103 of the Evidence Code shall
apply in disciplinary proceedings brought against a licensee for acts in
violation of Section 726.
Added Stats 1979 ch 955 § 1, as B & P C § 731. Amended and Renumbered by Stats 1981 ch 714 § 4.

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§ 728. Provision of brochure by psychotherapist to patient alleging
sexual intercourse or contact with previous psychotherapist during
course of prior treatment
(a) Any psychotherapist or employer of a psychotherapist who becomes
aware through a patient that the patient had alleged sexual intercourse or
alleged sexual contact with a previous psychotherapist during the course of a
prior treatment shall provide to the patient a brochure promulgated by the
department that delineates the rights of, and remedies for, patients who have
been involved sexually with their psychotherapists. Further, the psychotherapist or employer shall discuss with the patient the brochure prepared by the
department.
(b) Failure to comply with this section constitutes unprofessional conduct.
(c) For the purpose of this section, the following definitions apply:
(1) “Psychotherapist” means a physician and surgeon specializing in the
practice of psychiatry or practicing psychotherapy, a psychologist, a clinical
social worker, a marriage and family therapist, a licensed professional clinical
counselor, a psychological assistant, a marriage and family therapist registered intern or trainee, an intern or clinical counselor trainee, as specified in
Chapter 16 (commencing with Section 4999.10), or an associate clinical social
worker.
(2) “Sexual contact” means the touching of an intimate part of another
person.
(3) “Intimate part” and “touching” have the same meaning as defined in
subdivisions (g) and (e), respectively, of Section 243.4 of the Penal Code.
(4) “The course of a prior treatment” means the period of time during which
a patient first commences treatment for services that a psychotherapist is
authorized to provide under his or her scope of practice, or that the psychotherapist represents to the patient as being within his or her scope of practice,
until the psychotherapist-patient relationship is terminated.
Added Stats 1987 ch 1448 § 2. Amended Stats 1989 ch 1104 § 1.5; Stats 1992 ch 890 § 1 (SB 1394);
Stats 2002 ch 1013 § 6 (SB 2026); Stats 2009 ch 619 § 1 (SB 788), effective January 1, 2010; Stats
2010 ch 328 § 5 (SB 1330), effective January 1, 2011.

§ 729. Sexual exploitation of patient or client by physician and surgeon, or psychotherapist
(a) Any physician and surgeon, psychotherapist, alcohol and drug abuse
counselor or any person holding himself or herself out to be a physician and
surgeon, psychotherapist, or alcohol and drug abuse counselor, who engages in
an act of sexual intercourse, sodomy, oral copulation, or sexual contact with a
patient or client, or with a former patient or client when the relationship was
terminated primarily for the purpose of engaging in those acts, unless the
physician and surgeon, psychotherapist, or alcohol and drug abuse counselor
has referred the patient or client to an independent and objective physician
and surgeon, psychotherapist, or alcohol and drug abuse counselor recommended by a third-party physician and surgeon, psychotherapist, or alcohol
and drug abuse counselor for treatment, is guilty of sexual exploitation by a
physician and surgeon, psychotherapist, or alcohol and drug abuse counselor.
(b) Sexual exploitation by a physician and surgeon, psychotherapist, or
alcohol and drug abuse counselor is a public offense:
(1) An act in violation of subdivision (a) shall be punishable by imprisonment in a county jail for a period of not more than six months, or a fine not
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exceeding one thousand dollars ($1,000), or by both that imprisonment and
fine.
(2) Multiple acts in violation of subdivision (a) with a single victim, when
the offender has no prior conviction for sexual exploitation, shall be punishable
by imprisonment in a county jail for a period of not more than six months, or
a fine not exceeding one thousand dollars ($1,000), or by both that imprisonment and fine.
(3) An act or acts in violation of subdivision (a) with two or more victims
shall be punishable by imprisonment pursuant to subdivision (h) of Section
1170 of the Penal Code for a period of 16 months, two years, or three years, and
a fine not exceeding ten thousand dollars ($10,000); or the act or acts shall be
punishable by imprisonment in a county jail for a period of not more than one
year, or a fine not exceeding one thousand dollars ($1,000), or by both that
imprisonment and fine.
(4) Two or more acts in violation of subdivision (a) with a single victim, when
the offender has at least one prior conviction for sexual exploitation, shall be
punishable by imprisonment pursuant to subdivision (h) of Section 1170 of the
Penal Code for a period of 16 months, two years, or three years, and a fine not
exceeding ten thousand dollars ($10,000); or the act or acts shall be punishable
by imprisonment in a county jail for a period of not more than one year, or a
fine not exceeding one thousand dollars ($1,000), or by both that imprisonment
and fine.
(5) An act or acts in violation of subdivision (a) with two or more victims,
and the offender has at least one prior conviction for sexual exploitation, shall
be punishable by imprisonment pursuant to subdivision (h) of Section 1170 of
the Penal Code for a period of 16 months, two years, or three years, and a fine
not exceeding ten thousand dollars ($10,000).
For purposes of subdivision (a), in no instance shall consent of the patient or
client be a defense. However, physicians and surgeons shall not be guilty of
sexual exploitation for touching any intimate part of a patient or client unless
the touching is outside the scope of medical examination and treatment, or the
touching is done for sexual gratification.
(c) For purposes of this section:
(1) “Psychotherapist” has the same meaning as defined in Section 728.
(2) “Alcohol and drug abuse counselor” means an individual who holds
himself or herself out to be an alcohol or drug abuse professional or paraprofessional.
(3) “Sexual contact” means sexual intercourse or the touching of an intimate
part of a patient for the purpose of sexual arousal, gratification, or abuse.
(4) “Intimate part” and “touching” have the same meanings as defined in
Section 243.4 of the Penal Code.
(d) In the investigation and prosecution of a violation of this section, no
person shall seek to obtain disclosure of any confidential files of other patients,
clients, or former patients or clients of the physician and surgeon, psychotherapist, or alcohol and drug abuse counselor.
(e) This section does not apply to sexual contact between a physician and
surgeon and his or her spouse or person in an equivalent domestic relationship
when that physician and surgeon provides medical treatment, other than
psychotherapeutic treatment, to his or her spouse or person in an equivalent
domestic relationship.
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(f) If a physician and surgeon, psychotherapist, or alcohol and drug abuse
counselor in a professional partnership or similar group has sexual contact
with a patient in violation of this section, another physician and surgeon,
psychotherapist, or alcohol and drug abuse counselor in the partnership or
group shall not be subject to action under this section solely because of the
occurrence of that sexual contact.
Added Stats 1989 ch 795 § 1. Amended Stats 1993 ch 1072 § 2 (SB 743); Stats 1994 ch 146 § 2 (AB
3601); Stats 1995 ch 444 § 1 (SB 685); Stats 2011 ch 15 § 6 (AB 109), effective April 4, 2011, operative
October 1, 2011.

§ 731. Violations at work as unprofessional conduct
(a) Any person licensed, certified, registered, or otherwise subject to regulation pursuant to this division who engages in, or who aids or abets in, a
violation of Section 266h, 266i, 315, 316, or 318 of, or subdivision (a) or (b) of
Section 647 of, the Penal Code occurring in the work premises of, or work area
under the direct professional supervision or control of, that person, shall be
guilty of unprofessional conduct. The license, certification, or registration of
that person shall be subject to denial, suspension, or revocation by the
appropriate regulatory entity under this division.
(b) In addition to any penalty provided under any other provision of law, a
violation of subdivision (a) shall subject the person to a civil penalty in an
amount not to exceed two thousand five hundred dollars ($2,500) for the first
offense, and not to exceed five thousand dollars ($5,000) for each subsequent
offense, which may be assessed and recovered in a civil action brought by any
district attorney. If the action is brought by a district attorney, the penalty
recovered shall be paid to the treasurer of the county in which the judgment
was entered.
Added Stats 1998 ch 971 § 2 (AB 2721).

ARTICLE 11
Professional Reporting
§ 800. Central files of licensees’ individual historical records
(a) The Medical Board of California, the Board of Psychology, the Dental
Board of California, the Osteopathic Medical Board of California, the State
Board of Chiropractic Examiners, the Board of Registered Nursing, the Board
of Vocational Nursing and Psychiatric Technicians, the State Board of Optometry, the Veterinary Medical Board, the Board of Behavioral Sciences, the
Physical Therapy Board of California, the California State Board of Pharmacy,
the Speech-Language Pathology and Audiology and Hearing Aid Dispensers
Board, the California Board of Occupational Therapy, the Acupuncture Board,
and the Physician Assistant Board shall each separately create and maintain
a central file of the names of all persons who hold a license, certificate, or
similar authority from that board. Each central file shall be created and
maintained to provide an individual historical record for each licensee with
respect to the following information:
(1) Any conviction of a crime in this or any other state that constitutes
unprofessional conduct pursuant to the reporting requirements of Section 803.
(2) Any judgment or settlement requiring the licensee or his or her insurer
to pay any amount of damages in excess of three thousand dollars ($3,000) for
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any claim that injury or death was proximately caused by the licensee’s
negligence, error or omission in practice, or by rendering unauthorized
professional services, pursuant to the reporting requirements of Section 801 or
802.
(3) Any public complaints for which provision is made pursuant to subdivision (b).
(4) Disciplinary information reported pursuant to Section 805, including
any additional exculpatory or explanatory statements submitted by the
licentiate pursuant to subdivision (f) of Section 805. If a court finds, in a final
judgment, that the peer review resulting in the 805 report was conducted in
bad faith and the licensee who is the subject of the report notifies the board of
that finding, the board shall include that finding in the central file. For
purposes of this paragraph, “peer review” has the same meaning as defined in
Section 805.
(5) Information reported pursuant to Section 805.01, including any explanatory or exculpatory information submitted by the licensee pursuant to subdivision (b) of that section.
(b) Each board shall prescribe and promulgate forms on which members of
the public and other licensees or certificate holders may file written complaints
to the board alleging any act of misconduct in, or connected with, the
performance of professional services by the licensee.
If a board, or division thereof, a committee, or a panel has failed to act upon
a complaint or report within five years, or has found that the complaint or
report is without merit, the central file shall be purged of information relating
to the complaint or report.
Notwithstanding this subdivision, the Board of Psychology, the Board of
Behavioral Sciences, and the Respiratory Care Board of California shall
maintain complaints or reports as long as each board deems necessary.
(c) The contents of any central file that are not public records under any
other provision of law shall be confidential except that the licensee involved, or
his or her counsel or representative, shall have the right to inspect and have
copies made of his or her complete file except for the provision that may
disclose the identity of an information source. For the purposes of this section,
a board may protect an information source by providing a copy of the material
with only those deletions necessary to protect the identity of the source or by
providing a comprehensive summary of the substance of the material. Whichever method is used, the board shall ensure that full disclosure is made to the
subject of any personal information that could reasonably in any way reflect or
convey anything detrimental, disparaging, or threatening to a licensee’s
reputation, rights, benefits, privileges, or qualifications, or be used by a board
to make a determination that would affect a licensee’s rights, benefits,
privileges, or qualifications. The information required to be disclosed pursuant
to Section 803.1 shall not be considered among the contents of a central file for
the purposes of this subdivision.
The licensee may, but is not required to, submit any additional exculpatory
or explanatory statement or other information that the board shall include in
the central file.
Each board may permit any law enforcement or regulatory agency when
required for an investigation of unlawful activity or for licensing, certification,
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or regulatory purposes to inspect and have copies made of that licensee’s file,
unless the disclosure is otherwise prohibited by law.
These disclosures shall effect no change in the confidential status of these
records.
Added Stats 2d Ex Sess 1975 ch 1 § 2.3. Amended Stats 2d Ex Sess 1975 ch 2 § 1.005, effective
September 24, 1975, operative December 12, 1975; Stats 1976 ch 1185 § 1; Stats 1980 ch 1313 § 1;
Stats 1987 ch 721 § 1; Stats 1989 ch 354 § 1, ch 886 § 10 (ch 354 prevails); Stats 1991 ch 359 § 5
(AB 1332), ch 1091 § 1 (AB 1487) (ch 359 prevails); Stats 1994 ch 26 § 15.5 (AB 1807), effective
March 30, 1994; Stats 1995 ch 5 § 1 (SB 158), ch 60 § 6 (SB 42), effective July 6, 1995, ch 708 § 1.5
(SB 609); Stats 1997 ch 759 § 9 (SB 827); Stats 1999 ch 252 § 1 (AB 352), ch 655 § 2 (SB 1308); Stats
2002 ch 1085 § 1 (SB 1950), ch 1150 § 2.5 (SB 1955); Stats 2006 ch 659 § 2 (SB 1475), effective
January 1, 2007; Stats 2009 ch 308 § 9 (SB 819), effective January 1, 2010; Stats 2010 ch 505 § 1 (SB
700), effective January 1, 2011; Stats 2012 ch 332 § 1 (SB 1236), effective January 1, 2013.

§ 801. Insurers’ reports of malpractice settlements or arbitration
awards; Insured’s written consent to settlement
(a) Except as provided in Section 801.01 and subdivisions (b), (c), and (d) of
this section, every insurer providing professional liability insurance to a
person who holds a license, certificate, or similar authority from or under any
agency specified in subdivision (a) of Section 800 shall send a complete report
to that agency as to any settlement or arbitration award over three thousand
dollars ($3,000) of a claim or action for damages for death or personal injury
caused by that person’s negligence, error, or omission in practice, or by his or
her rendering of unauthorized professional services. The report shall be sent
within 30 days after the written settlement agreement has been reduced to
writing and signed by all parties thereto or within 30 days after service of the
arbitration award on the parties.
(b) Every insurer providing professional liability insurance to a person
licensed pursuant to Chapter 13 (commencing with Section 4980), Chapter 14
(commencing with Section 4990), or Chapter 16 (commencing with Section
4999.10) shall send a complete report to the Board of Behavioral Sciences as to
any settlement or arbitration award over ten thousand dollars ($10,000) of a
claim or action for damages for death or personal injury caused by that
person’s negligence, error, or omission in practice, or by his or her rendering of
unauthorized professional services. The report shall be sent within 30 days
after the written settlement agreement has been reduced to writing and signed
by all parties thereto or within 30 days after service of the arbitration award
on the parties.
(c) Every insurer providing professional liability insurance to a dentist
licensed pursuant to Chapter 4 (commencing with Section 1600) shall send a
complete report to the Dental Board of California as to any settlement or
arbitration award over ten thousand dollars ($10,000) of a claim or action for
damages for death or personal injury caused by that person’s negligence, error,
or omission in practice, or rendering of unauthorized professional services. The
report shall be sent within 30 days after the written settlement agreement has
been reduced to writing and signed by all parties thereto or within 30 days
after service of the arbitration award on the parties.
(d) Every insurer providing liability insurance to a veterinarian licensed
pursuant to Chapter 11 (commencing with Section 4800) shall send a complete
report to the Veterinary Medical Board of any settlement or arbitration award
over ten thousand dollars ($10,000) of a claim or action for damages for death
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or injury caused by that person’s negligence, error, or omission in practice, or
rendering of unauthorized professional service. The report shall be sent within
30 days after the written settlement agreement has been reduced to writing
and signed by all parties thereto or within 30 days after service of the
arbitration award on the parties.
(e) The insurer shall notify the claimant, or if the claimant is represented by
counsel, the insurer shall notify the claimant’s attorney, that the report
required by subdivision (a), (b), or (c) has been sent to the agency. If the
attorney has not received this notice within 45 days after the settlement was
reduced to writing and signed by all of the parties, the arbitration award was
served on the parties, or the date of entry of the civil judgment, the attorney
shall make the report to the agency.
(f) Notwithstanding any other provision of law, no insurer shall enter into a
settlement without the written consent of the insured, except that this
prohibition shall not void any settlement entered into without that written
consent. The requirement of written consent shall only be waived by both the
insured and the insurer. This section shall only apply to a settlement on a
policy of insurance executed or renewed on or after January 1, 1971.
Added Stats 2d Ex Sess 1975 ch 1 § 2.3. Amended Stats 1979 ch 923 § 1; Stats 1989 ch 398 § 1, ch
886 § 11 (ch 398 prevails); Stats 1991 ch 359 § 6 (AB 1332), ch 1091 § 2 (AB 1487) (ch 359 prevails);
Stats 1994 ch 468 § 1 (AB 559), ch 1206 § 8 (SB 1775); Stats 1995 ch 5 § 2 (SB 158); Stats 1997 ch
359 § 1 (AB 103); Stats 2002 ch 1085 § 2 (SB 1950); Stats 2004 ch 467 § 1 (SB 1548); Stats 2006 ch
223 § 3 (SB 1438) (ch 223 prevails), effective January 1, 2007, ch 538 § 2 (SB 1852); Stats 2009 ch
308 § 10 (SB 819), effective January 1, 2010; Stats 2011 ch 381 § 6 (SB 146), effective January 1,
2012.

§ 801.1. Report of settlement or arbitration award where state or
local government acts as self-insurer in cases of negligence, error,
omission in practice, or rendering of unauthorized services resulting in death or personal injury
(a) Every state or local governmental agency that self-insures a person who
holds a license, certificate, or similar authority from or under any agency
specified in subdivision (a) of Section 800 (except a person licensed pursuant to
Chapter 3 (commencing with Section 1200) or Chapter 5 (commencing with
Section 2000) or the Osteopathic Initiative Act) shall send a complete report to
that agency as to any settlement or arbitration award over three thousand
dollars ($3,000) of a claim or action for damages for death or personal injury
caused by that person’s negligence, error, or omission in practice, or rendering
of unauthorized professional services. The report shall be sent within 30 days
after the written settlement agreement has been reduced to writing and signed
by all parties thereto or within 30 days after service of the arbitration award
on the parties.
(b) Every state or local governmental agency that self-insures a person
licensed pursuant to Chapter 13 (commencing with Section 4980), Chapter 14
(commencing with Section 4990), or Chapter 16 (commencing with Section
4999.10) shall send a complete report to the Board of Behavioral Science
Examiners as to any settlement or arbitration award over ten thousand dollars
($10,000) of a claim or action for damages for death or personal injury caused
by that person’s negligence, error, or omission in practice, or rendering of
unauthorized professional services. The report shall be sent within 30 days
after the written settlement agreement has been reduced to writing and signed
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by all parties thereto or within 30 days after service of the arbitration award
on the parties.
Added Stats 1995 ch 708 § 2 (SB 609). Amended Stats 2002 ch 1085 § 3 (SB 1950); Stats 2006 ch 223
§ 5 (SB 1438), effective January 1, 2007; Stats 2011 ch 381 § 7 (SB 146), effective January 1, 2012.

§ 802. Reports of malpractice settlements or arbitration awards involving uninsured licensees; Penalties for noncompliance
(a) Every settlement, judgment, or arbitration award over three thousand
dollars ($3,000) of a claim or action for damages for death or personal injury
caused by negligence, error or omission in practice, or by the unauthorized
rendering of professional services, by a person who holds a license, certificate,
or other similar authority from an agency specified in subdivision (a) of Section
800 (except a person licensed pursuant to Chapter 3 (commencing with Section
1200) or Chapter 5 (commencing with Section 2000) or the Osteopathic
Initiative Act) who does not possess professional liability insurance as to that
claim shall, within 30 days after the written settlement agreement has been
reduced to writing and signed by all the parties thereto or 30 days after service
of the judgment or arbitration award on the parties, be reported to the agency
that issued the license, certificate, or similar authority. A complete report shall
be made by appropriate means by the person or his or her counsel, with a copy
of the communication to be sent to the claimant through his or her counsel if
the person is so represented, or directly if he or she is not. If, within 45 days of
the conclusion of the written settlement agreement or service of the judgment
or arbitration award on the parties, counsel for the claimant (or if the claimant
is not represented by counsel, the claimant himself or herself) has not received
a copy of the report, he or she shall himself or herself make the complete
report. Failure of the licensee or claimant (or, if represented by counsel, their
counsel) to comply with this section is a public offense punishable by a fine of
not less than fifty dollars ($50) or more than five hundred dollars ($500).
Knowing and intentional failure to comply with this section or conspiracy or
collusion not to comply with this section, or to hinder or impede any other
person in the compliance, is a public offense punishable by a fine of not less
than five thousand dollars ($5,000) nor more than fifty thousand dollars
($50,000).
(b) Every settlement, judgment, or arbitration award over ten thousand
dollars ($10,000) of a claim or action for damages for death or personal injury
caused by negligence, error or omission in practice, or by the unauthorized
rendering of professional services, by a marriage and family therapist, a
clinical social worker, or a professional clinical counselor licensed pursuant to
Chapter 13 (commencing with Section 4980), Chapter 14 (commencing with
Section 4990), or Chapter 16 (commencing with Section 4999.10), respectively,
who does not possess professional liability insurance as to that claim shall
within 30 days after the written settlement agreement has been reduced to
writing and signed by all the parties thereto or 30 days after service of the
judgment or arbitration award on the parties be reported to the agency that
issued the license, certificate, or similar authority. A complete report shall be
made by appropriate means by the person or his or her counsel, with a copy of
the communication to be sent to the claimant through his or her counsel if he
or she is so represented, or directly if he or she is not. If, within 45 days of the
conclusion of the written settlement agreement or service of the judgment or
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arbitration award on the parties, counsel for the claimant (or if he or she is not
represented by counsel, the claimant himself or herself) has not received a copy
of the report, he or she shall himself or herself make a complete report. Failure
of the marriage and family therapist, clinical social worker, or professional
clinical counselor or claimant (or, if represented by counsel, his or her counsel)
to comply with this section is a public offense punishable by a fine of not less
than fifty dollars ($50) nor more than five hundred dollars ($500). Knowing and
intentional failure to comply with this section, or conspiracy or collusion not to
comply with this section or to hinder or impede any other person in that
compliance, is a public offense punishable by a fine of not less than five
thousand dollars ($5,000) nor more than fifty thousand dollars ($50,000).
Added Stats 2d Ex Sess 1975 ch 1 § 2.3. Amended Stats 1979 ch 923 § 2; Stats 1989 ch 398 § 2; Stats
1997 ch 359 § 2 (AB 103); Stats 2001 ch 728 § 1.5 (SB 724); Stats 2002 ch 1085 § 4 (SB 1950); Stats
2005 ch 674 § 4 (SB 231), effective January 1, 2006; Stats 2006 ch 223 § 6 (SB 1438), effective
January 1, 2007; Stats 2011 ch 381 § 8 (SB 146), effective January 1, 2012.

§ 803. Report of crime or liability for death or injury on part of
specified licensees to licensing agency
(a) Except as provided in subdivision (b), within 10 days after a judgment by
a court of this state that a person who holds a license, certificate, or other
similar authority from the Board of Behavioral Sciences or from an agency
mentioned in subdivision (a) of Section 800 (except a person licensed pursuant
to Chapter 3 (commencing with Section 1200)) has committed a crime, or is
liable for any death or personal injury resulting in a judgment for an amount
in excess of thirty thousand dollars ($30,000) caused by his or her negligence,
error or omission in practice, or his or her rendering unauthorized professional
services, the clerk of the court that rendered the judgment shall report that
fact to the agency that issued the license, certificate, or other similar authority.
(b) For purposes of a physician and surgeon, osteopathic physician and
surgeon, doctor of podiatric medicine, or physician assistant, who is liable for
any death or personal injury resulting in a judgment of any amount caused by
his or her negligence, error or omission in practice, or his or her rendering
unauthorized professional services, the clerk of the court that rendered the
judgment shall report that fact to the agency that issued the license.
Added Stats 1993 ch 1267 § 4 (SB 916). Amended Stats 1995 ch 708 § 4 (SB 609); Stats 1997 ch 359
§ 3 (AB 103); Stats 2001 ch 728 § 2 (SB 724); Stats 2005 ch 216 § 3 (AB 268), effective January 1,
2006; Stats 2006 ch 223 § 9 (SB 1438), effective January 1, 2007; Stats 2009 ch 308 § 11 (SB 819),
effective January 1, 2010; Stats 2012 ch 332 § 5 (SB 1236), effective January 1, 2013.

§ 803.5. Notice to board of filing charging licensee with felony;
Transmittal of copy of conviction
(a) The district attorney, city attorney, or other prosecuting agency shall
notify the Medical Board of California, the Osteopathic Medical Board of
California, the California Board of Podiatric Medicine, the State Board of
Chiropractic Examiners, the Physician Assistant Board, or other appropriate
allied health board, and the clerk of the court in which the charges have been
filed, of any filings against a licensee of that board charging a felony
immediately upon obtaining information that the defendant is a licensee of the
board. The notice shall identify the licensee and describe the crimes charged
and the facts alleged. The prosecuting agency shall also notify the clerk of the
court in which the action is pending that the defendant is a licensee, and the
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clerk shall record prominently in the file that the defendant holds a license
from one of the boards described above.
(b) The clerk of the court in which a licensee of one of the boards is convicted
of a crime shall, within 48 hours after the conviction, transmit a certified copy
of the record of conviction to the applicable board.
Added Stats 1990 ch 1597 § 3 (SB 2375). Amended Stats 1993 ch 1267 § 6 (SB 916); Stats 1994 ch
1206 § 12 (SB 1775); Stats 1995 ch 708 § 6 (SB 609); Stats 2000 ch 867 § 4 (SB 1988); Stats 2005
ch 216 § 4 (AB 268), effective January 1, 2006; Stats 2006 ch 223 § 13 (SB 1438), effective January
1, 2007; Stats 2012 ch 332 § 7 (SB 1236), effective January 1, 2013.

§ 803.6. Transmittal of felony preliminary hearing transcript concerning licensee to board; Transmittal of probation report
(a) The clerk of the court shall transmit any felony preliminary hearing
transcript concerning a defendant licensee to the Medical Board of California,
the Osteopathic Medical Board of California, the California Board of Podiatric
Medicine, the Physician Assistant Board, or other appropriate allied health
board, as applicable, where the total length of the transcript is under 800 pages
and shall notify the appropriate board of any proceeding where the transcript
exceeds that length.
(b) In any case where a probation report on a licensee is prepared for a court
pursuant to Section 1203 of the Penal Code, a copy of that report shall be
transmitted by the probation officer to the board.
Added Stats 1990 ch 1597 § 4 (SB 2375). Amended Stats 1993 ch 1267 § 7 (SB 916); Stats 2005 ch
216 § 5 (AB 268), effective January 1, 2006; Stats 2012 ch 332 § 8 (SB 1236), effective January 1,
2013.

§ 804. Form and content of reports
(a) Any agency to whom reports are to be sent under Section 801, 801.1, 802,
or 803, may develop a prescribed form for the making of the reports, usage of
which it may, but need not, by regulation, require in all cases.
(b) A report required to be made by Sections 801, 801.1, or 802 shall be
deemed complete only if it includes the following information: (1) the name and
last known business and residential addresses of every plaintiff or claimant
involved in the matter, whether or not each plaintiff or claimant recovered
anything; (2) the name and last known business and residential addresses of
every physician or provider of health care services who was claimed or alleged
to have acted improperly, whether or not that person was a named defendant
and whether or not any recovery or judgment was had against that person; (3)
the name, address, and principal place of business of every insurer providing
professional liability insurance as to any person named in (2), and the
insured’s policy number; (4) the name of the court in which the action or any
part of the action was filed along with the date of filing and docket number of
each action; (5) a brief description or summary of the facts upon which each
claim, charge or judgment rested including the date of occurrence; (6) the
names and last known business and residential addresses of every person who
acted as counsel for any party in the litigation or negotiations, along with an
identification of the party whom said person represented; (7) the date and
amount of final judgment or settlement; and (8) any other information the
agency to whom the reports are to be sent may, by regulation, require.
(c) Every person named in the report, who is notified by the board within 60
days of the filing of the report, shall maintain for the period of three years from
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the filing of the report any records he or she has as to the matter in question
and shall make those available upon request to the agency with which the
report was filed.
Added Stats 2d Ex Sess 1975 ch 1 § 2.3. Amended Stats 2d Ex Sess 1975 ch 2 § 1.01, effective
September 24, 1975, operative December 12, 1975; Stats 1994 ch 1206 § 13 (SB 1775); Stats 1995 ch
708 § 7 (SB 609); Stats 2006 ch 223 § 14 (SB 1438), effective January 1, 2007.

§ 805. Peer review; Reports
(a) As used in this section, the following terms have the following definitions:
(1)(A) “Peer review” means both of the following:
(i) A process in which a peer review body reviews the basic qualifications,
staff privileges, employment, medical outcomes, or professional conduct of
licentiates to make recommendations for quality improvement and education,
if necessary, in order to do either or both of the following:
(I) Determine whether a licentiate may practice or continue to practice in a
health care facility, clinic, or other setting providing medical services, and, if
so, to determine the parameters of that practice.
(II) Assess and improve the quality of care rendered in a health care facility,
clinic, or other setting providing medical services.
(ii) Any other activities of a peer review body as specified in subparagraph
(B).
(B) “Peer review body” includes:
(i) A medical or professional staff of any health care facility or clinic licensed
under Division 2 (commencing with Section 1200) of the Health and Safety
Code or of a facility certified to participate in the federal Medicare program as
an ambulatory surgical center.
(ii) A health care service plan licensed under Chapter 2.2 (commencing with
Section 1340) of Division 2 of the Health and Safety Code or a disability insurer
that contracts with licentiates to provide services at alternative rates of
payment pursuant to Section 10133 of the Insurance Code.
(iii) Any medical, psychological, marriage and family therapy, social work,
professional clinical counselor, dental, or podiatric professional society having
as members at least 25 percent of the eligible licentiates in the area in which
it functions (which must include at least one county), which is not organized for
profit and which has been determined to be exempt from taxes pursuant to
Section 23701 of the Revenue and Taxation Code.
(iv) A committee organized by any entity consisting of or employing more
than 25 licentiates of the same class that functions for the purpose of reviewing
the quality of professional care provided by members or employees of that
entity.
(2) “Licentiate” means a physician and surgeon, doctor of podiatric medicine, clinical psychologist, marriage and family therapist, clinical social
worker, professional clinical counselor, dentist, or physician assistant. “Licentiate” also includes a person authorized to practice medicine pursuant to
Section 2113 or 2168.
(3) “Agency” means the relevant state licensing agency having regulatory
jurisdiction over the licentiates listed in paragraph (2).
(4) “Staff privileges” means any arrangement under which a licentiate is
allowed to practice in or provide care for patients in a health facility. Those
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arrangements shall include, but are not limited to, full staff privileges, active
staff privileges, limited staff privileges, auxiliary staff privileges, provisional
staff privileges, temporary staff privileges, courtesy staff privileges, locum
tenens arrangements, and contractual arrangements to provide professional
services, including, but not limited to, arrangements to provide outpatient
services.
(5) “Denial or termination of staff privileges, membership, or employment”
includes failure or refusal to renew a contract or to renew, extend, or
reestablish any staff privileges, if the action is based on medical disciplinary
cause or reason.
(6) “Medical disciplinary cause or reason” means that aspect of a licentiate’s
competence or professional conduct that is reasonably likely to be detrimental
to patient safety or to the delivery of patient care.
(7) “805 report” means the written report required under subdivision (b).
(b) The chief of staff of a medical or professional staff or other chief executive
officer, medical director, or administrator of any peer review body and the chief
executive officer or administrator of any licensed health care facility or clinic
shall file an 805 report with the relevant agency within 15 days after the
effective date on which any of the following occur as a result of an action of a
peer review body:
(1) A licentiate’s application for staff privileges or membership is denied or
rejected for a medical disciplinary cause or reason.
(2) A licentiate’s membership, staff privileges, or employment is terminated
or revoked for a medical disciplinary cause or reason.
(3) Restrictions are imposed, or voluntarily accepted, on staff privileges,
membership, or employment for a cumulative total of 30 days or more for any
12-month period, for a medical disciplinary cause or reason.
(c) If a licentiate takes any action listed in paragraph (1), (2), or (3) after
receiving notice of a pending investigation initiated for a medical disciplinary
cause or reason or after receiving notice that his or her application for
membership or staff privileges is denied or will be denied for a medical
disciplinary cause or reason, the chief of staff of a medical or professional staff
or other chief executive officer, medical director, or administrator of any peer
review body and the chief executive officer or administrator of any licensed
health care facility or clinic where the licentiate is employed or has staff
privileges or membership or where the licentiate applied for staff privileges or
membership, or sought the renewal thereof, shall file an 805 report with the
relevant agency within 15 days after the licentiate takes the action.
(1) Resigns or takes a leave of absence from membership, staff privileges, or
employment.
(2) Withdraws or abandons his or her application for staff privileges or
membership.
(3) Withdraws or abandons his or her request for renewal of staff privileges
or membership.
(d) For purposes of filing an 805 report, the signature of at least one of the
individuals indicated in subdivision (b) or (c) on the completed form shall
constitute compliance with the requirement to file the report.
(e) An 805 report shall also be filed within 15 days following the imposition
of summary suspension of staff privileges, membership, or employment, if the
summary suspension remains in effect for a period in excess of 14 days.
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(f) A copy of the 805 report, and a notice advising the licentiate of his or her
right to submit additional statements or other information, electronically or
otherwise, pursuant to Section 800, shall be sent by the peer review body to the
licentiate named in the report. The notice shall also advise the licentiate that
information submitted electronically will be publicly disclosed to those who
request the information.
The information to be reported in an 805 report shall include the name and
license number of the licentiate involved, a description of the facts and
circumstances of the medical disciplinary cause or reason, and any other
relevant information deemed appropriate by the reporter.
A supplemental report shall also be made within 30 days following the date
the licentiate is deemed to have satisfied any terms, conditions, or sanctions
imposed as disciplinary action by the reporting peer review body. In performing its dissemination functions required by Section 805.5, the agency shall
include a copy of a supplemental report, if any, whenever it furnishes a copy of
the original 805 report.
If another peer review body is required to file an 805 report, a health care
service plan is not required to file a separate report with respect to action
attributable to the same medical disciplinary cause or reason. If the Medical
Board of California or a licensing agency of another state revokes or suspends,
without a stay, the license of a physician and surgeon, a peer review body is not
required to file an 805 report when it takes an action as a result of the
revocation or suspension.
(g) The reporting required by this section shall not act as a waiver of
confidentiality of medical records and committee reports. The information
reported or disclosed shall be kept confidential except as provided in subdivision (c) of Section 800 and Sections 803.1 and 2027, provided that a copy of the
report containing the information required by this section may be disclosed as
required by Section 805.5 with respect to reports received on or after January
1, 1976.
(h) The Medical Board of California, the Osteopathic Medical Board of
California, and the Dental Board of California shall disclose reports as
required by Section 805.5.
(i) An 805 report shall be maintained electronically by an agency for
dissemination purposes for a period of three years after receipt.
(j) No person shall incur any civil or criminal liability as the result of
making any report required by this section.
(k) A willful failure to file an 805 report by any person who is designated or
otherwise required by law to file an 805 report is punishable by a fine not to
exceed one hundred thousand dollars ($100,000) per violation. The fine may be
imposed in any civil or administrative action or proceeding brought by or on
behalf of any agency having regulatory jurisdiction over the person regarding
whom the report was or should have been filed. If the person who is designated
or otherwise required to file an 805 report is a licensed physician and surgeon,
the action or proceeding shall be brought by the Medical Board of California.
The fine shall be paid to that agency but not expended until appropriated by
the Legislature. A violation of this subdivision may constitute unprofessional
conduct by the licentiate. A person who is alleged to have violated this
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sion, “willful” means a voluntary and intentional violation of a known legal
duty.
(l) Except as otherwise provided in subdivision (k), any failure by the
administrator of any peer review body, the chief executive officer or administrator of any health care facility, or any person who is designated or otherwise
required by law to file an 805 report, shall be punishable by a fine that under
no circumstances shall exceed fifty thousand dollars ($50,000) per violation.
The fine may be imposed in any civil or administrative action or proceeding
brought by or on behalf of any agency having regulatory jurisdiction over the
person regarding whom the report was or should have been filed. If the person
who is designated or otherwise required to file an 805 report is a licensed
physician and surgeon, the action or proceeding shall be brought by the
Medical Board of California. The fine shall be paid to that agency but not
expended until appropriated by the Legislature. The amount of the fine
imposed, not exceeding fifty thousand dollars ($50,000) per violation, shall be
proportional to the severity of the failure to report and shall differ based upon
written findings, including whether the failure to file caused harm to a patient
or created a risk to patient safety; whether the administrator of any peer
review body, the chief executive officer or administrator of any health care
facility, or any person who is designated or otherwise required by law to file an
805 report exercised due diligence despite the failure to file or whether they
knew or should have known that an 805 report would not be filed; and whether
there has been a prior failure to file an 805 report. The amount of the fine
imposed may also differ based on whether a health care facility is a small or
rural hospital as defined in Section 124840 of the Health and Safety Code.
(m) A health care service plan licensed under Chapter 2.2 (commencing with
Section 1340) of Division 2 of the Health and Safety Code or a disability insurer
that negotiates and enters into a contract with licentiates to provide services
at alternative rates of payment pursuant to Section 10133 of the Insurance
Code, when determining participation with the plan or insurer, shall evaluate,
on a case-by-case basis, licentiates who are the subject of an 805 report, and
not automatically exclude or deselect these licentiates.
Added Stats 1987 ch 1044 § 3. Amended Stats 1988 ch 419 § 1; Stats 1989 ch 886 § 12 (ch 1070
prevails), ch 1070 § 1; Stats 1990 ch 196 § 1 (AB 1565), ch 1597 § 5 (SB 2375); Stats 1991 ch 359 § 7
(AB 1332); Stats 1993 ch 1267 § 8 (SB 916); Stats 1995 ch 279 § 1 (AB 1471); Stats 1997 ch 359 § 6
(AB 103); Stats 1999 ch 252 § 2 (AB 352); Stats 2001 ch 614 § 2 (SB 16); Stats 2002 ch 1012 § 3 (SB
2025), effective September 27, 2002; Stats 2006 ch 223 § 16 (SB 1438), effective January 1, 2007;
Stats 2009 ch 307 § 2 (SB 821), effective January 1, 2010; Stats 2010 ch 505 § 3 (SB 700), effective
January 1, 2011; Stats 2011 ch 381 § 9 (SB 146), effective January 1, 2012; Stats 2012 ch 332 § 9 (SB
1236), effective January 1, 2013.

§ 805.5. Request for report prior to grant or renewal of staff privileges; Penalties for violation
(a) Prior to granting or renewing staff privileges for any physician and
surgeon, psychologist, podiatrist, or dentist, any health facility licensed
pursuant to Division 2 (commencing with Section 1200) of the Health and
Safety Code, or any health care service plan or medical care foundation, or the
medical staff of the institution shall request a report from the Medical Board
of California, the Board of Psychology, the Osteopathic Medical Board of
California, or the Dental Board of California to determine if any report has
been made pursuant to Section 805 indicating that the applying physician and
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surgeon, psychologist, podiatrist, or dentist has been denied staff privileges,
been removed from a medical staff, or had his or her staff privileges restricted
as provided in Section 805. The request shall include the name and California
license number of the physician and surgeon, psychologist, podiatrist, or
dentist. Furnishing of a copy of the 805 report shall not cause the 805 report
to be a public record.
(b) Upon a request made by, or on behalf of, an institution described in
subdivision (a) or its medical staff the board shall furnish a copy of any report
made pursuant to Section 805 as well as any additional exculpatory or
explanatory information submitted electronically to the board by the licensee
pursuant to subdivision (f) of that section. However, the board shall not send
a copy of a report (1) if the denial, removal, or restriction was imposed solely
because of the failure to complete medical records, (2) if the board has found
the information reported is without merit, (3) if a court finds, in a final
judgment, that the peer review, as defined in Section 805, resulting in the
report was conducted in bad faith and the licensee who is the subject of the
report notifies the board of that finding, or (4) if a period of three years has
elapsed since the report was submitted. This three-year period shall be tolled
during any period the licentiate has obtained a judicial order precluding
disclosure of the report, unless the board is finally and permanently precluded
by judicial order from disclosing the report. If a request is received by the board
while the board is subject to a judicial order limiting or precluding disclosure,
the board shall provide a disclosure to any qualified requesting party as soon
as practicable after the judicial order is no longer in force.
If the board fails to advise the institution within 30 working days following
its request for a report required by this section, the institution may grant or
renew staff privileges for the physician and surgeon, psychologist, podiatrist,
or dentist.
(c) Any institution described in subdivision (a) or its medical staff that
violates subdivision (a) is guilty of a misdemeanor and shall be punished by a
fine of not less than two hundred dollars ($200) nor more than one thousand
two hundred dollars ($1,200).
Added Stats 1979 ch 602 § 2. Amended Stats 1983 ch 1092 § 4, effective September 27, 1983,
operative January 1, 1984; Stats 1987 ch 721 § 2; Stats 1989 ch 886 § 14; Stats 1991 ch 359 § 9 (AB
1332); Stats 1999 ch 655 § 3 (SB 1308); Stats 2001 ch 614 § 5 (SB 16); Stats 2010 ch 505 § 6 (SB 700),
effective January 1, 2011.

§ 806. Statistical reports and recommendations to Legislature
Each agency in the department receiving reports pursuant to the preceding
sections shall prepare a statistical report based upon these records for
presentation to the Legislature not later than 30 days after the commencement
of each regular session of the Legislature, including by the type of peer review
body, and, where applicable, type of health care facility, the number of reports
received and a summary of administrative and disciplinary action taken with
respect to these reports and any recommendations for corrective legislation if
the agency considers legislation to be necessary.
Added Stats 2d Ex Sess 1975 ch 1 § 2.3. Amended Stats 2001 ch 614 § 8 (SB 16).

§ 808.5. Filing of reports
For purposes of this article, reports affecting psychologists required to be
filed under Sections 801, 801.1, 802, 803, 803.5, and 803.6 shall be filed with
the Board of Psychology of the Department of Consumer Affairs.
Added Stats 1999 ch 655 § 4 (SB 1308).

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ARTICLE 12.5
Mental Illness or Physical Illness
§ 820. Examination of licentiate for mental illness or physical illness affecting competency
Whenever it appears that any person holding a license, certificate or permit
under this division or under any initiative act referred to in this division may
be unable to practice his or her profession safely because the licentiate’s ability
to practice is impaired due to mental illness, or physical illness affecting
competency, the licensing agency may order the licentiate to be examined by
one or more physicians and surgeons or psychologists designated by the
agency. The report of the examiners shall be made available to the licentiate
and may be received as direct evidence in proceedings conducted pursuant to
Section 822.
Added Stats 1982 ch 1183 § 1. Amended Stats 1989 ch 1104 § 1.7.

§ 821. Effect of licentiate’s failure to comply with order for examination
The licentiate’s failure to comply with an order issued under Section 820
shall constitute grounds for the suspension or revocation of the licentiate’s
certificate or license.
Added Stats 1982 ch 1183 § 1.

§ 822. Action by licensing agency
If a licensing agency determines that its licentiate’s ability to practice his or
her profession safely is impaired because the licentiate is mentally ill, or
physically ill affecting competency, the licensing agency may take action by
any one of the following methods:
(a) Revoking the licentiate’s certificate or license.
(b) Suspending the licentiate’s right to practice.
(c) Placing the licentiate on probation.
(d) Taking such other action in relation to the licentiate as the licensing
agency in its discretion deems proper.
The licensing agency shall not reinstate a revoked or suspended certificate or
license until it has received competent evidence of the absence or control of the
condition which caused its action and until it is satisfied that with due regard
for the public health and safety the person’s right to practice his or her
profession may be safely reinstated.
Added Stats 1982 ch 1183 § 1.

§ 823. Reinstatement of licentiate
Notwithstanding any other provisions of law, reinstatement of a licentiate
against whom action has been taken pursuant to Section 822 shall be governed
by the procedures in this article. In reinstating a certificate or license which
has been revoked or suspended under Section 822, the licensing agency may
impose terms and conditions to be complied with by the licentiate after the
certificate or license has been reinstated. The authority of the licensing agency
to impose terms and conditions includes, but is not limited to, the following:
(a) Requiring the licentiate to obtain additional professional training and to
pass an examination upon the completion of the training.
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(b) Requiring the licentiate to pass an oral, written, practical, or clinical
examination, or any combination thereof to determine his or her present
fitness to engage in the practice of his or her profession.
(c) Requiring the licentiate to submit to a complete diagnostic examination
by one or more physicians and surgeons or psychologists appointed by the
licensing agency. If the licensing agency requires the licentiate to submit to
such an examination, the licensing agency shall receive and consider any other
report of a complete diagnostic examination given by one or more physicians
and surgeons or psychologists of the licentiate’s choice.
(d) Requiring the licentiate to undergo continuing treatment.
(e) Restricting or limiting the extent, scope or type of practice of the
licentiate.
Added Stats 1982 ch 1183 § 1.

§ 824. Options open to licensing agency when proceeding against
licentiate
The licensing agency may proceed against a licentiate under either Section
820, or 822, or under both sections.
Added Stats 1982 ch 1183 § 1.

§ 826. Format of proceedings under Sections 821 and 822; Rights
and powers
The proceedings under Sections 821 and 822 shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3
of Title 2 of the Government Code, and the licensing agency and the licentiate
shall have all the rights and powers granted therein.
Added Stats 1982 ch 1183 § 1.

§ 827. Authority of licensing agency to convene in closed session
Notwithstanding the provisions of Article 9 (commencing with Section
11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code,
relating to public meetings, the licensing agency may convene in closed session
to consider any evidence relating to the licentiate’s mental or physical illness
obtained pursuant to the proceedings under Section 820. The licensing agency
shall only convene in closed session to the extent that it is necessary to protect
the privacy of a licentiate.
Added Stats 1982 ch 1183 § 1.

§ 828. Determination of insufficient evidence to bring action against
licentiate; Effect on records of proceedings
If the licensing agency determines, pursuant to proceedings conducted under
Section 820, that there is insufficient evidence to bring an action against the
licentiate pursuant to Section 822, then all licensing agency records of the
proceedings, including the order for the examination, investigative reports, if
any, and the report of the physicians and surgeons or psychologists, shall be
kept confidential and are not subject to discovery or subpoena. If no further
proceedings are conducted to determine the licentiates fitness to practice
during a period of five years from the date of the determination by the licensing
agency of the proceeding pursuant to Section 820, then the licensing agency
shall purge and destroy all records pertaining to the proceedings. If new
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proceedings are instituted during the five-year period against the licentiate by
the licensing agency, the records, including the report of the physicians and
surgeons or psychologists, may be used in the proceedings and shall be
available to the respondent pursuant to the provisions of Section 11507.6 of the
Government Code.
Added Stats 1982 ch 1183 § 1.

ARTICLE 15
Sexual Orientation Change Efforts
§ 865. Definitions
For the purposes of this article, the following terms shall have the following
meanings:
(a) “Mental health provider” means a physician and surgeon specializing in
the practice of psychiatry, a psychologist, a psychological assistant, intern, or
trainee, a licensed marriage and family therapist, a registered marriage and
family therapist, intern, or trainee, a licensed educational psychologist, a
credentialed school psychologist, a licensed clinical social worker, an associate
clinical social worker, a licensed professional clinical counselor, a registered
clinical counselor, intern, or trainee, or any other person designated as a
mental health professional under California law or regulation.
(b)(1) “Sexual orientation change efforts” means any practices by mental
health providers that seek to change an individual’s sexual orientation. This
includes efforts to change behaviors or gender expressions, or to eliminate or
reduce sexual or romantic attractions or feelings toward individuals of the
same sex.
(2) “Sexual orientation change efforts” does not include psychotherapies
that: (A) provide acceptance, support, and understanding of clients or the
facilitation of clients’ coping, social support, and identity exploration and
development, including sexual orientation-neutral interventions to prevent or
address unlawful conduct or unsafe sexual practices; and (B) do not seek to
change sexual orientation.
Added Stats 2012 ch 835 § 2 (SB 1172), effective January 1, 2013.

§ 865.1. Prohibited sexual orientation change efforts with patient
under specified age
Under no circumstances shall a mental health provider engage in sexual
orientation change efforts with a patient under 18 years of age.
Added Stats 2012 ch 835 § 2 (SB 1172), effective January 1, 2013.

§ 865.2. Unprofessional conduct
Any sexual orientation change efforts attempted on a patient under 18 years
of age by a mental health provider shall be considered unprofessional conduct
and shall subject a mental health provider to discipline by the licensing entity
for that mental health provider.
Added Stats 2012 ch 835 § 2 (SB 1172), effective January 1, 2013.

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CHAPTER 1.5
Exemption from Licensure
§ 900. Requirements for exemption; Immunity from liability
(a) Nothing in this division applies to a health care practitioner licensed in
another state or territory of the United States who offers or provides health
care for which he or she is licensed, if the health care is provided only during
a state of emergency as defined in subdivision (b) of Section 8558 of the
Government Code, which emergency overwhelms the response capabilities of
California health care practitioners and only upon the request of the Director
of the Emergency Medical Services Authority.
(b) The director shall be the medical control and shall designate the
licensure and specialty health care practitioners required for the specific
emergency and shall designate the areas to which they may be deployed.
(c) Health care practitioners shall provide, upon request, a valid copy of a
professional license and a photograph identification issued by the state in
which the practitioner holds licensure before being deployed by the director.
(d) Health care practitioners deployed pursuant to this chapter shall provide the appropriate California licensing authority with verification of licensure upon request.
(e) Health care practitioners providing health care pursuant to this chapter
shall have immunity from liability for services rendered as specified in Section
8659 of the Government Code.
(f) For the purposes of this section, “health care practitioner” means any
person who engages in acts which are the subject of licensure or regulation
under this division or under any initiative act referred to in this division.
(g) For purposes of this section, “director” means the Director of the
Emergency Medical Services Authority who shall have the powers specified in
Division 2.5 (commencing with Section 1797) of the Health and Safety Code.
Added Stats 1989 ch 97 § 2, effective July 7, 1989. Amended Stats 2010 ch 270 § 1 (AB 2699),
effective January 1, 2011.

§ 901. (Repealed January 1, 2018) Exemption from licensure requirements for services provided under enumerated circumstances;
Prior authorization; Steps necessary for sponsoring entity; Report;
List of health care practitioners providing health care services under this section; Compliance
(a) For purposes of this section, the following provisions apply:
(1) “Board” means the applicable healing arts board, under this division or
an initiative act referred to in this division, responsible for the licensure or
regulation in this state of the respective health care practitioners.
(2) “Health care practitioner” means any person who engages in acts that
are subject to licensure or regulation under this division or under any initiative
act referred to in this division.
(3) “Sponsored event” means an event, not to exceed 10 calendar days,
administered by either a sponsoring entity or a local government, or both,
through which health care is provided to the public without compensation to
the health care practitioner.
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(4) “Sponsoring entity” means a nonprofit organization organized pursuant
to Section 501(c)(3) of the Internal Revenue Code or a community-based
organization.
(5) “Uninsured or underinsured person” means a person who does not have
health care coverage, including private coverage or coverage through a
program funded in whole or in part by a governmental entity, or a person who
has health care coverage, but the coverage is not adequate to obtain those
health care services offered by the health care practitioner under this section.
(b) A health care practitioner licensed or certified in good standing in
another state, district, or territory of the United States who offers or provides
health care services for which he or she is licensed or certified is exempt from
the requirement for licensure if all of the following requirements are met:
(1) Prior to providing those services, he or she does all of the following:
(A) Obtains authorization from the board to participate in the sponsored
event after submitting to the board a copy of his or her valid license or
certificate from each state in which he or she holds licensure or certification
and a photographic identification issued by one of the states in which he or she
holds licensure or certification. The board shall notify the sponsoring entity,
within 20 calendar days of receiving a request for authorization, whether that
request is approved or denied, provided that, if the board receives a request for
authorization less than 20 days prior to the date of the sponsored event, the
board shall make reasonable efforts to notify the sponsoring entity whether
that request is approved or denied prior to the date of that sponsored event.
(B) Satisfies the following requirements:
(i) The health care practitioner has not committed any act or been convicted
of a crime constituting grounds for denial of licensure or registration under
Section 480 and is in good standing in each state in which he or she holds
licensure or certification.
(ii) The health care practitioner has the appropriate education and experience to participate in a sponsored event, as determined by the board.
(iii) The health care practitioner shall agree to comply with all applicable
practice requirements set forth in this division and the regulations adopted
pursuant to this division.
(C) Submits to the board, on a form prescribed by the board, a request for
authorization to practice without a license, and pays a fee, in an amount
determined by the board by regulation, which shall be available, upon
appropriation, to cover the cost of developing the authorization process and
processing the request.
(2) The services are provided under all of the following circumstances:
(A) To uninsured or underinsured persons.
(B) On a short-term voluntary basis, not to exceed a 10-calendar-day period
per sponsored event.
(C) In association with a sponsoring entity that complies with subdivision
(d).
(D) Without charge to the recipient or to a third party on behalf of the
recipient.
(c) The board may deny a health care practitioner authorization to practice
without a license if the health care practitioner fails to comply with this section
or for any act that would be grounds for denial of an application for licensure.
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(d) A sponsoring entity seeking to provide, or arrange for the provision of,
health care services under this section shall do both of the following:
(1) Register with each applicable board under this division for which an
out-of-state health care practitioner is participating in the sponsored event by
completing a registration form that shall include all of the following:
(A) The name of the sponsoring entity.
(B) The name of the principal individual or individuals who are the officers
or organizational officials responsible for the operation of the sponsoring entity.
(C) The address, including street, city, ZIP Code, and county, of the sponsoring entity’s principal office and each individual listed pursuant to subparagraph (B).
(D) The telephone number for the principal office of the sponsoring entity
and each individual listed pursuant to subparagraph (B).
(E) Any additional information required by the board.
(2) Provide the information listed in paragraph (1) to the county health
department of the county in which the health care services will be provided,
along with any additional information that may be required by that department.
(e) The sponsoring entity shall notify the board and the county health
department described in paragraph (2) of subdivision (d) in writing of any
change to the information required under subdivision (d) within 30 calendar
days of the change.
(f) Within 15 calendar days of the provision of health care services pursuant
to this section, the sponsoring entity shall file a report with the board and the
county health department of the county in which the health care services were
provided. This report shall contain the date, place, type, and general description of the care provided, along with a listing of the health care practitioners
who participated in providing that care.
(g) The sponsoring entity shall maintain a list of health care practitioners
associated with the provision of health care services under this section. The
sponsoring entity shall maintain a copy of each health care practitioner’s
current license or certification and shall require each health care practitioner
to attest in writing that his or her license or certificate is not suspended or
revoked pursuant to disciplinary proceedings in any jurisdiction. The sponsoring entity shall maintain these records for a period of at least five years
following the provision of health care services under this section and shall,
upon request, furnish those records to the board or any county health
department.
(h) A contract of liability insurance issued, amended, or renewed in this
state on or after January 1, 2011, shall not exclude coverage of a health care
practitioner or a sponsoring entity that provides, or arranges for the provision
of, health care services under this section, provided that the practitioner or
entity complies with this section.
(i) Subdivision (b) shall not be construed to authorize a health care practitioner to render care outside the scope of practice authorized by his or her
license or certificate or this division.
(j)(1) The board may terminate authorization for a health care practitioner
to provide health care services pursuant to this section for failure to comply
with this section, any applicable practice requirement set forth in this division,
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any regulations adopted pursuant to this division, or for any act that would be
grounds for discipline if done by a licensee of that board.
(2) The board shall provide both the sponsoring entity and the health care
practitioner with a written notice of termination including the basis for that
termination. The health care practitioner may, within 30 days after the date of
the receipt of notice of termination, file a written appeal to the board. The
appeal shall include any documentation the health care practitioner wishes to
present to the board.
(3) A health care practitioner whose authorization to provide health care
services pursuant to this section has been terminated shall not provide health
care services pursuant to this section unless and until a subsequent request for
authorization has been approved by the board. A health care practitioner who
provides health care services in violation of this paragraph shall be deemed to
be practicing health care in violation of the applicable provisions of this
division, and be subject to any applicable administrative, civil, or criminal
fines, penalties, and other sanctions provided in this division.
(k) The provisions of this section are severable. If any provision of this
section or its application is held invalid, that invalidity shall not affect other
provisions or applications that can be given effect without the invalid provision
or application.
(l) This section shall remain in effect only until January 1, 2018, and as of
that date is repealed, unless a later enacted statute, that is enacted before
January 1, 2018, deletes or extends that date.
Added Stats 2010 ch 270 § 2 (AB 2699), effective January 1, 2011, repealed January 1, 2014.
Amended Stats 2011 ch 296 § 3 (AB 1023), effective January 1, 2012, repealed January 1, 2014; Stats
2013 ch 111 § 1 (AB 512), effective January 1, 2014, repealed January 1, 2018.

CHAPTER 5
Medicine
ARTICLE 12
Enforcement
§ 2290.5. Telehealth; Patient consent; Hospital privileges and approval of credentials for providers of telehealth services
(a) For purposes of this division, the following definitions shall apply:
(1) “Asynchronous store and forward” means the transmission of a patient’s
medical information from an originating site to the health care provider at a
distant site without the presence of the patient.
(2) “Distant site” means a site where a health care provider who provides
health care services is located while providing these services via a telecommunications system.
(3) “Health care provider” means a person who is licensed under this
division.
(4) “Originating site” means a site where a patient is located at the time
health care services are provided via a telecommunications system or where
the asynchronous store and forward service originates.
(5) “Synchronous interaction” means a real-time interaction between a
patient and a health care provider located at a distant site.
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(6) “Telehealth” means the mode of delivering health care services and
public health via information and communication technologies to facilitate the
diagnosis, consultation, treatment, education, care management, and selfmanagement of a patient’s health care while the patient is at the originating
site and the health care provider is at a distant site. Telehealth facilitates
patient self-management and caregiver support for patients and includes
synchronous interactions and asynchronous store and forward transfers.
(b) Prior to the delivery of health care via telehealth, the health care
provider initiating the use of telehealth shall inform the patient the use of
telehealth and obtain verbal or written consent from the patient for the use of
telehealth as an acceptable mode of delivering health care services and public
health. The consent shall be documented.
(c) Nothing in this section shall preclude a patient from receiving in-person
health care delivery services during a specified course of health care and
treatment after agreeing to receive services via telehealth.
(d) The failure of a health care provider to comply with this section shall
constitute unprofessional conduct. Section 2314 shall not apply to this section.
(e) This section shall not be construed to alter the scope of practice of any
health care provider or authorize the delivery of health care services in a
setting, or in a manner, not otherwise authorized by law.
(f) All laws regarding the confidentiality of health care information and a
patient’s rights to his or her medical information shall apply to telehealth
interactions.
(g) This section shall not apply to a patient under the jurisdiction of the
Department of Corrections and Rehabilitation or any other correctional
facility.
(h)(1) Notwithstanding any other provision of law and for purposes of this
section, the governing body of the hospital whose patients are receiving the
telehealth services may grant privileges to, and verify and approve credentials
for, providers of telehealth services based on its medical staff recommendations
that rely on information provided by the distant-site hospital or telehealth
entity, as described in Sections 482.12, 482.22, and 485.616 of Title 42 of the
Code of Federal Regulations.
(2) By enacting this subdivision, it is the intent of the Legislature to
authorize a hospital to grant privileges to, and verify and approve credentials
for, providers of telehealth services as described in paragraph (1).
(3) For the purposes of this subdivision, “telehealth” shall include “telemedicine” as the term is referenced in Sections 482.12, 482.22, and 485.616 of Title
42 of the Code of Federal Regulations.
Added Stats 2011 ch 547 § 4 (AB 415), effective January 1, 2012. Amended Stats 2014 ch 404 § 1 (AB
809), effective September 18, 2014.

CHAPTER 6.6
Psychologists
ARTICLE 1
General Provisions
§ 2900. Legislative findings
The Legislature finds and declares that practice of psychology in California
affects the public health, safety, and welfare and is to be subject to regulation
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and control in the public interest to protect the public from the unauthorized
and unqualified practice of psychology and from unprofessional conduct by
persons licensed to practice psychology.
Added Stats 1967 ch 1677 § 2.

§ 2901. Citation
This chapter shall be known and may be cited as the “Psychology Licensing
Law.”
Added Stats 1967 ch 1677 § 2.

§ 2902. Definitions
As used in this chapter, unless the context clearly requires otherwise and
except as in this chapter expressly otherwise provided the following definitions
apply:
(a) “Licensed psychologist” means an individual to whom a license has been
issued pursuant to the provisions of this chapter, which license is in force and
has not been suspended or revoked.
(b) “Board” means the Board of Psychology.
(c) A person represents himself or herself to be a psychologist when the
person holds himself or herself out to the public by any title or description of
services incorporating the words “psychology,” “psychological,” “psychologist,”
“psychology consultation,” “psychology consultant,” “psychometry,” “psychometrics” or “psychometrist,” “psychotherapy,” “psychotherapist,” “psychoanalysis,” or “psychoanalyst,” or when the person holds himself or herself out to be
trained, experienced, or an expert in the field of psychology.
(d) “Accredited,” as used with reference to academic institutions, means the
University of California, the California State University, or an institution that
is accredited by a national or an applicable regional accrediting agency
recognized by the United States Department of Education.
(e) “Approved,” as used with reference to academic institutions, means an
institution having “approval to operate”, as defined in Section 94718 of the
Education Code.
Added Stats 1995 ch 708 § 12 (SB 609), operative January 1, 1997. Amended Stats 1997 ch 758 § 34
(SB 1346); Stats 2004 ch 695 § 19 (SB 1913).

§ 2903. Licensure requirement; Practice of psychology; Psychotherapy; Fee
No person may engage in the practice of psychology, or represent himself or
herself to be a psychologist, without a license granted under this chapter,
except as otherwise provided in this chapter. The practice of psychology is
defined as rendering or offering to render for a fee to individuals, groups,
organizations or the public any psychological service involving the application
of psychological principles, methods, and procedures of understanding, predicting, and influencing behavior, such as the principles pertaining to learning,
perception, motivation, emotions, and interpersonal relationships; and the
methods and procedures of interviewing, counseling, psychotherapy, behavior
modification, and hypnosis; and of constructing, administering, and interpreting tests of mental abilities, aptitudes, interests, attitudes, personality characteristics, emotions, and motivations.
The application of these principles and methods includes, but is not
restricted to: diagnosis, prevention, treatment, and amelioration of psychological problems and emotional and mental disorders of individuals and groups.
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Psychotherapy within the meaning of this chapter means the use of
psychological methods in a professional relationship to assist a person or
persons to acquire greater human effectiveness or to modify feelings, conditions, attitudes and behavior which are emotionally, intellectually, or socially
ineffectual or maladjustive.
As used in this chapter, “fee” means any charge, monetary or otherwise,
whether paid directly or paid on a prepaid or capitation basis by a third party,
or a charge assessed by a facility, for services rendered.
Added Stats 1967 ch 1677 § 2. Amended Stats 1973 ch 658 § 1; Stats 1978 ch 1208 § 2; Stats 2001
ch 728 § 24.2 (SB 724).

§ 2903.1. Biofeedback instruments
A psychologist licensed under this chapter may use biofeedback instruments
which do not pierce or cut the skin to measure physical and mental functioning.
Added Stats 1976 ch 734 § 1.

§ 2904. Excluded services
The practice of psychology shall not include prescribing drugs, performing
surgery or administering electroconvulsive therapy.
Added Stats 1967 ch 1677 § 2.

§ 2904.5. Applicability of telemedicine provisions of § 2290.5
A psychologist licensed under this chapter is a licentiate for purposes of
paragraph (2) of subdivision (a) of Section 805, and thus is a health care
provider subject to the provisions of Section 2290.5.
Added Stats 2003 ch 20 § 3 (AB 116). Amended Stats 2012 ch 799 § 17 (SB 1575), effective January
1, 2013.

§ 2905. Construction of other definitional statutes
The practice of psychology shall be defined as in Section 2903, any existing
statute in the State of California to the contrary notwithstanding.
Added Stats 1967 ch 1677 § 2.

§ 2907. Rights of corporations
Corporations shall have no professional rights, privileges, or powers, and
shall not be permitted to practice psychology, nor shall the liability of any
licensed psychologist be limited by a corporation.
Added Stats 1967 ch 1677 § 2.

§ 2907.5. Right of psychological corporation to practice
Nothing in Section 2907 shall be deemed to apply to the acts of a psychological corporation practicing pursuant to the Moscone-Knox Professional
Corporation Act, as contained in Part 4 (commencing with Section 13400) of
Division 3 of Title 1 of the Corporations Code and Article 9 (commencing with
Section 2995) when the psychological corporation is in compliance with (a)the
Moscone-Knox Professional Corporation Act; (b)Article 9 (commencing with
Section 2995); and (c)all other statutes now or hereafter enacted or adopted
pertaining to such corporation and the conduct of its affairs.
Added Stats 1969 ch 1436 § 2. Amended Stats 1973 ch 77 § 4; Stats 1980 ch 1314 § 11.

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§ 2908. Exemption of other professions
Nothing in this chapter shall be construed to prevent qualified members of
other recognized professional groups licensed to practice in the State of
California, such as, but not limited to, physicians, clinical social workers,
educational psychologists, marriage and family therapists, optometrists, psychiatric technicians, or registered nurses, or attorneys admitted to the California State Bar, or persons utilizing hypnotic techniques by referral from
persons licensed to practice medicine, dentistry or psychology, or persons
utilizing hypnotic techniques which offer avocational or vocational self-improvement and do not offer therapy for emotional or mental disorders, or duly
ordained members of the recognized clergy, or duly ordained religious practitioners from doing work of a psychological nature consistent with the laws
governing their respective professions, provided they do not hold themselves
out to the public by any title or description of services incorporating the words
“psychological,” “psychologist,” “psychology,” “psychometrist,” “psychometrics,”
or “psychometry,” or that they do not state or imply that they are licensed to
practice psychology; except that persons licensed under Article 5 (commencing
with Section 4986) of Chapter 13 of Division 2 may hold themselves out to the
public as licensed educational psychologists.
Added Stats 1967 ch 1677 § 2. Amended Stats 1973 ch 758 § 3; Stats 1978 ch 1208 § 4; Stats 1980
ch 324 § 1; Stats 1983 ch 928 § 2; Stats 2002 ch 1013 § 10 (SB 2026).

§ 2909. Applicability to school and public employees
Nothing in this chapter shall be construed as restricting or preventing
activities of a psychological nature or the use of the official title of the position
for which they were employed on the part of the following persons, provided
those persons are performing those activities as part of the duties for which
they were employed, are performing those activities solely within the confines
of or under the jurisdiction of the organization in which they are employed and
do not offer to render or render psychological services as defined in Section
2903 to the public for a fee, monetary or otherwise, over and above the salary
they receive for the performance of their official duties with the organization in
which they are employed:
(a) Persons who hold a valid and current credential as a school psychologist
issued by the California Department of Education.
(b) Persons who hold a valid and current credential as a psychometrist
issued by the California Department of Education.
(c) Persons employed in positions as psychologists or psychological assistants, or in a student counseling service, by accredited or approved colleges,
junior colleges or universities; federal, state, county or municipal governmental organizations which are not primarily involved in the provision of direct
health or mental health services. However, those persons may, without
obtaining a license under this act, consult or disseminate their research
findings and scientific information to other such accredited or approved
academic institutions or governmental agencies. They may also offer lectures
to the public for a fee, monetary or otherwise, without being licensed under this
chapter.
(d) Persons who meet the educational requirements of subdivision (b) of
Section 2914 and who have one year or more of the supervised professional
experience referenced in subdivision (c) of Section 2914, if they are employed
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by nonprofit community agencies that receive a minimum of 25 percent of their
financial support from any federal, state, county, or municipal governmental
organizations for the purpose of training and providing services. Those persons
shall be registered by the agency with the board at the time of employment and
shall be identified in the setting as a “registered psychologist.” Those persons
shall be exempt from this chapter for a maximum period of 30 months from the
date of registration.
Added Stats 1981 ch 412 § 2, effective September 11, 1981, operative January 1, 1984. Amended
Stats 1989 ch 888 § 2; Stats 1990 ch 1207 § 3 (AB 3242); Stats 2005 ch 658 § 2 (SB 229), effective
January 1, 2006.

§ 2910. Applicability of chapter to school and public employees
Nothing in this chapter shall be construed to restrict or prevent activities of
a psychological nature on the part of persons who are salaried employees of
accredited or approved academic institutions, public schools or governmental
agencies, provided:
(a) Such employees are performing such psychological activities as part of
the duties for which they were hired;
(b) Such employees are performing those activities solely within the jurisdiction or confines of such organizations;
(c) Such persons do not hold themselves out to the public by any title or
description of activities incorporating the words “psychology,” “psychological,”
“psychologist,” “psychometry,” “psychometrics” or “psychometrist”;
(d) Such persons do not offer their services to the public for a fee, monetary
or otherwise;
(e) Such persons do not provide direct health or mental health services.
Added Stats 1967 ch 1677 § 2. Amended Stats 1979 ch 996 § 3.

§ 2911. Applicability of chapter to students and interns
Nothing in this chapter shall be construed as restricting the activities and
services of a graduate student or psychological intern in psychology pursuing
a course of study leading to a graduate degree in psychology at an accredited
or approved college or university and working in a training program, or a
postdoctoral trainee working in a postdoctoral placement overseen by the
American Psychological Association (APA), the Association of Psychology
Postdoctoral and Internship Centers (APPIC), or the California Psychology
Internship Council (CAPIC), provided that these activities and services constitute a part of his or her supervised course of study and that those persons
are designated by the title “psychological intern,” “psychological trainee,”
“postdoctoral intern,” or another title clearly indicating the training status
appropriate to his or her level of training. The aforementioned terms shall be
reserved for persons enrolled in the doctoral program leading to one of the
degrees listed in subdivision (b) of Section 2914 at an accredited or approved
college or university or in a formal postdoctoral internship overseen by APA,
APPIC, or CAPIC.
Added Stats 1967 ch 1677 § 2. Amended Stats 2005 ch 658 § 3 (SB 229), effective January 1, 2006.

§ 2912. Temporary practice by licensees of other state or foreign
country
Nothing in this chapter shall be construed to restrict or prevent a person
who is licensed as a psychologist at the doctoral level in another state or
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territory of the United States or in Canada from offering psychological services
in this state for a period not to exceed 30 days in any calendar year.
Added Stats 1973 ch 757 § 2. Amended Stats 1978 ch 1161 § 196; Stats 2005 ch 658 § 4 (SB 229),
effective January 1, 2006.

§ 2913. Services by psychological assistants
A person other than a licensed psychologist may be employed by a licensed
psychologist, by a licensed physician and surgeon who is board certified in
psychiatry by the American Board of Psychiatry and Neurology, by a clinic
which provides mental health services under contract pursuant to Section
5614 of the Welfare and Institutions Code, by a psychological corporation, by a
licensed psychology clinic as defined in Section 1204.1 of the Health and Safety
Code, or by a medical corporation to perform limited psychological functions
provided that all of the following apply:
(a) The person is termed a “psychological assistant.”
(b) The person (1) has completed a master’s degree in psychology or
education with the field of specialization in psychology or counseling psychology, or (2) has been admitted to candidacy for a doctoral degree in psychology
or education with the field of specialization in psychology or counseling
psychology, after having satisfactorily completed three or more years of
postgraduate education in psychology and having passed preliminary doctoral
examinations, or (3) has completed a doctoral degree which qualifies for
licensure under Section 2914, in an accredited or approved university, college,
or professional school located in the United States or Canada.
(c) The person is at all times under the immediate supervision, as defined in
regulations adopted by the board, of a licensed psychologist, or board certified
psychiatrist, who shall be responsible for insuring that the extent, kind, and
quality of the psychological services he or she performs are consistent with his
or her training and experience and be responsible for his or her compliance
with this chapter and regulations duly adopted hereunder, including those
provisions set forth in Section 2960.
(d) The licensed psychologist, board certified psychiatrist, contract clinic,
psychological corporation, or medical corporation, has registered the psychological assistant with the board. The registration shall be renewed annually in
accordance with regulations adopted by the board.
No licensed psychologist may register, employ, or supervise more than three
psychological assistants at any given time unless specifically authorized to do
so by the board. No board certified psychiatrist may register, employ, or
supervise more than one psychological assistant at any given time. No contract
clinic, psychological corporation, or medical corporation may employ more than
10 assistants at any one time. No contract clinic may register, employ, or
provide supervision for more than one psychological assistant for each designated full-time staff psychiatrist who is qualified and supervises the psychological assistants. No psychological assistant may provide psychological services to the public for a fee, monetary or otherwise, except as an employee of a
licensed psychologist, licensed physician, contract clinic, psychological corporation, or medical corporation.
(e) The psychological assistant shall comply with regulations that the board
may, from time to time, duly adopt relating to the fulfillment of requirements
in continuing education.
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(f) No person shall practice as a psychological assistant who is found by the
board to be in violation of Section 2960 and the rules and regulations duly
adopted thereunder.
Added Stats 1967 ch 1677 § 2. Amended Stats 1970 ch 470 § 1, effective July 21, 1970; Stats 1973
ch 949 § 1; Stats 1978 ch 1208 § 5; Stats 1980 ch 1314 § 12, ch 1315 § 1; Stats 1981 ch 714 § 8; Stats
1982 ch 462 § 1, ch 1172 § 1; Stats 1983 ch 207 § 1, effective July 13, 1983; Stats 1989 ch 888 § 3.

§ 2914. Applicant’s requirements
Each applicant for licensure shall comply with all of the following requirements:
(a) Is not subject to denial of licensure under Division 1.5.
(b) Possess an earned doctorate degree (1) in psychology, (2) in educational
psychology, or (3) in education with the field of specialization in counseling
psychology or educational psychology. Except as provided in subdivision (g),
this degree or training shall be obtained from an accredited university, college,
or professional school. The board shall make the final determination as to
whether a degree meets the requirements of this section.
No educational institution shall be denied recognition as an accredited
academic institution solely because its program is not accredited by any
professional organization of psychologists, and nothing in this chapter or in the
administration of this chapter shall require the registration with the board by
educational institutions of their departments of psychology or their doctoral
programs in psychology.
An applicant for licensure trained in an educational institution outside the
United States or Canada shall demonstrate to the satisfaction of the board that
he or she possesses a doctorate degree in psychology that is equivalent to a
degree earned from a regionally accredited university in the United States or
Canada. These applicants shall provide the board with a comprehensive
evaluation of the degree performed by a foreign credential evaluation service
that is a member of the National Association of Credential Evaluation Services
(NACES), and any other documentation the board deems necessary.
(c) Have engaged for at least two years in supervised professional experience under the direction of a licensed psychologist, the specific requirements of
which shall be defined by the board in its regulations, or under suitable
alternative supervision as determined by the board in regulations duly
adopted under this chapter, at least one year of which shall be after being
awarded the doctorate in psychology. If the supervising licensed psychologist
fails to provide verification to the board of the experience required by this
subdivision within 30 days after being so requested by the applicant, the
applicant may provide written verification directly to the board.
If the applicant sends verification directly to the board, the applicant shall
file with the board a declaration of proof of service, under penalty of perjury, of
the request for verification. A copy of the completed verification forms shall be
provided to the supervising psychologist and the applicant shall prove to the
board that a copy has been sent to the supervising psychologist by filing a
declaration of proof of service under penalty of perjury, and shall file this
declaration with the board when the verification forms are submitted.
Upon receipt by the board of the applicant’s verification and declarations, a
rebuttable presumption affecting the burden of producing evidence is created
that the supervised, professional experience requirements of this subdivision
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have been satisfied. The supervising psychologist shall have 20 days from the
day the board receives the verification and declaration to file a rebuttal with
the board.
The authority provided by this subdivision for an applicant to file written
verification directly shall apply only to an applicant who has acquired the
experience required by this subdivision in the United States.
The board shall establish qualifications by regulation for supervising psychologists and shall review and approve applicants for this position on a
case-by-case basis.
(d) Take and pass the examination required by Section 2941 unless otherwise exempted by the board under this chapter.
(e) Show by evidence satisfactory to the board that he or she has completed
training in the detection and treatment of alcohol and other chemical substance dependency. This requirement applies only to applicants who matriculate on or after September 1, 1985.
(f)(1) Show by evidence satisfactory to the board that he or she has
completed coursework in spousal or partner abuse assessment, detection, and
intervention. This requirement applies to applicants who began graduate
training during the period commencing on January 1, 1995, and ending on
December 31, 2003.
(2) An applicant who began graduate training on or after January 1, 2004,
shall show by evidence satisfactory to the board that he or she has completed
a minimum of 15 contact hours of coursework in spousal or partner abuse
assessment, detection, and intervention strategies, including knowledge of
community resources, cultural factors, and same gender abuse dynamics. An
applicant may request an exemption from this requirement if he or she intends
to practice in an area that does not include the direct provision of mental
health services.
(3) Coursework required under this subdivision may be satisfactory if taken
either in fulfillment of other educational requirements for licensure or in a
separate course. This requirement for coursework shall be satisfied by, and the
board shall accept in satisfaction of the requirement, a certification from the
chief academic officer of the educational institution from which the applicant
graduated that the required coursework is included within the institution’s
required curriculum for graduation.
(g) An applicant holding a doctoral degree in psychology from an approved
institution is deemed to meet the requirements of this section if all of the
following are true:
(1) The approved institution offered a doctoral degree in psychology designed to prepare students for a license to practice psychology and was
approved by the Bureau for Private Postsecondary and Vocational Education
on or before July 1, 1999.
(2) The approved institution has not, since July 1, 1999, had a new location,
as described in Section 94721 of the Education Code.
(3) The approved institution is not a franchise institution, as defined in
Section 94729.3 of the Education Code.
Added Stats 2000 ch 625 § 2 (AB 400). Amended Stats 2001 ch 728 § 24.4 (SB 724); Stats 2002 ch
481 § 1 (SB 564); Stats 2005 ch 658 § 5 (SB 229), effective January 1, 2006.

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§ 2914.1. Recommended courses in geriatric pharmacology
The board shall encourage every licensed psychologist to take a continuing
education course in geriatric pharmacology as a part of his or her continuing
education.
Added Stats 1990 ch 1539 § 3 (SB 2827).

§ 2914.2. Psychopharmacology and biological basis of behavior
courses
The board shall encourage licensed psychologists to take continuing education courses in psychopharmacology and biological basis of behavior as part of
their continuing education.
Added Stats 1998 ch 822 § 1 (SB 983).

§ 2914.3. Guidelines for training
(a) The board shall encourage institutions that offer a doctorate degree
program in psychology to include in their biobehavioral curriculum, education
and training in psychopharmacology and related topics including pharmacology and clinical pharmacology.
(b) The board shall develop guidelines for the basic education and training
of psychologists whose practices include patients with medical conditions and
patients with mental and emotional disorders, who may require psychopharmacological treatment and whose management may require collaboration with
physicians and other licensed prescribers. In developing these guidelines for
training, the board shall consider, but not be limited to, all of the following:
(1) The American Psychological Association’s guidelines for training in the
biological bases of mental and emotional disorders.
(2) The necessary educational foundation for understanding the biochemical
and physiological bases for mental disorders.
(3) Evaluation of the response to psychotropic compounds, including the
effects and side effects.
(4) Competent basic practical and theoretical knowledge of neuroanatomy,
neurochemistry, and neurophysiology relevant to research and clinical practice.
(5) Knowledge of the biological bases of psychopharmacology.
(6) The locus of action of psychoactive substances and mechanisms by which
these substances affect brain function and other systems of the body.
(7) Knowledge of the psychopharmacology of classes of drugs commonly
used to treat mental disorders.
(8) Drugs that are commonly abused that may or may not have therapeutic
uses.
(9) Education of patients and significant support persons in the risks,
benefits, and treatment alternatives to medication.
(10) Appropriate collaboration or consultation with physicians or other
prescribers to include the assessment of the need for additional treatment that
may include medication or other medical evaluation and treatment and the
patient’s mental capacity to consent to additional treatment to enhance both
the physical and the mental status of the persons being treated.
(11) Knowledge of signs that warrant consideration for referral to a physician.
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(c) This section is intended to provide for training of clinical psychologists to
improve the ability of clinical psychologists to collaborate with physicians. It is
not intended to provide for training psychologists to prescribe medication.
Nothing in this section is intended to expand the scope of licensure of
psychologists.
Added Stats 1998 ch 822 § 2 (SB 983).

§ 2915. Continuing education requirements; Practice outside fields
of competence
(a) Except as provided in this section, on or after January 1, 1996, the board
shall not issue any renewal license unless the applicant submits proof that he
or she has completed no less than 18 hours of approved continuing education
in the preceding year. On or after January 1, 1997, except as provided in this
section, the board shall issue renewal licenses only to those applicants who
have completed 36 hours of approved continuing education in the preceding
two years.
(b) Each person renewing his or her license issued pursuant to this chapter
shall submit proof of compliance with this section to the board. False
statements submitted pursuant to this section shall be a violation of Section
2970.
(c) A person applying for relicensure or for reinstatement to an active license
status shall certify under penalty of perjury that he or she is in compliance
with this section.
(d)(1) The continuing education requirement shall include, but shall not be
limited to, courses required pursuant to Sections 25 and 28. The requirement
may include courses pursuant to Sections 32 and 2914.1.
(2)(A) The board shall require a licensed psychologist who began graduate
study prior to January 1, 2004, to take a continuing education course during
his or her first renewal period after the operative date of this section in spousal
or partner abuse assessment, detection, and intervention strategies, including
community resources, cultural factors, and same gender abuse dynamics.
Equivalent courses in spousal or partner abuse assessment, detection, and
intervention strategies taken prior to the operative date of this section or proof
of equivalent teaching or practice experience may be submitted to the board
and at its discretion, may be accepted in satisfaction of this requirement.
(B) Continuing education courses taken pursuant to this paragraph shall be
applied to the 36 hours of approved continuing education required under
subdivision (a).
(C) A licensed psychologist whose practice does not include the direct
provision of mental health services may apply to the board for an exemption
from the requirements of this paragraph.
(3) Continuing education instruction approved to meet the requirements of
this section shall be completed within the State of California, or shall be
approved for continuing education credit by the American Psychological
Association or its equivalent as approved by the board.
(e) The board may establish a policy for exceptions from the continuing
education requirement of this section.
(f) The board may recognize continuing education courses that have been
approved by one or more private nonprofit organizations that have at least 10
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years’ experience managing continuing education programs for psychologists
on a statewide basis, including, but not limited to:
(1) Maintaining and managing related records and data.
(2) Monitoring and approving courses.
(g) The board shall adopt regulations as necessary for implementation of
this section.
(h) A licensed psychologist shall choose continuing education instruction
that is related to the assessment, diagnosis, and intervention for the client
population being served or to the fields of psychology in which the psychologist
intends to provide services, that may include new theoretical approaches,
research, and applied techniques. Continuing education instruction shall
include required courses specified in subdivision (d).
(i) A psychologist shall not practice outside his or her particular field or
fields of competence as established by his or her education, training, continuing education, and experience.
(j) The administration of this section may be funded through professional
license fees and continuing education provider and course approval fees, or
both. The fees related to the administration of this section shall not exceed the
costs of administering the corresponding provisions of this section.
(k) Continuing education credit may be approved for those licensees who
serve as commissioners on any examination pursuant to Section 2947, subject
to limitations established by the board.
(l) This section shall become operative on January 1, 2004.
Added Stats 2002 ch 481 § 3 (SB 564), operative January 1, 2004.

§ 2915.5. Coursework in aging and long-term care required for licensure of new applicant; Instruction on assessment and reporting
of, as well as treatment related to, elder and dependent adult abuse
and neglect
(a) Any applicant for licensure as a psychologist who began graduate study
on or after January 1, 2004, shall complete, as a condition of licensure, a
minimum of 10 contact hours of coursework in aging and long-term care, which
may include, but need not be limited to, the biological, social, and psychological
aspects of aging. On and after January 1, 2012, this coursework shall include
instruction on the assessment and reporting of, as well as treatment related to,
elder and dependent adult abuse and neglect.
(b) Coursework taken in fulfillment of other educational requirements for
licensure pursuant to this chapter, or in a separate course of study, may, at the
discretion of the board, fulfill the requirements of this section.
(c) In order to satisfy the coursework requirement of this section, the
applicant shall submit to the board a certification from the chief academic
officer of the educational institution from which the applicant graduated
stating that the coursework required by this section is included within the
institution’s required curriculum for graduation, or within the coursework,
that was completed by the applicant.
(d) The board shall not issue a license to the applicant until the applicant
has met the requirements of this section.
Added Stats 2002 ch 541 § 4 (SB 953). Amended Stats 2010 ch 552 § 2 (AB 2435), effective January
1, 2011.

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§ 2915.7. Continuing education course in aging and long-term care
required for first license renewal; Instruction on assessment and reporting of, as well as treatment related to, elder and dependent
adult abuse and neglect
(a) A licensee who began graduate study prior to January 1, 2004, shall
complete a three-hour continuing education course in aging and long-term care
during his or her first renewal period after the operative date of this section,
and shall submit to the board evidence acceptable to the board of the person’s
satisfactory completion of that course.
(b) The course should include, but is not limited to, the biological, social, and
psychological aspects of aging. On and after January 1, 2012, this coursework
shall include instruction on the assessment and reporting of, as well as
treatment related to, elder and dependent adult abuse and neglect.
(c) Any person seeking to meet the requirements of subdivision (a) of this
section may submit to the board a certificate evidencing completion of
equivalent courses in aging and long-term care taken prior to the operative
date of this section, or proof of equivalent teaching or practice experience. The
board, in its discretion, may accept that certification as meeting the requirements of this section.
(d) The board may not renew an applicant’s license until the applicant has
met the requirements of this section.
(e) A licensee whose practice does not include the direct provision of mental
health services may apply to the board for an exception to the requirements of
this section.
Added Stats 2002 ch 541 § 5 (SB 953). Amended Stats 2004 ch 695 § 20 (SB 1913); Stats 2010 ch 552
§ 3 (AB 2435), effective January 1, 2011.

§ 2916. Separability clause
If any provision of this chapter or the application thereof to any person or
circumstances is held invalid, such invalidity shall not affect any of the
provisions or applications of this chapter which can be given effect without
such invalid provisions or application, and to this end the provisions of this
chapter are declared to be severable.
Added Stats 1967 ch 1677 § 2.

§ 2918. Privileged communications
The confidential relations and communications between psychologist and
client shall be privileged as provided by Article 7 (commencing with Section
1010) of Chapter 4 of Division 8 of the Evidence Code.
Added Stats 1973 ch 757 § 4.

§ 2919. Retention of health service records
A licensed psychologist shall retain a patient’s health service records for a
minimum of seven years from the patient’s discharge date. If the patient is a
minor, the patient’s health service records shall be retained for a minimum of
seven years from the date the patient reaches 18 years of age.
Added Stats 2006 ch 89 § 1 (AB 2257), effective January 1, 2007.

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ARTICLE 2
Administration
§ 2920. (Repealed January 1, 2017) Board of Psychology
(a) The Board of Psychology shall enforce and administer this chapter. The
board shall consist of nine members, four of whom shall be public members.
(b) This section shall remain in effect only until January 1, 2017, and as of
that date is repealed, unless a later enacted statute, that is enacted before
January 1, 2017, deletes or extends that date.
(c) 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.
Added Stats 1967 ch 1677 § 2. Amended Stats 1971 ch 716 § 45; Stats 1976 ch 1188 § 16; Stats 1978
ch 1208 § 7; Stats 1982 ch 676 § 12; Stats 1989 ch 886 § 56 (ch 888 prevails), ch 888 § 5; Stats 1990
ch 622 § 1 (SB 2720); Stats 1994 ch 908 § 19 (SB 2036); Stat 1998 ch 589 § 1 (SB 1983); Stats 2002
ch 1012 § 6 (SB 2025), effective September 27, 2002; Stats 2005 ch 658 § 6 (SB 229), effective
January 1, 2006; Stats 2006 ch 658 § 50 (SB 1476), effective January 1, 2007; Stats 2008 ch 385 § 1
(SB 963), effective January 1, 2009, repealed January 1, 2011; Stats 2010 ch 695 § 10 (SB 294),
effective January 1, 2011, repealed January 1, 2013; Stats 2012 ch 332 § 24 (SB 1236), effective
January 1, 2013, repealed January 1, 2017.

§ 2920.1. Priority of board; Protection of the public
Protection of the public shall be the highest priority for the Board of
Psychology in exercising its licensing, regulatory, and disciplinary functions.
Whenever the protection of the public is inconsistent with other interests
sought to be promoted, the protection of the public shall be paramount.
Added Stats 2002 ch 107 § 12 (AB 269).

§ 2921. Tenure of committee members
Each member of the board shall hold office for a term of four years, and shall
serve until the appointment and qualification of his or her successor or until
one year shall have elapsed since the expiration of the term for which he or she
was appointed, whichever first occurs. No member may serve for more than
two consecutive terms.
Added Stats 1967 ch 1677 § 2. Amended Stats 1968 ch 455 § 1; Stats 1973 ch 757 § 5; Stats 1989 ch
888 § 6.

§ 2922. Appointment of members
In appointing the members of the board, except the public members, the
Governor shall use his or her judgment to select psychologists who represent,
as widely as possible, the varied professional interests of psychologists in
California.
The Governor shall appoint two of the public members and the five licensed
members of the board qualified as provided in Section 2923. The Senate Rules
Committee and the Speaker of the Assembly shall each appoint a public
member, and their initial appointment shall be made to fill, respectively, the
first and second public member vacancies which occur on or after January 1,
1983.
Added Stats 1967 ch 1677 § 2. Amended Stats 1976 ch 1188 § 17; Stats 1982 ch 676 § 13; Stats 1989
ch 888 § 7; Stats 1998 ch 589 § 2 (SB 1983).

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§ 2923. Qualifications
Each member of the board shall have all of the following qualifications:
(a) He or she shall be a resident of this state.
(b) Each member appointed, except the public members shall be a licensed
psychologist.
The public members shall not be licentiates of the board or of any board
under this division or of any board referred to in the Chiropractic Act or the
Osteopathic Act.
Added Stats 1967 ch 1677 § 2. Amended Stats 1976 ch 1188 § 18; Stats 1989 ch 888 § 8.

§ 2924. Removal from office
The Governor has power to remove from office any member of the board for
neglect of any duty required by this chapter, for incompetency, or for unprofessional conduct.
Added Stats 1967 ch 1677 § 2. Amended Stats 1989 ch 888 § 9.

§ 2925. Officers
The board shall elect annually a president and vice president from among its
members.
Added Stats 1967 ch 1677 § 2. Amended Stats 1978 ch 1208 § 8; Stats 1989 ch 888 § 10; Stats 1998
ch 589 § 3 (SB 1983).

§ 2926. Meetings
The board shall hold at least one regular meeting each year. Additional
meetings may be held upon call of the chairman or at the written request of
any two members of the board.
Added Stats 1967 ch 1677 § 2. Amended Stats 1989 ch 888 § 11.

§ 2927. Quorum
Five members of the board shall at all times constitute a quorum.
Added Stats 1967 ch 1677 § 2, as B & P C § 2932. Amended Stats 1989 ch 888 § 16. Renumbered by
Stats 1994 ch 26 § 69 (AB 1807), effective March 30, 1994.

§ 2927.5. Notice of meetings
Notice of each regular meeting of the board shall be given in accordance with
the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section
11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code).
Added Stats 1973 ch 757 § 6. Amended Stats 1994 ch 26 § 66 (AB 1807), effective March 30, 1994.

§ 2928. Enforcement
The board shall administer and enforce this chapter.
Added Stats 1967 ch 1677 § 2. Amended Stats 1989 ch 888 § 12; Stats 1997 ch 758 § 35 (SB 1346).

§ 2929. Seal
The board shall adopt a seal, which shall be affixed to all licenses issued by
the board.
Added Stats 1967 ch 1677 § 2. Amended Stats 1989 ch 888 § 13; Stats 1997 ch 758 § 36 (SB 1346).

§ 2930. Rule-making authority
The board shall from time to time adopt rules and regulations as may be
necessary to effectuate this chapter. In adopting rules and regulations the
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board shall comply with Chapter 3.5 (commencing with Section 11340) of Part
1 of Division 3 of Title 2 of the Government Code.
Added Stats 1967 ch 1677 § 2. Amended Stats 1984 ch 144 § 12; Stats 1989 ch 888 § 14.

§ 2931. Examining applicants
The board shall examine and pass upon the qualifications of the applicants
for a license as provided by this chapter.
Added Stats 1967 ch 1677 § 2. Amended Stats 1989 ch 888 § 15.

§ 2933. (Repealed January 1, 2017) Employees; Executive officer
Except as provided by Section 159.5, the board shall employ and shall make
available to the board within the limits of the funds received by the board all
personnel necessary to carry out this chapter. The board may employ, exempt
from the State Civil Service Act, an executive officer to the Board of Psychology.
The board shall make all expenditures to carry out this chapter. The board may
accept contributions to effectuate the purposes of this chapter.
This section shall remain in effect only until January 1, 2017, and as of that
date is repealed, unless a later enacted statute, that is enacted before January
1, 2017, deletes or extends that date.
Added Stats 1967 ch 1677 § 2. Amended Stats 1971 ch 716 § 46; Stats 1974 ch 1044 § 32.6, effective
September 23, 1974; Stats 1984 ch 47 § 18, effective March 21, 1984; Stats 1989 ch 888 § 17; Stats
1994 ch 908 § 20 (SB 2036); Stats 1997 ch 758 § 37 (SB 1346); Stats 1998 ch 589 § 4 (SB 1983); Stats
2002 ch 1012 § 7 (SB 2025), effective September 27, 2002; Stats 2005 ch 658 § 7 (SB 229), effective
January 1, 2006; Stats 2006 ch 658 § 51 (SB 1476), effective January 1, 2007; Stats 2008 ch 385 § 2
(SB 963), effective January 1, 2009, repealed January 1, 2011; Stats 2010 ch 695 § 11 (SB 294),
effective January 1, 2011, repealed January 1, 2013; Stats 2012 ch 332 § 25 (SB 1236), effective
January 1, 2013, repealed January 1, 2017.

§ 2934. Geographical directory of licensees
Notwithstanding Section 112, the board may issue, biennially, a current
geographical directory of licensed psychologists. The directory may be sent to
licensees and to other interested parties at cost.
Added Stats 1982 ch 462 § 2. Amended Stats 1989 ch 888 § 18.

§ 2935. Compensation and expenses
Each member of the board shall receive a per diem and expenses as provided
in Section 103.
Added Stats 1967 ch 1677 § 2. Amended Stats 1989 ch 888 § 19.

§ 2936. Consumer and professional education in matters relevant to
ethical practice; Standards of ethical conduct; Notice
The board shall adopt a program of consumer and professional education in
matters relevant to the ethical practice of psychology. The board shall establish
as its standards of ethical conduct relating to the practice of psychology, the
“Ethical Principles of Psychologists and Code of Conduct” published by the
American Psychological Association (APA). Those standards shall be applied
by the board as the accepted standard of care in all licensing examination
development and in all board enforcement policies and disciplinary case
evaluations.
To facilitate consumers in receiving appropriate psychological services, all
licensees and registrants shall be required to post, in a conspicuous location in
their principal psychological business office, a notice which reads as follows:
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“NOTICE TO CONSUMERS: The Department of Consumer Affair’s Board of
Psychology receives and responds to questions and complaints regarding the
practice of psychology. If you have questions or complaints, you may contact
the board by email at bopmail@dca.ca.gov, on the Internet at www.psychology.ca.gov, by calling 1-866-503-3221, or by writing to the following address:
Board of Psychology
1625 North Market Boulevard, Suite –215
Sacramento, California 95834”
Added Stats 1967 ch 1677 § 2. Amended Stats 1978 ch 1208 § 10.3; Stats 1989 ch 886 § 57 (ch 888
prevails), ch 888 § 20; Stats 1991 ch 1091 § 4 (AB 1487); Stats 1998 ch 589 § 5 (SB 1983); Stats 2004
ch 695 § 21 (SB 1913); Stats 2005 ch 658 § 8 (SB 229), effective January 1, 2006; Stats 2011 ch 350
§ 21 (SB 943), effective January 1, 2012; Stats 2014 ch 316 § 10 (SB 1466), effective January 1, 2015.

ARTICLE 3
License
§ 2940. Application and fee
Each person desiring to obtain a license from the board shall make
application to the board. The application shall be made upon a form and shall
be made in a manner as the board prescribes in regulations duly adopted under
this chapter.
The application shall be accompanied by the application fee prescribed by
Section 2949. This fee shall not be refunded by the board.
Added Stats 1967 ch 1677 § 2. Amended Stats 1989 ch 888 § 21; Stats 1997 ch 758 § 38 (SB 1346).

§ 2941. Examination and fee
Each applicant for a psychology license shall be examined by the board, and
shall pay to the board, at least 30 days prior to the date of examination, the
examination fee prescribed by Section 2987, which fee shall not be refunded by
the board.
Added Stats 1967 ch 1677 § 2. Amended Stats 1978 ch 1208 § 10.5; Stats 1989 ch 888 § 22; Stats
1997 ch 758 § 39 (SB 1346).

§ 2942. Time for examinations; Passing grades
The board may examine by written or computer-assisted examination or by
both. All aspects of the examination shall be in compliance with Section 139.
The examination shall be available for administration at least twice a year at
the time and place and under supervision as the board may determine. The
passing grades for the examinations shall be established by the board in
regulations and shall be based on psychometrically sound principles of
establishing minimum qualifications and levels of competency.
Examinations for a psychologist’s license may be conducted by the board
under a uniform examination system, and for that purpose the board may
make arrangements with organizations furnishing examination material as
may in its discretion be desirable.
Added Stats 1967 ch 1677 § 2. Amended Stats 1978 ch 1208 § 12; Stats 1989 ch 888 § 23; Stats 1998
ch 589 § 6 (SB 1983); Stats 2005 ch 658 § 9 (SB 229), effective January 1, 2006.

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§ 2943. Examination subjects
The board may examine for knowledge in whatever theoretical or applied
fields in psychology as it deems appropriate. It may examine the candidate
with regard to his or her professional skills and his or her judgment in the
utilization of psychological techniques and methods.
Added Stats 1967 ch 1677 § 2. Amended Stats 1989 ch 888 § 24.

§ 2944. Written examinations
The board shall grade the written examination and keep the written
examination papers for at least one year, unless a uniform examination is
conducted pursuant to Section 2942.
Added Stats 1967 ch 1677 § 2. Amended Stats 1978 ch 1208 § 13; Stats 1989 ch 888 § 25.

§ 2946. Reciprocity licenses; Temporary practice by out-of-state licensees; Waiver of examination requirement
The board shall grant a license to any person who passes the board’s
supplemental licensing examination and, at the time of application, has been
licensed for at least five years by a psychology licensing authority in another
state or Canadian province if the requirements for obtaining a certificate or
license in that state or province were substantially equivalent to the requirements of this chapter.
A psychologist certified or licensed in another state or province and who has
made application to the board for a license in this state may perform activities
and services of a psychological nature without a valid license for a period not
to exceed 180 calendar days from the time of submitting his or her application
or from the commencement of residency in this state, whichever first occurs.
The board at its discretion may waive the examinations, when in the
judgment of the board the applicant has already demonstrated competence in
areas covered by the examinations. The board at its discretion may waive the
examinations for diplomates of the American Board of Professional Psychology.
Added Stats 1967 ch 1677 § 2. Amended Stats 1979 ch 955 § 3; Stats 1989 ch 888 § 27; Stats 1990
ch 622 § 2 (SB 2720); Stats 1998 ch 589 § 7 (SB 1983); Stats 2000 ch 836 § 19 (SB 1554); Stats 2005
ch 658 § 11 (SB 229), effective January 1, 2006.

§ 2947. Appointment of commissioners on examination; Qualifications
The board may appoint qualified persons to give the whole or any portion of
any examination provided for in this chapter, who shall be designated as
commissioners on examination. A commissioner on examination need not be a
member of the board but he or she shall have the same qualifications as a
member of the board, including those set forth in Chapter 6 (commencing with
Section 450) of Division 1. The board may also appoint occasional professional
commissioners for short-term specified periods to assist in its nonpolicy
workload.
Public commissioners may examine and evaluate candidates in areas of
knowledge such as the law, ethics, and awareness of community resources.
Added Stats 1978 ch 1208 § 13.2. Amended Stats 1982 ch 462 § 3; Stats 1989 ch 888 § 28.

§ 2948. Issuance of license
The board shall issue a license to all applicants who meet the requirements
of this chapter and who pay to the board the initial license fee provided in
Section 2987.
Added Stats 1967 ch 1677 § 2. Amended Stats 1989 ch 888 § 29; Stats 1990 ch 622 § 3 (SB 2720);
Stats 1997 ch 758 § 40 (SB 1346).

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ARTICLE 4
Denial, Suspension and Revocation
§ 2960. Grounds for action
The board may refuse to issue any registration or license, or may issue a
registration or license with terms and conditions, or may suspend or revoke the
registration or license of any registrant or licensee if the applicant, registrant,
or licensee has been guilty of unprofessional conduct. Unprofessional conduct
shall include, but not be limited to:
(a) Conviction of a crime substantially related to the qualifications, functions or duties of a psychologist or psychological assistant.
(b) Use of any controlled substance as defined in Division 10 (commencing
with Section 11000) of the Health and Safety Code, or dangerous drug, or any
alcoholic beverage to an extent or in a manner dangerous to himself or herself,
any other person, or the public, or to an extent that this use impairs his or her
ability to perform the work of a psychologist with safety to the public.
(c) Fraudulently or neglectfully misrepresenting the type or status of license
or registration actually held.
(d) Impersonating another person holding a psychology license or allowing
another person to use his or her license or registration.
(e) Using fraud or deception in applying for a license or registration or in
passing the examination provided for in this chapter.
(f) Paying, or offering to pay, accepting, or soliciting any consideration,
compensation, or remuneration, whether monetary or otherwise, for the
referral of clients.
(g) Violating Section 17500.
(h) Willful, unauthorized communication of information received in professional confidence.
(i) Violating any rule of professional conduct promulgated by the board and
set forth in regulations duly adopted under this chapter.
(j) Being grossly negligent in the practice of his or her profession.
(k) Violating any of the provisions of this chapter or regulations duly
adopted thereunder.
(l) The aiding or abetting of any person to engage in the unlawful practice
of psychology.
(m) The suspension, revocation or imposition of probationary conditions by
another state or country of a license or certificate to practice psychology or as
a psychological assistant issued by that state or country to a person also
holding a license or registration issued under this chapter if the act for which
the disciplinary action was taken constitutes a violation of this section.
(n) The commission of any dishonest, corrupt, or fraudulent act.
(o) Any act of sexual abuse, or sexual relations with a patient or former
patient within two years following termination of therapy, or sexual misconduct that is substantially related to the qualifications, functions or duties of a
psychologist or psychological assistant or registered psychologist.
(p) Functioning outside of his or her particular field or fields of competence
as established by his or her education, training, and experience.
(q) Willful failure to submit, on behalf of an applicant for licensure,
verification of supervised experience to the board.
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(r) Repeated acts of negligence.
Added Stats 1967 ch 1677 § 2. Amended Stats 1970 ch 1318 § 3; Stats 1973 ch 757 § 9; Stats 1977
ch 509 § 5; Stats 1978 ch 1208 § 15; Stats 1979 ch 955 § 4; Stats 1982 ch 462 § 4; Stats 1984 ch 1635
§ 6; Stats 1985 ch 990 § 2, effective September 26, 1985; Stats 1988 ch 800 § 2; Stats 1989 ch 888
§ 30; Stats 1992 ch 1099 § 2 (AB 3034); Stats 1994 ch 26 § 76 (AB 1807), effective March 30, 1994;
Stats 1994 ch 1275 § 21 (SB 2101); Stats 1998 ch 879 § 2 (SB 2238); Stats 1999 ch 655 § 43 (SB
1308); Stats 2000 ch 836 § 20 (SB 1554).

§ 2960.05. Limitations period for filing accusation against licensee
(a) Except as provided in subdivisions (b), (c), and (e), any accusation filed
against a licensee pursuant to Section 11503 of the Government Code shall be
filed within three years from the date the board discovers the alleged act or
omission that is the basis for disciplinary action, or within seven years from
the date the alleged act or omission that is the basis for disciplinary action
occurred, whichever occurs first.
(b) An accusation filed against a licensee pursuant to Section 11503 of the
Government Code alleging the procurement of a license by fraud or misrepresentation is not subject to the limitations set forth in subdivision (a).
(c) The limitation provided for by subdivision (a) shall be tolled for the
length of time required to obtain compliance when a report required to be filed
by the licensee or registrant with the board pursuant to Article 11 (commencing with Section 800) of Chapter 1 is not filed in a timely fashion.
(d) If an alleged act or omission involves a minor, the seven-year limitations
period provided for by subdivision (a) and the 10-year limitations period
provided for by subdivision (e) shall be tolled until the minor reaches the age
of majority.
(e) An accusation filed against a licensee pursuant to Section 11503 of the
Government Code alleging sexual misconduct shall be filed within three years
after the board discovers the act or omission alleged as the ground for
disciplinary action, or within 10 years after the act or omission alleged as the
ground for disciplinary action occurs, whichever occurs first. This subdivision
shall apply to a complaint alleging sexual misconduct received by the board on
and after January 1, 2002.
(f) The limitations period provided by subdivision (a) shall be tolled during
any period if material evidence necessary for prosecuting or determining
whether a disciplinary action would be appropriate is unavailable to the board
due to an ongoing criminal investigation.
Added Stats 1999 ch 459 § 1 (SB 809). Amended Stats 2001 ch 617 § 2 (AB 1616).

§ 2960.1. Sexual contact with patient; Revocation
Notwithstanding Section 2960, any proposed decision or decision issued
under this chapter in accordance with the procedures set forth in Chapter 5
(commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the
Government Code, that contains any finding of fact that the licensee or
registrant engaged in any act of sexual contact, as defined in Section 728, when
that act is with a patient, or with a former patient within two years following
termination of therapy, shall contain an order of revocation. The revocation
shall not be stayed by the administrative law judge.
Added Stats 1994 ch 1274 § 1.8 (SB 2039). Amended Stats 1998 ch 879 § 3 (SB 2238).

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§ 2960.2. Licensee’s physical, emotional and mental condition evaluated
(a) A licensee shall meet the requirements set forth in subdivision (f) of
Section 1031 of the Government Code prior to performing either of the
following:
(1) An evaluation of a peace officer applicant’s emotional and mental
condition.
(2) An evaluation of a peace officer’s fitness for duty.
(b) This section shall become operative on January 1, 2005.
Added Stats 2003 ch 777 § 2 (AB 1669), operative January 1, 2005.

§ 2960.5. Mental illness or chemical dependency
The board may refuse to issue any registration or license whenever it
appears that an applicant may be unable to practice his or her profession safely
due to mental illness or chemical dependency. The procedures set forth in
Article 12.5 (commencing with Section 820) of Chapter 1 shall apply to any
denial of a license or registration pursuant to this section.
Added Stats 1992 ch 384 § 1 (SB 1773).

§ 2960.6. Actions by other states
The board may deny any application for, or may suspend or revoke a license
or registration issued under this chapter for, any of the following:
(a) The revocation, suspension, or other disciplinary action imposed by
another state or country on a license, certificate, or registration issued by that
state or country to practice psychology shall constitute grounds for disciplinary
action for unprofessional conduct against that licensee or registrant in this
state. A certified copy of the decision or judgment of the other state or country
shall be conclusive evidence of that action.
(b) The revocation, suspension, or other disciplinary action by any board
established in this division, or the equivalent action of another state’s or
country’s licensing agency, of the license of a healing arts practitioner shall
constitute grounds for disciplinary action against that licensee or registrant
under this chapter. The grounds for the action shall be substantially related to
the qualifications, functions, or duties of a psychologist or psychological
assistant. A certified copy of the decision or judgment shall be conclusive
evidence of that action.
Added Stats 1992 ch 384 § 2 (SB 1773). Amended Stats 1994 ch 1275 § 22 (SB 2101).

§ 2961. Scope of action
The board may deny an application for, or issue subject to terms and
conditions, or suspend or revoke, or impose probationary conditions upon, a
license or registration after a hearing as provided in Section 2965.
Added Stats 1967 ch 1677 § 2. Amended Stats 1978 ch 1208 § 16; Stats 1986 ch 1163 § 1; Stats 1989
ch 888 § 31.

§ 2962. Petition for reinstatement or modification of penalty
(a) A person whose license or registration has been revoked, suspended, or
surrendered, or who has been placed on probation, may petition the board for
reinstatement or modification of the penalty, including modification or termination of probation, after a period of not less than the following minimum
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periods has elapsed from the effective date of the decision ordering that
disciplinary action:
(1) At least three years for reinstatement of a license revoked or surrendered.
(2) At least two years for early termination of probation of three years or
more.
(3) At least two years for modification of a condition of probation.
(4) At least one year for early termination of probation of less than three
years.
(b) The board may require an examination for that reinstatement.
(c) Notwithstanding Section 489, a person whose application for a license or
registration has been denied by the board, for violations of Division 1.5
(commencing with Section 475) of this chapter, may reapply to the board for a
license or registration only after a period of three years has elapsed from the
date of the denial.
Added Stats 1994 ch 1275 § 24 (SB 2101). Amended Stats 2000 ch 836 § 21 (SB 1554).

§ 2963. Matters deemed conviction
A plea or verdict of guilty or a conviction following a plea of nolo contendere
made to a charge which is substantially related to the qualifications, functions
and duties of a psychologist or psychological assistant is deemed to be a
conviction within the meaning of this article. The board may order the license
suspended or revoked, or may decline to issue a license when the time for
appeal has elapsed, or the judgment of conviction has been affirmed on appeal
or when an order granting probation is made suspending the imposition of
sentence, irrespective of a subsequent order under Section 1203.4 of the Penal
Code allowing the person to withdraw his or her plea of guilty and to enter a
plea of not guilty, or setting aside the verdict of guilty, or dismissing the
accusation, information or indictment.
Added Stats 1967 ch 1677 § 2. Amended Stats 1978 ch 1208 § 17; Stats 1986 ch 1163 § 2; Stats 1989
ch 888 § 33.

§ 2964. Report of license revocation or restoration
Whenever the board orders a license revoked for cause, with the exception of
nonpayment of fees, or restores a license, these facts shall be reported to all
other state psychology licensing boards.
Added Stats 1982 ch 462 § 5. Amended Stats 1989 ch 888 § 34.

§ 2964.3. Persons required to register as sex offenders
Any person required to register as a sex offender pursuant to Section 290 of
the Penal Code, is not eligible for licensure or registration by the board.
Added Stats 1998 ch 589 § 8 (SB 1983).

§ 2964.5. Conditions of probation or suspension
The board at its discretion may require any licensee placed on probation or
whose license is suspended, to obtain additional professional training, to pass
an examination upon the completion of that training, and to pay the necessary
examination fee. The examination may be written or oral or both, and may
include a practical or clinical examination.
Added Stats 1982 ch 462 § 6. Amended Stats 1991 ch 1091 § 5 (AB 1487).

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§ 2964.6. Payment of probationary costs
An administrative disciplinary decision that imposes terms of probation may
include, among other things, a requirement that the licensee who is being
placed on probation pay the monetary costs associated with monitoring the
probation.
Added Stats 1995 ch 708 § 12 (SB 609).

§ 2965. Conduct of proceedings
The proceedings under this article shall be conducted by the board in
accordance with Chapter 5 (commencing with Section 11500) of Part 1 of
Division 3 of Title 2 of the Government Code.
Added Stats 1967 ch 1677 § 2. Amended Stats 1989 ch 888 § 35.

§ 2966. Suspension during incarceration for felony conviction; Determination of substantial relationship of felony to functions of psychologist; Discipline or denial of license
(a) A psychologist’s license shall be suspended automatically during any
time that the holder of the license is incarcerated after conviction of a felony,
regardless of whether the conviction has been appealed. The board shall,
immediately upon receipt of the certified copy of the record of conviction,
determine whether the license of the psychologist has been automatically
suspended by virtue of his or her incarceration, and if so, the duration of that
suspension. The board shall notify the psychologist of the license suspension
and of his or her right to elect to have the issue of penalty heard as provided
in this section.
(b) Upon receipt of the certified copy of the record of conviction, if after a
hearing it is determined therefrom that the felony of which the licensee was
convicted was substantially related to the qualifications, functions, or duties of
a psychologist, the board shall suspend the license until the time for appeal has
elapsed, if no appeal has been taken, or until the judgment of conviction has
been affirmed on appeal or has otherwise become final, and until further order
of the board. The issue of substantial relationship shall be heard by an
administrative law judge sitting alone or with a panel of the board, in the
discretion of the board.
(c) Notwithstanding subdivision (b), a conviction of any crime referred to in
Section 187, 261, 262, or 288 of the Penal Code, shall be conclusively presumed
to be substantially related to the qualifications, functions, or duties of a
psychologist and no hearing shall be held on this issue. Upon its own motion or
for good cause shown, the board may decline to impose or may set aside the
suspension when it appears to be in the interest of justice to do so, with due
regard to maintaining the integrity of and confidence in the psychology
profession.
(d)(1) Discipline or the denial of the license may be ordered in accordance
with Section 2961, or the board may order the denial of the license when the
time for appeal has elapsed, the judgment of conviction has been affirmed on
appeal, or an order granting probation is made suspending the imposition of
sentence, irrespective of a subsequent order under Section 1203.4 of the Penal
Code allowing the person to withdraw his or her plea of guilty and to enter a
plea of not guilty, setting aside the verdict of guilty, or dismissing the
accusation, complaint, information, or indictment.
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(2) The issue of penalty shall be heard by an administrative law judge
sitting alone or with a panel of the board, in the discretion of the board. The
hearing shall not be commenced until the judgment of conviction has become
final or, irrespective of a subsequent order under Section 1203.4 of the Penal
Code, an order granting probation has been made suspending the imposition of
sentence; except that a licensee may, at his or her option, elect to have the issue
of penalty decided before those time periods have elapsed. Where the licensee
so elects, the issue of penalty shall be heard in the manner described in this
section at the hearing to determine whether the conviction was substantially
related to the qualifications, functions, or duties of a psychologist. If the
conviction of a licensee who has made this election is overturned on appeal, any
discipline ordered pursuant to this section shall automatically cease. Nothing
in this subdivision shall prohibit the board from pursuing disciplinary action
based on any cause other than the overturned conviction.
(e) The record of the proceedings resulting in the conviction, including a
transcript of the testimony therein, may be received in evidence.
Added Stats 1998 ch 589 § 9 (SB 1983).

§ 2969. Penalties for failure to provide medical records; Failure to
comply with court order; Multiple acts
(a)(1) A licensee who fails or refuses to comply with a request for the medical
records of a patient, that is accompanied by that patient’s written authorization for release of records to the board, within 15 days of receiving the request
and authorization, shall pay to the board a civil penalty of one thousand dollars
($1,000) per day for each day that the documents have not been produced after
the 15th day, unless the licensee is unable to provide the documents within this
time period for good cause.
(2) A health care facility shall comply with a request for the medical records
of a patient that is accompanied by that patient’s written authorization for
release of records to the board together with a notice citing this section and
describing the penalties for failure to comply with this section. Failure to
provide the authorizing patient’s medical records to the board within 30 days
of receiving the request, authorization, and notice shall subject the health care
facility to a civil penalty, payable to the board, of up to one thousand dollars
($1,000) per day for each day that the documents have not been produced after
the 30th day, up to ten thousand dollars ($10,000), unless the health care
facility is unable to provide the documents within this time period for good
cause. This paragraph shall not require health care facilities to assist the
board in obtaining the patient’s authorization. The board shall pay the
reasonable costs of copying the medical records.
(b)(1) A licensee who fails or refuses to comply with a court order, issued in
the enforcement of a subpoena, mandating the release of records to the board
shall pay to the board a civil penalty of one thousand dollars ($1,000) per day
for each day that the documents have not been produced after the date by
which the court order requires the documents to be produced, unless it is
determined that the order is unlawful or invalid. Any statute of limitations
applicable to the filing of an accusation by the board shall be tolled during the
period the licensee is out of compliance with the court order and during any
related appeals.
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(2) Any licensee who fails or refuses to comply with a court order, issued in
the enforcement of a subpoena, mandating the release of records to the board,
shall be subject to a civil penalty, payable to the board, of not to exceed five
thousand dollars ($5,000). The amount of the penalty shall be added to the
licensee’s renewal fee if it is not paid by the next succeeding renewal date. Any
statute of limitations applicable to the filing of an accusation by the board shall
be tolled during the period the licensee is out of compliance with the court
order and during any related appeals.
(3) A health care facility that fails or refuses to comply with a court order,
issued in the enforcement of a subpoena, mandating the release of patient
records to the board, that is accompanied by a notice citing this section and
describing the penalties for failure to comply with this section, shall pay to the
board a civil penalty of up to one thousand dollars ($1,000) per day for each day
that the documents have not been produced, up to ten thousand dollars
($10,000), after the date by which the court order requires the documents to be
produced, unless it is determined that the order is unlawful or invalid. Any
statute of limitations applicable to the filing of an accusation by the board
against a licensee shall be tolled during the period the health care facility is
out of compliance with the court order and during any related appeals.
(4) Any health care facility that fails or refuses to comply with a court order,
issued in the enforcement of a subpoena, mandating the release of records to
the board, shall be subject to a civil penalty, payable to the board, of not to
exceed five thousand dollars ($5,000). Any statute of limitations applicable to
the filing of an accusation by the board against a licensee shall be tolled during
the period the health care facility is out of compliance with the court order and
during any related appeals.
(c) Multiple acts by a licensee in violation of subdivision (b) shall be a
misdemeanor punishable by a fine not to exceed five thousand dollars ($5,000)
or by imprisonment in a county jail not exceeding six months, or by both that
fine and imprisonment. Multiple acts by a health care facility in violation of
subdivision (b) shall be a misdemeanor punishable by a fine not to exceed five
thousand dollars ($5,000) and shall be reported to the State Department of
Health Services and shall be considered as grounds for disciplinary action with
respect to licensure, including suspension or revocation of the license or
certificate.
(d) A failure or refusal of a licensee to comply with a court order, issued in
the enforcement of a subpoena, mandating the release of records to the board
constitutes unprofessional conduct and is grounds for suspension or revocation
of his or her license.
(e) The imposition of the civil penalties authorized by this section shall be in
accordance with the Administrative Procedure Act (Chapter 5 (commencing
with Section 11500) of Division 3 of Title 2 of the Government Code.
(f) For purposes of this section, “health care facility” means a clinic or health
facility licensed or exempt from licensure pursuant to Division 2 (commencing
with Section 1200) of the Health and Safety Code.
Added Stats 2000 ch 836 § 22 (SB 1554).

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ARTICLE 5
Penalties
§ 2970. Violation of chapter as misdemeanor
Any person who violates any of the provisions of this chapter shall be guilty
of a misdemeanor punishable by imprisonment in the county jail not exceeding
six months, or by a fine not exceeding two thousand dollars ($2,000), or by both.
Added Stats 1967 ch 1677 § 2. Amended Stats 1982 ch 462 § 7; Stats 1983 ch 1092 § 12, effective
September 27, 1983, operative January 1, 1984.

§ 2971. Injunctions
Whenever any person other than a licensed psychologist has engaged in any
act or practice that constitutes an offense against this chapter, the superior
court of any county, on application of the board, may issue an injunction or
other appropriate order restraining that conduct. Proceedings under this
section shall be governed by Chapter 3 (commencing with Section 525) of Title
7, Part 2 of the Code of Civil Procedure, except that it shall be presumed that
there is no adequate remedy at law, and that irreparable damage will occur if
the continued violation is not restrained or enjoined. On the written request of
the board, or on its own motion, the board may commence action in the
superior court under this section.
Added Stats 1967 ch 1677 § 2. Amended Stats 1978 ch 1161 § 206; Stats 1982 ch 517 § 10 (ch 462
prevails), ch 462 § 8; Stats 1989 ch 888 § 36; Stats 1995 ch 279 § 17 (AB 1471); Stats 1997 ch 758
§ 41 (SB 1346).

ARTICLE 7
Revenue
§ 2980. Psychology Fund
There is in the State Treasury the Psychology Fund. The board shall report
to the Controller at the beginning of each calendar month, for the month
preceding, the amount and source of all revenue received by it, pursuant to this
chapter, and shall pay the entire amount thereof to the Treasurer for deposit
into that fund. All revenue received by the board from fees authorized to be
charged relating to the practice of psychology shall be deposited into that fund
as provided in this section.
Added Stats 1980 ch 1313 § 9.2, operative July 1, 1981. Amended Stats 1989 ch 886 § 58 (ch 888
prevails), ch 888 § 37; Stats 1990 ch 622 § 4 (SB 2720); Stats 1997 ch 758 § 42 (SB 1346).

§ 2981. Funding
The money in the Psychology Fund shall be used for the administration of
this chapter.
Added Stats 1967 ch 1677 § 2. Amended Stats 1978 ch 1208 § 23; Stats 1980 ch 1313 § 9.3, operative
July 1, 1981; Stats 2005 ch 74 § 9 (AB 139), effective July 19, 2005.

§ 2982. Expiration of licenses; Renewal of unexpired licenses
All licenses expire and become invalid at 12 midnight on the last day of
February, 1980, and thereafter shall expire at 12 midnight of the legal birth
date of the licensee during the second year of a two-year term, if not renewed.
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The board shall establish by regulation procedures for the administration of
the birth date renewal program, including but not limited to, the establishment of a pro rata formula for the payments of fees by licentiates affected by
the implementation of that program and the establishment of a system of
staggered license application dates such that a relatively equal number of
licenses expire annually.
To renew an unexpired license, the licensee shall, on or before the date on
which it would otherwise expire, apply for renewal on a form provided by the
board, accompanied by the prescribed renewal fee.
Added Stats 1967 ch 1677 § 1. Amended Stats 1968 ch 455 § 2; Stats 1969 ch 53 § 2; Stats 1973 ch
757 § 10; Stats 1978 ch 1208 § 23.3; Stats 1989 ch 888 § 38.

§ 2983. Initial license fee
Every person to whom a license is issued shall, as a condition precedent to
its issuance, and in addition to any application, examination or other fee, pay
the prescribed initial license fee.
Added Stats 1967 ch 1677 § 2. Amended Stats 1978 ch 1208 § 23.4; Stats 1989 ch 888 § 39; Stats
2005 ch 658 § 12 (SB 229), effective January 1, 2006.

§ 2984. Renewal of expired licenses
Except as provided in Section 2985, a license that has expired may be
renewed at any time within three years after its expiration on filing of an
application for renewal on a form prescribed by the board and payment of all
accrued and unpaid renewal fees. If the license is renewed after its expiration,
the licensee, as a condition precedent to renewal, shall also pay the prescribed
delinquency fee, if any. Renewal under this section shall be effective on the
date on which the application is filed, on the date on which all renewal fees are
paid, or on the date on which the delinquency fee, if any, is paid, whichever last
occurs. If so renewed, the license shall continue in effect through the expiration
date provided in Section 2982 which next occurs after the effective date of the
renewal, when it shall expire and become invalid if it is not again renewed.
Added Stats 1967 ch 1677 § 2. Amended Stats 1978 ch 1208 § 24; Stats 1989 ch 888 § 40; Stats 1994
ch 26 § 80 (AB 1807), effective March 30, 1994; Stats 1997 ch 758 § 43 (SB 1346); Stats 1998 ch 970
§ 12.5 (AB 2802); Stats 2001 ch 435 § 8 (SB 349).

§ 2985. Renewal of suspended licenses; Reinstatement of revoked
licenses
A suspended license is subject to expiration and shall be renewed as provided
in this article, but such renewal does not entitle the licensee, while the license
remains suspended, and until it is reinstated, to engage in the licensed activity,
or in any other activity or conduct in violation of the order or judgment by
which the license was suspended.
A license revoked on disciplinary grounds is subject to expiration as provided
in this article, but it may not be renewed. If it is reinstated after its expiration,
the licensee, as a condition to reinstatement, shall pay a reinstatement fee in
an amount equal to the renewal fee in effect on the last preceding regular
renewal date before the date on which it is reinstated, plus the delinquency fee,
if any, accrued at the time of its revocation.
Added Stats 1967 ch 1677 § 2.

§ 2986. Effect of failure to renew within prescribed time
A person who fails to renew his or her license within the three years after its
expiration may not renew it, and it may not be restored, reissued, or reinstated
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thereafter, but that person may apply for and obtain a new license if he or she
meets the requirements of this chapter provided that he or she:
(a) Has not committed any acts or crimes constituting grounds for denial of
licensure.
(b) Establishes to the satisfaction of the board that with due regard for the
public interest, he or she is qualified to practice psychology.
(c) Pays all of the fees that would be required if application for licensure was
being made for the first time.
The board may provide for the waiver or refund of all or any part of an
examination fee in those cases in which a license is issued without examination pursuant to this section.
Added Stats 1967 ch 1677 § 2. Amended Stats 1982 ch 462 § 9; Stats 1989 ch 888 § 41; Stats 1994
ch 26 § 81 (AB 1807), effective March 30, 1994.

§ 2987. Fee schedule
The amount of the fees prescribed by this chapter shall be determined by the
board, and shall be as follows:
(a) The application fee for a psychologist shall not be more than fifty dollars
($50).
(b) The examination and reexamination fees for the examinations shall be
the actual cost to the board of developing, purchasing, and grading of each
examination, plus the actual cost to the board of administering each examination.
(c) The initial license fee is an amount equal to the renewal fee in effect on
the last regular renewal date before the date on which the license is issued.
(d) The biennial renewal fee for a psychologist shall be four hundred dollars
($400). The board may increase the renewal fee to an amount not to exceed five
hundred dollars ($500).
(e) The application fee for registration and supervision of a psychological
assistant by a supervisor under Section 2913, which is payable by that
supervisor, shall not be more than seventy-five dollars ($75).
(f) The annual renewal fee for registration of a psychological assistant shall
not be more than seventy-five dollars ($75).
(g) The duplicate license or registration fee is five dollars ($5).
(h) The delinquency fee is twenty-five dollars ($25).
(i) The endorsement fee is five dollars ($5).
Notwithstanding any other provision of law, the board may reduce any fee
prescribed by this section, when, in its discretion, the board deems it administratively appropriate.
Added Stats 1967 ch 1677 § 2, as B & P C § 2949. Amended Stats 1973 ch 659 § 1. Amended and
Renumbered by Stats 1978 ch 1208 § 13.4. Amended Stats 1988 ch 929 § 1; Stats 1989 ch 886 § 59
(ch 888 prevails), ch 888 § 42; Stats 1990 ch 622 § 5 (SB 2720); Stats 1992 ch 1289 § 25 (AB 2743);
Stats 1994 ch 26 § 82 (AB 1807), effective March 30, 1994; Stats 2005 ch 658 § 13 (SB 229), effective
January 1, 2006.

§ 2987.2. Additional fee at time of renewal
In addition to the fees charged pursuant to Section 2987 for the biennial
renewal of a license, the board shall collect an additional fee of ten dollars ($10)
at the time of renewal. The board shall transfer this amount to the Controller
who shall deposit the funds in the Mental Health Practitioner Education Fund.
Added Stats 2003 ch 437 § 2 (AB 938).

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§ 2987.5. Exemption from payment of renewal fee
Every person licensed under this chapter is exempt from the payment of the
renewal fee in any one of the following instances:
While engaged in full-time active service in the Army, Navy, Air Force or
Marines, or in the United States Public Health Service, or while a volunteer in
the Peace Corps or Vista.
Every person exempted from the payment of the renewal fee by this section
shall not engage in any private practice and shall become liable for the fee for
the current renewal period upon the completion of his or her period of full-time
active service and shall have a period of 60 days after becoming liable within
which to pay the fee before the delinquency fee becomes applicable. Any person
who completes his or her period of full-time active service within 60 days of the
end of a renewal period is exempt from the payment of the renewal fee for that
period.
The time spent in that full-time active service or full-time training and
active service shall not be included in the computation of the three-year period
for renewal of a license provided in Section 2986.
The exemption provided by this section shall not be applicable if the person
engages in any practice for compensation other than full-time service in the
Army, Navy, Air Force or Marines or in the United States Public Health Service
or the Peace Corps or Vista.
Added Stats 1978 ch 1208 § 24.3. Amended Stats 1996 ch 829 § 71 (AB 3473).

§ 2988. Inactive licenses
A licensed psychologist who for reasons, including, but not limited to,
retirement, ill health, or absence from the state, is not engaged in the practice
of psychology, may apply to the board to request that his or her license be
placed on an inactive status. A licensed psychologist who holds an inactive
license shall pay a biennial renewal fee, fixed by the board, of no more than
forty dollars ($40). A psychologist holding an inactive license shall be exempt
from continuing education requirements specified in Section 2915, but shall
otherwise be subject to this chapter and shall not engage in the practice of
psychology in this state. Licensees on inactive status who have not committed
any acts or crimes constituting grounds for denial of licensure and have
completed the continuing education requirements specified in Section 2915
may, upon their request have their license to practice psychology placed on
active status.
Added Stats 1982 ch 462 § 10. Amended Stats 1989 ch 888 § 43; Stats 1992 ch 260 § 3 (SB 774);
Stats 2005 ch 658 § 14 (SB 229), effective January 1, 2006.

§ 2989. Determination of fees
The fees in this article shall be fixed by the board and shall be set forth with
the regulations which are duly adopted under this chapter.
Added Stats 1967 ch 1677 § 2, as B & P C § 2950; Renumbered by Stats 1978 ch 1208 § 14. Amended
Stats 1989 ch 888 § 44.

ARTICLE 9
Psychological Corporations
§ 2995. Psychological corporation
A psychological corporation is a corporation that is authorized to render
professional services, as defined in Section 13401 of the Corporations Code, so
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long as that corporation and its shareholders, officers, directors, and employees
rendering professional services who are psychologists, podiatrists, registered
nurses, optometrists, marriage and family therapists, licensed clinical social
workers, chiropractors, acupuncturists, or physicians are in compliance with
the Moscone-Knox Professional Corporation Act, this article, and all other
statutes and regulations now or hereafter enacted or adopted pertaining to
that corporation and the conduct of its affairs.
Added Stats 1980 ch 1314 § 15. Amended Stats 1981 ch 621 § 3; Stats 1989 ch 886 § 60 (ch 888
prevails), ch 888 § 45; Stats 1990 ch 622 § 6 (SB 2720); Stats 2000 ch 836 § 23 (SB 1554); Stats 2001
ch 159 § 10 (SB 662).

§ 2996. Violation as unprofessional conduct
It shall constitute unprofessional conduct and a violation of this chapter for
any person licensed under this chapter to violate, attempt to violate, directly or
indirectly, or assist in or abet the violation of, or conspire to violate, any
provision or term of this article, the Moscone-Knox Professional Corporation
Act, or any regulations duly adopted under those laws.
Added Stats 1980 ch 1314 § 15.

§ 2996.1. Conduct of practice
A psychological corporation shall not do or fail to do any act the doing of
which or the failure to do which would constitute unprofessional conduct under
any statute or regulation now or hereafter in effect. In the conduct of its
practice, it shall observe and be bound by such statutes and regulations to the
same extent as a person licensed under this chapter.
Added Stats 1980 ch 1314 § 15.

§ 2996.2. Accrual of income to shareholder while disqualified prohibited
The income of a psychological corporation attributable to professional
services rendered while a shareholder is a disqualified person, as defined in
Section 13401 of the Corporations Code, shall not in any manner accrue to the
benefit of such shareholder or his or her shares in the psychological corporation.
Added Stats 1980 ch 1314 § 15.

§ 2997. Shareholders, directors and officers to be licensees
Except as provided in Sections 13401.5 and 13403 of the Corporations Code,
each shareholder, director and officer of a psychological corporation, except an
assistant secretary and an assistant treasurer, shall be a licensed person as
defined in Section 13401 of the Corporations Code.
Added Stats 1980 ch 1314 § 15.

§ 2998. Name
The name of a psychological corporation and any name or names under
which it may render professional services shall contain one of the words
specified in subdivision (c) of Section 2902, and wording or abbreviations
denoting corporate existence.
Added Stats 1980 ch 1314 § 15.

§ 2999. Regulation by committee
The board may adopt and enforce regulations to carry out the purposes and
objectives of this article, including regulations requiring (a) that the bylaws of
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a psychological corporation shall include a provision whereby the capital stock
of that corporation owned by a disqualified person, as defined in Section 13401
of the Corporations Code, or a deceased person, shall be sold to the corporation
or to the remaining shareholders of that corporation within any time as those
regulations may provide, and (b) that a psychological corporation shall provide
adequate security by insurance or otherwise for claims against it by its
patients or clients arising out of the rendering of professional services.
Added Stats 1980 ch 1314 § 15. Amended Stats 1989 ch 888 § 46.

DIVISION 7
General Business Regulations
PART 3
Representations to the Public
CHAPTER 1
Advertising
ARTICLE 1
False Advertising in General
§ 17500. False or misleading statements generally
It is unlawful for any person, firm, corporation or association, or any
employee thereof with intent directly or indirectly to dispose of real or personal
property or to perform services, professional or otherwise, or anything of any
nature whatsoever or to induce the public to enter into any obligation relating
thereto, to make or disseminate or cause to be made or disseminated before the
public in this state, or to make or disseminate or cause to be made or
disseminated from this state before the public in any state, in any newspaper
or other publication, or any advertising device, or by public outcry or proclamation, or in any other manner or means whatever, including over the
Internet, any statement, concerning that real or personal property or those
services, professional or otherwise, or concerning any circumstance or matter
of fact connected with the proposed performance or disposition thereof, which
is untrue or misleading, and which is known, or which by the exercise of
reasonable care should be known, to be untrue or misleading, or for any person,
firm, or corporation to so make or disseminate or cause to be so made or
disseminated any such statement as part of a plan or scheme with the intent
not to sell that personal property or those services, professional or otherwise,
so advertised at the price stated therein, or as so advertised. Any violation of
the provisions of this section is a misdemeanor punishable by imprisonment in
the county jail not exceeding six months, or by a fine not exceeding two
thousand five hundred dollars ($2,500), or by both that imprisonment and fine.
Added Stats 1941 ch 63 § 1. Amended Stats 1955 ch 1358 § 1; Stats 1976 ch 1125 § 4; Stats 1979 ch
492 § 1; Stats 1998 ch 599 § 2.5 (SB 597).

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§ 17500.1. Prohibition against enactment of rule, regulation, or code
of ethics restricting or prohibiting advertising not violative of law
Notwithstanding any other provision of law, no trade or professional association, or state agency, state board, or state commission within the Department of Consumer Affairs shall enact any rule, regulation, or code of professional ethics which shall restrict or prohibit advertising by any commercial or
professional person, firm, partnership or corporation which does not violate the
provisions of Section 17500 of the Business and Professions Code, or which is
not prohibited by other provisions of law.
The provisions of this section shall not apply to any rules or regulations
heretofore or hereafter formulated pursuant to Section 6076.
Added Stats 1949 ch 186 § 1. Amended Stats 1971 ch 716 § 180; Stats 1979 ch 653 § 12.

§ 17506.5. “Board within the Department of Consumer Affairs”; “Local consumer affairs agency”
As used in this chapter:
(a) “Board within the Department of Consumer Affairs” includes any
commission, bureau, division, or other similarly constituted agency within the
Department of Consumer Affairs.
(b) “Local consumer affairs agency” means and includes any city or county
body which primarily provides consumer protection services.
Added Stats 1979 ch 897 § 4.

§ 17507. Disclosure of price differentials respecting more than one
article of merchandise or type of service within same class
It is unlawful for any person, firm, corporation or association to make an
advertising claim or representation pertaining to more than one article of
merchandise or type of service, within the same class of merchandise or
service, if any price is set forth in such claim or representation does not clearly
and conspicuously identify the article of merchandise or type of service to
which it relates. Disclosure of the relationship between the price and particular article of merchandise or type of service by means of an asterisk or other
symbol, and corresponding footnote, does not meet the requirement of clear
and conspicuous identification when the particular article of merchandise or
type of service is not represented pictorially.
Added Stats 1971 ch 682 § 1.

§ 17508. Purportedly fact-based or brand-comparison advertisements
(a) It shall be unlawful for any person doing business in California and
advertising to consumers in California to make any false or misleading
advertising claim, including claims that (1) purport to be based on factual,
objective, or clinical evidence, (2) compare the product’s effectiveness or safety
to that of other brands or products, or (3) purport to be based on any fact.
(b) Upon written request of the Director of Consumer Affairs, the Attorney
General, any city attorney, or any district attorney, any person doing business
in California and in whose behalf advertising claims are made to consumers in
California, including claims that (1) purport to be based on factual, objective,
or clinical evidence, (2) compare the product’s effectiveness or safety to that of
other brands or products, or (3) purport to be based on any fact, shall provide
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to the department or official making the request evidence of the facts on which
the advertising claims are based. The request shall be made within one year of
the last day on which the advertising claims were made.
Any city attorney or district attorney who makes a request pursuant to this
subdivision shall give prior notice of the request to the Attorney General.
(c) The Director of Consumer Affairs, Attorney General, any city attorney, or
any district attorney may, upon failure of an advertiser to respond by
adequately substantiating the claim within a reasonable time, or if the
Director of Consumer Affairs, Attorney General, city attorney, or district
attorney shall have reason to believe that the advertising claim is false or
misleading, do either or both of the following:
(1) Seek an immediate termination or modification of the claim by the
person in accordance with Section 17535.
(2) Disseminate information, taking due care to protect legitimate trade
secrets, concerning the veracity of the claims or why the claims are misleading
to the consumers of this state.
(d) The relief provided for in subdivision (c) is in addition to any other relief
that may be sought for a violation of this chapter. Section 17534 shall not apply
to violations of this section.
(e) Nothing in this section shall be construed to hold any newspaper
publisher or radio or television broadcaster liable for publishing or broadcasting any advertising claims referred to in subdivision (a), unless the publisher
or broadcaster is the person making the claims.
(f) The plaintiff shall have the burden of proof in establishing any violation
of this section.
(g) If an advertisement is in violation of subdivision (a) and Section 17500,
the court shall not impose a separate civil penalty pursuant to Section 17536
for the violation of subdivision (a) and the violation of Section 17500 but shall
impose a civil penalty for the violation of either subdivision (a) or Section
17500.
Added Stats 1972 ch 1417 § 1. Amended Stats 1974 ch 23 § 1; Stats 1976 ch 1002 § 1; Stats 1989 ch
947 § 1; Stats 2006 ch 538 § 24 (SB 1852), effective January 1, 2007.

ARTICLE 2
Particular Offenses
§ 17535. Obtaining injunctive relief
Any person, corporation, firm, partnership, joint stock company, or any other
association or organization which violates or proposes to violate this chapter
may be enjoined by any court of competent jurisdiction. The court may make
such orders or judgments, including the appointment of a receiver, as may be
necessary to prevent the use or employment by any person, corporation, firm,
partnership, joint stock company, or any other association or organization of
any practices which violate this chapter, or which may be necessary to restore
to any person in interest any money or property, real or personal, which may
have been acquired by means of any practice in this chapter declared to be
unlawful.
Actions for injunction under this section may be prosecuted by the Attorney
General or any district attorney, county counsel, city attorney, or city prosecu82

tor in this state in the name of the people of the State of California upon their
own complaint or upon the complaint of any board, officer, person, corporation
or association or by any person who has suffered injury in fact and has lost
money or property as a result of a violation of this chapter. Any person may
pursue representative claims or relief on behalf of others only if the claimant
meets the standing requirements of this section and complies with Section 382
of the Code of Civil Procedure, but these limitations do not apply to claims
brought under this chapter by the Attorney General, or any district attorney,
county counsel, city attorney, or city prosecutor in this state.
Added Stats 1941 ch 63 § 1. Amended Stats 1972 ch 244 § 1, ch 711 § 3; amendment approved by
voters, Prop. 64 § 5, effective November 3, 2004.

§ 17535.5. Penalty for violating injunction; Proceedings; Disposition
of proceeds
(a) Any person who intentionally violates any injunction issued pursuant to
Section 17535 shall be liable for a civil penalty not to exceed six thousand
dollars ($6,000) for each violation. Where the conduct constituting a violation
is of a continuing nature, each day of such conduct is a separate and distinct
violation. In determining the amount of the civil penalty, the court shall
consider all relevant circumstances, including, but not limited to, the extent of
harm caused by the conduct constituting a violation, the nature and persistence of such conduct, the length of time over which the conduct occurred, the
assets, liabilities and net worth of the person, whether corporate or individual,
and any corrective action taken by the defendant.
(b) The civil penalty prescribed by this section shall be assessed and
recovered in a civil action brought in any county in which the violation occurs
or where the injunction was issued in the name of the people of the State of
California by the Attorney General or by any district attorney, county counsel,
or city attorney in any court of competent jurisdiction within his jurisdiction
without regard to the county from which the original injunction was issued. An
action brought pursuant to this section to recover such civil penalties shall
take special precedence over all civil matters on the calendar of the court
except those matters to which equal precedence on the calendar is granted by
law.
(c) If such an action is brought by the Attorney General, one-half of the
penalty collected pursuant to this section shall be paid to the treasurer of the
county in which the judgment was entered, and one-half to the State Treasurer. If brought by a district attorney or county counsel, the entire amount of
the penalty collected shall be paid to the treasurer of the county in which the
judgment is entered. If brought by a city attorney or city prosecutor, one-half
of the penalty shall be paid to the treasurer of the county in which the
judgment was entered and one-half to the city.
(d) If the action is brought at the request of a board within the Department
of Consumer Affairs or a local consumer affairs agency, the court shall
determine the reasonable expenses incurred by the board or local agency in the
investigation and prosecution of the action.
Before any penalty collected is paid out pursuant to subdivision (c), the
amount of such reasonable expenses incurred by the board shall be paid to the
State Treasurer for deposit in the special fund of the board described in Section
205. If the board has no such special fund, the moneys shall be paid to the State
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Treasurer. The amount of such reasonable expenses incurred by a local
consumer affairs agency shall be paid to the general fund of the municipality
or county which funds the local agency.
Added Stats 1973 ch 1042 § 1. Amended Stats 1974 ch 712 § 1; Stats 1979 ch 897 § 5.

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DIVISION 13.1
Board of Psychology
ARTICLE 1
General Provisions
§ 1380.  Citation and Authority.
This chapter may be cited and referred to as the “Psychology Regulations.’’

NOTE: Authority and reference cited: Section 2930, Business and Professions Code.
History
1. Renumbering of Section 1380 to Section 1380.1 and new Section 1380 filed 11-21-77; effective
thirtieth day thereafter (Register 77, No. 48). For prior history, see Register
76, No. 52.
2. Amendment filed 6-15-83; effective thirtieth day thereafter (Register 83, No. 25).

§ 1380.1.  Location of Principal Office.
The principal office of the Board of Psychology is located at 1625 North
Market Boulevard, Suite N-215, Sacramento, California 95834.

NOTE: Authority cited: Section 2930, Business and Professions Code. Reference: Section 2930,
Business and Professions Code.
History
1. Renumbering of section 1380 to section 1380.1 filed 11-21-77; effective thirtieth day thereafter
(Register 77, No. 48). For prior history, see Register 76, No. 52.
2. Change without regulatory effect pursuant to section 100, Title 1, California Code of Regulations
filed 3-5-90 (Register 90, No. 20).
3. Amendment filed 2-29-2000; operative 3-30-2000 (Register 2000, No. 9).
4. Change without regulatory effect amending section filed 4-14-2008 pursuant to section 100,
title 1, California Code of Regulations (Register 2008, No. 16).
5. Change without regulatory effect amending section filed 5-8-2013 pursuant to section 100, title
1, California Code of Regulations (Register 2013, No. 19).

§ 1380.3.  Definitions.
For the purpose of the regulations contained in this chapter, the term “board’’
means the Board of Psychology, and the term “code’’ means the Business and
Professions Code.

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Professional and Vocational Regulations

BOARD OF PSYCHOLOGY
NOTE: Authority and reference cited: Section 2930, Business and Professions Code.
History
1. Amendment filed 12-22-76; effective thirtieth day thereafter (Register 76,No. 52).
2. Renumbering of section 1380.2 to section 1380.3 filed 11-21-77; effective thirtieth day thereafter
(Register 77, No. 48).
3. Amendment filed 6-15-83; effective thirtieth day thereafter (Register 83, No. 25).
4. Change without regulatory effect pursuant to section 100, Title 1, California Code of Regulations
filed 3-5-90 (Register 90, No. 20).

Regulations

§ 1380.4.  Delegation of Functions.
Except for those powers reserved exclusively to the “agency itself ‘’ under the
Administrative Procedure Act (section 11500 et seq. of the Government Code),
the Board delegates and confers upon the executive officer for the Board, or in
his or her absence, his or her designee, all functions necessary to the dispatch
of business of the Board in connection with investigative and administrative
proceedings under the jurisdiction of the Board, including the authority to
order an examination pursuant to section 820 of the Code or section 1381, or
to approve a settlement agreement for the revocation, surrender, or interim
suspension of a license or registration.
NOTE: Authority cited: Section 2930, Business and Professions Code. Reference: Sections 2928
and 2965, Business and Professions Code; and Sections 11415.60 and 11500, Government Code.
History
1. Renumbering and amendment of section 1380.3 to section 1380.4 filed 11-21-77; effective
thirtieth day thereafter (Register 77, No. 48).
2. Amendment filed 6-15-83; effective thirtieth day thereafter (Register 83, No. 25).
3. Change without regulatory effect pursuant to section 100, title 1, California Code of Regulations
filed 3-5-90 (Register 90, No. 20).
4. Amendment filed 6-14-93; operative 7-1-93 pursuant to Government Code section 11346.2(d)
(Register 93, No. 25).
5. Amendment of section and Note filed 7-23-2012; operative 8-22-2012 (Register 2012, No. 30).

§ 1380.5.  Filing of Address.
Each person holding a license as a psychologist shall file with the board his
proper and current mailing address, and shall report immediately to the board
at its Sacramento office any and all changes of address, giving both his old and
new address.

NOTE: Authority cited: Section 2930, Business and Professions Code. Reference: Section 2982,
Business and Professions Code.
History
1. Renumbering of section 1380.4 to section 1380.5 filed 11-21-77; effective thirtieth day thereafter
(Register 77, No. 48).
2. Amendment filed 6-15-83; effective thirtieth day thereafter (Register 83, No. 25).
3. Change without regulatory effect pursuant to section 100, Title 1, California Code of Regulations
filed 3-5-90 (Register 90, No. 20).

§ 1380.6.  Display of License Number.
Pursuant to Section 137 of the code, every licensed psychologist shall
include his or her number in any advertising, public directory or solicitation,
regardless of whether such a presentment is made under the licensee’s own

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name, a fictitious business or group name or a corporate name.
This requirement shall not apply to psychologists practicing in
governmental organizations, nonprofit organizations which are engaged in
research, education or services which services are defined by a board composed
of community representatives and professionals.

§ 1380.7.  Declaratory Decisions.
No decision or opinion issued by the Board of Psychology is a declaratory
decision under Government Code Sections 11465.10-11456.70 unless the
decision or opinion specifically states that it is a “Declaratory Decision’’.
NOTE: Authority cited: Section 2930, Business and Professions Code. Reference: Sections
11465.10-11465.70, Government Code.
History
1. New section filed 7-2-99; operative 8-1-99 (Register 99, No. 27).

ARTICLE 2.
Applications
§ 1381.  Applications.
All applications shall be accompanied by such evidence, statements or
documents as therein required to establish that the applicant meets all of the
requirements for licensing or registration as set forth in the code.

Note: Authority cited: Section 2930, Business and Professions Code. Reference: Sections 2940
and 2941, Business and Professions Code.
History
1. Amendment filed 7-14-76; effective thirtieth day thereafter (Register 76, No. 29).
2. Amendment filed 12-22-76; effective thirtieth day thereafter (Register 76, No. 52).
3. Amendment filed 6-15-83; effective thirtieth day thereafter (Register 83, No. 25).
4. Change without regulatory effect pursuant to section 100, Title 1, California Code of Regulations
filed 3-5-90 (Register 90, No. 20).
5. Amendment filed 9-23-2004; operative 10-23-2004 (Register 2004, No. 39).

§ 1381.1.  Abandonment of Applications.
An application shall be denied without prejudice when, in the discretion
of the board, an applicant does not exercise due diligence in the completion
of his or her application, in furnishing additional information or documents
requested or in the payment of any required fees.
NOTE: Authority cited: Section 2930, Business and Professions Code. Reference: Section 2940,
Business and Professions Code.
History
1. Amendment filed 12-22-76, effective thirtieth day thereafter (Register 76, No. 52.).
2. Editorial correction to add section erroneously omitted (Register 78, No. 12).
3. Amendment filed 3-31-78; effective thirtieth day thereafter (Register 78, No. 13).
4. Change without regulatory effect pursuant to section 100, Title 1, California Code of Regulations

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Regulations

NOTE: Authority cited: Sections 137 and 2930, Business and Professions Code. Reference:
Section 137, Business and Professions Code.
History
1. New section filed 4-26-79; effective thirtieth day thereafter (Register 79, No. 17).

BOARD OF PSYCHOLOGY
filed 3-5-90 (Register 90, No. 20).

§ 1381.2.  Petition for Hearing.
An applicant for examination or licensure whose credentials indicate
ineligibility shall be notified of the deficiency. The applicant may correct the
deficiency indicated or in the alternative file a request for hearing before the
appropriate committee.

Regulations

NOTE: Authority cited: Section 2930, Business and Professions Code. Reference: Section 2940,
Business and Professions Code.
History
1. Amendment filed 6-15-83; effective thirtieth day thereafter (Register 83, No. 25).
2. Change without regulatory effect pursuant to section 100, Title 1, California Code of Regulations
filed 3-5-90 (Register 90, No. 20).

§ 1381.4. 
Failure to Appear for Examination—Withdrawal of
Application.
Any applicant approved to take or retake a board licensing examination
who fails to appear for such examination in any twelve month period shall
have his or her application withdrawn. An applicant who subsequently decides
to take the examination shall be required to file a new application and pay the
current application and examination fees.

Note: Authority cited: Section 2930, Business and Professions Code. Reference: Sections 2914,
2931, 2940, 2941, and 2942, Business and Professions Code.
History
1. New section filed 3-31-78; effective thirtieth day thereafter (Register 78, No.13).
2. Amendment of NOTE filed 4-26-79; effective thirtieth day thereafter (Register 79, No. 17).
3. Change without regulatory effect pursuant to section 100, Title 1, California Code of Regulations
filed 3-5-90 (Register 90, No. 20).
4. Amendment filed 3-13-97; operative 4-12-97 (Register 97, No. 11).
5. Repealer and new section filed 7-11-2001; operative 8-10-2001 (Register 2001, No. 28).

§ 1381.5.  Failure to Pay Initial License Fee.
An application shall be deemed to have been abandoned if an applicant
fails to pay the initial license fee within three years after notification by the
board. An applicant whose application has been deemed abandoned may again
be eligible for licensure upon the filing of a new application and meeting all
current licensing requirements, including payment of any fees. Such applicant
shall not be required to take the Examination for Professional Practice
in Psychology (EPPP) but shall take and pass the California Psychology
Supplemental Examination (CPSE).

NOTE: Authority cited: Section 2930, Business and Professions Code. Reference: Sections 2940
and 2983, Business and Professions Code.
History
1. New section filed 3-31-78; effective thirtieth day thereafter (Register 78, No.13).
2. Renumbering from section 1382 to section 1381. 5 filed 9-28-78; effective thirtieth day
thereafter (Register 78, No. 39).
3. Change without regulatory effect pursuant to section 100, Title 1, California Code of Regulations
filed 3-5-90 (Register 90, No. 20).
4. Amendment filed 3-13-97; operative 4-12-97 (Register 97, No. 11).

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CALIFORNIA CODE OF REGULATIONS

§ 1381.6.  Permit Processing Times.
“Permit’’ as defined by the Permit Reform Act of 1981 means any license,
certificate, registration permit or any other form of authorization required by
a state agency to engage in a particular activity or act. Processing times for
the board’s various programs are set forth below. The actual processing times
apply to those applicants who have passed all appropriate examinations.
Maximum
time for
notifying
the
applicant,
in writing,
that the
application
is complete
and
accepted for
filing, or
Maximum
that the
time after
application
receipt of a
is deficient
ACTUAL PROCESSING TIMES
complete
and what
FOR ISSUANCE OF A LICENSE
application
specific
BASED ON PRIOR TWO YEARS
to issue or
information
deny license
is required
Program
Minimum
Median Maximum
Psychological
Assistants
60
60
31
69
202
Psychologists
60
180
102
403
1,832
Registered
Psychologists
180
-01
15
216
(Retroactive
approval to
date
of
completion)
NOTE: Authority cited: Section 2930, Business and Professions Code. Reference: Section
15736, Government Code.
History
1. New section filed 5-14-91; operative 6-13-91 (Register 91, No. 27).

§ 1381.7.  Renewal of License.
(a)  A renewal application shall be accompanied by the fee or fees specified

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5. Change without regulatory effect amending section filed 8-11-2004 pursuant to section 100,
title 1, California Code of Regulations (Register 2004, No. 33).
6. Amendment filed 4-9-2007; operative 5-9-2007 (Register 2007, No. 15).
7. Amendment filed 4-1-2008; operative 4-1-2008 pursuant to Government Code section 11343.4
(Register 2008, No. 14).

BOARD OF PSYCHOLOGY

Regulations

in section 1392 or 1392.1.
(b)  For a license or registration that expires after December 31, 2010, as a
condition of renewal, an applicant for renewal not previously fingerprinted by
the board, or for whom an electronic record of the submission of fingerprints does
not exist in the Department of Justice’s criminal offender record identification
database, is required to furnish to the Department of Justice, as directed by the
board, a full set of fingerprints for the purpose of conducting a criminal history
record check and to undergo a state and federal level criminal offender record
information search conducted through the Department of Justice. Failure to
submit a full set of fingerprints to the Department of Justice on or before the
date required for renewal of a license or registration is grounds for discipline
by the board. The licensee or registrant shall certify on the renewal application
whether the fingerprints have been submitted. This requirement is waived if
the licensee or registrant renews in an inactive status, or is actively serving in
the military outside the country.
(c)  As a condition of renewal, an applicant for renewal shall disclose on the
renewal application whether, since he or she last renewed his or her license
or registration, he or she has been convicted of any violation of the law in
this or any other state, the United States or its territories, military court, or
other country, omitting traffic infractions under $500.00 not involving alcohol,
a dangerous drug, or a controlled substance.
(d)  As a condition of renewal, an applicant for renewal shall disclose on the
renewal application whether, since he or she last renewed his or her license or
registration, he or she has had a license disciplined by a government agency or
other disciplinary body. Discipline includes, but is not limited to, suspension,
revocation, voluntary surrender, probation, reprimand, or any other restriction
on a license or registration held.
(e)  Failure to provide all of the information required by this section renders
any application for renewal incomplete and the license or registration ineligible
for renewal.
NOTE: Authority cited: Sections 144, 2930 and 2982, Business and Professions Code. Reference:
Sections 2960, 2960.6, 2963, 2982, 2984, 2986 and 2988, Business and Professions Code; and Sections
11105(b)(10) and 11105(e), Penal Code.
History
1. New section filed 2-2-2011; operative 3-4-2011 (Register 2011, No. 5).

§ 1381.8.  Inactive License.
A license may be maintained in an inactive status by providing the renewal
application and fee specified in section 1392.
In addition to any other requirements, a licensee activating a license
pursuant to section 2988 of the Code shall furnish a full set of fingerprints as
required by and set out in section 1381.7(b) as a condition of activation.
NOTE: Authority cited: Section 2930, Business and Professions Code. Reference: Section 2988,
Business and Professions Code; and Section 11105(b)(10), Penal Code.
History
1. New section filed 2-2-2011; operative 3-4-2011 (Register 2011, No. 5).

§ 1381.9.  Renewal of Expired License.

In the event a licensee does not renew his or her license as provided in section

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CALIFORNIA CODE OF REGULATIONS
2982 of the Code, the license expires. In addition to any other requirements, a
licensee renewing pursuant to section 2984 of the Code shall furnish a full set
of fingerprints as required by and set out in section 1381.7(b) as a condition of
renewal.

ARTICLE 3.
Education and Experience
§ 1382.  Human Sexuality Training.

Unless otherwise exempted, all persons applying for a license as a
psychologist shall, in addition to all other requirements for licensure, have
completed coursework or training in human sexuality which meets the
requirements of this section. Such training shall:
(a)  Be completed after January 1, 1970.
(b)  Be obtained
(1)  In an accredited or approved educational institution, as defined in section
2901 of the Code, including extension courses offered by such institutions, or
(2)  In an educational institution approved by the Department of Education
pursuant to section 94310 of the Education Code, or
(3)  From a continuing education provider approved by a professional
association, or
(4)  In a course sponsored or offered by a professional association, or
(5)  In a course sponsored, offered or approved by a local, county or state
department of health or mental health or by health agencies of the Federal
Government.
(c)  Have a minimum length of ten (10) contact hours.
(d)  Include the study of physiological-psychological and social-cultural
variables associated with sexual identity, sexual behavior or sexual disorders.
All applicants shall provide the board with documentation of completion of
the required human sexuality training.
It is the intent of the board that all persons licensed to practice psychology
have minimal training in human sexuality. It is not intended that by complying
with the requirements of this section only, a practitioner is fully trained in the
subject of sex therapy.

NOTE: Authority cited: Section 2930, Business and Professions Code. Reference: Section 25,
Business and Professions Code.
History
1. Renumbering of section 1382 to section 1381.5 and new section 1382 filed 9-28-78; effective
thirtieth day thereafter (Register 78, No. 39). For history of former Section 1382, see Register 78,
No. 13.
2. Amendment filed 6-15-83; effective thirtieth day thereafter (Register 83, No. 25).
3. Change without regulatory effect pursuant to section 100, Title 1, California Code of Regulations
filed 3-5-90 (Register 90, No. 20).

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NOTE: Authority cited: Sections 2930 and 2982, Business and Professions Code. Reference:
Sections 2984 and 2986, Business and Professions Code; and Section 11105(b)(10), Penal Code.
History
1. New section filed 2-2-2011; operative 3-4-2011 (Register 2011, No. 5).

BOARD OF PSYCHOLOGY
§ 1382.3.  Training in Alcoholism/Chemical Dependency Detection and Treatment.

Regulations

The requirements set forth in Section 2914 (e) of the code shall be satisfied
by completion of a graduate level course which meets the following criteria:
(a)  The course shall be devoted solely to the topic of alcoholism and chemical
dependency detection and treatment and shall not be less than a; semester or
a quarter term in length.
(b)  The course must be obtained at an educational institution, or in an
extension course offered by an institution, which is either credited under
Education Code Section 94310.1, or approved under Education Code Section
94310.2, by the State Department of Education.
(c)  An original transcript indicating successful completion of the course
shall be deemed sufficient evidence for purposes of satisfying this requirement.
(d)  The course shall include training in each of the following subjects as
they relate to alcoholism and chemical dependency:
(1)  The definition of alcoholism and other chemical dependency, and the
evaluation of the user.
(2)  Current theories of, and research on, the etiology of substance abuse.
(3)  Physiological and medical aspects and effects of alcoholism and other
chemical dependency.
(4)  Psychopharmacology and the interaction of various classes of drugs,
including alcohol.
(5)  Diagnosing and differentiating alcoholism and substance abuse in
patients referred for’ other clinical symptoms, such as depression, anxiety,
psychosis, and impotence.
(6)  Populations at risk with regard to substance abuse.
(7)  Cultural and ethnic considerations.
(8)  Prenatal effects.
(9)  Adolescent substance abuse.
(10)  Implications for the geriatric population.
(11)  Iatrogenic dependency.
(12)  Major treatment approaches to alcoholism and chemical dependency,
including research and application.
(13)  The role of persons and systems which support or compound abuse.
(14)  Family issues which include treatment approaches with families of
alcoholics and/or substance abusers.
(15)  The process of referring affected persons.
(16)  Community resources offering assessment, treatment and follow up
for the abuser and family.
(17)  Ethical and Legal issues for clinical practice.
(18)  Prevention of substance abuse.

Note: Authority cited: Section 2930, Business and Professions Code. Reference: Section 2914(e),
Business and Professions Code.
History
1. Change without regulatory effect renumbering former section 1387.6 to section 1382.3 filed
2-19-2002 pursuant to section 100, title 1, California Code of Regulations (Register 2002, No. 8).
2. Change without regulatory effect amending first paragraph and subsection (d)(1) and adding

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CALIFORNIA CODE OF REGULATIONS
subsection (d)(5) designator filed 8-20-2002 pursuant to section 100, title 1, California Code of
Regulations (Register 2002, No. 34).

All persons applying for a license or renewal of a license as a psychologist
shall in addition to all other requirements for licensure, have completed
coursework or training in child abuse assessment and reporting and shall
submit documentation thereof to the board. The coursework or training in child
abuse assessment and reporting shall consist of not less than 7 instructional
hours and shall include training in each of the subject areas described in
section 28 of the Code. The coursework or training shall be:
(a)  Obtained at an educational institution, or in an extension course offered
by an institution which is accredited by the Western Association of Schools
and Colleges, the Northwest Association of Secondary and Higher Schools, or
an essentially equivalent accrediting agency as determined by the board or
approved by the State Department of Education pursuant to section 94310.2 of
the Education Code; or
(b)  Obtained from a statewide professional association representing the
professions of psychology, social work, or marriage, family and child counseling;
or
(c)  Obtained from or sponsored by a local county, state or federal
governmental entity.
(d)  Completed after January 1, 1983.

Note: Authority cited: Sections 28 and 2930, Business and Professions Code. Reference: Section
28, Business and Professions Code.
History
1. Change without regulatory effect renumbering former section 1387.7 to section 1382.4 filed
2-19-2002 pursuant to section 100, title 1, California Code of Regulations (Register 2002, No. 8).

§ 1382.5.  Spousal or Partner Abuse Assessment, Detection,
and Intervention Strategies Training Requirements.

All persons applying for a license as a psychologist who began their
graduate training on or after January 1, 1995 shall, in addition to all other
requirements for licensure, have completed coursework in spousal or partner
abuse assessment, detection, and intervention strategies and shall submit
documentation thereof to the board. The coursework in spousal or partner
abuse assessment, detection, and intervention strategies shall consist of not
less than a combined total of two (2) hours focused on this topic. All persons
applying for a license as a psychologist who began their graduate training on
or after January 1, 2004 shall also meet the above requirement, however, such
course shall consist of at least fifteen (15) contact hours.
The coursework shall be:
(a)  taken in fulfillment of other educational requirements in the applicant’s
graduate and/or doctoral training, or
(b)  taken in a separate course approved by the board’s recognized continuing
education accrediting agency, or
(c)  taken in a separate course provided by a sponsor approved by the
American Psychological Association.

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§ 1382.4.  Child Abuse Assessment Training Requirements.

BOARD OF PSYCHOLOGY
(d)  completed after January 1, 1995.
An applicant may request an exemption from this requirement if he or she
intends to practice in an area that does not include the direct provision of
mental health services.

Note: Authority cited: Sections 2914(f) and 2930, Business and Professions Code. Reference:
Section 2914(f), Business and Professions Code.
History
1. Change without regulatory effect renumbering former section 1387.8 to section 1382.5 filed
2-19-2002 pursuant to section 100, title 1, California Code of Regulations (Register 2002, No. 8).
2. Amendment of section heading, first paragraph and subsection (d) filed 10-22-2004; operative
11-21-2004 (Register 2004, No. 43).

Regulations

§ 1382.6.  Aging and Long-Term Care Training Requirements.

All persons applying for a license as a psychologist who began their
graduate training on or after January 1, 2004, shall, in addition to all other
requirements for licensure, have completed coursework in aging and longterm care which shall include but not be limited to the biological, social, and
psychological aspects of aging, and shall submit documentation thereof of the
board. The coursework in aging and long-term care shall consist of not less
than a combined total of ten (10) contact hours focused on this topic.
The coursework shall be:
(a)  taken in fulfillment of other educational requirements in the applicant’s
graduate and/or doctoral training, or
(b)  taken in a separate course approved by the board’s recognized continuing
education accrediting agency, or
(c)  taken in a separate course provided by a sponsor approved by the
American Psychological Association.
(d)  completed after January 1, 2004.

Note: Authority cited: Section 2915.5 and 2930, Business and Professions Code. Reference:
Section 2915.5, Business and Professions Code.
History
1. New section filed 10-22-2004; operative 11-21-2004 (Register 2004, No. 43).

§ 1386.  Revised Criteria for Evaluation of Education.

(a)  Only those doctorate degrees which are designated as being earned in
a department or school of psychology, educational psychology or education
with the field of specialization in counseling psychology or educational
psychology shall be accepted as an earned doctorate degree as specified in
section 2914, subdivisions (b)(1) through (3), of the code. If it is not evident
on the official transcript, the board may require that any doctorate degree
earned in education with the field of specialization in counseling psychology or
educational psychology be certified by the registrar as such a degree.

Note: Authority cited: Section 2930, Business and Professions Code. Reference: Section 2914,
Business and Professions Code.
History
1. Renumbering and amendment of former section 1386 to section 1387.5, and renumbering of
former section 1384.6 to section 1386 filed 6-15-83; effective thirtieth day thereafter (Register 83, No.
25). For prior history, see Registers 80, No. 9; 79, No. 17; and 78, No. 39.
2. Amendment filed 7-31-84; effective thirtieth day thereafter (Register 84, No. 31).

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CALIFORNIA CODE OF REGULATIONS
3. Change without regulatory effect pursuant to section 100, title 1, California Code of Regulations
filed 3-5-90 (Register 90, No. 20).
4. Amendment of subsections (a) and (b) filed 5-24-91; operative 6-23-91 (Register 91, No. 27).
5. Amendment of subsection (c) filed 8-18-93; operative 9-17-93 (Register 93, No. 34).
6. Change without regulatory effect amending subsection (a) and repealing subsections (b)-(f)
filed 8-24-2001 pursuant to section 100, title 1, California Code of Regulations (Register 2001, No. 34).

This section applies to all trainees, pre‑or post‑doctoral, who intend for
hours of supervised professional experience (SPE) to count toward meeting the
licensing requirement stated in section 2914(c) of the Business and Professions
Code. Those trainees accruing hours of supervised experience in areas of
psychology that do not include direct mental health services should refer to
section 1387.3 for information on establishing an alternate plan for SPE.
SPE is defined as an organized program that consists of a planned, structured
and administered sequence of professionally supervised comprehensive
clinical training experiences. SPE shall have a logical training sequence that
builds upon the skills and competencies of trainees to prepare them for the
independent practice of psychology once they become licensed.
SPE shall include socialization into the profession of psychology and shall
be augmented by integrated modalities including mentoring, didactic exposure,
role‑modeling, enactment, observational/ vicarious learning, and consultative
guidance.
SPE shall include activities which address the integration of psychological
concepts and current and evolving scientific knowledge, principles, and theories
to the professional delivery of psychological services to the consumer public.
SPE shall include only the time spent by the trainee engaged in psychological
activities that directly serve to prepare the trainee for the independent practice
of psychology once licensed. SPE shall not include custodial tasks such as
filing, transcribing or other clerical duties.
The term “trainee’’ as used in these regulations means a psychology trainee
working under one of the conditions listed in subsections (a)(1) and (a)(2) of
this section.
(a)  Pursuant to section 2914(c) of the code, two years of qualifying SPE
shall be completed and documented prior to licensure. One year of SPE
shall be defined as 1500 hours. At least one year of SPE shall be completed
postdoctorally. Each year of SPE shall be completed within a thirty (30)
consecutive month period. If both years of SPE (3000 hours) are completed
postdoctorally, they shall be completed within a sixty (60) month period.
Upon showing of good cause as determined by the board, these specified time
limitations may be reasonably modified.
(1)  Predoctoral SPE: Up to 1500 hours of SPE may be accrued predoctorally
but only after completion of 48 semester/trimester or 72 quarter units of
graduate coursework in psychology not including thesis, internship or
dissertation. Predoctoral SPE may be accrued only as follows:
(A)  In a formal internship placement pursuant to section 2911 of the code,
which is accredited by the American Psychological Association (APA), or which
is a member of the Association of Psychology Postdoctoral and Internship

95

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§ 1387.  Supervised Professional Experience.

BOARD OF PSYCHOLOGY

Regulations

Centers (APPIC) or the California Psychology Internship Council (CAPIC) and
registration with the board is not required. A formal internship placement
that actually began prior to January 1, 2007 that meets the membership
requirements of, but is not a member of, APPIC or CAPIC will satisfy the
requirements of this section; or
(B)  As an employee of an exempt setting pursuant to section 2910 of the
code and registration with the board is not required; or
(C)  As a psychological assistant pursuant to section 2913 of the code and
registration with the board prior to commencing work is required; or
(D)  Pursuant to a Department of Mental Health Waiver (5751.2 Welfare
and Institutions Code) for which registration with the board is not required.
(2)  Postdoctoral SPE: At least 1500 hours of SPE shall be accrued
postdoctorally. “Postdoctorally’’ means after the date certified as “meeting
all the requirements for the doctoral degree’’ by the Registrar or Dean of the
educational institution, or by the Director of Training of the doctoral program.
Postdoctoral SPE may be accrued only as follows:
(A)  For postdoctoral SPE accrued on or after January 1, 2006, in a formal
postdoctoral training program pursuant to section 2911 of the code, which
is accredited by the American Psychological Association (APA), or which is
a member of the Association of Psychology Postdoctoral and Internship
Centers (APPIC) or the California Psychology Internship Council (CAPIC) and
registration with the board is not required; or
(B)  As a registered psychologist pursuant to section 2909(d) of the code and
registration with the board prior to commencing work is required; or
(C)  As an employee of an exempt setting pursuant to section 2910 of the
code and registration with the board is not required; or
(D)  As a psychological assistant pursuant to section 2913 of the code and
registration with the board prior to commencing work is required; or
(E)  Pursuant to a Department of Mental Health Waiver (5751.2 Welfare
and Institutions Code) for which registration with the board is not required.
(b)  Supervision Requirements:
(1)  Primary supervisors shall meet the requirements set forth in section
1387.1.
(2)  Delegated supervisors shall meet the requirements set forth in section
1387.2.
(3)  Trainees shall have no proprietary interest in the business of the
primary or delegated supervisor(s) and shall not serve in any capacity which
would hold influence over the primary or delegated supervisor(s)’ judgment in
providing supervision.
(4)  Trainees shall be provided with supervision for 10% of the total time
worked each week. At least one hour per week shall be face‑to‑face, direct,
individual supervision with the primary supervisor.
(5)  A maximum of forty four (44) hours per week will be credited toward
meeting the SPE requirement. This shall include the required 10% supervision.
(6)  The primary supervisor shall be employed by the same work setting
as the trainee and be available to the trainee 100% of the time the trainee is
accruing SPE. This availability may be in‑person, by telephone, by pager or by
other appropriate technology.

96

(7)  Primary supervisors shall ensure that a plan is in place to protect the
patient/client in the event a patient/client crisis or emergency occurs during
any time the supervisor is not physically present at the established site at
which the trainee is working. The primary supervisor shall ensure that the
trainee thoroughly understands the plan in the event of a crisis/emergency.
(8)  SPE shall not be obtained from supervisors who have received payment,
monetary or otherwise, from the trainee for the purpose of providing such
supervision.
(9)  SPE gained while the trainee is functioning in under another mental
health license shall not be credited toward meeting the requirements for the
psychologist’s license.
(10)  Except for the accrual of SPE by a psychological assistant in a private
practice setting as provided for in section 1387(b)(11), prior to the start of the
experience, the primary supervisor and the supervisee shall together prepare
a document that identifies at least the following:
 Name, license number and signature of primary supervisor;
 Name and signature of supervisee;
 Statutory authority under which the supervisee will function;
 Start date of the experience and the anticipated completion date;
 Duties to be performed in a sequential structured plan as defined in this
section;
 Address of the locations at which the duties will be performed; and
 Goals and objectives of the plan for SPE, including how socialization into
the profession will be achieved.
Additionally, the document shall reflect that both supervisor and supervisee
have discussed and understand each term of SPE as required by the California
Code of Regulations. The primary supervisor shall maintain the document
until the hours of supervised experience are completed. Once the supervised
experience outlined in the document has been completed, the primary supervisor
shall submit directly to the Board both the document and a verification of the
experience signed by the primary supervisor under penalty of perjury. The
verification shall certify to completion of the hours consistent with the terms of
the supervision agreement document. The supervisor must indicate, in his/her
best professional judgment, whether the supervisee demonstrated an overall
performance at or above the level of minimal competence expected for the
supervisee’s level of education, training and experience. When SPE is accrued
in a formal predoctoral internship or postdoctoral training program, the
program’s training director shall be authorized to perform the verification and
rating duties of the primary supervisor provided that the internship training
director is a licensed psychologist who possesses a valid, active license free of
any disciplinary action.
(11)  Due to lack of standardization in training, a psychological assistant in
a private practice setting shall submit the plan as described in subsection (b)
(10) for supervised professional experience to the Board for prior approval as
provided for in section 2914(c) of the Code prior to the accrual of SPE. A private
practice setting is defined as those settings allowed pursuant to section 1387(a)
(1)(C) and 1387(a)(2)(D), except a Welfare and Institutions Code section 5614
clinic or a Health and Safety Code section 1204.1 clinic. SPE that is accrued

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BOARD OF PSYCHOLOGY

Regulations

prior to the approval of the plan will not count toward qualifying the applicant
for licensure.
(c)  Delegated Supervision Requirements:
(1)  Except as provided in 1391.5, which regulates the supervision of
psychological assistants, primary supervisors may delegate supervision to
other qualified psychologists or to other qualified mental health professionals
including licensed marriage and family therapists, licensed educational
psychologists, licensed clinical social workers and board certified psychiatrists.
(2)  The primary supervisor remains responsible for providing the minimum
one hour per week of direct, individual face‑to‑face supervision.
(3)  The primary supervisor remains responsible for ensuring compliance
with this section.
NOTE: Authority cited: Section 2930, Business and Professions Code. Reference: Sections 2911
and 2914, Business and Professions Code.
History
1. New section filed 7‑6‑2000; operative 8‑5‑2000 (Register 2000, No. 27). For prior history see
Register 93, No. 34.
2. Editorial correction deleting former section 1387 “Revised Criteria for Evaluation of Experience’’
which expired by its own term effective 12‑31‑2000 (Register 2003, No. 1).
3. Amendment filed 12‑16‑2004; operative 1‑1‑2005 pursuant to Government Code section
11343.4 (Register 2004, No. 51).
4. New fifth and seventh paragraphs and amendment of subsection (b)(10) filed 7‑28‑2005;
operative 8‑27‑2005 (Register 2005, No. 30).
5. Repealer of sixth paragraph, amendment of subsection (a)(1)(A), new subsection (a)(2)(A),
subsection relettering, amendment of subsections (b)(9)‑(10) and amendment of Note filed 4‑27‑2007;
operative 5‑27‑2007 (Register 2007, No. 17).
6. Amendment of subsection (a)(2)(A) filed 12‑30‑2008; operative 12‑30‑2008 pursuant to
Government Code section 11343.4 (Register 2009, No. 1).
7. Amendment of subsection (b)(10) and new subsection (b)(11) filed 7‑24‑2009; operative
8‑23‑2009 (Register 2009, No. 30).
8. Change without regulatory effect amending subsection (b)(11) filed 10‑20‑2014 pursuant to
section 100, title 1, California Code of Regulations (Register 2014, No. 43).

§ 1387.1.  Qualifications and Responsibilities of Primary Supervisors.

All primary supervisors shall be licensed psychologists, except that board
certified psychiatrists may be primary supervisors of their own registered
psychological assistants. In this regard, a maximum of 750 hours of experience
out of the required 3000, can be supervised by a board certified psychiatrist
and can be counted toward meeting the SPE licensing requirements.
(a)  Primary supervisors shall possess and maintain a valid, active
license free of any formal disciplinary action, and shall immediately notify
the supervisee of any disciplinary action, including revocation, surrender,
suspension, probation terms, or changes in licensure status including inactive
license, delinquent license or any other license status change that affects the
primary supervisor’s ability or qualifications to supervise.
(b)  Primary supervisors who are licensed by the board shall complete a
minimum of six (6) hours of supervision coursework every two years.

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(1)  Primary supervisors shall certify under penalty of perjury to completion
of this coursework requirement each time the supervisor completes a
verification form as referenced in section 1387(b)(10).
(c)  Primary supervisors shall be in compliance at all times with the
provisions of the Psychology Licensing Law and the Medical Practice Act,
whichever is applicable, and the regulations adopted pursuant to these laws.
(d)  Primary supervisors shall be responsible for ensuring compliance at all
times by the trainee with the provisions of the Psychology Licensing Law and
the regulations adopted pursuant to these laws.
(e)  Primary supervisors shall be responsible for ensuring that all SPE
including record keeping is conducted in compliance with the Ethical Principles
and Code of Conduct of the American Psychological Association.
(f)  Primary supervisors shall be responsible for monitoring the welfare of
the trainee’s clients.
(g)  Primary supervisors shall ensure that each client or patient is informed,
prior to the rendering of services by the trainee (1) that the trainee is unlicensed
and is functioning under the direction and supervision of the supervisor; (2)
that the primary supervisor shall have full access to the treatment records
in order to perform supervision responsibilities and (3) that any fees paid for
the services of the trainee must be paid directly to the primary supervisor or
employer.
(h)  Primary supervisors shall be responsible for monitoring the performance
and professional development of the trainee.
(i)  Primary supervisors shall ensure that they have the education, training,
and experience in the area(s) of psychological practice they will supervise.
(j)  Primary supervisors shall have no familial, intimate, business or
other relationship with the trainee which would compromise the supervisor’s
effectiveness, and/or which would violate the Ethical Principles and Code of
Conduct of the American Psychological Association.
(k)  Primary supervisors shall not supervise a trainee who is now or has
ever been a psychotherapy client of the supervisor.
(l)  Primary supervisors shall not exploit trainees or engage in sexual
relationships or any other sexual contact with trainees.
(m)  Primary supervisors shall require trainees to review the pamphlet
“Professional Therapy Never Includes Sex.’’
(n)  Primary supervisors shall monitor the supervision performance of all
delegated supervisors.

NOTE: Authority cited: Section 2930, Business and Professions Code. Reference: Section 2914,
Business and Professions Code.
History
1. New section filed 7‑6‑2000; operative 8‑5‑2000 (Register 2000, No. 27).
2. Repealer of first paragraph, amendment of subsection (b), new subsections (c)‑(c)(3) and
subsection relettering filed 7‑17‑2002; operative 1‑1‑2003 (Register 2002, No. 29).
3. Amendment filed 12‑16‑2004; operative 1‑1‑2005 pursuant to Government Code section
11343.4 (Register 2004, No. 51).
4. Amendment of subsection (m) filed 7‑28‑2005; operative 8‑27‑2005 (Register 2005, No. 30).
5. Change without regulatory effect amending subsection (g) filed 10‑20‑2014 pursuant to section
100, title 1, California Code of Regulations (Register 2014, No. 43).

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§ 1387.2.  Qualifications and Responsibilities of Delegated Supervisors.

Regulations

Delegated supervisors shall be qualified psychologists or those other
qualified mental health professionals listed in section 1387(c). The delegated
supervisor(s) shall be employed in the same work setting as the trainee.
(a)  Delegated supervisors shall have and shall maintain a valid, active
license free of any formal disciplinary action, shall immediately notify the
trainee and the primary supervisor of any disciplinary action, including
revocation, surrender, suspension, probation terms, or changes in licensure
status including inactive license, or any other license status change that affects
the supervisor’s ability or qualifications to supervise.
(b)  Delegated supervisors shall be in compliance at all times with the
provisions of the Psychology Licensing Law, and the regulations adopted
pursuant to these laws.
(c)  Delegated supervisors shall be responsible for ensuring compliance
by the trainee with the provisions of the Psychology Licensing Law and the
regulations adopted pursuant to these laws.
(d)  Delegated supervisors shall be responsible for ensuring that all SPE
and record keeping performed under the supervision delegated to them is
conducted in compliance with the Ethical Principles and Code of Conduct of
the American Psychological Association.
(e)  Delegated supervisors shall be responsible for monitoring the welfare of
the trainee’s clients while under their delegated supervision.
(f)  Delegated supervisors shall be responsible for monitoring the
performance and professional development of the trainee and for reporting this
performance and development to the primary supervisor.
(g)  Delegated supervisors shall ensure that they have the education,
training, and experience in the area(s) of psychological practice to be supervised.
(h)  Delegated supervisors shall have no familial, intimate, business or
other relationship with the trainee which would compromise the supervisor’s
effectiveness and/or which would violate the Ethical Principles and Code of
Conduct of the American Psychological Association.
(i)  Delegated supervisors shall not supervise a trainee who is now or has
ever been a psychotherapy client of the supervisor.
(j)  Delegated supervisors shall not exploit trainees or engage in sexual
relationships, or any other sexual contact with trainees.

Note: Authority cited: Section 2930, Business and Professions Code. Reference: Section 2914,
Business and Professions Code.
History
1. New section filed 7-6-2000; operative 8-5-2000 (Register 2000, No. 27).
2. Amendment filed 12-16-2004; operative 1-1-2005 pursuant to Government Code section
11343.4 (Register 2004, No. 51).
3. Amendment of first paragraph filed 7-28-2005; operative 8-27-2005 (Register 2005, No. 30).

§ 1387.3.  Alternate Plan for Supervised Professional Experience in Non–Mental Health Services.

This section pertains only to those trainees who are preparing for practice,
once licensed, in the non-mental health areas of the profession of psychology.

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Due to lack of training sites and qualified supervisors, typically in the area
of applied psychological research, industrial-organizational psychology, media
and social-experimental psychology, but not including those involving direct
mental health services, trainees in these areas of psychology shall submit
a plan for supervised professional experience to the board for approval on a
case-by-case basis as provided for in section 2914(c) of the code. In all such
cases, the proposed plan must be submitted by the supervisee and approved
by the board prior to commencement of supervision. Supervised professional
experience (SPE) which is accrued prior to the approval of the plan will not
count towards licensure.
(a)  Supervision Plan Required
The proposed supervision plan (“plan’’) submitted by the trainee for approval
shall be signed by all participants involved. It shall describe the qualifications
and responsibilities of the supervisor (and co-supervisor, if appropriate) for
supervision. The plan shall be developed for and shall demonstrate appropriate
preparation of the trainee to practice effectively in non-mental health services,
and within the specific non-mental health setting. The plan shall address how
the quality of work done by the trainee working in a non-mental health role
will be monitored and assure protection of the client. As used in this section,
“trainee’’ means a psychology trainee working under the provisions of this
section.
(b)  Hours and Setting Requirements
(1)  Pursuant to section 2914(c) of the code, two years of qualifying SPE
shall be completed and documented prior to licensure. One year of SPE
shall be defined as 1500 hours. At least one year of SPE shall be completed
postdoctorally. Each year of SPE shall be completed within a thirty (30)
consecutive month period. If both years of SPE (3000 hours) are completed
postdoctorally, they shall be completed within a sixty (60) month period.
Upon showing of good cause as determined by the board, these specified time
limitations may be reasonably modified.
(2)  Predoctoral SPE under this section may be accrued only as follows:
(A)  In a formal internship placement pursuant to section 2911 of the code
and registration with the board is not required; or
(B)  As an employee of an exempt setting pursuant to section 2910 of the
code and registration with the board is not required; or
(C)  As a psychological assistant pursuant to section 2913 of the code and
registration with the board prior to commencing work is required.
(3)  Postdoctoral SPE may be accrued only as follows:
(A)  As a psychological assistant pursuant to section 2913 of the code and
registration with the board prior to commencing work is required; or
(B)  As a registered psychologist pursuant to section 2909(d) of the code and
registration with the board prior to commencing work is required; or
(C)  As an employee of an exempt setting pursuant to section 2910 of the
code and registration with the board is not required.
(c)  Supervision Requirements
(1)  The trainee shall be provided with supervision for 10% of the total time
worked each month. At least four hours per month shall be face-to-face, direct,
individual supervision with the primary supervisor. The plan shall address how

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the supervision will be provided. The remainder of the 10% may be provided
by the delegated supervisor or co-supervisor and may include supervision via
electronic means.
(2)  A maximum of forty-four (44) hours per week, including the required
10% supervision, may be credited toward meeting the supervised professional
experience requirement.
(3)  The trainee shall have no proprietary interest in the business of the
primary, delegated or co-supervisor and shall not serve in any capacity that
would hold influence over the primary, delegated or co-supervisor’s judgment
in providing supervision.
(4)  Neither the primary supervisor nor any delegated or co-supervisor shall
receive payment, monetary or otherwise, from the trainee for the purpose of
providing supervision.
(5)  The trainee will not function under any other license with the same
client or in the same setting during the supervised experience accrued pursuant
to the plan.
(6)  A clear and accurate record of the trainee’s supervision shall be
maintained. The trainee shall maintain this record in an SPE log pursuant to
section 1387.5 but shall also include information relevant to the co-supervisor;
(7)  Except as provided in section 1391.5(c), a primary supervisor who is
a licensed psychologist may delegate supervision pursuant to section 1387.2.
(8)  If the primary supervisor is unlicensed, the trainee shall also obtain a
co-supervisor who meets the requirements of subsection (f).
(d)  Qualifications and Responsibilities of Primary Supervisors
The primary supervisor shall:
(1)  possess a degree that meets the requirements of section 2914(b) of the
code;
(2)  meet the requirements of section 2913 of the code if supervising a
psychological assistant;
(3)  if licensed, possess and maintain a valid, active license issued by the
board free of any formal disciplinary action during the period of supervision
covered by the plan. The primary supervisor shall notify the trainee of any
disciplinary action that disqualifies him or her from providing supervision.
If not licensed, the primary supervisor shall never have been denied, or
possessed a professional license for providing psychological or other mental
health services issued by any jurisdiction that was subject to discipline, or
surrendered with charges pending;
(4)  be employed or contracted by the same organization as the trainee;
(5)  be available to the trainee 100% of the time the trainee is accruing SPE
pursuant to the plan. This availability may be in person, through telephone,
pager or other appropriate technology(ies);
(6)  if licensed, complete a minimum of six hours of supervision coursework
every two years as described in section 1387.1(b);
(7)  ensure that all parties work together throughout the training experience
to ensure that the trainee will be engaged in duties that are considered doctoral
level;
(8)  maintain ongoing communication between all parties regarding
supervisory needs and experiences;

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(9)  ensure that all parties to the plan comply at all times with the provisions
of the Psychology Licensing Law or the Medical Practice Act, whichever might
apply, and the regulations adopted pursuant to these laws;
(10)  ensure that all SPE accrued under the plan complies with the Ethical
Principles and Code of Conduct of the American Psychological Association;
(11)  monitor the welfare of the trainee’s clients;
(12)  ensure that each client of the trainee is informed prior to rendering of
services by the trainee that the trainee is unlicensed and is functioning under
the direction and supervision of the primary supervisor;
(13)  monitor the performance and professional development of the trainee
which shall include socialization into the practice of psychology;
(14)  have the education, training, and experience in the area(s) of
psychological practice for which they are providing supervision;
(15)  have or have had no familial, intimate, sexual, social, or professional
relationship with the trainee which could compromise the supervisor’s
effectiveness, or would violate the Ethical Principles and Code of Conduct of
the American Psychological Association;
(16)  not supervise a trainee who is a current or former client of psychological
services provided by the supervisor; and
(17)  monitor the supervision performance of all delegated supervisors and
co-supervisors.
(e)  Qualifications and Responsibilities of Delegated Supervisors
Except as provided in section 1391.5, which regulates the supervision of
psychological assistants, primary supervisors may delegate supervision to
other qualified psychologists or to other qualified mental health professionals
including licensed marriage and family therapists, licensed educational
psychologists, licensed clinical social workers and board certified psychiatrists.
The delegated supervisor shall:
(1)  possess and maintain a valid, active license free of any formal
disciplinary action during the period covered by the plan. The supervisor shall
notify the trainee of any disciplinary action that disqualifies him or her from
providing supervision;
(2)  be employed or contracted by the same organization as the trainee;
(3)  be responsible for ensuring compliance by the trainee with the
provisions of the Psychology Licensing Law, the licensing laws of the Board of
Behavioral Sciences, or the Medical Practice Act, whichever might apply, and
the regulations adopted pursuant to these laws.
(4)  ensure that all SPE accrued under the supervision delegated to them
complies with the Ethical Principles and Code of Conduct of the American
Psychological Association;
(5)  monitor the welfare of the trainee’s clients while under their delegated
supervision;
(6)  monitor the performance and professional development of the trainee
and is responsible for reporting this performance and development to the
primary supervisor;
(7)  have the education, training, and experience in the area(s) of
psychological practice to be supervised;
(8)  have or have had no familial, intimate, social, sexual or professional

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relationship with the trainee which could compromise the supervisor’s
effectiveness, or would violate the Ethical Principles and Code of Conduct of
the American Psychological Association; and
(9)  not supervise a trainee who is now or has ever been a psychotherapy
client of the supervisor.
(f)  Qualifications and Responsibilities of the Co-Supervisor (This section
only applies when the primary supervisor is not licensed)
The co-supervisor shall:
(1)  possess and maintain a valid, active license issued by the board free of
any formal disciplinary action during the period covered by the plan. The cosupervisor shall notify the trainee of any disciplinary action that disqualifies
him or her from providing supervision;
(2)  complete a minimum of six hours of supervision coursework every two
years as described in section 1387.1(b);
(3)  monitor the performance and professional development of the trainee
and is responsible for reporting this performance and development to the
primary supervisor;
(4)  not supervise a trainee who is a current or former client of psychological
services provided by the supervisor;
(5)  have or have had no familial, intimate, social, sexual or professional
relationship with the trainee which could compromise the supervisor’s
effectiveness, or would violate the Ethical Principles and Code of Conduct of
the American Psychological Association;
(6)  ensure that all parties work together throughout the training experience
to ensure that the trainee will be engaged in duties that are considered doctoral
level;
(7)  maintain ongoing communication between all parties regarding
supervisory needs and experiences; and
(8)  not supervise more than five trainees under any section at any given
time.
NOTE: Authority cited: Section 2930, Business and Professions Code. Reference: Section 2914,
Business and Professions Code.
History
1. New section filed 7-6-2000; operative 8-5-2000 (Register 2000, No. 27). For prior history see
Register 93, No. 34.
2. Editorial correction deleting former section 1387.3 “Qualifications of Supervisors’’ which
expired by its own term effective 12-31-2000 (Register 2003, No. 1).
3. Amendment of section heading and section filed 12-16-2004; operative 1-1-2005 pursuant to
Government Code section 11343.4 (Register 2004, No. 51).
4. New first paragraph and amendment of subsection (a) filed 7-28-2005; operative 8-27-2005
(Register 2005, No. 30).
5. Amendment of section heading and section filed 4-24-2008; operative 5-24-2008 (Register 2008,
No. 17).

§ 1387.4.  Out of State Experience.

(a)  All out of state SPE must be (1) supervised by a primary supervisor who
is a psychologist licensed at the doctoral level in the state, U.S. territory or
Canadian province in which the SPE is taking place, (2) in compliance with all

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laws and regulations of the jurisdiction in which the experience was accrued
and (3) in substantial compliance with all the supervision requirements of
section 1387.
(b)  Supervised professional experience can be accrued at a U.S. military
installation so long as the experience is supervised by a qualified psychologist
licensed at the doctoral level in the U.S. or Canada.
(c)  SPE can be accrued in countries outside the U.S. or Canada which
regulate the profession of psychology pursuant to the same requirements as
set forth in section 2914 of the code. SPE accrued in countries outside the U.S.,
its Territories or Canada must comply with all the supervision requirements of
section 1387. The burden shall be upon the applicant to provide the necessary
documentation and translation that the board may require to verify the
qualification of the SPE.
Note: Authority cited: Section 2930, Business and Professions Code. Reference: Section 2914,
Business and Professions Code.
History
1. New section filed 7-6-2000; operative 8-5-2000 (Register 2000, No. 27).
2. Amendment filed 12-16-2004; operative 1-1-2005 pursuant to Government Code section
11343.4 (Register 2004, No. 51).

§ 1387.5.  SPE Log.

(a)  The trainee shall maintain a written weekly log of all hours of SPE
earned toward licensure. The log shall contain a weekly accounting of the
following information and shall be made available to the board upon request:
(1)  The specific work setting in which the SPE took place.
(2)  The specific dates for which the log is being completed.
(3)  The number of hours worked during the week.
(4)  The number of hours of supervision received during the week.
(5)  An indication of whether the supervision was direct, individual, face-toface, group, or other (specifically listing each activity).
(6)  An indication of whether the SPE performed that week was satisfactory.
(b)  This log must also contain the following information:
(1)  The trainee’s legibly printed name, signature and date signed.
(2)  The primary supervisor’s legibly printed name, signature, license type
and number, and date signed.
(3)  Any delegated supervisors’ legibly printed name, license type and
number, and date signed.
(4)  A description of the psychological duties performed during the period of
supervised professional experience.
(5)  A statement signed by the primary supervisor attesting to the accuracy
of the information.
(c)  When SPE is accrued as part of a formal internship, the internship
training director shall be authorized to provide all information required in
section 1387.5(b).

Note: Authority cited: Section 2930, Business and Professions Code. Reference: Section 2914,
Business and Professions Code.
History
1. New section filed 7-6-2000; operative 8-5-2000 (Register 2000, No. 27). For prior history, see

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Register 83, No. 25.
2. Editorial correction deleting former section 1387.5 “Pre-Doctoral Experience’’ which expired by
its own term effective 12-31-2000 (Register 2003, No. 1).
3. Repealer of first paragraph and amendment of subsections (a) and (b)(1) filed 12-16-2004;
operative 1-1-2005 pursuant to Government Code section 11343.4 (Register 2004, No. 51).
4. New subsection (a)(6) filed 7-28-2005; operative 8-27-2005 (Register 2005, No. 30).

§ 1387.6.  Psychological Assistants.

Regulations

In order to accrue hours of SPE, a psychological assistant shall at all times
be in compliance with the supervision requirements of section 1387 and with
the requirements for psychological assistants set forth in Article 5.1 of this
chapter. A psychological assistant accruing SPE in a private setting shall
submit a plan for SPE to the Board for approval as provided for in section
1387(b)(11). The proposed supervision plan submitted by the psychological
assistant for approval shall be signed by all participants involved. It shall
describe the qualifications and responsibilities of the supervisor and/or the
delegated supervisor. The plan shall be developed for, and shall demonstrate
appropriate preparation of, the psychological assistant to practice effectively,
and within the specific private practice setting. The plan shall address how
the quality of work done by the psychological assistant will be monitored and
assure protection of the client.

NOTE: Authority cited: Section 2930, Business and Professions Code. Reference: Sections 2913
and 2914, Business and Professions Code.
History
1. New section filed 12-16-2004; operative 1-1-2005 pursuant to Government Code section 11343.4
(Register 2004, No. 51). For prior history, see Register 2002, No. 8.
2. Amendment filed 7-28-2005; operative 8-27-2005 (Register 2005, No. 30).
3. Amendment of section and Note filed 7-24-2009; operative 8-23-2009 (Register 2009, No. 30).

§ 1387.7.  Registered Psychologists.

Persons working as registered psychologists pursuant to section 2909 of
the code in order to accrue postdoctoral hours of SPE shall at all times be in
compliance with the supervision requirements of section 1387 and with the
requirements for registered psychologists set forth in Article 5 of this chapter.

Note: Authority cited: Section 2930, Business and Professions Code. Reference: Section 2909,
Business and Professions Code.
History
1. New section filed 12-16-2004; operative 1-1-2005 pursuant to Government Code section 11343.4
(Register 2004, No. 51). For prior history, see Register 2002, No. 8.

ARTICLE 4.
Examination
§ 1388. Examinations.

(a)  The board recognizes the expertise of the Department of Consumer
Affairs’ (DCA) Office of Examination Resources (OER). The board shall utilize
the services of the OER in licensing examination development and validation
through an interagency agreement.

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(b)  An applicant shall successfully take and pass the licensing examinations
prior to being licensed. The licensing examination shall consist of the
Association of State and Provincial Psychology Boards’ (ASPPB) Examination
for Professional Practice in Psychology (EPPP), and the California Psychology
Supplemental Examination (CPSE), except that the EPPP and the CPSE shall
be waived for those applicants who meet the criteria in section 1388.6 of this
chapter. Such applicants shall be required to take and pass the California
Psychology Law and Ethics Examination (CPLEE).
(c)  An applicant is eligible to take the EPPP upon completion of a qualifying
doctorate degree and 1500 hours of qualifying professional experience. An
applicant shall pass the EPPP and complete all 3000 hours of supervised
professional experience prior to being eligible for the CPSE or the CPLEE,
whichever is applicable, pursuant to section 1388.6.
(d)  Upon application, the board will notify applicants of their eligibility to
take the EPPP. Applicants are responsible for completing any administrative
requirements for taking the EPPP established by ASPPB or its agent, including
paying any fees. This subsection applies to those re-taking the EPPP as well as
to those taking it for the first time.
(e)  For forms of the EPPP taken prior to September 1, 2001, the passing
score is the score that was recognized by the board at that time. For computer
administered forms of the EPPP, the board shall apply a scaled score of 500 as
recommended by ASPPB.
(f)  Qualified applicants desiring to take the CPSE or the CPLEE, for
those applications who qualify for a waiver of the CPSE pursuant to section
1388.6, shall submit to the board the fee set forth in section 1392 of this
chapter. Applicants shall comply with all instructions established by the DCA
examination vendor for taking the CPSE or the CPLEE.
(g)  The passing score on the CPSE and the CPLEE shall be determined for
each form of the examination by a criterion referenced procedure performed
by OER.

NOTE: Authority cited: Sections 2930 and 2942, Business and Professions Code. Reference:
Sections 123, 496, 2941, 2942, 2943 and 2960, Business and Professions Code.
History
1. Amendment filed 12-22-76; effective thirtieth day thereafter (Register 76, No. 52).
2. Amendment of subsection (b) filed 2-14-77; effective thirtieth day thereafter (Register 77, No.
8).
3. Repealer and new section filed 11-21-77; effective thirtieth day thereafter (Register 77, No. 48).
4. Amendment of subsection (b) filed 4-26-79; effective thirtieth day thereafter (Register 79, No.
17).
5. Amendment filed 6-15-83; effective thirtieth day thereafter (Register 83, No. 25).
6. Change without regulatory effect pursuant to section 100, title 1, California Code of Regulations
filed 3-5-90 (Register 90, No. 20).
7. Amendment of subsection (b) and Note filed 6-14-93; operative 7-1-93 pursuant to Government
Code section 11346.2(d) (Register 93, No. 25).
8. Amendment of subsection (c) and Note filed 8-11-95; operative 9-10-95 (Register 95, No. 32).
9. Amendment of subsection (b) filed 1-8-99 as an emergency; operative 1-8-99 (Register 99, No.
2). A Certificate of Compliance must be transmitted to OAL by 5-10-99 or emergency language will be
repealed by operation of law on the following day.

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10. Certificate of Compliance as to 1-8-99 order transmitted to OAL 5-7-99 and filed 6-15-99
(Register 99, No. 25).
11. Amendment of subsections (a)-(c) and new subsections (d)-(g) filed 7-11-2001; operative 8-102001 (Register 2001, No. 28).
12. Change without regulatory effect amending subsection (f) filed 8-13-2001 pursuant to section
100, title 1, California Code of Regulations (Register 2001, No. 33).
13. Amendment of subsections (a)-(c) and (e) and new subsections (h)-(i) filed 12-19-2001 as
an emergency; operative 1-1-2002 (Register 2001, No. 51). A Certificate of Compliance must be
transmitted to OAL by 5-1-2002 or emergency language will be repealed by operation of law on the
following day.
14. Certificate of Compliance as to 12-19-2001 order transmitted to OAL 1-8-2002 and filed 2-202002 (Register 2002, No. 8).
15. Amendment filed 2-11-2003; operative 3-1-2003 pursuant to Government Code section
11343.4 (Register 2003, No. 7).
16. Amendment of subsections (b), (c), (f) and (g) filed 5-12-2006; operative 5-12-2006 pursuant to
Government Code section 11343.4 (Register 2006, No. 19).
17. Amendment of subsections (b), (c), (f) and (g) filed 4-1-2008; operative 4-1-2008 pursuant to
Government Code section 11343.4 (Register 2008, No. 14).

§ 1388.6.  License Requirements and Waiver of Examination.

(a)  When a California-licensed psychologist has been licensed for at least
five years and has allowed his/her license to expire by not renewing the license
for at least three years, the psychologist shall not be required to take the EPPP
or the CPSE.
(b)  If an applicant for licensure as a psychologist has been licensed in
another state, Canadian province, or U.S. territory, for at least five years the
applicant shall not be required to take the EPPP or the CPSE.
(c)  An applicant for licensure as a psychologist who holds a Certificate
of Professional Qualification (CPQ) issued by the Association of State and
Provincial Psychology Boards (ASPPB), shall not be required to take the EPPP
or the CPSE. Such an applicant shall be deemed to have met the educational
and experience requirements of subdivisions (b) and (c) of Code section 2914.
(d)  An applicant for licensure as a psychologist who is credentialed as a
Health Service Provider in Psychology by the National Register of Health
Service Providers in Psychology (NRHSPP) and has been licensed based on
a doctoral degree in another state, Canadian province, or U.S. territory for a
minimum of five years shall not be required to take the EPPP or the CPSE.
Such an applicant shall be deemed to have met the educational and experience
requirements of subdivisions (b) and (c) of Code section 2914.
(e)  An applicant for licensure as a psychologist who is certified by the
American Board of Professional Psychology (ABPP) and has been licensed
based on a doctoral degree in another state, Canadian province, or U.S.
territory for a minimum of five years shall not be required to take the EPPP
or the CPSE. Such an applicant shall be deemed to have met the educational
and experience requirements of subdivisions (b) and (c) of Code section 2914.
(f)  Although the EPPP and the CPSE are waived under this section, an
applicant must file a complete application and meet all current licensing
requirements not addressed above, including payment of any fees, take and

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NOTE: Authority cited: Sections 2930 and 2946, Business and Professions Code. Reference:
Section 2946, Business and Professions Code.
History
1. New section filed 3-13-97; operative 4-12-97 (Register 97, No. 11).
2. Amendment of subsections (a)-(c), new subsection (d), subsection relettering, and amendment
of newly designated subsection (e) filed 12-1-98; operative 12-31-98 (Register 98, No. 49).
3. Amendment filed 4-5-2001; operative 5-5-2001 (Register 2001, No. 14).
4. Amendment filed 12-19-2001 as an emergency; operative 1-1-2002 (Register 2001, No. 51). A
Certificate of Compliance must be transmitted to OAL by 5-1-2002 or emergency language will be
repealed by operation of law on the following day.
5. Certificate of Compliance as to 12-19-2001 order transmitted to OAL 1-8-2002 and filed 2-202002 (Register 2002, No. 8).
6. Amendment of section heading and section filed 8-7-2003; operative 9-6-2003 (Register 2003,
No. 32).
7. Amendment of subsection (f) filed 5-12-2006; operative 5-12-2006 pursuant to Government
Code section 11343.4 (Register 2006, No. 19).
8. New subsection (e) and subsection relettering filed 4-9-2007; operative 5-9-2007 (Register 2007,
No. 15).
9. Amendment filed 4-1-2008; operative 4-1-2008 pursuant to Government Code section 11343.4
(Register 2008, No. 14).

§ 1389.  Reconsideration of Examinations.

(a)  There shall be no reconsideration of the grade received on the EPPP or
on the CPSE.
(b)  Nothing in this section shall be construed to deprive an applicant of his
or her rights of appeal as afforded by other provisions of law.

Note: Authority cited: Section 2930, Business and Professions Code. Reference: Sections 2942
and 2944, Business and Professions Code.
History
1. Repealer and new section filed 2-14-77; effective thirtieth day thereafter (Register 77, No. 8).
2. Amendment filed 11-21-77; effective thirtieth day thereafter (Register 77, No. 48).
3. Amendment of subsection (c) filed 4-26-79; effective thirtieth day thereafter (Register 79, No.
17).
4. Amendment of subsections (b) and (c) filed 2-28-80; effective thirtieth day thereafter (Register
80, No. 9).
5. Amendment filed 6-15-83; effective thirtieth day thereafter (Register 83,No. 25).
6. Change without regulatory effect pursuant to section 100, Title 1, California Code of Regulations
filed 3-5-90 (Register 90, No. 20).
7. Amendment of subsection (a), repealer of subsection (b), subsection relettering, and amendment
of newly designated subsection (c) filed 8-11-95; operative 9-10-95 (Register 95, No. 32).
8. Repealer of subsections (a)-(b), subsection relettering, and amendment of newly designated
subsection (a) filed 12-19-2001 as an emergency; operative 1-1-2002 (Register 2001, No. 51). A
Certificate of Compliance must be transmitted to OAL by 5-1-2002 or emergency language will be
repealed by operation of law on the following day.
9. Certificate of Compliance as to 12-19-2001 order transmitted to OAL 1-8-2002 and filed 2-202002 (Register 2002, No. 8).

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pass the California Psychology Law and Ethics Examination (CPLEE), and not
been subject to discipline.

BOARD OF PSYCHOLOGY
10. Amendment of subsection (a) filed 5-12-2006; operative 5-12-2006 pursuant to Government
Code section 11343.4 (Register 2006, No. 19).

§ 1389.1.  Inspection of Examinations.

(a)  All examination materials, except those owned by an examination
service, shall be retained by the board at the board’s office in Sacramento for a
period of two (2) years after the date of the examination.
(b)  No inspection is allowed of the written examination administered by
the board.

Regulations

Note: Authority cited: Section 2930, Business and Professions Code. Reference: Sections 2942
and 2944, Business and Professions Code; and Section 12944, Government Code.
History
1. Renumbering of former section 1390 to new section 1389.1 filed 12-16-2004; operative 1-1-2005
pursuant to Government Code section 11343.4 (Register 2004, No. 51).

ARTICLE 5.
Registered Psychologists
§ 1390. Citation.

This article may be cited and referred to as the “Registered Psychologist
Regulations.’’

Note: Authority cited: Section 2930, Business and Professions Code. Reference: Section 2909,
Business and Professions Code.
History
1. Amendment filed 12-22-76; effective thirtieth day thereafter (Register 76, No. 52).
2. Editorial correction (Register 77, No. 15).
3. Amendment filed 11-21-77; effective thirtieth day thereafter (Register 77, No. 48).
4. New subsection (c) filed 4-26-79; effective thirtieth day thereafter (Register 79, No. 17).
5. Amendment filed 6-15-83; effective thirtieth day thereafter (Register 83, No. 25).
6. Change without regulatory effect pursuant to section 100, Title 1, California Code of Regulations
filed 3-5-90 (Register 90, No. 20).
7. Amendment of subsections (a)-(b) filed 8-11-95; operative 9-10-95 (Register 95, No. 32).
8. Change without regulatory effect repealing subsection (b) and relettering former subsection (c)
to new subsection (b) filed 4-7-2003 pursuant to section 100, title 1, California Code of Regulations
(Register 2003, No. 15).
9. Relocation and amendment of article 5 heading from preceding section 1391 to preceding section
1390, renumbering of former section 1390 to section 1389.1 and renumbering of former section 1391
to section 1390 filed 12-16-2004; operative 1-1-2005 pursuant to Government Code section 11343.4
(Register 2004, No. 51).
10. Amendment of article heading, section and Note filed 7-28-2005; operative 8-27-2005 (Register
2005, No. 30).

§ 1390.1. Registration.

Any person desiring to register at a qualifying agency as a registered
psychologist shall submit an application on a form provided by the board.

Note: Authority cited: Section 2930, Business and Professions Code. Reference: Section 2909,
Business and Professions Code.
History

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CALIFORNIA CODE OF REGULATIONS
1. New section filed 12-16-2004; operative 1-1-2005 pursuant to Government Code section 11343.4
(Register 2004, No. 51).

§ 1390.2.  Withdrawal of Applications.

Note: Authority cited: Section 2930, Business and Professions Code. Reference: Section 2909,
Business and Professions Code.
History
1. New section filed 12-16-2004; operative 1-1-2005 pursuant to Government Code section 11343.4
(Register 2004, No. 51).

§ 1390.3.  Statement of Purpose.

A person meeting the requirements set forth in section 2909(d) of the code,
may provide psychological services under supervision at a non-profit community
agency that receives at least 25% of its funding from a governmental source for
the purpose of training and providing services so long as that person registers
with the board as a registered psychologist. The employing agency must
provide the board with evidence of the requisite level of government funding.
(a)  The registered psychologist is authorized to function only in the agency
to which he or she is registered and only after a registration number has been
issued by the board;
(b)  The registration shall be in effect for a period of 30 months from the
date of issuance and cannot be renewed and the registrant cannot re-register
as a registered psychologist to the same agency;
(c)  The registered psychologist shall at all times be under the primary
supervision of a qualified licensed psychologist who is employed by the same
agency. The primary supervisor shall be available to the trainee 100% of the
time that the trainee is working in such a capacity. This availability can be inperson, by telephone, by pager or by other appropriate technology.
(1)  The primary supervisor shall comply with the coursework requirements
set forth in section 1387.1(b) of the code.
(2)  The primary supervisor shall ensure that a plan is in place in the event
a patient/client crisis or emergency occurs during any time the supervisor is
not physically present at the established site at which the trainee is working.
The primary supervisor shall ensure that the trainee thoroughly understands
the plan in the event of such an emergency.
(d)  In order to qualify as “supervised professional experience’’ pursuant to
section 2914(c) of the code, experience gained as a registered psychologist must
comply with section 1387.
(e)  Each patient or client of a registered psychologist shall be informed,
prior to the rendering of services, that the registrant is unlicensed and under
the supervision of a qualified licensed psychologist as an employee of the agency
and that the supervisor shall have access to the patient’s chart in fulfilling his/
her supervisorial duties.
(f)  No supervisor or employing agency of a registered psychologist may
charge a fee or otherwise require monetary payment in consideration for the
employment or supervision of a registered psychologist.

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Applications for registration which have not been completed within ninety
(90) days after additional information has been requested shall be deemed to
be withdrawn.

BOARD OF PSYCHOLOGY
Note: Authority cited: Section 2930, Business and Professions Code. Reference: Section 2909,
Business and Professions Code.
History
1. New section filed 12-16-2004; operative 1-1-2005 pursuant to Government Code section 11343.4
(Register 2004, No. 51).
2. Amendment of subsection (c)(1) filed 7-28-2005; operative 8-27-2005 (Register 2005, No. 30).
3. Amendment of subsection (b) filed 4-27-2007; operative 5-27-2007 (Register 2007, No. 17).

Regulations

ARTICLE 5.1.
Psychological Assistants
§ 1391. Citation.

This article may be cited and referred to as the “Psychological Assistant
Regulations.’’

Note: Authority cited: Section 2930, Business and Professions Code. Reference: Section 2913,
Business and Professions Code.
History
1. New Article 4.5 (Sections 1391-1391.14) filed 11-21-77; effective thirtieth day thereafter
(Register 77, No. 48).
2. Renumbering of Article 4.5 to Article 5 filed 4-26-79; effective thirtieth day thereafter (Register
79, No. 17).
3. Amendment filed 6-15-83; effective thirtieth day thereafter (Register 83, No. 25).
4. Relocation and amendment of article 5 heading from preceding section 1391 to preceding
section 1390 and renumbering of former section 1391 to section 1390 filed 12-16-2004; operative 1-12005 pursuant to Government Code section 11343.4 (Register 2004, No. 51).
5. New article 5.1 and new section filed 7-28-2005; operative 8-27-2005 (Register 2005, No. 30).

§ 1391.1.  Registration; Limitation of Registration Period.

(a)  Any person desiring to supervise a psychological assistant shall submit
an application on a form provided by the Board.
(b)  Registration as a psychological assistant shall be limited to a cumulative
total of six years (72 months). Each registration shall be subject to annual
renewal pursuant to section 1391.12.
For any psychological assistant registered prior to the effective date of
this subdivision, subsequent renewals or registrations shall be limited to a
cumulative total of six years (72 months) from the date of the psychological
assistant’s next registration or renewal, whichever occurs first.
Upon showing of good cause as determined by the Board, these specified
time limitations may be reasonably modified.

NOTE: Authority cited: Section 2930, Business and Professions Code. Reference: Section 2913,
Business and Professions Code.
History
1. Amendment filed 4-26-79; effective thirtieth day thereafter (Register 79, No. 17).
2. Amendment filed 6-15-83; effective thirtieth day thereafter (Register 83, No. 25).
3. Change without regulatory effect pursuant to section 100, Title 1, California Code of Regulations
filed 3-5-90 (Register 90, No. 20).
4. Amendment of section heading and section filed 9-23-2010; operative 10-23-2010 (Register

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CALIFORNIA CODE OF REGULATIONS
2010, No. 39).

§ 1391.2.  Withdrawal of Applications.

Applications for registration which have not been completed within ninety
(90) days after additional information has been requested shall be deemed to
be withdrawn.
Any person who possesses a doctorate degree which will qualify for licensure
as a psychologist pursuant to Section 2914 of the code, shall be deemed to have
completed “one fully matriculated year of graduate training in psychology’’ and
will be eligible for registration as a psychological assistant upon compliance
with other provisions of Section 2913 of the code.

Note: Authority cited: Section 2930, Business and Professions Code. Reference: Section 2913,
Business and Professions Code.
History
1. Amendment filed 6-15-83; effective thirtieth day thereafter (Register 83, No. 25).
2. Amendment filed 12-16-2004; operative 1-1-2005 pursuant to Government Code section
11343.4 (Register 2004, No. 51).

§ 1391.4.  Limited Psychological Functions.

As used in Section 2913 of the code, the phrase “limited psychological
functions’’ means those functions which are performed under the direction and
supervision of the qualified supervisor pursuant to the American Psychological
Association’s (APA) January 1, 1997 version of the Guidelines and Principles
for Accreditation of Programs in Professional Psychology and the APA Code of
Conduct and Ethical Principles.

Note: Authority cited: Section 2930, Business and Professions Code. Reference: Section 2913,
Business and Professions Code.
History
1. Amendment of section and new Note filed 12-16-2004; operative 1-1-2005 pursuant to
Government Code section 11343.4 (Register 2004, No. 51).

§ 1391.5.  Statement of Purpose; Supervision Required.

(a)  A psychological assistant shall be under the direction and supervision
of a licensed psychologist or board-certified psychiatrist who is employed in
the same setting in which the psychological assistant is employed. A licensed
psychologist who is supervising psychological assistants must comply with the
supervision course requirements set forth in section 1387.1.
(b)  The supervisor shall provide a minimum of one (1) hour per week of
individual supervision to the psychological assistant, unless more such
supervision is required under Section 1387 or by the nature of the psychological
functions performed by the psychological assistant.
(c)  A registered psychological assistant employed by one of the organizations
specified in section 2913 of the code may receive delegated supervision
pursuant to section 1387(c) from a qualified psychologist or a board certified
psychiatrist other than the supervisor to whom he/she is registered if the
delegated supervisor is also employed within the same organization. Otherwise,
supervision may not be delegated under a psychological assistant registration.
Note: Authority cited: Section 2930, Business and Professions Code. Reference: Section 2913,

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Regulations

§ 1391.3.  Required Training.

BOARD OF PSYCHOLOGY
Business and Professions Code.
History
1. Amendment filed 12-29-88; operative 12-29-88 (Register 89, No. 2).
2. Amendment filed 12-16-2004; operative 1-1-2005 pursuant to Government Code section
11343.4 (Register 2004, No. 51).

§ 1391.6.  Supervisor’s Responsibility.

Regulations

(a)  Every supervisor of a psychological assistant shall be responsible
for supervising the psychological functions performed by the psychological
assistant and ensuring that the extent, kind and quality of the psychological
functions performed by the assistant are consistent with the supervisor’s
training and experience, and that the assistant complies with the provisions
of the code, the board’s regulations, and the standards established by the
American Psychological Association.
(b)  The supervisor shall inform each client or patient prior to the rendering
of services by the psychological assistant that the assistant is unlicensed and
is under the direction and supervision of the supervisor as an employee and
that the supervisor shall have access to the patient’s chart in fulfilling his/her
supervision duties.
(c)  The supervisor shall be available to the assistant 100% of the time the
assistant is performing psychological functions. The availability can be inperson, by telephone, by pager or by other appropriate technology.
(d)  The supervisor shall ensure that a plan is in place to protect the patient
or client in the event a patient/client crisis or emergency occurs during any
time the supervisor is not physically present at the established site at which
the supervisee is working. The supervisor shall ensure that the supervisee
thoroughly understands the plan in the event a patient crisis or emergency
occurs.

Note: Authority cited: Section 2930, Business and Professions Code. Reference: Section 2913,
Business and Professions Code.
History
1. Amendment filed 6-15-83; effective thirtieth day thereafter (Register 83, No. 25).
2. Amendment filed 12-29-88; operative 12-29-88 (Register 89, No. 2).
3. Change without regulatory effect pursuant to section 100, Title 1, California Code of Regulations
filed 3-5-90 (Register 90, No. 20).
4. Amendment filed 12-16-2004; operative 1-1-2005 pursuant to Government Code section
11343.4 (Register 2004, No. 51).

§ 1391.7.  Supervised Professional Experience.

In order to qualify as “supervised professional experience’’ pursuant to
Section 2914(c) of the code, experience gained as a psychological assistant
must comply with Section 1387.

Note: Authority cited: Section 2930, Business and Professions Code. Reference: Section 2913,
Business and Professions Code.
History
1. Amendment filed 6-15-83; effective thirtieth day thereafter (Register 83, No. 25).
2. Change without regulatory effect amending section filed 1-18-2002 pursuant to section 100,
title 1, California Code of Regulations (Register 2002, No. 3).

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CALIFORNIA CODE OF REGULATIONS
§ 1391.8.  Employer-Employee Business Relationship.

Note: Authority cited: Section 2930, Business and Professions Code. Reference: Section 2913,
Business and Professions Code.
History
1. Amendment filed 12-29-88; operative 12-29-88 (Register 89, No. 2).
2. Amendment filed 12-16-2004; operative 1-1-2005 pursuant to Government Code section
11343.4 (Register 2004, No. 51).

§ 1391.10.  Annual Reports.

On or before the expiration of a registration, every supervisor of a
psychological assistant shall submit to the Board on a form provided by the
Board a report for the registration period showing:
(a)  The nature of the psychological functions performed by the psychological
assistant being supervised.
(b)  Certification of employment.
(c)  The locations at which the psychological assistant provided the
psychological functions and the type, extent and amount of supervision.
(d)  A certification that the psychological functions performed by the
psychological assistant were performed at a level satisfactory to ensure safety
to the public.

NOTE: Authority cited: Section 2930, Business and Professions Code. Reference: Section 2913,
Business and Professions Code.
History
1. Amendment filed 6-15-83; effective thirtieth day thereafter (Register 83, No. 25).
2. Amendment filed 12-29-88; operative 12-29-88 (Register 89, No. 2).
3. Change without regulatory effect pursuant to section 100, Title 1, California Code of Regulations
filed 3-5-90 (Register 90, No. 20).
4. Amendment filed 12-16-2004; operative 1-1-2005 pursuant to Government Code section
11343.4 (Register 2004, No. 51).
5. Amendment of first paragraph and subsection (a) filed 7-24-2009; operative 8-23-2009 (Register
2009, No. 30).

§ 1391.11.  Notification of Termination.

Within thirty (30) days after the termination of the employment of a
psychological assistant, the employer shall notify the board in writing of such
termination, setting forth the date thereof.

NOTE: Authority cited: Section 2930, Business and Professions Code. Reference: Section 2913,
Business and Professions Code.
History

115

Regulations

(a)  No supervisor or employer of a psychological assistant may charge a fee
or otherwise require monetary payment in consideration for the employment
or supervision of a psychological assistant. The supervisor or employer shall
supply all provisions necessary to function as a psychological assistant.
(b)  The psychological assistant shall have no proprietary interest in the
business of the supervisor or the employer.
(c)  The psychological assistant shall not rent, lease, sublease, or leasepurchase office space from any entity for purposes of functioning as a
psychological assistant.

BOARD OF PSYCHOLOGY
1. Change without regulatory effect pursuant to section 100, Title 1, California Code of Regulations
filed 3-5-90 (Register 90, No. 20).

§ 1391.12.  Psychological Assistant Renewals.

Regulations

(a)  A new registration shall expire one year after issuance. The registration
of a psychological assistant shall be renewed by the employer annually, on or
before its expiration.
(b)  A registration renewed 30 days after its expiration must be accompanied
by the delinquency fee required in section 1392.1 in order to be renewed.
(c)  A psychological assistant who has been registered with the Board but
whose registration has expired and has not been renewed by the employer
shall not function as a psychological assistant.
(d)  A psychological assistant employed and registered by more than one
employer shall have his or her registration renewed by each employer.
(e)  A registration not renewed within 60 days after its expiration shall
become void and a new application for registration shall be submitted by the
employer.

NOTE: Authority cited: Section 2930, Business and Professions Code. Reference: Section 2913,
Business and Professions Code.
History
1. Amendment filed 6-15-83; effective thirtieth day thereafter (Register 83, No. 25).
2. Change without regulatory effect pursuant to section 100, Title 1, California Code of Regulations
filed 3-5-90 (Register 90, No. 20).
3. Change without regulatory effect amending subsection (b) filed 10-16-2001 pursuant to section
100, title 1, California Code of Regulations (Register 2001, No. 42).
4. Amendment filed 7-24-2009; operative 8-23-2009 (Register 2009, No. 30).

ARTICLE 6.
Fees
§ 1392.  Psychologist Fees.

(a)  The application fee for a psychologist is $40.00.
(b)  The fee for the California Psychology Supplemental Examination
(CPSE) is $129.00.
(c)  The fee for the California Psychology Law and Ethics Examination
(CPLEE) is $129.00.
(d)  An applicant taking or repeating either licensing examination shall pay
the full fee for that examination.
(e)  The initial license fee and the biennial renewal fee for a psychologist are
$400.00, except that if an initial license will expire less than one year after its
issuance, then the initial license fee is an amount equal to 50 percent of the
renewal fee in effect on the last regular renewal date before the date on which
the license is issued.
(f)  The biennial renewal fee for an inactive license is $40.00.

NOTE: Authority cited: Sections 2930, 2987 and 2989, Business and Professions Code.
Reference: Sections 2987, 2988 and 2989, Business and Professions Code.
History

116

1. Amendment of subsections (a) and (b) filed 7-10-89; operative 8-9-89 (Register 89, No. 49). For
prior history, see Register 83, No. 25.
2. New subsection (d) filed 12-1-89; operative 12-31-89 (Register 89, No. 49).
3. Amendment of subsection (c) filed 5-17-90; operative 6-16-90 (Register 90, No. 26).
4. Amendment of subsection (c) filed 5-24-91; operative 6-23-91 (Register 91, No. 27).
5. Amendment of subsections (b) and (c) and Note filed 6-14-93; operative 7-1-93 pursuant to
Government Code section 113462(d) (Register 93, No. 25).
6. Amendment of subsection (c) filed 3-8-95; operative 4-7-95 (Register 95, No. 10).
7. Amendment of subsection (b) and Note filed 3-24-97; operative 4-23-97 (Register 97, No. 13).
8. Amendment of subsection (b) filed 10-22-98; operative 11-21-98 (Register 98, No. 43).
9. Amendment of subsections (b) and (c) filed 2-14-2000; operative 3-15-2000 (Register 2000, No.
7).
10. Amendment of subsection (b) filed 4-5-2001; operative 5-5-2001 (Register 2001, No. 14).
11. Repealer of subsections (b)-(c), new subsections (b)-(e) and subsection relettering filed 12-192001 as an emergency; operative 1-1-2002 (Register 2001, No. 51). A Certificate of Compliance must
be transmitted to OAL by 5-1-2002 or emergency language will be repealed by operation of law on
the following day.
12. Certificate of Compliance as to 12-19-2001 order transmitted to OAL 1-8-2002 and filed 2-202002 (Register 2002, No. 8).
13. Repealer of subsection (b) and subsection relettering filed 2-11-2003; operative 3-1-2003
pursuant to Government Code section 11343.4 (Register 2003, No. 7).
14. Amendment of subsection (b) filed 5-12-2006; operative 5-12-2006 pursuant to Government
Code section 11343.4 (Register 2006, No. 19).
15. New subsection (c), subsection relettering and amendment of newly designated subsection
(e) filed 4-1-2008; operative 4-1-2008 pursuant to Government Code section 11343.4 (Register 2008,
No. 14).

§ 1392.1.  Psychological Assistant Fees.

(a)  The application fee for registration of a psychological assistant which is
payable by the supervisor is $40.00.
(b)  The annual renewal fee for registration of a psychological assistant is
$40.00.
(c)  The delinquency fee for a psychological assistant is $20.00.

NOTE: Authority cited: Section 2930, Business and Professions Code. Reference: Sections 2688
and 2689, Business and Professions Code.
History
1. New section filed 1-22-79 as an emergency; effective upon filing (Register 79, No. 4).
2. Certificate of Compliance filed 3-7-79 (Register 79, No. 10).
3. Amendment filed 6-15-83; effective thirtieth day thereafter (Register 83, No. 25).

ARTICLE 7.
Standards Related to Denial, Discipline, and
Reinstatement of Licenses or Registrations
§ 1393.  Requirements for Psychologists on Probation.

Each psychologist who has been placed on probation by the board shall
be subject to the board’s probation program and shall be required to fully

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CALIFORNIA CODE OF REGULATIONS

BOARD OF PSYCHOLOGY
cooperate with the assigned probation monitor.

NOTE: Authority cited: Section 2930, Business and Professions Code. Reference: Sections 2960
and 2961, Business and Professions Code.
History
1. Repealer of former section 1393, and renumbering and amendment of former section 1395 to
section 1393 filed 6-15-83; effective thirtieth day thereafter (Register 83, No. 25). For prior history,
see Register 79, No. 17.
2. Change without regulatory effect pursuant to section 100, Title 1, California Code of Regulations
filed 3-5-90 (Register 90, No. 20).
3. Amendment filed 3-6-2003; operative 4-5-2003 (Register 2003, No. 10).
4. Amendment of article heading filed 7-23-2012; operative 8-22-2012 (Register 2012, No. 30).

Regulations

§ 1394.  Substantial Relationship Criteria.

For the purposes of denial, suspension, or revocation of a license or
registration pursuant to Division 1.5 (commencing with Section 475) of the
code, a crime or act shall be considered to be substantially related to the
qualifications, functions or duties of a person holding a license or registration
under the Psychology Licensing Law (Chapter 6.6 of Division 2 of the Code), if
to a substantial degree it evidences present or potential unfitness of a person
holding a license or registration to perform the functions authorized by his or
her license or registration or in a manner consistent with the public health,
safety, or welfare. Such crimes or acts shall include but not be limited to those
involving the following:
(a)  Violating or attempting to violate, directly or indirectly, or assisting in
or abetting the violation of or conspiring to violate any provision or term of
that law.
(b)  Conviction of a crime involving fiscal dishonesty.

NOTE: Authority cited: Sections 481 and 2930, Business and Professions Code. Reference:
Sections 481, 490, 2960 and 2963, Business and Professions Code.

 

1. Repealer of former Section 1394, and renumbering and amendment offormer Section 1396 to
Section 1394 filed 6-15-83; effective thirtieth day thereafter (Register 83, No. 25). For prior history,
see Registers 79, No. 17; 76, No. 52; 75, Nos. 24 and 8; and 74, No. 8.

§ 1395.  Rehabilitation Criteria for Denials and Reinstatements.

When considering the denial of a license or registration under section
480 of the code, or a petition for reinstatement under section 11522 of the
Government Code, the board in evaluating the rehabilitation of the applicant
and his or her present eligibility for a license or registration, will consider the
following criteria:
(1)  The nature and severity of the act(s) or crime(s) under consideration as
grounds for denial.
(2)  Evidence of any act(s) committed subsequent to the act(s) or crime(s)
under consideration as grounds for denial which also could be considered as
grounds for denial under section 480 of the Code.
(3)  The time that has elapsed since commission of the act(s) or crime(s)
referred

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NOTE: Authority cited: Sections 482 and 2930, Business and Professions Code. Reference:
Sections 480, 482, 2960, 2962 and 2963, Business and Professions Code.
History
1. Renumbering and amendment of former section 1395 to section 1393, and renumbering and
amendment of former section 1396.1 to section 1395 filed 6-15-83; effective thirtieth day thereafter
(Register 83, No. 25). For prior history, see Registers 79, No. 17; 76, No. 52; and 75, Nos. 24 and 18.
2. Change without regulatory effect pursuant to section 100, Title 1, California Code of Regulations
filed 3-5-90 (Register 90, No. 20).

§ 1395.1.  Rehabilitation Criteria for Suspensions or Revocations.

When considering the suspension or revocation of a license or registration on
the ground that a person holding a license or registration under the Psychology
Licensing Law (chapter 6.6 of division 2 of the code) has been convicted of a
crime the board in evaluating the rehabilitation of such person and his or her
eligibility for a license or registration will consider the following criteria:
(1)  Nature and severity of the act(s) or offense(s).
(2)  Total criminal record.
(3)  The time that has elapsed since commission of the act(s) or offense(s).
(4)  Whether the licensee or registration holder has complied with any
terms of parole, probation, restitution or any other sanctions lawfully imposed
against such person.
(5)  If applicable, evidence of expungement proceedings pursuant to section
1203.4 of the Penal Code.
(6)  Evidence, if any, of rehabilitation submitted by the licensee or
registration holder.

NOTE: Authority cited: Sections 482 and 2930, Business and Professions Code. Reference:
Sections 482, 2960 and 2963, Business and Professions Code.
History
1. Renumbering and amendment of former section 1396.2 to section 1395.1 filed 6-15-83; effective
thirtieth day thereafter (Register 83, No. 25). For prior history, see Registers 79, No. 17; 76, No. 52;
and 75, Nos. 24 and 18.
2. Change without regulatory effect pursuant to section 100, Title 1, California Code of Regulations
filed 3-5-90 (Register 90, No. 20).

ARTICLE 8.
Rules of Professional Conduct
§ 1396. Competence.

A psychologist shall not function outside his or her particular field or fields
of competence as established by his or her education, training and experience.
NOTE: Authority cited: Sections 2930 and 2936, Business and Professions Code. Reference:

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to in subdivision (1) or (2).
(4)  The extent to which the applicant has complied with any terms of
parole, probation, restitution, or any other sanctions lawfully imposed against
the applicant.
(5)  Evidence, if any, of rehabilitation submitted by the applicant.

BOARD OF PSYCHOLOGY
Section 2936, Business and Professions Code.
History
1. Repealer of Article 8 heading, renumbering of Article 9 to Article 8 (Sections 1396-1397.40, not
consecutive), renumbering and amendment of former Section 1396 to Section 1394, and renumbering
and amendment of former Section 1397.3 to Section 1396 filed 6-15-83; effective thirtieth day
thereafter (Register 83, No. 25). For prior history, see Register 76, No. 52.

§ 1396.1.  Interpersonal Relations.

Regulations

It is recognized that a psychologist’s effectiveness depends upon his or her
ability to maintain sound interpersonal relations, and that temporary or more
enduring problems in a psychologist’s own personality may interfere with
this ability and distort his or her appraisals of others. A psychologist shall
not knowingly undertake any activity in which temporary or more enduring
personal problems in the psychologist’s personality integration may result in
inferior professional services or harm to a patient or client. If a psychologist
is already engaged in such activity when becoming aware of such personal
problems, he or she shall seek competent professional assistance to determine
whether services to the patient or client should be continuedor terminated.

NOTE: Authority cited: Sections 2930 and 2936, Business and Professions Code. Reference:
Section 2936, Business and Professions Code.
History
1. Renumbering and amendment of former Section 1396.1 to Section 1395, and renumbering of
former Section 1397.4 to Section 1396.1 filed 6-15-83; effective thirtieth day thereafter (Register 83,
No. 25). For prior history, see Register 76, No. 52.

§ 1396.2.  Misrepresentation.

A psychologist shall not misrepresent nor permit the misrepresentation of
his or her professional qualifications, affiliations, or purposes, or those of the
institutions, organizations, products and/or services with which he or she is
associated.

NOTE: Authority cited: Sections 2930 and 2936, Business and Professions Code. Reference:
Section 2936, Business and Professions Code.
History
1. Renumbering and amendment of former Section 1396.2 to Section 1395.1, and renumbering of
former Section 1397.5 to Section 1396.2 filed 6-15-83; effective thirtieth day thereafter (Register 83,
No. 25). For prior history, see Registers 76, No. 52; and 68, No. 9.

§ 1396.3.  Test Security.

A psychologist shall not reproduce or describe in public or in publications
subject to general public distribution any psychological tests or other
assessment devices, the value of which depends in whole or in part on the
naivete of the subject, in ways that might invalidate the techniques; and shall
limit access to such tests or devices to persons with professional interests who
will safeguard their use.

NOTE: Authority cited: Sections 2930 and 2936, Business and Professions Code. Reference:
Section 2936, Business and Professions Code.
History
1. Renumbering and amendment of former Section 1397.7 to Section 1396.3 filed 6-15-83; effective
thirtieth day thereafter (Register 83, No. 25). For prior history, see Register 68, No. 42.

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§ 1396.4.  Professional Identification.

NOTE: Authority cited: Sections 2930 and 2936, Business and Professions Code. Reference:
Sections 2913 and 2936, Business and Professions Code.
History
1. Renumbering of former Section 1397.8 to Section 1396.3 filed 6-15-83; effective thirtieth day
thereafter (Register 83, No. 25). For prior history, see Registers 76, No. 52; and 73, No. 4.

§ 1396.5.  Consumer Information.

Licensed psychologists who provide services to a client in a language other
than English shall:
(a)  provide to the client as appropriate the translations of required or
approved notices or publications made available by the board in that language;
(b)  discuss with the client as appropriate the content of any required or
approved notice or publication for those notices or publications not available in
the language in which services are provided;
(3)  post the Notice to Consumers pursuant to section 2936 of the Code, if
made available by the board in that language.

Note: Authority cited: Section 2930, Business and Professions Code. Reference: Sections 728,
2930 and 2936, Business and Professions Code.
History
1. New section filed 2-28-2007; operative 3-30-2007 (Register 2007, No. 9).

§ 1397. Advertising.

A licensed psychologist may advertise the provision of any services
authorized to be provided by such license within the psychologist’s field of
competence in a manner authorized under Section 651 of the code, so long as
such advertising does not promote the excessive or unnecessary use of such
services.

NOTE: Authority cited: Sections 651, 2930 and 2936, Business and Professions Code. Reference:
Sections 651, 2936 and 2960, Business and Professions Code.
History
1. Renumbering and amendment of former Section 1397.11 to Section 1397 filed 7-31-84; effective
thirtieth day thereafter (Register 84, No. 31). For history of former Section 1397, see Register 83,
No. 25.

§ 1397.1.  Child Abuse Reporting Requirements.

Failure to comply with the reporting requirements contained in Penal Code
Section 11166 shall constitute unprofessional conduct.

NOTE: Authority cited: Sections 2930 and 2936, Business and Professions Code. Reference:
Sections 2936 and 2960 (i), Business and Professions Code.
History
1. New section filed 4-6-88; operative 5-6-88 (Register 88, No. 17).

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(a)  When engaged in any professional psychological activity, whether for a
fee orotherwise, a psychologist shall at all times and under all circumstances
identify himself or herselfas a psychologist.
(b)  A psychological assistant shall at all times and under all circumstances
identify himself or herself to patients or clients as a psychological assistant
to his or her employer or responsible supervisor when engaged in any
psychological activity in connection with that employment.

BOARD OF PSYCHOLOGY
§ 1397.2.  Other Actions Constituting Unprofessional Conduct.

Regulations

In addition to the conduct described in Section 2960 of the Code,
“unprofessional conduct’’ also includes but is not limited to the following:
(a)  Including or permitting to be included any of the following provisions in
an agreement to settle a civil dispute arising from the licensee’s or registrant’s
practice to which the licensee or registrant is or expects to be named as a party,
whether the agreement is made before or after the filing of an action:
(1)  A provision that prohibits another party to the dispute from contacting,
cooperating with, or filing a complaint with the Board.
(2)  A provision that requires another party to the dispute to attempt to
withdraw a complaint the party has filed with the Board.
(b)  Failure to provide to the Board, as directed, lawfully requested certified
copies of documents within 15 days of receipt of the request or within the time
specified in the request, whichever is later, unless the licensee or registrant is
unable to provide the certified documents with this time period for good cause,
including but not limited to, physical inability to access the records in the time
allowed due to illness or travel. This subsection shall not apply to a licensee
or registrant who does not have access to, and control over, medical records.
(c)  Failure to cooperate and participate in any Board investigation
pending against the licensee or registrant. This subsection shall not be
construed to deprive a licensee or registrant of any privilege guaranteed by
the Fifth Amendment to the Constitution of the United States, or any other
constitutional or statutory privilege. This subsection shall not be construed to
require a licensee or registrant to cooperate with a request that would require
the licensee or registrant to waive any constitutional or statutory privilege or to
comply with a request for information or other matters within an unreasonable
period of time in light of the time constraints of the licensee’s or registrant’s
practice. Any exercise by a licensee or registrant of any constitutional or
statutory privilege shall not be used against the licensee or registrant in a
regulatory or disciplinary proceeding against the licensee or registrant.
(d)  Failure to report to the Board within 30 days any of the following:
(1)  The conviction of the licensee or registrant, including any verdict of
guilty, or pleas of guilty or no contest, of any felony or misdemeanor.
(2)  Any disciplinary action taken by another licensing entity or authority
of this state or of another state or an agency of the federal government or the
United States military.

NOTE: Authority cited: Section 2930, Business and Professions Code. Reference: Sections
2960, 2963 and 2969, Business and Professions Code.
History
1. New section filed 7-23-2012; operative 8-22-2012 (Register 2012, No. 30). For prior history, see
Register 83, No. 25.

§ 1397.12.  Disciplinary Guidelines.

In reaching a decision on a disciplinary action under the administrative
adjudication provisions of the Administrative Procedure Act (Government Code
Section 11400 et seq.), the Board of Psychology shall consider the disciplinary
guidelines entitled “Disciplinary Guidelines,’’ as amended 2/07’’ which are
hereby incorporated by reference. Deviation from these guidelines and orders,

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Note: Authority cited: Section 2930, Business and Professions Code. Reference: Sections 2960,
2960.05, 2960.1, 2960.5, 2960.6, 2961, 2962, 2963, 2964, 2964.3, 2964.5, 2964.6, 2965, 2966 and 2969,
Business and Professions Code; and Section 11425.50(e), Government Code.
History
1. New section filed 3-7-97; operative 4-6-97 (Register 97, No. 10).
2. Amendment filed 3-1-2000; operative 3-31-2000 (Register 2000, No. 9).
3. Amendment of “Disciplinary Guidelines’’ (incorporated by reference) and amendment of section
and Note filed 3-3-2003; operative 4-2-2003 (Register 2003, No. 10).
4. Amendment filed 12-5-2006 as an emergency; operative 1-4-2006 (Register 2006, No. 49).
5. Change without regulatory effect amending Disciplinary Guidelines (incorporated by reference)
and amending section filed 2-8-2007 pursuant to section 100, title 1, California Code of Regulations
(Register 2007, No. 6).

§ 1397.30. Citation.

These regulations may be cited and referred to as the “Psychology
Corporation Regulations.’’

NOTE: Authority and reference cited: Sections 2930 and 2999, Business and Professions
Code.
History
1. New Article 10 (Sections 1397.30-1397.41) filed 4-26-79; effective thirtieth day thereafter
(Register 79, No. 17).
2. Repealer of Article 10 heading and amendment of section filed 6-15-83; effective thirtieth day
thereafter (Register 83, No. 25).

§ 1397.35.  Requirements for Professional Corporations.

A professional corporation shall comply with the following provisions:
(a)  The corporation is organized and exists pursuant to the general
corporation law and is a professional corporation within the meaning of the
Moscone-Knox Professional Corporation Act (Part 4, Division 3, Title 1 of the
Corporations Code).
(b)  Each shareholder, director and officer (except as provided in Section
13403 of the Corporations Code and Section 2997 of the code) holds a valid
psychology license; provided that, a licensed physician, podiatrist, marriage,
family, and child counselor, licensed clinical social worker, chiropractor,
optometrist or registered nurse may be a shareholder, director or officer of a
psychology corporation so long as such licensees own no more than 49% of the
total shares issued by the psychology corporation and the number of licensed
physicians, podiatrists, marriage, family, and child counselors, licensed clinical
social workers, chiropractors, optometrists or registered nurses owning shares
in the psychology corporation does not exceed the number of psychologists
owning shares in such a corporation. A psychologist may be a shareholder in
more than one psychology corporation.
(c)  Each professional employee of the applicant who will practice psychology,
podiatry, medicine, marriage, family and child counseling, clinical social work,
chiropractic, optometry or professional nursing, whether or not a shareholder,

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including the standard terms of probation is appropriate where the Board of
Psychology in its sole discretion determines that the facts of the particular case
warrant such a deviation—for example: the presence of mitigating factors; the
age of the case; evidentiary problems.

BOARD OF PSYCHOLOGY
director or officer, holds a valid license.

NOTE: Authority cited: Sections 2930 and 2999, Business and Professions Code. Reference:
Section 2995, Business and Professions Code; and Sections 13401, 13401.5, 13403, 13406 and 13407,
Corporations Code.
History
1. Amendment of subsections (b) and (d) filed 2-28-80; effective thirtieth day thereafter (Register
80, No. 9).
2. Amendment filed 6-15-83; effective thirtieth day thereafter (Register 83, No. 25).
3. Amendment of subsections (b) and (c) filed 3-13-97; operative 4-12-97 (Register 97, No. 11).

§ 1397.37.  Shares: Ownership and Transfer.
Regulations

(a)  Where there are two or more shareholders in a psychology corporation
and one of the shareholders:
(1)  Dies; or
(2)  Becomes a disqualified person as defined in Section 13401(d) of the
Corporations Code, his or her shares shall be sold and transferred to the
corporation, its shareholders or other eligible licensed persons on such terms
as are agreed upon. Such sale or transfer shall not be later than six (6) months
after any such death and ninety (90) days after the shareholder becomes a
disqualified person. The requirements of this subsection shall be set forth in
the psychology corporation’s articles of incorporation or bylaws.
(b)  A corporation and its shareholders may, but need not, agree that shares
sold to it by a person who becomes a disqualified person may be resold to such
person if and when he or she again becomes an eligible shareholder.
(c)  The share certificates of a psychology corporation shall contain an
appropriate legend setting forth the restrictions of subsection (a).
(d)  Nothing in these regulations shall be construed to prohibit a psychology
corporation from owning shares in a nonprofessional corporation.

NOTE: Authority cited: Sections 2930 and 2999, Business and Professions Code. Reference:
Section 2999, Business and Professions Code; and Sections 13401, 13403, 13406 and 13407,
Corporations Code.
History
1. Amendment of subsections (e) and (f) filed 2-28-80; effective thirtieth day thereafter (Register
80, No. 9).
2. Amendment filed 6-15-83; effective thirtieth day thereafter (Register 83, No. 25).

§ 1397.39.  Corporate Activities.

(a)  A psychology corporation may perform any act authorized in its
articles of incorporation or bylaws so long as that act is not in conflict with or
prohibited by these rules, the Psychology Licensing Law, the Medical Practice
Act, the Optometry Law or the Nursing Practice Act or the regulations adopted
pursuant thereto.
(b)  A psychology corporation may enter into partnership agreements
with other psychologists practicing individually or in a group or with other
psychology corporations.

NOTE: Authority cited: Sections 2930 and 2999, Business and Professions Code. Reference:
Section 2996.6, Business and Professions Code; and Sections 13403, 13408 and 13410, Corporations
Code.
History

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9).

1. Amendment of subsection (a) filed 2-28-80; effective thirtieth day thereafter (Register 80, No.
2. Amendment filed 6-15-83; effective thirtieth day thereafter (Register 83, No. 25).

§ 1397.40. Trusts.

The restrictions on the ownership of the shares of psychology corporations
shall apply to both the legal and equitable title to such shares.

ARTICLE 9.
Citations and Fines
§ 1397.50.  Citations and Fines.

(a)  For purposes of this article, “board official’’ shall mean the executive
officer of the board or his or her representative.
(b)  A board official is authorized to determine when and against whom a
citation will be issued and to issue citations containing orders of abatement
and fines for violations by a licensed psychologist of the statutes referred to in
section 1397.51.
(c)  A citation shall be issued whenever any fine is levied or any order of
abatement is issued. Each citation shall be in writing and shall describe with
particularity the nature and facts of the violation, including a reference to
the statute or regulations alleged to have been violated. The citation shall
be served upon the individual personally or by certified mail, return receipt
requested.

NOTE: Authority cited: Sections 125.9, 148 and 2930, Business and Professions Code.
Reference: Sections 125.9 and 148, Business and Professions Code.
History
1. New article 9 (sections 1397.50-1397.55) and section filed 4-26-96; operative 5-26-96 (Register
96, No. 17).

§ 1397.51.  Amount of Fines.

The amount of any fine to be levied by a board official shall take into
consideration the factors listed in subdivision (b)(3) of section 125.9 of the code
and shall be within the range set forth below.
(a)  A board official may issue a citation under section 1397.50 for a violation
of the provisions listed in this section. The fine for a violation of the following
code sections shall be from $100 to $2500:
(1)  Business and Professions Code section 125
(2)  Business and Professions Code section 125.6
(3) Business and Professions Code section 475(a)(1)
(4)  Business and Professions Code section 490
(5)  Business and Professions Code section 496
(6)  Business and Professions Code section 580
(7)  Business and Professions Code section 581

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NOTE: Authority cited: Sections 2930 and 2999, Business and Professions Code. Reference:
Sections 13406 and 13407, Corporations Code.
History
1. Repealer of subsection (b) filed 6-15-83; effective thirtieth day thereafter (Register 83, No. 25).

BOARD OF PSYCHOLOGY

Regulations

(8)  Business and Professions Code section 582
(9)  Business and Professions Code section 583
(10)  Business and Professions Code section 584
(11)  Business and Professions Code section 650
(12)  Business and Professions Code section 651
(13)  Business and Professions Code section 654.2
(14)  Business and Professions Code section 702
(15)  Business and Professions Code section 810
(16)  Business and Professions Code section 2903
(17)  Business and Professions Code section 2960(a)
(18)  Business and Professions Code section 2960(c)
(19)  Business and Professions Code section 2960(d)
(20)  Business and Professions Code section 2960(f)
(21)  Business and Professions Code section 2960(g)
(22)  Business and Professions Code section 2960(h)
(23)  Business and Professions Code section 2960(i)
(24)  Business and Professions Code section 2960(k)
(25)  Business and Professions Code section 2960(l )
(26)  Business and Professions Code section 2960(m)
(27)  Business and Professions Code section 2960(n)
(28)  Business and Professions Code section 2960(p)
(29)  Business and Professions Code section 2960(q)
(30)  Business and Professions Code section 2960(r)
(31)  Business and Professions Code section 2960.6
(32)  Business and Professions Code section 17500
(33)  Penal Code section 11166.5
(34)  Business and Professions Code section 2913(c)
(35)  Business and Professions Code section 2914(c)
(36)  Business and Professions Code section 2915
(b)  At his or her discretion, a board official may issue a citation with an
order of abatement without levying a fine for the first violation of any provision
set forth above.
(c)  Notwithstanding the administrative fine amounts specified in this
section, a citation may include a fine between $2,501 and $5,000 if one or more
of the following circumstances apply:
(1)  The citation involves a violation that has an immediate relationship to
the health and safety of another person;
(2)  The cited person has a history of two or more prior citations of the same
or similar violations;
(3)  The citation involves multiple violations that demonstrate a willful
disregard of the law;
(4)  The citation involves a violation or violations perpetrated against a
child, elderly person or person with a disability.

Note: Authority cited: Sections 125.9, 148 and 2930, Business and Professions Code. Reference:
Sections 125.9 and 148, Business and Professions Code.
History
1. New section filed 4-26-96; operative 5-26-96 (Register 96, No. 17).
2. New subsections (a)(34)-(36) filed 7-2-99; operative 8-1-99 (Register 99, No. 27).

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3. New subsections (c)-(c)(4) filed 7-11-2005; operative 8-10-2005 (Register 2005, No. 28).

(a)  If a cited person who has been issued an order of abatement is unable
to complete the correction with the time set forth in the citation because of
conditions beyond his or her control after the exercise of reasonable diligence,
the person cited may request an extension of time in which to complete the
correction from the board official who issued the citation. Such a request shall
be in writing and shall be made within the time set forth for abatement.
(b)  When an order of abatement is not contested or if the order is appealed
and the person cited does not prevail, failure to abate the violation charged
within the time allowed shall constitute a violation and failure to comply
with the order of abatement. An order of abatement shall either be personally
served or mailed by certified mail, return receipt requested. The time allowed
for the abatement of a violation shall begin when the order of abatement is
final and has been served or received. Such failure may result in disciplinary
action being taken by the Board of Psychology or other appropriate judicial
relief being taken against the person cited.

NOTE: Authority cited: Sections 125.9, 148 and 2930, Business and Professions Code.
Reference: Sections 125.9 and 148, Business and Professions Code.
History
1. New section filed 4-26-96; operative 5-26-96 (Register 96, No. 17).

§ 1397.53.  Citations for Unlicensed Practice.

A board official is authorized to determine when and against whom a
citation will be issued and to issue citations containing orders of abatement
and fines against persons, partnerships, corporations or associations who
are performing or who have performed services for which licensure as a
psychologist is required under the laws and regulations relating to the practice
of psychology. Each citation issued shall contain an order of abatement. Where
appropriate, a board official shall levy a fine for such unlicensed activity in
accordance with subdivision (b)(3) of section 125.9 of the code. The provisions
of section 1397.50 and 1397.52 shall apply to the issuance of citations for
unlicensed activity under this subsection. The sanction authorized under this
section shall be separate from and in addition to any other civil or criminal
remedies.

NOTE: Authority cited: Sections 125.9, 148 and 2930, Business and Professions Code.
Reference: Sections 125.9 and 148, Business and Professions Code.
History
1. New section filed 4-26-96; operative 5-26-96 (Register 96, No. 17).

§ 1397.54.  Contest of Citations.

(a)  In addition to requesting a hearing as provided for in subdivision (b)
(4) of section 125.9 of the code, the person cited may, within ten (10) days
after service or receipt of the citation, notify the board official who issued the
citation in writing of his or her request for an informal conference with the
board official regarding the acts charged in the citation. The time allowed
for the request shall begin the first day after the citation has been served or
received.

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§ 1397.52.  Compliance with Orders of Abatement.

BOARD OF PSYCHOLOGY

Regulations

(b)  The board official who issued the citation shall, within 30 days from the
receipt of the request, hold an informal conference with the person cited and/
or his or her legal counsel or authorized representative. At the conclusion of
the informal conference the board official may affirm, modify or dismiss the
citation, including any fine levied or order of abatement issued. The board
official shall state in writing the reasons for his or her action and serve or mail
a copy of his or her findings and decision to the person cited within ten (10)
days from the date of the informal conference, as provided in subsection (b) of
section 1397.52. This decision shall be deemed to be a final order with regard
to the citation issued, including the fine
levied and the order of abatement.
(c)  The person cited does not waive his or her request for a hearing to
contest a citation by requesting an informal conference after which the citation
is affirmed by a board official. If the citation is dismissed after the informal
conference, the request for a hearing on the matter of the citation shall be
deemed to be withdrawn. If the citation, including any fine levied or order
of abatement, is modified, the citation originally issued shall be considered
withdrawn and new citation issued. If a hearing is requested for the subsequent
citation it shall be requested within 30 days in accordance with subdivision (b)
(4) of section 125.9 of the code.

NOTE: Authority cited: Sections 125.9, 148 and 2930, Business and Professions Code.
Reference: Sections 125.9 and 148, Business and Professions Code.
History
1. New section filed 4-26-96; operative 5-26-96 (Register 96, No. 17).

§ 1397.55.  Disconnection of Telephone Service.

(a)  If, upon investigation, the board official has probable cause to believe
that an unlicensed person, who is not otherwise exempt from licensure, has
advertised to provide psychological services in an alphabetical or classified
directory in violation of section 2903 of the code, the board official may issue a
citation containing an order of abatement pursuant to section 1397.50 of these
regulations. The order of abatement shall require the unlicensed person to
cease the unlawful advertising and to notify the telephone company furnishing
services to the cited person to (1) disconnect the telephone services furnished
to any telephone number contained in the unlawful advertising, and (2) that
subsequent calls to that number shall not be referred by the telephone company
to any new number obtained by that person. The cited person shall provide
written evidence of compliance to the board official.
(b)  If the person to whom a citation is issued under subdivision (a) submits
a written request to the board official to appeal the citation, the board official
shall afford an opportunity for a hearing, as provided in section 1397.54 of
these regulations.
(c)  If the person to whom the citation and order of abatement is issued
fails to comply with the order of abatement after the order is final as provided
in section 1398.54(b) of these regulations, the board official shall inform the
Public Utilities Commission of the violation in accordance with Business and
Professions Code section 149.
NOTE: Authority cited: Sections 125.9, 148 and 2930, Business and Professions Code.

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Reference: Sections 125.9, 148 and 149, Business and Professions Code.
History
1. New section filed 4-26-96; operative 5-26-96 (Register 96, No. 17).

ARTICLE 10.
Continuing Education
This section applies to a license that expires on or before December 31,
2012, and becomes inoperative on January 1, 2013.
As used in this article:
(a)  An “accreditation agency’’ means an organization recognized by the
board which evaluates and approves each provider of continuing education,
evaluates and approves each course offering, and monitors the quality of the
approved continuing education courses.
(b)  A “provider’’ means an organization, institution, association, university,
or other person or entity assuming full responsibility for the course offered,
whose qualifications as a continuing education provider have been approved
by a board recognized accreditation agency.
(c)  A “course’’ or “presentation’’ means an approved systematic learning
experience of at least one hour in length. One hour shall consist of 60 minutes
of actual instruction. Courses or presentations less than one hour in duration
shall not be approved.
(d)  “Continuing education’’ means the variety of forms of learning
experiences, including, but not limited to, lectures, conferences, seminars,
workshops, grand rounds, in-service training programs, video conferencing,
and independent learning technologies.
(e)  A “conference’’ means a course consisting of multiple concurrent or
sequential free-standing presentations. Approved presentations must meet all
standards of an approved continuing education course.
(f)  “Grand rounds’’ or “in-service training program’’ means a course
consisting of sequential, free-standing presentations designed to meet the
internal educational needs of the staff or members of an organization and is not
marketed, advertised or promoted to professionals outside of the organization.
Approved presentations must meet all standards of an approved continuing
education course.
(g)  “Independent learning’’ means the variety of forms of organized and
directed learning experiences that occur when the instructor and the student
are not in direct visual or auditory contact. These include, but are not
limited to, courses delivered via the Internet, CD-ROM, satellite downlink,
correspondence and home study. Self-initiated, independent study programs
without an approved CE sponsor are not acceptable for continuing education.
Except for qualified individuals with a disability who apply to and are approved
by the board pursuant to section 1397.62(c), independent learning can be used
to meet no more than 75% (27 hours) of the continuing education required in
each renewal cycle. Independent learning courses must meet all standards of
an approved continuing education course.

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§ 1397.60.  Definitions. [Effective until January 1, 2013.]

BOARD OF PSYCHOLOGY

Regulations

NOTE: Authority cited: Sections 2915(g) and 2930, Business and Professions Code. Reference:
Sections 29 and 2915, Business and Professions Code.
History
1. New Article 10 (sections 1397.60-1397.69) and section filed 12-29-94; operative 12-29-94
pursuant to Government Code Section 11346.2(d) (Register 94, No. 52).
2. Amendment of subsections (c) and (d) filed 4-9-96; operative 5-9-96 (Register 96, No. 15).
3. Amendment of subsection (d), new subsections (e)-(g) and amendment of Note filed 11-24-99;
operative 12-24-99 (Register 99, No. 48).
4. Amendment of subsection (g) filed 12-17-2004; operative 1-1-2005 pursuant to Government
Code section 11343.4 (Register 2004, No. 51).
5. Amendment of subsections (d) and (g) filed 11-16-2006; operative 12-16-2006 (Register 2006,
No. 46).
6. Amendment of section heading and new first paragraph adding sunset provisions filed 2-162012; operative 3-17-2012 (Register 2012, No. 7).
7. Editorial correction of History 6 (Register 2012, No. 10).

§ 1397.60.  Definitions. [Effective January 1, 2013.]

This section shall be applicable to a license that expires on or after, or is
reinstated or issued on or after, January 1, 2013.
As used in this article:
(a)  “Conference’’ means a course consisting of multiple concurrent or
sequential free-standing presentations. Acceptable presentations must meet
the requirements of section 1397.61(c).
(b)  “Continuing education’’ means the variety of forms of learning
experiences, including, but not limited to, lectures, conferences, seminars,
workshops, grand rounds, in-service training programs, video conferencing,
and independent learning technologies.
(c)  “Course’’ or “presentation’’ means an approved systematic learning
experience of at least one hour in length. One hour shall consist of 60 minutes
of actual instruction. Courses or presentations less than one hour in duration
shall not be acceptable.
(d)  “Grand rounds’’ or “in-service training program’ means a course
consisting of sequential, free-standing presentations designed to meet the
internal educational needs of the staff or members of an organization and is not
marketed, advertised or promoted to professionals outside of the organization.
Acceptable presentations must meet the requirements of section 1397.61(c).
(e)  “Independent learning’ means the variety of forms of organized and
directed learning experiences that occur when the instructor and the student
are not in direct visual or auditory contact. These include, but are not
limited to, courses delivered via the Internet, CD-ROM, satellite downlink,
correspondence and home study. Self-initiated, independent study programs
that do not meet the requirements of section 1397.61(c) are not acceptable
for continuing education. Except for qualified individuals with a disability
who apply to and are approved by the Board pursuant to section 1397.62(c),
independent learning can be used to meet no more than 75% (27 hours) of
the continuing education required in each renewal cycle. Independent learning
courses must meet the requirements of section 1397.61(c).
(f)  “Provider’ means an organization, institution, association, university,

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or other person or entity assuming full responsibility for the course offered,
whose courses are accepted for credit pursuant to section 1397.61(c)(1).
NOTE: Authority cited: Sections 2915(g) and 2930, Business and Professions Code. Reference:
Sections 29 and 2915, Business and Professions Code.
History
1. New section filed 2-16-2012; operative 1-1-2013, at which time the previous version of section
1397.60 is inoperative (Register 2012, No. 7).

This section applies to a license that expires on or before December 31,
2012, and becomes inoperative on January 1, 2013.
(a)  Except as provided in section 2915(e) of the Business and Professions
Code and section 1397.62 of these regulations, each licensed psychologist
shall submit with the application for license renewal proof satisfactory to the
board that he or she has completed the continuing education requirements
set forth in section 2915 of the code. A licensee who renews his or her license
for the first time after the initial issuance of the license is only required to
accrue continuing education for the number of months that the license was in
effect, including the month the license was issued, at the rate of 1.5 hours of
approved continuing education per month. Continuing education earned via
independent learning pursuant to section 1397.60(g) shall be accrued at no
more than 75% of the continuing education required for the first time renewal.
The required hours of continuing education may not be accrued prior to the
effective date of the initial issuance of the license. A licensee who falsifies or
makes a material misrepresentation of fact on a renewal application or who
cannot verify completion of continuing education by producing verification of
attendance certificates, whenever requested to do so by the board, is subject to
disciplinary action under section 2960 of the code.
(b)  Any person renewing or reactivating his or her license shall certify under
penalty of perjury to the Board of Psychology as requested on the application
for license renewal, that he or she has obtained training in the subject of laws
and ethics as they apply to the practice of psychology in California. The training
shall include recent changes/updates on the laws and regulations related to
the practice of psychology; recent changes/updates in the Ethical Principles of
Psychologists and Code of Conduct published by the American Psychological
Association; accepted standards of practice; and other applications of laws and
ethics as they affect the licensee’s ability to practice psychology with safety to
the public. Training pursuant to this section may be obtained in one or more
of the following ways:
(1)  Formal coursework in laws and ethics taken from an accredited
educational institution;
(2)  Approved continuing education course in laws and ethics;
(3)  Workshops in laws and ethics;
(4)  Other experience which provide direction and education in laws and
ethics including, but not limited to, grand rounds or professional association
presentation.
If the licensee chooses to apply a specific continuing education course on

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§ 1397.61.  Continuing Education Requirements. [Effective
until January 1, 2013.]

BOARD OF PSYCHOLOGY

Regulations

the topic of laws and ethics to meet the foregoing requirement, such a course
must meet the content requirements named above, must comply with section
1397.60(c) of this Article, and may be applied to the 36 hours of approved
continuing education required in Business and Professions Code section
2915(a).
(c)  Those licensees who began graduate training prior to January 1, 2004,
shall, prior to his or her first license renewal after January 1, 2004, take
continuing education instruction in spousal or partner abuse assessment,
detection, and intervention strategies, including community resources, cultural
factors, and same gender abuse dynamics. Such course shall be taken within
the two years prior to the licensee’s renewal date and shall be no less than one
(1) hour in length. This is a one-time only continuing education requirement.
(d)  Those licensees who began graduate training prior to January 1, 2004,
shall, prior to his or her first license renewal after January 1, 2005, take
continuing education instruction in the biological, social, and psychological
aspects of aging and long-term care. Such course shall be taken within the
two years prior to the licensee’s renewal date and shall be no less than three
(3) hours in length. This is a one-time only continuing education requirement.
(e)  Licensees are encouraged to participate in periodic training in subject
matter for which the Legislature or the board finds cause, including but
not limited to: geriatric pharmacology; the characteristics and methods of
assessment and treatment of HIV disease; and issues of human diversity.
(f)  This subsection shall become effective on January 1, 2006.
(1)  The Board of Psychology recognizes and accepts for continuing education
credit courses that are:
(A)  provided by American Psychological Association (APA) approved
sponsors;
(B)  Continuing Medical Education (CME) courses specifically applicable
and pertinent to the practice of psychology and that are accredited by the
California Medical Association (CMA) or the Accreditation Council for
Continuing Medical Education (ACCME);
(C)  sponsored by the Academies of the specialty boards of the American
Board of Professional Psychology (ABPP).
(2)  The board may recognize other entities to perform an accrediting
function if the entity:
(A)  Has had at least 10 years experience managing continuing education
programs for psychologists on a statewide basis, including, but not limited to:
(i)  Maintaining and managing records and data related to continuing
education programs.
(ii)  Monitoring and approving courses.
(B)  Has a means to avoid a conflict of interest between any provider and
accreditation functions.
(C)  Submits a detailed plan of procedures for monitoring and approving
the provider functions. The plan must demonstrate that it has the capacity to
evaluate each course, including provisions requiring the following:
(i)  Topics and subject matter shall be pertinent to the practice of psychology.
Courses predominantly focused on business issues, marketing, or exploring
opportunities for personal growth are not eligible for credit. Course material

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must have a relevance or direct application to a consumer of psychological
services.
(ii)  Each continuing education course shall have written educational goals
and specific learning objectives which are measurable and which serve as a
basis for an evaluation of the effectiveness of the course.
(iii)  Instructors shall be competent in the subject matter of the course and
shall be qualified by education, training, experience, scope of practice and
licensure.
(iv)  Each continuing education course shall have a syllabus which provides
a general outline of the course.
(v)  When an approved provider works with others on the development,
distribution and/or presentation of a continuing education course (joint
sponsorship), there shall be procedures to identify and document the functions
of each participating party.
(vi)  An evaluation mechanism shall be completed by each participant to
evaluate the continuing education course.
(vii)  Respond to complaints from the board concerning its activities.
(viii)  The entity agency shall provide services to all licensees without
discrimination.
(D)  An entity must submit, in writing, evidence that it meets the
qualifications in this subdivision.
(E)  Upon written confirmation from the board that the entity has been
recognized, the entity may advertise that it has been recognized by the board.
(3)  Any licensee who receives approved continuing education course credit
hours pursuant to this section shall submit verification of course completion
and the participant report recording fee specified in section 1397.69 to a board
recognized accrediting agency.
(g)  Failure of the entity to substantially comply with the provisions as set
forth in subsection (f) shall constitute cause for revocation of recognition by the
board. Recognition can be revoked only by a formal board action, after notice
and hearing, and for good cause.

NOTE: Authority cited: Sections 2915(g) and 2930, Business and Professions Code. Reference:
Sections 29, 2915 and 2915.7, Business and Professions Code.
History
1. New section filed 12-29-94; operative 12-29-94 pursuant to Government Code Section 11346.2(d)
(Register 94, No. 52).
2. Amendment of subsections (b) and (d), new subsections (e)-(f) and amendment of Note filed
4-9-96; operative 5-9-96 (Register 96, No. 15).
3. Amendment of subsection (b), new subsection (c), subsection relettering, and amendment of
newly designated subsections (e) and (g) filed 4-30-98; operative 5-30-98 (Register 98, No. 18).
4. Repealer of subsection (g) filed 11-24-99; operative 12-24-99 (Register 99, No. 48).
5. Amendment of subsection (a), repealer of subsections (b) and (e), subsection relettering and
new subsections (d)-(e) filed 12-18-2001; operative 1-1-2002 pursuant to Government Code section
11343.4 (Register 2001, No. 51).
6. Amendment of subsections (d)-(f) and new subsections (g)-(h) filed 9-2-2003; operative 10-22003 (Register 2003, No. 36).
7. Amendment of section and Note filed 9-24-2004; operative 10-24-2004 (Register 2004, No. 39).
8. Amendment of subsection (a) filed 11-21-2005; operative 12-21-2005 (Register 2005, No. 47).

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BOARD OF PSYCHOLOGY
48).

9. Amendment of subsections (f)-(f)(3) filed 11-29-2005; operative 1-1-2006 (Register 2005, No.

10. Amendment of subsection (a) filed 11-16-2006; operative 12-16-2006 (Register 2006, No. 46).
11. Amendment of subsection (b) and new subsections (b)(1)-(4) filed 12-20-2006; operative 1-192007 (Register 2006, No. 51).
12. Amendment of section heading and new first paragraph adding sunset provisions filed 2-162012; operative 3-17-2012 (Register 2012, No. 7).
13. Editorial correction of History 12 (Register 2012, No. 10).

§ 1397.61.  Continuing Education Requirements. [Effective
January 1, 2013.]
Regulations

This section shall be applicable to a license that expires on or after, or is
reinstated or issued on or after, January 1, 2013.
(a)  Except as provided in section 2915(e) of the Business and Professions
Code and section 1397.62 of these regulations, each licensed psychologist shall
certify on the application for license renewal that he or she has completed
the continuing education requirements set forth in section 2915 of the Code.
A licensee who renews his or her license for the first time after the initial
issuance of the license is only required to accrue continuing education for
the number of months that the license was in effect, including the month the
license was issued, at the rate of 1.5 hours of approved continuing education
per month. Continuing education earned via independent learning pursuant
to section 1397.60(e) shall be accrued at no more than 75% of the continuing
education required for the first time renewal. The required hours of continuing
education may not be accrued prior to the effective date of the initial issuance
of the license. A licensee who falsifies or makes a material misrepresentation
of fact on a renewal application or who cannot verify completion of continuing
education by producing verification of attendance certificates, whenever
requested to do so by the Board, is subject to disciplinary action under section
2960 of the Code.
(b)  Any person renewing or reactivating his or her license shall certify under
penalty of perjury to the Board of Psychology as requested on the application
for license renewal, that he or she has obtained training in the subject of laws
and ethics as they apply to the practice of psychology in California. The training
shall include recent changes/updates on the laws and regulations related to
the practice of psychology; recent changes/updates in the Ethical Principles of
Psychologists and Code of Conduct published by the American Psychological
Association; accepted standards of practice; and other applications of laws and
ethics as they affect the licensee’s ability to practice psychology with safety to
the public. Training pursuant to this section may be obtained in one or more
of the following ways:
(1)  Formal coursework in laws and ethics taken from an accredited
educational institution;
(2)  Approved continuing education course in laws and ethics;
(3)  Workshops in laws and ethics;
(4)  Other experience which provide direction and education in laws and
ethics including, but not limited to, grand rounds or professional association
presentation.

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If the licensee chooses to apply a specific continuing education course on
the topic of laws and ethics to meet the foregoing requirement, such a course
must meet the content requirements named above, must comply with section
1397.60(c), and may be applied to the 36 hours of approved continuing education
required in Business and Professions Code section 2915(a).
(c)  The Board recognizes and accepts for continuing education credit courses
pursuant to this section. A licensee will earn one hour continuing education
credit for each hour of approved instruction.
(1)  Continuing education courses shall be:
(A)  provided by American Psychological Association (APA), or its approved
sponsors;
(B)  Continuing Medical Education (CME) courses specifically applicable
and pertinent to the practice of psychology and that are accredited by the
California Medical Association (CMA) or the Accreditation Council for
Continuing Medical Education (ACCME); or
(C)  provided by the California Psychological Association, or its approved
sponsors.
(D)  approved by an accrediting agency for continuing education courses
taken prior to January 1, 2013, pursuant to this section as it existed prior to
January 1, 2013.
(2)  Topics and subject matter for all continuing education shall be pertinent
to the practice of psychology. Course or learning material must have a relevance
or direct application to a consumer of psychological services.
(3)  No course may be taken and claimed more than once during a renewal
period, nor during any twelve (12) month period, for continuing education
credit.
(4)  An instructor may claim the course for his/her own credit only one time
that he/she teaches the acceptable course during a renewal cycle, or during any
twelve (12) month period, receiving the same credit hours as the participant.
(d)  Examination Functions. A licensee who serves the Board as a selected
participant in any examination development related function will receive
one hour of continuing education credit for each hour served. Selected Board
experts will receive one hour of continuing education credit for each hour
attending Board sponsored Expert Training Seminars. A licensee who receives
approved continuing education credit as set forth in this paragraph shall
maintain a record of hours served for submission to the Board pursuant to
section 1397.61(e).
(e)  A licensee shall maintain documentation of completion of continuing
education requirements for four (4) years following the renewal period,
and shall submit verification of completion to the Board upon request.
Documentation shall contain the minimum information for review by the
Board: name of provider and evidence that provider meets the requirements of
section 1397.61(c)(1); topic and subject matter; number of hours or units; and
a syllabus or course description. The Board shall make the final determination
as to whether the continuing education submitted for credit meets the
requirements of this article.
(f)  Failure to provide all of the information required by this section renders
any application for renewal incomplete and not eligible for renewal.

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BOARD OF PSYCHOLOGY
NOTE: Authority cited: Sections 2915(g) and 2930, Business and Professions Code. Reference:
Sections 29, 32, 2915 and 2915.7, Business and Professions Code.
History
1. New section filed 2-16-2012; operative 1-1-2013, at which time the previous version of section
1397.61 is inoperative (Register 2012, No. 7).

§ 1397.62.  Continuing Education Exemptions and Exceptions.
[Effective until January 1, 2013.]

Regulations

This section applies to a license that expires on or before December 31,
2012, and becomes inoperative on January 1, 2013.
At the time of making application for renewal of a license, a psychologist
may as provided in this section request an exemption or an exception from all
or part of the continuing education requirements.
(a)  The board shall grant an exemption only if the psychologist verifies in
writing that, during the two year period immediately prior to the expiration
date of the license, he or she:
(1)  Has been residing in another country or state for at least one year
reasonably preventing completion of the continuing education requirements;
or
(2)  Has been engaged in active military service; or
(3)  Has been prevented from completing the continuing education
requirements for reasons of health or other good cause which includes:
(A)  Total physical and/or mental disability of the psychologist for at least
one year; or
(B)  Total physical and/or mental disability of an immediate family member
for at least one year where the psychologist has total responsibility for the care
of that family member.
Verification of a physical disability under subsection (a)(3) shall be by a
licensed physician and surgeon or, in the case of a mental disability, by a
licensed psychologist or a board certified or board eligible psychiatrist.
(b)  An exception to the requirements of Business and Professions Code
section 2915(d) may be granted to licensed psychologists who are not engaged
in the direct delivery of mental health services for whom there is an absence
of available continuing education courses relevant to their specific area of
practice.
(1)  An exception granted pursuant to this subsection means that the board
will accept continuing education courses that are not approved pursuant
to sections 1397.61(d), (e), (f) provided that they are directly related to the
licensee’s specific area of practice and offered by recognized professional
organizations. The board will review the licensee’s area of practice, the subject
matter of the course, and the provider on a case-by-case basis. This exception
does not mean the licensee is exempt from completing the continuing education
required by Business and Professions Code section 2915 and this article.
(2)  Licensees seeking this exception shall provide all necessary information
to enable the board to determine the lack of available approved continuing
education and the relevance of each course to the continuing competence of the
licensee. Such a request shall be submitted in writing and must include a clear
statement as to the relevance of the course to the practice of psychology and

136

the following information:
(A)  Information describing, in detail, the depth and breadth of the content
covered (e.g., a course syllabus and the goals and objectives of the course),
particularly as it relates to the practice of psychology.
(B)  Information that shows the course instructor’s qualifications to teach
the content being taught (e.g., his or her education, training, experience, scope
of practice, licenses held and length of experience and expertise in the relevant
subject matter), particularly as it relates to the practice of psychology.
(C)  Information that shows the course provider’s qualifications to offer
the type of course being offered (e.g., the provider’s background, history,
experience and similar courses previously offered by the provider), particularly
as it relates to the practice of psychology.
(3)  This subsection does not apply to licensees engaged in the direct delivery
of mental health services.
(c)  Psychologists requiring reasonable accommodation according to the
Americans with Disabilities Act may be granted an exemption from the on-site
participation requirement and may substitute all or part of their continuing
education requirement with an American Psychological Association or
accreditation agency approved independent learning continuing education
program. A qualified individual with a disability must apply to the board to
receive this exemption.
(d)  Any licensee who submits a request for an exemption or exception which
is denied by the board shall complete any continuing education requirements
within 120 days of the notification that the request was denied.

NOTE: Authority cited: Sections 2915(g) and 2930, Business and Professions Code. Reference:
Section 2915, Business and Professions Code.
History
1. New section filed 12-29-94; operative 12-29-94 pursuant to Government Code Section 11346.2(d)
(Register 94, No. 52).
2. Amendment of subsection (a) filed 4-30-98; operative 5-30-98 (Register 98, No. 18).
3. Amendment of subsection (e) filed 11-24-99; operative 12-24-99 (Register 99, No. 48).
4. Amendment of section heading and section filed 7-21-2003; operative 8-20-2003 (Register 2003,
No. 30).
5. Amendment of subsection (a)(2) filed 12-10-2004; operative 1-9-2005 (Register 2004, No. 50).
6. Amendment of subsection (c) filed 11-16-2006; operative 12-16-2006 (Register 2006, No. 46).
7. Amendment of section heading and new first paragraph adding sunset provisions filed 2-162012; operative 3-17-2012 (Register 2012, No. 7).
8. Editorial correction of History 7 (Register 2012, No. 10).

§ 1397.62.  Continuing Education Exemptions and Exceptions.
[Effective January 1, 2013.]

This section shall be applicable to a license that expires on or after, or is
reinstated or issued on or after, January 1, 2013.
At the time of making application for renewal of a license, a psychologist
may as provided in this section request an exemption or an exception from all
or part of the continuing education requirements.
(a)  The Board shall grant an exemption only if the psychologist verifies in
writing that, during the two year period immediately prior to the expiration

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BOARD OF PSYCHOLOGY

Regulations

date of the license, he or she:
(1)  Has been engaged in active military service reasonably preventing
completion of the continuing education requirements, except that a licensee
granted an exemption pursuant to this section shall still be required to fulfill
the laws and ethics requirement set forth in section 1397.61(b); or
(2)  Has been prevented from completing the continuing education
requirements for reasons of health or other good cause which includes:
(A)  Total physical and/or mental disability of the psychologist for at least
one year; or
(B)  Total physical and/or mental disability of an immediate family member
for at least one year where the psychologist has total responsibility for the care
of that family member.
Verification of a physical disability under subsection (a)(2) shall be by a
licensed physician and surgeon or, in the case of a mental disability, by a
licensed psychologist or a board certified or board eligible psychiatrist.
(b)  An exception to the requirements of Business and Professions Code
section 2915(d) may be granted to licensed psychologists who are not engaged
in the direct delivery of mental health services for whom there is an absence
of available continuing education courses relevant to their specific area of
practice.
(1)  An exception granted pursuant to this subsection means that the Board
will accept continuing education courses that are not acceptable pursuant
to section 1397.61(c) provided that they are directly related to the licensee’s
specific area of practice and offered by recognized professional organizations.
The Board will review the licensee’s area of practice, the subject matter of the
course, and the provider on a case-by-case basis. This exception does not mean
the licensee is exempt from completing the continuing education required by
Business and Professions Code section 2915 and this article.
(2)  Licensees seeking this exception shall provide all necessary information
to enable the Board to determine the lack of available approved continuing
education and the relevance of each course to the continuing competence of the
licensee. Such a request shall be submitted in writing and must include a clear
statement as to the relevance of the course to the practice of psychology and
the following information:
(A)  Information describing, in detail, the depth and breadth of the content
covered (e.g., a course syllabus and the goals and objectives of the course),
particularly as it relates to the practice of psychology.
(B)  Information that shows the course instructor’s qualifications to teach
the content being taught (e.g., his or her education, training, experience, scope
of practice, licenses held and length of experience and expertise in the relevant
subject matter), particularly as it relates to the practice of psychology.
(C)  Information that shows the course provider’s qualifications to offer
the type of course being offered (e.g., the provider’s background, history,
experience and similar courses previously offered by the provider), particularly
as it relates to the practice of psychology.
(3)  This subsection does not apply to licensees engaged in the direct delivery
of mental health services.
(c)  Psychologists requiring reasonable accommodation according to the

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NOTE: Authority cited: Sections 2915(g) and 2930, Business and Professions Code. Reference:
Section 2915, Business and Professions Code.
History
1. New section filed 2-16-2012; operative 1-1-2013, at which time the previous version of section
1397.62 is inoperative (Register 2012, No. 7).

§ 1397.63.  Hour Value System.

This section applies to a license that expires on or before December 31,
2012, and becomes inoperative on January 1, 2013.
(a)  Licensees will earn one hour continuing education credit for each hour
of approved instruction. One 3-unit academic quarter is equal to 10 hours of
continuing education credit and one 3-unit academic semester is equal to 15
hours of continuing education credit.
(1)  Licensees who serve the Board of Psychology as selected participants
in any examination development related function will receive one hour of
continuing education credit for each hour served. Selected board experts will
receive one hour of continuing education credit for each hour attending Board
of Psychology sponsored Expert Training Seminars. Any licensee who receives
approved continuing education credit as set forth in subsection (b)(1) shall
have his/her credit reported by the board to the board recognized accrediting
agency.
(2)  Licensees who serve as examiners for the Academies of the specialty
boards of the American Board of Professional Psychology (ABPP) will receive
one hour of continuing education credit for each hour served, not to exceed
fours hours each two year renewal period. Any licensee who receives continuing
education credit as set forth in subsection (b)(2) shall submit verification and
the course attendee fee specified in section 1397.68 to the board recognized
accreditation agency.
(c)  An approved instructor may claim the course for his/her own credit
only one time that he/she teaches the approved course during a renewal cycle,
receiving the same credit hours as the participant.
(d)  No course may be taken and claimed more than once during a renewal
period for continuing education credit.

NOTE: Authority cited: Sections 2915(g) and 2930, Business and Professions Code. Reference:
Section 2915, Business and Professions Code.
History
1. New section filed 12-29-94; operative 12-29-94 pursuant to Government Code Section 11346.2(d)
(Register 94, No. 52).
2. Amendment of subsection (b) filed 4-9-96; operative 5-9-96 (Register 96, No. 15).

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Americans with Disabilities Act may be granted an exemption from the on-site
participation requirement and may substitute all or part of their continuing
education requirement with an American Psychological Association or
accreditation agency approved independent learning continuing education
program. A qualified individual with a disability must apply to the Board to
receive this exemption.
(d)  Any licensee who submits a request for an exemption or exception that
is denied by the Board shall complete any continuing education requirements
within 120 days of the notification that the request was denied.

BOARD OF PSYCHOLOGY
3. Redesignation and amendment of former subsection (b) as new subsection (b)(1) and new
subsection (b)(2) filed 4-30-98; operative 5-30-98 (Register 98, No. 18).
4. Amendment of subsection (c) filed 11-24-99; operative 12-24-99 (Register 99, No. 48).
5. Amendment of subsection (b)(1) filed 4-5-2001; operative 5-5-2001 (Register 2001, No. 14).
6. Amendment of subsection (b)(1) filed 12-19-2001 as an emergency; operative 1-1-2002 (Register
2001, No. 51). A Certificate of Compliance must be transmitted to OAL by 5-1-2002 or emergency
language will be repealed by operation of law on the following day.
7. Certificate of Compliance as to 12-19-2001 order transmitted to OAL 1-8-2002 and filed 2-202002 (Register 2002, No. 8).
8. New first paragraph adding sunset provisions filed 2-16-2012; operative 3-17-2012 (Register
2012, No. 7).

Regulations

§ 1397.64.  Accreditation Agencies.

This section applies to a license that expires on or before December 31,
2012, and becomes inoperative on January 1, 2013.
(a)  Upon written application to the board, continuing education accreditation
agencies will be recognized if the board determines that the organization meets
the criteria set forth in section 2915(f) of the code and:
(1)  the organization submits a plan demonstrating that it has the capacity
to evaluate each continuing education provider’s course in accordance with the
following criteria:
(A)  Topics and subject matter shall be pertinent to the practice of psychology.
Courses predominantly focused on business issues, or marketing, or that are
predominantly designed to explore opportunities for personal growth are not
eligible for credit. Course material must have a relevance or direct application
to a consumer of psychological services.
(B)  Each continuing education course shall have written educational goals
and specific learning objectives which are measurable and which serve as a
basis for an evaluation of the effectiveness of the course.
(C)  Instructors shall be competent in the subject matter of the course and
shall be qualified by education, training, experience, scope of practice and
licensure.
(D)  Each continuing education course shall have a syllabus which provides
a general outline of the course.
(E)  When an approved provider works with others on the development,
distribution and/or presentation of a continuing education course (joint
sponsorship), there shall be procedures to identify and document the functions
of each participating party.
(F)  An evaluation mechanism shall be completed by each participant to
evaluate the continuing education course.
(2)  The accreditation agency agrees to perform the following:
(A)  Maintain a list of the names and addresses of the persons designated
as responsible for the provider’s continuing education courses and records.
The accreditation agency shall require that any change in the designated
responsible person’s identity shall be reported to the agency within 30 days of
the effective date of such change.
(B)  Notify the board of names, addresses and responsible party of each
provider and each course on a quarterly basis. Provide without charge to any

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licensee who makes a request, a current list of providers and approved courses.
(C)  Verify attendance of licentiates at specific courses by maintaining a
record of approved continuing education courses completed by licensees. The
record must include the licensees name and license number, and all agency
approved continuing education courses successfully completed by each licensee.
In addition, and for an activity reporting fee paid by the licensee and on forms
acceptable to the agency (see form No. 07M-BOP-15(New 10/94)), incorporate
into licensee’s record all non-agency approved continuing education courses as
defined in sections 1397.61 and 1397.63 of these regulations. The accreditation
agency shall provide a copy of this combined record to the board upon request.
The records must be retrievable by license number.
(D)  Respond to complaints from the board concerning activities of any of
its approved providers or their course(s). Respond to complaints and inquiries
regarding providers, courses, and general continuing education questions
presented by any licensee. The accreditation agency shall provide services to
all licensees without discrimination.
(E)  Audit at least 10% of the continuing education courses approved by the
agency, for compliance with the agency’s requirements and requirements of
the board, and on request, report the findings of such audits to the board.
(F)  Take such action as is necessary to assure that the continuing education
course material offered by its providers meets the continuing education
requirements of the board as defined in sections 1397.64(a)(1) and 1397.65 of
these regulations.
(G)  Establish a procedure for reconsideration of its decision that a provider
or a provider’s course does not meet statutory or regulatory criteria.
(b)  Failure of a recognized accreditation agency to substantially comply with
the provisions as set forth in this article shall constitute cause for revocation
of recognition by the board. Recognition can be revoked only by a formal board
action, after notice and hearing, and for good cause.

NOTE: Authority cited: Sections 2915(g) and 2930, Business and Professions Code. Reference:
Section 2915, Business and Professions Code.
History
1. New section filed 12-29-94; operative 12-29-94 pursuant to Government Code Section 11346.2(d)
(Register 94, No. 52).
2. Amendment of subsections (a)(2)(B) and (a)(2)(D) filed 4-9-96; operative 5-9-96 (Register 96,
No. 15).
3. Amendment of subsection (a)(1)(A) filed 11-24-99; operative 12-24-99 (Register 99, No. 48).
4. Amendment of subsection (a)(1)(A) filed 12-18-2001; operative 1-1-2002 pursuant to
Government Code section 11343.4 (Register 2001, No. 51).
5. Change without regulatory effect amending subsection (a)(2)(F) filed 4-7-2003 pursuant to
section 100, title 1, California Code of Regulations (Register 2003, No. 15).
6. New first paragraph adding sunset provisions filed 2-16-2012; operative 3-17-2012 (Register
2012, No. 7).

§ 1397.65.  Requirements for Approved Providers.

This section applies to a license that expires on or before December 31,
2012, and becomes inoperative on January 1, 2013.
(a)  Providers of continuing education courses in psychology shall apply to

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a board recognized accreditation agency for approval as a provider, and for
approval of each course, prior to offering any such courses.
(b)  (1)  Upon satisfactory completion of the provider requirements of the
accreditation agency, including payment of the appropriate fees and receipt
of written approval therefrom, a continuing education provider may represent
itself as a California approved provider of continuing education courses for
psychologists for one year.
(2)  Upon presentation of satisfactory evidence, organizations approved
by the American Psychological Association (APA) as Sponsors of Continuing
Education for Psychologists will be recognized as California approved providers
of continuing education courses for psychologists during the duration of their
APA approval, and shall be exempt from the annual continuing education
provider fee described in section 1397.68. Such APA providers shall be held to
all other requirements of California approved providers of continuing education
for psychologists except for the individual course review requirement.
(c)  The provider is responsible for assuring the educational quality of its
course material. All continuing education course material shall meet the
standards set forth in section 1397.64(a)(1) of these regulations and shall be:
(1)  approved in advance by an accreditation agency (except for those courses
offered by providers defined in section 1397.61(d), (e) and (f));
(2)  specifically applicable and pertinent to the practice of psychology;
(3)  accurate and timely;
(4)  presented in an organized manner conducive to the learning process;
(5)  complete and objective, and not reflecting predominantly any commercial
views of the provider or presenter or of anyone giving financial assistance to
the provider or presenter;
(6)  based on stated educational goals and objectives; and
(7)  accompanied by a syllabus which contains, at a minimum, the
instructional objectives for each course and a summary containing the main
points of each topic.
(d)  All providers shall furnish a list of course participants, with the
accompanying course attendee fee as required in section 1397.68, to the
accreditation agency, and verification of attendance certificates to all
participants within 45 days of course completion. The list and the certificate
shall contain the name of the licensee and license number, name and number of
the provider, title of the course, number of completed hours, date of completion,
course number, if applicable, and the name of the accreditation agency.
(e)  Every approved provider shall apply to the accreditation agency, on
forms approved by the board (see form No. 07M-BOP-14(New 10/94)), at least
30 days in advance, for each continuing education course offered or presented,
whether for the first time or repeated.
(f)  The approved provider shall be required to maintain attendance
records for three (3) years for each continuing education course. Acceptable
documentation of participation shall include attendance rosters, sign-in and
sign-out sheets, and completed course evaluation forms.
(g)  The approved provider’s course shall be valid for up to one year following
the initial approval provided a notification and activity registration fee is
submitted to the accreditation agency at least 30 days in advance for each time

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the course is offered or presented.
(h)  The approved provider’s advertisements for approved courses shall
clearly indicate the provider’s name, course title, course approval number, the
number of credit hours, and the name of the accrediting agency.
(i)  The approved provider shall have a written policy, available upon
request, which provides information on:
1.  refunds in case of non-attendance
2.  time period for return of fees
3.  notification if course is canceled.
(j)  Providers may not grant partial credit for continuing education
courses. However, conferences, in-service training programs and grand
rounds consisting of a series of presentations may obtain approval for the
entire conference, in-service training program or grand round as one course
wherein credit may be granted to participants separately for each individual
presentation in such courses.
(k)  Provider approval is non-transferable. Approved providers shall
inform the accrediting agency in writing within 30 days of any changes in
organizational structure and/or person(s) responsible for continuing education
program, including name and address changes.
(l)  Providers are responsible for meeting all applicable local, state and
federal standards which include, but are not limited to, the Americans with
Disabilities Act.
(m)  Providers may obtain approval for grand rounds activities for an entire
year with one application provided the staff person responsible for grand
rounds submits to the accreditation agency a general descriptive outline of
grand rounds activities for the year. This outline shall be of sufficient detail
regarding content to be covered in the weekly grand rounds activities to allow
the accreditation agency to determine whether the activities are appropriate
for continuing education credit for licensed psychologists.
NOTE: Authority cited: Sections 2915(g) and 2930, Business and Professions Code. Reference:
Section 2915, Business and Professions Code.
History
1. New section filed 12-29-94; operative 12-29-94 pursuant to Government Code Section 11346.2(d)
(Register 94, No. 52).
2. Amendment of subsections (d) and (j) and new subsection (m) filed 4-9-96; operative 5-9-96
(Register 96, No. 15).
3. Redesignation and amendment of former subsection (b) as new subsection (b)(1), new subsection
(b)(2) and amendment of subsection (h) filed 4-30-98; operative 5-30-98 (Register 98, No. 18).
4. Amendment of subsection (c)(8) filed 11-24-99; operative 12-24-99 (Register 99, No. 48).
5. Amendment of subsections (b)(2), (c)(1) and (c)(6)-(7) and repealer of subsection (c)(8) filed 1218-2001; operative 1-1-2002 pursuant to Government Code section 11343.4 (Register 2001, No. 51).
6. New first paragraph adding sunset provisions filed 2-16-2012; operative 3-17-2012 (Register
2012, No. 7).

§ 1397.66.  Provider Audit Requirements.

This section applies to a license that expires on or before December 31,
2012, and becomes inoperative on January 1, 2013.
Upon written request from the accreditation agency or the board, relating

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to an audit of course material, each approved provider shall submit such
materials as are required by the accreditation agency or the board.

NOTE: Authority cited: Sections 2915(g) and 2930, Business and Professions Code. Reference:
Section 2915, Business and Professions Code.
History
1. New section filed 12-29-94; operative 12-29-94 pursuant to Government Code Section 11346.2(d)
(Register 94, No. 52).
2. Amendment filed 4-9-96; operative 5-9-96 (Register 96, No. 15).
3. New first paragraph adding sunset provisions filed 2-16-2012; operative 3-17-2012 (Register
2012, No. 7).

Regulations

§ 1397.67.  Renewal After Inactive or Delinquent Status. [Effective until January 1, 2013.]

This section applies to a license that expires on or before December 31,
2012, and becomes inoperative on January 1, 2013.
(a)  To activate licenses which have been placed on inactive status pursuant
to section 2988 of the code, the licensee must submit evidence of completion of
the requisite 36 hours of qualifying continuing education courses for the twoyear period prior to establishing the license as active.
(b)  For the renewal of a delinquent psychologist license within three years
of the date of expiration, the applicant for renewal shall provide documentation
of completion of the required hours of continuing education.
After a license has been delinquent for three years, the license is
automatically cancelled and the applicant must submit a complete licensing
application, meet all current licensing requirements, and successfully pass the
licensing examination just as for the initial licensing application unless the
board grants a waiver of the examination pursuant to section 2946 of the code.

NOTE: Authority cited: Sections 2915(g) and 2930, Business and Professions Code. Reference:
Section 2915, 2984, 2986, and 2988, Business and Professions Code.
History
1. New section filed 12-29-94; operative 12-29-94 pursuant to Government Code Section 11346.2(d)
(Register 94, No. 52).
2. Amendment of section and Note filed 4-9-96; operative 5-9-96 (Register 96, No. 15).
3. Amendment of section heading and new first paragraph adding sunset provisions filed 2-162012; operative 3-17-2012 (Register 2012, No. 7).
4. Editorial correction of History 3 (Register 2012, No. 10).

§ 1397.67.  Renewal After Inactive or Delinquent Status. [Effective January 1, 2013.]

This section shall be applicable to a license that expires on or after, or is
reinstated or issued on or after, January 1, 2013.
(a)  To activate a license which has been placed on inactive status pursuant
to section 2988 of the Code, the licensee must submit evidence of completion of
the requisite 36 hours of qualifying continuing education courses for the twoyear period prior to establishing the license as active.
(b)  For the renewal of a delinquent psychologist license within three years
of the date of expiration, the applicant for renewal shall provide evidence of
completion of 36 hours of qualifying continuing education courses for the two-

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year period prior to renewing the license.
After a license has been delinquent for three years, the license is
automatically cancelled and the applicant must submit a complete licensing
application, meet all current licensing requirements, and successfully pass the
licensing examination just as for the initial licensing application unless the
board grants a waiver of the examination pursuant to section 2946 of the Code.

§ 1397.68.  Provider Fees.

This section applies to a license that expires on or before December 31,
2012, and becomes inoperative on January 1, 2013.
(a)  The following fees are established to be paid to an accreditation agency
by the course provider:
(1)  Continuing education annual provider approval fee..........$200
(2)  Continuing education course registration fee ......................$35
(3)  Continuing education conference fee ...................................$100
(4)  Continuing education course attendee fee ......... $7 per licensee
These fees are to be paid by the provider to an accreditation agency as
defined in section 1397.65(b), (d), and (g).

NOTE: Authority cited: Sections 2915(g) and 2930, Business and Professions Code. Reference:
Section 2915, Business and Professions Code.
History
1. New section filed 12-29-94; operative 12-29-94 pursuant to Government Code Section 11346.2(d)
(Register 94, No. 52).
2. Amendment of subsection (a)(3) and new subsection (a)(4) filed 11-24-99; operative 12-24-99
(Register 99, No. 48).
3. New first paragraph adding sunset provisions filed 2-16-2012; operative 3-17-2012 (Register
2012, No. 7).

§ 1397.69.  Participant Fees. [Effective until January 1, 2013.]

This section shall be applicable to a license that expires on or after, or is
reinstated or issued on or after, January 1, 2013.
The following fees are established to be paid by the course participant:
(a)  Participant report recording fee .............................................$35
This fee is to be paid to an accreditation agency to report non-accrediting
agency approved courses taken by the participant as defined in section
1397.61(d), 1397.63(b) and 1397.64(a)(2)(C).

NOTE: Authority cited: Sections 2915(g) and 2930, Business and Professions Code. Reference:
Section 2915, Business and Professions Code.
History
1. New section filed 12-29-94; operative 12-29-94 pursuant to Government Code Section 11346.2(d)
(Register 94, No. 52).
2. Amendment of Form No. 07M-BOP-14 filed 4-30-98; operative 5-30-98 (Register 98, No. 18).
3. Amendment of section heading and new first paragraph adding sunset provisions filed 2-162012; operative 3-17-2012 (Register 2012, No. 7).

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NOTE: Authority cited: Sections 2915(g) and 2930, Business and Professions Code. Reference:
Section 2915, 2984 and 2988, Business and Professions Code.
History
1. New section filed 2-16-2012; operative 1-1-2013, at which time the previous version of section
1397.67 is inoperative (Register 2012, No. 7).

BOARD OF PSYCHOLOGY
4. Editorial correction of History 3 (Register 2012, No. 10).

Regulations

APPENDIX Form 07M-BOP-15.	Non-Accrediting Agency MCEP Credit
Reporting Form.
ACCREDITING AGENCY
Mandatory Continuing Education for
Psychologists (MCEP)
LOGO W/ADDRESS AND PHONE
NON-ACCREDITING AGENCY
MCEP CREDIT REPORTING FORM
This form is used to report courses that are directly authorized for MCEP credit
by law or BOP regulation rather than by a recognized accrediting agency. The
purpose of this report is to integrate MCEP credit from all sources into one
complete record for each psychologist. If you need further assistance with this
report, call the accrediting agency at the number above.
DATE:
Last Name:
First Name:
Address:
Address:
City:
Course/
Date

Psychology License #:
Phone #:
State:
Provider Name

Course Title

Zip:
# of Credit Hrs

Verification must be submitted for each course listed. Licensee must retain
proof of attendance in the event the Board of Psychology requests verification.
If more room is needed to list courses, please attach additional copies of this
form. In order for this report to be processed, the regulated $35 filing fee must
be enclosed.
07M-BOP-15 (New 10/94)

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APPENDIX Form 07M-BOP-14.	Course Application.

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§ 1397.69.  Licensee Fees. [Effective January 1, 2013.]

This section shall be applicable to a license that expires on or after, or is
reinstated or issued on or after, January 1, 2013.
For the administration of this article, in addition to any other fees due the
Board and as a condition of renewal or reinstatement, a $10 fee is to be paid
to the Board by a licensee renewing in an active status or after inactive or
delinquent status.

Regulations

NOTE: Authority cited: Sections 2915(g) and 2930, Business and Professions Code. Reference:
Section 2915(j), Business and Professions Code.
History
1. New section filed 2-16-2012; operative 1-1-2013, at which time the previous version of section
1397.69 is inoperative (Register 2012, No. 7).

§ 1397.70.  Sanctions for Noncompliance. [Effective until January 1, 2013.]

This section applies to a license that expires on or before December 31,
2012, and becomes inoperative on January 1, 2013.
(a)  If documentation of the CE requirement is improper or inadequate, the
license becomes invalid for renewal. The continued practice of psychology is
prohibited while the license is invalid for renewal, and the renewal is forfeited.
Notwithstanding section 2984, the licensee shall correct the deficiency within
six months. If the deficiency is not corrected within six months, the license
remains invalid for renewal. Continued practice without a valid license shall
constitute grounds for appropriate disciplinary action pursuant to sections 148
and/or 2960 of the code.
(b)  Misrepresentation of compliance shall constitute grounds for disciplinary
action.

NOTE: Authority cited: Sections 2915 and 2930, Business and Professions Code. Reference:
Section 2915, Business and Professions Code.
History
1. New section filed 4-9-96; operative 5-9-96 (Register 96, No. 15).
2. Amendment of subsection (a) filed 3-13-97; operative 4-12-97 (Register 97, No. 11).
3. Amendment of section heading and new first paragraph adding sunset provisions filed 2-162012; operative 3-17-2012 (Register 2012, No. 7).
4. Editorial correction of History 3 (Register 2012, No. 10).

§ 1397.70.  Sanctions for Noncompliance. [Effective January 1,
2013.]

This section shall be applicable to a license that expires on or after, or is
reinstated or issued on or after, January 1, 2013.
(a)  If documentation of the continuing education requirement is improper
or inadequate, the license is ineligible for renewal until any deficiency is
corrected, and is subject to citation or discipline. Continued practice without
a valid license shall constitute grounds for appropriate disciplinary action
pursuant to sections 148 and/or 2960 of the Code.
(b)  Misrepresentation of compliance shall constitute grounds for disciplinary
action or denial.
NOTE: Authority cited: Sections 2915 and 2930, Business and Professions Code. Reference:

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Section 2915, Business and Professions Code.
History
1. New section filed 2-16-2012; operative 1-1-2013, at which time the previous version of section
1397.70 is inoperative (Register 2012, No. 7).

This section applies to a license that expires on or before December 31,
2012, and becomes inoperative on January 1, 2013.
(a)  A board recognized accreditation agency may deny, suspend, place on
probation with terms and conditions, or revoke its approval of an applicant or
provider of continuing education for good cause. Good cause includes, but is not
limited to, one or more of the following:
(1)  Conviction of a felony or misdemeanor substantially related to the
activities of an accreditation agency approved provider.
(2)  Failure of an applicant or provider who is a psychologist, psychological
assistant, psychological intern or registered psychologist to comply with any
provisions of the Psychology License Law (Business and Professions Code
Section 2900 et seq.) or the regulations adopted pursuant thereto in Division
13.1 of Title 16 (commencing with section 1380) of the California Code of
Regulations.
(3)  Failure of an applicant or provider, who is a licensee of another healing
arts board, to comply with the statutes and regulations governing that license.
(4)  Making a material misrepresentation of fact in information submitted
to the board recognized accreditation agency or to the board.
(5)  Failure to comply with provisions of the Psychology License Law
(Business and Professions Code Section 2900 et seq.), or the regulations
adopted pursuant thereto in Division 13.1 of Title 16 (commencing with section
1380) of the California Code of Regulations, applicable to continuing education
providers.
(b)  After a thorough case review, if the board recognized accreditation
agency denies, suspends, places on probation with terms or conditions, or
revokes its approval of a provider, it shall give the applicant or provider written
notice setting forth its reasons for the denial, suspension, placing on probation
with terms and conditions, or revocation. The applicant or provider may appeal
the action in writing within fifteen (15) days after receipt of the notice, and
request a hearing before a panel appointed by the recognized accreditation
agency. A suspension or revocation of approval shall be stayed upon the filing
of an appeal. A denial of approval shall not be stayed.
The panel shall consist of three persons who have not been involved in the
determination to deny, suspend or revoke the approval of the applicant or
provider. The panel shall hear the appeal within 60 days of the receipt of the
appeal, and maintain a record of the proceedings. A decision in writing shall be
issued within 30 days of the date of the hearing.
If the appointed panel sustains the denial, placing on probation with terms
and conditions, suspension or revocation, the applicant or provider may appeal
the decision of the panel to a Continuing Education Appeals Committee
(CE Appeals Committee) of the board. The CE Appeals Committee shall be

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§ 1397.71.  Denial, Suspension and Revocation of CE Provider
Status.

BOARD OF PSYCHOLOGY

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appointed by the board’s president and consist of two board members, one
public member and one licensed psychologist member. The appeal must be
filed with the board within seven (7) days after receipt of the panel’s decision.
Upon filing of the appeal, the CE Appeals Committee chairperson shall have
discretion to extend the stay of the suspension or revocation. The hearing of
the CE Appeals Committee shall take place at a date and location established
by the Committee chairperson, the date not to exceed 60 days from the date
of the filing of the appeal. The record of the panel’s hearing shall be made
available to the CE Appeals Committee. The Committee shall issue a written
decision within 30 days of the date of the hearing.
The decision of the CE Appeals Committee is final. An applicant or provider
who has had his or her application or provider status denied or revoked may
not reapply for provider status for a period of one year from the date of the CE
Appeals Committee’s decision.

NOTE: Authority cited: Sections 2915 and 2930, Business and Professions Code. Reference:
Section 2915, Business and Professions Code.
History
1. New section filed 7-6-2001; operative 8-5-2001 (Register 2001, No. 27).
2. New first paragraph adding sunset provisions filed 2-16-2012; operative 3-17-2012 (Register
2012, No. 7).

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EXTRACTED FROM
PENAL CODE
PART 1
Of Crimes and Punishments
TITLE 9
Of Crimes Against the Person Involving Sexual
Assault, and Crimes Against Public Decency and
Good Morals
CHAPTER 1

§ 261.5. Unlawful sexual intercourse with a minor; Misdemeanor or
felony violation; Civil penalties
(a) Unlawful sexual intercourse is an act of sexual intercourse accomplished
with a person who is not the spouse of the perpetrator, if the person is a minor.
For the purposes of this section, a “minor” is a person under the age of 18 years
and an “adult” is a person who is at least 18 years of age.
(b) Any person who engages in an act of unlawful sexual intercourse with a
minor who is not more than three years older or three years younger than the
perpetrator, is guilty of a misdemeanor.
(c) Any person who engages in an act of unlawful sexual intercourse with a
minor who is more than three years younger than the perpetrator is guilty of
either a misdemeanor or a felony, and shall be punished by imprisonment in a
county jail not exceeding one year, or by imprisonment pursuant to subdivision
(h) of Section 1170.
(d) Any person 21 years of age or older who engages in an act of unlawful
sexual intercourse with a minor who is under 16 years of age is guilty of either
a misdemeanor or a felony, and shall be punished by imprisonment in a county
jail not exceeding one year, or by imprisonment pursuant to subdivision (h) of
Section 1170 for two, three, or four years.
(e)(1) Notwithstanding any other provision of this section, an adult who
engages in an act of sexual intercourse with a minor in violation of this section
may be liable for civil penalties in the following amounts:
(A) An adult who engages in an act of unlawful sexual intercourse with a
minor less than two years younger than the adult is liable for a civil penalty
not to exceed two thousand dollars ($2,000).
(B) An adult who engages in an act of unlawful sexual intercourse with a
minor at least two years younger than the adult is liable for a civil penalty not
to exceed five thousand dollars ($5,000).
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(C) An adult who engages in an act of unlawful sexual intercourse with a
minor at least three years younger than the adult is liable for a civil penalty
not to exceed ten thousand dollars ($10,000).
(D) An adult over the age of 21 years who engages in an act of unlawful
sexual intercourse with a minor under 16 years of age is liable for a civil
penalty not to exceed twenty–five thousand dollars ($25,000).
(2) The district attorney may bring actions to recover civil penalties pursuant to this subdivision. From the amounts collected for each case, an amount
equal to the costs of pursuing the action shall be deposited with the treasurer
of the county in which the judgment was entered, and the remainder shall be
deposited in the Underage Pregnancy Prevention Fund, which is hereby
created in the State Treasury. Amounts deposited in the Underage Pregnancy
Prevention Fund may be used only for the purpose of preventing underage
pregnancy upon appropriation by the Legislature.
(3) In addition to any punishment imposed under this section, the judge
may assess a fine not to exceed seventy dollars ($70) against any person who
violates this section with the proceeds of this fine to be used in accordance with
Section 1463.23. The court shall, however, take into consideration the defendant’s ability to pay, and no defendant shall be denied probation because of his
or her inability to pay the fine permitted under this subdivision.
Penal Code

Added Stats 1970 ch 1301 § 2. Amended Stats 1993 ch 596 § 1 (SB 22); Stats 1996 ch 789 § 3 (AB
1490); Stats 1998 ch 925 § 1 (AB 1290); Stats 1999 ch 853 § 10 (SB 832); Stats 2011 ch 15 § 302 (AB
109), effective April 4, 2011, operative October 1, 2011.

CHAPTER 5
Bigamy, Incest, and the Crime Against Nature
§ 288. Lewd or lascivious acts involving children
(a) Except as provided in subdivision (i), any person who willfully and
lewdly commits any lewd or lascivious act, including any of the acts constituting other crimes provided for in Part 1, upon or with the body, or any part or
member thereof, of a child who is under the age of 14 years, with the intent of
arousing, appealing to, or gratifying the lust, passions, or sexual desires of that
person or the child, is guilty of a felony and shall be punished by imprisonment
in the state prison for three, six, or eight years.
(b)(1) Any person who commits an act described in subdivision (a) by use of
force, violence, duress, menace, or fear of immediate and unlawful bodily
injury on the victim or another person, is guilty of a felony and shall be
punished by imprisonment in the state prison for 5, 8, or 10 years.
(2) Any person who is a caretaker and commits an act described in
subdivision (a) upon a dependent person by use of force, violence, duress,
menace, or fear of immediate and unlawful bodily injury on the victim or
another person, with the intent described in subdivision (a), is guilty of a felony
and shall be punished by imprisonment in the state prison for 5, 8, or 10 years.
(c)(1) Any person who commits an act described in subdivision (a) with the
intent described in that subdivision, and the victim is a child of 14 or 15 years,
and that person is at least 10 years older than the child, is guilty of a public
offense and shall be punished by imprisonment in the state prison for one, two,
or three years, or by imprisonment in a county jail for not more than one year.
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In determining whether the person is at least 10 years older than the child, the
difference in age shall be measured from the birth date of the person to the
birth date of the child.
(2) Any person who is a caretaker and commits an act described in
subdivision (a) upon a dependent person, with the intent described in subdivision (a), is guilty of a public offense and shall be punished by imprisonment
in the state prison for one, two, or three years, or by imprisonment in a county
jail for not more than one year.
(d) In any arrest or prosecution under this section or Section 288.5, the
peace officer, district attorney, and the court shall consider the needs of the
child victim or dependent person and shall do whatever is necessary, within
existing budgetary resources, and constitutionally permissible to prevent
psychological harm to the child victim or to prevent psychological harm to the
dependent person victim resulting from participation in the court process.
(e) Upon the conviction of any person for a violation of subdivision (a) or (b),
the court may, in addition to any other penalty or fine imposed, order the
defendant to pay an additional fine not to exceed ten thousand dollars
($10,000). In setting the amount of the fine, the court shall consider any
relevant factors, including, but not limited to, the seriousness and gravity of
the offense, the circumstances of its commission, whether the defendant
derived any economic gain as a result of the crime, and the extent to which the
victim suffered economic losses as a result of the crime. Every fine imposed and
collected under this section shall be deposited in the Victim-Witness Assistance
Fund to be available for appropriation to fund child sexual exploitation and
child sexual abuse victim counseling centers and prevention programs pursuant to Section 13837.
If the court orders a fine imposed pursuant to this subdivision, the actual
administrative cost of collecting that fine, not to exceed 2 percent of the total
amount paid, may be paid into the general fund of the county treasury for the
use and benefit of the county.
(f) For purposes of paragraph (2) of subdivision (b) and paragraph (2) of
subdivision (c), the following definitions apply:
(1) “Caretaker” means an owner, operator, administrator, employee, independent contractor, agent, or volunteer of any of the following public or private
facilities when the facilities provide care for elder or dependent persons:
(A) Twenty-four hour health facilities, as defined in Sections 1250, 1250.2,
and 1250.3 of the Health and Safety Code.
(B) Clinics.
(C) Home health agencies.
(D) Adult day health care centers.
(E) Secondary schools that serve dependent persons and postsecondary
educational institutions that serve dependent persons or elders.
(F) Sheltered workshops.
(G) Camps.
(H) Community care facilities, as defined by Section 1402 of the Health and
Safety Code, and residential care facilities for the elderly, as defined in Section
1569.2 of the Health and Safety Code.
(I) Respite care facilities.
(J) Foster homes.
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(K) Regional centers for persons with developmental disabilities.
(L) A home health agency licensed in accordance with Chapter 8 (commencing with Section 1725) of Division 2 of the Health and Safety Code.
(M) An agency that supplies in-home supportive services.
(N) Board and care facilities.
(O) Any other protective or public assistance agency that provides health
services or social services to elder or dependent persons, including, but not
limited to, in-home supportive services, as defined in Section 14005.14 of the
Welfare and Institutions Code.
(P) Private residences.
(2) “Board and care facilities” means licensed or unlicensed facilities that
provide assistance with one or more of the following activities:
(A) Bathing.
(B) Dressing.
(C) Grooming.
(D) Medication storage.
(E) Medical dispensation.
(F) Money management.
(3) “Dependent person” means any person who has a physical or mental
impairment that substantially restricts his or her ability to carry out normal
activities or to protect his or her rights, including, but not limited to, persons
who have physical or developmental disabilities or whose physical or mental
abilities have significantly diminished because of age. “Dependent person”
includes any person who is admitted as an inpatient to a 24-hour health
facility, as defined in Sections 1250, 1250.2, and 1250.3 of the Health and
Safety Code.
(g) Paragraph (2) of subdivision (b) and paragraph (2) of subdivision (c)
apply to the owners, operators, administrators, employees, independent contractors, agents, or volunteers working at these public or private facilities and
only to the extent that the individuals personally commit, conspire, aid, abet,
or facilitate any act prohibited by paragraph (2) of subdivision (b) and
paragraph (2) of subdivision (c).
(h) Paragraph (2) of subdivision (b) and paragraph (2) of subdivision (c) do
not apply to a caretaker who is a spouse of, or who is in an equivalent domestic
relationship with, the dependent person under care.
(i)(1) Any person convicted of a violation of subdivision (a) shall be imprisoned in the state prison for life with the possibility of parole if the defendant
personally inflicted bodily harm upon the victim.
(2) The penalty provided in this subdivision shall only apply if the fact that
the defendant personally inflicted bodily harm upon the victim is pled and
proved.
(3) As used in this subdivision, “bodily harm” means any substantial
physical injury resulting from the use of force that is more than the force
necessary to commit the offense.
Added Stats 1901 ch 204 § 1. Amended Stats 1933 ch 405 § 1; Stats 1937 ch 545 § 1; Stats 1976 ch
1139 § 177, operative July 1, 1977; Stats 1978 ch 579 § 17; Stats 1979 ch 944 § 6.5; Stats 1981 ch
1064 § 1. Amended Stats 1986 ch 1299 § 4; Stats 1987 ch 1068 § 3; Stats 1988 ch 1398 § 1; Stats
1989 ch 1402 § 3; Stats 1st Ex Sess 1993–94 ch 60 § 1 (AB 29 X), effective November 30, 1994; Stats
1995 ch 890 § 1 (SB 1161); Stats 1998 ch 925 § 2 (AB 1290); Stats 2004 ch 823 § 7 (AB 20); Stats
2010 ch 219 § 7 (AB 1844), effective September 9, 2010.

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CHAPTER 5.5

§ 290. Sex Offender Registration Act; Persons required to register
(a) Sections 290 to 290.024, inclusive, shall be known and may be cited as
the Sex Offender Registration Act. All references to “the Act” in those sections
are to the Sex Offender Registration Act.
(b) Every person described in subdivision (c), for the rest of his or her life
while residing in California, or while attending school or working in California,
as described in Sections 290.002 and 290.01, shall be required to register with
the chief of police of the city in which he or she is residing, or the sheriff of the
county if he or she is residing in an unincorporated area or city that has no
police department, and, additionally, with the chief of police of a campus of the
University of California, the California State University, or community college
if he or she is residing upon the campus or in any of its facilities, within five
working days of coming into, or changing his or her residence within, any city,
county, or city and county, or campus in which he or she temporarily resides,
and shall be required to register thereafter in accordance with the Act.
(c) The following persons shall be required to register:
Any person who, since July 1, 1944, has been or is hereafter convicted in any
court in this state or in any federal or military court of a violation of Section
187 committed in the perpetration, or an attempt to perpetrate, rape or any act
punishable under Section 286, 288, 288a, or 289, Section 207 or 209 committed
with intent to violate Section 261, 286, 288, 288a, or 289, Section 220, except
assault to commit mayhem, subdivision (b) and (c) of Section 236.1, Section
243.4, paragraph (1), (2), (3), (4), or (6) of subdivision (a) of Section 261,
paragraph (1) of subdivision (a) of Section 262 involving the use of force or
violence for which the person is sentenced to the state prison, Section 264.1,
266, or 266c, subdivision (b) of Section 266h, subdivision (b) of Section 266i,
Section 266j, 267, 269, 285, 286, 288, 288a, 288.3, 288.4, 288.5, 288.7, 289, or
311.1, subdivision (b), (c), or (d) of Section 311.2, Section 311.3, 311.4, 311.10,
311.11, or 647.6, former Section 647a, subdivision (c) of Section 653f, subdivision 1 or 2 of Section 314, any offense involving lewd or lascivious conduct
under Section 272, or any felony violation of Section 288.2; any statutory
predecessor that includes all elements of one of the above-mentioned offenses;
or any person who since that date has been or is hereafter convicted of the
attempt or conspiracy to commit any of the above-mentioned offenses.
Added Stats 2007 ch 579 § 8 (SB 172), effective October 13, 2007. Amendment approved by voters,
Prop. 35 § 9, effective November 7, 2012.

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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

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§ 11160. Injuries required to be reported; Method of reporting; Team
reports; Internal procedures
(a) Any health practitioner employed in a health facility, clinic, physician’s
office, local or state public health department, or a clinic or other type of facility
operated by a local or state public health department who, in his or her
professional capacity or within the scope of his or her employment, provides
medical services for a physical condition to a patient whom he or she knows or
reasonably suspects is a person described as follows, shall immediately make
a report in accordance with subdivision (b):
(1) Any person suffering from any wound or other physical injury inflicted
by his or her own act or inflicted by another where the injury is by means of a
firearm.
(2) Any person suffering from any wound or other physical injury inflicted
upon the person where the injury is the result of assaultive or abusive conduct.
(b) Any health practitioner employed in a health facility, clinic, physician’s
office, local or state public health department, or a clinic or other type of facility
operated by a local or state public health department shall make a report
regarding persons described in subdivision (a) to a local law enforcement
agency as follows:
(1) A report by telephone shall be made immediately or as soon as practically possible.
(2) A written report shall be prepared on the standard form developed in
compliance with paragraph (4) of this subdivision, and Section 11160.2, and
adopted by the Office of Emergency Services, or on a form developed and
adopted by another state agency that otherwise fulfills the requirements of the
standard form. The completed form shall be sent to a local law enforcement
agency within two working days of receiving the information regarding the
person.
(3) A local law enforcement agency shall be notified and a written report
shall be prepared and sent pursuant to paragraphs (1) and (2) even if the
person who suffered the wound, other injury, or assaultive or abusive conduct
has expired, regardless of whether or not the wound, other injury, or assaultive
or abusive conduct was a factor contributing to the death, and even if the
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evidence of the conduct of the perpetrator of the wound, other injury, or
assaultive or abusive conduct was discovered during an autopsy.
(4) The report shall include, but shall not be limited to, the following:
(A) The name of the injured person, if known.
(B) The injured person’s whereabouts.
(C) The character and extent of the person’s injuries.
(D) The identity of any person the injured person alleges inflicted the
wound, other injury, or assaultive or abusive conduct upon the injured person.
(c) For the purposes of this section, “injury” shall not include any psychological or physical condition brought about solely through the voluntary
administration of a narcotic or restricted dangerous drug.
(d) For the purposes of this section, “assaultive or abusive conduct” shall
include any of the following offenses:
(1) Murder, in violation of Section 187.
(2) Manslaughter, in violation of Section 192 or 192.5.
(3) Mayhem, in violation of Section 203.
(4) Aggravated mayhem, in violation of Section 205.
(5) Torture, in violation of Section 206.
(6) Assault with intent to commit mayhem, rape, sodomy, or oral copulation,
in violation of Section 220.
(7) Administering controlled substances or anesthetic to aid in commission
of a felony, in violation of Section 222.
(8) Battery, in violation of Section 242.
(9) Sexual battery, in violation of Section 243.4.
(10) Incest, in violation of Section 285.
(11) Throwing any vitriol, corrosive acid, or caustic chemical with intent to
injure or disfigure, in violation of Section 244.
(12) Assault with a stun gun or taser, in violation of Section 244.5.
(13) Assault with a deadly weapon, firearm, assault weapon, or machinegun, or by means likely to produce great bodily injury, in violation of Section
245.
(14) Rape, in violation of Section 261.
(15) Spousal rape, in violation of Section 262.
(16) Procuring any female to have sex with another man, in violation of
Section 266, 266a, 266b, or 266c.
(17) Child abuse or endangerment, in violation of Section 273a or 273d.
(18) Abuse of spouse or cohabitant, in violation of Section 273.5.
(19) Sodomy, in violation of Section 286.
(20) Lewd and lascivious acts with a child, in violation of Section 288.
(21) Oral copulation, in violation of Section 288a.
(22) Sexual penetration, in violation of Section 289.
(23) Elder abuse, in violation of Section 368.
(24) An attempt to commit any crime specified in paragraphs (1) to (23),
inclusive.
(e) When two or more persons who are required to report are present and
jointly have knowledge of a known or suspected instance of violence that is
required to be reported pursuant to this section, and when there is an
agreement among these persons to report as a team, the team may select by
mutual agreement a member of the team to make a report by telephone and a
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single written report, as required by subdivision (b). The written report shall
be signed by the selected member of the reporting team. Any member who has
knowledge that the member designated to report has failed to do so shall
thereafter make the report.
(f) The reporting duties under this section are individual, except as provided
in subdivision (e).
(g) No supervisor or administrator shall impede or inhibit the reporting
duties required under this section and no person making a report pursuant to
this section shall be subject to any sanction for making the report. However,
internal procedures to facilitate reporting and apprise supervisors and administrators of reports may be established, except that these procedures shall not
be inconsistent with this article. The internal procedures shall not require any
employee required to make a report under this article to disclose his or her
identity to the employer.
(h) For the purposes of this section, it is the Legislature’s intent to avoid
duplication of information.
Added Stats 1993 ch 992 § 3 (AB 1652). Amended Stats 1st Ex Sess 1993–94 ch 19 § 2 (AB 74X),
effective November 30, 1994; Stats 2000 ch 287 § 20 (SB 1955); Stats 2002 ch 249 § 2 (SB 580); Stats
2003 ch 229 § 15 (AB 1757); Stats 2010 ch 618 § 206 (AB 2791), effective January 1, 2011; Stats 2013
ch 352 § 418 (AB 1317), effective September 26, 2013, operative July 1, 2013.

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§ 11161. Report by physician or surgeon; Medical records; Referrals
Notwithstanding Section 11160, the following shall apply to every physician
or surgeon who has under his or her charge or care any person described in
subdivision (a) of Section 11160:
(a) The physician or surgeon shall make a report in accordance with
subdivision (b) of Section 11160 to a local law enforcement agency.
(b) It is recommended that any medical records of a person about whom the
physician or surgeon is required to report pursuant to subdivision (a) include
the following:
(1) Any comments by the injured person regarding past domestic violence,
as defined in Section 13700, or regarding the name of any person suspected of
inflicting the wound, other physical injury, or assaultive or abusive conduct
upon the person.
(2) A map of the injured person’s body showing and identifying injuries and
bruises at the time of the health care.
(3) A copy of the law enforcement reporting form.
(c) It is recommended that the physician or surgeon refer the person to local
domestic violence services if the person is suffering or suspected of suffering
from domestic violence, as defined in Section 13700.
Added Stats 1993 ch 992 § 5 (AB 1652).

§ 11161.9. Immunity from liability
(a) A health practitioner who makes a report in accordance with this article
shall not incur civil or criminal liability as a result of any report required or
authorized by this article.
(b)(1) No person required or authorized to report pursuant to this article, or
designated by a person required or authorized to report pursuant to this
article, who takes photographs of a person suspected of being a person
described in this article about whom a report is required or authorized shall
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incur any civil or criminal liability for taking the photographs, causing the
photographs to be taken, or disseminating the photographs to local law
enforcement with the reports required by this article in accordance with this
article. However, this subdivision shall not be deemed to grant immunity from
civil or criminal liability with respect to any other use of the photographs.
(2) A court may award attorney’s fees to a commercial film and photographic
print processor when a suit is brought against the processor because of a
disclosure mandated by this article and the court finds that the suit is
frivolous.
(c) A health practitioner who, pursuant to a request from an adult protective
services agency or a local law enforcement agency, provides the requesting
agency with access to the victim of a known or suspected instance of abuse
shall not incur civil or criminal liability as a result of providing that access.
(d) No employee shall be discharged, suspended, disciplined, or harassed for
making a report pursuant to this section.
(e) This section does not apply to mandated reporting of child abuse, as
provided for in Article 2.5 (commencing with Section 11164).
§ 11162. Violation of article; Punishment
A violation of this article is a misdemeanor, punishable by imprisonment in
a county jail not exceeding six months, or by a fine not exceeding one thousand
dollars ($1,000), or by both that fine and imprisonment.
Added Stats 1953 ch 34 § 1. Amended Stats 1993 ch 992 § 7 (AB 1652).

§ 11162.5. Definitions
As used in this article, the following definitions shall apply:
(a) “Health practitioner” has the same meaning as provided in paragraphs
(21) to (28), inclusive, of subdivision (a) of Section 11165.7.
(b) “Clinic” is limited to include any clinic specified in Sections 1204 and
1204.3 of the Health and Safety Code.
(c) “Health facility” has the same meaning as provided in Section 1250 of the
Health and Safety Code.
(d) “Reasonably suspects” means that it is objectively reasonable for a
person to entertain a suspicion, based upon facts that could cause a reasonable
person in a like position, drawing, when appropriate, on his or her training and
experience, to suspect.
Added Stats 1993 ch 992 § 8 (AB 1652). Amended Stats 2006 ch 701 § 1 (AB 525), effective January
1, 2007.

§ 11163. Claim for attorney’s fees incurred in action based on reporting
(a) The Legislature finds and declares that even though the Legislature has
provided for immunity from liability, pursuant to Section 11161.9, for persons
required or authorized to report pursuant to this article, that immunity does
not eliminate the possibility that actions may be brought against those persons
based upon required reports of abuse pursuant to other laws.
In order to further limit the financial hardship that those persons may incur
as a result of fulfilling their legal responsibility, it is necessary that they not be
unfairly burdened by legal fees incurred in defending those actions.
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Added Stats 1993 ch 992 § 6 (AB 1652).

BOARD OF PSYCHOLOGY
(b)(1) Therefore, a health practitioner may present a claim to the California
Victim Compensation and Government Claims Board for reasonable attorney’s
fees incurred in any action against that person on the basis of that person
reporting in accordance with this article if the court dismisses the action upon
a demurrer or motion for summary judgment made by that person or if that
person prevails in the action.
(2) The California Victim Compensation and Government Claims Board
shall allow the claim pursuant to paragraph (1) if the requirements of
paragraph (1) are met, and the claim shall be paid from an appropriation to be
made for that purpose. Attorney’s fees awarded pursuant to this section shall
not exceed an hourly rate greater than the rate charged by the Attorney
General at the time the award is made and shall not exceed an aggregate
amount of fifty thousand dollars ($50,000).
(3) This subdivision shall not apply if a public entity has provided for the
defense of the action pursuant to Section 995 of the Government Code.
Added Stats 1993 ch 992 § 10 (AB 1652). Amended Stats 2006 ch 538 § 524 (SB 1852), effective
January 1, 2007.

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§ 11163.2. Application of privileges; Confidentiality of reports
(a) In any court proceeding or administrative hearing, neither the physician–patient privilege nor the psychotherapist privilege applies to the information required to be reported pursuant to this article.
(b) The reports required by this article shall be kept confidential by the
health facility, clinic, or physician’s office that submitted the report, and by
local law enforcement agencies, and shall only be disclosed by local law
enforcement agencies to those involved in the investigation of the report or the
enforcement of a criminal law implicated by a report. In no case shall the
person suspected or accused of inflicting the wound, other injury, or assaultive
or abusive conduct upon the injured person or his or her attorney be allowed
access to the injured person’s whereabouts.
(c) For the purposes of this article, reports of suspected child abuse and
information contained therein may be disclosed only to persons or agencies
with whom investigations of child abuse are coordinated under the regulations
promulgated under Section 11174.
(d) The Board of Prison Terms may subpoena reports that are not unfounded and reports that concern only the current incidents upon which parole
revocation proceedings are pending against a parolee.
Added Stats 1993 ch 992 § 11 (AB 1652).

ARTICLE 2.5
Child Abuse and Neglect Reporting Act
§ 11164. Citation of article; Intent
(a) This article shall be known and may be cited as the Child Abuse and
Neglect Reporting Act.
(b) The intent and purpose of this article is to protect children from abuse
and neglect. In any investigation of suspected child abuse or neglect, all
persons participating in the investigation of the case shall consider the needs
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of the child victim and shall do whatever is necessary to prevent psychological
harm to the child victim.
Added Stats 1987 ch 1444 § 1.5. Amended Stats 2000 ch 916 § 1 (AB 1241).

§ 11165. “Child”
As used in this article “child” means a person under the age of 18 years.
§ 11165.1. “Sexual abuse”; “Sexual assault”; “Sexual exploitation”
As used in this article, “sexual abuse” means sexual assault or sexual
exploitation as defined by the following:
(a) “Sexual assault” means conduct in violation of one or more of the
following sections: Section 261 (rape), subdivision (d) of Section 261.5 (statutory rape), 264.1 (rape in concert), 285 (incest), 286 (sodomy), subdivision (a) or
(b), or paragraph (1) of subdivision (c) of Section 288 (lewd or lascivious acts
upon a child), 288a (oral copulation), 289 (sexual penetration), or 647.6 (child
molestation).
(b) Conduct described as “sexual assault” includes, but is not limited to, all
of the following:
(1) Penetration, however slight, of the vagina or anal opening of one person
by the penis of another person, whether or not there is the emission of semen.
(2) Sexual contact between the genitals or anal opening of one person and
the mouth or tongue of another person.
(3) Intrusion by one person into the genitals or anal opening of another
person, including the use of an object for this purpose, except that, it does not
include acts performed for a valid medical purpose.
(4) The intentional touching of the genitals or intimate parts, including the
breasts, genital area, groin, inner thighs, and buttocks, or the clothing covering
them, of a child, or of the perpetrator by a child, for purposes of sexual arousal
or gratification, except that it does not include acts which may reasonably be
construed to be normal caretaker responsibilities; interactions with, or demonstrations of affection for, the child; or acts performed for a valid medical
purpose.
(5) The intentional masturbation of the perpetrator’s genitals in the presence of a child.
(c) “Sexual exploitation” refers to any of the following:
(1) Conduct involving matter depicting a minor engaged in obscene acts in
violation of Section 311.2 (preparing, selling, or distributing obscene matter) or
subdivision (a) of Section 311.4 (employment of minor to perform obscene acts).
(2) A person who knowingly promotes, aids, or assists, employs, uses,
persuades, induces, or coerces a child, or a person responsible for a child’s
welfare, who knowingly permits or encourages a child to engage in, or assist
others to engage in, prostitution or a live performance involving obscene sexual
conduct, or to either pose or model alone or with others for purposes of
preparing a film, photograph, negative, slide, drawing, painting, or other
pictorial depiction, involving obscene sexual conduct. For the purpose of this
section, “person responsible for a child’s welfare” means a parent, guardian,
foster parent, or a licensed administrator or employee of a public or private
residential home, residential school, or other residential institution.
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Added Stats 1987 ch 1459 § 2.

BOARD OF PSYCHOLOGY
(3) A person who depicts a child in, or who knowingly develops, duplicates,
prints, downloads, streams, accesses through any electronic or digital media,
or exchanges, a film, photograph, videotape, video recording, negative, or slide
in which a child is engaged in an act of obscene sexual conduct, except for those
activities by law enforcement and prosecution agencies and other persons
described in subdivisions (c) and (e) of Section 311.3.
Added Stats 1987 ch 1459 § 5. Amended Stats 1997 ch 83 § 1 (AB 327); Stats 2000 ch 287 § 21 (SB
1955); Stats 2014 ch 264 § 1 (AB 1775), effective January 1, 2015.

Penal Code

§ 11165.2. “Neglect”; “Severe neglect”; “General neglect”
As used in this article, “neglect” means the negligent treatment or the
maltreatment of a child by a person responsible for the child’s welfare under
circumstances indicating harm or threatened harm to the child’s health or
welfare. The term includes both acts and omissions on the part of the
responsible person.
(a) “Severe neglect” means the negligent failure of a person having the care
or custody of a child to protect the child from severe malnutrition or medically
diagnosed nonorganic failure to thrive. “Severe neglect” also means those
situations of neglect where any person having the care or custody of a child
willfully causes or permits the person or health of the child to be placed in a
situation such that his or her person or health is endangered, as proscribed by
Section 11165.3, including the intentional failure to provide adequate food,
clothing, shelter, or medical care.
(b) “General neglect” means the negligent failure of a person having the care
or custody of a child to provide adequate food, clothing, shelter, medical care,
or supervision where no physical injury to the child has occurred.
For the purposes of this chapter, a child receiving treatment by spiritual
means as provided in Section 16509.1 of the Welfare and Institutions Code or
not receiving specified medical treatment for religious reasons, shall not for
that reason alone be considered a neglected child. An informed and appropriate
medical decision made by parent or guardian after consultation with a
physician or physicians who have examined the minor does not constitute
neglect.
Added Stats 1987 ch 1459 § 7.

§ 11165.3. “Willful harming or injuring of a child or the endangering
of the person or health of a child”
As used in this article, “the willful harming or injuring of a child or the
endangering of the person or health of a child,” means a situation in which any
person willfully causes or permits any child to suffer, or inflicts thereon,
unjustifiable physical pain or mental suffering, or having the care or custody of
any child, willfully causes or permits the person or health of the child to be
placed in a situation in which his or her person or health is endangered.
Added Stats 1987 ch 1459 § 9. Amended Stats 2004 ch 842 § 1 (SB 1313).

§ 11165.4. “Unlawful corporal punishment or injury”
As used in this article, “unlawful corporal punishment or injury” means a
situation where any person willfully inflicts upon any child any cruel or
inhuman corporal punishment or injury resulting in a traumatic condition. It
does not include an amount of force that is reasonable and necessary for a
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person employed by or engaged in a public school to quell a disturbance
threatening physical injury to person or damage to property, for purposes of
self–defense, or to obtain possession of weapons or other dangerous objects
within the control of the pupil, as authorized by Section 49001 of the Education
Code. It also does not include the exercise of the degree of physical control
authorized by Section 44807 of the Education Code. It also does not include an
injury caused by reasonable and necessary force used by a peace officer acting
within the course and scope of his or her employment as a peace officer.
§ 11165.5. “Abuse or neglect in out–of–home care”
As used in this article, the term “abuse or neglect in out-of-home care”
includes physical injury or death inflicted upon a child by another person by
other than accidental means, sexual abuse as defined in Section 11165.1,
neglect as defined in Section 11165.2, unlawful corporal punishment or injury
as defined in Section 11165.4, or the willful harming or injuring of a child or the
endangering of the person or health of a child, as defined in Section 11165.3,
where the person responsible for the child’s welfare is a licensee, administrator, or employee of any facility licensed to care for children, or an administrator
or employee of a public or private school or other institution or agency. “Abuse
or neglect in out-of-home care” does not include an injury caused by reasonable
and necessary force used by a peace officer acting within the course and scope
of his or her employment as a peace officer.
Added Stats 1987 ch 1459 § 12. Amended Stats 1988 ch 39 § 2; Stats 1993 ch 346 § 2 (AB 331); Stats
2000 ch 916 § 2 (AB 1241); Stats 2001 ch 133 § 1 (AB 102), effective July 31, 2001; Stats 2004 ch 842
§ 3 (SB 1313); Stats 2007 ch 393 § 1 (AB 673), effective January 1, 2008.

§ 11165.6. “Child abuse or neglect”
As used in this article, the term “child abuse or neglect” includes physical
injury or death inflicted by other than accidental means upon a child by
another person, sexual abuse as defined in Section 11165.1, neglect as defined
in Section 11165.2, the willful harming or injuring of a child or the endangering
of the person or health of a child, as defined in Section 11165.3, and unlawful
corporal punishment or injury as defined in Section 11165.4. “Child abuse or
neglect” does not include a mutual affray between minors. “Child abuse or
neglect” does not include an injury caused by reasonable and necessary force
used by a peace officer acting within the course and scope of his or her
employment as a peace officer.
Added Stats 2000 ch 916 § 4 (AB 1241). Amended Stats 2001 ch 133 § 2 (AB 102), effective July 31,
2001; Stats 2004 ch 842 § 4 (SB 1313); Stats 2007 ch 393 § 2 (AB 673), effective January 1, 2008.

§ 11165.7. “Mandated reporter”; Training
(a) As used in this article, “mandated reporter” is defined as any of the
following:
(1) A teacher.
(2) An instructional aide.
(3) A teacher’s aide or teacher’s assistant employed by a public or private
school.
(4) A classified employee of a public school.
(5) An administrative officer or supervisor of child welfare and attendance,
or a certificated pupil personnel employee of a public or private school.
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Added Stats 1987 ch 1459 § 10. Amended Stats 1988 ch 39 § 1; Stats 1993 ch 346 § 1 (AB 331).

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(6) An administrator of a public or private day camp.
(7) An administrator or employee of a public or private youth center, youth
recreation program, or youth organization.
(8) An administrator or employee of a public or private organization whose
duties require direct contact and supervision of children.
(9) An employee of a county office of education or the State Department of
Education whose duties bring the employee into contact with children on a
regular basis.
(10) A licensee, an administrator, or an employee of a licensed community
care or child day care facility.
(11) A Head Start program teacher.
(12) A licensing worker or licensing evaluator employed by a licensing
agency, as defined in Section 11165.11.
(13) A public assistance worker.
(14) An employee of a child care institution, including, but not limited to,
foster parents, group home personnel, and personnel of residential care
facilities.
(15) A social worker, probation officer, or parole officer.
(16) An employee of a school district police or security department.
(17) A person who is an administrator or presenter of, or a counselor in, a
child abuse prevention program in a public or private school.
(18) A district attorney investigator, inspector, or local child support agency
caseworker, unless the investigator, inspector, or caseworker is working with
an attorney appointed pursuant to Section 317 of the Welfare and Institutions
Code to represent a minor.
(19) A peace officer, as defined in Chapter 4.5 (commencing with Section
830) of Title 3 of Part 2, who is not otherwise described in this section.
(20) A firefighter, except for volunteer firefighters.
(21) A physician and surgeon, psychiatrist, psychologist, dentist, resident,
intern, podiatrist, chiropractor, licensed nurse, dental hygienist, optometrist,
marriage and family therapist, clinical social worker, professional clinical
counselor, or any other person who is currently licensed under Division 2
(commencing with Section 500) of the Business and Professions Code.
(22) An emergency medical technician I or II, paramedic, or other person
certified pursuant to Division 2.5 (commencing with Section 1797) of the
Health and Safety Code.
(23) A psychological assistant registered pursuant to Section 2913 of the
Business and Professions Code.
(24) A marriage and family therapist trainee, as defined in subdivision (c) of
Section 4980.03 of the Business and Professions Code.
(25) An unlicensed marriage and family therapist intern registered under
Section 4980.44 of the Business and Professions Code.
(26) A state or county public health employee who treats a minor for
venereal disease or any other condition.
(27) A coroner.
(28) A medical examiner or other person who performs autopsies.
(29) A commercial film and photographic print or image processor as
specified in subdivision (e) of Section 11166. As used in this article, “commercial film and photographic print or image processor” means a person who
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develops exposed photographic film into negatives, slides, or prints, or who
makes prints from negatives or slides, or who prepares, publishes, produces,
develops, duplicates, or prints any representation of information, data, or an
image, including, but not limited to, any film, filmstrip, photograph, negative,
slide, photocopy, videotape, video laser disc, computer hardware, computer
software, computer floppy disk, data storage medium, CD-ROM, computergenerated equipment, or computer-generated image, for compensation. The
term includes any employee of that person; it does not include a person who
develops film or makes prints or images for a public agency.
(30) A child visitation monitor. As used in this article, “child visitation
monitor” means a person who, for financial compensation, acts as a monitor of
a visit between a child and another person when the monitoring of that visit
has been ordered by a court of law.
(31) An animal control officer or humane society officer. For the purposes of
this article, the following terms have the following meanings:
(A) “Animal control officer” means a person employed by a city, county, or
city and county for the purpose of enforcing animal control laws or regulations.
(B) “Humane society officer” means a person appointed or employed by a
public or private entity as a humane officer who is qualified pursuant to
Section 14502 or 14503 of the Corporations Code.
(32) A clergy member, as specified in subdivision (d) of Section 11166. As
used in this article, “clergy member” means a priest, minister, rabbi, religious
practitioner, or similar functionary of a church, temple, or recognized denomination or organization.
(33) Any custodian of records of a clergy member, as specified in this section
and subdivision (d) of Section 11166.
(34) An employee of any police department, county sheriff’s department,
county probation department, or county welfare department.
(35) An employee or volunteer of a Court Appointed Special Advocate
program, as defined in Rule 5.655 of the California Rules of Court.
(36) A custodial officer, as defined in Section 831.5.
(37) A person providing services to a minor child under Section 12300 or
12300.1 of the Welfare and Institutions Code.
(38) An alcohol and drug counselor. As used in this article, an “alcohol and
drug counselor” is a person providing counseling, therapy, or other clinical
services for a state licensed or certified drug, alcohol, or drug and alcohol
treatment program. However, alcohol or drug abuse, or both alcohol and drug
abuse, is not, in and of itself, a sufficient basis for reporting child abuse or
neglect.
(39) A clinical counselor trainee, as defined in subdivision (g) of Section
4999.12 of the Business and Professions Code.
(40) A clinical counselor intern registered under Section 4999.42 of the
Business and Professions Code.
(41) An employee or administrator of a public or private postsecondary
educational institution, whose duties bring the administrator or employee into
contact with children on a regular basis, or who supervises those whose duties
bring the administrator or employee into contact with children on a regular
basis, as to child abuse or neglect occurring on that institution’s premises or at
an official activity of, or program conducted by, the institution. Nothing in this
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paragraph shall be construed as altering the lawyer-client privilege as set forth
in Article 3 (commencing with Section 950) of Chapter 4 of Division 8 of the
Evidence Code.
(42) An athletic coach, athletic administrator, or athletic director employed
by any public or private school that provides any combination of instruction for
kindergarten, or grades 1 to 12, inclusive.
(43)(A) A commercial computer technician as specified in subdivision (e) of
Section 11166. As used in this article, “commercial computer technician” means
a person who works for a company that is in the business of repairing,
installing, or otherwise servicing a computer or computer component, including, but not limited to, a computer part, device, memory storage or recording
mechanism, auxiliary storage recording or memory capacity, or any other
material relating to the operation and maintenance of a computer or computer
network system, for a fee. An employer who provides an electronic communications service or a remote computing service to the public shall be deemed to
comply with this article if that employer complies with Section 2258A of Title
18 of the United States Code.
(B) An employer of a commercial computer technician may implement
internal procedures for facilitating reporting consistent with this article. These
procedures may direct employees who are mandated reporters under this
paragraph to report materials described in subdivision (e) of Section 11166 to
an employee who is designated by the employer to receive the reports. An
employee who is designated to receive reports under this subparagraph shall
be a commercial computer technician for purposes of this article. A commercial
computer technician who makes a report to the designated employee pursuant
to this subparagraph shall be deemed to have complied with the requirements
of this article and shall be subject to the protections afforded to mandated
reporters, including, but not limited to, those protections afforded by Section
11172.
(44) Any athletic coach, including, but not limited to, an assistant coach or
a graduate assistant involved in coaching, at public or private postsecondary
educational institutions.
(b) Except as provided in paragraph (35) of subdivision (a), volunteers of
public or private organizations whose duties require direct contact with and
supervision of children are not mandated reporters but are encouraged to
obtain training in the identification and reporting of child abuse and neglect
and are further encouraged to report known or suspected instances of child
abuse or neglect to an agency specified in Section 11165.9.
(c) Except as provided in subdivision (d), employers are strongly encouraged
to provide their employees who are mandated reporters with training in the
duties imposed by this article. This training shall include training in child
abuse and neglect identification and training in child abuse and neglect
reporting. Whether or not employers provide their employees with training in
child abuse and neglect identification and reporting, the employers shall
provide their employees who are mandated reporters with the statement
required pursuant to subdivision (a) of Section 11166.5.
(d) Pursuant to Section 44691 of the Education Code, school districts,
county offices of education, state special schools and diagnostic centers
operated by the State Department of Education, and charter schools shall
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annually train their employees and persons working on their behalf specified
in subdivision (a) in the duties of mandated reporters under the child abuse
reporting laws. The training shall include, but not necessarily be limited to,
training in child abuse and neglect identification and child abuse and neglect
reporting.
(e) Unless otherwise specifically provided, the absence of training shall not
excuse a mandated reporter from the duties imposed by this article.
(f) Public and private organizations are encouraged to provide their volunteers whose duties require direct contact with and supervision of children with
training in the identification and reporting of child abuse and neglect.

§ 11165.9. Reports to authorities
Reports of suspected child abuse or neglect shall be made by mandated
reporters, or in the case of reports pursuant to Section 11166.05, may be made,
to any police department or sheriff’s department, not including a school district
police or security department, county probation department, if designated by
the county to receive mandated reports, or the county welfare department. Any
of those agencies shall accept a report of suspected child abuse or neglect
whether offered by a mandated reporter or another person, or referred by
another agency, even if the agency to whom the report is being made lacks
subject matter or geographical jurisdiction to investigate the reported case,
unless the agency can immediately electronically transfer the call to an agency
with proper jurisdiction. When an agency takes a report about a case of
suspected child abuse or neglect in which that agency lacks jurisdiction, the
agency shall immediately refer the case by telephone, fax, or electronic
transmission to an agency with proper jurisdiction. Agencies that are required
to receive reports of suspected child abuse or neglect may not refuse to accept
a report of suspected child abuse or neglect from a mandated reporter or
another person unless otherwise authorized pursuant to this section, and shall
maintain a record of all reports received.
Added Stats 2000 ch 916 § 8 (AB 1241). Amended Stats 2001 ch 133 § 4 (AB 102), effective July 31,
2001; Stats 2005 ch 713 § 2 (AB 776), effective January 1, 2006; Stats 2006 ch 701 § 2 (AB 525),
effective January 1, 2007.

§ 11165.11. “Licensing agency”
As used in this article, “licensing agency” means the State Department of
Social Services office responsible for the licensing and enforcement of the
California Community Care Facilities Act (Chapter 3 (commencing with
Section 1500) of Division 2 of the Health and Safety Code), the California Child
Day Care Act (Chapter 3.4 (commencing with Section 1596.70) of Division 2 of
the Health and Safety Code), and Chapter 3.5 (commencing with Section
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Added Stats 1987 ch 1459 § 14. Amended Stats 1991 ch 132 § 1 (AB 1133); Stats 1992 ch 459 § 1 (SB
1695); Stats 2000 ch 916 § 5 (AB 1241); Stats 2001 ch 133 § 3 (AB 102), effective July 31, 2001, ch
754 § 4 (AB 1697); Stats 2002 ch 927 § 10.7 (AB 3032), ch 936 § 1 (AB 299), effective September 27,
2002; Stats 2003 ch 122 § 1 (SB 316); Stats 2004 ch 762 § 1 (AB 2531), ch 842 § 5.5 (SB 1313); Stats
2006 ch 901 § 9.5 (SB 1422), effective January 1, 2007; Stats 2008 ch 456 § 1 (AB 2337), effective
January 1, 2009; Stats 2011 ch 381 § 41 (SB 146), effective January 1, 2012; Stats 2012 ch 162 § 136
(SB 1171), effective January 1, 2013, ch 517 § 1 (AB 1713), effective January 1, 2013, ch 518 § 1 (SB
1264), effective January 1, 2013, ch 519 § 1 (AB 1434), effective January 1, 2013, ch 520 § 1 (AB
1435), effective January 1, 2013, ch 521 § 1.15 (AB 1817), effective January 1, 2013 (ch 521 prevails);
Stats 2013 ch 76 § 164 (AB 383), effective January 1, 2014; Stats 2014 ch 797 § 4 (AB 1432), effective
January 1, 2015.

BOARD OF PSYCHOLOGY
1596.90) of Division 2 of the Health and Safety Code), or the county licensing
agency which has contracted with the state for performance of those duties.
Added Stats 1987 ch 1459 § 18.

§ 11165.12. Definitions relating to reports
As used in this article, the following definitions shall control:
(a) “Unfounded report” means a report that is determined by the investigator who conducted the investigation to be false, to be inherently improbable, to
involve an accidental injury, or not to constitute child abuse or neglect, as
defined in Section 11165.6.
(b) “Substantiated report” means a report that is determined by the investigator who conducted the investigation to constitute child abuse or neglect, as
defined in Section 11165.6, based upon evidence that makes it more likely than
not that child abuse or neglect, as defined, occurred. A substantiated report
shall not include a report where the investigator who conducted the investigation found the report to be false, inherently improbable, to involve an
accidental injury, or to not constitute child abuse or neglect as defined in
Section 11165.6.
(c) “Inconclusive report” means a report that is determined by the investigator who conducted the investigation not to be unfounded, but the findings
are inconclusive and there is insufficient evidence to determine whether child
abuse or neglect, as defined in Section 11165.6, has occurred.
Penal Code

Added Stats 1987 ch 1459 § 19. Amended Stats 1990 ch 1330 § 1 (SB 2788); Stats 1997 ch 842 § 2
(SB 644); Stats 2000 ch 916 § 10 (AB 1241); Stats 2004 ch 842 § 6 (SB 1313); Stats 2011 ch 468 § 1
(AB 717), effective January 1, 2012.

§ 11165.13. Effect of positive toxicology screen at time of delivery of
infant
For purposes of this article, a positive toxicology screen at the time of the
delivery of an infant is not in and of itself a sufficient basis for reporting child
abuse or neglect. However, any indication of maternal substance abuse shall
lead to an assessment of the needs of the mother and child pursuant to Section
123605 of the Health and Safety Code. If other factors are present that indicate
risk to a child, then a report shall be made. However, a report based on risk to
a child which relates solely to the inability of the parent to provide the child
with regular care due to the parent’s substance abuse shall be made only to a
county welfare or probation department, and not to a law enforcement agency.
Added Stats 1990 ch 1603 § 2 (SB 2669), operative July 1, 1991. Amended Stats 1996 ch 1023 § 397.2
(SB 1497), effective September 29, 1996; Stats 2000 ch 916 § 11 (AB 1241).

§ 11165.15. Basis for reporting abuse or neglect
For the purposes of this article, the fact that a child is homeless or is
classified as an unaccompanied youth, as defined in Section 11434a of the
federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11301 et
seq.), is not, in and of itself, a sufficient basis for reporting child abuse or
neglect. This section shall not limit a mandated reporter, as defined in Section
11165.7, from making a report pursuant to Section 11166 whenever the
mandated reporter has knowledge of or observes an unaccompanied minor
whom the mandated reporter knows or reasonably suspects to be the victim of
abuse or neglect.
Added Stats 2013 ch 486 § 1 (AB 652), effective January 1, 2014. Amended Stats 2014 ch 71 § 132
(SB 1304), effective January 1, 2015.

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§ 11166. Duty to report; Mandated reporters; Punishment for violation
(a) Except as provided in subdivision (d), and in Section 11166.05, a
mandated reporter shall make a report to an agency specified in Section
11165.9 whenever the mandated reporter, in his or her professional capacity or
within the scope of his or her employment, has knowledge of or observes a child
whom the mandated reporter knows or reasonably suspects has been the
victim of child abuse or neglect. The mandated reporter shall make an initial
report by telephone to the agency immediately or as soon as is practicably
possible, and shall prepare and send, fax, or electronically transmit a written
followup report within 36 hours of receiving the information concerning the
incident. The mandated reporter may include with the report any nonprivileged documentary evidence the mandated reporter possesses relating to the
incident.
(1) For purposes of this article, “reasonable suspicion” means that it is
objectively reasonable for a person to entertain a suspicion, based upon facts
that could cause a reasonable person in a like position, drawing, when
appropriate, on his or her training and experience, to suspect child abuse or
neglect. “Reasonable suspicion” does not require certainty that child abuse or
neglect has occurred nor does it require a specific medical indication of child
abuse or neglect; any “reasonable suspicion” is sufficient. For purposes of this
article, the pregnancy of a minor does not, in and of itself, constitute a basis for
a reasonable suspicion of sexual abuse.
(2) The agency shall be notified and a report shall be prepared and sent,
faxed, or electronically transmitted even if the child has expired, regardless of
whether or not the possible abuse was a factor contributing to the death, and
even if suspected child abuse was discovered during an autopsy.
(3) A report made by a mandated reporter pursuant to this section shall be
known as a mandated report.
(b) If, after reasonable efforts, a mandated reporter is unable to submit an
initial report by telephone, he or she shall immediately or as soon as is
practicably possible, by fax or electronic transmission, make a one-time
automated written report on the form prescribed by the Department of Justice,
and shall also be available to respond to a telephone followup call by the agency
with which he or she filed the report. A mandated reporter who files a one-time
automated written report because he or she was unable to submit an initial
report by telephone is not required to submit a written followup report.
(1) The one-time automated written report form prescribed by the Department of Justice shall be clearly identifiable so that it is not mistaken for a
standard written followup report. In addition, the automated one-time report
shall contain a section that allows the mandated reporter to state the reason
the initial telephone call was not able to be completed. The reason for the
submission of the one-time automated written report in lieu of the procedure
prescribed in subdivision (a) shall be captured in the Child Welfare Services/
Case Management System (CWS/CMS). The department shall work with
stakeholders to modify reporting forms and the CWS/CMS as is necessary to
accommodate the changes enacted by these provisions.
(2) This subdivision shall not become operative until the CWS/CMS is
updated to capture the information prescribed in this subdivision.
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(3) This subdivision shall become inoperative three years after this subdivision becomes operative or on January 1, 2009, whichever occurs first.
(4) On the inoperative date of these provisions, a report shall be submitted
to the counties and the Legislature by the State Department of Social Services
that reflects the data collected from automated one-time reports indicating the
reasons stated as to why the automated one-time report was filed in lieu of the
initial telephone report.
(5) Nothing in this section shall supersede the requirement that a mandated
reporter first attempt to make a report via telephone, or that agencies specified
in Section 11165.9 accept reports from mandated reporters and other persons
as required.
(c) A mandated reporter who fails to report an incident of known or
reasonably suspected child abuse or neglect as required by this section is guilty
of a misdemeanor punishable by up to six months confinement in a county jail
or by a fine of one thousand dollars ($1,000) or by both that imprisonment and
fine. If a mandated reporter intentionally conceals his or her failure to report
an incident known by the mandated reporter to be abuse or severe neglect
under this section, the failure to report is a continuing offense until an agency
specified in Section 11165.9 discovers the offense.
(d)(1) A clergy member who acquires knowledge or a reasonable suspicion of
child abuse or neglect during a penitential communication is not subject to
subdivision (a). For the purposes of this subdivision, “penitential communication” means a communication, intended to be in confidence, including, but not
limited to, a sacramental confession, made to a clergy member who, in the
course of the discipline or practice of his or her church, denomination, or
organization, is authorized or accustomed to hear those communications, and
under the discipline, tenets, customs, or practices of his or her church,
denomination, or organization, has a duty to keep those communications
secret.
(2) Nothing in this subdivision shall be construed to modify or limit a clergy
member’s duty to report known or suspected child abuse or neglect when the
clergy member is acting in some other capacity that would otherwise make the
clergy member a mandated reporter.
(3)(A) On or before January 1, 2004, a clergy member or any custodian of
records for the clergy member may report to an agency specified in Section
11165.9 that the clergy member or any custodian of records for the clergy
member, prior to January 1, 1997, in his or her professional capacity or within
the scope of his or her employment, other than during a penitential communication, acquired knowledge or had a reasonable suspicion that a child had
been the victim of sexual abuse and that the clergy member or any custodian
of records for the clergy member did not previously report the abuse to an
agency specified in Section 11165.9. The provisions of Section 11172 shall apply
to all reports made pursuant to this paragraph.
(B) This paragraph shall apply even if the victim of the known or suspected
abuse has reached the age of majority by the time the required report is made.
(C) The local law enforcement agency shall have jurisdiction to investigate
any report of child abuse made pursuant to this paragraph even if the report
is made after the victim has reached the age of majority.
(e)(1) A commercial film, photographic print, or image processor who has
knowledge of or observes, within the scope of his or her professional capacity
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or employment, any film, photograph, videotape, negative, slide, or any
representation of information, data, or an image, including, but not limited to,
any film, filmstrip, photograph, negative, slide, photocopy, videotape, video
laser disc, computer hardware, computer software, computer floppy disk, data
storage medium, CD-ROM, computer-generated equipment, or computergenerated image depicting a child under 16 years of age engaged in an act of
sexual conduct, shall, immediately or as soon as practicably possible, telephonically report the instance of suspected abuse to the law enforcement
agency located in the county in which the images are seen. Within 36 hours of
receiving the information concerning the incident, the reporter shall prepare
and send, fax, or electronically transmit a written followup report of the
incident with a copy of the image or material attached.
(2) A commercial computer technician who has knowledge of or observes,
within the scope of his or her professional capacity or employment, any
representation of information, data, or an image, including, but not limited to,
any computer hardware, computer software, computer file, computer floppy
disk, data storage medium, CD-ROM, computer-generated equipment, or
computer-generated image that is retrievable in perceivable form and that is
intentionally saved, transmitted, or organized on an electronic medium,
depicting a child under 16 years of age engaged in an act of sexual conduct,
shall immediately, or as soon as practicably possible, telephonically report the
instance of suspected abuse to the law enforcement agency located in the
county in which the images or material are seen. As soon as practicably
possible after receiving the information concerning the incident, the reporter
shall prepare and send, fax, or electronically transmit a written followup
report of the incident with a brief description of the images or materials.
(3) For purposes of this article, “commercial computer technician” includes
an employee designated by an employer to receive reports pursuant to an
established reporting process authorized by subparagraph (B) of paragraph
(43) of subdivision (a) of Section 11165.7.
(4) As used in this subdivision, “electronic medium” includes, but is not
limited to, a recording, CD-ROM, magnetic disk memory, magnetic tape
memory, CD, DVD, thumbdrive, or any other computer hardware or media.
(5) As used in this subdivision, “sexual conduct” means any of the following:
(A) Sexual intercourse, including genital-genital, oral-genital, anal-genital,
or oral-anal, whether between persons of the same or opposite sex or between
humans and animals.
(B) Penetration of the vagina or rectum by any object.
(C) Masturbation for the purpose of sexual stimulation of the viewer.
(D) Sadomasochistic abuse for the purpose of sexual stimulation of the
viewer.
(E) Exhibition of the genitals, pubic, or rectal areas of a person for the
purpose of sexual stimulation of the viewer.
(f) Any mandated reporter who knows or reasonably suspects that the home
or institution in which a child resides is unsuitable for the child because of
abuse or neglect of the child shall bring the condition to the attention of the
agency to which, and at the same time as, he or she makes a report of the abuse
or neglect pursuant to subdivision (a).
(g) Any other person who has knowledge of or observes a child whom he or
she knows or reasonably suspects has been a victim of child abuse or neglect
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may report the known or suspected instance of child abuse or neglect to an
agency specified in Section 11165.9. For purposes of this section, “any other
person” includes a mandated reporter who acts in his or her private capacity
and not in his or her professional capacity or within the scope of his or her
employment.
(h) When two or more persons, who are required to report, jointly have
knowledge of a known or suspected instance of child abuse or neglect, and
when there is agreement among them, the telephone report may be made by a
member of the team selected by mutual agreement and a single report may be
made and signed by the selected member of the reporting team. Any member
who has knowledge that the member designated to report has failed to do so
shall thereafter make the report.
(i)(1) The reporting duties under this section are individual, and no supervisor or administrator may impede or inhibit the reporting duties, and no
person making a report shall be subject to any sanction for making the report.
However, internal procedures to facilitate reporting and apprise supervisors
and administrators of reports may be established provided that they are not
inconsistent with this article.
(2) The internal procedures shall not require any employee required to
make reports pursuant to this article to disclose his or her identity to the
employer.
(3) Reporting the information regarding a case of possible child abuse or
neglect to an employer, supervisor, school principal, school counselor, coworker,
or other person shall not be a substitute for making a mandated report to an
agency specified in Section 11165.9.
(j) A county probation or welfare department shall immediately, or as soon
as practicably possible, report by telephone, fax, or electronic transmission to
the law enforcement agency having jurisdiction over the case, to the agency
given the responsibility for investigation of cases under Section 300 of the
Welfare and Institutions Code, and to the district attorney’s office every known
or suspected instance of child abuse or neglect, as defined in Section 11165.6,
except acts or omissions coming within subdivision (b) of Section 11165.2, or
reports made pursuant to Section 11165.13 based on risk to a child which
relates solely to the inability of the parent to provide the child with regular
care due to the parent’s substance abuse, which shall be reported only to the
county welfare or probation department. A county probation or welfare
department also shall send, fax, or electronically transmit a written report
thereof within 36 hours of receiving the information concerning the incident to
any agency to which it makes a telephone report under this subdivision.
(k) A law enforcement agency shall immediately, or as soon as practicably
possible, report by telephone, fax, or electronic transmission to the agency
given responsibility for investigation of cases under Section 300 of the Welfare
and Institutions Code and to the district attorney’s office every known or
suspected instance of child abuse or neglect reported to it, except acts or
omissions coming within subdivision (b) of Section 11165.2, which shall be
reported only to the county welfare or probation department. A law enforcement agency shall report to the county welfare or probation department every
known or suspected instance of child abuse or neglect reported to it which is
alleged to have occurred as a result of the action of a person responsible for the
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child’s welfare, or as the result of the failure of a person responsible for the
child’s welfare to adequately protect the minor from abuse when the person
responsible for the child’s welfare knew or reasonably should have known that
the minor was in danger of abuse. A law enforcement agency also shall send,
fax, or electronically transmit a written report thereof within 36 hours of
receiving the information concerning the incident to any agency to which it
makes a telephone report under this subdivision.

§ 11166.05. Reporting child suffering serious emotional damage
Any mandated reporter who has knowledge of or who reasonably suspects
that a child is suffering serious emotional damage or is at a substantial risk of
suffering serious emotional damage, evidenced by states of being or behavior,
including, but not limited to, severe anxiety, depression, withdrawal, or
untoward aggressive behavior toward self or others, may make a report to an
agency specified in Section 11165.9.
Added Stats 2001 ch 133 § 6 (AB 102), effective July 31, 2001. Amended Stats 2004 ch 842 § 9 (SB
1313).

§ 11166.1. Duty of agency
(a) When an agency receives a report pursuant to Section 11166 that
contains either of the following, it shall, within 24 hours, notify the licensing
office with jurisdiction over the facility:
(1) A report of abuse alleged to have occurred in facilities licensed to care for
children by the State Department of Social Services.
(2) A report of the death of a child who was, at the time of death, living at,
enrolled in, or regularly attending a facility licensed to care for children by the
State Department of Social Services, unless the circumstances of the child’s
death are clearly unrelated to the child’s care at the facility.
The agency shall send the licensing agency a copy of its investigation and
any other pertinent materials.
(b) Any employee of an agency specified in Section 11165.9 who has
knowledge of, or observes in his or her professional capacity or within the scope
of his or her employment, a child in protective custody whom he or she knows
or reasonably suspects has been the victim of child abuse or neglect shall,
within 36 hours, send or have sent to the attorney who represents the child in
dependency court, a copy of the report prepared in accordance with Section
11166. The agency shall maintain a copy of the written report. All information
requested by the attorney for the child or the child’s guardian ad litem shall be
provided by the agency within 30 days of the request.
Added Stats 1985 ch 1593 § 3, effective October 2, 1985. Amended and renumbered Stats 1987 ch 56
§ 141 (ch 531 prevails). Amended Stats 1987 ch 531 § 4; Stats 1992 ch 844 § 1 (AB 3633); Stats 1998
ch 900 § 1 (AB 2316); Stats 2000 ch 916 § 17 (AB 1241).

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Added Stats 1980 ch 1071 § 4. Amended Stats 1981 ch 435 § 2, effective September 12, 1981; Stats
1982 ch 905 § 2; Stats 1984 ch 1423 § 9, effective September 26, 1984; Stats 1986 ch 1289 § 2; Stats
1987 ch 1459 § 20; Stats 1988 ch 269 § 1, ch 1580 § 2; Stats 1990 ch 1603 § 3 (SB 2669), operative
July 1, 1991; Stats 1992 ch 459 § 3 (SB 1695); Stats 1993 ch 510 § 1.5 (SB 665); Stats 1996 ch 1080
§ 10 (AB 295), ch 1081 § 3.5 (AB 3354); Stats 2000 ch 916 § 16 (AB 1241); Stats 2001 ch 133 § 5 (AB
102), effective July 31, 2001; Stats 2002 ch 936 § 2 (AB 299), effective September 27, 2002; Stats 2004
ch 823 § 17 (AB 20), ch 842 § 7.5 (SB 1313); Stats 2005 ch 42 § 1 (AB 299), ch 713 § 3 (AB 776),
effective January 1, 2006; Stats 2006 ch 701 § 3 (AB 525), effective January 1, 2007; Stats 2007 ch
393 § 3 (AB 673), effective January 1, 2008; Stats 2010 ch 123 § 1 (AB 2380), effective January 1,
2011; Stats 2012 ch 517 § 2 (AB 1713), effective January 1, 2013, ch 521 § 2.5 (AB 1817), effective
January 1, 2013 (ch 521 prevails), ch 728 § 131 (SB 71), effective January 1, 2013; Stats 2013 ch 76
§ 165 (AB 383), effective January 1, 2014.

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§ 11166.2. Additional duty of agency
In addition to the reports required under Section 11166, any agency specified
in Section 11165.9 shall immediately or as soon as practically possible report
by telephone, fax, or electronic transmission to the appropriate licensing
agency every known or suspected instance of child abuse or neglect when the
instance of abuse or neglect occurs while the child is being cared for in a child
day care facility, involves a child day care licensed staff person, or occurs while
the child is under the supervision of a community care facility or involves a
community care facility licensee or staff person. The agency shall also send,
fax, or electronically transmit a written report thereof within 36 hours of
receiving the information concerning the incident to any agency to which it
makes a telephone report under this subdivision. The agency shall send the
licensing agency a copy of its investigation report and any other pertinent
materials.
Added Stats 1985 ch 1598 § 4. Amended Stats 1987 ch 531 § 5; Stats 1988 ch 269 § 3; Stats 1990 ch
650 § 1, (SB 2423); Stats 2000 ch 916 § 18 (AB 1241); Stats 2001 ch 133 § 7 (AB 102), effective July
31, 2001.

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§ 11166.3. Coordination of duties in connection with investigation of
suspected child abuse or neglect cases
(a) The Legislature intends that in each county the law enforcement
agencies and the county welfare or probation department shall develop and
implement cooperative arrangements in order to coordinate existing duties in
connection with the investigation of suspected child abuse or neglect cases. The
local law enforcement agency having jurisdiction over a case reported under
Section 11166 shall report to the county welfare or probation department that
it is investigating the case within 36 hours after starting its investigation. The
county welfare department or probation department shall, in cases where a
minor is a victim of actions specified in Section 288 of this code and a petition
has been filed pursuant to Section 300 of the Welfare and Institutions Code
with regard to the minor, evaluate what action or actions would be in the best
interest of the child victim. Notwithstanding any other provision of law, the
county welfare department or probation department shall submit in writing its
findings and the reasons therefor to the district attorney on or before the
completion of the investigation. The written findings and the reasons therefor
shall be delivered or made accessible to the defendant or his or her counsel in
the manner specified in Section 859.
(b) The local law enforcement agency having jurisdiction over a case
reported under Section 11166 shall report to the district office of the State
Department of Social Services any case reported under this section if the case
involves a facility specified in paragraph (5) or (6) of subdivision (a) of Section
1502, Section 1596.750 or 1596.76 of the Health and Safety Code, and the
licensing of the facility has not been delegated to a county agency. The law
enforcement agency shall send a copy of its investigation report and any other
pertinent materials to the licensing agency upon the request of the licensing
agency.
Added Stats 1985 ch 1262 § 2 as Pen C § 11166.1. Amended and renumbered Stats 1987 ch 531 § 3.
Amended Stats 1988 ch 898 § 1; Stats 2000 ch 135 § 139 (AB 2539), ch 916 § 19 (AB 1241) (ch 916
prevails); Stats 2001 ch 133 § 8 (AB 102), effective July 31, 2001.

176

§ 11166.5. Statement acknowledging awareness of reporting duties
and promising compliance; Exemptions; Distribution in connection
with licensure or certification
(a) On and after January 1, 1985, any mandated reporter as specified in
Section 11165.7, with the exception of child visitation monitors, prior to
commencing his or her employment, and as a prerequisite to that employment,
shall sign a statement on a form provided to him or her by his or her employer
to the effect that he or she has knowledge of the provisions of Section 11166 and
will comply with those provisions. The statement shall inform the employee
that he or she is a mandated reporter and inform the employee of his or her
reporting obligations under Section 11166 and of his or her confidentiality
rights under subdivision (d) of Section 11167. The employer shall provide a
copy of Sections 11165.7, 11166, and 11167 to the employee.
On and after January 1, 1993, any person who acts as a child visitation
monitor, as defined in paragraph (30) of subdivision (a) of Section 11165.7,
prior to engaging in monitoring the first visit in a case, shall sign a statement
on a form provided to him or her by the court which ordered the presence of
that third person during the visit, to the effect that he or she has knowledge of
the provisions of Section 11166 and will comply with those provisions.
The signed statements shall be retained by the employer or the court, as the
case may be. The cost of printing, distribution, and filing of these statements
shall be borne by the employer or the court.
This subdivision is not applicable to persons employed by public or private
youth centers, youth recreation programs, and youth organizations as members of the support staff or maintenance staff and who do not work with,
observe, or have knowledge of children as part of their official duties.
(b) On and after January 1, 1986, when a person is issued a state license or
certificate to engage in a profession or occupation, the members of which are
required to make a report pursuant to Section 11166, the state agency issuing
the license or certificate shall send a statement substantially similar to the one
contained in subdivision (a) to the person at the same time as it transmits the
document indicating licensure or certification to the person. In addition to the
requirements contained in subdivision (a), the statement also shall indicate
that failure to comply with the requirements of Section 11166 is a misdemeanor, punishable by up to six months in a county jail, by a fine of one
thousand dollars ($1,000), or by both that imprisonment and fine.
(c) As an alternative to the procedure required by subdivision (b), a state
agency may cause the required statement to be printed on all application forms
for a license or certificate printed on or after January 1, 1986.
(d) On and after January 1, 1993, any child visitation monitor, as defined in
paragraph (30) of subdivision (a) of Section 11165.7, who desires to act in that
capacity shall have received training in the duties imposed by this article,
including training in child abuse identification and child abuse reporting. The
person, prior to engaging in monitoring the first visit in a case, shall sign a
statement on a form provided to him or her by the court which ordered the
presence of that third person during the visit, to the effect that he or she has
received this training. This statement may be included in the statement
required by subdivision (a) or it may be a separate statement. This statement
shall be filed, along with the statement required by subdivision (a), in the court
file of the case for which the visitation monitoring is being provided.
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(e) Any person providing services to a minor child, as described in paragraph (37) of subdivision (a) of Section 11165.7, shall not be required to make
a report pursuant to Section 11166 unless that person has received training, or
instructional materials in the appropriate language, on the duties imposed by
this article, including identifying and reporting child abuse and neglect.
Added Stats 1984 ch 1718 § 1. Amended Stats 1985 ch 464 § 1; Stats 1985 ch 1598 § 5.1; Stats 1986
ch 248 § 168; Stats 1987 ch 1459 § 21; Stats 1990 ch 931 § 1 (AB 3521); Stats 1991 ch 132 § 2 (AB
1133); Stats 1992 ch 459 § 4 (SB 1695); Stats 1993 ch 510 § 2 (SB 665); Stats 1996 ch 1081 § 4 (AB
3354); Stats 2000 ch 916 § 20 (AB 1241); Stats 2001 ch 133 § 9 (AB 102), effective July 31, 2001;
Stats 2004 ch 762 § 2 (AB 2531), ch 842 § 10.5 (SB 1313); Stats 2012 ch 518 § 2 (SB 1264), effective
January 1, 2013.

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§ 11167. Required information; Confidentiality of reporter’s identity;
Advising individual of complaint or allegations
(a) Reports of suspected child abuse or neglect pursuant to Section 11166 or
Section 11166.05 shall include the name, business address, and telephone
number of the mandated reporter; the capacity that makes the person a
mandated reporter; and the information that gave rise to the reasonable
suspicion of child abuse or neglect and the source or sources of that information. If a report is made, the following information, if known, shall also be
included in the report: the child’s name, the child’s address, present location,
and, if applicable, school, grade, and class; the names, addresses, and telephone numbers of the child’s parents or guardians; and the name, address,
telephone number, and other relevant personal information about the person
or persons who might have abused or neglected the child. The mandated
reporter shall make a report even if some of this information is not known or
is uncertain to him or her.
(b) Information relevant to the incident of child abuse or neglect and
information relevant to a report made pursuant to Section 11166.05 may be
given to an investigator from an agency that is investigating the known or
suspected case of child abuse or neglect.
(c) Information relevant to the incident of child abuse or neglect, including
the investigation report and other pertinent materials, and information
relevant to a report made pursuant to Section 11166.05 may be given to the
licensing agency when it is investigating a known or suspected case of child
abuse or neglect.
(d)(1) The identity of all persons who report under this article shall be
confidential and disclosed only among agencies receiving or investigating
mandated reports, to the prosecutor in a criminal prosecution or in an action
initiated under Section 602 of the Welfare and Institutions Code arising from
alleged child abuse, or to counsel appointed pursuant to subdivision (c) of
Section 317 of the Welfare and Institutions Code, or to the county counsel or
prosecutor in a proceeding under Part 4 (commencing with Section 7800) of
Division 12 of the Family Code or Section 300 of the Welfare and Institutions
Code, or to a licensing agency when abuse or neglect in out-of-home care is
reasonably suspected, or when those persons waive confidentiality, or by court
order.
(2) No agency or person listed in this subdivision shall disclose the identity
of any person who reports under this article to that person’s employer, except
with the employee’s consent or by court order.
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(e) Notwithstanding the confidentiality requirements of this section, a
representative of a child protective services agency performing an investigation that results from a report of suspected child abuse or neglect made
pursuant to Section 11166 or Section 11166.05, at the time of the initial contact
with the individual who is subject to the investigation, shall advise the
individual of the complaints or allegations against him or her, in a manner that
is consistent with laws protecting the identity of the reporter under this
article.
(f) Persons who may report pursuant to subdivision (g) of Section 11166 are
not required to include their names.

§ 11167.5. Confidentiality and disclosure of reports
(a) The reports required by Sections 11166 and 11166.2, or authorized by
Section 11166.05, and child abuse or neglect investigative reports that result in
a summary report being filed with the Department of Justice pursuant to
subdivision (a) of Section 11169 shall be confidential and may be disclosed only
as provided in subdivision (b). Any violation of the confidentiality provided by
this article is a misdemeanor punishable by imprisonment in a county jail not
to exceed six months, by a fine of five hundred dollars ($500), or by both that
imprisonment and fine.
(b) Reports of suspected child abuse or neglect and information contained
therein may be disclosed only to the following:
(1) Persons or agencies to whom disclosure of the identity of the reporting
party is permitted under Section 11167.
(2) Persons or agencies to whom disclosure of information is permitted
under subdivision (b) of Section 11170 or subdivision (a) of Section 11170.5.
(3) Persons or agencies with whom investigations of child abuse or neglect
are coordinated under the regulations promulgated under Section 11174.
(4) Multidisciplinary personnel teams as defined in subdivision (d) of
Section 18951 of the Welfare and Institutions Code.
(5) Persons or agencies responsible for the licensing of facilities which care
for children, as specified in Section 11165.7.
(6) The State Department of Social Services or any county licensing agency
which has contracted with the state, as specified in paragraph (4) of subdivision (b) of Section 11170, when an individual has applied for a community care
license or child day care license, or for employment in an out-of-home care
facility, or when a complaint alleges child abuse or neglect by an operator or
employee of an out-of-home care facility.
(7) Hospital scan teams. As used in this paragraph, “hospital scan team”
means a team of three or more persons established by a hospital, or two or
more hospitals in the same county, consisting of health care professionals and
representatives of law enforcement and child protective services, the members
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Added Stats 1980 ch 1071 § 4. Amended Stats 1981 ch 435 § 3, effective September 12, 1981; Stats
1982 ch 162 § 2, effective April 26, 1982; Stats 1984 ch 144 § 164; Stats 1985 ch 1598 § 6; Stats 1986
ch 1289 § 3; Stats 1987 ch 531 § 6; Stats 1992 ch 163 § 112 (AB 2641), operative January 1, 1994
(ch 316 prevails), ch 316 § 2 (AB 3491); Stats 1993 ch 219 § 221 (AB 1500); Stats 1997 ch 324 § 8
(SB 871); Stats 2000 ch 916 § 24 (AB 1241); Stats 2001 ch 133 § 13 (AB 102), effective July 31, 2001;
Stats 2004 ch 292 § 1 (AB 2749), ch 842 § 15.5 (SB 1313); Stats 2005 ch 279 § 17 (SB 1107), effective
January 1, 2006; Stats 2006 ch 701 § 4 (AB 525) (ch 701 prevails), effective January 1, 2007, ch 901
§ 10.5 (SB 1422), effective January 1, 2007; Stats 2010 ch 95 § 1 (AB 2339), effective January 1,
2011.

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of which are engaged in the identification of child abuse or neglect. The
disclosure authorized by this section includes disclosure among all hospital
scan teams.
(8) Coroners and medical examiners when conducting a post mortem
examination of a child.
(9) The Board of Parole Hearings, which may subpoena an employee of a
county welfare department who can provide relevant evidence and reports that
both (A) are not unfounded, pursuant to Section 11165.12, and (B) concern only
the current incidents upon which parole revocation proceedings are pending
against a parolee charged with child abuse or neglect. The reports and
information shall be confidential pursuant to subdivision (d) of Section 11167.
(10) Personnel from an agency responsible for making a placement of a child
pursuant to Section 361.3 of, and Article 7 (commencing with Section 305) of
Chapter 2 of Part 1 of Division 2 of, the Welfare and Institutions Code.
(11) Persons who have been identified by the Department of Justice as listed
in the Child Abuse Central Index pursuant to paragraph (7) of subdivision (b)
of Section 11170 or subdivision (c) of Section 11170, or persons who have
verified with the Department of Justice that they are listed in the Child Abuse
Central Index as provided in subdivision (f) of Section 11170. Disclosure under
this paragraph is required notwithstanding the California Public Records Act,
Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the
Government Code. Nothing in this paragraph shall preclude a submitting
agency prior to disclosure from redacting any information necessary to
maintain confidentiality as required by law.
(12) Out-of-state law enforcement agencies conducting an investigation of
child abuse or neglect only when an agency makes the request for reports of
suspected child abuse or neglect in writing and on official letterhead, or as
designated by the Department of Justice, identifying the suspected abuser or
victim by name and date of birth or approximate age. The request shall be
signed by the department supervisor of the requesting law enforcement
agency. The written request shall cite the out-of-state statute or interstate
compact provision that requires that the information contained within these
reports is to be disclosed only to law enforcement, prosecutorial entities, or
multidisciplinary investigative teams, and shall cite the safeguards in place to
prevent unlawful disclosure provided by the requesting state or the applicable
interstate compact provision.
(13) Out-of-state agencies responsible for approving prospective foster or
adoptive parents for placement of a child only when the agency makes the
request in compliance with the Adam Walsh Child Protection and Safety Act of
2006 (Public Law 109-248). The request shall also cite the safeguards in place
to prevent unlawful disclosure provided by the requesting state or the
applicable interstate compact provision and indicate that the requesting state
shall maintain continual compliance with the requirement in paragraph (20) of
subdivision (a) of Section 671 of Title 42 of the United States Code that
requires the state have in place safeguards to prevent the unauthorized
disclosure of information in any child abuse and neglect registry maintained by
the state and prevent the information from being used for a purpose other than
the conducting of background checks in foster or adoptive placement cases.
(14) Each chairperson of a county child death review team, or his or her
designee, to whom disclosure of information is permitted under this article,
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Added Stats 1983 ch 1082 § 1. Amended Stats 1985 ch 1593 § 4, effective October 2, 1985, ch 1598
§ 7.5; Stats 1987 ch 167 § 1, ch 1459 § 22; Stats 1988 ch 1580 § 5; Stats 1989 ch 153 § 1, ch 1169
§ 2; Stats 1995 ch 391 § 1 (AB 1440); Stats 1997 ch 24 § 1 (AB 1536), ch 842 § 4 (SB 644), ch 844
§ 1.5 (AB 1065); Stats 1998 ch 485 § 135 (AB 2803); Stats 2000 ch 916 § 25 (AB 1241); Stats 2002
ch 187 § 2 (SB 1745); Stats 2004 ch 842 § 16 (SB 1313); Stats 2006 ch 701 § 5 (AB 525), effective
January 1, 2007; Stats 2007 ch 583 § 18 (SB 703), effective January 1, 2008; Stats 2008 ch 699 § 17
(SB 1241), effective January 1, 2009, ch 701 § 9 (AB 2651) (ch 701 prevails), effective September 30,
2008.

§ 11169. Forwarding of reports to Department of Justice
(a) An agency specified in Section 11165.9 shall forward to the Department
of Justice a report in writing of every case it investigates of known or suspected
child abuse or severe neglect that is determined to be substantiated, other than
cases coming within subdivision (b) of Section 11165.2. An agency shall not
forward a report to the Department of Justice unless it has conducted an active
investigation and determined that the report is substantiated, as defined in
Section 11165.12. If a report has previously been filed which subsequently
proves to be not substantiated, the Department of Justice shall be notified in
writing of that fact and shall not retain the report. The reports required by this
section shall be in a form approved by the Department of Justice and may be
sent by fax or electronic transmission. An agency specified in Section 11165.9
receiving a written report from another agency specified in Section 11165.9
shall not send that report to the Department of Justice.
(b) On and after January 1, 2012, a police department or sheriff’s department specified in Section 11165.9 shall no longer forward to the Department of
Justice a report in writing of any case it investigates of known or suspected
child abuse or severe neglect.
(c) At the time an agency specified in Section 11165.9 forwards a report in
writing to the Department of Justice pursuant to subdivision (a), the agency
shall also notify in writing the known or suspected child abuser that he or she
has been reported to the Child Abuse Central Index (CACI). The notice
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relating to the death of one or more children and any prior child abuse or
neglect investigation reports maintained involving the same victim, siblings,
or suspects. Local child death review teams may share any relevant information regarding case reviews involving child death with other child death review
teams.
(c) Authorized persons within county health departments shall be permitted
to receive copies of any reports made by health practitioners, as defined in
paragraphs (21) to (28), inclusive, of subdivision (a) of Section 11165.7, and
pursuant to Section 11165.13, and copies of assessments completed pursuant
to Sections 123600 and 123605 of the Health and Safety Code, to the extent
permitted by federal law. Any information received pursuant to this subdivision is protected by subdivision (e).
(d) Nothing in this section requires the Department of Justice to disclose
information contained in records maintained under Section 11170 or under the
regulations promulgated pursuant to Section 11174, except as otherwise
provided in this article.
(e) This section shall not be interpreted to allow disclosure of any reports or
records relevant to the reports of child abuse or neglect if the disclosure would
be prohibited by any other provisions of state or federal law applicable to the
reports or records relevant to the reports of child abuse or neglect.

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required by this section shall be in a form approved by the Department of
Justice. The requirements of this subdivision shall apply with respect to
reports forwarded to the department on or after the date on which this
subdivision becomes operative.
(d) Subject to subdivision (e), any person who is listed on the CACI has the
right to a hearing before the agency that requested his or her inclusion in the
CACI to challenge his or her listing on the CACI. The hearing shall satisfy due
process requirements. It is the intent of the Legislature that the hearing
provided for by this subdivision shall not be construed to be inconsistent with
hearing proceedings available to persons who have been listed on the CACI
prior to the enactment of the act that added this subdivision.
(e) A hearing requested pursuant to subdivision (d) shall be denied when a
court of competent jurisdiction has determined that suspected child abuse or
neglect has occurred, or when the allegation of child abuse or neglect resulting
in the referral to the CACI is pending before the court. A person who is listed
on the CACI and has been denied a hearing pursuant to this subdivision has
a right to a hearing pursuant to subdivision (d) only if the court’s jurisdiction
has terminated, the court has not made a finding concerning whether the
suspected child abuse or neglect was substantiated, and a hearing has not
previously been provided to the listed person pursuant to subdivision (d).
(f) Any person listed in the CACI who has reached 100 years of age shall
have his or her listing removed from the CACI.
(g) Any person listed in the CACI as of January 1, 2013, who was listed prior
to reaching 18 years of age, and who is listed once in CACI with no subsequent
listings, shall be removed from the CACI 10 years from the date of the incident
resulting in the CACI listing.
(h) If, after a hearing pursuant to subdivision (d) or a court proceeding
described in subdivision (e), it is determined the person’s CACI listing was
based on a report that was not substantiated, the agency shall notify the
Department of Justice of that result and the department shall remove that
person’s name from the CACI.
(i) Agencies, including police departments and sheriff’s departments, shall
retain child abuse or neglect investigative reports that result or resulted in a
report filed with the Department of Justice pursuant to subdivision (a) for the
same period of time that the information is required to be maintained on the
CACI pursuant to this section and subdivision (a) of Section 11170. Nothing in
this section precludes an agency from retaining the reports for a longer period
of time if required by law.
(j) The immunity provisions of Section 11172 shall not apply to the submission of a report by an agency pursuant to this section. However, nothing in this
section shall be construed to alter or diminish any other immunity provisions
of state or federal law.
Added Stats 1980 ch 1071 § 4. Amended Stats 1981 ch 435 § 4, effective September 12, 1981; Stats
1985 ch 1598 § 8; Stats 1988 ch 269 § 4, ch 1497 § 1; Stats 1997 ch 842 § 5 (SB 644); Stats 2000 ch
916 § 27 (AB 1241); Stats 2001 ch 133 § 14 (AB 102), effective July 31, 2001; Stats 2004 ch 842 § 17
(SB 1313); Stats 2011 ch 468 § 2 (AB 717), effective January 1, 2012; Stats 2012 ch 848 § 1 (AB
1707), effective January 1, 2013.

182

§ 11170. Child Abuse Central Index; Notifications; Availability of information; Future deletion of information for persons under 18;
Placement of child; Out of state law enforcement agencies; Fee; Request to determine presence in index; Removal of victims’ names
(a)(1) The Department of Justice shall maintain an index of all reports of
child abuse and severe neglect submitted pursuant to Section 11169. The index
shall be continually updated by the department and shall not contain any
reports that are determined to be not substantiated. The department may
adopt rules governing recordkeeping and reporting pursuant to this article.
(2) The department shall act only as a repository of reports of suspected
child abuse and severe neglect to be maintained in the Child Abuse Central
Index (CACI) pursuant to paragraph (1). The submitting agencies are responsible for the accuracy, completeness, and retention of the reports described in
this section. The department shall be responsible for ensuring that the CACI
accurately reflects the report it receives from the submitting agency.
(3) Only information from reports that are reported as substantiated shall
be filed pursuant to paragraph (1), and all other determinations shall be
removed from the central list. If a person listed in the CACI was under 18
years of age at the time of the report, the information shall be deleted from the
CACI 10 years from the date of the incident resulting in the CACI listing, if no
subsequent report concerning the same person is received during that time
period.
(b) The provisions of subdivision (c) of Section 11169 apply to any information provided pursuant to this subdivision.
(1) The Department of Justice shall immediately notify an agency that
submits a report pursuant to Section 11169, or a prosecutor who requests
notification, of any information maintained pursuant to subdivision (a) that is
relevant to the known or suspected instance of child abuse or severe neglect
reported by the agency. The agency shall make that information available to
the reporting health care practitioner who is treating a person reported as a
possible victim of known or suspected child abuse. The agency shall make that
information available to the reporting child custodian, Child Abuse Prevention
and Treatment Act guardian ad litem appointed under Rule 5.662 of the
California Rules of Court, or counsel appointed under Section 317 or 318 of the
Welfare and Institutions Code, or the appropriate licensing agency, if he or she
or the licensing agency is handling or investigating a case of known or
suspected child abuse or severe neglect.
(2) When a report is made pursuant to subdivision (a) of Section 11166, or
Section 11166.05, the investigating agency, upon completion of the investigation or after there has been a final disposition in the matter, shall inform the
person required or authorized to report of the results of the investigation and
of any action the agency is taking with regard to the child or family.
(3) The Department of Justice shall make relevant information from the
CACI available to a law enforcement agency, county welfare department, or
county probation department that is conducting a child abuse investigation.
(4) The department shall make available to the State Department of Social
Services, or to any county licensing agency that has contracted with the state
for the performance of licensing duties, or to a tribal court or tribal child
welfare agency of a tribe, consortium of tribes, or tribal organization that has
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entered into an agreement with the state pursuant to Section 10553.1 of the
Welfare and Institutions Code, information regarding a known or suspected
child abuser maintained pursuant to this section and subdivision (a) of Section
11169 concerning any person who is an applicant for licensure or approval, or
any adult who resides or is employed in the home of an applicant for licensure
or approval, or who is an applicant for employment in a position having
supervisorial or disciplinary power over a child or children, or who will provide
24-hour care for a child or children in a residential home or facility, pursuant
to Section 1522.1 or 1596.877 of the Health and Safety Code, or Section 8714,
8802, 8912, or 9000 of the Family Code, or Section 11403.2 of the Welfare and
Institutions Code.
(5) The Department of Justice shall make available to a Court Appointed
Special Advocate program that is conducting a background investigation of an
applicant seeking employment with the program or a volunteer position as a
Court Appointed Special Advocate, as defined in Section 101 of the Welfare and
Institutions Code, information contained in the index regarding known or
suspected child abuse by the applicant.
(6) For purposes of child death review, the Department of Justice shall make
available to the chairperson, or the chairperson’s designee, for each county
child death review team, or the State Child Death Review Council, information
for investigative purposes only that is maintained in the CACI pursuant to
subdivision (a) relating to the death of one or more children and any prior child
abuse or neglect investigation reports maintained involving the same victims,
siblings, or suspects. Local child death review teams may share any relevant
information regarding case reviews involving child death with other child
death review teams.
(7) The department shall make available to investigative agencies or
probation officers, or court investigators acting pursuant to Section 1513 of the
Probate Code, responsible for placing children or assessing the possible
placement of children pursuant to Article 6 (commencing with Section 300),
Article 7 (commencing with Section 305), Article 10 (commencing with Section
360), or Article 14 (commencing with Section 601) of Chapter 2 of Part 1 of
Division 2 of the Welfare and Institutions Code, or Article 2 (commencing with
Section 1510) or Article 3 (commencing with Section 1540) of Chapter 1 of Part
2 of Division 4 of the Probate Code, information regarding a known or
suspected child abuser contained in the index concerning any adult residing in
the home where the child may be placed, when this information is requested
for purposes of ensuring that the placement is in the best interest of the child.
Upon receipt of relevant information concerning child abuse or neglect investigation reports contained in the CACI from the Department of Justice
pursuant to this subdivision, the agency or court investigator shall notify, in
writing, the person listed in the CACI that he or she is in the index. The
notification shall include the name of the reporting agency and the date of the
report.
(8) Pursuant to Section 10553.12 of the Welfare and Institutions Code, the
department shall make available to a tribal child welfare agency information
regarding a known or suspected child abuser maintained pursuant to this
section or subdivision (a) of Section 11169 who is being considered as a
prospective foster parent or adoptive parent, an adult who resides or is
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employed in the home of an applicant for approval, or an employee of the tribal
child welfare agency who may have contact with children.
(9) The Department of Justice shall make available to a government agency
conducting a background investigation pursuant to Section 1031 of the
Government Code of an applicant seeking employment as a peace officer, as
defined in Section 830, information regarding a known or suspected child
abuser maintained pursuant to this section concerning the applicant.
(10) The Department of Justice shall make available to a county child
welfare agency or delegated county adoption agency, as defined in Section 8515
of the Family Code, conducting a background investigation, or a government
agency conducting a background investigation on behalf of one of those
agencies, information regarding a known or suspected child abuser maintained
pursuant to this section and subdivision (a) of Section 11169 concerning any
applicant seeking employment or volunteer status with the agency who, in the
course of his or her employment or volunteer work, will have direct contact
with children who are alleged to have been, are at risk of, or have suffered,
abuse or neglect.
(11)(A) Persons or agencies, as specified in subdivision (b), if investigating a
case of known or suspected child abuse or neglect, or the State Department of
Social Services or any county licensing agency pursuant to paragraph (4), or a
Court Appointed Special Advocate (CASA) program conducting a background
investigation for employment or volunteer candidates pursuant to paragraph
(5), or an investigative agency, probation officer, or court investigator responsible for placing children or assessing the possible placement of children
pursuant to paragraph (7), or a government agency conducting a background
investigation of an applicant seeking employment as a peace officer pursuant
to paragraph (9), or a county child welfare agency or delegated county adoption
agency conducting a background investigation of an applicant seeking employment or volunteer status who, in the course of his or her employment or
volunteer work, will have direct contact with children who are alleged to have
been, are at risk of, or have suffered, abuse or neglect, pursuant to paragraph
(10), to whom disclosure of any information maintained pursuant to subdivision (a) is authorized, are responsible for obtaining the original investigative
report from the reporting agency, and for drawing independent conclusions
regarding the quality of the evidence disclosed, and its sufficiency for making
decisions regarding investigation, prosecution, licensing, placement of a child,
employment or volunteer positions with a CASA program, or employment as a
peace officer.
(B) If CACI information is requested by an agency for the temporary
placement of a child in an emergency situation pursuant to Article 7 (commencing with Section 305) of Chapter 2 of Part 1 of Division 2 of the Welfare
and Institutions Code, the department is exempt from the requirements of
Section 1798.18 of the Civil Code if compliance would cause a delay in
providing an expedited response to the agency’s inquiry and if further delay in
placement may be detrimental to the child.
(12)(A) Whenever information contained in the Department of Justice files
is furnished as the result of an application for employment or licensing or
volunteer status pursuant to paragraph (4), (5), (8), (9), or (10), the Department of Justice may charge the person or entity making the request a fee. The
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fee shall not exceed the reasonable costs to the department of providing the
information. The only increase shall be at a rate not to exceed the legislatively
approved cost-of-living adjustment for the department. In no case shall the fee
exceed fifteen dollars ($15).
(B) All moneys received by the department pursuant to this section to
process trustline applications for purposes of Chapter 3.35 (commencing with
Section 1596.60) of Division 2 of the Health and Safety Code shall be deposited
in a special account in the General Fund that is hereby established and named
the Department of Justice Child Abuse Fund. Moneys in the fund shall be
available, upon appropriation by the Legislature, for expenditure by the
department to offset the costs incurred to process trustline automated child
abuse or neglect system checks pursuant to this section.
(C) All moneys, other than those described in subparagraph (B), received by
the department pursuant to this paragraph shall be deposited in a special
account in the General Fund which is hereby created and named the Department of Justice Sexual Habitual Offender Fund. The funds shall be available,
upon appropriation by the Legislature, for expenditure by the department to
offset the costs incurred pursuant to Chapter 9.5 (commencing with Section
13885) and Chapter 10 (commencing with Section 13890) of Title 6 of Part 4,
and the DNA and Forensic Identification Data Base and Data Bank Act of 1998
(Chapter 6 (commencing with Section 295) of Title 9 of Part 1), and for
maintenance and improvements to the statewide Sexual Habitual Offender
Program and the California DNA offender identification file (CAL-DNA)
authorized by Chapter 9.5 (commencing with Section 13885) of Title 6 of Part
4 and the DNA and Forensic Identification Data Base and Data Bank Act of
1998 (Chapter 6 (commencing with Section 295) of Title 9 of Part 1).
(c)(1) The Department of Justice shall make available to any agency
responsible for placing children pursuant to Article 7 (commencing with
Section 305) of Chapter 2 of Part 1 of Division 2 of the Welfare and Institutions
Code, upon request, relevant information concerning child abuse or neglect
reports contained in the index, when making a placement with a responsible
relative pursuant to Sections 281.5, 305, and 361.3 of the Welfare and
Institutions Code. Upon receipt of relevant information concerning child abuse
or neglect reports contained in the index from the Department of Justice
pursuant to this subdivision, the agency shall also notify in writing the person
listed in the CACI that he or she is in the index. The notification shall include
the location of the original investigative report and the submitting agency. The
notification shall be submitted to the person listed at the same time that all
other parties are notified of the information, and no later than the actual
judicial proceeding that determines placement.
(2) If information is requested by an agency for the placement of a child with
a responsible relative in an emergency situation pursuant to Article 7 (commencing with Section 305) of Chapter 2 of Part 1 of Division 2 of the Welfare
and Institutions Code, the department is exempt from the requirements of
Section 1798.18 of the Civil Code if compliance would cause a delay in
providing an expedited response to the child protective agency’s inquiry and if
further delay in placement may be detrimental to the child.
(d) The department shall make available any information maintained
pursuant to subdivision (a) to out-of-state law enforcement agencies conduct186

ing investigations of known or suspected child abuse or neglect only when an
agency makes the request for information in writing and on official letterhead,
or as designated by the department, identifying the suspected abuser or victim
by name and date of birth or approximate age. The request shall be signed by
the department supervisor of the requesting law enforcement agency. The
written requests shall cite the out-of-state statute or interstate compact
provision that requires that the information contained within these reports
shall be disclosed only to law enforcement, prosecutorial entities, or multidisciplinary investigative teams, and shall cite the safeguards in place to prevent
unlawful disclosure of any confidential information provided by the requesting
state or the applicable interstate compact provision.
(e)(1) The department shall make available to an out-of-state agency, for
purposes of approving a prospective foster or adoptive parent in compliance
with the Adam Walsh Child Protection and Safety Act of 2006 (Public Law
109-248), information regarding a known or suspected child abuser maintained pursuant to subdivision (a) concerning the prospective foster or adoptive parent, and any other adult living in the home of the prospective foster or
adoptive parent. The department shall make that information available only
when the out-of-state agency makes the request indicating that continual
compliance will be maintained with the requirement in paragraph (20) of
subsection (a) of Section 671 of Title 42 of the United States Code that requires
the state to have in place safeguards to prevent the unauthorized disclosure of
information in any child abuse and neglect registry maintained by the state
and prevent the information from being used for a purpose other than the
conducting of background checks in foster or adoption placement cases.
(2) With respect to any information provided by the department in response
to the out-of-state agency’s request, the out-of-state agency is responsible for
obtaining the original investigative report from the reporting agency, and for
drawing independent conclusions regarding the quality of the evidence disclosed and its sufficiency for making decisions regarding the approval of
prospective foster or adoptive parents.
(3)(A) Whenever information contained in the index is furnished pursuant
to this subdivision, the department shall charge the out-of-state agency
making the request a fee. The fee shall not exceed the reasonable costs to the
department of providing the information. The only increase shall be at a rate
not to exceed the legislatively approved cost-of-living adjustment for the
department. In no case shall the fee exceed fifteen dollars ($15).
(B) All moneys received by the department pursuant to this subdivision
shall be deposited in the Department of Justice Child Abuse Fund, established
under subparagraph (B) of paragraph (12) of subdivision (b). Moneys in the
fund shall be available, upon appropriation by the Legislature, for expenditure
by the department to offset the costs incurred to process requests for information pursuant to this subdivision.
(f)(1) Any person may determine if he or she is listed in the CACI by making
a request in writing to the Department of Justice. The request shall be
notarized and include the person’s name, address, date of birth, and either a
social security number or a California identification number. Upon receipt of a
notarized request, the Department of Justice shall make available to the
requesting person information identifying the date of the report and the
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submitting agency. The requesting person is responsible for obtaining the
investigative report from the submitting agency pursuant to paragraph (11) of
subdivision (b) of Section 11167.5.
(2) No person or agency shall require or request another person to furnish a
copy of a record concerning himself or herself, or notification that a record
concerning himself or herself exists or does not exist, pursuant to paragraph
(1).
(g) If a person is listed in the CACI only as a victim of child abuse or neglect,
and that person is 18 years of age or older, that person may have his or her
name removed from the index by making a written request to the Department
of Justice. The request shall be notarized and include the person’s name,
address, social security number, and date of birth.

Penal Code

Added Stats 1980 ch 1071 § 4. Amended Stats 1981 ch 435 § 5, effective September 12, 1981; Stats
1982 ch 162 § 3, effective April 26, 1982; Stats 1984 ch 1613 § 3, effective September 30, 1984; Stats
1985 ch 1598 § 8.5; Stats 1986 ch 1496 § 3; Stats 1987 ch 82 § 4, effective June 30, 1987; Stats 1989
ch 153 § 2; Stats 1990 ch 1330 § 2 (SB 2788), ch 1363 § 15.7 (AB 3532), operative July 1, 1991; Stats
1992 ch 163 § 113 (AB 2641), operative January 1, 1994 (ch 1338 prevails), ch 1338 § 2 (SB 1184);
Stats 1993 ch 219 § 221.1 (AB 1500); Stats 1996 ch 1081 § 5 (AB 3354); Stats 1997 ch 842 § 6 (SB
644), ch 843 § 5 (AB 753), ch 844 § 2.5 (AB 1065); Stats 1999 ch 475 § 8 (SB 654); Stats 2000 ch 916
§ 28 (AB 1241); Stats 2001 ch 133 § 15 (AB 102), effective July 31, 2001; Stats 2004 ch 842 § 18 (SB
1313); Stats 2005 ch 279 § 18 (SB 1107), effective January 1, 2006; Stats 2006 ch 701 § 6 (AB 525),
effective January 1, 2007; Stats 2007 ch 160 § 2 (AB 369), effective January 1, 2008, ch 583 § 19.5 (SB
703), effective January 1, 2008; Stats 2008 ch 553 § 1 (AB 2618), effective January 1, 2009, ch 701
§ 10 (AB 2651), effective September 30, 2008, operative until January 1, 2009, § 10.2 (AB 2651),
effective September 30, 2008, operative January 1, 2009; Stats 2009 ch 91 § 1 (AB 247), effective
January 1, 2010; Stats 2010 ch 328 § 178 (SB 1330), effective January 1, 2011; Stats 2011 ch 459
§ 4.3 (AB 212), effective October 4, 2011, ch 468 § 3.5 (AB 717), effective January 1, 2012; Stats 2012
ch 846 § 6 (AB 1712), effective January 1, 2013, ch 848 § 2.5 (AB 1707), effective January 1, 2013;
Stats 2014 ch 772 § 7 (SB 1460), effective January 1, 2015.

§ 11171.5. Peace officer’s application for order directing X–rays of
suspected child abuse or neglect victim
(a) If a peace officer, in the course of an investigation of child abuse or
neglect, has reasonable cause to believe that the child has been the victim of
physical abuse, the officer may apply to a magistrate for an order directing that
the victim be X–rayed without parental consent.
Any X–ray taken pursuant to this subdivision shall be administered by a
physician and surgeon or dentist or their agents.
(b) With respect to the cost of an X–ray taken by the county coroner or at the
request of the county coroner in suspected child abuse or neglect cases, the
county may charge the parent or legal guardian of the child–victim the costs
incurred by the county for the X–ray.
(c) No person who administers an X–ray pursuant to this section shall be
entitled to reimbursement from the county for any administrative cost that
exceeds 5 percent of the cost of the X–ray.
Added Stats 1985 ch 317 § 1. Amended Stats 2000 ch 916 § 30 (AB 1241).

§ 11172. Liability of person making report; Reimbursement by state
of attorney fees incurred in defending action
(a) No mandated reporter shall be civilly or criminally liable for any report
required or authorized by this article, and this immunity shall apply even if
the mandated reporter acquired the knowledge or reasonable suspicion of child
abuse or neglect outside of his or her professional capacity or outside the scope
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of his or her employment. Any other person reporting a known or suspected
instance of child abuse or neglect shall not incur civil or criminal liability as a
result of any report authorized by this article unless it can be proven that a
false report was made and the person knew that the report was false or was
made with reckless disregard of the truth or falsity of the report, and any
person who makes a report of child abuse or neglect known to be false or with
reckless disregard of the truth or falsity of the report is liable for any damages
caused. No person required to make a report pursuant to this article, nor any
person taking photographs at his or her direction, shall incur any civil or
criminal liability for taking photographs of a suspected victim of child abuse or
neglect, or causing photographs to be taken of a suspected victim of child abuse
or neglect, without parental consent, or for disseminating the photographs,
images, or material with the reports required by this article. However, this
section shall not be construed to grant immunity from this liability with
respect to any other use of the photographs.
(b) Any person, who, pursuant to a request from a government agency
investigating a report of suspected child abuse or neglect, provides the
requesting agency with access to the victim of a known or suspected instance
of child abuse or neglect shall not incur civil or criminal liability as a result of
providing that access.
(c) Any commercial computer technician, and any employer of any commercial computer technician, who, pursuant to a warrant from a law enforcement
agency investigating a report of suspected child abuse or neglect, provides the
law enforcement agency with a computer or computer component which
contains possible evidence of a known or suspected instance of child abuse or
neglect, shall not incur civil or criminal liability as a result of providing that
computer or computer component to the law enforcement agency.
(d)(1) The Legislature finds that even though it has provided immunity from
liability to persons required or authorized to make reports pursuant to this
article, that immunity does not eliminate the possibility that actions may be
brought against those persons based upon required or authorized reports. In
order to further limit the financial hardship that those persons may incur as a
result of fulfilling their legal responsibilities, it is necessary that they not be
unfairly burdened by legal fees incurred in defending those actions. Therefore,
a mandated reporter may present a claim to the California Victim Compensation and Government Claims Board for reasonable attorney’s fees and costs
incurred in any action against that person on the basis of making a report
required or authorized by this article if the court has dismissed the action upon
a demurrer or motion for summary judgment made by that person, or if he or
she prevails in the action. The California Victim Compensation and Government Claims Board shall allow that claim if the requirements of this subdivision are met, and the claim shall be paid from an appropriation to be made for
that purpose. Attorney’s fees awarded pursuant to this section shall not exceed
an hourly rate greater than the rate charged by the Attorney General of the
State of California at the time the award is made and shall not exceed an
aggregate amount of fifty thousand dollars ($50,000).
(2) This subdivision shall not apply if a public entity has provided for the
defense of the action pursuant to Section 995 of the Government Code.
(e) A court may award attorney’s fees and costs to a commercial film and
photographic print processor when a suit is brought against the processor
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because of a disclosure mandated by this article and the court finds this suit to
be frivolous.
Added Stats 1980 ch 1071 § 4. Amended Stats 1981 ch 135 § 1, effective July 1, 1981, ch 435 § 6,
effective September 12, 1981; Stats 1984 ch 1170 § 2, ch 1703 § 2, ch 1718 § 3; Stats 1985 ch 1598
§ 9; Stats 1986 ch 553 § 1; Stats 1987 ch 1459 § 23; Stats 1992 ch 459 § 5 (SB 1695); Stats 1993 ch
510 § 3 (SB 665); Stats 1996 ch 1081 § 6 (AB 3354); Stats 2000 ch 916 § 31 (AB 1241); Stats 2001
ch 133 § 16 (AB 102), effective July 31, 2001; Stats 2004 ch 842 § 21 (SB 1313); Stats 2006 ch 538
§ 525 (SB 1852), effective January 1, 2007; Stats 2012 ch 521 § 3 (AB 1817), effective January 1,
2013.

§ 11174. Guidelines for investigation of abuse in out–of–home care
The Department of Justice, in cooperation with the State Department of
Social Services, shall prescribe by regulation guidelines for the investigation of
abuse in out–of–home care, as defined in Section 11165.5, and shall ensure that
the investigation is conducted in accordance with the regulations and guidelines.
Added Stats 1980 ch 1071 § 4. Amended Stats 1981 ch 435 § 7, effective September 12, 1981; Stats
1982 ch 162 § 4, effective April 26, 1982; Stats 1985 ch 1528 § 3; Stats 1988 ch 269 § 5.

Penal Code

§ 11174.1. Guidelines for investigation of child abuse or neglect in
day care facilities
(a) The Department of Justice, in cooperation with the State Department of
Social Services, shall prescribe by regulation guidelines for the investigation of
child abuse or neglect, as defined in Section 11165.6, in facilities licensed to
care for children, and shall ensure that the investigation is conducted in
accordance with the regulations and guidelines.
(b) For community treatment facilities, day treatment facilities, group
homes, and foster family agencies, the State Department of Social Services
shall prescribe the following regulations:
(1) Regulations designed to assure that all licensees and employees of
community treatment facilities, day treatment facilities, group homes, and
foster family agencies licensed to care for children have had appropriate
training, as determined by the State Department of Social Services, in
consultation with representatives of licensees, on the provisions of this article.
(2) Regulations designed to assure the community treatment facilities, day
treatment facilities, group homes, and foster family agencies licensed to care
for children maintain a written protocol for the investigation and reporting of
child abuse or neglect, as defined in Section 11165.6, alleged to have occurred
involving a child placed in the facility.
(c) The State Department of Social Services shall provide such orientation
and training as it deems necessary to assure that its officers, employees, or
agents who conduct inspections of facilities licensed to care for children are
knowledgeable about the reporting requirements of this article and have
adequate training to identify conditions leading to, and the signs of, child
abuse or neglect, as defined in Section 11165.6.
Added Stats 1985 ch 1593 § 5, effective October 2, 1985. Amended Stats 1988 ch 269 § 6; Stats 1989
ch 1053 § 2, effective September 29, 1989; Stats 2000 ch 916 § 32 (AB 1241).

§ 11174.3. Interview with suspected victim of child abuse or neglect
at school; Presence of school staff member at interview;
Confidentiality; Notification of requirements
(a) Whenever a representative of a government agency investigating suspected child abuse or neglect or the State Department of Social Services deems
190

it necessary, a suspected victim of child abuse or neglect may be interviewed
during school hours, on school premises, concerning a report of suspected child
abuse or neglect that occurred within the child’s home or out–of–home care
facility. The child shall be afforded the option of being interviewed in private or
selecting any adult who is a member of the staff of the school, including any
certificated or classified employee or volunteer aide, to be present at the
interview. A representative of the agency investigating suspected child abuse
or neglect or the State Department of Social Services shall inform the child of
that right prior to the interview.
The purpose of the staff person’s presence at the interview is to lend support
to the child and enable him or her to be as comfortable as possible. However,
the member of the staff so elected shall not participate in the interview. The
member of the staff so present shall not discuss the facts or circumstances of
the case with the child. The member of the staff so present, including, but not
limited to, a volunteer aide, is subject to the confidentiality requirements of
this article, a violation of which is punishable as specified in Section 11167.5.
A representative of the school shall inform a member of the staff so selected by
a child of the requirements of this section prior to the interview. A staff member
selected by a child may decline the request to be present at the interview. If the
staff person selected agrees to be present, the interview shall be held at a time
during school hours when it does not involve an expense to the school. Failure
to comply with the requirements of this section does not affect the admissibility
of evidence in a criminal or civil proceeding.
(b) The Superintendent of Public Instruction shall notify each school district
and each agency specified in Section 11165.9 to receive mandated reports, and
the State Department of Social Services shall notify each of its employees who
participate in the investigation of reports of child abuse or neglect, of the
requirements of this section.
Added Stats 1987 ch 640 § 2. Amended Stats 1998 ch 311 § 51 (SB 933), effective August 19, 1998;
Stats 2000 ch 916 § 33 (AB 1241).

ARTICLE 2.6
Child Death Review Teams
§ 11174.32. Interagency child death teams; Autopsy protocols;
Records exempt from disclosure; Report
(a) Each county may establish an interagency child death review team to
assist local agencies in identifying and reviewing suspicious child deaths and
facilitating communication among persons who perform autopsies and the
various persons and agencies involved in child abuse or neglect cases. Interagency child death review teams have been used successfully to ensure that
incidents of child abuse or neglect are recognized and other siblings and
nonoffending family members receive the appropriate services in cases where
a child has expired.
(b) Each county may develop a protocol that may be used as a guideline by
persons performing autopsies on children to assist coroners and other persons
who perform autopsies in the identification of child abuse or neglect, in the
determination of whether child abuse or neglect contributed to death or
whether child abuse or neglect had occurred prior to but was not the actual
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cause of death, and in the proper written reporting procedures for child abuse
or neglect, including the designation of the cause and mode of death.
(c) In developing an interagency child death review team and an autopsy
protocol, each county, working in consultation with local members of the
California State Coroner’s Association and county child abuse prevention
coordinating councils, may solicit suggestions and final comments from persons, including, but not limited to, the following:
(1) Experts in the field of forensic pathology.
(2) Pediatricians with expertise in child abuse.
(3) Coroners and medical examiners.
(4) Criminologists.
(5) District attorneys.
(6) Child protective services staff.
(7) Law enforcement personnel.
(8) Representatives of local agencies which are involved with child abuse or
neglect reporting.
(9) County health department staff who deals with children’s health issues.
(10) Local professional associations of persons described in paragraphs (1)
to (9), inclusive.
(d) Records exempt from disclosure to third parties pursuant to state or
federal law shall remain exempt from disclosure when they are in the
possession of a child death review team.
(e)(1) No less than once each year, each child death review team shall make
available to the public findings, conclusions and recommendations of the team,
including aggregate statistical data on the incidences and causes of child
deaths.
(2) In its report, the child death review team shall withhold the last name
of the child that is subject to a review or the name of the deceased child’s
siblings unless the name has been publicly disclosed or is required to be
disclosed by state law, federal law, or court order.
Added Stats 1988 ch 1580 § 3, as Pen C § 11166.7. Amended Stats 2000 ch 916 § 21 (AB 1241); Stats
2001 ch 133 § 10 (AB 102), effective July 31, 2001. Amended and renumbered by Stats 2004 ch 842
§ 11 (SB 1313). Amended Stats 2006 ch 813 § 1 (SB 1668), effective January 1, 2007.

§ 11174.33. Protocol for development and implementation of
interagency child death teams
Subject to available funding, the Attorney General, working with the
California Consortium of Child Abuse Councils, shall develop a protocol for the
development and implementation of interagency child death teams for use by
counties, which shall include relevant procedures for both urban and rural
counties. The protocol shall be designed to facilitate communication among
persons who perform autopsies and the various persons and agencies involved
in child abuse or neglect cases so that incidents of child abuse or neglect are
recognized and other siblings and nonoffending family members receive the
appropriate services in cases where a child has expired. The protocol shall be
completed on or before January 1, 1991.
Added Stats 1988 ch 1580 § 4. Amended Stats 2000 ch 916 § 22 (AB 1241). Renumbered by Stats
2004 ch 842 § 12 (SB 1313).

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DIVISION 5
Community Mental Health Services
PART 1
The Lanterman–Petris–Short Act
CHAPTER 2
Involuntary Treatment

§ 5150. Detention upon probable cause; Assessment; Alternative services; Application for admission; Personal property of person taken
into custody; Advisement, record of advisement
(a) When a person, as a result of a mental health disorder, is a danger to
others, or to himself or herself, or gravely disabled, a peace officer, professional
person in charge of a facility designated by the county for evaluation and
treatment, member of the attending staff, as defined by regulation, of a facility
designated by the county for evaluation and treatment, designated members of
a mobile crisis team, or professional person designated by the county may,
upon probable cause, take, or cause to be taken, the person into custody for a
period of up to 72 hours for assessment, evaluation, and crisis intervention, or
placement for evaluation and treatment in a facility designated by the county
for evaluation and treatment and approved by the State Department of Health
Care Services. At a minimum, assessment, as defined in Section 5150.4, and
evaluation, as defined in subdivision (a) of Section 5008, shall be conducted
and provided on an ongoing basis. Crisis intervention, as defined in subdivision
(e) of Section 5008, may be provided concurrently with assessment, evaluation,
or any other service.
(b) The professional person in charge of a facility designated by the county
for evaluation and treatment, member of the attending staff, or professional
person designated by the county shall assess the person to determine whether
he or she can be properly served without being detained. If in the judgment of
the professional person in charge of the facility designated by the county for
evaluation and treatment, member of the attending staff, or professional
person designated by the county, the person can be properly served without
being detained, he or she shall be provided evaluation, crisis intervention, or
other inpatient or outpatient services on a voluntary basis. Nothing in this
subdivision shall be interpreted to prevent a peace officer from delivering
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Detention of Mentally Disordered Persons for
Evaluation and Treatment

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Misc.

individuals to a designated facility for assessment under this section. Furthermore, the assessment requirement of this subdivision shall not be interpreted
to require peace officers to perform any additional duties other than those
specified in Sections 5150.1 and 5150.2.
(c) Whenever a person is evaluated by a professional person in charge of a
facility designated by the county for evaluation or treatment, member of the
attending staff, or professional person designated by the county and is found to
be in need of mental health services, but is not admitted to the facility, all
available alternative services provided pursuant to subdivision (b) shall be
offered as determined by the county mental health director.
(d) If, in the judgment of the professional person in charge of the facility
designated by the county for evaluation and treatment, member of the
attending staff, or the professional person designated by the county, the person
cannot be properly served without being detained, the admitting facility shall
require an application in writing stating the circumstances under which the
person’s condition was called to the attention of the peace officer, professional
person in charge of the facility designated by the county for evaluation and
treatment, member of the attending staff, or professional person designated by
the county, and stating that the peace officer, professional person in charge of
the facility designated by the county for evaluation and treatment, member of
the attending staff, or professional person designated by the county has
probable cause to believe that the person is, as a result of a mental health
disorder, a danger to others, or to himself or herself, or gravely disabled. If the
probable cause is based on the statement of a person other than the peace
officer, professional person in charge of the facility designated by the county for
evaluation and treatment, member of the attending staff, or professional
person designated by the county, the person shall be liable in a civil action for
intentionally giving a statement which he or she knows to be false.
(e) At the time a person is taken into custody for evaluation, or within a
reasonable time thereafter, unless a responsible relative or the guardian or
conservator of the person is in possession of the person’s personal property, the
person taking him or her into custody shall take reasonable precautions to
preserve and safeguard the personal property in the possession of or on the
premises occupied by the person. The person taking him or her into custody
shall then furnish to the court a report generally describing the person’s
property so preserved and safeguarded and its disposition, in substantially the
form set forth in Section 5211, except that if a responsible relative or the
guardian or conservator of the person is in possession of the person’s property,
the report shall include only the name of the relative or guardian or conservator and the location of the property, whereupon responsibility of the person
taking him or her into custody for that property shall terminate. As used in
this section, “responsible relative” includes the spouse, parent, adult child,
domestic partner, grandparent, grandchild, or adult brother or sister of the
person.
(f)(1) Each person, at the time he or she is first taken into custody under this
section, shall be provided, by the person who takes him or her into custody, the
following information orally in a language or modality accessible to the person.
If the person cannot understand an oral advisement, the information shall be
provided in writing. The information shall be in substantially the following
form:
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My name is

.

I am a
(peace officer/mental health professional)
with
(name of agency)
You are not under criminal arrest, but I am taking you for an examination by
mental health professionals at
.

You will be told your rights by the mental health staff.
(2) If taken into custody at his or her own residence, the person shall also be
provided the following information:
You may bring a few personal items with you, which I will have to approve.
Please inform me if you need assistance turning off any appliance or water. You
may make a phone call and leave a note to tell your friends or family where you
have been taken.
(g) The designated facility shall keep, for each patient evaluated, a record of
the advisement given pursuant to subdivision (f) which shall include all of the
following:
(1) The name of the person detained for evaluation.
(2) The name and position of the peace officer or mental health professional
taking the person into custody.
(3) The date the advisement was completed.
(4) Whether the advisement was completed.
(5) The language or modality used to give the advisement.
(6) If the advisement was not completed, a statement of good cause, as
defined by regulations of the State Department of Health Care Services.
(h)(1) Each person admitted to a facility designated by the county for
evaluation and treatment shall be given the following information by admission staff of the facility. The information shall be given orally and in writing
and in a language or modality accessible to the person. The written information shall be available to the person in English and in the language that is the
person’s primary means of communication. Accommodations for other disabilities that may affect communication shall also be provided. The information
shall be in substantially the following form:
My name is

.

My position here is

.

You are being placed into this psychiatric facility because it is our professional opinion that, as a result of a mental health disorder, you are likely to
(check applicable):
□ Harm yourself.
□ Harm someone else.
□ Be unable to take care of your own food, clothing, and housing needs.
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(name of facility)

BOARD OF PSYCHOLOGY
We believe this is true because

(list of the facts upon which the allegation of dangerous
or gravely disabled due to mental health disorder is based, including
pertinent facts arising from the admission interview).
You will be held for a period up to 72 hours. During the 72 hours you may
also be transferred to another facility. You may request to be evaluated or
treated at a facility of your choice. You may request to be evaluated or treated
by a mental health professional of your choice. We cannot guarantee the
facility or mental health professional you choose will be available, but we will
honor your choice if we can.
During these 72 hours you will be evaluated by the facility staff, and you
may be given treatment, including medications. It is possible for you to be
released before the end of the 72 hours. But if the staff decides that you need
continued treatment you can be held for a longer period of time. If you are held
longer than 72 hours, you have the right to a lawyer and a qualified interpreter
and a hearing before a judge. If you are unable to pay for the lawyer, then one
will be provided to you free of charge.
If you have questions about your legal rights, you may contact the county
Patients’ Rights Advocate at
(phone number for the county Patients’ Rights Advocacy office)
Your 72-hour period began

Misc.

(date/time) .
(2) If the notice is given in a county where weekends and holidays are
excluded from the 72-hour period, the patient shall be informed of this fact.
(i) For each patient admitted for evaluation and treatment, the facility shall
keep with the patient’s medical record a record of the advisement given
pursuant to subdivision (h), which shall include all of the following:
(1) The name of the person performing the advisement.
(2) The date of the advisement.
(3) Whether the advisement was completed.
(4) The language or modality used to communicate the advisement.
(5) If the advisement was not completed, a statement of good cause.
Added Stats 1967 ch 1667 § 36, operative July 1, 1969. Amended Stats 1968 ch 1374 § 16, operative
July 1, 1969; Stats 1970 ch 516 § 7; Stats 1971 ch 1593 § 368, operative July 1, 1973; Stats 1975 ch
960 § 2; Stats 1977 ch 1252 § 554, operative July 1, 1978; Stats 1980 ch 968 § 1; Stats 2012 ch 34
§ 79 (SB 1009), effective June 27, 2012; Stats 2013 ch 23 § 31 (AB 82), effective June 27, 2013, ch 567
§ 5 (SB 364), effective January 1, 2014.

ARTICLE 4
Certification for Intensive Treatment
§ 5250. Conditions for certification
If a person is detained for 72 hours under the provisions of Article 1
(commencing with Section 5150), or under court order for evaluation pursuant
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to Article 2 (commencing with Section 5200) or Article 3 (commencing with
Section 5225) and has received an evaluation, he or she may be certified for not
more than 14 days of intensive treatment related to the mental health disorder
or impairment by chronic alcoholism, under the following conditions:
(a) The professional staff of the agency or facility providing evaluation
services has analyzed the person’s condition and has found the person is, as a
result of a mental health disorder or impairment by chronic alcoholism, a
danger to others, or to himself or herself, or gravely disabled.
(b) The facility providing intensive treatment is designated by the county to
provide intensive treatment, and agrees to admit the person. No facility shall
be designated to provide intensive treatment unless it complies with the
certification review hearing required by this article. The procedures shall be
described in the county Short-Doyle plan as required by Section 5651.3.
(c) The person has been advised of the need for, but has not been willing or
able to accept, treatment on a voluntary basis.
(d)(1) Notwithstanding paragraph (1) of subdivision (h) of Section 5008, a
person is not “gravely disabled” if that person can survive safely without
involuntary detention with the help of responsible family, friends, or others
who are both willing and able to help provide for the person’s basic personal
needs for food, clothing, or shelter.
(2) However, unless they specifically indicate in writing their willingness
and ability to help, family, friends, or others shall not be considered willing or
able to provide this help.
(3) The purpose of this subdivision is to avoid the necessity for, and the
harmful effects of, requiring family, friends, and others to publicly state, and
requiring the certification review officer to publicly find, that no one is willing
or able to assist a person with a mental health disorder in providing for the
person’s basic needs for food, clothing, or shelter.

ARTICLE 7
Legal and Civil Rights of Persons Involuntarily
Detained
§ 5325. Enumeration; Posting
Each person involuntarily detained for evaluation or treatment under
provisions of this part, and each person admitted as a voluntary patient for
psychiatric evaluation or treatment to any health facility, as defined in Section
1250 of the Health and Safety Code, in which psychiatric evaluation or
treatment is offered, shall have the following rights, a list of which shall be
prominently posted in the predominant languages of the community and
explained in a language or modality accessible to the patient in all facilities
providing those services, and otherwise brought to his or her attention by any
additional means as the Director of Health Care Services may designate by
regulation. Each person committed to a state hospital shall also have the
following rights, a list of which shall be prominently posted in the predominant
languages of the community and explained in a language or modality accessible to the patient in all facilities providing those services and otherwise
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Added Stats 1982 ch 1598 § 4. Amended Stats 1989 ch 999 § 1; Stats 2014 ch 144 § 89 (AB 1847),
effective January 1, 2015.

BOARD OF PSYCHOLOGY

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brought to his or her attention by any additional means as the Director of State
Hospitals may designate by regulation:
(a) To wear his or her own clothes; to keep and use his or her own personal
possessions including his or her toilet articles; and to keep and be allowed to
spend a reasonable sum of his or her own money for canteen expenses and
small purchases.
(b) To have access to individual storage space for his or her private use.
(c) To see visitors each day.
(d) To have reasonable access to telephones, both to make and receive
confidential calls or to have such calls made for them.
(e) To have ready access to letterwriting materials, including stamps, and to
mail and receive unopened correspondence.
(f) To refuse convulsive treatment including, but not limited to, any electroconvulsive treatment, any treatment of the mental condition which depends on
the induction of a convulsion by any means, and insulin coma treatment.
(g) To refuse psychosurgery. Psychosurgery is defined as those operations
currently referred to as lobotomy, psychiatric surgery, and behavioral surgery,
and all other forms of brain surgery if the surgery is performed for the purpose
of any of the following:
(1) Modification or control of thoughts, feelings, actions, or behavior rather
than the treatment of a known and diagnosed physical disease of the brain.
(2) Modification of normal brain function or normal brain tissue in order to
control thoughts, feelings, actions, or behavior.
(3) Treatment of abnormal brain function or abnormal brain tissue in order
to modify thoughts, feelings, actions or behavior when the abnormality is not
an established cause for those thoughts, feelings, actions, or behavior.
Psychosurgery does not include prefrontal sonic treatment wherein there is
no destruction of brain tissue. The Director of Health Care Services and the
Director of State Hospitals shall promulgate appropriate regulations to assure
adequate protection of patients’ rights in such treatment.
(h) To see and receive the services of a patient advocate who has no direct or
indirect clinical or administrative responsibility for the person receiving
mental health services.
(i) Other rights, as specified by regulation.
Each patient shall also be given notification in a language or modality
accessible to the patient of other constitutional and statutory rights which are
found by the State Department of Health Care Services and the State
Department of State Hospitals to be frequently misunderstood, ignored, or
denied.
Upon admission to a facility each patient, involuntarily detained for evaluation or treatment under provisions of this part, or as a voluntary patient for
psychiatric evaluation or treatment to a health facility, as defined in Section
1250 of the Health and Safety Code, in which psychiatric evaluation or
treatment is offered, shall immediately be given a copy of a State Department
of Health Care Services prepared patients’ rights handbook. Each person
committed to a state hospital, upon admission, shall immediately be given a
copy of a State Department of State Hospitals prepared patients’ rights
handbook.
The State Department of Health Care Services and the State Department of
State Hospitals shall prepare and provide the forms specified in this section.
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WELFARE AND INSTITUTIONS CODE
The State Department of Health Care Services shall prepare and provide the
forms specified in Section 5157.
The rights specified in this section may not be waived by the person’s parent,
guardian, or conservator.

§ 5325.1. Protection of legal rights and responsibilities
Persons with mental illness have the same legal rights and responsibilities
guaranteed all other persons by the Federal Constitution and laws and the
Constitution and laws of the State of California, unless specifically limited by
federal or state law or regulations. No otherwise qualified person by reason of
having been involuntarily detained for evaluation or treatment under provisions of this part or having been admitted as a voluntary patient to any health
facility, as defined in Section 1250 of the Health and Safety Code, in which
psychiatric evaluation or treatment is offered shall be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any
program or activity, which receives public funds.
It is the intent of the legislature that persons with mental illness shall have
rights including, but not limited to, the following:
(a) A right to treatment services which promote the potential of the person
to function independently. Treatment should be provided in ways that are least
restrictive of the personal liberty of the individual.
(b) A right to dignity, privacy, and humane care.
(c) A right to be free from harm, including unnecessary or excessive physical
restraint, isolation, medication, abuse, or neglect. Medication shall not be used
as punishment, for the convenience of staff, as a substitute for program, or in
quantities that interfere with the treatment program.
(d) A right to prompt medical care and treatment.
(e) A right to religious freedom and practice.
(f) A right to participate in appropriate programs of publicly supported
education.
(g) A right to social interaction and participation in community activities.
(h) A right to physical exercise and recreational opportunities.
(i) A right to be free from hazardous procedures.
Added Stats 1978 ch 1320 § 1.

§ 5328. Confidentiality of records; Authorized disclosures
All information and records obtained in the course of providing services
under Division 4 (commencing with Section 4000), Division 4.1 (commencing
with Section 4400), Division 4.5 (commencing with Section 4500), Division 5
(commencing with Section 5000), Division 6 (commencing with Section 6000),
or Division 7 (commencing with Section 7100), to either voluntary or involuntary recipients of services shall be confidential. Information and records
obtained in the course of providing similar services to either voluntary or
involuntary recipients prior to 1969 shall also be confidential. Information and
records shall be disclosed only in any of the following cases:
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Added Stats 1972 ch 1055 § 3, operative July 1, 1973. Amended Stats 1974 ch 1534 § 1; Stats 1976
ch 1109 § 1.5; Stats 1977 ch 1021 § 2; Stats 1978 ch 429 § 206, effective July 17, 1978, operative July
1, 1978; Stats 1981 ch 841 § 2; Stats 2012 ch 34 § 85 (SB 1009), effective June 27, 2012 (ch 34
prevails), ch 448 § 52 (AB 2370), effective January 1, 2013, ch 457 § 52 (SB 1381), effective January
1, 2013.

BOARD OF PSYCHOLOGY

Misc.

(a) In communications between qualified professional persons in the provision of services or appropriate referrals, or in the course of conservatorship
proceedings. The consent of the patient, or his or her guardian or conservator,
shall be obtained before information or records may be disclosed by a
professional person employed by a facility to a professional person not
employed by the facility who does not have the medical or psychological
responsibility for the patient’s care.
(b) When the patient, with the approval of the physician and surgeon,
licensed psychologist, social worker with a master’s degree in social work,
licensed marriage and family therapist, or licensed professional clinical
counselor, who is in charge of the patient, designates persons to whom
information or records may be released, except that nothing in this article shall
be construed to compel a physician and surgeon, licensed psychologist, social
worker with a master’s degree in social work, licensed marriage and family
therapist, licensed professional clinical counselor, nurse, attorney, or other
professional person to reveal information that has been given to him or her in
confidence by members of a patient’s family. Nothing in this subdivision shall
be construed to authorize a licensed marriage and family therapist or licensed
professional clinical counselor to provide services or to be in charge of a
patient’s care beyond his or her lawful scope of practice.
(c) To the extent necessary for a recipient to make a claim, or for a claim to
be made on behalf of a recipient for aid, insurance, or medical assistance to
which he or she may be entitled.
(d) If the recipient of services is a minor, ward, dependent, or conservatee,
and his or her parent, guardian, guardian ad litem, conservator, or authorized
representative designates, in writing, persons to whom records or information
may be disclosed, except that nothing in this article shall be construed to
compel a physician and surgeon, licensed psychologist, social worker with a
master’s degree in social work, licensed marriage and family therapist,
licensed professional clinical counselor, nurse, attorney, or other professional
person to reveal information that has been given to him or her in confidence by
members of a patient’s family.
(e) For research, provided that the Director of Health Care Services, the
Director of State Hospitals, the Director of Social Services, or the Director of
Developmental Services designates by regulation, rules for the conduct of
research and requires the research to be first reviewed by the appropriate
institutional review board or boards. The rules shall include, but need not be
limited to, the requirement that all researchers shall sign an oath of confidentiality as follows:

Date
As a condition of doing research concerning persons who have received
services from
(fill in the facility, agency or person), I,
, agree to obtain the prior informed consent of such persons
who have received services to the maximum degree possible as determined by
the appropriate institutional review board or boards for protection of human
subjects reviewing my research, and I further agree not to divulge any
information obtained in the course of such research to unauthorized persons,
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and not to publish or otherwise make public any information regarding
persons who have received services such that the person who received services
is identifiable.
I recognize that the unauthorized release of confidential information may
make me subject to a civil action under provisions of the Welfare and
Institutions Code.
(f) To the courts, as necessary to the administration of justice.
(g) To governmental law enforcement agencies as needed for the protection
of federal and state elective constitutional officers and their families.
(h) To the Senate Committee on Rules or the Assembly Committee on Rules
for the purposes of legislative investigation authorized by the committee.
(i) If the recipient of services who applies for life or disability insurance
designates in writing the insurer to which records or information may be
disclosed.
(j) To the attorney for the patient in any and all proceedings upon presentation of a release of information signed by the patient, except that when the
patient is unable to sign the release, the staff of the facility, upon satisfying
itself of the identity of the attorney, and of the fact that the attorney does
represent the interests of the patient, may release all information and records
relating to the patient except that nothing in this article shall be construed to
compel a physician and surgeon, licensed psychologist, social worker with a
master’s degree in social work, licensed marriage and family therapist,
licensed professional clinical counselor, nurse, attorney, or other professional
person to reveal information that has been given to him or her in confidence by
members of a patient’s family.
(k) Upon written agreement by a person previously confined in or otherwise
treated by a facility, the professional person in charge of the facility or his or
her designee may release any information, except information that has been
given in confidence by members of the person’s family, requested by a
probation officer charged with the evaluation of the person after his or her
conviction of a crime if the professional person in charge of the facility
determines that the information is relevant to the evaluation. The agreement
shall only be operative until sentence is passed on the crime of which the
person was convicted. The confidential information released pursuant to this
subdivision shall be transmitted to the court separately from the probation
report and shall not be placed in the probation report. The confidential
information shall remain confidential except for purposes of sentencing. After
sentencing, the confidential information shall be sealed.
(l)(1) Between persons who are trained and qualified to serve on multidisciplinary personnel teams pursuant to subdivision (d) of Section 18951. The
information and records sought to be disclosed shall be relevant to the
provision of child welfare services or the investigation, prevention, identification, management, or treatment of child abuse or neglect pursuant to Chapter
11 (commencing with Section 18950) of Part 6 of Division 9. Information
obtained pursuant to this subdivision shall not be used in any criminal or
delinquency proceeding. Nothing in this subdivision shall prohibit evidence
identical to that contained within the records from being admissible in a
criminal or delinquency proceeding, if the evidence is derived solely from
means other than this subdivision, as permitted by law.
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(2) As used in this subdivision, “child welfare services” means those services
that are directed at preventing child abuse or neglect.
(m) To county patients’ rights advocates who have been given knowing
voluntary authorization by a client or a guardian ad litem. The client or
guardian ad litem, whoever entered into the agreement, may revoke the
authorization at any time, either in writing or by oral declaration to an
approved advocate.
(n) To a committee established in compliance with Section 14725.
(o) In providing information as described in Section 7325.5. Nothing in this
subdivision shall permit the release of any information other than that
described in Section 7325.5.
(p) To the county mental health director or the director’s designee, or to a
law enforcement officer, or to the person designated by a law enforcement
agency, pursuant to Sections 5152.1 and 5250.1.
(q) If the patient gives his or her consent, information specifically pertaining
to the existence of genetically handicapping conditions, as defined in Section
125135 of the Health and Safety Code, may be released to qualified professional persons for purposes of genetic counseling for blood relatives upon
request of the blood relative. For purposes of this subdivision, “qualified
professional persons” means those persons with the qualifications necessary to
carry out the genetic counseling duties under this subdivision as determined
by the genetic disease unit established in the State Department of Health Care
Services under Section 125000 of the Health and Safety Code. If the patient
does not respond or cannot respond to a request for permission to release
information pursuant to this subdivision after reasonable attempts have been
made over a two-week period to get a response, the information may be
released upon request of the blood relative.
(r) When the patient, in the opinion of his or her psychotherapist, presents
a serious danger of violence to a reasonably foreseeable victim or victims, then
any of the information or records specified in this section may be released to
that person or persons and to law enforcement agencies and county child
welfare agencies as the psychotherapist determines is needed for the protection of that person or persons. For purposes of this subdivision, “psychotherapist” means anyone so defined within Section 1010 of the Evidence Code.
(s)(1) To the designated officer of an emergency response employee, and
from that designated officer to an emergency response employee regarding
possible exposure to HIV or AIDS, but only to the extent necessary to comply
with provisions of the federal Ryan White Comprehensive AIDS Resources
Emergency Act of 1990 (Public Law 101-381; 42 U.S.C. Sec. 201).
(2) For purposes of this subdivision, “designated officer” and “emergency
response employee” have the same meaning as these terms are used in the
federal Ryan White Comprehensive AIDS Resources Emergency Act of 1990
(Public Law 101-381; 42 U.S.C. Sec. 201).
(3) The designated officer shall be subject to the confidentiality requirements specified in Section 120980, and may be personally liable for unauthorized release of any identifying information about the HIV results. Further, the
designated officer shall inform the exposed emergency response employee that
the employee is also subject to the confidentiality requirements specified in
Section 120980, and may be personally liable for unauthorized release of any
identifying information about the HIV test results.
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(t)(1) To a law enforcement officer who personally lodges with a facility, as
defined in paragraph (2), a warrant of arrest or an abstract of such a warrant
showing that the person sought is wanted for a serious felony, as defined in
Section 1192.7 of the Penal Code, or a violent felony, as defined in Section 667.5
of the Penal Code. The information sought and released shall be limited to
whether or not the person named in the arrest warrant is presently confined in
the facility. This paragraph shall be implemented with minimum disruption to
health facility operations and patients, in accordance with Section 5212. If the
law enforcement officer is informed that the person named in the warrant is
confined in the facility, the officer may not enter the facility to arrest the person
without obtaining a valid search warrant or the permission of staff of the
facility.
(2) For purposes of paragraph (1), a facility means all of the following:
(A) A state hospital, as defined in Section 4001.
(B) A general acute care hospital, as defined in subdivision (a) of Section
1250 of the Health and Safety Code, solely with regard to information
pertaining to a person with mental illness subject to this section.
(C) An acute psychiatric hospital, as defined in subdivision (b) of Section
1250 of the Health and Safety Code.
(D) A psychiatric health facility, as described in Section 1250.2 of the Health
and Safety Code.
(E) A mental health rehabilitation center, as described in Section 5675.
(F) A skilled nursing facility with a special treatment program for individuals with mental illness, as described in Sections 51335 and 72445 to 72475,
inclusive, of Title 22 of the California Code of Regulations.
(u) Between persons who are trained and qualified to serve on multidisciplinary personnel teams pursuant to Section 15610.55, 15753.5, or 15761. The
information and records sought to be disclosed shall be relevant to the
prevention, identification, management, or treatment of an abused elder or
dependent adult pursuant to Chapter 13 (commencing with Section 15750) of
Part 3 of Division 9.
(v) The amendment of subdivision (d) enacted at the 1970 Regular Session
of the Legislature does not constitute a change in, but is declaratory of, the
preexisting law.
(w) This section shall not be limited by Section 5150.05 or 5332.
(x)(1) When an employee is served with a notice of adverse action, as defined
in Section 19570 of the Government Code, the following information and
records may be released:
(A) All information and records that the appointing authority relied upon in
issuing the notice of adverse action.
(B) All other information and records that are relevant to the adverse
action, or that would constitute relevant evidence as defined in Section 210 of
the Evidence Code.
(C) The information described in subparagraphs (A) and (B) may be released only if both of the following conditions are met:
(i) The appointing authority has provided written notice to the consumer
and the consumer’s legal representative or, if the consumer has no legal
representative or if the legal representative is a state agency, to the clients’
rights advocate, and the consumer, the consumer’s legal representative, or the
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clients’ rights advocate has not objected in writing to the appointing authority
within five business days of receipt of the notice, or the appointing authority,
upon review of the objection has determined that the circumstances on which
the adverse action is based are egregious or threaten the health, safety, or life
of the consumer or other consumers and without the information the adverse
action could not be taken.
(ii) The appointing authority, the person against whom the adverse action
has been taken, and the person’s representative, if any, have entered into a
stipulation that does all of the following:
(I) Prohibits the parties from disclosing or using the information or records
for any purpose other than the proceedings for which the information or
records were requested or provided.
(II) Requires the employee and the employee’s legal representative to return
to the appointing authority all records provided to them under this subdivision, including, but not limited to, all records and documents from any source
containing confidential information protected by this section, and all copies of
those records and documents, within 10 days of the date that the adverse
action becomes final except for the actual records and documents or copies
thereof that are no longer in the possession of the employee or the employee’s
legal representative because they were submitted to the administrative
tribunal as a component of an appeal from the adverse action.
(III) Requires the parties to submit the stipulation to the administrative
tribunal with jurisdiction over the adverse action at the earliest possible
opportunity.
(2) For the purposes of this subdivision, the State Personnel Board may,
prior to any appeal from adverse action being filed with it, issue a protective
order, upon application by the appointing authority, for the limited purpose of
prohibiting the parties from disclosing or using information or records for any
purpose other than the proceeding for which the information or records were
requested or provided, and to require the employee or the employee’s legal
representative to return to the appointing authority all records provided to
them under this subdivision, including, but not limited to, all records and
documents from any source containing confidential information protected by
this section, and all copies of those records and documents, within 10 days of
the date that the adverse action becomes final, except for the actual records
and documents or copies thereof that are no longer in the possession of the
employee or the employee’s legal representatives because they were submitted
to the administrative tribunal as a component of an appeal from the adverse
action.
(3) Individual identifiers, including, but not limited to, names, social security numbers, and hospital numbers, that are not necessary for the prosecution
or defense of the adverse action, shall not be disclosed.
(4) All records, documents, or other materials containing confidential information protected by this section that have been submitted or otherwise
disclosed to the administrative agency or other person as a component of an
appeal from an adverse action shall, upon proper motion by the appointing
authority to the administrative tribunal, be placed under administrative seal
and shall not, thereafter, be subject to disclosure to any person or entity except
upon the issuance of an order of a court of competent jurisdiction.
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(5) For purposes of this subdivision, an adverse action becomes final when
the employee fails to answer within the time specified in Section 19575 of the
Government Code, or, after filing an answer, withdraws the appeal, or, upon
exhaustion of the administrative appeal or of the judicial review remedies as
otherwise provided by law.
(y) To the person appointed as the developmental services decisionmaker for
a minor, dependent, or ward pursuant to Section 319, 361, or 726.
Added Stats 1972 ch 1058 § 2, operative July 1, 1973. Amended Stats 1974 ch 486 § 2, effective July
11, 1974; Stats 1975 ch 1258 § 6; Stats 1977 ch 1252 § 570, operative July 1, 1978; Stats 1978 ch 432
§ 12, effective July 17, 1978, operative July 1, 1978, ch 1345 § 1; Stats 1979 ch 373 § 364 (ch 244
prevails), ch 244 § 1; Stats 1980 ch 676 § 332; Stats 1981 ch 841 § 6; Stats 1982 ch 234 § 6, effective
June 2, 1982, ch 1141 § 7, ch 1415 § 1, effective September 27, 1982; Stats 1983 ch 755 § 3, ch 1174
§ 1.5; Stats 1985 ch 1121 § 3, ch 1194 § 1, ch 1324 § 1.7; Stats 1991 ch 534 § 6 (SB 1088); Stats 1996
ch 111 § 2 (SB 2082) (ch 111 prevails), ch 1023 § 464 (SB 1497), effective September 29, 1996; Stats
1998 ch 148 § 1 (AB 302); Stats 2001 ch 37 § 1 (AB 213), ch 506 § 8.5 (AB 1424)(ch 506 prevails);
Stats 2002 ch 552 § 1 (AB 2735); Stats 2004 ch 406 § 2 (SB 1819); Stats 2010 ch 551 § 2 (AB 2322),
effective September 29, 2010; Stats 2011 ch 381 § 44 (SB 146), effective January 1, 2012, ch 471
§ 13.5 (SB 368), effective January 1, 2012; Stats 2012 ch 34 § 94 (SB 1009), effective June 27, 2012,
operative July 1, 2012.

PART 2
The Bronzan–McCorquodale Act

§ 5614. Establishing protocols relating to statutory requirements
(a) The department, in consultation with the Compliance Advisory Committee that shall have representatives from relevant stakeholders, including, but
not limited to, local mental health departments, local mental health boards
and commissions, private and community–based providers, consumers and
family members of consumers, and advocates, shall establish a protocol for
ensuring that local mental health departments meet statutory and regulatory
requirements for the provision of publicly funded community mental health
services provided under this part.
(b) The protocol shall include a procedure for review and assurance of
compliance for all of the following elements, and any other elements required
in law or regulation:
(1) Financial maintenance of effort requirements provided for under Section
17608.05.
(2) Each local mental health board has approved procedures that ensure
citizen and professional involvement in the local mental health planning
process.
(3) Children’s services are funded pursuant to the requirements of Sections
5704.5 and 5704.6.
(4) The local mental health department complies with reporting requirements developed by the department.
(5) To the extent resources are available, the local mental health department maintains the program principles and the array of treatment options
required under Sections 5600.2 to 5600.9, inclusive.
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CHAPTER 1
General Provisions

BOARD OF PSYCHOLOGY
(6) The local mental health department meets the reporting required by the
performance outcome systems for adults and children.
(c) The protocol developed pursuant to subdivision (a) shall focus on law and
regulations and shall include, but not be limited to, the items specified in
subdivision (b). The protocol shall include data collection procedures so that
state review and reporting may occur. The protocol shall also include a
procedure for the provision of technical assistance, and formal decision rules
and procedures for enforcement consequences when the requirements of law
and regulations are not met. These standards and decision rules shall be
established through the consensual stakeholder process established by the
department.
Added Stats 2000 ch 93 § 51 (AB 2877), effective July 7, 2000. Amended Stats 2001 ch 159 § 191 (SB
662).

CHAPTER 4
Operation and Administration

Misc.

§ 5751.2. Persons subject to licensing requirements; Waiver
(a) Except as provided in this section, persons employed or under contract to
provide mental health services pursuant to this part shall be subject to all
applicable requirements of law regarding professional licensure, and no person
shall be employed in local mental health programs pursuant to this part to
provide services for which a license is required, unless the person possesses a
valid license.
(b) Persons employed as psychologists and clinical social workers, while
continuing in their employment in the same class as of January 1, 1979, in the
same program or facility, including those persons on authorized leave, but not
including intermittent personnel, shall be exempt from the requirements of
subdivision (a).
(c) While registered with the licensing board of jurisdiction for the purpose
of acquiring the experience required for licensure, persons employed or under
contract to provide mental health services pursuant to this part as clinical
social workers, marriage and family therapists, or professional clinical counselors shall be exempt from subdivision (a). Registration shall be subject to
regulations adopted by the appropriate licensing board.
(d) The requirements of subdivision (a) shall be waived by the State
Department of Health Care Services for persons employed or under contract to
provide mental health services pursuant to this part as psychologists who are
gaining the experience required for licensure. A waiver granted under this
subdivision may not exceed five years from the date of employment by, or
contract with, a local mental health program for persons in the profession of
psychology.
(e) The requirements of subdivision (a) shall be waived by the State
Department of Health Care Services for persons who have been recruited for
employment from outside this state as psychologists, clinical social workers,
marriage and family therapists, or professional clinical counselors and whose
experience is sufficient to gain admission to a licensing examination. A waiver
granted under this subdivision may not exceed three years from the date of
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employment by, or contract with, a local mental health program for persons in
these four professions who are recruited from outside this state.
Added Stats 1981 ch 412 § 6, effective September 11, 1981, operative January 1, 1984, as § 5600.2.
Amended Stats 1987 ch 227 § 1; Stats 1988 ch 509 § 1; Stats 1989 ch 503 § 1; Stats 1990 ch 962 § 2
(AB 3229). Amended and renumbered W & I C § 5751.2 by Stats 1991 ch 611 § 37 (AB 1491),
effective October 6, 1991. Amended and renumbered W & I C § 5603 by Stats 1991 ch 612 § 2 (SB
1112). Renumbered by Stats 1992 ch 1374 § 19 (AB 14), effective October 27, 1992; Stats 1995 ch 712
§ 4 (SB 227). Amended Stats 2002 ch 1013 § 99 (SB 2026); Stats 2011 ch 381 § 48 (SB 146), effective
January 1, 2012; Stats 2012 ch 34 § 165 (SB 1009), effective June 27, 2012.

DIVISION 9
Public Social Services
PART 3
Aid and Medical Assistance
CHAPTER 11
Elder Abuse and Dependent Adult Civil Protection
Act
ARTICLE 2
Definitions
§ 15610.05. “Abandonment”
“Abandonment” means the desertion or willful forsaking of an elder or a
dependent adult by anyone having care or custody of that person under
circumstances in which a reasonable person would continue to provide care
and custody.
§ 15610.06. “Abduction”
“Abduction” means the removal from this state and the restraint from
returning to this state, or the restraint from returning to this state, of any
elder or dependent adult who does not have the capacity to consent to the
removal from this state and the restraint from returning to this state, or the
restraint from returning to this state, as well as the removal from this state or
the restraint from returning to this state, of any conservatee without the
consent of the conservator or the court.
Added Stats 1997 ch 663 § 2 (SB 628).

§ 15610.07. “Abuse of an elder or a dependent adult”
“Abuse of an elder or a dependent adult” means either of the following:
(a) Physical abuse, neglect, financial abuse, abandonment, isolation, abduction, or other treatment with resulting physical harm or pain or mental
suffering.
(b) The deprivation by a care custodian of goods or services that are
necessary to avoid physical harm or mental suffering.
Added Stats 1994 ch 594 § 3 (SB 1681). Amended Stats 1997 ch 663 § 3 (SB 628); Stats 1998 ch 946
§ 2 (SB 2199).

207

Misc.

Added Stats 1994 ch 594 § 3 (SB 1681).

BOARD OF PSYCHOLOGY

Misc.

§ 15610.17. “Care custodian”
“Care custodian” means an administrator or an employee of any of the
following public or private facilities or agencies, or persons providing care or
services for elders or dependent adults, including members of the support staff
and maintenance staff:
(a) Twenty–four–hour health facilities, as defined in Sections 1250, 1250.2,
and 1250.3 of the Health and Safety Code.
(b) Clinics.
(c) Home health agencies.
(d) Agencies providing publicly funded in–home supportive services, nutrition services, or other home and community–based support services.
(e) Adult day health care centers and adult day care.
(f) Secondary schools that serve 18– to 22–year–old dependent adults and
postsecondary educational institutions that serve dependent adults or elders.
(g) Independent living centers.
(h) Camps.
(i) Alzheimer’s Disease day care resource centers.
(j) Community care facilities, as defined in Section 1502 of the Health and
Safety Code, and residential care facilities for the elderly, as defined in Section
1569.2 of the Health and Safety Code.
(k) Respite care facilities.
(l) Foster homes.
(m) Vocational rehabilitation facilities and work activity centers.
(n) Designated area agencies on aging.
(o) Regional centers for persons with developmental disabilities.
(p) State Department of Social Services and State Department of Health
Services licensing divisions.
(q) County welfare departments.
(r) Offices of patients’ rights advocates and clients’ rights advocates, including attorneys.
(s) The office of the long–term care ombudsman.
(t) Offices of public conservators, public guardians, and court investigators.
(u) Any protection or advocacy agency or entity that is designated by the
Governor to fulfill the requirements and assurances of the following:
(1) The federal Developmental Disabilities Assistance and Bill of Rights Act
of 2000, contained in Chapter 144 (commencing with Section 15001) of Title 42
of the United States Code, for protection and advocacy of the rights of persons
with developmental disabilities.
(2) The Protection and Advocacy for the Mentally Ill Individuals Act of 1986,
as amended, contained in Chapter 114 (commencing with Section 10801) of
Title 42 of the United States Code, for the protection and advocacy of the rights
of persons with mental illness.
(v) Humane societies and animal control agencies.
(w) Fire departments.
(x) Offices of environmental health and building code enforcement.
(y) Any other protective, public, sectarian, mental health, or private assistance or advocacy agency or person providing health services or social services
to elders or dependent adults.
Added Stats 1994 ch 594 § 3 (SB 1681). Amended Stats 1998 ch 946 § 4 (SB 2199); Stats 2002 ch 54
§ 2 (AB 255).

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§ 15610.23. “Dependent adult”
(a) “Dependent adult” means any person between the ages of 18 and 64
years who resides in this state and who has physical or mental limitations that
restrict his or her ability to carry out normal activities or to protect his or her
rights, including, but not limited to, persons who have physical or developmental disabilities, or whose physical or mental abilities have diminished
because of age.
(b) “Dependent adult” includes any person between the ages of 18 and 64
years who is admitted as an inpatient to a 24–hour health facility, as defined
in Sections 1250, 1250.2, and 1250.3 of the Health and Safety Code.
Added Stats 1994 ch 594 § 3 (SB 1681). Amended Stats 2002 ch 54 § 4 (AB 255).

§ 15610.27. “Elder”
“Elder” means any person residing in this state, 65 years of age or older.
§ 15610.30. “Financial abuse” of elder or dependent adult
(a) “Financial abuse” of an elder or dependent adult occurs when a person or
entity does any of the following:
(1) Takes, secretes, appropriates, obtains, or retains real or personal property of an elder or dependent adult for a wrongful use or with intent to defraud,
or both.
(2) Assists in taking, secreting, appropriating, obtaining, or retaining real
or personal property of an elder or dependent adult for a wrongful use or with
intent to defraud, or both.
(3) Takes, secretes, appropriates, obtains, or retains, or assists in taking,
secreting, appropriating, obtaining, or retaining, real or personal property of
an elder or dependent adult by undue influence, as defined in Section 15610.70.
(b) A person or entity shall be deemed to have taken, secreted, appropriated,
obtained, or retained property for a wrongful use if, among other things, the
person or entity takes, secretes, appropriates, obtains, or retains the property
and the person or entity knew or should have known that this conduct is likely
to be harmful to the elder or dependent adult.
(c) For purposes of this section, a person or entity takes, secretes, appropriates, obtains, or retains real or personal property when an elder or dependent
adult is deprived of any property right, including by means of an agreement,
donative transfer, or testamentary bequest, regardless of whether the property
is held directly or by a representative of an elder or dependent adult.
(d) For purposes of this section, “representative” means a person or entity
that is either of the following:
(1) A conservator, trustee, or other representative of the estate of an elder or
dependent adult.
(2) An attorney-in-fact of an elder or dependent adult who acts within the
authority of the power of attorney.
Added Stats 1994 ch 594 § 3 (SB 1681). Amended Stats 1997 ch 724 § 37 (AB 1172); Stats 1998 ch
946 § 5 (SB 2199); Stats 2000 ch 442 § 5 (AB 2107) (ch 442 prevails), ch 813 § 2 (SB 1742); Stats
2008 ch 475 § 1 (SB 1140), effective January 1, 2009; Stats 2013 ch 668 § 2 (AB 140), effective
January 1, 2014.

§ 15610.37. “Health practitioner”
“Health practitioner” means a physician and surgeon, psychiatrist, psychologist, dentist, resident, intern, podiatrist, chiropractor, registered nurse, dental
209

Misc.

Added Stats 1994 ch 594 § 3 (SB 1681).

BOARD OF PSYCHOLOGY
hygienist, licensed clinical social worker or associate clinical social worker,
marriage and family therapist, licensed professional clinical counselor, or any
other person who is currently licensed under Division 2 (commencing with
Section 500) of the Business and Professions Code, any emergency medical
technician I or II, paramedic, or person certified pursuant to Division 2.5
(commencing with Section 1797) of the Health and Safety Code, a psychological
assistant registered pursuant to Section 2913 of the Business and Professions
Code, a marriage and family therapist trainee, as defined in subdivision (c) of
Section 4980.03 of the Business and Professions Code, an unlicensed marriage
and family therapist intern registered under Section 4980.44 of the Business
and Professions Code, a clinical counselor trainee, as defined in subdivision (g)
of Section 4999.12 of the Business and Professions Code, a clinical counselor
intern registered under Section 4999.42 of the Business and Professions Code,
a state or county public health or social service employee who treats an elder
or a dependent adult for any condition, or a coroner.
Added Stats 1994 ch 594 § 3 (SB 1681). Amended Stats 2002 ch 54 § 5 (AB 255); Stats 2003 ch 62
§ 334 (SB 600); Stats 2011 ch 381 § 49 (SB 146), effective January 1, 2012.

Misc.

§ 15610.55. “Multidisciplinary personnel team”
(a) “Multidisciplinary personnel team” means any team of two or more
persons who are trained in the prevention, identification, management, or
treatment of abuse of elderly or dependent adults and who are qualified to
provide a broad range of services related to abuse of elderly or dependent
adults.
(b) A multidisciplinary personnel team may include, but need not be limited
to, any of the following:
(1) Psychiatrists, psychologists, or other trained counseling personnel.
(2) Police officers or other law enforcement agents.
(3) Medical personnel with sufficient training to provide health services.
(4) Social workers with experience or training in prevention of abuse of
elderly or dependent adults.
(5) Public guardians.
(6) The local long-term care ombudsman.
(7) Child welfare services personnel.
Added Stats 1994 ch 594 § 3 (SB 1681). Amended Stats 1998 ch 946 § 6 (SB 2199); Stats 2002 ch 54
§ 7.5 (AB 255); Stats 2010 ch 551 § 4 (AB 2322), effective September 29, 2010; Stats 2014 ch 62 § 1
(AB 2379), effective January 1, 2015.

§ 15610.57. “Neglect”
(a) “Neglect” means either of the following:
(1) The negligent failure of any person having the care or custody of an elder
or a dependent adult to exercise that degree of care that a reasonable person
in a like position would exercise.
(2) The negligent failure of an elder or dependent adult to exercise that
degree of self care that a reasonable person in a like position would exercise.
(b) Neglect includes, but is not limited to, all of the following:
(1) Failure to assist in personal hygiene, or in the provision of food, clothing,
or shelter.
(2) Failure to provide medical care for physical and mental health needs. No
person shall be deemed neglected or abused for the sole reason that he or she
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voluntarily relies on treatment by spiritual means through prayer alone in lieu
of medical treatment.
(3) Failure to protect from health and safety hazards.
(4) Failure to prevent malnutrition or dehydration.
(5) Failure of an elder or dependent adult to satisfy the needs specified in
paragraphs (1) to (4), inclusive, for himself or herself as a result of poor
cognitive functioning, mental limitation, substance abuse, or chronic poor
health.

§ 15610.63. “Physical abuse”
“Physical abuse” means any of the following:
(a) Assault, as defined in Section 240 of the Penal Code.
(b) Battery, as defined in Section 242 of the Penal Code.
(c) Assault with a deadly weapon or force likely to produce great bodily
injury, as defined in Section 245 of the Penal Code.
(d) Unreasonable physical constraint, or prolonged or continual deprivation
of food or water.
(e) Sexual assault, that means any of the following:
(1) Sexual battery, as defined in Section 243.4 of the Penal Code.
(2) Rape, as defined in Section 261 of the Penal Code.
(3) Rape in concert, as described in Section 264.1 of the Penal Code.
(4) Spousal rape, as defined in Section 262 of the Penal Code.
(5) Incest, as defined in Section 285 of the Penal Code.
(6) Sodomy, as defined in Section 286 of the Penal Code.
(7) Oral copulation, as defined in Section 288a of the Penal Code.
(8) Sexual penetration, as defined in Section 289 of the Penal Code.
(9) Lewd or lascivious acts as defined in paragraph (2) of subdivision (b) of
Section 288 of the Penal Code.
(f) Use of a physical or chemical restraint or psychotropic medication under
any of the following conditions:
(1) For punishment.
(2) For a period beyond that for which the medication was ordered pursuant
to the instructions of a physician and surgeon licensed in the State of
California, who is providing medical care to the elder or dependent adult at the
time the instructions are given.
(3) For any purpose not authorized by the physician and surgeon.
Added Stats 1994 ch 594 § 3 (SB 1681). Amended Stats 1996 ch 1075 § 22 (SB 1444); Stats 2000 ch
287 § 29 (SB 1955); Stats 2004 ch 823 § 18 (AB 20).

§ 15610.67. “Serious bodily injury”
“Serious bodily injury” means an injury involving extreme physical pain,
substantial risk of death, or protracted loss or impairment of function of a
bodily member, organ, or of mental faculty, or requiring medical intervention,
including, but not limited to, hospitalization, surgery, or physical rehabilitation.
Added Stats 2012 ch 659 § 1 (AB 40), effective January 1, 2013.

211

Misc.

Added Stats 1994 ch 594 § 3 (SB 1681). Amended Stats 1998 ch 946 § 7 (SB 2199); Stats 2002 ch 54
§ 8 (AB 255).

BOARD OF PSYCHOLOGY

ARTICLE 3
Mandatory and Nonmandatory Reports of Abuse

Misc.

§ 15630. Duties of mandated reporter; Punishment for failure to report
(a) Any person who has assumed full or intermittent responsibility for the
care or custody of an elder or dependent adult, whether or not he or she
receives compensation, including administrators, supervisors, and any licensed staff of a public or private facility that provides care or services for elder
or dependent adults, or any elder or dependent adult care custodian, health
practitioner, clergy member, or employee of a county adult protective services
agency or a local law enforcement agency, is a mandated reporter.
(b)(1) Any mandated reporter who, in his or her professional capacity, or
within the scope of his or her employment, has observed or has knowledge of
an incident that reasonably appears to be physical abuse, as defined in Section
15610.63, abandonment, abduction, isolation, financial abuse, or neglect, or is
told by an elder or dependent adult that he or she has experienced behavior,
including an act or omission, constituting physical abuse, as defined in Section
15610.63, abandonment, abduction, isolation, financial abuse, or neglect, or
reasonably suspects that abuse, shall report the known or suspected instance
of abuse by telephone or through a confidential Internet reporting tool, as
authorized by Section 15658, immediately or as soon as practicably possible. If
reported by telephone, a written report shall be sent, or an Internet report
shall be made through the confidential Internet reporting tool established in
Section 15658, within two working days.
(A) If the suspected or alleged abuse is physical abuse, as defined in Section
15610.63, and the abuse occurred in a long-term care facility, except a state
mental health hospital or a state developmental center, the following shall
occur:
(i) If the suspected abuse results in serious bodily injury, a telephone report
shall be made to the local law enforcement agency immediately, but also no
later than within two hours of the mandated reporter observing, obtaining
knowledge of, or suspecting the physical abuse, and a written report shall be
made to the local ombudsman, the corresponding licensing agency, and the
local law enforcement agency within two hours of the mandated reporter
observing, obtaining knowledge of, or suspecting the physical abuse.
(ii) If the suspected abuse does not result in serious bodily injury, a
telephone report shall be made to the local law enforcement agency within 24
hours of the mandated reporter observing, obtaining knowledge of, or suspecting the physical abuse, and a written report shall be made to the local
ombudsman, the corresponding licensing agency, and the local law enforcement agency within 24 hours of the mandated reporter observing, obtaining
knowledge of, or suspecting the physical abuse.
(iii) When the suspected abuse is allegedly caused by a resident with a
physician’s diagnosis of dementia, and there is no serious bodily injury, as
reasonably determined by the mandated reporter, drawing upon his or her
training or experience, the reporter shall report to the local ombudsman or law
enforcement agency by telephone, immediately or as soon as practicably
possible, and by written report, within 24 hours.
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(iv) When applicable, reports made pursuant to clauses (i) and (ii) shall be
deemed to satisfy the reporting requirements of the federal Elder Justice Act
of 2009, as set out in Subtitle H of the federal Patient Protection and Affordable
Care Act (Public Law 111-148), Section 1418.91 of the Health and Safety Code,
and Section 72541 of Title 22 of California Code of Regulations. When a local
law enforcement agency receives an initial report of suspected abuse in a
long-term care facility pursuant to this subparagraph, the local law enforcement agency may coordinate efforts with the local ombudsman to provide the
most immediate and appropriate response warranted to investigate the
mandated report. The local ombudsman and local law enforcement agencies
may collaborate to develop protocols to implement this subparagraph.
(B) Notwithstanding the rulemaking provisions of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government
Code, or any other law, the department may implement subparagraph (A), in
whole or in part, by means of all-county letters, provider bulletins, or other
similar instructions without taking regulatory action.
(C) If the suspected or alleged abuse is abuse other than physical abuse, and
the abuse occurred in a long-term care facility, except a state mental health
hospital or a state developmental center, a telephone report and a written
report shall be made to the local ombudsman or the local law enforcement
agency.
(D) With regard to abuse reported pursuant to subparagraph (C), the local
ombudsman and the local law enforcement agency shall, as soon as practicable,
except in the case of an emergency or pursuant to a report required to be made
pursuant to clause (v), in which case these actions shall be taken immediately,
do all of the following:
(i) Report to the State Department of Public Health any case of known or
suspected abuse occurring in a long-term health care facility, as defined in
subdivision (a) of Section 1418 of the Health and Safety Code.
(ii) Report to the State Department of Social Services any case of known or
suspected abuse occurring in a residential care facility for the elderly, as
defined in Section 1569.2 of the Health and Safety Code, or in an adult day
program, as defined in paragraph (2) of subdivision (a) of Section 1502 of the
Health and Safety Code.
(iii) Report to the State Department of Public Health and the California
Department of Aging any case of known or suspected abuse occurring in an
adult day health care center, as defined in subdivision (b) of Section 1570.7 of
the Health and Safety Code.
(iv) Report to the Bureau of Medi-Cal Fraud and Elder Abuse any case of
known or suspected criminal activity.
(v) Report all cases of known or suspected physical abuse and financial
abuse to the local district attorney’s office in the county where the abuse
occurred.
(E)(i) If the suspected or alleged abuse or neglect occurred in a state mental
hospital or a state developmental center, and the suspected or alleged abuse or
neglect resulted in any of the following incidents, a report shall be made
immediately, but no later than within two hours of the mandated reporter
observing, obtaining knowledge of, or suspecting abuse, to designated investigators of the State Department of State Hospitals or the State Department of
Developmental Services, and also to the local law enforcement agency:
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BOARD OF PSYCHOLOGY

Misc.

(I) A death.
(II) A sexual assault, as defined in Section 15610.63.
(III) An assault with a deadly weapon, as described in Section 245 of the
Penal Code, by a nonresident of the state mental hospital or state developmental center.
(IV) An assault with force likely to produce great bodily injury, as described
in Section 245 of the Penal Code.
(V) An injury to the genitals when the cause of the injury is undetermined.
(VI) A broken bone when the cause of the break is undetermined.
(ii) All other reports of suspected or alleged abuse or neglect that occurred
in a state mental hospital or a state developmental center shall be made
immediately, but no later than within two hours of the mandated reporter
observing, obtaining knowledge of, or suspecting abuse, to designated investigators of the State Department of State Hospitals or the State Department of
Developmental Services, or to the local law enforcement agency.
(iii) When a local law enforcement agency receives an initial report of
suspected or alleged abuse or neglect in a state mental hospital or a state
developmental center pursuant to clause (i), the local law enforcement agency
shall coordinate efforts with the designated investigators of the State Department of State Hospitals or the State Department of Developmental Services to
provide the most immediate and appropriate response warranted to investigate the mandated report. The designated investigators of the State Department of State Hospitals or the State Department of Developmental Services
and local law enforcement agencies may collaborate to develop protocols to
implement this clause.
(iv) Except in an emergency, the local law enforcement agency shall, as soon
as practicable, report any case of known or suspected criminal activity to the
Bureau of Medi-Cal Fraud and Elder Abuse.
(v) Notwithstanding any other law, a mandated reporter who is required to
report pursuant to Section 4427.5 shall not be required to report under clause
(i).
(F) If the abuse has occurred in any place other than a long-term care
facility, a state mental hospital, or a state developmental center, the report
shall be made to the adult protective services agency or the local law
enforcement agency.
(2)(A) A mandated reporter who is a clergy member who acquires knowledge
or reasonable suspicion of elder or dependent adult abuse during a penitential
communication is not subject to paragraph (1). For purposes of this subdivision, “penitential communication” means a communication that is intended to
be in confidence, including, but not limited to, a sacramental confession made
to a clergy member who, in the course of the discipline or practice of his or her
church, denomination, or organization is authorized or accustomed to hear
those communications and under the discipline tenets, customs, or practices of
his or her church, denomination, or organization, has a duty to keep those
communications secret.
(B) This subdivision shall not be construed to modify or limit a clergy
member’s duty to report known or suspected elder and dependent adult abuse
if he or she is acting in the capacity of a care custodian, health practitioner, or
employee of an adult protective services agency.
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(C) Notwithstanding any other provision in this section, a clergy member
who is not regularly employed on either a full-time or part-time basis in a
long-term care facility or does not have care or custody of an elder or dependent
adult shall not be responsible for reporting abuse or neglect that is not
reasonably observable or discernible to a reasonably prudent person having no
specialized training or experience in elder or dependent care.
(3)(A) A mandated reporter who is a physician and surgeon, a registered
nurse, or a psychotherapist, as defined in Section 1010 of the Evidence Code,
shall not be required to report, pursuant to paragraph (1), an incident if all of
the following conditions exist:
(i) The mandated reporter has been told by an elder or dependent adult that
he or she has experienced behavior constituting physical abuse, as defined in
Section 15610.63, abandonment, abduction, isolation, financial abuse, or
neglect.
(ii) The mandated reporter is not aware of any independent evidence that
corroborates the statement that the abuse has occurred.
(iii) The elder or dependent adult has been diagnosed with a mental illness
or dementia, or is the subject of a court-ordered conservatorship because of a
mental illness or dementia.
(iv) In the exercise of clinical judgment, the physician and surgeon, the
registered nurse, or the psychotherapist, as defined in Section 1010 of the
Evidence Code, reasonably believes that the abuse did not occur.
(B) This paragraph shall not be construed to impose upon mandated
reporters a duty to investigate a known or suspected incident of abuse and
shall not be construed to lessen or restrict any existing duty of mandated
reporters.
(4)(A) In a long-term care facility, a mandated reporter shall not be required
to report as a suspected incident of abuse, as defined in Section 15610.07, an
incident if all of the following conditions exist:
(i) The mandated reporter is aware that there is a proper plan of care.
(ii) The mandated reporter is aware that the plan of care was properly
provided or executed.
(iii) A physical, mental, or medical injury occurred as a result of care
provided pursuant to clause (i) or (ii).
(iv) The mandated reporter reasonably believes that the injury was not the
result of abuse.
(B) This paragraph shall not be construed to require a mandated reporter to
seek, nor to preclude a mandated reporter from seeking, information regarding
a known or suspected incident of abuse prior to reporting. This paragraph shall
apply only to those categories of mandated reporters that the State Department of Public Health determines, upon approval by the Bureau of Medi-Cal
Fraud and Elder Abuse and the state long-term care ombudsman, have access
to plans of care and have the training and experience necessary to determine
whether the conditions specified in this section have been met.
(c)(1) Any mandated reporter who has knowledge, or reasonably suspects,
that types of elder or dependent adult abuse for which reports are not
mandated have been inflicted upon an elder or dependent adult, or that his or
her emotional well-being is endangered in any other way, may report the
known or suspected instance of abuse.
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BOARD OF PSYCHOLOGY

Misc.

(2) If the suspected or alleged abuse occurred in a long-term care facility
other than a state mental health hospital or a state developmental center, the
report may be made to the long-term care ombudsman program. Except in an
emergency, the local ombudsman shall report any case of known or suspected
abuse to the State Department of Public Health and any case of known or
suspected criminal activity to the Bureau of Medi-Cal Fraud and Elder Abuse,
as soon as is practicable.
(3) If the suspected or alleged abuse occurred in a state mental health
hospital or a state developmental center, the report may be made to the
designated investigator of the State Department of State Hospitals or the
State Department of Developmental Services or to a local law enforcement
agency. Except in an emergency, the local law enforcement agency shall report
any case of known or suspected criminal activity to the Bureau of Medi-Cal
Fraud and Elder Abuse, as soon as is practicable.
(4) If the suspected or alleged abuse occurred in a place other than a place
described in paragraph (2) or (3), the report may be made to the county adult
protective services agency.
(5) If the conduct involves criminal activity not covered in subdivision (b), it
may be immediately reported to the appropriate law enforcement agency.
(d) If two or more mandated reporters are present and jointly have knowledge or reasonably suspect that types of abuse of an elder or a dependent adult
for which a report is or is not mandated have occurred, and there is agreement
among them, the telephone report or Internet report, as authorized by Section
15658, may be made by a member of the team selected by mutual agreement,
and a single report may be made and signed by the selected member of the
reporting team. Any member who has knowledge that the member designated
to report has failed to do so shall thereafter make the report.
(e) A telephone report or Internet report, as authorized by Section 15658, of
a known or suspected instance of elder or dependent adult abuse shall include,
if known, the name of the person making the report, the name and age of the
elder or dependent adult, the present location of the elder or dependent adult,
the names and addresses of family members or any other adult responsible for
the elder’s or dependent adult’s care, the nature and extent of the elder’s or
dependent adult’s condition, the date of the incident, and any other information, including information that led that person to suspect elder or dependent
adult abuse, as requested by the agency receiving the report.
(f) The reporting duties under this section are individual, and no supervisor
or administrator shall impede or inhibit the reporting duties, and no person
making the report shall be subject to any sanction for making the report.
However, internal procedures to facilitate reporting, ensure confidentiality,
and apprise supervisors and administrators of reports may be established,
provided they are not inconsistent with this chapter.
(g)(1) Whenever this section requires a county adult protective services
agency to report to a law enforcement agency, the law enforcement agency
shall, immediately upon request, provide a copy of its investigative report
concerning the reported matter to that county adult protective services agency.
(2) Whenever this section requires a law enforcement agency to report to a
county adult protective services agency, the county adult protective services
agency shall, immediately upon request, provide to that law enforcement
agency a copy of its investigative report concerning the reported matter.
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WELFARE AND INSTITUTIONS CODE
(3) The requirement to disclose investigative reports pursuant to this
subdivision shall not include the disclosure of social services records or case
files that are confidential, nor shall this subdivision be construed to allow
disclosure of any reports or records if the disclosure would be prohibited by any
other provision of state or federal law.
(h) Failure to report, or impeding or inhibiting a report of, physical abuse, as
defined in Section 15610.63, abandonment, abduction, isolation, financial
abuse, or neglect of an elder or dependent adult, in violation of this section, is
a misdemeanor, punishable by not more than six months in the county jail, by
a fine of not more than one thousand dollars ($1,000), or by both that fine and
imprisonment. Any mandated reporter who willfully fails to report, or impedes
or inhibits a report of, physical abuse, as defined in Section 15610.63,
abandonment, abduction, isolation, financial abuse, or neglect of an elder or
dependent adult, in violation of this section, if that abuse results in death or
great bodily injury, shall be punished by not more than one year in a county
jail, by a fine of not more than five thousand dollars ($5,000), or by both that
fine and imprisonment. If a mandated reporter intentionally conceals his or
her failure to report an incident known by the mandated reporter to be abuse
or severe neglect under this section, the failure to report is a continuing offense
until a law enforcement agency specified in paragraph (1) of subdivision (b) of
Section 15630 discovers the offense.
(i) For purposes of this section, “dependent adult” shall have the same
meaning as in Section 15610.23.

§ 15631. Other persons making report
(a) Any person who is not a mandated reporter under Section 15630, who
knows, or reasonably suspects, that an elder or a dependent adult has been the
victim of abuse may report that abuse to a long–term care ombudsman
program or local law enforcement agency, or both the long-term care ombudsman program and local law enforcement agency when the abuse is alleged to
have occurred in a long–term care facility.
(b) Any person who is not a mandated reporter under Section 15630, who
knows, or reasonably suspects, that an elder or a dependent adult has been the
victim of abuse in any place other than a long–term care facility may report the
abuse to the county adult protective services agency or local law enforcement
agency.
Added Stats 1994 ch 594 § 9 (SB 1681). Amended Stats 2012 ch 659 § 3 (AB 40), effective January
1, 2013.

§ 15632. Application of physician–patient or psychotherapist–patient privilege
(a) In any court proceeding or administrative hearing, neither the physician–patient privilege nor the psychotherapist–patient privilege applies to the
specific information reported pursuant to this chapter.
217

Misc.

Added Stats 1994 ch 594 § 7 (SB 1681). Amended Stats 1995 ch 813 § 1 (AB 1836); Stats 1998 ch 946
§ 8 (SB 2199), ch 980 § 1 (AB 1780); Stats 1999 ch 236 § 1 (AB 739); Stats 2002 ch 54 § 9 (AB 255);
Stats 2004 ch 823 § 19 (AB 20); Stats 2005 ch 163 § 2 (AB 1188), effective January 1, 2006; Stats
2008 ch 481 § 1 (AB 2100), effective January 1, 2009; Stats 2011 ch 373 § 1 (SB 718), effective
January 1, 2012; Stats 2012 ch 24 § 202 (AB 1470), effective June 27, 2012, ch 660 § 4 (SB 1051),
effective September 27, 2012, operative until January 1, 2013, ch 660 § 4.5 (SB 1051), effective
September 27, 2012, operative January 1, 2013; Stats 2013 ch 76 § 223 (AB 383), effective January
1, 2014, ch 673 § 3 (AB 602), effective January 1, 2014 (ch 673 prevails).

BOARD OF PSYCHOLOGY
(b) Nothing in this chapter shall be interpreted as requiring an attorney to
violate his or her oath and duties pursuant to Section 6067 or subdivision (e)
of Section 6068 of the Business and Professions Code, and Article 3 (commencing with Section 950) of Chapter 4 of Division 8 of the Evidence Code.
Added Stats 1994 ch 594 § 11 (SB 1681).

ARTICLE 4
Confidentiality

Misc.

§ 15633. Disclosure; Penalties
(a) The reports made pursuant to Sections 15630, 15630.1, and 15631 shall
be confidential and may be disclosed only as provided in subdivision (b). Any
violation of the confidentiality required by this chapter is a misdemeanor
punishable by not more than six months in the county jail, by a fine of five
hundred dollars ($500), or by both that fine and imprisonment.
(b) Reports of suspected abuse of an elder or dependent adult and information contained therein may be disclosed only to the following:
(1) Persons or agencies to whom disclosure of information or the identity of
the reporting party is permitted under Section 15633.5.
(2)(A) Persons who are trained and qualified to serve on multidisciplinary
personnel teams may disclose to one another information and records that are
relevant to the prevention, identification, or treatment of abuse of elderly or
dependent persons.
(B) Except as provided in subparagraph (A), any personnel of the multidisciplinary team or agency that receives information pursuant to this chapter,
shall be under the same obligations and subject to the same confidentiality
penalties as the person disclosing or providing that information. The information obtained shall be maintained in a manner that ensures the maximum
protection of privacy and confidentiality rights.
(c) This section shall not be construed to allow disclosure of any reports or
records relevant to the reports of abuse of an elder or dependent adult if the
disclosure would be prohibited by any other provisions of state or federal law
applicable to the reports or records relevant to the reports of the abuse, nor
shall it be construed to prohibit the disclosure by a financial institution of any
reports or records relevant to the reports of abuse of an elder or dependent
adult if the disclosure would be required of a financial institution by otherwise
applicable state or federal law or court order.
Added Stats 1994 ch 594 § 14 (SB 1681). Amended Stats 1998 ch 946 § 9 (SB 2199), ch 980 § 2 (AB
1780); Stats 2005 ch 140 § 5 (SB 1018), effective January 1, 2006, operative January 1, 2007,
repealed January 1, 2013; Stats 2011 ch 372 § 2 (SB 33), effective January 1, 2012.

§ 15633.5. Other persons to whom disclosure may be made
(a) Information relevant to the incident of elder or dependent adult abuse
may be given to an investigator from an adult protective services agency, a
local law enforcement agency, the office of the district attorney, the office of the
public guardian, the probate court, the bureau, or an investigator of the
Department of Consumer Affairs, Division of Investigation who is investigating a known or suspected case of elder or dependent adult abuse.
(b) The identity of any person who reports under this chapter shall be
confidential and disclosed only among the following agencies or persons
representing an agency:
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WELFARE AND INSTITUTIONS CODE
(1) An adult protective services agency.
(2) A long–term care ombudsperson program.
(3) A licensing agency.
(4) A local law enforcement agency.
(5) The office of the district attorney.
(6) The office of the public guardian.
(7) The probate court.
(8) The bureau.
(9) The Department of Consumer Affairs, Division of Investigation.
(10) Counsel representing an adult protective services agency.
(c) The identity of a person who reports under this chapter may also be
disclosed under the following circumstances:
(1) To the district attorney in a criminal prosecution.
(2) When a person reporting waives confidentiality.
(3) By court order.
(d) Notwithstanding subdivisions (a), (b), and (c), any person reporting
pursuant to Section 15631 shall not be required to include his or her name in
the report.

§ 15634. Immunity from liability of persons authorized to report
abuse; Attorney fees
(a) No care custodian, clergy member, health practitioner, mandated reporter of suspected financial abuse of an elder or dependent adult, or employee
of an adult protective services agency or a local law enforcement agency who
reports a known or suspected instance of abuse of an elder or dependent adult
shall be civilly or criminally liable for any report required or authorized by this
article. Any other person reporting a known or suspected instance of abuse of
an elder or dependent adult shall not incur civil or criminal liability as a result
of any report authorized by this article, unless it can be proven that a false
report was made and the person knew that the report was false. No person
required to make a report pursuant to this article, or any person taking
photographs at his or her discretion, shall incur any civil or criminal liability
for taking photographs of a suspected victim of abuse of an elder or dependent
adult or causing photographs to be taken of such a suspected victim or for
disseminating the photographs with the reports required by this article.
However, this section shall not be construed to grant immunity from this
liability with respect to any other use of the photographs.
(b) No care custodian, clergy member, health practitioner, mandated reporter of suspected financial abuse of an elder or dependent adult, or employee
of an adult protective services agency or a local law enforcement agency who,
pursuant to a request from an adult protective services agency or a local law
enforcement agency investigating a report of known or suspected abuse of an
elder or dependent adult, provides the requesting agency with access to the
victim of a known or suspected instance of abuse of an elder or dependent
adult, shall incur civil or criminal liability as a result of providing that access.
(c) The Legislature finds that, even though it has provided immunity from
liability to persons required to report abuse of an elder or dependent adult,
immunity does not eliminate the possibility that actions may be brought
219

Misc.

Added Stats 1994 ch 594 § 15 (SB 1681). Amended Stats 1998 ch 970 § 211 (AB 2802); Stats 2002 ch
54 § 10 (AB 255), ch 552 § 2 (AB 2735).

BOARD OF PSYCHOLOGY
against those persons based upon required reports of abuse. In order to further
limit the financial hardship that those persons may incur as a result of
fulfilling their legal responsibilities, it is necessary that they not be unfairly
burdened by legal fees incurred in defending those actions. Therefore, a care
custodian, clergy member, health practitioner, or an employee of an adult
protective services agency or a local law enforcement agency may present to
the California Victim Compensation and Government Claims Board a claim for
reasonable attorneys’ fees incurred in any action against that person on the
basis of making a report required or authorized by this article if the court has
dismissed the action upon a demurrer or motion for summary judgment made
by that person, or if he or she prevails in the action. The California Victim
Compensation and Government Claims Board shall allow that claim if the
requirements of this subdivision are met, and the claim shall be paid from an
appropriation to be made for that purpose. Attorneys’ fees awarded pursuant
to this section shall not exceed an hourly rate greater than the rate charged by
the Attorney General at the time the award is made and shall not exceed an
aggregate amount of fifty thousand dollars ($50,000). This subdivision shall
not apply if a public entity has provided for the defense of the action pursuant
to Section 995 of the Government Code.
Added Stats 1985 ch 1164 § 11, effective September 28, 1985. Amended Stats 1986 ch 769 § 14,
effective September 15, 1986; Stats 1990 ch 241 § 2 (SB 1911); Stats 2002 ch 54 § 11 (AB 255); Stats
2005 ch 140 § 7 (SB 1018), effective January 1, 2006, repealed January 1, 2013; Stats 2011 ch 372 § 4
(SB 33), effective January 1, 2012.

§ 15637. Evidentiary privileges
In any court proceeding or administrative hearing, neither the physician–
patient privilege nor the psychotherapist–patient privilege applies to the
specific information required to be reported pursuant to this chapter. Nothing
in this chapter shall be interpreted as requiring an attorney to violate his or
her oath and duties pursuant to Section 6067 or subdivision (e) of Section 6068
of the Business and Professions Code, and Article 3 (commencing with Section
950) of Chapter 4 of Division 8 of the Evidence Code.
Added Stats 1985 ch 1164 § 13, effective September 28, 1985.

Misc.

ARTICLE 5
Local Agency Cross–Reporting
§ 15640. Cross–report to law enforcement agency and licensing
agency; Report of long–term care ombudsman
(a)(1) An adult protective services agency shall immediately, or as soon as
practically possible, report by telephone to the law enforcement agency having
jurisdiction over the case any known or suspected instance of criminal activity,
and to any public agency given responsibility for investigation in that jurisdiction of cases of elder and dependent adult abuse, every known or suspected
instance of abuse pursuant to Section 15630 or 15630.1 of an elder or
dependent adult. A county adult protective services agency shall also send a
written report thereof within two working days of receiving the information
concerning the incident to each agency to which it is required to make a
telephone report under this subdivision. Prior to making any cross-report of
allegations of financial abuse to law enforcement agencies, an adult protective
220

services agency shall first determine whether there is reasonable suspicion of
any criminal activity.
(2) If an adult protective services agency receives a report of abuse alleged
to have occurred in a long-term care facility, that adult protective services
agency shall immediately inform the person making the report that he or she
is required to make the report to the long-term care ombudsman program or to
a local law enforcement agency. The adult protective services agency shall not
accept the report by telephone but shall forward any written report received to
the long-term care ombudsman.
(b) If an adult protective services agency or local law enforcement agency or
ombudsman program receiving a report of known or suspected elder or
dependent adult abuse determines, pursuant to its investigation, that the
abuse is being committed by a health practitioner licensed under Division 2
(commencing with Section 500) of the Business and Professions Code, or any
related initiative act, or by a person purporting to be a licensee, the adult
protective services agency or local law enforcement agency or ombudsman
program shall immediately, or as soon as practically possible, report this
information to the appropriate licensing agency. The licensing agency shall
investigate the report in light of the potential for physical harm. The transmittal of information to the appropriate licensing agency shall not relieve the
adult protective services agency or local law enforcement agency or ombudsman program of the responsibility to continue its own investigation as required
under applicable provisions of law. The information reported pursuant to this
paragraph shall remain confidential and shall not be disclosed.
(c) A local law enforcement agency shall immediately, or as soon as practically possible, report by telephone to the long-term care ombudsman program
when the abuse is alleged to have occurred in a long-term care facility or to the
county adult protective services agency when it is alleged to have occurred
anywhere else, and to the agency given responsibility for the investigation of
cases of elder and dependent adult abuse every known or suspected instance of
abuse of an elder or dependent adult. A local law enforcement agency shall also
send a written report thereof within two working days of receiving the
information concerning the incident to any agency to which it is required to
make a telephone report under this subdivision.
(d) A long-term care ombudsman coordinator may report the instance of
abuse to the county adult protective services agency or to the local law
enforcement agency for assistance in the investigation of the abuse if the
victim gives his or her consent. A long-term care ombudsman program and the
Licensing and Certification Division of the State Department of Public Health
shall immediately report by telephone and in writing within two working days
to the bureau any instance of neglect occurring in a health care facility, that
has seriously harmed any patient or reasonably appears to present a serious
threat to the health or physical well-being of a patient in that facility. If a
victim or potential victim of the neglect withholds consent to being identified
in that report, the report shall contain circumstantial information about the
neglect but shall not identify that victim or potential victim and the bureau
and the reporting agency shall maintain the confidentiality of the report until
the report becomes a matter of public record.
(e) When a county adult protective services agency, a long-term care
ombudsman program, or a local law enforcement agency receives a report of
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Misc.

WELFARE AND INSTITUTIONS CODE

BOARD OF PSYCHOLOGY
abuse, neglect, or abandonment of an elder or dependent adult alleged to have
occurred in a long-term care facility, that county adult protective services
agency, long-term care ombudsman coordinator, or local law enforcement
agency shall report the incident to the licensing agency by telephone as soon as
possible.
(f) County adult protective services agencies, long-term care ombudsman
programs, and local law enforcement agencies shall report the results of their
investigations of referrals or reports of abuse to the respective referring or
reporting agencies.
Added Stats 1994 ch 594 § 20 (SB 1681). Amended Stats 1995 ch 91 § 188 (SB 975); Stats 1998 ch
946 § 9.5 (SB 2199); Stats 2005 ch 140 § 9 (SB 1018), effective January 1, 2006; Stats 2011 ch 372
§ 6 (SB 33), effective January 1, 2012.

ARTICLE 6
Investigation of Reports

Misc.

§ 15650. Designation of agency to receive reports; Inventory of service agencies to assist victims
(a) Investigation of reports of known or suspected instances of abuse in
long–term care facilities shall be the responsibility of the bureau, the local law
enforcement agency, and the long–term care ombudsman program.
(b) Investigations of known or suspected instances of abuse outside of
long–term care facilities shall be the responsibility of the county adult
protective services agency, unless another public agency is given responsibility
for investigation in that jurisdiction, and the local law enforcement agency.
(c) The investigative responsibilities set forth in this section are in addition
to, and not in derogation of or substitution for, the investigative and regulatory
responsibilities of licensing agencies, such as the State Department of Social
Services Community Care Licensing Division and the State Department of
Public Health Licensing and Certification Division and their authorized
representatives.
(d) Other public agencies involved in the investigation of abuse or advocacy
of respective client populations, or both, include, but shall not be limited to, the
State Department of State Hospitals and the State Department of Developmental Services. Other public agencies shall conduct or assist in, or both, the
investigation of reports of abuse of elder and dependent adults within their
jurisdiction in conjunction with county adult protective services, local ombudsman programs, and local law enforcement agencies.
(e) Each county adult protective services agency shall maintain an inventory of all public and private service agencies available to assist victims of
abuse, as defined by Section 15610.07. This inventory shall be used to refer
victims in the event that the county adult protective services agency cannot
resolve the immediate needs of the victim, and to serve the victim on a
long–term, followup basis. The intent of this section is to acknowledge that
limited funds are available to resolve all suspected cases of abuse reported to
a county adult protective services agency.
(f) Each local ombudsman program shall maintain an inventory of all public
and private agencies available to assist long–term care residents who are
victims of abuse, as defined by Section 15610.07. This inventory shall be used
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WELFARE AND INSTITUTIONS CODE
to refer cases of abuse in the event that another agency has jurisdiction over
the resident, the abuse is verified and further investigation is needed by a law
enforcement or licensing agency, or the program does not have sufficient
resources to provide immediate assistance. The intent of this section is to
acknowledge that ombudsman responsibility in abuse cases is to receive
reports, determine the validity of reports, refer verified abuse cases to
appropriate agencies for further action as necessary, and follow up to complete
the required report information. Other ombudsman services shall be provided
to the resident, as appropriate.
Added Stats 1994 ch 594 § 21 (SB 1681). Amended Stats 1998 ch 946 § 10 (SB 2199); Stats 2010 ch
617 § 13 (SB 110), effective January 1, 2011; Stats 2012 ch 440 § 80 (AB 1488), effective September
22, 2012; Stats 2013 ch 76 § 224 (AB 383), effective January 1, 2014.

§ 15658. Forms for written abuse reports; Contents
(a) A written abuse report required by this chapter, shall be submitted in
one of the following ways:
(1) On a form adopted by the State Department of Social Services after
consultation with representatives of the various law enforcement agencies, the
California Department of Aging, the State Department of Developmental
Services, the State Department of State Hospitals, the bureau, professional
medical and nursing agencies, hospital associations, and county welfare
departments. These reporting forms shall be distributed by the county adult
protective services agencies and the long-term care ombudsman programs.
This reporting form may also be used for documenting the telephone report of
a known or suspected instance of abuse of an elder or dependent adult by the
county adult protective services agency, local ombudsman program, and local
law enforcement agencies.
(2) Through a confidential Internet reporting tool, if the county or long-term
care ombudsman program chooses to implement such a system. This Internet
reporting tool shall be developed and implemented in a manner that ensures
the confidentiality and security of all information contained in the reports,
pursuant to the confidentiality standards set forth in Sections 10850, 15633,
and 15633.5.
(A) A county or long-term care ombudsman program that chooses to implement this system shall report to the Assembly Committee on Aging and
Long-Term Care, the Assembly Committee on Human Services, the Senate
Committee on Human Services, the Assembly Committee on Public Safety, and
the Senate Committee on Public Safety one year after full implementation.
The report shall include changes in the number of mandated reporters
reporting through the confidential Internet reporting tool, changes in the
number of abandoned calls, and any other quantitative or qualitative data that
indicates the success, or lack thereof, in employing a confidential Internet
reporting tool to better protect the safety and financial security of elder and
dependent adults.
(B) Information sent and received through the confidential Internet reporting tool shall be used only for its intended purpose and shall be subject to the
223

Misc.

ARTICLE 9
Reporting Forms

BOARD OF PSYCHOLOGY

Misc.

same confidentiality and privacy requirements that govern nonelectronic
transmission of the same information, and that are set forth in Sections 10850,
15633, and 15633.5.
(b) The form required by this section and the confidential Internet reporting
tool, if implemented, shall contain the following items:
(1) The name, address, telephone number, and occupation of the person
reporting.
(2) The name and address of the victim.
(3) The date, time, and place of the incident.
(4) Other details, including the reporter’s observations and beliefs concerning the incident.
(5) Any statement relating to the incident made by the victim.
(6) The name of any individuals believed to have knowledge of the incident.
(7) The name of the individuals believed to be responsible for the incident
and their connection to the victim.
(c)(1) Each county adult protective services agency shall report to the State
Department of Social Services monthly on the reports received pursuant to this
chapter. The reports shall be made on forms adopted by the department. The
information reported shall include, but shall not be limited to, the number of
incidents of abuse, the number of persons abused, the type of abuse sustained,
and the actions taken on the reports. For purposes of these reports, sexual
abuse shall be reported separately from physical abuse.
(2) The county’s report to the department shall not include reports it
receives from the long-term care ombudsman program pursuant to subdivision
(d).
(3) The department shall refer to the bureau monthly data summaries of the
reports of elder and dependent adult abuse, neglect, abandonment, isolation,
financial abuse, and other abuse it receives from county adult protective
services agencies.
(d) Each long-term care ombudsman program shall report to the Office of
the State Long-Term Care Ombudsman of the California Department of Aging
monthly on the reports it receives pursuant to this chapter and shall send a
copy to the county adult protective services agency. The Office of the State
Long-Term Care Ombudsman shall submit a summarized quarterly report to
the department based on the monthly reports submitted by local long-term
care ombudsman programs. The reports shall be on forms adopted by the
department and the Office of the State Long-Term Care Ombudsman. The
information reported shall include, but shall not be limited to, the number of
incidents of abuse, the numbers of persons abused, the type of abuse, and the
actions taken on the reports. For purposes of these reports, sexual abuse shall
be reported separately from physical abuse.
Added Stats 1994 ch 594 § 24 (SB 1681). Amended Stats 1998 ch 946 § 11.5 (SB 2199); Stats 2011
ch 373 § 3 (SB 718), effective January 1, 2012; Stats 2012 ch 440 § 81 (AB 1488), effective September
22, 2012.

ARTICLE 10
Employee Statement
§ 15659. Statement as to knowledge of compliance with reporting
requirements
(a) Any person who enters into employment on or after January 1, 1995, as
a care custodian, clergy member, health practitioner, or with an adult protec224

WELFARE AND INSTITUTIONS CODE
tive services agency or a local law enforcement agency, prior to commencing his
or her employment and as a prerequisite to that employment, shall sign a
statement on a form that shall be provided by the prospective employer, to the
effect that he or she has knowledge of Section 15630 and will comply with its
provisions. The employer shall provide a copy of Section 15630 to the employee.
The statement shall inform the employee that he or she is a mandated reporter
and inform the employee of his or her reporting obligations under Section
15630. The signed statement shall be retained by the employer.
(b) Agencies or facilities that employ persons who were employed prior to
January 1, 1995, and who are required to make reports pursuant to Section
15630, shall inform those persons of their responsibility to make reports by
delivering to them a copy of the statement specified in subdivision (a).
(c) The cost of printing, distribution, and filing of these statements shall be
borne by the employer.
(d) On and after January 1, 1995, when a person is issued a state license or
certificate to engage in a profession or occupation the members of which are
required to make a report pursuant to Section 15630, the state agency issuing
the license or certificate shall send to the person a statement substantially
similar to the one contained in subdivision (a) at the same time that it
transmits to the person the document indicating licensure or certification.
(e) As an alternative to the procedure required by subdivision (d), a state
agency may cause the required statement to be printed on all application forms
for a license or certificate printed on or after January 1, 1995.
(f) The retention of statements required by subdivision (a), and the delivery
of statements required by subdivision (b), shall be the full extent of the
employer’s duty pursuant to this section. The failure of any employee or other
person associated with the employer to report abuse of elders or dependent
adults pursuant to Section 15630 or otherwise meet the requirements of this
chapter shall be the sole responsibility of that person. The employer or facility
shall incur no civil or other liability for the failure of these persons to comply
with the requirements of this chapter.
Misc.

Added Stats 1994 ch 594 § 25 (SB 1681). Amended Stats 1998 ch 946 § 12 (SB 2199); Stats 2002 ch
54 § 12.7 (AB 255).

225

Misc.

EXTRACTED FROM
EVIDENCE CODE
DIVISION 8
Privileges
CHAPTER 1
Definitions
§ 901. “Proceeding”
“Proceeding” means any action, hearing, investigation, inquest, or inquiry
(whether conducted by a court, administrative agency, hearing officer, arbitrator, legislative body, or any other person authorized by law) in which, pursuant
to law, testimony can be compelled to be given.
Enacted Stats 1965 ch 299 § 2, operative January 1, 1967.

CHAPTER 4
Particular Privileges

§ 1010. “Psychotherapist”
As used in this article, “psychotherapist” means a person who is, or is
reasonably believed by the patient to be:
(a) A person authorized to practice medicine in any state or nation who
devotes, or is reasonably believed by the patient to devote, a substantial
portion of his or her time to the practice of psychiatry.
(b) A person licensed as a psychologist under Chapter 6.6 (commencing with
Section 2900) of Division 2 of the Business and Professions Code.
(c) A person licensed as a clinical social worker under Article 4 (commencing
with Section 4996) of Chapter 14 of Division 2 of the Business and Professions
Code, when he or she is engaged in applied psychotherapy of a nonmedical
nature.
(d) A person who is serving as a school psychologist and holds a credential
authorizing that service issued by the state.
(e) A person licensed as a marriage and family therapist under Chapter 13
(commencing with Section 4980) of Division 2 of the Business and Professions
Code.
(f) A person registered as a psychological assistant who is under the
supervision of a licensed psychologist or board certified psychiatrist as required by Section 2913 of the Business and Professions Code, or a person
registered as a marriage and family therapist intern who is under the
supervision of a licensed marriage and family therapist, a licensed clinical
social worker, a licensed psychologist, or a licensed physician and surgeon
227

Misc.

ARTICLE 7
Psychotherapist–Patient Privilege

BOARD OF PSYCHOLOGY

Misc.

certified in psychiatry, as specified in Section 4980.44 of the Business and
Professions Code.
(g) A person registered as an associate clinical social worker who is under
supervision as specified in Section 4996.23 of the Business and Professions
Code.
(h) A person exempt from the Psychology Licensing Law pursuant to
subdivision (d) of Section 2909 of the Business and Professions Code who is
under the supervision of a licensed psychologist or board certified psychiatrist.
(i) A psychological intern as defined in Section 2911 of the Business and
Professions Code who is under the supervision of a licensed psychologist or
board certified psychiatrist.
(j) A trainee, as defined in subdivision (c) of Section 4980.03 of the Business
and Professions Code, who is fulfilling his or her supervised practicum
required by subparagraph (B) of paragraph (1) of subdivision (d) of Section
4980.36 of, or subdivision (c) of Section 4980.37 of, the Business and Professions Code and is supervised by a licensed psychologist, a board certified
psychiatrist, a licensed clinical social worker, a licensed marriage and family
therapist, or a licensed professional clinical counselor.
(k) A person licensed as a registered nurse pursuant to Chapter 6 (commencing with Section 2700) of Division 2 of the Business and Professions Code,
who possesses a master’s degree in psychiatric-mental health nursing and is
listed as a psychiatric-mental health nurse by the Board of Registered
Nursing.
(l) An advanced practice registered nurse who is certified as a clinical nurse
specialist pursuant to Article 9 (commencing with Section 2838) of Chapter 6
of Division 2 of the Business and Professions Code and who participates in
expert clinical practice in the specialty of psychiatric-mental health nursing.
(m) A person rendering mental health treatment or counseling services as
authorized pursuant to Section 6924 of the Family Code.
(n) A person licensed as a professional clinical counselor under Chapter 16
(commencing with Section 4999.10) of Division 2 of the Business and Professions Code.
(o) A person registered as a clinical counselor intern who is under the
supervision of a licensed professional clinical counselor, a licensed marriage
and family therapist, a licensed clinical social worker, a licensed psychologist,
or a licensed physician and surgeon certified in psychiatry, as specified in
Sections 4999.42 to 4999.46, inclusive, of the Business and Professions Code.
(p) A clinical counselor trainee, as defined in subdivision (g) of Section
4999.12 of the Business and Professions Code, who is fulfilling his or her
supervised practicum required by paragraph (3) of subdivision (c) of Section
4999.32 of, or paragraph (3) of subdivision (c) of Section 4999.33 of, the
Business and Professions Code, and is supervised by a licensed psychologist, a
board-certified psychiatrist, a licensed clinical social worker, a licensed marriage and family therapist, or a licensed professional clinical counselor.
Enacted Stats 1965 ch 299 § 2, operative January 1, 1967. Amended Stats 1967 ch 1677 § 3; Stats
1970 ch 1396 § 1.5, ch 1397 § 1.5; Stats 1972 ch 888 § 1; 1974 ch 546 § 6; Stats 1983 ch 928 § 8;
Stats 1987 ch 724 § 1; Stats 1988 ch 488 § 1; Stats 1989 ch 1104 § 37; Stats 1990 ch 662 § 1 (AB
3613); Stats 1992 ch 308 § 2 (AB 3035); Stats 1994 ch 1270 § 1 (AB 2659); Stats 2001 ch 142 § 1 (SB
716), ch 420 § 1 (AB 1253), effective October 2, 2001, inoperative January 1, 2002, ch 420 § 1.5 (AB
1253), effective October 2, 2001, operative January 1, 2002; Stats 2009 ch 26 § 21 (SB 33), effective
January 1, 2010; Stats 2011 ch 381 § 21 (SB 146), effective January 1, 2012.

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§ 1010.5. Communication between patient and educational
psychologist
A communication between a patient and an educational psychologist, licensed under Article 5 (commencing with Section 4986) of Chapter 13 of
Division 2 of the Business and Professions Code, shall be privileged to the
same extent, and subject to the same limitations, as a communication between
a patient and a psychotherapist described in subdivisions (c), (d), and (e) of
Section 1010.
Added Stats 1985 ch 545 § 1.

§ 1011. “Patient”
As used in this article, “patient” means a person who consults a psychotherapist or submits to an examination by a psychotherapist for the purpose of
securing a diagnosis or preventive, palliative, or curative treatment of his
mental or emotional condition or who submits to an examination of his mental
or emotional condition for the purpose of scientific research on mental or
emotional problems.
Enacted Stats 1965 ch 299 § 2, operative January 1, 1967.

§ 1012. “Confidential communication between patient and
psychotherapist”
As used in this article, “confidential communication between patient and
psychotherapist” means information, including information obtained by an
examination of the patient, transmitted between a patient and his psychotherapist in the course of that relationship and in confidence by a means
which, so far as the patient is aware, discloses the information to no third
persons other than those who are present to further the interest of the patient
in the consultation, or those to whom disclosure is reasonably necessary for the
transmission of the information or the accomplishment of the purpose for
which the psychotherapist is consulted, and includes a diagnosis made and the
advice given by the psychotherapist in the course of that relationship.

§ 1013. “Holder of the privilege”
As used in this article, “holder of the privilege” means:
(a) The patient when he has no guardian or conservator.
(b) A guardian or conservator of the patient when the patient has a guardian
or conservator.
(c) The personal representative of the patient if the patient is dead.
Enacted Stats 1965 ch 299 § 2, operative January 1, 1967.

§ 1014. Psychotherapist–patient privilege
Subject to Section 912 and except as otherwise provided in this article, the
patient, whether or not a party, has a privilege to refuse to disclose, and to
prevent another from disclosing, a confidential communication between patient and psychotherapist if the privilege is claimed by:
(a) The holder of the privilege.
(b) A person who is authorized to claim the privilege by the holder of the
privilege.
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Enacted Stats 1965 ch 299 § 2, operative January 1, 1967. Amended Stats 1967 ch 650 § 5; Stats
1970 ch 1396 § 2, ch 1397 § 2.

BOARD OF PSYCHOLOGY
(c) The person who was the psychotherapist at the time of the confidential
communication, but the person may not claim the privilege if there is no holder
of the privilege in existence or if he or she is otherwise instructed by a person
authorized to permit disclosure.
The relationship of a psychotherapist and patient shall exist between a
psychological corporation as defined in Article 9 (commencing with Section
2995) of Chapter 6.6 of Division 2 of the Business and Professions Code, a
marriage and family therapist corporation as defined in Article 6 (commencing
with Section 4987.5) of Chapter 13 of Division 2 of the Business and
Professions Code, a licensed clinical social workers corporation as defined in
Article 5 (commencing with Section 4998) of Chapter 14 of Division 2 of the
Business and Professions Code, or a professional clinical counselor corporation
as defined in Article 7 (commencing with Section 4999.123) of Chapter 16 of
Division 2 of the Business and Professions Code, and the patient to whom it
renders professional services, as well as between those patients and psychotherapists employed by those corporations to render services to those patients.
The word “persons” as used in this subdivision includes partnerships, corporations, limited liability companies, associations, and other groups and entities.
Enacted Stats 1965 ch 299 § 2, operative January 1, 1967. Amended Stats 1969 ch 871 § 1; Stats
1972 ch 1286 § 6; Stats 1989 ch 1104 § 38; Stats 1990 ch 605 § 1 (SB 2245); Stats 1994 ch 1010 § 106
(SB 2053); Stats 2002 ch 1013 § 78 (SB 2026); Stats 2011 ch 381 § 22 (SB 146), effective January 1,
2012.

§ 1015. When psychotherapist required to claim privilege
The psychotherapist who received or made a communication subject to the
privilege under this article shall claim the privilege whenever he is present
when the communication is sought to be disclosed and is authorized to claim
the privilege under subdivision (c) of Section 1014.
Enacted Stats 1965 ch 299 § 2, operative January 1, 1967.

Misc.

§ 1016. Patient–litigant exception
There is no privilege under this article as to a communication relevant to an
issue concerning the mental or emotional condition of the patient if such issue
has been tendered by:
(a) The patient;
(b) Any party claiming through or under the patient;
(c) Any party claiming as a beneficiary of the patient through a contract to
which the patient is or was a party; or
(d) The plaintiff in an action brought under Section 376 or 377 of the Code
of Civil Procedure for damages for the injury or death of the patient.
Enacted Stats 1965 ch 299 § 2, operative January 1, 1967.

§ 1017. Exception where psychotherapist is appointed by court or
Board of Prison Terms
(a) There is no privilege under this article if the psychotherapist is appointed by order of a court to examine the patient, but this exception does not
apply where the psychotherapist is appointed by order of the court upon the
request of the lawyer for the defendant in a criminal proceeding in order to
provide the lawyer with information needed so that he or she may advise the
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EVIDENCE CODE
defendant whether to enter or withdraw a plea based on insanity or to present
a defense based on his or her mental or emotional condition.
(b) There is no privilege under this article if the psychotherapist is appointed by the Board of Prison Terms to examine a patient pursuant to the
provisions of Article 4 (commencing with Section 2960) of Chapter 7 of Title 1
of Part 3 of the Penal Code.
Enacted Stats 1965 ch 299 § 2, operative January 1, 1967. Amended Stats 1967 ch 650 § 6; Stats
1987 ch 687 § 1.

§ 1018. Crime or tort
There is no privilege under this article if the services of the psychotherapist
were sought or obtained to enable or aid anyone to commit or plan to commit
a crime or a tort or to escape detection or apprehension after the commission
of a crime or a tort.
Enacted Stats 1965 ch 299 § 2, operative January 1, 1967.

§ 1019. Parties claiming through deceased patient
There is no privilege under this article as to a communication relevant to an
issue between parties all of whom claim through a deceased patient, regardless
of whether the claims are by testate or intestate succession or by inter vivos
transaction.
Enacted Stats 1965 ch 299 § 2, operative January 1, 1967.

§ 1020. Breach of duty arising out of psychotherapist–patient
relationship
There is no privilege under this article as to a communication relevant to an
issue of breach, by the psychotherapist or by the patient, of a duty arising out
of the psychotherapist–patient relationship.
§ 1023. Proceeding to determine sanity of criminal defendant
There is no privilege under this article in a proceeding under Chapter 6
(commencing with Section 1367) of Title 10 of Part 2 of the Penal Code initiated
at the request of the defendant in a criminal action to determine his sanity.
Enacted Stats 1965 ch 299 § 2, operative January 1, 1967.

§ 1024. Patient dangerous to self or others
There is no privilege under this article if the psychotherapist has reasonable
cause to believe that the patient is in such mental or emotional condition as to
be dangerous to himself or to the person or property of another and that
disclosure of the communication is necessary to prevent the threatened danger.
Enacted Stats 1965 ch 299 § 2, operative January 1, 1967.

§ 1025. Proceeding to establish competence
There is no privilege under this article in a proceeding brought by or on
behalf of the patient to establish his competence.
Enacted Stats 1965 ch 299 § 2, operative January 1, 1967.

§ 1026. Required report
There is no privilege under this article as to information that the psychotherapist or the patient is required to report to a public employee or as to
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Enacted Stats 1965 ch 299 § 2, operative January 1, 1967.

BOARD OF PSYCHOLOGY
information required to be recorded in a public office, if such report or record
is open to public inspection.
Enacted Stats 1965 ch 299 § 2, operative January 1, 1967.

§ 1027. Exception; Patient under 16 who is victim of crime
There is no privilege under this article if all of the following circumstances
exist:
(a) The patient is a child under the age of 16.
(b) The psychotherapist has reasonable cause to believe that the patient has
been the victim of a crime and that disclosure of the communication is in the
best interest of the child.
Added Stats 1970 ch 1397 § 3.

ARTICLE 9
Official Information and Identity of Informer

Misc.

§ 1040. Privilege for official information
(a) As used in this section, “official information” means information acquired in confidence by a public employee in the course of his or her duty and
not open, or officially disclosed, to the public prior to the time the claim of
privilege is made.
(b) A public entity has a privilege to refuse to disclose official information,
and to prevent another from disclosing official information, if the privilege is
claimed by a person authorized by the public entity to do so and:
(1) Disclosure is forbidden by an act of the Congress of the United States or
a statute of this state; or
(2) Disclosure of the information is against the public interest because there
is a necessity for preserving the confidentiality of the information that
outweighs the necessity for disclosure in the interest of justice; but no privilege
may be claimed under this paragraph if any person authorized to do so has
consented that the information be disclosed in the proceeding. In determining
whether disclosure of the information is against the public interest, the
interest of the public entity as a party in the outcome of the proceeding may not
be considered.
(c) Notwithstanding any other provision of law, the Employment Development Department shall disclose to law enforcement agencies, in accordance
with the provisions of subdivision (k) of Section 1095 and subdivision (b) of
Section 2714 of the Unemployment Insurance Code, information in its possession relating to any person if an arrest warrant has been issued for the person
for commission of a felony.
Enacted Stats 1965 ch 299 § 2, operative January 1, 1967. Amended Stats 1984 ch 1127 § 2.

232

EXTRACTED FROM
CIVIL CODE
DIVISION 1
Persons
PART 2
§ 43.8. Immunity as to communication in aid of evaluation of practitioner of healing or veterinary arts
(a) In addition to the privilege afforded by Section 47, there shall be no
monetary liability on the part of, and no cause of action for damages shall arise
against, any person on account of the communication of information in the
possession of that person to any hospital, hospital medical staff, veterinary
hospital staff, professional society, medical, dental, podiatric, psychology,
marriage and family therapy, professional clinical counselor, or veterinary
school, professional licensing board or division, committee or panel of a
licensing board, the Senior Assistant Attorney General of the Health Quality
Enforcement Section appointed under Section 12529 of the Government Code,
peer review committee, quality assurance committees established in compliance with Sections 4070 and 5624 of the Welfare and Institutions Code, or
underwriting committee described in Section 43.7 when the communication is
intended to aid in the evaluation of the qualifications, fitness, character, or
insurability of a practitioner of the healing or veterinary arts.
(b) The immunities afforded by this section and by Section 43.7 shall not
affect the availability of any absolute privilege that may be afforded by Section
47.
(c) Nothing in this section is intended in any way to affect the California
Supreme Court’s decision in Hassan v. Mercy American River Hospital (2003)
31 Cal.4th 709, holding that subdivision (a) provides a qualified privilege.
Added Stats 1974 ch 1086 § 1. Amended Stats 1975 2d Ex Sess ch 1 § 24.4; Stats 1976 ch 532 § 2;
Stats 1977 ch 934 § 2; Stats 1982 ch 234 § 3, effective June 2, 1982, ch 705 § 2; Stats 1983 ch 1081
§ 2; Stats 1984 ch 515 § 4; Stats 1983 ch 1081 § 2, operative January 1, 1990; Stats 1990 ch 1597
§ 30 (SB 2375); Stats 2002 ch 664 § 31 (AB 3034); Stats 2007 ch 36 § 1 (SB 822), effective January
1, 2008; Stats 2008 ch 23 § 1 (AB 164), effective January 1, 2009; Stats 2011 ch 381 § 15 (SB 146),
effective January 1, 2012.

§ 43.92. Psychotherapist’s duty to protect of patient’s violent behavior; Immunity from liability; Legislative intent
(a) There shall be no monetary liability on the part of, and no cause of action
shall arise against, any person who is a psychotherapist as defined in Section
1010 of the Evidence Code in failing to protect from a patient’s threatened
violent behavior or failing to predict and protect from a patient’s violent
behavior except if the patient has communicated to the psychotherapist a
serious threat of physical violence against a reasonably identifiable victim or
victims.
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BOARD OF PSYCHOLOGY
(b) There shall be no monetary liability on the part of, and no cause of action
shall arise against, a psychotherapist who, under the limited circumstances
specified in subdivision (a), discharges his or her duty to protect by making
reasonable efforts to communicate the threat to the victim or victims and to a
law enforcement agency.
(c) It is the intent of the Legislature that the amendments made by the act
adding this subdivision only change the name of the duty referenced in this
section from a duty to warn and protect to a duty to protect. Nothing in this
section shall be construed to be a substantive change, and any duty of a
psychotherapist shall not be modified as a result of changing the wording in
this section.
(d) It is the intent of the Legislature that a court interpret this section, as
amended by the act adding this subdivision, in a manner consistent with the
interpretation of this section as it read prior to January 1, 2013.
Added Stats 1985 ch 737 § 1. Amended Stats 2006 ch 136 § 1 (AB 733), effective January 1, 2007;
Stats 2012 ch 149 § 1 (SB 1134), effective January 1, 2013.

Misc.

§ 43.93. Patient’s action against psychotherapist for sexual contact
(a) For the purposes of this section the following definitions are applicable:
(1) “Psychotherapy” means the professional treatment, assessment, or counseling of a mental or emotional illness, symptom, or condition.
(2) “Psychotherapist” means a physician and surgeon specializing in the
practice of psychiatry, a psychologist, a psychological assistant, a marriage and
family therapist, a registered marriage and family therapist intern or trainee,
an educational psychologist, an associate clinical social worker, a licensed
clinical social worker, a professional clinical counselor, or a registered clinical
counselor intern or trainee.
(3) “Sexual contact” means the touching of an intimate part of another
person. “Intimate part” and “touching” have the same meanings as defined in
subdivisions (f) and (d), respectively, of Section 243.4 of the Penal Code. For the
purposes of this section, sexual contact includes sexual intercourse, sodomy,
and oral copulation.
(4) “Therapeutic relationship” exists during the time the patient or client is
rendered professional service by the psychotherapist.
(5) “Therapeutic deception” means a representation by a psychotherapist
that sexual contact with the psychotherapist is consistent with or part of the
patient’s or former patient’s treatment.
(b) A cause of action against a psychotherapist for sexual contact exists for
a patient or former patient for injury caused by sexual contact with the
psychotherapist, if the sexual contact occurred under any of the following
conditions:
(1) During the period the patient was receiving psychotherapy from the
psychotherapist.
(2) Within two years following termination of therapy.
(3) By means of therapeutic deception.
(c) The patient or former patient may recover damages from a psychotherapist who is found liable for sexual contact. It is not a defense to the action that
sexual contact with a patient occurred outside a therapy or treatment session
or that it occurred off the premises regularly used by the psychotherapist for
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therapy or treatment sessions. No cause of action shall exist between spouses
within a marriage.
(d) In an action for sexual contact, evidence of the plaintiff’s sexual history
is not subject to discovery and is not admissible as evidence except in either of
the following situations:
(1) The plaintiff claims damage to sexual functioning.
(2) The defendant requests a hearing prior to conducting discovery and
makes an offer of proof of the relevancy of the history, and the court finds that
the history is relevant and the probative value of the history outweighs its
prejudicial effect.
The court shall allow the discovery or introduction as evidence only of
specific information or examples of the plaintiff’s conduct that are determined
by the court to be relevant. The court’s order shall detail the information or
conduct that is subject to discovery.
Added Stats 1987 ch 1474 § 1. Amended Stats 1992 ch 890 § 5 (SB 1394); Stats 1993 ch 589 § 19 (AB
2211); Stats 2002 ch 1013 § 73 (SB 2026); Stats 2011 ch 381 § 16 (SB 146), effective January 1, 2012.

PART 2.6
Confidentiality of Medical Information
CHAPTER 2
§ 56.10. Authorization for disclosure; When disclosure compelled;
When disclosure allowed; Prohibitions
(a) A provider of health care, health care service plan, or contractor shall not
disclose medical information regarding a patient of the provider of health care
or an enrollee or subscriber of a health care service plan without first obtaining
an authorization, except as provided in subdivision (b) or (c).
(b) A provider of health care, a health care service plan, or a contractor shall
disclose medical information if the disclosure is compelled by any of the
following:
(1) By a court pursuant to an order of that court.
(2) By a board, commission, or administrative agency for purposes of
adjudication pursuant to its lawful authority.
(3) By a party to a proceeding before a court or administrative agency
pursuant to a subpoena, subpoena duces tecum, notice to appear served
pursuant to Section 1987 of the Code of Civil Procedure, or any provision
authorizing discovery in a proceeding before a court or administrative agency.
(4) By a board, commission, or administrative agency pursuant to an
investigative subpoena issued under Article 2 (commencing with Section
11180) of Chapter 2 of Part 1 of Division 3 of Title 2 of the Government Code.
(5) By an arbitrator or arbitration panel, when arbitration is lawfully
requested by either party, pursuant to a subpoena duces tecum issued under
Section 1282.6 of the Code of Civil Procedure, or another provision authorizing
discovery in a proceeding before an arbitrator or arbitration panel.
(6) By a search warrant lawfully issued to a governmental law enforcement
agency.
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Disclosure of Medical Information by Providers

BOARD OF PSYCHOLOGY

Misc.

(7) By the patient or the patient’s representative pursuant to Chapter 1
(commencing with Section 123100) of Part 1 of Division 106 of the Health and
Safety Code.
(8) By a coroner, when requested in the course of an investigation by the
coroner’s office for the purpose of identifying the decedent or locating next of
kin, or when investigating deaths that may involve public health concerns,
organ or tissue donation, child abuse, elder abuse, suicides, poisonings,
accidents, sudden infant deaths, suspicious deaths, unknown deaths, or
criminal deaths, or upon notification of, or investigation of, imminent deaths
that may involve organ or tissue donation pursuant to Section 7151.15 of the
Health and Safety Code, or when otherwise authorized by the decedent’s
representative. Medical information requested by the coroner under this
paragraph shall be limited to information regarding the patient who is the
decedent and who is the subject of the investigation or who is the prospective
donor and shall be disclosed to the coroner without delay upon request.
(9) When otherwise specifically required by law.
(c) A provider of health care or a health care service plan may disclose
medical information as follows:
(1) The information may be disclosed to providers of health care, health care
service plans, contractors, or other health care professionals or facilities for
purposes of diagnosis or treatment of the patient. This includes, in an
emergency situation, the communication of patient information by radio
transmission or other means between emergency medical personnel at the
scene of an emergency, or in an emergency medical transport vehicle, and
emergency medical personnel at a health facility licensed pursuant to Chapter
2 (commencing with Section 1250) of Division 2 of the Health and Safety Code.
(2) The information may be disclosed to an insurer, employer, health care
service plan, hospital service plan, employee benefit plan, governmental
authority, contractor, or other person or entity responsible for paying for health
care services rendered to the patient, to the extent necessary to allow
responsibility for payment to be determined and payment to be made. If (A) the
patient is, by reason of a comatose or other disabling medical condition, unable
to consent to the disclosure of medical information and (B) no other arrangements have been made to pay for the health care services being rendered to the
patient, the information may be disclosed to a governmental authority to the
extent necessary to determine the patient’s eligibility for, and to obtain,
payment under a governmental program for health care services provided to
the patient. The information may also be disclosed to another provider of
health care or health care service plan as necessary to assist the other provider
or health care service plan in obtaining payment for health care services
rendered by that provider of health care or health care service plan to the
patient.
(3) The information may be disclosed to a person or entity that provides
billing, claims management, medical data processing, or other administrative
services for providers of health care or health care service plans or for any of
the persons or entities specified in paragraph (2). However, information so
disclosed shall not be further disclosed by the recipient in a way that would
violate this part.
(4) The information may be disclosed to organized committees and agents of
professional societies or of medical staffs of licensed hospitals, licensed health
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care service plans, professional standards review organizations, independent
medical review organizations and their selected reviewers, utilization and
quality control peer review organizations as established by Congress in Public
Law 97-248 in 1982, contractors, or persons or organizations insuring, responsible for, or defending professional liability that a provider may incur, if the
committees, agents, health care service plans, organizations, reviewers, contractors, or persons are engaged in reviewing the competence or qualifications
of health care professionals or in reviewing health care services with respect to
medical necessity, level of care, quality of care, or justification of charges.
(5) The information in the possession of a provider of health care or health
care service plan may be reviewed by a private or public body responsible for
licensing or accrediting the provider of health care or health care service plan.
However, no patient-identifying medical information may be removed from the
premises except as expressly permitted or required elsewhere by law, nor shall
that information be further disclosed by the recipient in a way that would
violate this part.
(6) The information may be disclosed to the county coroner in the course of
an investigation by the coroner’s office when requested for all purposes not
included in paragraph (8) of subdivision (b).
(7) The information may be disclosed to public agencies, clinical investigators, including investigators conducting epidemiologic studies, health care
research organizations, and accredited public or private nonprofit educational
or health care institutions for bona fide research purposes. However, no
information so disclosed shall be further disclosed by the recipient in a way
that would disclose the identity of a patient or violate this part.
(8) A provider of health care or health care service plan that has created
medical information as a result of employment-related health care services to
an employee conducted at the specific prior written request and expense of the
employer may disclose to the employee’s employer that part of the information
that:
(A) Is relevant in a lawsuit, arbitration, grievance, or other claim or
challenge to which the employer and the employee are parties and in which the
patient has placed in issue his or her medical history, mental or physical
condition, or treatment, provided that information may only be used or
disclosed in connection with that proceeding.
(B) Describes functional limitations of the patient that may entitle the
patient to leave from work for medical reasons or limit the patient’s fitness to
perform his or her present employment, provided that no statement of medical
cause is included in the information disclosed.
(9) Unless the provider of health care or a health care service plan is notified
in writing of an agreement by the sponsor, insurer, or administrator to the
contrary, the information may be disclosed to a sponsor, insurer, or administrator of a group or individual insured or uninsured plan or policy that the
patient seeks coverage by or benefits from, if the information was created by
the provider of health care or health care service plan as the result of services
conducted at the specific prior written request and expense of the sponsor,
insurer, or administrator for the purpose of evaluating the application for
coverage or benefits.
(10) The information may be disclosed to a health care service plan by
providers of health care that contract with the health care service plan and
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BOARD OF PSYCHOLOGY

Misc.

may be transferred among providers of health care that contract with the
health care service plan, for the purpose of administering the health care
service plan. Medical information shall not otherwise be disclosed by a health
care service plan except in accordance with this part.
(11) This part does not prevent the disclosure by a provider of health care or
a health care service plan to an insurance institution, agent, or support
organization, subject to Article 6.6 (commencing with Section 791) of Chapter
1 of Part 2 of Division 1 of the Insurance Code, of medical information if the
insurance institution, agent, or support organization has complied with all of
the requirements for obtaining the information pursuant to Article 6.6 (commencing with Section 791) of Chapter 1 of Part 2 of Division 1 of the Insurance
Code.
(12) The information relevant to the patient’s condition, care, and treatment
provided may be disclosed to a probate court investigator in the course of an
investigation required or authorized in a conservatorship proceeding under the
Guardianship-Conservatorship Law as defined in Section 1400 of the Probate
Code, or to a probate court investigator, probation officer, or domestic relations
investigator engaged in determining the need for an initial guardianship or
continuation of an existing guardianship.
(13) The information may be disclosed to an organ procurement organization or a tissue bank processing the tissue of a decedent for transplantation
into the body of another person, but only with respect to the donating decedent,
for the purpose of aiding the transplant. For the purpose of this paragraph,
“tissue bank” and “tissue” have the same meanings as defined in Section 1635
of the Health and Safety Code.
(14) The information may be disclosed when the disclosure is otherwise
specifically authorized by law, including, but not limited to, the voluntary
reporting, either directly or indirectly, to the federal Food and Drug Administration of adverse events related to drug products or medical device problems,
or to disclosures made pursuant to subdivisions (b) and (c) of Section 11167 of
the Penal Code by a person making a report pursuant to Sections 11165.9 and
11166 of the Penal Code, provided that those disclosures concern a report made
by that person.
(15) Basic information, including the patient’s name, city of residence, age,
sex, and general condition, may be disclosed to a state-recognized or federally
recognized disaster relief organization for the purpose of responding to
disaster welfare inquiries.
(16) The information may be disclosed to a third party for purposes of
encoding, encrypting, or otherwise anonymizing data. However, no information
so disclosed shall be further disclosed by the recipient in a way that would
violate this part, including the unauthorized manipulation of coded or encrypted medical information that reveals individually identifiable medical
information.
(17) For purposes of disease management programs and services as defined
in Section 1399.901 of the Health and Safety Code, information may be
disclosed as follows: (A) to an entity contracting with a health care service plan
or the health care service plan’s contractors to monitor or administer care of
enrollees for a covered benefit, if the disease management services and care are
authorized by a treating physician, or (B) to a disease management organiza238

tion, as defined in Section 1399.900 of the Health and Safety Code, that
complies fully with the physician authorization requirements of Section
1399.902 of the Health and Safety Code, if the health care service plan or its
contractor provides or has provided a description of the disease management
services to a treating physician or to the health care service plan’s or
contractor’s network of physicians. This paragraph does not require physician
authorization for the care or treatment of the adherents of a well-recognized
church or religious denomination who depend solely upon prayer or spiritual
means for healing in the practice of the religion of that church or denomination.
(18) The information may be disclosed, as permitted by state and federal
law or regulation, to a local health department for the purpose of preventing or
controlling disease, injury, or disability, including, but not limited to, the
reporting of disease, injury, vital events, including, but not limited to, birth or
death, and the conduct of public health surveillance, public health investigations, and public health interventions, as authorized or required by state or
federal law or regulation.
(19) The information may be disclosed, consistent with applicable law and
standards of ethical conduct, by a psychotherapist, as defined in Section 1010
of the Evidence Code, if the psychotherapist, in good faith, believes the
disclosure is necessary to prevent or lessen a serious and imminent threat to
the health or safety of a reasonably foreseeable victim or victims, and the
disclosure is made to a person or persons reasonably able to prevent or lessen
the threat, including the target of the threat.
(20) The information may be disclosed as described in Section 56.103.
(21)(A) The information may be disclosed to an employee welfare benefit
plan, as defined under Section 3(1) of the Employee Retirement Income
Security Act of 1974 (29 U.S.C. Sec. 1002(1)), which is formed under Section
302(c)(5) of the Taft-Hartley Act (29 U.S.C. Sec. 186(c)(5)), to the extent that
the employee welfare benefit plan provides medical care, and may also be
disclosed to an entity contracting with the employee welfare benefit plan for
billing, claims management, medical data processing, or other administrative
services related to the provision of medical care to persons enrolled in the
employee welfare benefit plan for health care coverage, if all of the following
conditions are met:
(i) The disclosure is for the purpose of determining eligibility, coordinating
benefits, or allowing the employee welfare benefit plan or the contracting
entity to advocate on the behalf of a patient or enrollee with a provider, a
health care service plan, or a state or federal regulatory agency.
(ii) The request for the information is accompanied by a written authorization for the release of the information submitted in a manner consistent with
subdivision (a) and Section 56.11.
(iii) The disclosure is authorized by and made in a manner consistent with
the Health Insurance Portability and Accountability Act of 1996 (Public Law
104-191).
(iv) Any information disclosed is not further used or disclosed by the
recipient in any way that would directly or indirectly violate this part or the
restrictions imposed by Part 164 of Title 45 of the Code of Federal Regulations,
including the manipulation of the information in any way that might reveal
individually identifiable medical information.
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BOARD OF PSYCHOLOGY
(B) For purposes of this paragraph, Section 1374.8 of the Health and Safety
Code shall not apply.
(22) Information may be disclosed pursuant to subdivision (a) of Section
15633.5 of the Welfare and Institutions Code by a person required to make a
report pursuant to Section 15630 of the Welfare and Institutions Code,
provided that the disclosure under subdivision (a) of Section 15633.5 concerns
a report made by that person. Covered entities, as they are defined in Section
160.103 of Title 45 of the Code of Federal Regulations, shall comply with the
requirements of the Health Insurance Portability and Accountability Act
(HIPAA) privacy rule pursuant to subsection (c) of Section 164.512 of Title 45
of the Code of Federal Regulations if the disclosure is not for the purpose of
public health surveillance, investigation, intervention, or reporting an injury
or death.
(d) Except to the extent expressly authorized by a patient, enrollee, or
subscriber, or as provided by subdivisions (b) and (c), a provider of health care,
health care service plan, contractor, or corporation and its subsidiaries and
affiliates shall not intentionally share, sell, use for marketing, or otherwise use
medical information for a purpose not necessary to provide health care services
to the patient.
(e) Except to the extent expressly authorized by a patient or enrollee or
subscriber or as provided by subdivisions (b) and (c), a contractor or corporation and its subsidiaries and affiliates shall not further disclose medical
information regarding a patient of the provider of health care or an enrollee or
subscriber of a health care service plan or insurer or self-insured employer
received under this section to a person or entity that is not engaged in
providing direct health care services to the patient or his or her provider of
health care or health care service plan or insurer or self-insured employer.
Added Stats 2000 ch 1068 § 1.16 (AB 1836), operative January 1, 2003. Amended Stats 2002 ch 123
§ 1 (AB 1958); Stats 2003 ch 562 § 2 (AB 715); Stats 2006 ch 874 § 2 (SB 1430), effective January
1, 2007; Stats 2007 ch 506 § 1 (AB 1178) (ch 553 prevails), effective January 1, 2008; Stats 2007 ch
552 § 2 (AB 1687) (ch 553 prevails), effective January 1, 2008; Stats 2007 ch 553 § 1.9 (AB 1727),
effective January 1, 2008; Stats 2008 ch 179 § 27 (SB 1498), effective January 1, 2009; Stats 2009 ch
493 § 1 (AB 952), effective January 1, 2010; Stats 2010 ch 540 § 1 (AB 2028), effective January 1,
2011; Stats 2013 ch 341 § 1 (AB 1297), effective January 1, 2014.

Misc.

§ 56.103. Disclosure of minor’s medical information or minor’s mental health condition for purpose of coordinating health care services
and medical treatment
(a) A provider of health care may disclose medical information to a county
social worker, a probation officer, or any other person who is legally authorized
to have custody or care of a minor for the purpose of coordinating health care
services and medical treatment provided to the minor.
(b) For purposes of this section, health care services and medical treatment
includes one or more providers of health care providing, coordinating, or
managing health care and related services, including, but not limited to, a
provider of health care coordinating health care with a third party, consultation between providers of health care and medical treatment relating to a
minor, or a provider of health care referring a minor for health care services to
another provider of health care.
(c) For purposes of this section, a county social worker, a probation officer, or
any other person who is legally authorized to have custody or care of a minor
shall be considered a third party who may receive any of the following:
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(1) Medical information described in Sections 56.05 and 56.10.
(2) Protected health information described in Section 160.103 of Title 45 of
the Code of Federal Regulations.
(d) Medical information disclosed to a county social worker, probation
officer, or any other person who is legally authorized to have custody or care of
a minor shall not be further disclosed by the recipient unless the disclosure is
for the purpose of coordinating health care services and medical treatment of
the minor and the disclosure is authorized by law. Medical information
disclosed pursuant to this section may not be admitted into evidence in any
criminal or delinquency proceeding against the minor. Nothing in this subdivision shall prohibit identical evidence from being admissible in a criminal
proceeding if that evidence is derived solely from lawful means other than this
section and is permitted by law.
(e)(1) Notwithstanding Section 56.104, if a provider of health care determines that the disclosure of medical information concerning the diagnosis and
treatment of a mental health condition of a minor is reasonably necessary for
the purpose of assisting in coordinating the treatment and care of the minor,
that information may be disclosed to a county social worker, probation officer,
or any other person who is legally authorized to have custody or care of the
minor. The information shall not be further disclosed by the recipient unless
the disclosure is for the purpose of coordinating mental health services and
treatment of the minor and the disclosure is authorized by law.
(2) As used in this subdivision, “medical information” does not include
psychotherapy notes as defined in Section 164.501 of Title 45 of the Code of
Federal Regulations.
(f) The disclosure of information pursuant to this section is not intended to
limit the disclosure of information when that disclosure is otherwise required
by law.
(g) For purposes of this section, “minor” means a minor taken into temporary custody or as to who a petition has been filed with the court, or who has
been adjudged to be a dependent child or ward of the juvenile court pursuant
to Section 300 or 601 of the Welfare and Institutions Code.
(h)(1) Except as described in paragraph (1) of subdivision (e), nothing in this
section shall be construed to limit or otherwise affect existing privacy protections provided for in state or federal law.
(2) Nothing in this section shall be construed to expand the authority of a
social worker, probation officer, or custodial caregiver beyond the authority
provided under existing law to a parent or a patient representative regarding
access to medical information.
Added Stats 2007 ch 552 § 3 (AB 1687), effective January 1, 2008. Amended Stats 2008 ch 699 § 1
(SB 1241), ch 700 § 1 (AB 2352) (ch 700 prevails), effective January 1, 2009.

§ 56.106. Disclosure or release of information on minor removed
from physical custody of parent or guardian; Restrictions; Applicability
(a) Notwithstanding Section 3025 of the Family Code, paragraph (2) of
subdivision (c) of Section 56.11, or any other provision of law, a psychotherapist
who knows that a minor has been removed from the custody of his or her
parent or guardian pursuant to Article 6 (commencing with Section 300) to
Article 10 (commencing with Section 360), inclusive, of Chapter 2 of Part 1 of
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Misc.

Division 2 of the Welfare and Institutions Code shall not release the mental
health records of the minor patient and shall not disclose mental health
information about that minor patient based upon an authorization to release
those records signed by the minor’s parent or guardian. This restriction shall
not apply if the juvenile court has issued an order authorizing the parent or
guardian to sign an authorization for the release of the mental health records
or the information about the minor patient after finding that such an order
would not be detrimental to the minor patient.
(b) For purposes of this section, the following definitions apply:
(1) “Mental health records” means mental health records as defined by
subdivision (b) of Section 123105 of the Health and Safety Code.
(2) “Psychotherapist” means a provider of health care as defined in Section
1010 of the Evidence Code.
(c) When the juvenile court has issued an order authorizing the parent or
guardian to sign an authorization for the release of the mental health records
or information about that minor patient under the circumstances described in
subdivision (a), the parent or guardian seeking the release of the minor’s
records or information about the minor shall present a copy of the court order
to the psychotherapist before any records or information may be released
pursuant to the signed authorization.
(d) Nothing in this section shall be construed to prevent or limit a psychotherapist’s authority under subdivision (a) of Section 123115 of the Health and
Safety Code to deny a parent’s or guardian’s written request to inspect or
obtain copies of the minor patient’s mental health records, notwithstanding
the fact that the juvenile court has issued an order authorizing the parent or
guardian to sign an authorization for the release of the mental health records
or information about that minor patient. Liability for a psychotherapist’s
decision not to release the mental health records of the minor patient or not to
disclose information about the minor patient pursuant to the authority of
subdivision (a) of Section 123115 of the Health and Safety Code shall be
governed by that section.
(e) Nothing in this section shall be construed to impose upon a psychotherapist a duty to inquire or investigate whether a child has been removed from the
physical custody of his or her parent or guardian pursuant to Article 6
(commencing with Section 300) to Article 10 (commencing with Section 360),
inclusive, of Chapter 2 of Part 1 of Division 2 of the Welfare and Institutions
Code when a parent or guardian presents the minor’s psychotherapist with an
authorization to release information or the mental health records regarding
the minor patient.
Added Stats 2012 ch 657 § 1 (SB 1407), effective January 1, 2013.

§ 56.11. Form and contents of authorization
Any person or entity that wishes to obtain medical information pursuant to
subdivision (a) of Section 56.10, other than a person or entity authorized to
receive medical information pursuant to subdivision (b) or (c) of Section 56.10,
except as provided in paragraph (21) of subdivision (c) of Section 56.10, shall
obtain a valid authorization for the release of this information.
An authorization for the release of medical information by a provider of
health care, health care service plan, pharmaceutical company, or contractor
shall be valid if it:
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(a) Is handwritten by the person who signs it or is in a typeface no smaller
than 14-point type.
(b) Is clearly separate from any other language present on the same page
and is executed by a signature which serves no other purpose than to execute
the authorization.
(c) Is signed and dated by one of the following:
(1) The patient. A patient who is a minor may only sign an authorization for
the release of medical information obtained by a provider of health care, health
care service plan, pharmaceutical company, or contractor in the course of
furnishing services to which the minor could lawfully have consented under
Part 1 (commencing with Section 25) or Part 2.7 (commencing with Section 60).
(2) The legal representative of the patient, if the patient is a minor or an
incompetent. However, authorization may not be given under this subdivision
for the disclosure of medical information obtained by the provider of health
care, health care service plan, pharmaceutical company, or contractor in the
course of furnishing services to which a minor patient could lawfully have
consented under Part 1 (commencing with Section 25) or Part 2.7 (commencing
with Section 60).
(3) The spouse of the patient or the person financially responsible for the
patient, where the medical information is being sought for the sole purpose of
processing an application for health insurance or for enrollment in a nonprofit
hospital plan, a health care service plan, or an employee benefit plan, and
where the patient is to be an enrolled spouse or dependent under the policy or
plan.
(4) The beneficiary or personal representative of a deceased patient.
(d) States the specific uses and limitations on the types of medical information to be disclosed.
(e) States the name or functions of the provider of health care, health care
service plan, pharmaceutical company, or contractor that may disclose the
medical information.
(f) States the name or functions of the persons or entities authorized to
receive the medical information.
(g) States the specific uses and limitations on the use of the medical
information by the persons or entities authorized to receive the medical
information.
(h) States a specific date after which the provider of health care, health care
service plan, pharmaceutical company, or contractor is no longer authorized to
disclose the medical information.
(i) Advises the person signing the authorization of the right to receive a copy
of the authorization.
Added Stats 1981 ch 782 § 2. Amended Stats 1999 ch 526 § 4 (SB 19); Stats 2000 ch 1066 § 3 (SB
1903); Stats 2002 ch 853 § 4 (AB 2191); Stats 2003 ch 562 § 3 (AB 715); Stats 2009 ch 493 § 2 (AB
952), effective January 1, 2010.

CHAPTER 3
Use and Disclosure of Medical Information by
Employers
§ 56.20. Confidentiality; Necessity of authorization
(a) Each employer who receives medical information shall establish appropriate procedures to ensure the confidentiality and protection from unauthor243

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Misc.

ized use and disclosure of that information. These procedures may include, but
are not limited to, instruction regarding confidentiality of employees and
agents handling files containing medical information, and security systems
restricting access to files containing medical information.
(b) No employee shall be discriminated against in terms or conditions of
employment due to that employee’s refusal to sign an authorization under this
part. However, nothing in this section shall prohibit an employer from taking
such action as is necessary in the absence of medical information due to an
employee’s refusal to sign an authorization under this part.
(c) No employer shall use, disclose, or knowingly permit its employees or
agents to use or disclose medical information which the employer possesses
pertaining to its employees without the patient having first signed an authorization under Section 56.11 or Section 56.21 permitting such use or disclosure,
except as follows:
(1) The information may be disclosed if the disclosure is compelled by
judicial or administrative process or by any other specific provision of law.
(2) That part of the information which is relevant in a lawsuit, arbitration,
grievance, or other claim or challenge to which the employer and employee are
parties and in which the patient has placed in issue his or her medical history,
mental or physical condition, or treatment may be used or disclosed in
connection with that proceeding.
(3) The information may be used only for the purpose of administering and
maintaining employee benefit plans, including health care plans and plans
providing short–term and long–term disability income, workers’ compensation
and for determining eligibility for paid and unpaid leave from work for medical
reasons.
(4) The information may be disclosed to a provider of health care or other
health care professional or facility to aid the diagnosis or treatment of the
patient, where the patient or other person specified in subdivision (c) of Section
56.21 is unable to authorize the disclosure.
(d) If an employer agrees in writing with one or more of its employees or
maintains a written policy which provides that particular types of medical
information shall not be used or disclosed by the employer in particular ways,
the employer shall obtain an authorization for such uses or disclosures even if
an authorization would not otherwise be required by subdivision (c).
Added Stats 1981 ch 782 § 2.

§ 56.21. Form and contents of authorization
An authorization for an employer to disclose medical information shall be
valid if it complies with all of the following:
(a) Is handwritten by the person who signs it or is in a typeface no smaller
than 14-point type.
(b) Is clearly separate from any other language present on the same page
and is executed by a signature that serves no purpose other than to execute the
authorization.
(c) Is signed and dated by one of the following:
(1) The patient, except that a patient who is a minor may only sign an
authorization for the disclosure of medical information obtained by a provider
of health care in the course of furnishing services to which the minor could
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CIVIL CODE
lawfully have consented under Part 1 (commencing with Section 25) or Part 2.7
(commencing with Section 60) of Division 1.
(2) The legal representative of the patient, if the patient is a minor or
incompetent. However, authorization may not be given under this subdivision
for the disclosure of medical information that pertains to a competent minor
and that was created by a provider of health care in the course of furnishing
services to which a minor patient could lawfully have consented under Part 1
(commencing with Section 25) or Part 2.7 (commencing with Section 60) of
Division 1.
(3) The beneficiary or personal representative of a deceased patient.
(d) States the limitations, if any, on the types of medical information to be
disclosed.
(e) States the name or functions of the employer or person authorized to
disclose the medical information.
(f) States the names or functions of the persons or entities authorized to
receive the medical information.
(g) States the limitations, if any, on the use of the medical information by
the persons or entities authorized to receive the medical information.
(h) States a specific date after which the employer is no longer authorized to
disclose the medical information.
(i) Advises the person who signed the authorization of the right to receive a
copy of the authorization.

Misc.

Added Stats 1981 ch 782 § 2. Amended Stats 2003 ch 562 § 5 (AB 715); Stats 2006 ch 538 § 39 (SB
1852), effective January 1, 2007.

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EXTRACTED FROM
FAMILY CODE
DIVISION 11
Minors
PART 4
Medical Treatment
CHAPTER 3
Consent by Minor
§ 6920. Minor’s capacity to consent to medical or dental care
without consent of parent or guardian
Subject to the limitations provided in this chapter, notwithstanding any
other provision of law, a minor may consent to the matters provided in this
chapter, and the consent of the minor’s parent or guardian is not necessary.
Enacted Stats 1992 ch 162 § 10 (AB 2650), operative January 1, 1994.

§ 6921. Minor’s consent not subject to disaffirmance
A consent given by a minor under this chapter is not subject to disaffirmance
because of minority.
§ 6922. Consent by minor 15 or older living separately
(a) A minor may consent to the minor’s medical care or dental care if all of
the following conditions are satisfied:
(1) The minor is 15 years of age or older.
(2) The minor is living separate and apart from the minor’s parents or
guardian, whether with or without the consent of a parent or guardian and
regardless of the duration of the separate residence.
(3) The minor is managing the minor’s own financial affairs, regardless of
the source of the minor’s income.
(b) The parents or guardian are not liable for medical care or dental care
provided pursuant to this section.
(c) A physician and surgeon or dentist may, with or without the consent of
the minor patient, advise the minor’s parent or guardian of the treatment
given or needed if the physician and surgeon or dentist has reason to know, on
the basis of the information given by the minor, the whereabouts of the parent
or guardian.
Enacted Stats 1992 ch 162 § 10 (AB 2650), operative January 1, 1994.

§ 6924. Consent by minor to mental health treatment or counseling
or residential shelter services
(a) As used in this section:
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Enacted Stats 1992 ch 162 § 10 (AB 2650), operative January 1, 1994.

BOARD OF PSYCHOLOGY

Misc.

(1) “Mental health treatment or counseling services” means the provision of
mental health treatment or counseling on an outpatient basis by any of the
following:
(A) A governmental agency.
(B) A person or agency having a contract with a governmental agency to
provide the services.
(C) An agency that receives funding from community united funds.
(D) A runaway house or crisis resolution center.
(E) A professional person, as defined in paragraph (2).
(2) “Professional person” means any of the following:
(A) A person designated as a mental health professional in Sections 622 to
626, inclusive, of Article 8 of Subchapter 3 of Chapter 1 of Title 9 of the
California Code of Regulations.
(B) A marriage and family therapist as defined in Chapter 13 (commencing
with Section 4980) of Division 2 of the Business and Professions Code.
(C) A licensed educational psychologist as defined in Article 5 (commencing
with Section 4986) of Chapter 13 of Division 2 of the Business and Professions
Code.
(D) A credentialed school psychologist as described in Section 49424 of the
Education Code.
(E) A clinical psychologist as defined in Section 1316.5 of the Health and
Safety Code.
(F) The chief administrator of an agency referred to in paragraph (1) or (3).
(G) A person registered as a marriage and family therapist intern, as
defined in Chapter 13 (commencing with Section 4980) of Division 2 of the
Business and Professions Code, while working under the supervision of a
licensed professional specified in subdivision (g) of Section 4980.03 of the
Business and Professions Code.
(H) A licensed professional clinical counselor, as defined in Chapter 16
(commencing with Section 4999.10) of Division 2 of the Business and Professions Code.
(I) A person registered as a clinical counselor intern, as defined in Chapter
16 (commencing with Section 4999.10) of Division 2 of the Business and
Professions Code, while working under the supervision of a licensed professional specified in subdivision (h) of Section 4999.12 of the Business and
Professions Code.
(3) “Residential shelter services” means any of the following:
(A) The provision of residential and other support services to minors on a
temporary or emergency basis in a facility that services only minors by a
governmental agency, a person or agency having a contract with a governmental agency to provide these services, an agency that receives funding from
community funds, or a licensed community care facility or crisis resolution
center.
(B) The provision of other support services on a temporary or emergency
basis by any professional person as defined in paragraph (2).
(b) A minor who is 12 years of age or older may consent to mental health
treatment or counseling on an outpatient basis, or to residential shelter
services, if both of the following requirements are satisfied:
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Enacted Stats 1992 ch 162 § 10 (AB 2650), operative January 1, 1994. Amended Stats 1993 ch 219
§ 155 (AB 1500); Stats 2000 ch 519 § 1 (AB 2161); Stats 2009 ch 26 § 22 (SB 33), effective January
1, 2010; Stats 2011 ch 381 § 25 (SB 146), effective January 1, 2012.

§ 6925. Consent by minor to pregnancy treatment
(a) A minor may consent to medical care related to the prevention or
treatment of pregnancy.
(b) This section does not authorize a minor:
(1) To be sterilized without the consent of the minor’s parent or guardian.
(2) To receive an abortion without the consent of a parent or guardian other
than as provided in Section 123450 of the Health and Safety Code.
Enacted Stats 1992 ch 162 § 10 (AB 2650), operative January 1, 1994. Amended Stats 1996 ch 1023
§ 46 (SB 1497), effective September 29, 1996.

§ 6926. Consent by minor to treatment for communicable disease or
prevention of sexually transmitted disease
(a) A minor who is 12 years of age or older and who may have come into
contact with an infectious, contagious, or communicable disease may consent
to medical care related to the diagnosis or treatment of the disease, if the
disease or condition is one that is required by law or regulation adopted
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Misc.

(1) The minor, in the opinion of the attending professional person, is mature
enough to participate intelligently in the outpatient services or residential
shelter services.
(2) The minor (A) would present a danger of serious physical or mental
harm to self or to others without the mental health treatment or counseling or
residential shelter services, or (B) is the alleged victim of incest or child abuse.
(c) A professional person offering residential shelter services, whether as an
individual or as a representative of an entity specified in paragraph (3) of
subdivision (a), shall make his or her best efforts to notify the parent or
guardian of the provision of services.
(d) The mental health treatment or counseling of a minor authorized by this
section shall include involvement of the minor’s parent or guardian unless, in
the opinion of the professional person who is treating or counseling the minor,
the involvement would be inappropriate. The professional person who is
treating or counseling the minor shall state in the client record whether and
when the person attempted to contact the minor’s parent or guardian, and
whether the attempt to contact was successful or unsuccessful, or the reason
why, in the professional person’s opinion, it would be inappropriate to contact
the minor’s parent or guardian.
(e) The minor’s parents or guardian are not liable for payment for mental
health treatment or counseling services provided pursuant to this section
unless the parent or guardian participates in the mental health treatment or
counseling, and then only for services rendered with the participation of the
parent or guardian. The minor’s parents or guardian are not liable for payment
for any residential shelter services provided pursuant to this section unless the
parent or guardian consented to the provision of those services.
(f) This section does not authorize a minor to receive convulsive therapy or
psychosurgery as defined in subdivisions (f) and (g) of Section 5325 of the
Welfare and Institutions Code, or psychotropic drugs without the consent of
the minor’s parent or guardian.

BOARD OF PSYCHOLOGY
pursuant to law to be reported to the local health officer, or is a related sexually
transmitted disease, as may be determined by the State Public Health Officer.
(b) A minor who is 12 years of age or older may consent to medical care
related to the prevention of a sexually transmitted disease.
(c) The minor’s parents or guardian are not liable for payment for medical
care provided pursuant to this section.
Enacted Stats 1992 ch 162 § 10 (AB 2650), operative January 1, 1994. Amended Stats 2011 ch 652
§ 1 (AB 499), effective January 1, 2012.

§ 6927. Consent by rape victim to treatment
A minor who is 12 years of age or older and who is alleged to have been raped
may consent to medical care related to the diagnosis or treatment of the
condition and the collection of medical evidence with regard to the alleged
rape.
Enacted Stats 1992 ch 162 § 10 (AB 2650), operative January 1, 1994.

§ 6928. Consent by assault victim to treatment
(a) “Sexually assaulted” as used in this section includes, but is not limited
to, conduct coming within Section 261, 286, or 288a of the Penal Code.
(b) A minor who is alleged to have been sexually assaulted may consent to
medical care related to the diagnosis and treatment of the condition, and the
collection of medical evidence with regard to the alleged sexual assault.
(c) The professional person providing medical treatment shall attempt to
contact the minor’s parent or guardian and shall note in the minor’s treatment
record the date and time the professional person attempted to contact the
parent or guardian and whether the attempt was successful or unsuccessful.
This subdivision does not apply if the professional person reasonably believes
that the minor’s parent or guardian committed the sexual assault on the
minor.
Enacted Stats 1992 ch 162 § 10 (AB 2650), operative January 1, 1994.

Misc.

§ 6929. Consent by minor to drug or alcohol treatment; Involvement, liability and rights of parent or guardian
(a) As used in this section:
(1) “Counseling” means the provision of counseling services by a provider
under a contract with the state or a county to provide alcohol or drug abuse
counseling services pursuant to Part 2 (commencing with Section 5600) of
Division 5 of the Welfare and Institutions Code or pursuant to Division 10.5
(commencing with Section 11750) of the Health and Safety Code.
(2) “Drug or alcohol” includes, but is not limited to, any substance listed in
any of the following:
(A) Section 380 or 381 of the Penal Code.
(B) Division 10 (commencing with Section 11000) of the Health and Safety
Code.
(C) Subdivision (f) of Section 647 of the Penal Code.
(3) “LAAM” means levoalphacetylmethadol as specified in paragraph (10) of
subdivision (c) of Section 11055 of the Health and Safety Code.
(4) “Professional person” means a physician and surgeon, registered nurse,
psychologist, clinical social worker, professional clinical counselor, marriage
and family therapist, registered marriage and family therapist intern when
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appropriately employed and supervised pursuant to Section 4980.43 of the
Business and Professions Code, psychological assistant when appropriately
employed and supervised pursuant to Section 2913 of the Business and
Professions Code, associate clinical social worker when appropriately employed and supervised pursuant to Section 4996.18 of the Business and
Professions Code, or registered clinical counselor intern when appropriately
employed and supervised pursuant to Section 4999.42 of the Business and
Professions Code.
(b) A minor who is 12 years of age or older may consent to medical care and
counseling relating to the diagnosis and treatment of a drug- or alcohol-related
problem.
(c) The treatment plan of a minor authorized by this section shall include
the involvement of the minor’s parent or guardian, if appropriate, as determined by the professional person or treatment facility treating the minor. The
professional person providing medical care or counseling to a minor shall state
in the minor’s treatment record whether and when the professional person
attempted to contact the minor’s parent or guardian, and whether the attempt
to contact the parent or guardian was successful or unsuccessful, or the reason
why, in the opinion of the professional person, it would not be appropriate to
contact the minor’s parent or guardian.
(d) The minor’s parent or guardian is not liable for payment for any care
provided to a minor pursuant to this section, except that if the minor’s parent
or guardian participates in a counseling program pursuant to this section, the
parent or guardian is liable for the cost of the services provided to the minor
and the parent or guardian.
(e) This section does not authorize a minor to receive replacement narcotic
abuse treatment, in a program licensed pursuant to Article 3 (commencing
with Section 11875) of Chapter 1 of Part 3 of Division 10.5 of the Health and
Safety Code, without the consent of the minor’s parent or guardian.
(f) It is the intent of the Legislature that the state shall respect the right of
a parent or legal guardian to seek medical care and counseling for a drug- or
alcohol-related problem of a minor child when the child does not consent to the
medical care and counseling, and nothing in this section shall be construed to
restrict or eliminate this right.
(g) Notwithstanding any other provision of law, in cases where a parent or
legal guardian has sought the medical care and counseling for a drug- or
alcohol-related problem of a minor child, the physician and surgeon shall
disclose medical information concerning the care to the minor’s parent or legal
guardian upon his or her request, even if the minor child does not consent to
disclosure, without liability for the disclosure.
Enacted Stats 1992 ch 162 § 10 (AB 2650), operative January 1, 1994. Amended Stats 1995 ch 455
§ 1 (AB 1113), effective September 5, 1995; Stats 1996 ch 656 § 1 (AB 2883); Stats 2002 ch 1013 § 79
(SB 2026); Stats 2004 ch 59 § 1 (AB 2182); Stats 2009 ch 26 § 23 (SB 33), effective January 1, 2010;
Stats 2011 ch 381 § 26 (SB 146), effective January 1, 2012.

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Misc.

EXTRACTED FROM
HEALTH AND SAFETY CODE
DIVISION 2
Licensing Provisions
CHAPTER 1
Clinics
ARTICLE 1

§ 1204.1. Eligibility of psychology clinic for licensure
In addition to the primary care clinics and specialty clinics specified in
Section 1204, clinics eligible for licensure pursuant to this chapter include
psychology clinics. A “psychology clinic” is a clinic which provides psychological
advice, services, or treatment to patients, under the direction of a clinical
psychologist as defined in Section 1316.5, and is operated by a tax-exempt
nonprofit corporation which is supported and maintained in whole or in part by
donations, bequests, gifts, grants, government funds, or contributions which
may be in the form of money, goods, or services. In a psychology clinic, any
charges to the patient shall be based on the patient’s ability to pay, utilizing a
sliding fee scale. No corporation other than a nonprofit corporation, exempt
from federal taxation under paragraph (3), subsection (c) of Section 501 of the
Internal Revenue Code of 1954, as amended, or a statutory successor thereof,
shall operate a psychology clinic.
Each psychology clinic licensed pursuant to this section shall comply with
the provisions of Part 2 (commencing with Section 13100) of Division 12.
Only a psychology clinic may be licensed under this chapter to exclusively
provide psychological advice, services, or treatment. However, nothing in this
subdivision precludes clinics specified in Section 1204 from providing psychological advice, services, or treatment as included within, or adjunctive to,
medical advice, services, or treatment provided by such clinics. Failure to
comply with the requirements of this section may be grounds for denial,
revocation, or suspension of the license.
Added Stats 1980 ch 1315 § 3. Amended Stats 1982 ch 1172 § 2; Stats 1987 ch 456 § 1.

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DIVISION 105
Communicable Disease Prevention and Control
PART 1
Administration of Communicable Disease
Prevention and Control
CHAPTER 3.5
Communicable Diseases Exposure Notification Act

Misc.

§ 120260. Legislative findings
(a) The Legislature finds and declares all of the following:
(1) Early knowledge of infection with communicable disease is important in
order to permit exposed persons to make informed health care decisions as well
as to take measures to reduce the likelihood of transmitting the infection to
others.
(2) Individual health care providers, agents and employees of health care
facilities and individual health care providers, and first responders, including
police, firefighters, rescue personnel, and other persons who provide the first
response to emergencies, frequently come into contact with the blood and other
potentially infectious materials of individuals whose communicable disease
infection status is not known.
(3) Even if these exposed individuals use universal infection control precautions to prevent transmission of communicable diseases, there will be occasions when they experience significant exposure to the blood or other potentially infectious materials of patients.
(b) Therefore, it is the intent of the Legislature to provide a narrow exposure
notification and information mechanism to permit individual health care
providers, the employees or contracted agents of health care facilities and
individual health care providers, and first responders, who have experienced a
significant exposure to the blood or other potentially infectious materials of a
patient, to learn of the communicable disease infection status of the patient.
Added Stats 2002 ch 342 § 1 (AB 2423).

§ 120260.5. Testing and notification procedures additional.
The communicable disease testing and notification procedures provided for
in this chapter are in addition to the notification to which prehospital
emergency medical care persons or personnel are entitled under Section
1797.188.
Added Stats 2006 ch 102 § 2 (AB 2056), effective January 1, 2007.

§ 120261. Definitions
For the purposes of this chapter, the following definitions apply:
(a) “Attending physician of the source patient” means any physician and
surgeon licensed pursuant to Chapter 5 (commencing with Section 2000) of
Division 2 of the Business and Professions Code and any person licensed
pursuant to the Osteopathic Initiative Act, who provides health care services to
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the source patient. Notwithstanding any other provision of this subdivision to
the contrary, the attending physician of the source patient shall include any of
the following persons:
(1) The private physician of the source patient.
(2) The physician primarily responsible for the patient who is undergoing
inpatient treatment in a hospital.
(3) A registered nurse or licensed nurse practitioner who has been designated by the attending physician of the source patient.
(b) “Available blood or patient sample” means blood or other tissue or
material that was legally obtained in the course of providing health care
services, and is in the possession of the physician or other health care provider
of the source patient prior to the release of the source patient from the
physician’s or health care provider’s facility.
(c) “Certifying physician” means any physician consulted by the exposed
individual for the exposure incident. A certifying physician shall have demonstrated competency and understanding of the then applicable guidelines or
standards of the Division of Occupational Safety and Health.
(d) “Communicable disease” means any disease that was transferable
through the exposure incident, as determined by the certifying physician.
(e) “Exposed individual” means any individual health care provider, first
responder, or any other person, including, but not limited to, any employee,
volunteer, or contracted agent of any health care provider, who is exposed,
within the scope of his or her employment, to the blood or other potentially
infectious materials of a source patient.
(f) “Health care provider” means any person licensed or certified pursuant to
Division 2 (commencing with Section 500) of the Business and Professions
Code, any person licensed pursuant to the Osteopathic Initiative Act or the
Chiropractic Initiative Act, any person certified pursuant to Division 2.5
(commencing with Section 1797), any clinic, health dispensary, or health
facility licensed or exempt from licensure pursuant to Division 2 (commencing
with Section 1200), any employee, volunteer, or contracted agent of any group
practice prepayment health care service plan regulated pursuant to the
Knox-Keene Health Care Service Plan Act of 1975 (Chapter 2.2 (commencing
with Section 1340) of Division 2), and any professional student of one of the
clinics, health dispensaries, or health care facilities or health care providers
described in this subdivision.
(g) “First responder” means a police officer, firefighter, rescue worker, or any
other person who provides emergency response, first aid care, or other
medically related assistance either in the course of the person’s occupational
duties or as a volunteer.
(h) “Other potentially infectious materials” means those body fluids identified by the Division of Occupational Safety and Health as potentially capable
of transmitting a communicable disease.
(i) “Significant exposure” means direct contact with blood or other potentially infectious materials of a patient in a manner that, according to the then
applicable guidelines of the Division of Occupational Safety and Health, is
capable of transmitting a communicable disease.
(j) “Source patient” means any person receiving health care services whose
blood or other potentially infectious material has been the source of a
significant exposure to an exposed individual.
Added Stats 2002 ch 342 § 1 (AB 2423).

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Misc.

§ 120262. Testing of source patient; Notification to exposed individual
Notwithstanding Chapter 7 (commencing with Section 120975) or any other
provision of law, the blood or other tissue or material of a source patient may
be tested, and an exposed individual may be informed whether the patient has
tested positive or negative for a communicable disease if the exposed individual and the health care facility, if any, have substantially complied with the
then applicable guidelines of the Division of Occupational Safety and Health
and the State Department of Health Services and if the following procedure is
followed:
(a)(1) Whenever a person becomes an exposed individual by experiencing an
exposure to the blood or other potentially infectious material of a patient
during the course of rendering health care-related services or occupational
services, the exposed individual may request an evaluation of the exposure by
a physician to determine if it is a significant exposure, as defined in subdivision
(h) of Section 120261. No physician or other exposed individual shall certify his
or her own significant exposure. However, an employing physician may certify
the exposure of one of his or her employees. Requests for certification shall be
made in writing within 72 hours of the exposure.
(2) A written certification by a physician of the significance of the exposure
shall be obtained within 72 hours of the request. The certification shall include
the nature and extent of the exposure.
(b)(1) The exposed individual shall be counseled regarding the likelihood of
transmission, the limitations of the testing performed, the need for followup
testing, and the procedures that the exposed individual must follow regardless
of whether the source patient has tested positive or negative for a communicable disease. The exposed individual may be tested in accordance with the
then applicable guidelines or standards of the Division of Occupational Safety
and Health. The result of this test shall be confirmed as negative before
available blood or other patient samples of the source patient may be tested for
evidence of infection to a communicable disease, without the consent of the
source patient pursuant to subdivision (d).
(2) Within 72 hours of certifying the exposure as significant, the certifying
physician shall provide written certification to an attending physician of the
source patient that a significant exposure to an exposed individual has
occurred, and shall request information on whether the source patient has
tested positive or negative for a communicable disease, and the availability of
blood or other patient samples. An attending physician shall respond to the
request for information within three working days.
(c) If test results of the source patient are already known to be positive for
a communicable disease then, except as provided in subdivisions (b) and (c) of
Section 121010, when the exposed individual is a health care provider or an
employee or agent of the health care provider of the source patient, an
attending physician and surgeon of the source patient shall attempt to obtain
the consent of the source patient to disclose to the exposed the testing results
of the source patient regarding communicable diseases. If the source patient
cannot be contacted or refuses to consent to the disclosure, then the exposed
individual may be informed of the test results regarding communicable
diseases of the source patient by an attending physician of the source patient
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as soon as possible after the exposure has been certified as significant,
notwithstanding Section 120980 or any other provision of law.
(d) If the communicable disease status of the source patient is unknown to
the certifying physician or an attending physician, if blood or other patient
samples are available, and if the exposed individual has tested negative on a
baseline test for communicable diseases, the source patient shall be given the
opportunity to give informed consent to a test for communicable diseases in
accordance with the following:
(1) Within 72 hours after receiving a written certification of significant
exposure, an attending physician of the source patient shall do all of the
following:
(A) Make a good faith effort to notify the source patient or the authorized
legal representative of the source patient about the significant exposure. A
good faith effort to notify includes, but is not limited to, a documented attempt
to locate the source patient by telephone or by first-class mail with a certificate
of mailing. An attempt to locate the source patient and the results of that
attempt shall be documented in the medical record of the source patient. An
inability to contact the source patient, or legal representative of the source
patient, after a good faith effort to do so as provided in this subdivision, shall
constitute a refusal of consent pursuant to paragraph (2). An inability of the
source patient to provide informed consent shall constitute a refusal of consent
pursuant to paragraph (2), provided all of the following conditions are met:
(i) The source patient has no authorized legal representative.
(ii) The source patient is incapable of giving consent.
(iii) In the opinion of the attending physician, it is likely that the source
patient will be unable to grant informed consent within the 72-hour period
during which the physician is required to respond pursuant to paragraph (1).
(B) Attempt to obtain the voluntary informed consent of the source patient
or the authorized legal representative of the source patient to perform a test for
a communicable disease, on the source patient or on any available blood or
patient sample of the source patient. The voluntary informed consent shall be
in writing. The source patient shall have the option not to be informed of the
test result. An exposed individual shall be prohibited from attempting to
obtain directly informed consent for testing for communicable diseases from
the source patient.
(C) Provide the source patient with medically appropriate pretest counseling and refer the source patient to appropriate posttest counseling and
followup, if necessary. The source patient shall be offered medically appropriate counseling whether or not he or she consents to testing.
(2) If the source patient or the authorized legal representative of the source
patient refuses to consent to test for a communicable disease after a documented effort has been made to obtain consent, any available blood or patient
sample of the source patient may be tested. The source patient or authorized
legal representative of the source patient shall be informed that an available
blood sample or other tissue or material will be tested despite his or her
refusal, and that the exposed individual shall be informed of the test results
regarding communicable diseases.
(3) If the informed consent of the source patient cannot be obtained because
the source patient is deceased, consent to perform a test for a communicable
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BOARD OF PSYCHOLOGY

Misc.

disease on any blood or patient sample of the source patient legally obtained in
the course of providing health care services at the time of the exposure event
shall be deemed granted.
(4) A source patient or the authorized legal representative of a source
patient shall be advised that he or she shall be informed of the results of the
test for communicable diseases only if he or she wishes to be so informed. If a
patient refuses to provide informed consent to testing for communicable
diseases and refuses to learn the results of the testing, he or she shall sign a
form documenting this refusal. The source patient’s refusal to sign this form
shall be construed to be a refusal to be informed of the test results regarding
communicable diseases. Test results for communicable diseases shall only be
placed in the medical record when the patient has agreed in writing to be
informed of the results.
(5) Notwithstanding any other provision of law, if the source patient or
authorized legal representative of a source patient refuses to be informed of the
results of the test, the test results regarding communicable diseases of that
source patient shall only be provided to the exposed individual in accordance
with the then applicable regulations established by the Division of Occupational Safety and Health.
(6) The source patient’s identity shall be encoded on the communicable
disease test result record.
(e) If an exposed individual is informed of the status of a source patient with
regard to a communicable disease pursuant to this section, the exposed
individual shall be informed that he or she is subject to existing confidentiality
protections for any identifying information about the communicable disease
test results, and that medical information regarding the communicable disease
status of the source patient shall be kept confidential and may not be further
disclosed, except as otherwise authorized by law. The exposed individual shall
be informed of the penalties for which he or she would be personally liable for
violation of Section 120980.
(f) The costs for the test and counseling for communicable diseases of the
exposed individual, or the source patient, or both, shall be borne by the
employer of the exposed individual, if any. An employer who directs and
controls the exposed individual shall provide the postexposure evaluation and
followup required by the California Division of Occupational Safety and Health
as well as the testing and counseling for source patients required under this
chapter. If an exposed individual is a volunteer or a student, then the health
care provider or first responder that assigned a task to the volunteer or student
may pay for the costs of testing and counseling as if that volunteer or student
were an employee. If an exposed individual, who is not an employee of a health
facility or of another health care provider, chooses to obtain postexposure
evaluation or followup counseling, or both, or treatment, he or she shall be
financially responsible for the costs thereof and shall be responsible for the
costs of the testing and counseling for the source patient.
(g) Nothing in this section authorizes the disclosure of the source patient’s
identity.
(h) Nothing in this section shall authorize a health care provider to draw
blood or other body fluids except as otherwise authorized by law.
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(i) The provisions of this section are cumulative only and shall not preclude
testing of source patients for a communicable disease, as authorized by any
other provision of law.
(j) Except as otherwise provided under this section, all confidentiality
requirements regarding medical records that are provided for under existing
law apply to this section.
Added Stats 2002 ch 342 § 1 (AB 2423).

§ 120263. Liability of health care provider
(a) No health care provider, as defined in this chapter, shall be subject to
civil or criminal liability or professional disciplinary action for performing tests
for a communicable disease on the available blood or patient sample of a source
patient, or for disclosing the communicable disease status of a source patient
to the source patient, an attending physician of the source patient, the
certifying physician, the exposed individual, or any attending physician of the
exposed individual, if the health care provider has acted in good faith in
complying with this chapter.
(b) Any health care provider or first responder, or any exposed individual,
who willfully performs or permits the performance of a test for a communicable
disease on a source patient, that results in economic, bodily, or psychological
harm to the source patient, without adhering to the procedure set forth in this
chapter is guilty of a misdemeanor, punishable by imprisonment in the county
jail for a period not to exceed one year, or a fine not to exceed ten thousand
dollars ($10,000), or by both.
Added Stats 2002 ch 342 § 1 (AB 2423), as H & S C § 121140. Renumbered by Stats 2003 ch 62 § 195
(SB 600).

CHAPTER 2
California Acquired Immune Deficiency Syndrome
(AIDS) Program (CAP)
§ 120800. Legislative intent
The intent of the Legislature in enacting this chapter is as follows:
(a) To fund specified pilot AIDS education programs.
(b) To fund pilot projects to demonstrate the value of noninstitutional health
care services such as hospice, home health, and attendant care in controlling
costs and providing humane care to people with AIDS and AIDS-related
conditions.
(c) To fund clinical research.
(d) To fund the development of an AIDS Mental Health Project.
(e) To fund specified needs assessments, studies, and program evaluations.
(f) To authorize the use of funds appropriated by Section 6 of Chapter 23 of
the Statutes of 1985 for preventive education for individuals who are seropositive as a result of antibody testing.
(g) To promote broad-based support for AIDS programs by encouraging
community level networking and coordination of efforts among private sector,
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PART 4
Human Immunodeficiency Virus (HIV)

BOARD OF PSYCHOLOGY
nonprofit, and public service agencies as well as health care professionals and
providers of essential services.
(h) To promote an aggressive community-based HIV infection prevention
program in all communities and areas where behaviors and prevalence
indicate high risk of HIV infection, and to encourage local programs to involve
racial and ethnic minorities in a leading role to plan the development,
implementation, and evaluation of preventive education, HIV testing, delivery
of care, and research activities that are necessary to the formation of a
comprehensive, community-based, culturally sensitive HIV infection prevention strategy.
(i) To promote education of health care practitioners concerning new clinical
manifestations of HIV, particularly among women and children.
Added Stats 1995 ch 415 § 7 (SB 1360).

CHAPTER 7
Mandated Blood Testing and Confidentiality to
Protect Public Health
§ 120975. Privacy rights of persons subject to AIDS blood tests
To protect the privacy of individuals who are the subject of testing for human
immunodeficiency virus (HIV), the following shall apply:
Except as provided in Section 1603.1, 1603.3, or 121022, no person shall be
compelled in any state, county, city, or other local civil, criminal, administrative, legislative, or other proceedings to identify or provide identifying characteristics that would identify any individual who is the subject of a blood test to
detect antibodies to HIV an HIV test, as defined in subdivision (c) of Section
120775.
Added Stats 1995 ch 415 § 7 (SB 1360). Amended Stats 2006 ch 20 § 3 (SB 699), effective April 17,
2006; Stats 2013 ch 445 § 1 (SB 249), effective January 1, 2014.

Misc.

§ 120980. Civil and criminal liability for wrongful disclosure of
AIDS test results
(a) Any person who negligently discloses results of an HIV test, as defined
in subdivision (c) of Section 120775, to any third party, in a manner that
identifies or provides identifying characteristics of the person to whom the test
results apply, except pursuant to a written authorization, as described in
subdivision (g), or except as provided in Section 1603.1, 1603.3, or 121022 or
any other statute that expressly provides an exemption to this section, shall be
assessed a civil penalty in an amount not to exceed two thousand five hundred
dollars ($2,500) plus court costs, as determined by the court, which penalty and
costs shall be paid to the subject of the test.
(b) Any person who willfully or maliciously discloses the results of an HIV
test, as defined in subdivision (c) of Section 120775, to any third party, in a
manner that identifies or provides identifying characteristics of the person to
whom the test results apply, except pursuant to a written authorization, as
described in subdivision (g), or except as provided in Section 1603.1, 1603.3, or
121022 or any other statute that expressly provides an exemption to this
section, shall be assessed a civil penalty in an amount not less than five
thousand dollars ($5,000) and not more than ten thousand dollars ($10,000)
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plus court costs, as determined by the court, which penalty and costs shall be
paid to the subject of the test.
(c) Any person who willfully, maliciously, or negligently discloses the results
of an HIV test, as defined in subdivision (c) of Section 120775, to a third party,
in a manner that identifies or provides identifying characteristics of the person
to whom the test results apply, except pursuant to a written authorization, as
described in subdivision (g), or except as provided in Section 1603.1, 1603.3, or
121022 or any other statute that expressly provides an exemption to this
section, that results in economic, bodily, or psychological harm to the subject of
the test, is guilty of a misdemeanor, punishable by imprisonment in the county
jail for a period not to exceed one year, or a fine of not to exceed twenty-five
thousand dollars ($25,000), or both.
(d) Any person who commits any act described in subdivision (a) or (b) shall
be liable to the subject for all actual damages, including damages for economic,
bodily, or psychological harm that is a proximate result of the act.
(e) Each disclosure made in violation of this chapter is a separate and
actionable offense.
(f) Except as provided in Article 6.9 (commencing with Section 799) of
Chapter 1 of Part 2 of Division 1 of the Insurance Code, the results of an HIV
test, as defined in subdivision (c) of Section 120775, that identifies or provides
identifying characteristics of the person to whom the test results apply, shall
not be used in any instance for the determination of insurability or suitability
for employment.
(g) “Written authorization,” as used in this section, applies only to the
disclosure of test results by a person responsible for the care and treatment of
the person subject to the test. Written authorization is required for each
separate disclosure of the test results, and shall include to whom the disclosure
would be made.
(h) Nothing in this section limits or expands the right of an injured subject
to recover damages under any other applicable law. Nothing in this section
shall impose civil liability or criminal sanction for disclosure of the results of
tests performed on cadavers to public health authorities or tissue banks.
(i) Nothing in this section imposes liability or criminal sanction for disclosure of an HIV test, as defined in subdivision (c) of Section 120775, in
accordance with any reporting requirement for a case of HIV infection,
including AIDS by the department or the Centers for Disease Control and
Prevention under the United States Public Health Service.
(j) The department may require blood banks and plasma centers to submit
monthly reports summarizing statistical data concerning the results of tests to
detect the presence of viral hepatitis and HIV. This statistical summary shall
not include the identity of individual donors or identifying characteristics that
would identify individual donors.
(k) “Disclosed,” as used in this section, means to disclose, release, transfer,
disseminate, or otherwise communicate all or any part of any record orally, in
writing, or by electronic means to any person or entity.
(l) When the results of an HIV test, as defined in subdivision (c) of Section
120775, are included in the medical record of the patient who is the subject of
the test, the inclusion is not a disclosure for purposes of this section.
Added Stats 1995 ch 415 § 7 (SB 1360). Amended Stats 2006 ch 20 § 4 (SB 699), effective April 17,
2006.

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§ 120985. Disclosure to health care providers
(a) Notwithstanding Section 120980, the results of an HIV test that identifies or provides identifying characteristics of the person to whom the test
results apply may be recorded by the physician who ordered the test in the test
subject’s medical record or otherwise disclosed without written authorization
of the subject of the test, or the subject’s representative as set forth in Section
121020, to the test subject’s providers of health care, as defined in Section
56.05 of the Civil Code, for purposes of diagnosis, care, or treatment of the
patient, except that for purposes of this section, “providers of health care” does
not include a health care service plan regulated pursuant to Chapter 2.2
(commencing with Section 1340) of Division 2.
(b) Recording or disclosure of HIV test results pursuant to subdivision (a)
does not authorize further disclosure unless otherwise permitted by law.
Added Stats 1995 ch 415 § 7 (SB 1360). Amended Stats 2013 ch 444 § 14 (SB 138), effective January
1, 2014.

Misc.

§ 120990. Written consent to test; Exceptions; Patient shall receive
information and counseling
(a) Prior to ordering a test that identifies infection of a patient with HIV, a
medical care provider shall inform the patient that the test is planned, provide
information about the test, inform the patient that there are numerous
treatment options available for a patient who tests positive for HIV and that a
person who tests negative for HIV should continue to be routinely tested, and
advise the patient that he or she has the right to decline the test. If a patient
declines the test, the medical care provider shall note that fact in the patient’s
medical file.
(b) Subdivision (a) does not apply when a person independently requests an
HIV test from a medical care provider.
(c) Except as provided in subdivision (a), a person shall not administer a test
for HIV infection unless the person being tested or his or her parent, guardian,
conservator, or other person specified in Section 121020 has provided informed
consent for the performance of the test. Informed consent may be provided
orally or in writing, but the person administering the test shall maintain
documentation of consent, whether obtained orally or in writing, in the client’s
medical record. This consent requirement does not apply to a test performed at
an alternative site pursuant to Section 120890 or 120895. This section does not
authorize a person to administer a test for HIV unless that person is otherwise
lawfully permitted to administer an HIV test.
(d) Subdivision (c) shall not apply when a person independently requests an
HIV test from an HIV counseling and testing site that employs a trained HIV
counselor, pursuant to Section 120917, provided that the person is provided
with information required pursuant to subdivision (a) and his or her independent request for an HIV test is documented by the person administering the
test.
(e) Nothing in this section shall preclude a medical examiner or other
physician from ordering or performing a test to detect HIV on a cadaver when
an autopsy is performed or body parts are donated pursuant to the Uniform
Anatomical Gift Act (Chapter 3.5 (commencing with Section 7150) of Part 1 of
Division 7).
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(f)(1) The requirements of subdivision (c) do not apply when blood is tested
as part of a scientific investigation conducted either by a medical researcher
operating under the approval of an institutional review board or by the
department, in accordance with a protocol for unlinked testing.
(2) For purposes of this subdivision, “unlinked testing” means blood samples
that are obtained anonymously, or that have the name or identifying information of the individual who provided the sample removed in a manner that
prevents the test results from ever being linked to the particular individual
who participated in the research or study.
(g) Nothing in this section permits a person to unlawfully disclose an
individual’s HIV status, or to otherwise violate provisions of Section 54 of the
Civil Code, the Americans With Disabilities Act of 1990 (Public Law 101-336),
or the California Fair Employment and Housing Act (Part 2.8 (commencing
with Section 12900) of Division 3 of Title 2 of the Government Code), which
prohibit discrimination against individuals who are living with HIV, who test
positive for HIV, or who are presumed to be HIV-positive.
(h) After the results of a test performed pursuant to this section have been
received, the medical care provider or the person who administers the test
shall ensure that the patient receives timely information and counseling, as
appropriate, to explain the results and the implications for the patient’s
health. If the patient tests positive for HIV infection, the medical provider or
the person who administers the test shall inform the patient that there are
numerous treatment options available and identify followup testing and care
that may be recommended, including contact information for medical and
psychological services. If the patient tests negative for HIV infection and is
known to be at high risk for HIV infection, the medical provider or the person
who administers the test shall advise the patient of the need for periodic
retesting, explain the limitations of current testing technology and the current
window period for verification of results, and may offer prevention counseling
or a referral to prevention counseling.
(i) This section shall not apply to a clinical laboratory.

§ 120991. Primary care clinic shall offer HIV test
(a) Each patient who has blood drawn at a primary care clinic and who has
consented to the HIV test pursuant to Section 120990 shall be offered an HIV
test. The primary care clinician shall offer an HIV test consistent with the
United States Preventive Services Task Force recommendation for screening
HIV infection. This subdivision shall not apply if the primary care clinic has
tested the patient for HIV or if the patient has been offered the HIV test and
declined the test within the previous 12 months. Any subsequent testing of a
patient who has been tested by the primary care clinic shall be consistent with
the most recent guidelines issued by the United States Preventive Services
Task Force.
(b) HIV testing of minors 12 years of age or older shall comply with Section
6926 of the Family Code.
(c) This section shall not prohibit a primary care clinic from charging a
patient to cover the cost of HIV testing. The primary care clinic shall be
deemed to have complied with this section if an HIV test is offered.
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Added Stats 2007 ch 550 § 2 (AB 682), effective January 1, 2008. Amended Stats 2013 ch 589 § 1 (AB
446), effective January 1, 2014.

BOARD OF PSYCHOLOGY
(d) A primary care clinic shall attempt to provide test results to the patient
before he or she leaves the facility. If that is not possible, the facility may
inform the patient who tests negative for HIV by letter or by telephone, and
shall inform a patient with a positive test result in a manner consistent with
state law. However, in any case, the primary care clinic shall comply with
subdivision (g) of Section 120990.
(e) For purposes of this section, “primary care clinic” means a primary care
clinic as defined in subdivision (a) of Section 1204 or subdivision (g), (h), or (j)
of Section 1206.
Added Stats 2013 ch 589 § 2 (AB 446), effective January 1, 2014.

Misc.

§ 121015. Liability for disclosure of AIDS test results; Confidentiality of identity of person tested and persons contacted
(a) Notwithstanding Section 120980 or any other provision of law, no
physician and surgeon who has the results of a confirmed positive test to detect
HIV infection of a patient under his or her care shall be held criminally or
civilly liable for disclosing to a person reasonably believed to be the spouse, or
to a person reasonably believed to be a sexual partner or a person with whom
the patient has shared the use of hypodermic needles, or to the local health
officer or designated local public health agency staff for HIV partner services,
that the patient has tested positive on a test to detect HIV infection, except
that no physician and surgeon shall disclose any identifying information about
the individual believed to be infected, except as required in Section 121022 or
with the written consent of the individual pursuant to subdivision (g) of
Section 120980.
(b) No physician and surgeon shall disclose the information described in
subdivision (a) unless he or she has first discussed the test results with the
patient and has offered the patient appropriate educational and psychological
counseling, that shall include information on the risks of transmitting the
human immunodeficiency virus to other people and methods of avoiding those
risks, and has attempted to obtain the patient’s voluntary consent for notification of his or her contacts. The physician and surgeon shall notify the patient
of his or her intent to notify the patient’s contacts prior to any notification.
When the information is disclosed to a person reasonably believed to be a
spouse, or to a person reasonably believed to be a sexual partner, or a person
with whom the patient has shared the use of hypodermic needles, the
physician and surgeon shall refer that person for appropriate care, counseling,
and followup. This section shall not apply to disclosures made other than for
the purpose of diagnosis, care, and treatment of persons notified pursuant to
this section, or for the purpose of interrupting the chain of transmission.
(c) This section is permissive on the part of the attending physician, and all
requirements and other authorization for the disclosure of test results to detect
HIV infection are limited to the provisions contained in this chapter, Chapter
10 (commencing with Section 121075) and Sections 1603.1 and 1603.3. No
physician has a duty to notify any person of the fact that a patient is
reasonably believed to be infected with HIV, except as required by Section
121022.
(d) The local health officer or the designated local public health agency staff
for HIV partner services may, without incurring civil or criminal liability, alert
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any persons reasonably believed to be a spouse, sexual partner, or partner of
shared needles of an individual who has tested positive on an HIV test about
their exposure, without disclosing any identifying information about the
individual believed to be infected or the physician making the report, and shall
refer any person to whom a disclosure is made pursuant to this subdivision for
appropriate care and followup. Upon completion of the efforts to contact, alert,
and refer any person pursuant to this subdivision by a local health officer or
the designated local public health agency staff for HIV partner services, all
records regarding that person maintained by the local health officer pursuant
to this subdivision, including, but not limited to, any individual identifying
information, shall be expunged by the local health officer.
(e) The local health officer shall keep confidential the identity and the
seropositivity status of the individual tested and the identities of the persons
contacted, as long as records of contacts are maintained.
(f) Except as provided in Section 1603.1, 1603.3, or 121022, no person shall
be compelled in any state, county, city, or local civil, criminal, administrative,
legislative, or other proceedings to identify or provide identifying characteristics that would identify any individual reported or person contacted pursuant
to this section.

§ 121020. Requirement of written consent for incompetent subject;
Consent for minor or infant; Disclosure of results; Positive test by
infant
(a)(1) When the subject of an HIV test is not competent to give consent for
the test to be performed, written consent for the test may be obtained from the
subject’s parents, guardians, conservators, or other person lawfully authorized
to make health care decisions for the subject. For purposes of this paragraph,
a minor shall be deemed not competent to give consent if he or she is under 12
years of age.
(2) Notwithstanding paragraph (1), when the subject of the HIV test is a
minor adjudged to be a dependent child of the court pursuant to Section 360 of
the Welfare and Institutions Code, written consent for the test to be performed
may be obtained from the court pursuant to its authority under Section 362 or
369 of the Welfare and Institutions Code.
(3)(A) Notwithstanding paragraphs (1) and (2), if the subject of the test is an
infant who is less than 12 months of age who has been taken into temporary
custody pursuant to Article 7 (commencing with Section 305) of Chapter 2 of
Part 1 of Division 2 of the Welfare and Institutions Code or who has been, or
has a petition filed with the court to be, adjudged a dependent child of the court
pursuant to Section 360 of the Welfare and Institutions Code, the social worker
may provide written consent for an HIV test to be performed when the infant
is receiving medical care pursuant to Section 369 of the Welfare and Institutions Code, if all of the following have occurred:
(i) The attending physician and surgeon determines that HIV testing is
necessary to render appropriate care to the infant and documents that
determination. When deciding whether HIV testing is necessary, the physician
and surgeon shall consider appropriate factors, either known to the attending
physician and surgeon or provided to the attending physician and surgeon by
265

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Added Stats 1995 ch 415 § 7 (SB 1360). Amended Stats 2006 ch 20 § 5 (SB 699), effective April 17,
2006; Stats 2011 ch 151 § 1 (SB 422), effective January 1, 2012.

BOARD OF PSYCHOLOGY

Misc.

the social worker, including, but not limited to, whether the infant has a parent
with a history of behavior that places the parent at an increased risk of
exposure to HIV, or whether the infant is a victim of sexual abuse, which has
placed the child at risk of exposure to HIV.
(ii) The social worker provides known information concerning the infant’s
possible risk factors regarding exposure to HIV to the attending physician and
surgeon.
(iii) The social worker has made reasonable efforts to contact the parent or
guardian but was unable to do so, and the social worker has documented his or
her efforts to contact that person.
(B) The attending physician and surgeon and the social worker shall comply
with all applicable state and federal confidentiality and privacy laws, including
Section 121025, to protect the confidentiality and privacy interests of both the
infant and the biological mother.
(b) Written consent shall only be obtained for the subject pursuant to
paragraphs (1) and (2) of subdivision (a) when necessary to render appropriate
care or to practice preventative measures.
(c) The person authorized to consent to the test pursuant to subdivision (a)
shall be permitted to do any of the following:
(1) Notwithstanding Sections 120975 and 120980, receive the results of the
test on behalf of the subject without written authorization.
(2) Disclose the test results on behalf of the subject in accordance with
Sections 120975 and 120980.
(3) Provide written authorization for the disclosure of the test results on
behalf of the subject in accordance with Sections 120975 and 120980.
(d)(1) If an infant tested for HIV pursuant to paragraph (3) of subdivision (a)
tests positive for HIV infection and the physician and surgeon determines that
immediate HIV medical care is necessary to render appropriate care to that
infant, the provision of HIV medical care shall be considered emergency
medical care, pursuant to subdivision (d) of Section 369 of the Welfare and
Institutions Code.
(2) If an infant tests positive for HIV in a test performed pursuant to this
section, the social worker shall provide to the physician and surgeon any
available contact information for the biological mother for purposes of reporting the HIV infection to the local health officer pursuant to Section 121022.
Cases reported to the local health officer under this subdivision are subject to
the requirements of Section 120175.
Added Stats 1995 ch 415 § 7 (SB 1360). Amended Stats 2013 ch 153 § 1 (AB 506), effective January
1, 2014.

§ 121022. Manner of reporting cases; Access to anonymous testing;
Breach of confidentiality of records; Investigation; Penalties
(a) To ensure knowledge of current trends in the HIV epidemic and to
ensure that California remains competitive for federal HIV and AIDS funding,
health care providers and laboratories shall report cases of HIV infection to the
local health officer using patient names on a form developed by the department. Both the local health officer and the department shall be authorized to
access reports of HIV infection that are electronically submitted by laboratories pursuant to subdivision (g) of Section 120130. Local health officers shall
266

report unduplicated HIV cases by name to the department on a form developed
by the department.
(b)(1) Health care providers and local health officers shall submit cases of
HIV infection pursuant to subdivision (a) by courier service, United States
Postal Service express mail or registered mail, other traceable mail, personto-person transfer, facsimile, or electronically by a secure and confidential
electronic reporting system established by the department.
(2) This subdivision shall be implemented using the existing resources of
the department.
(c) The department and local health officers shall ensure continued reasonable access to anonymous HIV testing through alternative testing sites, as
established by Section 120890, and in consultation with HIV planning groups
and affected stakeholders, including representatives of persons living with
HIV and health officers.
(d) The department shall promulgate emergency regulations to conform the
relevant provisions of Article 3.5 (commencing with Section 2641.5) of Subchapter 1 of Chapter 4 of Division 1 of Title 17 of the California Code of
Regulations, consistent with this chapter, by April 17, 2007. Notwithstanding
the Administrative Procedure Act (Chapter 3.5 (commencing with Section
11340) of Part 1 of Division 3 of Title 2 of the Government Code), if the
department revises the form used for reporting pursuant to subdivision (a)
after consideration of the reporting guidelines published by the federal Centers
for Disease Control and Prevention, the revised form shall be implemented
without being adopted as a regulation, and shall be filed with the Secretary of
State and printed in Title 17 of the California Code of Regulations.
(e) Pursuant to Section 121025, reported cases of HIV infection shall not be
disclosed, discoverable, or compelled to be produced in any civil, criminal,
administrative, or other proceeding.
(f) State and local health department employees and contractors shall be
required to sign confidentiality agreements developed by the department that
include information related to the penalties for a breach of confidentiality and
the procedures for reporting a breach of confidentiality, prior to accessing
confidential HIV-related public health records. Those agreements shall be
reviewed annually by either the department or the appropriate local health
department.
(g) A person shall not disclose identifying information reported pursuant to
subdivision (a) to the federal government, including, but not limited to, any
agency, employee, agent, contractor, or anyone else acting on behalf of the
federal government, except as permitted under subdivision (b) of Section
121025.
(h)(1) Any potential or actual breach of confidentiality of HIV-related public
health records shall be investigated by the local health officer, in coordination
with the department, when appropriate. The local health officer shall immediately report any evidence of an actual breach of confidentiality of HIV-related
public health records at a city or county level to the department and the
appropriate law enforcement agency.
(2) The department shall investigate any potential or actual breach of
confidentiality of HIV-related public health records at the state level, and shall
report any evidence of such a breach of confidentiality to an appropriate law
enforcement agency.
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BOARD OF PSYCHOLOGY
(i) Any willful, negligent, or malicious disclosure of cases of HIV infection
reported pursuant to subdivision (a) shall be subject to the penalties prescribed
in Section 121025.
(j) This section does not limit other remedies and protections available
under state or federal law.
Added Stats 2006 ch 20 § 6 (SB 699), effective April 17, 2006. Amended Stats 2010 ch 470 § 2 (AB
2541), effective January 1, 2011; Stats 2011 ch 650 § 3 (SB 946), effective January 1, 2012; Stats 2013
ch 445 § 3 (SB 249), effective January 1, 2014; Stats 2014 ch 71 § 92 (SB 1304), effective January 1,
2015.

DIVISION 106
Personal Health Care (Including Maternal, Child,
and Adolescent)
PART 1
General Administration
CHAPTER 1
Patient Access to Health Records

Misc.

§ 123105. Definitions
As used in this chapter:
(a) “Health care provider” means any of the following:
(1) A health facility licensed pursuant to Chapter 2 (commencing with
Section 1250) of Division 2.
(2) A clinic licensed pursuant to Chapter 1 (commencing with Section 1200)
of Division 2.
(3) A home health agency licensed pursuant to Chapter 8 (commencing with
Section 1725) of Division 2.
(4) A physician and surgeon licensed pursuant to Chapter 5 (commencing
with Section 2000) of Division 2 of the Business and Professions Code or
pursuant to the Osteopathic Act.
(5) A podiatrist licensed pursuant to Article 22 (commencing with Section
2460) of Chapter 5 of Division 2 of the Business and Professions Code.
(6) A dentist licensed pursuant to Chapter 4 (commencing with Section
1600) of Division 2 of the Business and Professions Code.
(7) A psychologist licensed pursuant to Chapter 6.6 (commencing with
Section 2900) of Division 2 of the Business and Professions Code.
(8) An optometrist licensed pursuant to Chapter 7 (commencing with
Section 3000) of Division 2 of the Business and Professions Code.
(9) A chiropractor licensed pursuant to the Chiropractic Initiative Act.
(10) A marriage and family therapist licensed pursuant to Chapter 13
(commencing with Section 4980) of Division 2 of the Business and Professions
Code.
(11) A clinical social worker licensed pursuant to Chapter 14 (commencing
with Section 4990) of Division 2 of the Business and Professions Code.
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(12) A physical therapist licensed pursuant to Chapter 5.7 (commencing
with Section 2600) of Division 2 of the Business and Professions Code.
(13) An occupational therapist licensed pursuant to Chapter 5.6 (commencing with Section 2570).
(14) A professional clinical counselor licensed pursuant to Chapter 16
(commencing with Section 4999.10) of Division 2 of the Business and Professions Code.
(b) “Mental health records” means patient records, or discrete portions
thereof, specifically relating to evaluation or treatment of a mental disorder.
“Mental health records” includes, but is not limited to, all alcohol and drug
abuse records.
(c) “Patient” means a patient or former patient of a health care provider.
(d) “Patient records” means records in any form or medium maintained by,
or in the custody or control of, a health care provider relating to the health
history, diagnosis, or condition of a patient, or relating to treatment provided
or proposed to be provided to the patient. “Patient records” includes only
records pertaining to the patient requesting the records or whose representative requests the records. “Patient records” does not include information given
in confidence to a health care provider by a person other than another health
care provider or the patient, and that material may be removed from any
records prior to inspection or copying under Section 123110 or 123115. “Patient
records” does not include information contained in aggregate form, such as
indices, registers, or logs.
(e) “Patient’s representative” or “representative” means any of the following:
(1) A parent or guardian of a minor who is a patient.
(2) The guardian or conservator of the person of an adult patient.
(3) An agent as defined in Section 4607 of the Probate Code, to the extent
necessary for the agent to fulfill his or her duties as set forth in Division 4.7
(commencing with Section 4600) of the Probate Code.
(4) The beneficiary as defined in Section 24 of the Probate Code or personal
representative as defined in Section 58 of the Probate Code, of a deceased
patient.
(f) “Alcohol and drug abuse records” means patient records, or discrete
portions thereof, specifically relating to evaluation and treatment of alcoholism
or drug abuse.
Added Stats 1995 ch 415 § 8 (SB 1360). Amended Stats 2002 ch 1013 § 89 (SB 2026), ch 1150 § 49
(SB 1955); Stats 2006 ch 249 § 1 (SB 1307), effective January 1, 2007; Stats 2009 ch 307 § 105 (SB
821), effective January 1, 2010; Stats 2011 ch 381 § 33 (SB 146), effective January 1, 2012.

§ 123110. Inspection of records; Copying of records; Violations; Construction of section
(a) Notwithstanding Section 5328 of the Welfare and Institutions Code, and
except as provided in Sections 123115 and 123120, any adult patient of a
health care provider, any minor patient authorized by law to consent to
medical treatment, and any patient representative shall be entitled to inspect
patient records upon presenting to the health care provider a written request
for those records and upon payment of reasonable clerical costs incurred in
locating and making the records available. However, a patient who is a minor
shall be entitled to inspect patient records pertaining only to health care of a
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BOARD OF PSYCHOLOGY

Misc.

type for which the minor is lawfully authorized to consent. A health care
provider shall permit this inspection during business hours within five
working days after receipt of the written request. The inspection shall be
conducted by the patient or patient’s representative requesting the inspection,
who may be accompanied by one other person of his or her choosing.
(b) Additionally, any patient or patient’s representative shall be entitled to
copies of all or any portion of the patient records that he or she has a right to
inspect, upon presenting a written request to the health care provider
specifying the records to be copied, together with a fee to defray the cost of
copying, that shall not exceed twenty-five cents ($0.25) per page or fifty cents
($0.50) per page for records that are copied from microfilm and any additional
reasonable clerical costs incurred in making the records available. The health
care provider shall ensure that the copies are transmitted within 15 days after
receiving the written request.
(c) Copies of X-rays or tracings derived from electrocardiography, electroencephalography, or electromyography need not be provided to the patient or
patient’s representative under this section, if the original X-rays or tracings
are transmitted to another health care provider upon written request of the
patient or patient’s representative and within 15 days after receipt of the
request. The request shall specify the name and address of the health care
provider to whom the records are to be delivered. All reasonable costs, not
exceeding actual costs, incurred by a health care provider in providing copies
pursuant to this subdivision may be charged to the patient or representative
requesting the copies.
(d)(1) Notwithstanding any provision of this section, and except as provided
in Sections 123115 and 123120, any patient or former patient or the patient’s
representative shall be entitled to a copy, at no charge, of the relevant portion
of the patient’s records, upon presenting to the provider a written request, and
proof that the records are needed to support an appeal regarding eligibility for
a public benefit program. These programs shall be the Medi-Cal program,
social security disability insurance benefits, and Supplemental Security Income/State Supplementary Program for the Aged, Blind and Disabled (SSI/
SSP) benefits. For purposes of this subdivision, “relevant portion of the
patient’s records” means those records regarding services rendered to the
patient during the time period beginning with the date of the patient’s initial
application for public benefits up to and including the date that a final
determination is made by the public benefits program with which the patient’s
application is pending.
(2) Although a patient shall not be limited to a single request, the patient or
patient’s representative shall be entitled to no more than one copy of any
relevant portion of his or her record free of charge.
(3) This subdivision shall not apply to any patient who is represented by a
private attorney who is paying for the costs related to the patient’s appeal,
pending the outcome of that appeal. For purposes of this subdivision, “private
attorney” means any attorney not employed by a nonprofit legal services entity.
(e) If the patient’s appeal regarding eligibility for a public benefit program
specified in subdivision (d) is successful, the hospital or other health care
provider may bill the patient, at the rates specified in subdivisions (b) and (c),
for the copies of the medical records previously provided free of charge.
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(f) If a patient or his or her representative requests a record pursuant to
subdivision (d), the health care provider shall ensure that the copies are
transmitted within 30 days after receiving the written request.
(g) This section shall not be construed to preclude a health care provider
from requiring reasonable verification of identity prior to permitting inspection
or copying of patient records, provided this requirement is not used oppressively or discriminatorily to frustrate or delay compliance with this section.
Nothing in this chapter shall be deemed to supersede any rights that a patient
or representative might otherwise have or exercise under Section 1158 of the
Evidence Code or any other provision of law. Nothing in this chapter shall
require a health care provider to retain records longer than required by
applicable statutes or administrative regulations.
(h) This chapter shall not be construed to render a health care provider
liable for the quality of his or her records or the copies provided in excess of
existing law and regulations with respect to the quality of medical records. A
health care provider shall not be liable to the patient or any other person for
any consequences that result from disclosure of patient records as required by
this chapter. A health care provider shall not discriminate against classes or
categories of providers in the transmittal of X-rays or other patient records, or
copies of these X-rays or records, to other providers as authorized by this
section.
Every health care provider shall adopt policies and establish procedures for
the uniform transmittal of X-rays and other patient records that effectively
prevent the discrimination described in this subdivision. A health care provider may establish reasonable conditions, including a reasonable deposit fee,
to ensure the return of original X-rays transmitted to another health care
provider, provided the conditions do not discriminate on the basis of, or in a
manner related to, the license of the provider to which the X-rays are
transmitted.
(i) Any health care provider described in paragraphs (4) to (10), inclusive, of
subdivision (a) of Section 123105 who willfully violates this chapter is guilty of
unprofessional conduct. Any health care provider described in paragraphs (1)
to (3), inclusive, of subdivision (a) of Section 123105 that willfully violates this
chapter is guilty of an infraction punishable by a fine of not more than one
hundred dollars ($100). The state agency, board, or commission that issued the
health care provider’s professional or institutional license shall consider a
violation as grounds for disciplinary action with respect to the licensure,
including suspension or revocation of the license or certificate.
(j) This section shall be construed as prohibiting a health care provider from
withholding patient records or summaries of patient records because of an
unpaid bill for health care services. Any health care provider who willfully
withholds patient records or summaries of patient records because of an
unpaid bill for health care services shall be subject to the sanctions specified in
subdivision (i).
Added Stats 1995 ch 415 § 8 (SB 1360). Amended Stats 2001 ch 325 § 1 (AB 1311).

§ 123115. Representatives of minors; Risks of adverse consequences
to patient in inspecting records
(a) The representative of a minor shall not be entitled to inspect or obtain
copies of the minor’s patient records in either of the following circumstances:
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BOARD OF PSYCHOLOGY

Misc.

(1) With respect to which the minor has a right of inspection under Section
123110.
(2) Where the health care provider determines that access to the patient
records requested by the representative would have a detrimental effect on the
provider’s professional relationship with the minor patient or the minor’s
physical safety or psychological well-being. The decision of the health care
provider as to whether or not a minor’s records are available for inspection or
copying under this section shall not attach any liability to the provider, unless
the decision is found to be in bad faith.
(b) When a health care provider determines there is a substantial risk of
significant adverse or detrimental consequences to a patient in seeing or
receiving a copy of mental health records requested by the patient, the
provider may decline to permit inspection or provide copies of the records to the
patient, subject to the following conditions:
(1) The health care provider shall make a written record, to be included with
the mental health records requested, noting the date of the request and
explaining the health care provider’s reason for refusing to permit inspection
or provide copies of the records, including a description of the specific adverse
or detrimental consequences to the patient that the provider anticipates would
occur if inspection or copying were permitted.
(2)(A) The health care provider shall permit inspection by, or provide copies
of the mental health records to, a licensed physician and surgeon, licensed
psychologist, licensed marriage and family therapist, licensed clinical social
worker, or licensed professional clinical counselor, designated by request of the
patient.
(B) Any person registered as a marriage and family therapist intern, as
defined in Chapter 13 (commencing with Section 4980) of Division 2 of the
Business and Professions Code, may not inspect the patient’s mental health
records or obtain copies thereof, except pursuant to the direction or supervision
of a licensed professional specified in subdivision (g) of Section 4980.03 of the
Business and Professions Code. Prior to providing copies of mental health
records to a registered marriage and family therapist intern, a receipt for those
records shall be signed by the supervising licensed professional.
(C) Any person registered as a clinical counselor intern, as defined in
Chapter 16 (commencing with Section 4999.10) of Division 2 of the Business
and Professions Code, may not inspect the patient’s mental health records or
obtain copies thereof, except pursuant to the direction or supervision of a
licensed professional specified in subdivision (h) of Section 4999.12 of the
Business and Professions Code. Prior to providing copies of mental health
records to a person registered as a clinical counselor intern, a receipt for those
records shall be signed by the supervising licensed professional.
(D) A licensed physician and surgeon, licensed psychologist, licensed marriage and family therapist, licensed clinical social worker, licensed professional
clinical counselor, registered marriage and family therapist intern, or person
registered as a clinical counselor intern to whom the records are provided for
inspection or copying shall not permit inspection or copying by the patient.
(3) The health care provider shall inform the patient of the provider’s
refusal to permit him or her to inspect or obtain copies of the requested records,
and inform the patient of the right to require the provider to permit inspection
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HEALTH AND SAFETY CODE
by, or provide copies to, a licensed physician and surgeon, licensed psychologist, licensed marriage and family therapist, licensed clinical social worker, or
licensed professional clinical counselor designated by written authorization of
the patient.
(4) The health care provider shall indicate in the mental health records of
the patient whether the request was made under paragraph (2).

§ 123116. Inspection or release of information on minor removed
from physical custody of parent or guardian; Restrictions; Applicability
(a) Notwithstanding Section 3025 of the Family Code, paragraph (2) of
subdivision (c) of Section 56.11 of the Civil Code, or any other provision of law,
a psychotherapist who knows that a minor has been removed from the physical
custody of his or her parent or guardian pursuant to Article 6 (commencing
with Section 300) to Article 10 (commencing with Section 360), inclusive, of
Chapter 2 of Part 1 of Division 2 of the Welfare and Institutions Code shall not
allow the parent or guardian to inspect or obtain copies of mental health
records of the minor patient. This restriction shall not apply if the juvenile
court has issued an order authorizing the parent or guardian to inspect or
obtain copies of the mental health records of the minor patient after finding
that such an order would not be detrimental to the minor patient.
(b) For purposes of this section, the following definitions apply:
(1) “Mental health records” means mental health records as defined by
subdivision (b) of Section 123105.
(2) “Psychotherapist” means a provider of health care as defined in Section
1010 of the Evidence Code.
(c) When the juvenile court has issued an order authorizing the parent or
guardian to inspect or obtain copies of the mental health records of a minor
patient under the circumstances described in subdivision (a), the parent or
guardian requesting to inspect or obtain copies of the mental health records of
the minor patient shall present a copy of the court order to the psychotherapist
and shall comply with subdivisions (a) and (b) of Section 123110 before the
records may be accessed by the parent or guardian.
(d) Nothing in this section shall be construed to prevent or limit a psychotherapist’s authority under subdivision (a) of Section 123115 to deny a parent’s
or guardian’s written request to inspect or obtain copies of the minor patient’s
mental health records, notwithstanding the fact that the juvenile court has
issued an order authorizing the parent or guardian to inspect or obtain copies
of the minor patient’s mental health records. Liability for a psychotherapist’s
decision not to allow the parent or guardian to inspect or obtain copies of
records pursuant to the authority of subdivision (a) of Section 123115 shall be
governed by that section.
(e) Nothing in this section shall be construed to impose upon a psychotherapist a duty to inquire or investigate whether a child has been removed from the
physical custody of his or her parent or guardian pursuant to Article 6
(commencing with Section 300) to Article 10 (commencing with Section 360),
inclusive, of Chapter 2 of Part 1 of Division 2 of the Welfare and Institutions
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Added Stats 1995 ch 415 § 8 (SB 1360). Amended Stats 1997 ch 388 § 1 (SB 1295); Stats 2000 ch 519
§ 2 (AB 2161); Stats 2006 ch 100 § 1 (AB 1994), effective January 1, 2007; Stats 2009 ch 26 § 25 (SB
33), effective January 1, 2010; Stats 2011 ch 381 § 34 (SB 146), effective January 1, 2012.

BOARD OF PSYCHOLOGY
Code when a parent or guardian presents the minor’s psychotherapist with a
written request to inspect or obtain copies of the minor’s mental health
records.
Added Stats 2012 ch 657 § 2 (SB 1407), effective January 1, 2013.

§ 123120. Action to enforce right to inspect or copy
Any patient or representative aggrieved by a violation of Section 123110
may, in addition to any other remedy provided by law, bring an action against
the health care provider to enforce the obligations prescribed by Section
123110. Any judgment rendered in the action may, in the discretion of the
court, include an award of costs and reasonable attorney fees to the prevailing
party.
Added Stats 1995 ch 415 § 8 (SB 1360).

§ 123125. Exception for alcohol, drug abuse and communicable disease carrier records
(a) This chapter shall not require a health care provider to permit inspection
or provide copies of alcohol and drug abuse records where, or in a manner,
prohibited by Section 408 of the federal Drug Abuse Office and Treatment Act
of 1972 (Public Law 92–255) or Section 333 of the federal Comprehensive
Alcohol Abuse and Alcoholism Prevention, Treatment, and Rehabilitation Act
of 1970 (Public Law 91–616), or by regulations adopted pursuant to these
federal laws. Alcohol and drug abuse records subject to these federal laws shall
also be subject to this chapter, to the extent that these federal laws do not
prohibit disclosure of the records. All other alcohol and drug abuse records
shall be fully subject to this chapter.
(b) This chapter shall not require a health care provider to permit inspection
or provide copies of records or portions of records where or in a manner
prohibited by existing law respecting the confidentiality of information regarding communicable disease carriers.
Added Stats 1995 ch 415 § 8 (SB 1360).

Misc.

§ 123130. Preparation of summary of record; Conference with patient
(a) A health care provider may prepare a summary of the record, according
to the requirements of this section, for inspection and copying by a patient. If
the health care provider chooses to prepare a summary of the record rather
than allowing access to the entire record, he or she shall make the summary of
the record available to the patient within 10 working days from the date of the
patient’s request. However, if more time is needed because the record is of
extraordinary length or because the patient was discharged from a licensed
health facility within the last 10 days, the health care provider shall notify the
patient of this fact and the date that the summary will be completed, but in no
case shall more than 30 days elapse between the request by the patient and the
delivery of the summary. In preparing the summary of the record the health
care provider shall not be obligated to include information that is not contained
in the original record.
(b) A health care provider may confer with the patient in an attempt to
clarify the patient’s purpose and goal in obtaining his or her record. If as a
consequence the patient requests information about only certain injuries,
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illnesses, or episodes, this subdivision shall not require the provider to prepare
the summary required by this subdivision for other than the injuries, illnesses,
or episodes so requested by the patient. The summary shall contain for each
injury, illness, or episode any information included in the record relative to the
following:
(1) Chief complaint or complaints including pertinent history.
(2) Findings from consultations and referrals to other health care providers.
(3) Diagnosis, where determined.
(4) Treatment plan and regimen including medications prescribed.
(5) Progress of the treatment.
(6) Prognosis including significant continuing problems or conditions.
(7) Pertinent reports of diagnostic procedures and tests and all discharge
summaries.
(8) Objective findings from the most recent physical examination, such as
blood pressure, weight, and actual values from routine laboratory tests.
(c) This section shall not be construed to require any medical records to be
written or maintained in any manner not otherwise required by law.
(d) The summary shall contain a list of all current medications prescribed,
including dosage, and any sensitivities or allergies to medications recorded by
the provider.
(e) Subdivision (c) of Section 123110 shall be applicable whether or not the
health care provider elects to prepare a summary of the record.
(f) The health care provider may charge no more than a reasonable fee based
on actual time and cost for the preparation of the summary. The cost shall be
based on a computation of the actual time spent preparing the summary for
availability to the patient or the patient’s representative. It is the intent of the
Legislature that summaries of the records be made available at the lowest
possible cost to the patient.

§ 123135. Construction of chapter
Except as otherwise provided by law, nothing in this chapter shall be
construed to grant greater access to individual patient records by any person,
firm, association, organization, partnership, business trust, company, corporation, or municipal or other public corporation, or government officer or agency.
Therefore, this chapter does not do any of the following:
(a) Relieve employers of the requirements of the Confidentiality of Medical
Information Act (Part 2.6 (commencing with Section 56) of Division 1 of the
Civil Code).
(b) Relieve any person subject to the Insurance Information and Privacy
Protection Act (Article 6.6 (commencing with Section 791) of Chapter 1 of Part
2 of Division 1 of the Insurance Code) from the requirements of that act.
(c) Relieve government agencies of the requirements of the Information
Practices Act of 1977 (Title 1.8 (commencing with Section 1798) of Part 4 of
Division 3 of the Civil Code).
Added Stats 1995 ch 415 § 8 (SB 1360).

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Added Stats 1995 ch 415 § 8 (SB 1360).

BOARD OF PSYCHOLOGY
§ 123140. The Information Practices Act of 1977; Prevailing law respecting records
The Information Practices Act of 1977 (Title 1.8 (commencing with Section
1798) of Part 4 of Division 3 of the Civil Code) shall prevail over this chapter
with respect to records maintained by a state agency.
Added Stats 1995 ch 415 § 8 (SB 1360).

§ 123145. Preservation of records after licensee ceases operation;
Action for abandonment of records
(a) Providers of health services that are licensed pursuant to Sections 1205,
1253, 1575 and 1726 have an obligation, if the licensee ceases operation, to
preserve records for a minimum of seven years following discharge of the
patient, except that the records of unemancipated minors shall be kept at least
one year after the minor has reached the age of 18 years, and in any case, not
less than seven years.
(b) The department or any person injured as a result of the licensee’s
abandonment of health records may bring an action in a proper court for the
amount of damage suffered as a result thereof. In the event that the licensee
is a corporation or partnership that is dissolved, the person injured may take
action against that corporation’s or partnership’s principle officers of record at
the time of dissolution.
(c) Abandoned means violating subdivision (a) and leaving patients treated
by the licensee without access to medical information to which they are
entitled pursuant to Section 123110.
Added Stats 1995 ch 415 § 8 (SB 1360).

Misc.

§ 123148. Report to patient of results of clinical laboratory test
(a) Notwithstanding any other law, a health care professional at whose
request a test is performed shall provide or arrange for the provision of the
results of a clinical laboratory test to the patient who is the subject of the test
if so requested by the patient, in oral or written form. The results shall be
disclosed in plain language and in oral or written form, except the results may
be disclosed in electronic form if requested by the patient and if deemed most
appropriate by the health care professional who requested the test. The
telephone shall not be considered an electronic form of disclosing laboratory
results subject to the limits on electronic disclosure of test results for the
purpose of this section.
(b)(1) Consent of the patient to receive his or her laboratory results by
Internet posting or other electronic means shall be obtained in a manner
consistent with the requirements of Section 56.10 or 56.11 of the Civil Code. In
the event that a health care professional arranges for the provision of test
results by Internet posting or other electronic manner, the results shall be
disclosed to a patient in a reasonable time period, but only after the results
have been reviewed by the health care professional. Access to clinical laboratory test results shall be restricted by the use of a secure personal identification number when the results are disclosed to a patient by Internet posting or
other electronic manner.
(2) Nothing in paragraph (1) shall prohibit direct communication by Internet posting or the use of other electronic means to disclose clinical laboratory
test results by a treating health care professional who ordered the test for his
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or her patient or by a health care professional acting on behalf of, or with the
authorization of, the treating health care professional who ordered the test.
(c) When a patient requests access to his or her laboratory test results by
Internet posting, the health care professional shall advise the patient of any
charges that may be assessed directly to the patient or insurer for the service
and that the patient may call the health care professional for a more detailed
explanation of the laboratory test results when delivered.
(d) The electronic disclosure of test results under this section shall be in
accordance with any applicable federal law governing privacy and security of
electronic personal health records. However, any state statute that governs
privacy and security of electronic personal health records, shall apply to test
results under this section and shall prevail over federal law if federal law
permits.
(e) The test results to be reported to the patient pursuant to this section
shall be recorded in the patient’s medical record, and shall be reported to the
patient within a reasonable time period after the test results are received at
the offices of the health care professional who requested the test.
(f) Notwithstanding subdivision (a), unless the patient requests the disclosure, the health care professional deems this disclosure as an appropriate
means, and a health care professional has first discussed in person, by
telephone, or by any other means of oral communication, the test results with
the patient, in compliance with any other applicable laws, none of the following
clinical laboratory test results and any other related results shall be disclosed
to a patient by Internet posting or other electronic means:
(1) HIV antibody test, unless an HIV test subject is anonymously tested and
the test result is posted on a secure Internet Web site and can only be viewed
with the use of a secure code that can access only a single set of test results and
that is provided to the patient at the time of testing. The test result shall be
posted only if there is no link to any information that identifies or refers to the
subject of the test and the information required pursuant to subdivision (h) of
Section 120990 is provided.
(2) Presence of antigens indicating a hepatitis infection.
(3) Abusing the use of drugs.
(4) Test results related to routinely processed tissues, including skin biopsies, Pap smear tests, products of conception, and bone marrow aspirations for
morphological evaluation, if they reveal a malignancy.
(g) Patient identifiable test results and health information that have been
provided under this section shall not be used for any commercial purpose
without the consent of the patient, obtained in a manner consistent with the
requirements of Section 56.11 of the Civil Code. In no event shall patient
identifiable HIV-related test results and health information disclosed in this
section be used in violation of subdivision (f) of Section 120980.
(h) A third party to whom laboratory test results are disclosed pursuant to
this section shall be deemed a provider of administrative services, as that term
is used in paragraph (3) of subdivision (c) of Section 56.10 of the Civil Code, and
shall be subject to all limitations and penalties applicable to that section.
(i) A patient may not be required to pay a cost, or be charged a fee, for
electing to receive his or her laboratory results in a manner other than by
Internet posting or other electronic form.
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(j) A patient or his or her physician may revoke consent provided under this
section at any time and without penalty, except to the extent that action has
been taken in reliance on that consent.
Added Stats 1995 ch 415 § 8 (SB 1360). Amended Stats 2001 ch 529 § 1 (AB 1490); Stats 2002 ch 128
§ 1 (AB 2831); Stats 2012 ch 698 § 1 (AB 2253), effective January 1, 2013; Stats 2013 ch 589 § 3 (AB
446), effective January 1, 2014.

Misc.

§ 123149. Requirements for providers of health services utilizing
electronic recordkeeping systems only
(a) Providers of health services, licensed pursuant to Sections 1205, 1253,
1575, and 1726, that utilize electronic recordkeeping systems only, shall
comply with the additional requirements of this section. These additional
requirements do not apply to patient records if hard copy versions of the
patient records are retained.
(b) Any use of electronic recordkeeping to store patient records shall ensure
the safety and integrity of those records at least to the extent of hard copy
records. All providers set forth in subdivision (a) shall ensure the safety and
integrity of all electronic media used to store patient records by employing an
offsite backup storage system, an image mechanism that is able to copy
signature documents, and a mechanism to ensure that once a record is input,
it is unalterable.
(c) Original hard copies of patient records may be destroyed once the record
has been electronically stored.
(d) The printout of the computerized version shall be considered the original
as defined in Section 255 of the Evidence Code for purposes of providing copies
to patients, the Division of Licensing and Certification, and for introduction
into evidence in accordance with Sections 1550 and 1551 of the Evidence Code,
in administrative or court proceedings.
(e) Access to electronically stored patient records shall be made available to
the Division of Licensing and Certification staff promptly, upon request.
(f) This section does not exempt licensed clinics, health facilities, adult day
health care centers, and home health agencies from the requirement of
maintaining original copies of patient records that cannot be electronically
stored.
(g) Any health care provider subject to this section, choosing to utilize an
electronic recordkeeping system, shall develop and implement policies and
procedures to include safeguards for confidentiality and unauthorized access to
electronically stored patient health records, authentication by electronic
signature keys, and systems maintenance.
(h) Nothing contained in this chapter shall affect the existing regulatory
requirements for the access, use, disclosure, confidentiality, retention of record
contents, and maintenance of health information in patient records by health
care providers.
(i) This chapter does not prohibit any provider of health care services from
maintaining or retaining patient records electronically.
Added Stats 1995 ch 415 § 8 (SB 1360).

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CHAPTER 2
Destruction of Records and Exhibits of Human
Health
§ 123150. Destruction or disposition of X-ray photographs taken in
performance of duties regarding tuberculosis; Conditions
The board of supervisors may authorize the destruction or the disposition to
a public or private medical library of any X-ray photographs and case records
that are more than five years old and that were taken by the county health
officer in the performance of his or her duties with regard to tuberculosis if any
of the following conditions are complied with:
(a) The county health officer has determined that the X-ray photographs or
a series of X-ray photographs in conjunction with case records do not show the
existence of tuberculosis in the infectious stage.
(b) The individual of whom the X-ray photographs were taken has been
deceased not less than two years or the 102nd anniversary of the individual’s
birthdate has occurred and the county health officer cannot reasonably
ascertain whether the individual is still living.
(c) The place of residence of the individual of whom the X-ray photographs
were taken has been unknown to the county health officer for 10 years.

Misc.

Added Stats 1995 ch 415 § 8 (SB 1360).

279

Misc.

EXTRACTED FROM
CORPORATIONS CODE
TITLE 1
Corporations
DIVISION 3
Corporations for Specific Purposes
PART 4
Professional Corporations
[Added Stats 1968 ch 1375 § 9.]

§ 13400. Citation of part
This part shall be known and may be cited as the “Moscone-Knox Professional Corporation Act.”
§ 13401. Definitions
As used in this part:
(a) “Professional services” means any type of professional services that may
be lawfully rendered only pursuant to a license, certification, or registration
authorized by the Business and Professions Code, the Chiropractic Act, or the
Osteopathic Act.
(b) “Professional corporation” means a corporation organized under the
General Corporation Law or pursuant to subdivision (b) of Section 13406 that
is engaged in rendering professional services in a single profession, except as
otherwise authorized in Section 13401.5, pursuant to a certificate of registration issued by the governmental agency regulating the profession as herein
provided and that in its practice or business designates itself as a professional
or other corporation as may be required by statute. However, any professional
corporation or foreign professional corporation rendering professional services
by persons duly licensed by the Medical Board of California or any examining
committee under the jurisdiction of the board, the Osteopathic Medical Board
of California, the Dental Board of California, the California State Board of
Pharmacy, the Veterinary Medical Board, the California Architects Board, the
Court Reporters Board of California, the Board of Behavioral Sciences, the
Speech-Language Pathology and Audiology Board, the Board of Registered
Nursing, or the State Board of Optometry shall not be required to obtain a
certificate of registration in order to render those professional services.
(c) “Foreign professional corporation” means a corporation organized under
the laws of a state of the United States other than this state that is engaged in
a profession of a type for which there is authorization in the Business and
Professions Code for the performance of professional services by a foreign
professional corporation.
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Added Stats 1968 ch 1375 § 9.

BOARD OF PSYCHOLOGY
(d) “Licensed person” means any natural person who is duly licensed under
the provisions of the Business and Professions Code, the Chiropractic Act, or
the Osteopathic Act to render the same professional services as are or will be
rendered by the professional corporation or foreign professional corporation of
which he or she is or intends to become, an officer, director, shareholder, or
employee.
(e) “Disqualified person” means a licensed person who for any reason
becomes legally disqualified (temporarily or permanently) to render the
professional services that the particular professional corporation or foreign
professional corporation of which he or she is an officer, director, shareholder,
or employee is or was rendering.
Added Stats 1968 ch 1375 § 9. Amended Stats 1970 ch 1110 § 3, operative July 1, 1971; Stats 1977
ch 1126 § 3; Stats 1979 ch 472 § 2; Stats 1980 ch 1314 § 16; Stats 1981 ch 383 § 2; Stats 1985 ch
220 § 2, ch 1578 § 2; Stats 1987 ch 571 § 7; Stats 1988 ch 1448 § 28.5; Stats 1989 ch 886 § 82; Stats
1991 ch 566 § 20 (AB 766); Stats 1992 ch 1289 § 50 (AB 2743); Stats 1993 ch 910 § 2 (SB 687), ch
955 § 5.3 (SB 312); Stats 1994 ch 26 § 225 (AB 1807), effective March 30, 1994 (ch 26 prevails), ch
1010 § 66.1 (SB 2053); Stats 1995 ch 60 § 43 (SB 42), effective July 6, 1995; Stats 1997 ch 168 § 8
(AB 348); Stats 1999 ch 657 § 34 (AB 1677); Stats 2000 ch 197 § 4 (SB 1636), ch 836 § 51 (SB 1554);
Stats 2004 ch 695 § 51 (SB 1913); Stats 2006 ch 564 § 17 (AB 2256), effective January 1, 2007.

§ 13401.3. “Professional services”
As used in this part, “professional services” also means any type of professional services that may be lawfully rendered only pursuant to a license,
certification, or registration authorized by the Yacht and Ship Brokers Act
(Article 2 (commencing with Section 700) of Chapter 5 of Division 3 of the
Harbors and Navigation Code).
Added Stats 2000 ch 508 § 1 (SB 1967). Amended Stats 2001 ch 597 § 1 (AB 1706).

Misc.

§ 13401.5. Licensees as shareholders, officers, directors, or employees
Notwithstanding subdivision (d) of Section 13401 and any other provision of
law, the following licensed persons may be shareholders, officers, directors, or
professional employees of the professional corporations designated in this
section so long as the sum of all shares owned by those licensed persons does
not exceed 49 percent of the total number of shares of the professional
corporation so designated herein, and so long as the number of those licensed
persons owning shares in the professional corporation so designated herein
does not exceed the number of persons licensed by the governmental agency
regulating the designated professional corporation. This section does not limit
employment by a professional corporation designated in this section of only
those licensed professionals listed under each subdivision. Any person duly
licensed under Division 2 (commencing with Section 500) of the Business and
Professions Code, the Chiropractic Act, or the Osteopathic Act may be
employed to render professional services by a professional corporation designated in this section.
(a) Medical corporation.
(1) Licensed doctors of podiatric medicine.
(2) Licensed psychologists.
(3) Registered nurses.
(4) Licensed optometrists.
(5) Licensed marriage and family therapists.
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(6) Licensed clinical social workers.
(7) Licensed physician assistants.
(8) Licensed chiropractors.
(9) Licensed acupuncturists.
(10) Naturopathic doctors.
(11) Licensed professional clinical counselors.
(12) Licensed physical therapists.
(b) Podiatric medical corporation.
(1) Licensed physicians and surgeons.
(2) Licensed psychologists.
(3) Registered nurses.
(4) Licensed optometrists.
(5) Licensed chiropractors.
(6) Licensed acupuncturists.
(7) Naturopathic doctors.
(8) Licensed physical therapists.
(c) Psychological corporation.
(1) Licensed physicians and surgeons.
(2) Licensed doctors of podiatric medicine.
(3) Registered nurses.
(4) Licensed optometrists.
(5) Licensed marriage and family therapists.
(6) Licensed clinical social workers.
(7) Licensed chiropractors.
(8) Licensed acupuncturists.
(9) Naturopathic doctors.
(10) Licensed professional clinical counselors.
(d) Speech-language pathology corporation.
(1) Licensed audiologists.
(e) Audiology corporation.
(1) Licensed speech-language pathologists.
(f) Nursing corporation.
(1) Licensed physicians and surgeons.
(2) Licensed doctors of podiatric medicine.
(3) Licensed psychologists.
(4) Licensed optometrists.
(5) Licensed marriage and family therapists.
(6) Licensed clinical social workers.
(7) Licensed physician assistants.
(8) Licensed chiropractors.
(9) Licensed acupuncturists.
(10) Naturopathic doctors.
(11) Licensed professional clinical counselors.
(g) Marriage and family therapist corporation.
(1) Licensed physicians and surgeons.
(2) Licensed psychologists.
(3) Licensed clinical social workers.
(4) Registered nurses.
(5) Licensed chiropractors.
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Misc.

(6) Licensed acupuncturists.
(7) Naturopathic doctors.
(8) Licensed professional clinical counselors.
(h) Licensed clinical social worker corporation.
(1) Licensed physicians and surgeons.
(2) Licensed psychologists.
(3) Licensed marriage and family therapists.
(4) Registered nurses.
(5) Licensed chiropractors.
(6) Licensed acupuncturists.
(7) Naturopathic doctors.
(8) Licensed professional clinical counselors.
(i) Physician assistants corporation.
(1) Licensed physicians and surgeons.
(2) Registered nurses.
(3) Licensed acupuncturists.
(4) Naturopathic doctors.
(j) Optometric corporation.
(1) Licensed physicians and surgeons.
(2) Licensed doctors of podiatric medicine.
(3) Licensed psychologists.
(4) Registered nurses.
(5) Licensed chiropractors.
(6) Licensed acupuncturists.
(7) Naturopathic doctors.
(k) Chiropractic corporation.
(1) Licensed physicians and surgeons.
(2) Licensed doctors of podiatric medicine.
(3) Licensed psychologists.
(4) Registered nurses.
(5) Licensed optometrists.
(6) Licensed marriage and family therapists.
(7) Licensed clinical social workers.
(8) Licensed acupuncturists.
(9) Naturopathic doctors.
(10) Licensed professional clinical counselors.
(l) Acupuncture corporation.
(1) Licensed physicians and surgeons.
(2) Licensed doctors of podiatric medicine.
(3) Licensed psychologists.
(4) Registered nurses.
(5) Licensed optometrists.
(6) Licensed marriage and family therapists.
(7) Licensed clinical social workers.
(8) Licensed physician assistants.
(9) Licensed chiropractors.
(10) Naturopathic doctors.
(11) Licensed professional clinical counselors.
(m) Naturopathic doctor corporation.
284

(1) Licensed physicians and surgeons.
(2) Licensed psychologists.
(3) Registered nurses.
(4) Licensed physician assistants.
(5) Licensed chiropractors.
(6) Licensed acupuncturists.
(7) Licensed physical therapists.
(8) Licensed doctors of podiatric medicine.
(9) Licensed marriage and family therapists.
(10) Licensed clinical social workers.
(11) Licensed optometrists.
(12) Licensed professional clinical counselors.
(n) Dental corporation.
(1) Licensed physicians and surgeons.
(2) Dental assistants.
(3) Registered dental assistants.
(4) Registered dental assistants in extended functions.
(5) Registered dental hygienists.
(6) Registered dental hygienists in extended functions.
(7) Registered dental hygienists in alternative practice.
(o) Professional clinical counselor corporation.
(1) Licensed physicians and surgeons.
(2) Licensed psychologists.
(3) Licensed clinical social workers.
(4) Licensed marriage and family therapists.
(5) Registered nurses.
(6) Licensed chiropractors.
(7) Licensed acupuncturists.
(8) Naturopathic doctors.
(p) Physical therapy corporation.
(1) Licensed physicians and surgeons.
(2) Licensed doctors of podiatric medicine.
(3) Licensed acupuncturists.
(4) Naturopathic doctors.
(5) Licensed occupational therapists.
(6) Licensed speech-language therapists.
(7) Licensed audiologists.
(8) Registered nurses.
(9) Licensed psychologists.
(10) Licensed physician assistants.
Added Stats 1980 ch 1314 § 17.1. Amended Stats 1981 ch 621 § 5; Stats 1982 ch 1304 § 3, ch 1315
§ 1; Stats 1983 ch 1026 § 23, ch 1084 § 1; Stats 1988 ch 507 § 1; Stats 1990 ch 1691 § 1 (AB 3324);
Stats 1994 ch 26 § 226 (AB 1807), effective March 30, 1994, ch 815 § 2 (SB 1279); Stats 1997 ch 758
§ 84 (SB 1346); Stats 1998 ch 175 § 1 (AB 2120); Stats 2002 ch 1013 § 75 (SB 2026); Stats 2003 ch
485 § 6 (SB 907), ch 549 § 4 (AB 123); Stats 2004 ch 183 § 50 (AB 3082); Stats 2011 ch 381 § 18 (SB
146), effective January 1, 2012; Stats 2013 ch 620 § 6 (AB 1000), effective January 1, 2014.

§ 13402. Corporation rendering services other than pursuant to this
part; Conduct of business by corporation not professional
corporation
(a) This part shall not apply to any corporation now in existence or hereafter
organized which may lawfully render professional services other than pursu285

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BOARD OF PSYCHOLOGY
ant to this part, nor shall anything herein contained alter or affect any right or
privilege, whether under any existing or future provision of the Business and
Professions Code or otherwise, in terms permitting or not prohibiting performance of professional services through the use of any form of corporation
permitted by the General Corporation Law.
(b) The conduct of a business in this state by a corporation pursuant to a
license or registration issued under any state law, except laws relating to
taxation, shall not be considered to be the conduct of a business as a
professional corporation if the business is conducted by, and the license or
registration is issued to, a corporation which is not a professional corporation
within the meaning of this part, whether or not a professional corporation
could conduct the same business, or portions of the same business, as a
professional corporation.
Added Stats 1968 ch 1375 § 9. Amended Stats 1985 ch 1578 § 3; Stats 1988 ch 919 § 13.

Misc.

§ 13403. General Corporation Law; Applicability
The provisions of the General Corporation Law shall apply to professional
corporations, except where such provisions are in conflict with or inconsistent
with the provisions of this part. A professional corporation which has only one
shareholder need have only one director who shall be such shareholder and
who shall also serve as the president and treasurer of the corporation. The
other officers of the corporation in such situation need not be licensed persons.
A professional corporation which has only two shareholders need have only two
directors who shall be such shareholders. The two shareholders between them
shall fill the offices of president, vice president, secretary and treasurer.
A professional medical corporation may establish in its articles or bylaws the
manner in which its directors are selected and removed, their powers, duties,
and compensation. Each term of office may not exceed three years. Notwithstanding the foregoing, the articles or bylaws of a professional medical
corporation with more than 200 shareholders may provide that directors who
are officers of the corporation or who are responsible for the management of all
medical services at one or more medical centers may have terms of office, as
directors, of up to six years; however, no more than 50 percent of the members
of the board, plus one additional member of the board, may have six-year terms
of office.
Added Stats 1968 ch 1375 § 9. Amended Stats 1979 ch 711 § 12; Stats 1980 ch 36 § 1.

§ 13404. Formation; Certificate of registration
A corporation may be formed under the General Corporation Law or
pursuant to subdivision (b) of Section 13406 for the purposes of qualifying as
a professional corporation in the manner provided in this part and rendering
professional services. The articles of incorporation of a professional corporation
shall contain a specific statement that the corporation is a professional
corporation within the meaning of this part. Except as provided in subdivision
(b) of Section 13401, no professional corporation shall render professional
services in this state without a currently effective certificate of registration
issued by the governmental agency regulating the profession in which such
corporation is or proposes to be engaged, pursuant to the applicable provisions
of the Business and Professions Code or the Chiropractic Act expressly
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CORPORATIONS CODE
authorizing such professional services to be rendered by a professional
corporation.

§ 13404.5. Certificate of registration to transact intrastate business;
Liability of shareholders
(a) A foreign professional corporation may qualify as a foreign corporation to
transact intrastate business in this state in accordance with Chapter 21
(commencing with Section 2100) of Division 1. A foreign professional corporation shall be subject to the provisions of the General Corporation Law
applicable to foreign corporations, except where those provisions are in conflict
with or inconsistent with the provisions of this part. The statement and
designation filed by the foreign professional corporation pursuant to Section
2105 shall contain a specific statement that the corporation is a foreign
professional corporation within the meaning of this part.
(b) No foreign professional corporation shall render professional services in
this state without a currently effective certificate of registration issued by the
governmental agency regulating the profession in which that corporation
proposes to be engaged, pursuant to the applicable provisions of the Business
and Professions Code expressly authorizing those professional services to be
rendered by a foreign professional corporation.
(c) If the California board, commission, or other agency that prescribes the
rules or regulations governing a particular profession either now or hereafter
requires that the shareholders of the professional corporation bear any degree
of personal liability for the acts of the corporation, either by personal
guarantee or in some other form that the governing agency prescribes, the
shareholders of a foreign corporation that has been qualified to do business in
this state in the same profession shall, as a condition of doing business in this
state, be subject, with regard to the rendering of professional services by the
professional corporation in California, or for California residents, to the same
degree of personal liability, if any, as is prescribed by the governing agency for
shareholders of a California professional corporation rendering services in the
same profession.
(d) Each application by a foreign professional corporation to qualify to do
business in this state shall contain the following statement:
“The shareholders of the undersigned foreign professional corporation shall
be subject, with regard to the rendering of professional services by the
professional corporation in California, or for California residents, to the same
degree of personal liability, if any, in California as is from time to time
prescribed by the agency governing the profession in this state for shareholders in a California professional corporation rendering services in the same
profession. This application accordingly constitutes a submission to the jurisdiction of the courts of California to the same extent, but only to the same
extent, as applies to the shareholders of a California professional corporation
in the same profession. The foregoing submission to jurisdiction is a condition
of qualification to do business in this state.”
Added Stats 1993 ch 910 § 3 (SB 687).

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Added Stats 1968 ch 1375 § 9. Amended Stats 1970 ch 1110 § 4, operative July 1, 1971; Stats 1980
ch 1314 § 18; Stats 1993 ch 955 § 6 (SB 312).

BOARD OF PSYCHOLOGY

Misc.

§ 13405. License requirement for persons rendering professional
services; Employment of nonlicensed personnel
(a) Subject to the provisions of Section 13404, a professional corporation
may lawfully render professional services in this state, but only through
employees who are licensed persons. The corporation may employ persons not
so licensed, but such persons shall not render any professional services
rendered or to be rendered by that corporation in this state. A professional
corporation may render professional services outside of this state, but only
through employees who are licensed to render the same professional services
in the jurisdiction or jurisdictions in which the person practices. Nothing in
this section is intended to prohibit the rendition of occasional professional
services in another jurisdiction as an incident to the licensee’s primary
practice, so long as it is permitted by the governing agency that regulates the
particular profession in the jurisdiction. Nothing in this section is intended to
prohibit the rendition of occasional professional services in this state as an
incident to a professional employee’s primary practice for a foreign professional corporation qualified to render professional services in this state, so long
as it is permitted by the governing agency that regulates the particular
profession in this state.
(b) Subject to Section 13404.5, a foreign professional corporation qualified to
render professional services in this state may lawfully render professional
services in this state, but only through employees who are licensed persons,
and shall render professional services outside of this state only through
persons who are licensed to render the same professional services in the
jurisdiction or jurisdictions in which the person practices. The foreign professional corporation may employ persons in this state who are not licensed in
this state, but those persons shall not render any professional services
rendered or to be rendered by the corporation in this state.
(c) Nothing in this section or in this part is intended to, or shall, augment,
diminish or otherwise alter existing provisions of law, statutes or court rules
relating to services by a California attorney in another jurisdiction, or services
by an out-of-state attorney in California. These existing provisions, including,
but not limited to, admission pro hac vice and the taking of depositions in a
jurisdiction other than the one in which the deposing attorney is admitted to
practice, shall remain in full force and effect.
Added Stats 1968 ch 1375 § 9. Amended Stats 1993 ch 910 § 4 (SB 687).

§ 13406. Professional corporations; Stock; Financial statements;
Voting; Nonprofit law corporations
(a) Subject to the provisions of subdivision (b), shares of capital stock in a
professional corporation may be issued only to a licensed person or to a person
who is licensed to render the same professional services in the jurisdiction or
jurisdictions in which the person practices, and any shares issued in violation
of this restriction shall be void. Unless there is a public offering of securities by
a professional corporation or by a foreign professional corporation in this state,
its financial statements shall be treated by the Commissioner of Corporations
as confidential, except to the extent that such statements shall be subject to
subpoena in connection with any judicial or administrative proceeding, and
may be admissible in evidence therein. No shareholder of a professional
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CORPORATIONS CODE
corporation or of a foreign professional corporation qualified to render professional services in this state shall enter into a voting trust, proxy, or any other
arrangement vesting another person (other than another person who is a
shareholder of the same corporation) with the authority to exercise the voting
power of any or all of his or her shares, and any such purported voting trust,
proxy or other arrangement shall be void.
(b) A professional law corporation may be incorporated as a nonprofit public
benefit corporation under the Nonprofit Public Benefit Corporation Law under
either of the following circumstances:
(1) The corporation is a qualified legal services project or a qualified support
center within the meaning of subdivisions (a) and (b) of Section 6213 of the
Business and Professions Code.
(2) The professional law corporation otherwise meets all of the requirements and complies with all of the provisions of the Nonprofit Public Benefit
Corporation Law, as well as all of the following requirements:
(A) All of the members of the corporation, if it is a membership organization
as described in the Nonprofit Corporation Law, are persons licensed to practice
law in California.
(B) All of the members of the professional law corporation’s board of
directors are persons licensed to practice law in California.
(C) Seventy percent of the clients to whom the corporation provides legal
services are lower income persons as defined in Section 50079.5 of the Health
and Safety Code, and to other persons who would not otherwise have access to
legal services.
(D) The corporation shall not enter into contingency fee contracts with
clients.
(c) A professional law corporation incorporated as a nonprofit public benefit
corporation that is a recipient in good standing as defined in subdivision (c) of
Section 6213 of the Business and Professions Code shall be deemed to have
satisfied all of the filing requirements of a professional law corporation under
Sections 6161.1, 6162, and 6163 of the Business and Professions Code.
§ 13407. Transfer of shares; Restriction; Purchase by corporation;
Suspension or revocation of certificate
Shares in a professional corporation or a foreign professional corporation
qualified to render professional services in this state may be transferred only
to a licensed person, to a shareholder of the same corporation, to a person
licensed to practice the same profession in the jurisdiction or jurisdictions in
which the person practices, or to a professional corporation, and any transfer
in violation of this restriction shall be void, except as provided herein.
A professional corporation may purchase its own shares without regard to
any restrictions provided by law upon the repurchase of shares, if at least one
share remains issued and outstanding.
If a professional corporation or a foreign professional corporation qualified to
render professional services in this state shall fail to acquire all of the shares
of a shareholder who is disqualified from rendering professional services in
this state or of a deceased shareholder who was, on his or her date of death,
licensed to render professional services in this state, or if such a disqualified
289

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Added Stats 1968 ch 1375 § 9. Amended Stats 1993 ch 910 § 5 (SB 687), ch 955 § 7.5 (SB 312).

BOARD OF PSYCHOLOGY
shareholder or the representative of such a deceased shareholder shall fail to
transfer said shares to the corporation, to another shareholder of the corporation, to a person licensed to practice the same profession in the jurisdiction or
jurisdictions in which the person practices, or to a licensed person, within 90
days following the date of disqualification, or within six months following the
date of death of the shareholder, as the case may be, then the certificate of
registration of the corporation may be suspended or revoked by the governmental agency regulating the profession in which the corporation is engaged.
In the event of such a suspension or revocation, the corporation shall cease to
render professional services in this state.
Notwithstanding any provision in this part, upon the death or incapacity of
a dentist, any individual named in subdivision (a) of Section 1625.3 of the
Business and Professions Code may employ licensed dentists and dental
assistants and charge for their professional services for a period not to exceed
12 months from the date of death or incapacity of the dentist. The employment
of licensed dentists and dental assistants shall not be deemed the practice of
dentistry within the meaning of Section 1625 of the Business and Professions
Code, provided that all of the requirements of Section 1625.4 of the Business
and Professions Code are met. If an individual listed in Section 1625.3 of the
Business and Professions Code is employing licensed persons and dental
assistants, then the shares of a deceased or incapacitated dentist shall be
transferred as provided in this section no later than 12 months from the date
of death or incapacity of the dentist.
Added Stats 1968 ch 1375 § 9. Amended Stats 1993 ch 910 § 6 (SB 687); Stats 2007 ch 433 § 4 (SB
387), effective January 1, 2008.

Misc.

§ 13408. Specification of grounds for suspension or revocation of
certificate
The following shall be grounds for the suspension or revocation of the
certificate of registration of a professional corporation or a foreign professional
corporation qualified to render professional services in this state: (a) if all
shareholders who are licensed persons of such corporation shall at any one
time become disqualified persons, or (b) if the sole shareholder shall become a
disqualified person, or (c) if such corporation shall knowingly employ or retain
in its employment a disqualified person, or (d) if such corporation shall violate
any applicable rule or regulation adopted by the governmental agency regulating the profession in which such corporation is engaged, or (e) if such
corporation shall violate any statute applicable to a professional corporation or
to a foreign professional corporation, or (f) any ground for such suspension or
revocation specified in the Business and Professions Code relating to the
profession in which such corporation is engaged. In the event of such suspension or revocation of its certificate of registration such corporation shall cease
forthwith to render professional services in this state.
Added Stats 1968 ch 1375 § 9. Amended Stats 1993 ch 910 § 7 (SB 687).

§ 13408.5. Fee splitting, kickbacks, or similar practices
No professional corporation may be formed so as to cause any violation of
law, or any applicable rules and regulations, relating to fee splitting, kickbacks, or other similar practices by physicians and surgeons or psychologists,
including, but not limited to, Section 650 or subdivision (e) of Section 2960 of
290

CORPORATIONS CODE
the Business and Professions Code. A violation of any such provisions shall be
grounds for the suspension or revocation of the certificate of registration of the
professional corporation. The Commissioner of Corporations or the Director of
the Department of Managed Health Care may refer any suspected violation of
such provisions to the governmental agency regulating the profession in which
the corporation is, or proposes to be engaged.

§ 13409. Name of corporation; Provisions governing
(a) A professional corporation may adopt any name permitted by a law
expressly applicable to the profession in which such corporation is engaged or
by a rule or regulation of the governmental agency regulating such profession.
The provisions of subdivision (b) of Section 201 shall not apply to the name of
a professional corporation if such name shall contain and be restricted to the
name or the last name of one or more of the present, prospective, or former
shareholders or of persons who were associated with a predecessor person,
partnership or other organization or whose name or names appeared in the
name of such predecessor organization, and the Secretary of State shall have
no authority by reason of subdivision (b) of Section 201 to refuse to file articles
of incorporation which set forth such a name; provided, however, that such
name shall not be substantially the same as the name of a domestic corporation, the name of a foreign corporation qualified to render professional services
in this state which is authorized to transact business in this state, or a name
which is under reservation for another corporation. The Secretary of State may
require proof by affidavit or otherwise establishing that the name of the
professional corporation complies with the requirements of this section and of
the law governing the profession in which such professional corporation is
engaged. The statements of fact in such affidavits may be accepted by the
Secretary of State as sufficient proof of the facts.
(b) A foreign professional corporation qualified to render professional services in this state may transact intrastate business in this state by any name
permitted by a law expressly applicable to the profession in which the
corporation is engaged, or by a rule or regulation of the governmental agency
regulating the rendering of professional services in this state by the corporation. The provisions of subdivision (b) of Section 201 shall not apply to the
name of a foreign professional corporation if the name contains and is
restricted to the name or the last name of one or more of the present,
prospective, or former shareholders or of persons who were associated with a
predecessor person, partnership, or other organization, or whose name or
names appeared in the name of the predecessor organization, and the Secretary of State shall have no authority by reason of subdivision (b) of Section 201
to refuse to issue a certificate of qualification to a foreign professional
corporation that sets forth that name in its statement and designation;
provided, however, that such a name shall not be substantially the same as the
name of a domestic corporation, the name of a foreign corporation qualified to
render professional services in the state, or a name that is under reservation
for another corporation. The Secretary of State may require proof by affidavit
or otherwise establishing that the name of the foreign professional corporation
qualified to render professional services in this state complies with the
291

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Added Stats 1977 ch 1126 § 4. Amended Stats 1999 ch 525 § 9 (AB 78), operative July 1, 2000; Stats
2000 ch 857 § 7 (AB 2903).

BOARD OF PSYCHOLOGY
requirements of this section and of the law governing the profession in which
the foreign professional corporation qualified to render professional services in
this state proposes to engage in this state. The statements of fact in such
affidavits may be accepted by the Secretary of State as sufficient proof of the
facts.
Added Stats 1968 ch 1375 § 9. Amended Stats 1976 ch 641 § 42, effective January 1, 1977; Stats
1993 ch 910 § 8 (SB 687).

§ 13410. Disciplinary rules and regulations
(a) A professional corporation or a foreign professional corporation qualified
to render professional services in this state shall be subject to the applicable
rules and regulations adopted by, and all the disciplinary provisions of the
Business and Professions Code expressly governing the practice of the profession in this state, and to the powers of, the governmental agency regulating the
profession in which such corporation is engaged. Nothing in this part shall
affect or impair the disciplinary powers of any such governmental agency over
licensed persons or any law, rule or regulation pertaining to the standards for
professional conduct of licensed persons or to the professional relationship
between any licensed person furnishing professional services and the person
receiving such services.
(b) With respect to any foreign professional corporation qualified to render
professional services in this state, each such governmental agency shall adopt
rules, regulations, and orders as appropriate to restrict or prohibit any
disqualified person from doing any of the following:
(1) Being a shareholder, director, officer, or employee of the corporation.
(2) Rendering services in any profession in which he or she is a disqualified
person.
(3) Participating in the management of the corporation.
(4) Sharing in the income of the corporation.
Added Stats 1968 ch 1375 § 9. Amended Stats 1993 ch 910 § 10 (SB 687).

Misc.

292

EXTRACTED FROM
EDUCATION CODE
TITLE 3
Postsecondary Education
DIVISION 10
Private Postsecondary and Higher Education
Institutions
PART 59
Private Postsecondary and Higher Education
Institutions
(Repealed January 1, 2017)
CHAPTER 8
Private Postsecondary Institutions
(Repealed January 1, 2017)
ARTICLE 3
Definitions

Added Stats 2009 ch 310 § 6 (AB 48), effective January 1, 2010, repealed January 1, 2015. Amended
Stats 2014 ch 840 § 41 (SB 1247), effective January 1, 2015, repealed January 1, 2017.

293

Misc.

§ 94823.5. (Repealed January 1, 2017) “Change of location”
“Change of location” means a move or relocation more than 10 miles from the
site at which the institution offers instruction.

Misc.

EXTRACTED FROM
GOVERNMENT CODE
TITLE 1
GENERAL
DIVISION 7
Miscellaneous
CHAPTER 3.5
Inspection of Public Records

§ 6254. Records exempt from disclosure requirements
Except as provided in Sections 6254.7 and 6254.13, this chapter does not
require the disclosure of any of the following records:
(a) Preliminary drafts, notes, or interagency or intra-agency memoranda
that are not retained by the public agency in the ordinary course of business,
if the public interest in withholding those records clearly outweighs the public
interest in disclosure.
(b) Records pertaining to pending litigation to which the public agency is a
party, or to claims made pursuant to Division 3.6 (commencing with Section
810), until the pending litigation or claim has been finally adjudicated or
otherwise settled.
(c) Personnel, medical, or similar files, the disclosure of which would
constitute an unwarranted invasion of personal privacy.
(d) Contained in or related to any of the following:
(1) Applications filed with any state agency responsible for the regulation or
supervision of the issuance of securities or of financial institutions, including,
but not limited to, banks, savings and loan associations, industrial loan
companies, credit unions, and insurance companies.
(2) Examination, operating, or condition reports prepared by, on behalf of, or
for the use of, any state agency referred to in paragraph (1).
(3) Preliminary drafts, notes, or interagency or intra-agency communications prepared by, on behalf of, or for the use of, any state agency referred to in
paragraph (1).
(4) Information received in confidence by any state agency referred to in
paragraph (1).
(e) Geological and geophysical data, plant production data, and similar
information relating to utility systems development, or market or crop reports,
that are obtained in confidence from any person.
(f) Records of complaints to, or investigations conducted by, or records of
intelligence information or security procedures of, the office of the Attorney
295

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ARTICLE 1
General Provisions

BOARD OF PSYCHOLOGY

Misc.

General and the Department of Justice, the Office of Emergency Services and
any state or local police agency, or any investigatory or security files compiled
by any other state or local police agency, or any investigatory or security files
compiled by any other state or local agency for correctional, law enforcement,
or licensing purposes. However, state and local law enforcement agencies shall
disclose the names and addresses of persons involved in, or witnesses other
than confidential informants to, the incident, the description of any property
involved, the date, time, and location of the incident, all diagrams, statements
of the parties involved in the incident, the statements of all witnesses, other
than confidential informants, to the victims of an incident, or an authorized
representative thereof, an insurance carrier against which a claim has been or
might be made, and any person suffering bodily injury or property damage or
loss, as the result of the incident caused by arson, burglary, fire, explosion,
larceny, robbery, carjacking, vandalism, vehicle theft, or a crime as defined by
subdivision (b) of Section 13951, unless the disclosure would endanger the
safety of a witness or other person involved in the investigation, or unless
disclosure would endanger the successful completion of the investigation or a
related investigation. However, nothing in this division shall require the
disclosure of that portion of those investigative files that reflects the analysis
or conclusions of the investigating officer.
Customer lists provided to a state or local police agency by an alarm or
security company at the request of the agency shall be construed to be records
subject to this subdivision.
Notwithstanding any other provision of this subdivision, state and local law
enforcement agencies shall make public the following information, except to
the extent that disclosure of a particular item of information would endanger
the safety of a person involved in an investigation or would endanger the
successful completion of the investigation or a related investigation:
(1) The full name and occupation of every individual arrested by the agency,
the individual’s physical description including date of birth, color of eyes and
hair, sex, height and weight, the time and date of arrest, the time and date of
booking, the location of the arrest, the factual circumstances surrounding the
arrest, the amount of bail set, the time and manner of release or the location
where the individual is currently being held, and all charges the individual is
being held upon, including any outstanding warrants from other jurisdictions
and parole or probation holds.
(2) Subject to the restrictions imposed by Section 841.5 of the Penal Code,
the time, substance, and location of all complaints or requests for assistance
received by the agency and the time and nature of the response thereto,
including, to the extent the information regarding crimes alleged or committed
or any other incident investigated is recorded, the time, date, and location of
occurrence, the time and date of the report, the name and age of the victim, the
factual circumstances surrounding the crime or incident, and a general
description of any injuries, property, or weapons involved. The name of a victim
of any crime defined by Section 220, 236.1, 261, 261.5, 262, 264, 264.1, 265,
266, 266a, 266b, 266c, 266e, 266f, 266j, 267, 269, 273a, 273d, 273.5, 285, 286,
288, 288a, 288.2, 288.3 (as added by Chapter 337 of the Statutes of 2006), 288.3
(as added by Section 6 of Proposition 83 of the November 7, 2006, statewide
general election), 288.5, 288.7, 289, 422.6, 422.7, 422.75, 646.9, or 647.6 of the
296

Penal Code may be withheld at the victim’s request, or at the request of the
victim’s parent or guardian if the victim is a minor. When a person is the victim
of more than one crime, information disclosing that the person is a victim of a
crime defined in any of the sections of the Penal Code set forth in this
subdivision may be deleted at the request of the victim, or the victim’s parent
or guardian if the victim is a minor, in making the report of the crime, or of any
crime or incident accompanying the crime, available to the public in compliance with the requirements of this paragraph.
(3) Subject to the restrictions of Section 841.5 of the Penal Code and this
subdivision, the current address of every individual arrested by the agency and
the current address of the victim of a crime, where the requester declares
under penalty of perjury that the request is made for a scholarly, journalistic,
political, or governmental purpose, or that the request is made for investigation purposes by a licensed private investigator as described in Chapter 11.3
(commencing with Section 7512) of Division 3 of the Business and Professions
Code. However, the address of the victim of any crime defined by Section 220,
236.1, 261, 261.5, 262, 264, 264.1, 265, 266, 266a, 266b, 266c, 266e, 266f, 266j,
267, 269, 273a, 273d, 273.5, 285, 286, 288, 288a, 288.2, 288.3 (as added by
Chapter 337 of the Statutes of 2006), 288.3 (as added by Section 6 of
Proposition 83 of the November 7, 2006, statewide general election), 288.5,
288.7, 289, 422.6, 422.7, 422.75, 646.9, or 647.6 of the Penal Code shall remain
confidential. Address information obtained pursuant to this paragraph may
not be used directly or indirectly, or furnished to another, to sell a product or
service to any individual or group of individuals, and the requester shall
execute a declaration to that effect under penalty of perjury. Nothing in this
paragraph shall be construed to prohibit or limit a scholarly, journalistic,
political, or government use of address information obtained pursuant to this
paragraph.
(g) Test questions, scoring keys, and other examination data used to
administer a licensing examination, examination for employment, or academic
examination, except as provided for in Chapter 3 (commencing with Section
99150) of Part 65 of Division 14 of Title 3 of the Education Code.
(h) The contents of real estate appraisals or engineering or feasibility
estimates and evaluations made for or by the state or local agency relative to
the acquisition of property, or to prospective public supply and construction
contracts, until all of the property has been acquired or all of the contract
agreement obtained. However, the law of eminent domain shall not be affected
by this provision.
(i) Information required from any taxpayer in connection with the collection
of local taxes that is received in confidence and the disclosure of the information to other persons would result in unfair competitive disadvantage to the
person supplying the information.
(j) Library circulation records kept for the purpose of identifying the
borrower of items available in libraries, and library and museum materials
made or acquired and presented solely for reference or exhibition purposes.
The exemption in this subdivision shall not apply to records of fines imposed on
the borrowers.
(k) Records, the disclosure of which is exempted or prohibited pursuant to
federal or state law, including, but not limited to, provisions of the Evidence
Code relating to privilege.
297

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GOVERNMENT CODE

BOARD OF PSYCHOLOGY

Misc.

(l) Correspondence of and to the Governor or employees of the Governor’s
office or in the custody of or maintained by the Governor’s Legal Affairs
Secretary. However, public records shall not be transferred to the custody of
the Governor’s Legal Affairs Secretary to evade the disclosure provisions of
this chapter.
(m) In the custody of or maintained by the Legislative Counsel, except those
records in the public database maintained by the Legislative Counsel that are
described in Section 10248.
(n) Statements of personal worth or personal financial data required by a
licensing agency and filed by an applicant with the licensing agency to
establish his or her personal qualification for the license, certificate, or permit
applied for.
(o) Financial data contained in applications for financing under Division 27
(commencing with Section 44500) of the Health and Safety Code, where an
authorized officer of the California Pollution Control Financing Authority
determines that disclosure of the financial data would be competitively
injurious to the applicant and the data is required in order to obtain
guarantees from the United States Small Business Administration. The
California Pollution Control Financing Authority shall adopt rules for review
of individual requests for confidentiality under this section and for making
available to the public those portions of an application that are subject to
disclosure under this chapter.
(p) Records of state agencies related to activities governed by Chapter 10.3
(commencing with Section 3512), Chapter 10.5 (commencing with Section
3525), and Chapter 12 (commencing with Section 3560) of Division 4, that
reveal a state agency’s deliberative processes, impressions, evaluations, opinions, recommendations, meeting minutes, research, work products, theories, or
strategy, or that provide instruction, advice, or training to employees who do
not have full collective bargaining and representation rights under these
chapters. Nothing in this subdivision shall be construed to limit the disclosure
duties of a state agency with respect to any other records relating to the
activities governed by the employee relations acts referred to in this subdivision.
(q)(1) Records of state agencies related to activities governed by Article 2.6
(commencing with Section 14081), Article 2.8 (commencing with Section
14087.5), and Article 2.91 (commencing with Section 14089) of Chapter 7 of
Part 3 of Division 9 of the Welfare and Institutions Code, that reveal the
special negotiator’s deliberative processes, discussions, communications, or
any other portion of the negotiations with providers of health care services,
impressions, opinions, recommendations, meeting minutes, research, work
product, theories, or strategy, or that provide instruction, advice, or training to
employees.
(2) Except for the portion of a contract containing the rates of payment,
contracts for inpatient services entered into pursuant to these articles, on or
after April 1, 1984, shall be open to inspection one year after they are fully
executed. If a contract for inpatient services that is entered into prior to April
1, 1984, is amended on or after April 1, 1984, the amendment, except for any
portion containing the rates of payment, shall be open to inspection one year
after it is fully executed. If the California Medical Assistance Commission
298

enters into contracts with health care providers for other than inpatient
hospital services, those contracts shall be open to inspection one year after
they are fully executed.
(3) Three years after a contract or amendment is open to inspection under
this subdivision, the portion of the contract or amendment containing the rates
of payment shall be open to inspection.
(4) Notwithstanding any other law, the entire contract or amendment shall
be open to inspection by the Joint Legislative Audit Committee and the
Legislative Analyst’s Office. The committee and that office shall maintain the
confidentiality of the contracts and amendments until the time a contract or
amendment is fully open to inspection by the public.
(r) Records of Native American graves, cemeteries, and sacred places and
records of Native American places, features, and objects described in Sections
5097.9 and 5097.993 of the Public Resources Code maintained by, or in the
possession of, the Native American Heritage Commission, another state
agency, or a local agency.
(s) A final accreditation report of the Joint Commission on Accreditation of
Hospitals that has been transmitted to the State Department of Health Care
Services pursuant to subdivision (b) of Section 1282 of the Health and Safety
Code.
(t) Records of a local hospital district, formed pursuant to Division 23
(commencing with Section 32000) of the Health and Safety Code, or the records
of a municipal hospital, formed pursuant to Article 7 (commencing with Section
37600) or Article 8 (commencing with Section 37650) of Chapter 5 of Part 2 of
Division 3 of Title 4 of this code, that relate to any contract with an insurer or
nonprofit hospital service plan for inpatient or outpatient services for alternative rates pursuant to Section 10133 of the Insurance Code. However, the
record shall be open to inspection within one year after the contract is fully
executed.
(u)(1) Information contained in applications for licenses to carry firearms
issued pursuant to Section 26150, 26155, 26170, or 26215 of the Penal Code by
the sheriff of a county or the chief or other head of a municipal police
department that indicates when or where the applicant is vulnerable to attack
or that concerns the applicant’s medical or psychological history or that of
members of his or her family.
(2) The home address and telephone number of prosecutors, public defenders, peace officers, judges, court commissioners, and magistrates that are set
forth in applications for licenses to carry firearms issued pursuant to Section
26150, 26155, 26170, or 26215 of the Penal Code by the sheriff of a county or
the chief or other head of a municipal police department.
(3) The home address and telephone number of prosecutors, public defenders, peace officers, judges, court commissioners, and magistrates that are set
forth in licenses to carry firearms issued pursuant to Section 26150, 26155,
26170, or 26215 of the Penal Code by the sheriff of a county or the chief or other
head of a municipal police department.
(v)(1) Records of the Managed Risk Medical Insurance Board and the State
Department of Health Care Services related to activities governed by Part 6.3
(commencing with Section 12695), Part 6.5 (commencing with Section 12700),
Part 6.6 (commencing with Section 12739.5), or Part 6.7 (commencing with
299

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GOVERNMENT CODE

BOARD OF PSYCHOLOGY

Misc.

Section 12739.70) of Division 2 of the Insurance Code, or Chapter 2 (commencing with Section 15810) or Chapter 4 (commencing with Section 15870) of Part
3.3 of Division 9 of the Welfare and Institutions Code, and that reveal any of
the following:
(A) The deliberative processes, discussions, communications, or any other
portion of the negotiations with entities contracting or seeking to contract with
the board or the department, entities with which the board or the department
is considering a contract, or entities with which the board or department is
considering or enters into any other arrangement under which the board or the
department provides, receives, or arranges services or reimbursement.
(B) The impressions, opinions, recommendations, meeting minutes, research, work product, theories, or strategy of the board or its staff or the
department or its staff, or records that provide instructions, advice, or training
to their employees.
(2)(A) Except for the portion of a contract that contains the rates of
payment, contracts entered into pursuant to Part 6.3 (commencing with
Section 12695), Part 6.5 (commencing with Section 12700), Part 6.6 (commencing with Section 12739.5), or Part 6.7 (commencing with Section 12739.70) of
Division 2 of the Insurance Code, or Chapter 2 (commencing with Section
15810) or Chapter 4 (commencing with Section 15870) of Part 3.3 of Division
9 of the Welfare and Institutions Code, on or after July 1, 1991, shall be open
to inspection one year after their effective dates.
(B) If a contract that is entered into prior to July 1, 1991, is amended on or
after July 1, 1991, the amendment, except for any portion containing the rates
of payment, shall be open to inspection one year after the effective date of the
amendment.
(3) Three years after a contract or amendment is open to inspection
pursuant to this subdivision, the portion of the contract or amendment
containing the rates of payment shall be open to inspection.
(4) Notwithstanding any other law, the entire contract or amendments to a
contract shall be open to inspection by the Joint Legislative Audit Committee.
The committee shall maintain the confidentiality of the contracts and amendments thereto, until the contracts or amendments to the contracts are open to
inspection pursuant to paragraph (3).
(w)(1) Records of the Managed Risk Medical Insurance Board related to
activities governed by Chapter 8 (commencing with Section 10700) of Part 2 of
Division 2 of the Insurance Code, and that reveal the deliberative processes,
discussions, communications, or any other portion of the negotiations with
health plans, or the impressions, opinions, recommendations, meeting minutes, research, work product, theories, or strategy of the board or its staff, or
records that provide instructions, advice, or training to employees.
(2) Except for the portion of a contract that contains the rates of payment,
contracts for health coverage entered into pursuant to Chapter 8 (commencing
with Section 10700) of Part 2 of Division 2 of the Insurance Code, on or after
January 1, 1993, shall be open to inspection one year after they have been fully
executed.
(3) Notwithstanding any other law, the entire contract or amendments to a
contract shall be open to inspection by the Joint Legislative Audit Committee.
The committee shall maintain the confidentiality of the contracts and amend300

ments thereto, until the contracts or amendments to the contracts are open to
inspection pursuant to paragraph (2).
(x) Financial data contained in applications for registration, or registration
renewal, as a service contractor filed with the Director of Consumer Affairs
pursuant to Chapter 20 (commencing with Section 9800) of Division 3 of the
Business and Professions Code, for the purpose of establishing the service
contractor’s net worth, or financial data regarding the funded accounts held in
escrow for service contracts held in force in this state by a service contractor.
(y)(1) Records of the Managed Risk Medical Insurance Board and the State
Department of Health Care Services related to activities governed by Part 6.2
(commencing with Section 12693) or Part 6.4 (commencing with Section
12699.50) of Division 2 of the Insurance Codeor Sections 14005.26 and
14005.27 of, or Chapter 3 (commencing with Section 15850) of Part 3.3 of
Division 9 of, the Welfare and Institutions Code, if the records reveal any of the
following:
(A) The deliberative processes, discussions, communications, or any other
portion of the negotiations with entities contracting or seeking to contract with
the board or the department, entities with which the board or department is
considering a contract, or entities with which the board or department is
considering or enters into any other arrangement under which the board or
department provides, receives, or arranges services or reimbursement.
(B) The impressions, opinions, recommendations, meeting minutes, research, work product, theories, or strategy of the board or its staff, or the
department or its staff, or records that provide instructions, advice, or training
to employees.
(2)(A) Except for the portion of a contract that contains the rates of
payment, contracts entered into pursuant to Part 6.2 (commencing with
Section 12693) or Part 6.4 (commencing with Section 12699.50) of Division 2 of
the Insurance Code, on or after January 1, 1998, or Sections 14005.26 and
14005.27 of, or Chapter 3 (commencing with Section 15850) of Part 3.3 of
Division 9 of, the Welfare and Institutions Code shall be open to inspection one
year after their effective dates.
(B) If a contract entered into pursuant to Part 6.2 (commencing with Section
12693) or Part 6.4 (commencing with Section 12699.50) of Division 2 of the
Insurance Code or Sections 14005.26 and 14005.27 of, or Chapter 3 (commencing with Section 15850) of Part 3.3 of Division 9 of, the Welfare and
Institutions Code, is amended, the amendment shall be open to inspection one
year after the effective date of the amendment.
(3) Three years after a contract or amendment is open to inspection
pursuant to this subdivision, the portion of the contract or amendment
containing the rates of payment shall be open to inspection.
(4) Notwithstanding any other law, the entire contract or amendments to a
contract shall be open to inspection by the Joint Legislative Audit Committee.
The committee shall maintain the confidentiality of the contracts and amendments thereto until the contract or amendments to a contract are open to
inspection pursuant to paragraph (2) or (3).
(5) The exemption from disclosure provided pursuant to this subdivision for
the contracts, deliberative processes, discussions, communications, negotiations, impressions, opinions, recommendations, meeting minutes, research,
301

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BOARD OF PSYCHOLOGY

Misc.

work product, theories, or strategy of the board or its staff, or the department
or its staff, shall also apply to the contracts, deliberative processes, discussions, communications, negotiations, impressions, opinions, recommendations,
meeting minutes, research, work product, theories, or strategy of applicants
pursuant to Part 6.4 (commencing with Section 12699.50) of Division 2 of the
Insurance Code or Chapter 3 (commencing with Section 15850) of Part 3.3 of
Division 9 of the Welfare and Institutions Code.
(z) Records obtained pursuant to paragraph (2) of subdivision (f) of Section
2891.1 of the Public Utilities Code.
(aa) A document prepared by or for a state or local agency that assesses its
vulnerability to terrorist attack or other criminal acts intended to disrupt the
public agency’s operations and that is for distribution or consideration in a
closed session.
(ab) Critical infrastructure information, as defined in Section 131(3) of Title
6 of the United States Code, that is voluntarily submitted to the California
Emergency Management Agency for use by that office, including the identity of
the person who or entity that voluntarily submitted the information. As used
in this subdivision, “voluntarily submitted” means submitted in the absence of
the office exercising any legal authority to compel access to or submission of
critical infrastructure information. This subdivision shall not affect the status
of information in the possession of any other state or local governmental
agency.
(ac) All information provided to the Secretary of State by a person for the
purpose of registration in the Advance Health Care Directive Registry, except
that those records shall be released at the request of a health care provider, a
public guardian, or the registrant’s legal representative.
(ad) The following records of the State Compensation Insurance Fund:
(1) Records related to claims pursuant to Chapter 1 (commencing with
Section 3200) of Division 4 of the Labor Code, to the extent that confidential
medical information or other individually identifiable information would be
disclosed.
(2) Records related to the discussions, communications, or any other portion
of the negotiations with entities contracting or seeking to contract with the
fund, and any related deliberations.
(3) Records related to the impressions, opinions, recommendations, meeting
minutes of meetings or sessions that are lawfully closed to the public, research,
work product, theories, or strategy of the fund or its staff, on the development
of rates, contracting strategy, underwriting, or competitive strategy pursuant
to the powers granted to the fund in Chapter 4 (commencing with Section
11770) of Part 3 of Division 2 of the Insurance Code.
(4) Records obtained to provide workers’ compensation insurance under
Chapter 4 (commencing with Section 11770) of Part 3 of Division 2 of the
Insurance Code, including, but not limited to, any medical claims information,
policyholder information provided that nothing in this paragraph shall be
interpreted to prevent an insurance agent or broker from obtaining proprietary
information or other information authorized by law to be obtained by the agent
or broker, and information on rates, pricing, and claims handling received from
brokers.
(5)(A) Records that are trade secrets pursuant to Section 6276.44, or Article
11 (commencing with Section 1060) of Chapter 4 of Division 8 of the Evidence
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Code, including without limitation, instructions, advice, or training provided
by the State Compensation Insurance Fund to its board members, officers, and
employees regarding the fund’s special investigation unit, internal audit unit,
and informational security, marketing, rating, pricing, underwriting, claims
handling, audits, and collections.
(B) Notwithstanding subparagraph (A), the portions of records containing
trade secrets shall be available for review by the Joint Legislative Audit
Committee, the Bureau of State Audits, Division of Workers’ Compensation,
and the Department of Insurance to ensure compliance with applicable law.
(6)(A) Internal audits containing proprietary information and the following
records that are related to an internal audit:
(i) Personal papers and correspondence of any person providing assistance
to the fund when that person has requested in writing that his or her papers
and correspondence be kept private and confidential. Those papers and
correspondence shall become public records if the written request is withdrawn, or upon order of the fund.
(ii) Papers, correspondence, memoranda, or any substantive information
pertaining to any audit not completed or an internal audit that contains
proprietary information.
(B) Notwithstanding subparagraph (A), the portions of records containing
proprietary information, or any information specified in subparagraph (A)
shall be available for review by the Joint Legislative Audit Committee, the
Bureau of State Audits, Division of Workers’ Compensation, and the Department of Insurance to ensure compliance with applicable law.
(7)(A) Except as provided in subparagraph (C), contracts entered into
pursuant to Chapter 4 (commencing with Section 11770) of Part 3 of Division
2 of the Insurance Code shall be open to inspection one year after the contract
has been fully executed.
(B) If a contract entered into pursuant to Chapter 4 (commencing with
Section 11770) of Part 3 of Division 2 of the Insurance Code is amended, the
amendment shall be open to inspection one year after the amendment has been
fully executed.
(C) Three years after a contract or amendment is open to inspection
pursuant to this subdivision, the portion of the contract or amendment
containing the rates of payment shall be open to inspection.
(D) Notwithstanding any other law, the entire contract or amendments to a
contract shall be open to inspection by the Joint Legislative Audit Committee.
The committee shall maintain the confidentiality of the contracts and amendments thereto until the contract or amendments to a contract are open to
inspection pursuant to this paragraph.
(E) This paragraph is not intended to apply to documents related to
contracts with public entities that are not otherwise expressly confidential as
to that public entity.
(F) For purposes of this paragraph, “fully executed” means the point in time
when all of the necessary parties to the contract have signed the contract.
This section shall not prevent any agency from opening its records concerning the administration of the agency to public inspection, unless disclosure is
otherwise prohibited by law.
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BOARD OF PSYCHOLOGY
This section shall not prevent any health facility from disclosing to a
certified bargaining agent relevant financing information pursuant to Section
8 of the National Labor Relations Act (29 U.S.C. Sec. 158).
Added Stats 1981 ch 684 § 1.5, effective September 23, 1981, operative January 1, 1982. Amended
Stats 1982 ch 83 § 1, effective March 1, 1982, ch 1492 § 2, ch 1594 § 2, effective September 30, 1982;
Stats 1983 ch 200 § 1, effective July 12, 1983, ch 621 § 1, ch 955 § 1, ch 1315 § 1; Stats 1984 ch 1516
§ 1, effective September 28, 1984; Stats 1985 ch 103 § 1; ch 1218 § 1; Stats 1986 ch 185 § 2; Stats
1987 ch 634 § 1, effective September 14, 1987, ch 635 § 1; Stats 1988 ch 870 § 1, ch 1371 § 2; Stats
1989 ch 191 § 1; Stats 1990 ch 1106 § 2 (SB 2106); Stats 1991 ch 278 § 1.2 (AB 99), effective July
30, 1991, ch 607 § 4 (SB 98); Stats 1992 ch 3 § 1 (AB 1681), effective February 10, 1992, ch 72 § 2
(AB 1525), effective May 28, 1992, ch 1128 § 2 (AB 1672), operative July 1, 1993; Stats 1993 ch 606
§ 1 (AB 166), effective October 1, 1993 (ch 1265 prevails); Stats 1993 ch 610 § 1 (AB 6), effective
October 1, 1993; Stats 1993 ch 611 § 1 (SB 60), effective October 1, 1993; Stats 1993 ch 1265 § 14 (SB
798); S tats 1994 ch 82 § 1 (AB 2547), ch 1263 § 1.5 (AB 1328); Stats 1995 ch 438 § 1 (AB 985), ch
777 § 2 (AB 958), ch 778 § 1.5 (SB 1059); Stats 1996 ch 1075 § 11 (SB 1444); Stats 1997 ch 623 § 1
(AB 1126); Stats 1998 ch 13 § 1 (AB 487), ch 110 § 1 (AB 1795) (ch 110 prevails), ch 485 § 83 (AB
2803); Stats 2000 ch 184 § 1 (AB 1349); Stats 2001 ch 159 § 105 (SB 662); Stats 2002 ch 175 § 1 (SB
1643); Stats 2003 ch 230 § 1 (AB 1762), effective August 11, 2003, ch 673 § 12 (SB 2); Stats 2004 ch
8 § 1 (AB 1209), effective January 22, 2004, ch 183 § 134 (AB 3082), ch 228 § 2 (SB 1103), effective
August 16, 2004, ch 882 § 1 (AB 2445), ch 937 § 2.5 (AB 1933); Stats 2005 ch 22 § 71 (SB 1108), ch
476 § 1 (AB 1495), effective October 4, 2005, ch 670 § 1.5 (SB 922), effective October 7, 2005; Stats
2006 ch 538 § 232 (SB 1852); Stats 2007 ch 577 § 1 (AB 1750), effective October 13, 2007, ch 578 § 1.5
(SB 449); Stats 2008 ch 344 § 1 (SB 1145), effective September 26, 2008, ch 358 § 2 (AB 2810), ch 372
§ 1.3 (AB 38), effective January 1, 2009; Stats 2010 ch 32 § 1 (AB 1887) (ch 32 prevails), effective
June 29, 2010, ch 178 § 33 (SB 1115), effective January 1, 2011, operative January 1, 2012; Stats 2011
ch 285 § 7 (AB 1402), effective January 1, 2012. See this section as modified in Governor’s
Reorganization Plan No. 2 § 85 of 2012. Amended Stats 2012 ch 697 § 1 (AB 2221), effective January
1, 2013; Stats 2013 ch 23 § 2 (AB 82), effective June 27, 2013, ch 352 § 106 (AB 1317), effective
September 26, 2013, operative July 1, 2013; Stats 2014 ch 31 § 2 (SB 857), effective June 20, 2014.

TITLE 2
Government of the State of California
DIVISION 3
Executive Department
Misc.

PART 1
State Departments and Agencies
CHAPTER 4.5
Administrative Adjudication: General Provisions
ARTICLE 1
Preliminary Provisions
§ 11400. Administrative Procedure Act; References to superseded
provisions
(a) This chapter and Chapter 5 (commencing with Section 11500) constitute
the administrative adjudication provisions of the Administrative Procedure
Act.
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GOVERNMENT CODE
(b) A reference in any other statute or in a rule of court, executive order, or
regulation, to a provision formerly found in Chapter 5 (commencing with
Section 11500) that is superseded by a provision of this chapter, means the
applicable provision of this chapter.
Added Stats 1995 ch 938 § 21 (SB 523), operative July 1, 1997.

§ 11425.50. Decision to be in writing; Statement of factual and legal
basis
(a) The decision shall be in writing and shall include a statement of the
factual and legal basis for the decision.
(b) The statement of the factual basis for the decision may be in the
language of, or by reference to, the pleadings. If the statement is no more than
mere repetition or paraphrase of the relevant statute or regulation, the
statement shall be accompanied by a concise and explicit statement of the
underlying facts of record that support the decision. If the factual basis for the
decision includes a determination based substantially on the credibility of a
witness, the statement shall identify any specific evidence of the observed
demeanor, manner, or attitude of the witness that supports the determination,
and on judicial review the court shall give great weight to the determination to
the extent the determination identifies the observed demeanor, manner, or
attitude of the witness that supports it.
(c) The statement of the factual basis for the decision shall be based
exclusively on the evidence of record in the proceeding and on matters officially
noticed in the proceeding. The presiding officer’s experience, technical competence, and specialized knowledge may be used in evaluating evidence.
(d) Nothing in this section limits the information that may be contained in
the decision, including a summary of evidence relied on.
(e) A penalty may not be based on a guideline, criterion, bulletin, manual,
instruction, order, standard of general application or other rule subject to
Chapter 3.5 (commencing with Section 11340) unless it has been adopted as a
regulation pursuant to Chapter 3.5 (commencing with Section 11340).
Added Stats 1995 ch 938 § 21 (SB 523), operative July 1, 1997.

ARTICLE 14
Declaratory Decision
§ 11465.10. Conduct of proceeding under declaratory decision procedure
Subject to the limitations in this article, an agency may conduct an
adjudicative proceeding under the declaratory decision procedure provided in
this article.
Added Stats 1995 ch 938 § 21 (SB 523), operative July 1, 1997.

§ 11465.20. Application; Issuance of decision
(a) A person may apply to an agency for a declaratory decision as to the
applicability to specified circumstances of a statute, regulation, or decision
within the primary jurisdiction of the agency.
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ARTICLE 6
Administrative Adjudication Bill of Rights

BOARD OF PSYCHOLOGY
(b) The agency in its discretion may issue a declaratory decision in response
to the application. The agency shall not issue a declaratory decision if any of
the following applies:
(1) Issuance of the decision would be contrary to a regulation adopted under
this article.
(2) The decision would substantially prejudice the rights of a person who
would be a necessary party and who does not consent in writing to the
determination of the matter by a declaratory decision proceeding.
(3) The decision involves a matter that is the subject of pending administrative or judicial proceedings.
(c) An application for a declaratory decision is not required for exhaustion of
the applicant’s administrative remedies for purposes of judicial review.
Added Stats 1995 ch 938 § 21 (SB 523), operative July 1, 1997.

§ 11465.30. Notice of application for decision
Within 30 days after receipt of an application for a declaratory decision, an
agency shall give notice of the application to all persons to which notice of an
adjudicative proceeding is otherwise required, and may give notice to any other
person.
Added Stats 1995 ch 938 § 21 (SB 523), operative July 1, 1997.

§ 11465.40. Applicable hearing procedure
The provisions of a formal, informal, or other applicable hearing procedure
do not apply to an agency proceeding for a declaratory decision except to the
extent provided in this article or to the extent the agency so provides by
regulation or order.
Added Stats 1995 ch 938 § 21 (SB 523), operative July 1, 1997.

Misc.

§ 11465.50. Actions of agency after receipt of application
(a) Within 60 days after receipt of an application for a declaratory decision,
an agency shall do one of the following, in writing:
(1) Issue a decision declaring the applicability of the statute, regulation, or
decision in question to the specified circumstances.
(2) Set the matter for specified proceedings.
(3) Agree to issue a declaratory decision by a specified time.
(4) Decline to issue a declaratory decision, stating in writing the reasons for
its action. Agency action under this paragraph is not subject to judicial review.
(b) A copy of the agency’s action under subdivision (a) shall be served
promptly on the applicant and any other party.
(c) If an agency has not taken action under subdivision (a) within 60 days
after receipt of an application for a declaratory decision, the agency is
considered to have declined to issue a declaratory decision on the matter.
Added Stats 1995 ch 938 § 21 (SB 523), operative July 1, 1997.

§ 11465.60. Contents of decision; Status and binding effect of decision
(a) A declaratory decision shall contain the names of all parties to the
proceeding, the particular facts on which it is based, and the reasons for its
conclusion.
(b) A declaratory decision has the same status and binding effect as any
other decision issued by the agency in an adjudicative proceeding.
Added Stats 1995 ch 938 § 21 (SB 523), operative July 1, 1997.

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GOVERNMENT CODE
§ 11465.70. Model regulations
(a) The Office of Administrative Hearings shall adopt and promulgate model
regulations under this article that are consistent with the public interest and
with the general policy of this article to facilitate and encourage agency
issuance of reliable advice. The model regulations shall provide for all of the
following:
(1) A description of the classes of circumstances in which an agency will not
issue a declaratory decision.
(2) The form, contents, and filing of an application for a declaratory decision.
(3) The procedural rights of a person in relation to an application.
(4) The disposition of an application.
(b) The regulations adopted by the Office of Administrative Hearings under
this article apply in an adjudicative proceeding unless an agency adopts its
own regulations to govern declaratory decisions of the agency.
(c) This article does not apply in an adjudicative proceeding to the extent an
agency by regulation provides inconsistent rules or provides that this article is
not applicable in a proceeding of the agency.
Added Stats 1995 ch 938 § 21 (SB 523), operative July 1, 1997.

§ 11522. Reinstatement of license or reduction of penalty
A person whose license has been revoked or suspended may petition the
agency for reinstatement or reduction of penalty after a period of not less than
one year has elapsed from the effective date of the decision or from the date of
the denial of a similar petition. The agency shall give notice to the Attorney
General of the filing of the petition and the Attorney General and the petitioner
shall be afforded an opportunity to present either oral or written argument
before the agency itself. The agency itself shall decide the petition, and the
decision shall include the reasons therefor, and any terms and conditions that
the agency reasonably deems appropriate to impose as a condition of reinstatement. This section shall not apply if the statutes dealing with the particular
agency contain different provisions for reinstatement or reduction of penalty.
Added Stats 1945 ch 867 § 1. Amended Stats 1985 ch 587 § 4.

PART 2.8
Department of Fair Employment and Housing
CHAPTER 6
Discrimination Prohibited
ARTICLE 1
Unlawful Practices, Generally
§ 12944. Discrimination by licensing board
(a) It shall be unlawful for a licensing board to require any examination or
establish any other qualification for licensing that has an adverse impact on
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CHAPTER 5
Administrative Adjudication: Formal Hearing

BOARD OF PSYCHOLOGY

Misc.

any class by virtue of its race, creed, color, national origin or ancestry, sex,
gender, gender identity, gender expression, age, medical condition, genetic
information, physical disability, mental disability, or sexual orientation, unless
the practice can be demonstrated to be job related.
Where the commission, after hearing, determines that an examination is
unlawful under this subdivision, the licensing board may continue to use and
rely on the examination until such time as judicial review by the superior court
of the determination is exhausted.
If an examination or other qualification for licensing is determined to be
unlawful under this section, that determination shall not void, limit, repeal, or
otherwise affect any right, privilege, status, or responsibility previously
conferred upon any person by the examination or by a license issued in reliance
on the examination or qualification.
(b) It shall be unlawful for a licensing board to fail or refuse to make
reasonable accommodation to an individual’s mental or physical disability or
medical condition.
(c) It shall be unlawful for any licensing board, unless specifically acting in
accordance with federal equal employment opportunity guidelines or regulations approved by the commission, to print or circulate or cause to be printed
or circulated any publication, or to make any non-job-related inquiry, either
verbal or through use of an application form, which expresses, directly or
indirectly, any limitation, specification, or discrimination as to race, religious
creed, color, national origin, ancestry, physical disability, mental disability,
medical condition, genetic information, sex, gender, gender identity, gender
expression, age, or sexual orientation or any intent to make any such
limitation, specification, or discrimination. Nothing in this subdivision shall
prohibit any licensing board from making, in connection with prospective
licensure or certification, an inquiry as to, or a request for information
regarding, the physical fitness of applicants if that inquiry or request for
information is directly related and pertinent to the license or the licensed
position the applicant is applying for. Nothing in this subdivision shall prohibit
any licensing board, in connection with prospective examinations, licensure, or
certification, from inviting individuals with physical or mental disabilities to
request reasonable accommodations or from making inquiries related to
reasonable accommodations.
(d) It is unlawful for a licensing board to discriminate against any person
because the person has filed a complaint, testified, or assisted in any proceeding under this part.
(e) It is unlawful for any licensing board to fail to keep records of applications for licensing or certification for a period of two years following the date of
receipt of the applications.
(f) As used in this section, “licensing board” means any state board, agency,
or authority in the Business, Consumer Services, and Housing Agency that has
the authority to grant licenses or certificates which are prerequisites to
employment eligibility or professional status.
Added Stats 1980 ch 992 § 4. Amended Stats 1992 ch 912 § 6 (AB 1286), ch 913 § 24 (AB 1077); Stats
1999 ch 592 § 8 (AB 1001); Stats 2011 ch 261 § 15 (SB 559), effective January 1, 2012, ch 719 § 19.5
(AB 887), effective January 1, 2012; Stats 2012 ch 46 § 37 (SB 1038), effective June 27, 2012,
operative January 1, 2013. See this section as modified in Governor’s Reorganization Plan No. 2

308

GOVERNMENT CODE

Misc.

§ 210 of 2012. Amended Stats 2012 ch 147 § 17 (SB 1039), effective January 1, 2013, operative July
1, 2013 (ch 147 prevails).

309

Misc.

DISCIPLINARY GUIDELINES

STATE OF CALIFORNIA
DEPARTMENT OF CONSUMER AFFAIRS
BOARD OF PSYCHOLOGY

DISCIPLINARY GUIDELINES
ADOPTED 11/92 - EFFECTIVE 1/1/93 –
AMENDED 7/1/96, AMENDED 4/1/99, AMENDED 2/07

311

Disciplinary Guidelines

ψ

BOARD OF PSYCHOLOGY

INTRODUCTION
The Board of Psychology of the California Department of Consumer Affairs
(hereinafter "the Board") is a consumer protection agency with the primary
mission of protecting consumers of psychological services from potentially
harmful practices. In keeping with its mandate to protect this particularly
vulnerable population, the Board has adopted the following recommended
guidelines for disciplinary orders and conditions of probation for violations of the
Psychology Licensing Law.
The Board recognizes that a rare individual case may necessitate a departure
from these guidelines for disciplinary orders. However, in such a rare case, the
mitigating circumstances must be detailed in the "Finding of Fact" which is in
every Proposed Decision.
If at the time of hearing, the Administrative Law Judge finds that the respondent,
for any reason, is not capable of safe practice, the Board expects outright
revocation of the license. This is particularly true in any case of patient sexual
abuse. In less egregious cases, a stayed revocation with probation pursuant to
the attached Penalty Guidelines would be appropriate.
BOARD INFORMATION

The
unde
the a
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2960

Disciplinary Guidelines

Board of Psychology Contact Information:
Board of Psychology
1625 North Market Street, Suite N-215
Sacramento, CA 95834
(916) 574-7720 / FAX (916) 574-8672
www.psychboard.ca.gov
Staff with Authority to Negotiate Settlements:
Robert Kahane, Executive Officer

(916) 574-7113
CAL NET 435-2696

Jeffrey Thomas, Assistant Executive Officer (916) 574-7116
CALNET 435-2696
Gina Bayless, Enforcement Coordinator

2

312

(916) 574-7118
CALNET 435-0321

2960

e
he

ent,

al
to

PENALTY GUIDELINES
The following is an attempt to provide information regarding the range of offenses
under the Psychology Licensing Law and the California Code of Regulations and
the appropriate penalty for each offense. Each penalty listed is followed in
parenthesis by a number which corresponds with a number under the chapter
"Terms and Conditions of Probation." Legal "enacted" dates follow the definition
of some of the most frequently used disciplinary subdivisions. Examples are
given for illustrative purposes, but no attempt is made to catalog all possible
offenses. The Board recognizes that the penalties and conditions of probation
listed are merely guidelines and that individual cases will necessitate variations
that take into account unique circumstances.
If there are deviations or omissions from the guidelines in formulating a Proposed
Decision, the Board requires that the Administrative Law Judge hearing the case
include an explanation of the deviations or omissions in the Proposed Decision so
that the circumstances can be better understood by the Board during its review
and consideration of the Proposed Decision for final action.

Business and Professions Code § 2960
2960

UNPROFESSIONAL CONDUCT – Enacted 3/30/94
MAXIMUM: Unprofessional conduct involving inappropriate behavior
resulting in substantial harm to patient(s).
Penalty:

Revocation; denial of license or registration.

MINIMUM: Unprofessional conduct involving inappropriate behavior
resulting in minimal or no harm to patient(s).
Penalty:

2960(a)

Depending upon the circumstances, up to 5 year probation,
psychological evaluation and/or therapy if appropriate (2) and
(7), California Psychology Supplemental Examination
(CPSE) (8), and standard terms and conditions (15-29)

CONVICTION OF A CRIME SUBSTANTIALLY RELATED TO THE
PRACTICE OF PSYCHOLOGY - Enacted 1/1/67 for convictions
involving moral turpitude. Amended 1/1/76 for convictions
substantially related to the practice of psychology.

MAXIMUM: Conviction of a crime of violence against a person or property
or economic crime resulting in substantial harm to patient(s).

3

313

Disciplinary Guidelines

he

DISCIPLINARY GUIDELINES

BOARD OF PSYCHOLOGY

Penalty:

Revocation; denial of license or registration application.

2960

MINIMUM: Conviction of other crime resulting in minimal or no harm to
patient(s).
Penalty:

2960(b)

5 year probation, billing monitor (if financial crime) (4), therapy
(7), CPSE (8), restitution (if appropriate) (9), community
service (14), and standard terms and conditions (15-29).

USE OF CONTROLLED SUBSTANCE OR ALCOHOL IN A
DANGEROUS MANNER

MAXIMUM: Abuse of alcohol or a controlled substance resulting in
substantial harm to patient(s).
Penalty:

Revocation; denial of license or registration application.

MINIMUM: Abuse of alcohol or a controlled substance to the extent that
ability to safely render psychological services is impaired.
Penalty:

Disciplinary Guidelines

2960(c)

5 year probation, physical examination (if appropriate) (3),
practice monitor (4), psychological evaluation and ongoing
therapy (if appropriate) (2) and (7), participation in an
alcohol/drug abuse treatment program (10) and continuing
therapy with a psychologist trained in substance abuse
treatment (11), abstain from all non-prescribed, controlled
drugs and alcohol/biological fluid testing (12), and standard
terms and conditions (15-29).

2960

2960

FRAUDULENTLY OR NEGLECTFULLY MISREPRESENTING THE
TYPE OR STATUS OF LICENSE OR REGISTRATION ACTUALLY
HELD

MAXIMUM: Misrepresentation of status resulting in substantial harm to
patient(s).
Penalty:

Revocation; denial of license or registration application.

MINIMUM: Misrepresentation of status resulting in minimal or no harm to
patient(s).
Penalty:

5 year probation, community service (14), and standard terms
and conditions (15-29).

4

314

2960

DISCIPLINARY GUIDELINES

2960(d)

o

at

MAXIMUM: Impersonation or use resulting in substantial harm to
patient(s).
Penalty:

MINIMUM: Impersonation or use resulting in minimal or no harm to
patient(s).
Penalty:

2960(e)

2960(f)

m to

rms

5 year probation, psychological evaluation (2), CPSE (8),
community service (14), and standard terms and conditions
(15-29).

PROCURING A LICENSE BY FRAUD OR DECEPTION

Penalty:

d

HE
LY

Revocation; denial of license or registration application.

Revocation is the only suitable penalty inasmuch as the
license would not have been issued but for the fraud or
deception. If the fraud is substantiated prior to issuance of the
license or registration, then denial of the application is the only
suitable penalty.

ACCEPTING REMUNERATION OR PAYING FOR REFERRALS TO
OTHER PROFESSIONALS - Enacted 1/1/68 (formerly subdivision
(e))

MAXIMUM: Accepting substantial remuneration or paying for referrals
resulting in substantial harm to patient(s).
Penalty:

Revocation, denial of license or registration application.

MINIMUM: Accepting remuneration in isolated instances resulting in
minimal or no harm to patient(s).
Penalty:
2960(g)

5 year probation, billing monitor (4), CPSE (8), and standard
terms and conditions (15-29).

VIOLATING SECTION 17500 OF THE BUSINESS AND
PROFESSIONS CODE REGARDING ADVERTISING
Repeated infractions of statute regarding advertising.

5

315

Disciplinary Guidelines

apy

IMPERSONATING ANOTHER PERSON HOLDING A PSYCHOLOGY
LICENSE OR ALLOWING ANOTHER PERSON TO USE HIS OR
HER LICENSE OR REGISTRATION

BOARD OF PSYCHOLOGY

Penalty:
2960(h)

5 year probation, community service (14) and standard terms
and conditions (15-29).

2960

VIOLATION OF CONFIDENTIALITY - Enacted 1/1/68 (formerly
subdivision (g))

MAXIMUM: Unlawfully divulging information resulting in substantial harm
to patient(s).
Penalty:

Revocation, denial of license or registration application.

MINIMUM: Unlawfully divulging information resulting in minimal or no
harm to patient(s).
Penalty:
2960(i)

5 year probation, practice monitor (4), CPSE (8), and standard
terms and conditions (15-29).

VIOLATION OF RULES OF PROFESSIONAL CONDUCT (FOR
EXAMPLE, VIOLATION OF SECTION 1396.1, INTERPERSONAL
RELATIONSHIP) - Enacted 1/1/68 (formerly subdivision (h))

2960

2960

See 2960
2960(j)

GROSS NEGLIGENCE IN THE PRACTICE OF PSYCHOLOGY Enacted 1/1/68 (formerly subdivision (i))

MAXIMUM: Gross negligence resulting in substantial harm to patient(s).

Disciplinary Guidelines

Penalty:

Revocation; denial of license or registration application.

MINIMUM: Gross negligence resulting in minimal or no harm to patient(s).
Penalty:

2960(k)

5 year probation, psychological evaluation prior to resumption
of practice (condition precedent) (2), practice monitor/billing
monitor (4), patient population restriction (if appropriate) (6),
therapy (7), CPSE (8), and standard terms and conditions (1529).

VIOLATING ANY PROVISION OF THIS CHAPTER OR
REGULATIONS DULY ADOPTED THEREUNDER - Enacted 1/1/68
(formerly subdivision (j))
No guidelines. Refer to underlying statute or regulation.

6

316

2960

m

dard

L

).

t(s).

ion
g
),
(15-

/68

2960(l)

AIDING OR ABETTING UNLICENSED PRACTICE

MAXIMUM: Multiple instances of aiding or abetting unlicensed practice,
which results in substantial harm to patient(s).
Penalty:

Revocation; denial of license or registration application.

MINIMUM: Isolated instance of aiding or abetting unlicensed practice
resulting in minimal or no harm to patient(s).
Penalty:
2960(m)

5 year probation, CPSE (8), and standard terms and
conditions (15-29).

DISCIPLINARY ACTION BY ANOTHER STATE AGAINST A
LICENSE OR REGISTRATION
In evaluating the appropriate penalty, identify the comparable
California statute(s) and corresponding penalty(s).

2960(n)

DISHONEST, CORRUPT OR FRAUDULENT ACT - Enacted 1/1/80

MAXIMUM: Dishonest or fraudulent act resulting in substantial harm to
patient(s).
Penalty:

Revocation; denial of license or registration application.

MINIMUM: Dishonest or fraudulent act resulting in minimal or no harm to
patient(s).
Penalty:

5 year probation, psychological evaluation and ongoing
therapy if appropriate (2), billing monitor (4), CPSE (8), full
restitution (9), community service (14) and standard terms and
conditions (15-29).

2960(o); 726 ANY ACT OF SEXUAL ABUSE, OR SEXUAL RELATIONS
WITH
A PATIENT OR FORMER PATIENT WITHIN TWO YEARS
FOLLOWING TERMINATION OF THERAPY, OR SEXUAL
MISCONDUCT THAT IS SUBSTANTIALLY RELATED TO THE
QUALIFICATIONS, FUNCTIONS OR DUTIES OF A
PSYCHOLOGIST OR PSYCHOLOGICAL ASSISTANT OR
REGISTERED PSYCHOLOGIST.
When a finding of sexual misconduct occurs, revocation or
7

317

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ms

DISCIPLINARY GUIDELINES

BOARD OF PSYCHOLOGY

surrender of license/registration and/or denial of application for
license or registration MUST be the penalty ordered. NO
MINIMUM PENALTY.
NOTE: Business and Professions Code Section 2960.1 states:
Notwithstanding Section 2960, any proposed decision or decision
issued under this chapter in accordance with the procedures set
forth in Chapter 5 (commencing with Section 11500) of Part 1 of
Division 3 of Title 2 of the Government Code, that contains any
finding of fact that the licensee or registrant engaged in any acts of
sexual contact, as defined in Section 728, when that act is with a
patient, or with a former patient within two years following
termination of therapy, shall contain an order of revocation. The
revocation shall not be stayed by the administrative law judge.
2960(p)

FUNCTIONING OUTSIDE FIELD(S) OF COMPETENCE - Enacted
1/1/83 (Renumbered 1/1/93. Formerly subdivision (o))

MAXIMUM: Functioning outside field(s) of competence resulting in
substantial harm to patient(s).
Penalty:

Revocation; denial of license or registration application.

MINIMUM: Functioning outside field(s) of competence resulting in minimal
or no harm to patient(s).
Penalty:

Disciplinary Guidelines

2960(q)

WILLFUL FAILURE TO VERIFY AN APPLICANT'S SUPERVISED
EXPERIENCE (Renumbered 1/1/93. Formerly subdivision (p))

Penalty:
2960(r)

5 year probation, practice monitor (4), patient population
restriction (6), CPSE (8), and standard terms and conditions
(15-29).

5 year probation and standard terms and conditions (15-29).

REPEATED NEGLIGENT ACTS - Enacted 3/30/94

MAXIMUM: Repeated negligent acts resulting in substantial harm to
patient(s).
Penalty:

Revocation; denial of license or registration application.

MINIMUM: Repeated negligent acts resulting in minimal or no harm to
patient(s).
8

318

r

:
ion
et
of
y
ts of
ha

DISCIPLINARY GUIDELINES

Penalty:

Depending on the circumstances, up to 5 year probation,
psychological evaluation prior to resumption of practice
(condition precedent) (2), practice monitor (4), CPSE (8), and
standard terms and conditions (15-29).

he

ed

imal

Disciplinary Guidelines

ns

D

9).

9

319

BOARD OF PSYCHOLOGY

TERMS AND CONDITIONS OF PROBATION
Terms and conditions of probation are divided into two categories. The first
category consists of optional terms and conditions that may be appropriate as
demonstrated in the Penalty Guidelines depending on the nature and
circumstances of each particular case. The second category consists of the
standard terms and conditions, which must appear in all Proposed Decisions
and proposed stipulated agreements.
To enhance the clarity of a Proposed Decision or Stipulation, the Board requests
that all optional conditions (1-14) that are being imposed be listed first in
sequence followed immediately by all of the standard terms and conditions, which
include cost recovery (15-29).

Liste
be in

1. A

A
p
D
c

2. P

W
t
u
n
R
B
r
p
B
p
a

Disciplinary Guidelines

I
u
c
s
a
t
w

I
t
s
d
p
p
s
p
p
p
10

320

DISCIPLINARY GUIDELINES

OPTIONAL TERMS AND CONDITIONS

ns

ests

hich

1. Actual Suspension
As part of probation, respondent is suspended from the practice of
psychology for
days beginning with the effective date of this
Decision. During the suspension, any probation period is tolled and will not
commence again until the suspension is completed.
2. Psychological Evaluation
Within 90 days of the effective date of this Decision and on a periodic basis
thereafter as may be required by the Board or its designee, respondent shall
undergo a psychological evaluation (and psychological testing, if deemed
necessary) by a Board-appointed California-licensed psychologist.
Respondent shall sign a release that authorizes the evaluator to furnish the
Board a current DSM IV diagnosis and a written report regarding the
respondent's judgement and/or ability to function independently as a
psychologist with safety to the public, and whatever other information the
Board deems relevant to the case. The completed evaluation is the sole
property of the Board. The evaluation should not be disclosed to anyone not
authorized by the board or by court order.
If the Board concludes from the results of the evaluation that respondent is
unable to practice independently and safely, respondent shall immediately
cease accepting new patients and, in accordance with professional
standards, shall appropriately refer/terminate existing patients within 30 days
and shall not resume practice until a Board-appointed evaluator determines
that respondent is safe to practice. During this suspension period, probation
will be tolled and will not commence again until the suspension is completed.
If ongoing psychotherapy is recommended in the psychological evaluation,
the Board will notify respondent in writing to submit to such therapy and to
select a psychotherapist for approval by the Board or its designee within 30
days of such notification. The therapist shall 1) be a California-licensed
psychologist with a clear and current license; 2) have no previous business,
professional, personal or other relationship with respondent; 3) not be the
same person as respondent's practice or billing monitor. Frequency of
psychotherapy shall be determined upon recommendation of the treating
psychotherapist with approval by the Board or its designee; however,
psychotherapy shall, at a minimum, consist of one one-hour session per
11

321

Disciplinary Guidelines

as

Listed below are optional conditions of probation that the Board would expect to
be included in any Proposed Decision or Stipulation as appropriate.

BOARD OF PSYCHOLOGY

week. Respondent shall continue psychotherapy until released by the
approved psychologist and approved by the Board or its designee. The
Board or its designee may order a re-evaluation upon receipt of the
therapist's recommendation.
Respondent shall execute a release authorizing the therapist to provide to the
Board any information the Board or its designee deems appropriate, including
quarterly reports of respondent's therapeutic progress. Respondent shall
furnish a copy of this Decision to the therapist. If the therapist determines
that the respondent cannot continue to independently render psychological
services, with safety to the public, he/she shall notify the Board immediately.
Respondent shall pay all costs associated with the psychological evaluation
and ongoing psychotherapy. Failure to pay costs will be considered a
violation of the probation order.
NOTE: Psychological evaluations shall be utilized when an offense calls
into question the judgement and/or emotional and/or mental condition of
the respondent or where there has been a history of abuse or dependency
of alcohol or controlled substances. When appropriate, respondent shall
be barred from rendering psychological services under the terms of
probation until he or she has undergone an evaluation, the evaluator has
recommended resumption of practice, and the Board has accepted and
approved the evaluation.
3. Physical Examination

Disciplinary Guidelines

Within 90 days of the effective date of this Decision, respondent shall undergo
a physical examination by a licensed physician and surgeon approved by the
Board. Respondent shall sign a release authorizing the physician to furnish
the Board a report that shall provide an assessment of respondent's physical
condition and capability to safely provide psychological services to the public.
If the evaluating physician determines that respondent’s physical condition
prevents safe practice, respondent shall immediately cease accepting new
patients and, in accordance with professional standards, shall appropriately
refer/terminate existing patients within 30 days and shall not resume practice
until a Board-appointed evaluator determines that respondent is safe to
practice. During this suspension period, probation will be tolled and will not
commence again until the suspension is completed. If the evaluating
physician determines it to be necessary, a recommended treatment program
will be instituted and followed by the respondent with the physician providing
written progress reports to the Board on a quarterly basis or as otherwise
determined by the Board or its designee.

12

322

I
p
R
c

NOT
appr
safe
cond
abus

4. P

W
t
a
T
c
r
t
o

O
b
a
c
t
a
r
w
d
r
o
a

R
c
r
m
c

I
t
w

al
ely.

on

s
f
cy
ll

s

ergo
the
sh
ical
blic.
n
w
ly
tice

ot

am
ing

It shall be the respondent's responsibility to assure that the required quarterly
progress reports are filed by the treating physician in a timely manner.
Respondent shall pay all costs of such examination(s). Failure to pay these
costs shall be considered a violation of probation.
NOTE: This condition permits the Board to require the probationer to obtain
appropriate treatment for physical problems/disabilities that could affect
safe practice of psychology. The physical examination can also be
conducted to ensure that there is no physical evidence of alcohol/drug
abuse.
4. Practice Monitor/Billing Monitor
Within 90 days of the effective date of this Decision, respondent shall submit
to the Board or its designee for prior approval, the name and qualifications of
a psychologist who has agreed to serve as a practice monitor/billing monitor.
The monitor shall 1) be a California-licensed psychologist with a clear and
current license; 2) have no prior business, professional, personal or other
relationship with respondent; and 3) not be the same person as respondent's
therapist. The monitor's education and experience shall be in the same field
of practice as that of the respondent.
Once approved, the monitor shall submit to the Board or its designee a plan
by which respondent's practice shall be monitored. Monitoring shall consist of
a least one hour per week of individual face to face meetings and shall
continue during the entire probationary period. The respondent shall provide
the monitor with a copy of this Decision and access to respondent's fiscal
and/or patient records. Respondent shall obtain any necessary patient
releases to enable the monitor to review records and to make direct contact
with patients. Respondent shall execute a release authorizing the monitor to
divulge any information that the Board may request. It shall be respondent's
responsibility to assure that the monitor submits written reports to the Board
or its designee on a quarterly basis verifying that monitoring has taken place
and providing an evaluation of respondent's performance.
Respondent shall notify all current and potential patients of any term or
condition of probation that will affect their therapy or the confidentiality of their
records (such as this condition, which requires a practice monitor/billing
monitor). Such notifications shall be signed by each patient prior to
continuing or commencing treatment.
If the monitor quits or is otherwise no longer available, respondent shall notify
the Board within 10 days and get approval from the Board for a new monitor
within 30 days. If no new monitor is approved within 30 days, respondent
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323

Disciplinary Guidelines

o the
ding

DISCIPLINARY GUIDELINES

BOARD OF PSYCHOLOGY

shall not practice until a new monitor has been approved by the Board or its
designee. During this period of non-practice, probation will be tolled and will
not commence again until the period of non-practice is completed.
Respondent shall pay all costs associated with this monitoring requirement.
Failure to pay these costs shall be considered a violation of probation.
NOTE: Monitoring shall be utilized when respondent's ability to function
independently is in doubt or when fiscal improprieties have occurred, as a
result of a deficiency in knowledge or skills, or as a result of questionable
judgement.
5. Notification to Employer
Respondent shall provide each of his or her employers, where respondent is
providing psychological services, a copy of this Decision and the Accusation
or Statement of Issues before commencing employment. Notification to the
respondent’s current employer shall occur no later than the effective date of
the Decision. Respondent shall submit, upon request by the Board or its
designee, satisfactory evidence of compliance with this term of probation.
6. Restriction of Patient Population
NOTE: In cases wherein some factor of the patient population at large (e.g.
age, gender) may put a patient at risk if in therapy with the respondent,
language appropriate to the case may be developed to restrict such a
population. The language would vary greatly by case.

q
r
f
t
p
p
r
u
p
n

I
f
r
p
t
r

C

NOT
psyc
freq
exte
and

8. E

Disciplinary Guidelines

C
E

7. Psychotherapy
Within 90 days of the effective date of this Decision, a therapist shall be
selected by the respondent for approval by the Board. The therapist shall 1)
be a California-licensed psychologist with a clear and current license; 2) have
no previous business, professional, personal, or other relationship with
respondent; and 3) not be the same person as respondent's monitor.
Respondent shall furnish a copy of this Decision to the therapist.
Psychotherapy shall, at a minimum, consist of one hour per week over a
period of 52 consecutive weeks after which it may continue or terminate upon
the written recommendation of the therapist with approval by the Board or its
designee. The Board or its designee may order a re-evaluation upon receipt
of the therapist's recommendation.
Respondent shall execute a release authorizing the therapist to provide to the
Board or its designee any information the Board deems appropriate, including
14

324

O

R
d
c
s
a
p
d
n
r
e

nt.

sa
le

t is
on
he
of

e.g.

1)
ave

pon
its
eipt

o the
ding

quarterly reports of respondent's therapeutic progress. It shall be
respondent's responsibility to assure that the required quarterly reports are
filed by the therapist in a timely manner. If the therapist notifies the Board
that the therapist believes the respondent cannot continue to safely render
psychological services, respondent shall immediately cease accepting new
patients and, in accordance with professional standards, shall appropriately
refer/terminate existing patients within 30 days and shall not resume practice
until a Board-appointed evaluator determines that respondent is again safe to
practice. During this period of non-practice, probation shall be tolled and will
not commence again until the period of non-practice is completed.
If, prior to the termination of probation, respondent is found not to be mentally
fit to resume the practice of psychology without restrictions, the Board shall
retain continuing jurisdiction over the respondent’s license and the period of
probation shall be extended until the Board or its designee determines that
the respondent is mentally fit to resume the practice of psychology without
restrictions.
Cost of psychotherapy is to be paid by the respondent.
NOTE: The need for psychotherapy may be determined pursuant to a
psychological evaluation or as evident from the facts of the case. The
frequency of psychotherapy shall be related to the offense involved and the
extent to which the offense calls into question the judgement, motivation,
and emotional and/or mental condition of the respondent.
8. Examination(s)
California Psychology Supplemental Examination (CPSE) Term MUST INCLUDE
Either Option 1 or Option 2:

Option 1 (Condition Subsequent)
Respondent shall take the CPSE within 90 days of the effective date of the
decision. If respondent fails such examination, respondent shall immediately
cease accepting new patients and, in accordance with professional
standards, shall appropriately refer/terminate existing patients within 30 days
and shall not resume practice until the re-examination has been successfully
passed, as evidenced by written notice to respondent from the Board or its
designee. During this period of non-practice, probation shall be tolled and will
not commence again until the suspension is completed. It is respondent's
responsibility to contact the Board in writing to make arrangements for such
examination. Respondent shall pay the established examination fee(s).

15

325

Disciplinary Guidelines

its
will

DISCIPLINARY GUIDELINES

BOARD OF PSYCHOLOGY

Option 2 (Condition Precedent)
Respondent shall not practice psychology until respondent has passed the
CPSE. During this period of non-practice, probation is tolled and will not
commence again until the suspension is completed. It is respondent's
responsibility to contact the Board in writing to make arrangements for such
examination(s). Respondent shall pay the established examination fee(s).
NOTE: In cases involving evidence of serious deficiencies in the body of
knowledge required to be minimally competent to practice independently, it
may be appropriate to require the respondent to take and pass the CPSE
during the course of the probation period. In some instances, it may be
appropriate for practice to be suspended until the examination is passed
(condition precedent).
9. Restitution
Within 90 days of the effective date of this Decision, respondent shall provide
proof to the Board or its designee of restitution in the amount of $
paid to
. Failure to pay restitution shall be considered a
violation of probation. Restitution is to be paid regardless of the tolling of
probation.

Disciplinary Guidelines

NOTE: In offenses involving economic exploitation, restitution is a
necessary term of probation. For example, restitution would be a standard
term in any case involving Medi-Cal or other insurance fraud. The amount
of restitution shall be at a minimum the amount of money that was
fraudulently obtained by the licensee. Evidence relating to the amount of
restitution would have to be introduced at the Administrative hearing.
10. Alcohol and Drug Abuse Treatment Program
Effective 30 days from the date of this Decision, respondent shall enter an
inpatient or outpatient alcohol or other drug abuse recovery program (a
minimum of six (6) months duration) or an equivalent program as approved by
the Board or its designee. Respondent shall provide the Board or its designee
with proof that the approved program was successfully completed.
Terminating the program without permission or being expelled for cause shall
constitute a violation of probation by respondent. All costs associated with
the program shall be paid by respondent.
However, if respondent has already attended such an inpatient or outpatient
alcohol or other drug abuse recovery program, as described above,
commencing with the current period of sobriety, respondent shall provide the
16

326

B
a

11. O

R
T
p
T
d
R
m
A

NOT
addi
othe
prov
acco

12. A

R
c
S
B
r
t
a
a
u
d
p
l
B

D

O
s
p
a
d
m

ch
.

f
y, it
E

d

vide
id to

ard
unt

of

n

d by
gnee

hall
h

ent

the

Board or its designee with proof that the program was successfully completed
and this shall suffice to comply with this term of probation.
11. Ongoing Treatment Program
Respondent shall participate in on-going treatment and/or out-patient
Treatment such as receiving individual and/or group therapy from a
psychologist trained in alcohol and drug abuse treatment; and/or attend
Twelve Step meetings or the equivalent as approved by the Board or its
designee at least once a week during the entire period of probation.
Respondent shall provide documentation of attendance at Twelve Step
meetings or the equivalent on a quarterly basis to the Board or its designee.
All expenses associated with the treatment shall be paid by respondent.
NOTE: Alcohol and other drug abuse treatment shall be required in
addition to other terms of probation in cases where the use of alcohol or
other drugs by respondent has impaired respondent's ability to safely
provide psychological services to patients. This condition must be
accompanied by condition #12.
12. Abstain from Drugs and Alcohol and Submit to Tests and Samples
Respondent shall abstain completely from the personal use or possession of
controlled substances as defined in the California Uniform Controlled
Substances Act, and dangerous drugs as defined by Section 4022 of the
Business and Professions Code, or any drugs requiring a prescription unless
respondent provides the Board or its designee with documentation from the
treating physician and surgeon that the prescription was legitimately issued
and is a necessary part of the treatment of respondent. Respondent shall
abstain completely from the use of alcoholic beverages. Respondent shall
undergo random, biological fluid testing as determined by the Board or its
designee. Any confirmed positive finding will be considered a violation of
probation. Respondent shall pay all costs associated with such testing. The
length of time and frequency of this testing condition will be determined by the
Board or its designee.
Drugs - Exception for Personal Illness
Orders forbidding respondent from personal use or possession of controlled
substances or dangerous drugs do not apply to medications lawfully
prescribed to respondent for a bona fide illness or condition by a physician
and surgeon. Respondent shall provide the Board or its designee with written
documentation from the treating physician and surgeon who prescribed
medication(s).
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e

DISCIPLINARY GUIDELINES

BOARD OF PSYCHOLOGY

NOTE: This condition provides documentation that the probationer is
substance or chemical free. It also provides the Board with a mechanism
through which to require additional laboratory analyses for the presence of
narcotics, alcohol and/or dangerous drugs when the probationer appears to
be in violation of the terms of probation or appears to be under the
influence of mood altering substances.
13. Educational Review
Respondent shall submit to an educational review concerning the
circumstances that resulted in this administrative action. The educational
review shall be conducted by a board-appointed expert familiar with the case.
Educational reviews are informational only and intended to benefit
respondent’s practice. Respondent shall pay all costs associated with this
educational review.
14. Community Service - Free Services
Within 60 days of the effective date of this decision, respondent shall submit
to the Board or its designee for its prior approval a community service
program in which respondent shall provide free psychological services on a
regular basis to community, charitable facility, governmental entity or a nonprofit corporation tax exempt under the Internal Revenue Code for at least
hours a month for the first
months of probation.

Disciplinary Guidelines

NOTE: In addition to other terms of probation, community service work may
be required for relatively minor offenses that do not involve deficiencies in
knowledge, skills or judgement. Community service may be appropriately
combined with restitution or other conditions as a term of probation.

15. C

R
e
m
t
a
r
m
c

W
t
e
r

16. E

W
t
t
c
a
S
d
e
a

17. I

R
i
b
w
a

T
r

18. P

18

328

ase.

s

mit

a
nt

may
s in
ly

STANDARD TERMS AND CONDITIONS
(To be included in all Proposed Decisions and Stipulations)
15. Coursework
Respondent shall take and successfully complete not less than
hours
each year of probation in the following area(s)
. Coursework
must be pre-approved by the Board or its designee. All coursework shall be
taken at the graduate level at an accredited educational institution or by an
approved continuing education provider. Classroom attendance is specifically
required; correspondence or home study coursework shall not count toward
meeting this requirement. The coursework must be in addition to any
continuing education courses that may be required for license renewal.
Within 90 days of the effective date of this Decision, respondent shall submit
to the Board or its designee for its prior approval a plan for meeting the
educational requirements. All costs of the coursework shall be paid by the
respondent.
16. Ethics Course
Within 90 days of the effective date of this Decision, respondent shall submit
to the Board or its designee for prior approval a course in laws and ethics as
they relate to the practice of psychology. Said course must be successfully
completed at an accredited educational institution or through a provider
approved by the Board's accreditation agency for continuing education credit.
Said course must be taken and completed within one year from the effective
date of this Decision. This course must be in addition to any continuing
education courses that may be required for license renewal. The cost
associated with the law and ethics course shall be paid by the respondent.
17. Investigation/Enforcement Cost Recovery
Respondent shall pay to the Board its costs of investigation and enforcement
in the amount of $
within the first year of probation. Such costs shall
be payable to the Board of Psychology and are to be paid regardless of
whether the probation is tolled. Failure to pay such costs shall be considered
a violation of probation.
The filing of bankruptcy by respondent shall not relieve respondent of the
responsibility to repay investigation and enforcement costs.
18. Probation Costs

19

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Disciplinary Guidelines

m
e of
rs to

DISCIPLINARY GUIDELINES

BOARD OF PSYCHOLOGY

Respondent shall pay the costs associated with probation monitoring each
and every year of probation. Such costs shall be payable to the Board of
Psychology at the end of each fiscal year (June 30). Failure to pay such
costs shall be considered a violation of probation. The filing of bankruptcy by
respondent shall not relieve respondent of the responsibility to repay
probation monitoring costs.
Authority: Business and Professions Code Section 2964.6 (effective
1/1/95).
19. Obey All Laws
Respondent shall obey all federal, state, and local laws and all regulations
governing the practice of psychology in California including the ethical
guidelines of the American Psychological Association. A full and detailed
account of any and all violations of law shall be reported by the respondent to
the Board or its designee in writing within seventy-two (72) hours of
occurrence.

m
3
24. T

I
o
p
w
n
e
d
D
r
p
h
H
p
r

25. E

20. Quarterly Reports
Respondent shall submit quarterly declarations under penalty of perjury on
forms provided by the Board or its designee, stating whether there has been
compliance with all the conditions of probation. Quarterly reports attesting to
non-practice status are to be submitted if probation is tolled.
21. Probation Compliance

Disciplinary Guidelines

Respondent shall comply with the Board's probation program and shall, upon
reasonable notice, report to the assigned Board of Psychology probation
monitor. Respondent shall contact the assigned probation monitor regarding
any questions specific to the probation order. Respondent shall not have any
unsolicited or unapproved contact with 1) complainants associated with the
case; 2) Board members or members of its staff; or 3) persons serving the
Board as expert evaluators.
22. Interview with Board or Its Designee
Respondent shall appear in person for interviews with the Board or its
designee upon request at various intervals and with reasonable notice.
23. Changes of Employment
Respondent shall notify the Board in writing, through the assigned probation
20

330

I
s
t
r
t

26. F

I
p
r
d
f
F
r
p

27. V

I
r
c
R

y by

s

nt to

n
en
g to

pon

ing
any
e
e

on

monitor, of any and all changes of employment, location, and address within
30 days of such change.
24. Tolling for Out-of-State Practice, Residence or In-State Non-Practice
In the event respondent should leave California to reside or to practice
outside the State or for any reason should respondent stop practicing
psychology in California, respondent shall notify the Board or its designee in
writing within ten days of the dates of departure and return or the dates of
non-practice within California. Non-practice is defined as any period of time
exceeding thirty days in which respondent is not engaging in any activities
defined in Sections 2902 and 2903 of the Business and Professions Code.
During periods of non-practice, the probationary period is tolled and
respondent’s license or registration shall be placed on inactive status. The
probationary period will not commence again until respondent activates his or
her license and resumes practicing psychology in the state of California.
However, the Board may require respondent to complete certain terms of
probation that are not associated with active practice and respondent will be
required to pay cost recovery and restitution as ordered.
25. Employment and Supervision of Trainees
If respondent is licensed as a psychologist, he/she shall not employ or
supervise or apply to employ or supervise psychological assistants, interns or
trainees during the course of this probation. Any such supervisorial
relationship in existence on the effective date of this probation shall be
terminated by respondent and/or the Board.
26. Future Registration or Licensure
If respondent is registered as a psychological assistant or registered
psychologist and subsequently obtains other psychological assistant or
registered psychologist registrations or becomes licensed as a psychologist
during the course of this probationary order, this Decision shall remain in full
force and effect until the probationary period is successfully terminated.
Future registrations or licensure shall not be approved, however, unless
respondent is currently in compliance with all of the terms and conditions of
probation.
27. Violation of Probation
If respondent violates probation in any respect, the Board may, after giving
respondent notice and the opportunity to be heard, revoke probation and
carry out the disciplinary order that was stayed. If an Accusation or Petition to
Revoke Probation is filed against respondent during probation, the Board
21

331

Disciplinary Guidelines

h

DISCIPLINARY GUIDELINES

BOARD OF PSYCHOLOGY

shall have continuing jurisdiction until the matter is final, and the period of
probation shall be extended until the matter is final. No Petition for
Modification or Termination of Probation shall be considered while there is an
Accusation or Petition to Revoke Probation pending against respondent.
28. Completion of Probation
Upon successful completion of probation, respondent's license shall be fully
restored.

Effec
of th
pros
the p
Effec
the B
requ
mad

29. License Surrender
Following the effective date of this Decision, if respondent ceases practicing due to
retirement, health reasons or is otherwise unable to satisfy the terms and conditions
of probation, respondent may request the voluntary surrender of his or her license
or registration. The Board of Psychology or its designee reserves the right to
evaluate respondent’s request and to exercise its discretion whether or not to grant
the request, or to take any other action deemed appropriate and reasonable under
the circumstances. Upon formal acceptance of the surrender, respondent shall,
within 15 calendar days, deliver respondent’s pocket and/or wall certificate to the
Board or its designee and respondent shall no longer practice psychology.
Respondent will no longer be subject to the terms and conditions of probation and
the surrender of respondent’s license shall be deemed disciplinary action. If
respondent re-applies for a psychology license or registration, the application shall
be treated as a petition for reinstatement of a revoked license or registration.

Disciplinary Guidelines

STANDARD TERMS AND CONDITIONS
(To be included in ALL Stipulations for Surrender or Revocation)
30. Reinstatement and Investigation/Enforcement Cost Recovery
Respondent may not petition for reinstatement of a revoked or surrendered
license/registration for three years from the effective date of this Decision. If
the Board grants future reinstatement, respondent agrees to reimburse the
Board for its costs of investigation and enforcement of this matter in the
amount of $
payable to the Board upon the effective date of
such reinstatement Decision.
31. Relinquish License
Respondent shall relinquish his/her wall and pocket certificate of licensure or
registration to the Board or its designee once this Decision becomes effective
and upon request.
ACCUSATIONS
22

332

The
the c
caus

The
effec
resp
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princ
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Gen
addr
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with

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A

B

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ions
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der

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nd

hall

d
If
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f

e or
ctive

Effective January 1, 1993, the Board received authority pursuant to Section 125.3
of the Business and Professions Code to recover costs of investigation and
prosecution of its cases. The Board requests that cost recovery be included in
the pleading and made part of ALL Accusations.
Effective January 1, 1995, Business and Professions Code Section 2964.6 gives
the Board the authority to recover probation monitoring costs. The Board
requests that probation monitoring cost recovery be included in the pleading and
made part of ALL Accusations.
STATEMENTS OF ISSUES
The Board will file a Statement of Issues to deny an application of a candidate for
the commission of an act, which if committed by a licensee or registrant would be
cause for license or registration discipline.
STIPULATED SETTLEMENTS
The Board will consider agreeing to stipulated settlements to promote cost
effective consumer protection and to expedite disciplinary decisions. The
respondent should be informed that in order to stipulate to a settlement with the
Board, the Board would prefer that respondent admit to one or more of the
principle violations set forth in the Accusation. In stipulated revocations or
surrenders, the Board expects language that would cause respondents to admit
to all charges upon filing future Petitions for Reinstatement. The Deputy Attorney
General must accompany all proposed Stipulations submitted with a memo
addressed to Board members explaining the background of the case, defining the
allegations, mitigating circumstances, admissions and proposed penalty along
with a recommendation.
PROPOSED DECISIONS
The Board requests that Proposed Decisions include the following:
A. Names and addresses of all parties to the action.
B. Specific code section(s) violated with the definition of the code(s) in the
Determination of Issues.
C. Clear description of the acts or omissions which caused the violation.

23

333

Disciplinary Guidelines

s an

DISCIPLINARY GUIDELINES

BOARD OF PSYCHOLOGY

D. Respondent's explanation of the violation(s) in the Findings of Fact if
he/she was present at the hearing.

A. W

E. Description of all evidence of mitigation, rehabilitation and aggravation
presented at the hearing.

B. S
p

F. Explanation of any deviation from the Board's Disciplinary Guidelines.
When a probation order is imposed, the Board requests that the order first list any
combination of the Optional Terms and Conditions (1-13) as they may pertain to
the particular case followed by all of the Standard Terms and Conditions (14-29).

C. C
p

If the respondent fails to appear for his/her scheduled hearing or does not submit
a Notice of Defense form, such inaction shall result in a default decision to revoke
licensure or deny application.
REINSTATEMENT/PENALTY RELIEF HEARINGS
The primary concerns of the Board at reinstatement or penalty relief hearings are
1) the Rehabilitation Criteria for Denials and Reinstatements in California Code of
Regulations, Title 16, section 1395; and 2) the evidence presented by the
petitioner of his/her rehabilitation. The Board will not retry the original revocation
or probation case.
The Board will consider, pursuant to Section 1395, the following criteria of
rehabilitation:

Disciplinary Guidelines

(1)

The nature and severity of the act(s) or crime(s) under consideration as
grounds for denial.

(2)

Evidence of any act(s) committed subsequent to the act(s) or crime(s)
under consideration as grounds for denial which also could be considered
as grounds for denial under section 480 of the Code.

(3)

The time that has elapsed since commission of the act(s) of crime(s)
referred to in subdivision (1) or (2).

(4)

The extent to which the applicant has complied with any terms of parole,
probation, restitution, or any other sanctions lawfully imposed against the
applicant.

(5)

Evidence, if any, of rehabilitation submitted by the applicant.

The Board requests that comprehensive information be elicited from the petitioner
regarding his/her rehabilitation. The petitioner should provide details that include:
24

334

D. If
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A. Why the penalty should be modified or why the license should be reinstated.
B. Specifics of rehabilitative efforts and results which should include programs,
psychotherapy, medical treatment, etc., and the duration of such efforts.
C. Continuing education pertaining to the offense and its effect on the practice of
psychology.
D. If applicable, copies of court documents pertinent to conviction, including
documents specifying conviction and sanctions, and proof of completion of
sanctions.
E. If applicable, copy of Certificate of Rehabilitation or evidence of expungement
proceedings.
F. If applicable, evidence of compliance with and completion of terms of
probation, parole, restitution, or any other sanctions.

tion

In the Petition Decision, the Board requests a summary of the offense and the
specific codes violated that resulted in the revocation, surrender or probation of
the license.

s

If the Board should deny a request for reinstatement of licensure or penalty relief,
the Board requests that the Administrative Law Judge provide technical
assistance in the formulation of language clearly setting forth the reasons for
denial. Such language would include methodologies or approaches that
demonstrate rehabilitation. Petitioners for reinstatement must wait three years
from the effective date of their revocation decisions or one year from the last
petition for reinstatement decisions before filing for reinstatement.

ed

e,
he

If a petitioner fails to appear for his/her scheduled reinstatement or penalty relief
hearing, such inaction shall result in a default decision to deny reinstatement of
the license or registration or reduction of penalty.
#####

oner
ude:
25

335

Disciplinary Guidelines

n

DISCIPLINARY GUIDELINES

INTRODUCT
PREAMBLE

GENERAL PR
Principle A: B
a
Principle B: F
Principle C: I
Principle D: J
Principle E: R
a

Ethical PrinciPlEs
of Psychologists and
codE of conduct
Adopted August 21, 2002
Effective June 1, 2003

Ethics Code
Principles

With the 2010 Amendments
Adopted February 20, 2010
Effective June 1, 2010

ETHICAL STA
1.
Resolv
1.01
Misus
1.02
Confli
Regula
Legal A
1.03
Confli
Organ
1.04
Inform
Violati
1.05
Repor
1.06
Coope
1.07
Impro
1.08
Unfair
Comp
2.
2.01
2.02
2.03
2.04
2.05
2.06
3.
3.01
3.02
3.03
3.04
3.05
3.06
3.07
3.08
3.09

Comp
Bound
Provid
Maint
Bases
Judgm
Delega
Person

3.12

Huma
Unfair
Sexual
Other
Avoidi
Multip
Confli
ThirdExploi
Coope
Profes
Inform
Psycho
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4.
4.01

Privac
Maint

3.10
3.11

Effective June

Copyright © 2010

336

ETHICS CODE PRINCIPLES

Ethical PrinciPlEs of Psychologists
and codE of conduct
CONTENTS
PREAMBLE
GENERAL PRINCIPLES
Principle A: Beneficence
and Nonmaleficence
Principle B: Fidelity and Responsibility
Principle C: Integrity
Principle D: Justice
Principle E: Respect for People’s Rights
and Dignity
ETHICAL STANDARDS
1.
Resolving Ethical Issues
1.01
Misuse of Psychologists’ Work
1.02
Conflicts Between Ethics and Law,
Regulations, or Other Governing
Legal Authority
1.03
Conflicts Between Ethics and
Organizational Demands
1.04
Informal Resolution of Ethical
Violations
1.05
Reporting Ethical Violations
1.06
Cooperating With Ethics Committees
1.07
Improper Complaints
1.08
Unfair Discrimination Against
Complainants and Respondents
2.
2.01
2.02
2.03
2.04
2.05
2.06
3.
3.01
3.02
3.03
3.04
3.05
3.06
3.07
3.08
3.09

Competence
Boundaries of Competence
Providing Services in Emergencies
Maintaining Competence
Bases for Scientific and Professional
Judgments
Delegation of Work to Others
Personal Problems and Conflicts

3.12

Human Relations
Unfair Discrimination
Sexual Harassment
Other Harassment
Avoiding Harm
Multiple Relationships
Conflict of Interest
Third-Party Requests for Services
Exploitative Relationships
Cooperation With Other
Professionals
Informed Consent
Psychological Services Delivered to
or Through Organizations
Interruption of Psychological Services

4.
4.01

Privacy and Confidentiality
Maintaining Confidentiality

3.10
3.11

4.02
4.03
4.04
4.05
4.06
4.07
5.
5.01
5.02
5.03
5.04
5.05
5.06
6.
6.01
6.02
6.03
6.04
6.05
6.06
6.07
7.
7.01
7.02
7.03
7.04
7.05
7.06
7.07
8.
8.01
8.02
8.03

Discussing the Limits of
Confidentiality
Recording
Minimizing Intrusions on Privacy
Disclosures
Consultations
Use of Confidential Information
for Didactic or Other Purposes
Advertising and Other Public
Statements
Avoidance of False or Deceptive
Statements
Statements by Others
Descriptions of Workshops and
Non-Degree-Granting Educational
Programs
Media Presentations
Testimonials
In-Person Solicitation
Record Keeping and Fees
Documentation of Professional
and Scientific Work and
Maintenance of Records
Maintenance, Dissemination,
and Disposal of Confidential Records
of Professional and Scientific Work
Withholding Records for
Nonpayment
Fees and Financial Arrangements
Barter With Clients/Patients
Accuracy in Reports to Payors and
Funding Sources
Referrals and Fees
Education and Training
Design of Education and Training
Programs
Descriptions of Education and
Training Programs
Accuracy in Teaching
Student Disclosure of Personal
Information
Mandatory Individual or Group
Therapy
Assessing Student and Supervisee
Performance
Sexual Relationships With
Students and Supervisees
Research and Publication
Institutional Approval
Informed Consent to Research
Informed Consent for Recording
Voices and Images in Research

8.04
8.05
8.06
8.07
8.08
8.09
8.10
8.11
8.12
8.13
8.14
8.15
9.
9.01
9.02
9.03
9.04
9.05
9.06
9.07
9.08
9.09
9.10
9.11
10.
10.01
10.02
10.03
10.04
10.05
10.06
10.07
10.08
10.09
10.10

Client/Patient, Student, and
Subordinate Research Participants
Dispensing With Informed Consent
for Research
Offering Inducements for Research
Participation
Deception in Research
Debriefing
Humane Care and Use of Animals
in Research
Reporting Research Results
Plagiarism
Publication Credit
Duplicate Publication of Data
Sharing Research Data for Verification
Reviewers
Assessment
Bases for Assessments
Use of Assessments
Informed Consent in Assessments
Release of Test Data
Test Construction
Interpreting Assessment Results
Assessment by Unqualified Persons
Obsolete Tests and Outdated Test
Results
Test Scoring and Interpretation
Services
Explaining Assessment Results
Maintaining Test Security
Therapy
Informed Consent to Therapy
Therapy Involving Couples or
Families
Group Therapy
Providing Therapy to Those Served
by Others
Sexual Intimacies With Current
Therapy Clients/Patients
Sexual Intimacies With Relatives
or Significant Others of Current
Therapy Clients/Patients
Therapy With Former Sexual Partners
Sexual Intimacies With Former
Therapy Clients/Patients
Interruption of Therapy
Terminating Therapy

2010 AMENDMENTS TO THE
2002 “ETHICAL PRINCIPLES Of
PSYCHOLOGISTS AND CODE Of
CONDUCT”

1

Effective June 1, 2003, as amended 2010

Copyright © 2010 by the American Psychological Association. 0003-066X

337

Ethics Code
Principles

INTRODUCTION AND APPLICABILITY

BOARD OF PSYCHOLOGY

INTRODUCTION AND APPLICABILITY

Ethics Code
Principles

The American Psychological Association’s (APA’s)
Ethical Principles of Psychologists and Code of Conduct
(hereinafter referred to as the Ethics Code) consists of an Introduction, a Preamble, five General Principles (A–E), and
specific Ethical Standards. The Introduction discusses the
intent, organization, procedural considerations, and scope of
application of the Ethics Code. The Preamble and General
Principles are aspirational goals to guide psychologists toward
the highest ideals of psychology. Although the Preamble and
General Principles are not themselves enforceable rules, they
should be considered by psychologists in arriving at an ethical
course of action. The Ethical Standards set forth enforceable
rules for conduct as psychologists. Most of the Ethical Standards are written broadly, in order to apply to psychologists in
varied roles, although the application of an Ethical Standard
may vary depending on the context. The Ethical Standards are
not exhaustive. The fact that a given conduct is not specifically
addressed by an Ethical Standard does not mean that it is necessarily either ethical or unethical.
This Ethics Code applies only to psychologists’ activities that are part of their scientific, educational, or professional roles as psychologists. Areas covered include but are
not limited to the clinical, counseling, and school practice of
psychology; research; teaching; supervision of trainees; public service; policy development; social intervention; development of assessment instruments; conducting assessments;
educational counseling; organizational consulting; forensic
activities; program design and evaluation; and administration. This Ethics Code applies to these activities across a variety of contexts, such as in person, postal, telephone, Internet,
and other electronic transmissions. These activities shall be
distinguished from the purely private conduct of psychologists, which is not within the purview of the Ethics Code.
Membership in the APA commits members and student affiliates to comply with the standards of the APA Ethics
Code and to the rules and procedures used to enforce them.
Lack of awareness or misunderstanding of an Ethical Standard
is not itself a defense to a charge of unethical conduct.
The procedures for filing, investigating, and resolving
complaints of unethical conduct are described in the current
Rules and Procedures of the APA Ethics Committee. APA may
impose sanctions on its members for violations of the standards of the Ethics Code, including termination of APA membership, and may notify other bodies and individuals of its
actions. Actions that violate the standards of the Ethics Code
may also lead to the imposition of sanctions on psychologists
or students whether or not they are APA members by bodies
other than APA, including state psychological associations,
other professional groups, psychology boards, other state or
federal agencies, and payors for health services. In addition,
APA may take action against a member after his or her conviction of a felony, expulsion or suspension from an affiliated state
psychological association, or suspension or loss of licensure.
When the sanction to be imposed by APA is less than expulsion, the 2001 Rules and Procedures do not guarantee an op2

portunity for an in-person hearing, but generally provide that
complaints will be resolved only on the basis of a submitted
record.
The Ethics Code is intended to provide guidance for
psychologists and standards of professional conduct that can
be applied by the APA and by other bodies that choose to
adopt them. The Ethics Code is not intended to be a basis of
civil liability. Whether a psychologist has violated the Ethics
Code standards does not by itself determine whether the psychologist is legally liable in a court action, whether a contract
is enforceable, or whether other legal consequences occur.
The modifiers used in some of the standards of this
Ethics Code (e.g., reasonably, appropriate, potentially) are included in the standards when they would (1) allow professional judgment on the part of psychologists, (2) eliminate
injustice or inequality that would occur without the modifier,
(3) ensure applicability across the broad range of activities
conducted by psychologists, or (4) guard against a set of rigid
rules that might be quickly outdated. As used in this Ethics
Code, the term reasonable means the prevailing professional
judgment of psychologists engaged in similar activities in similar circumstances, given the knowledge the psychologist had
or should have had at the time.
The American Psychological Association’s Council of Representatives adopted this version of the APA Ethics Code during its meeting on August 21,
2002. The Code became effective on June 1, 2003. The Council of Representatives amended this version of the Ethics Code on February 20, 2010. The
amendments became effective on June 1, 2010 (see p. 15 of this pamphlet).
Inquiries concerning the substance or interpretation of the APA Ethics Code
should be addressed to the Director, Office of Ethics, American Psychological Association, 750 First Street, NE, Washington, DC 20002-4242. The
Ethics Code and information regarding the Code can be found on the APA
website, http://www.apa.org/ethics. The standards in this Ethics Code will
be used to adjudicate complaints brought concerning alleged conduct occurring on or after the effective date. Complaints will be adjudicated on the basis
of the version of the Ethics Code that was in effect at the time the conduct
occurred.
The APA has previously published its Ethics Code as follows:
American Psychological Association. (1953). Ethical standards of psychologists. Washington, DC: Author.
American Psychological Association. (1959). Ethical standards of psychologists. American Psychologist, 14, 279–282.
American Psychological Association. (1963). Ethical standards of psychologists. American Psychologist, 18, 56–60.
American Psychological Association. (1968). Ethical standards of psychologists. American Psychologist, 23, 357–361.
American Psychological Association. (1977, March). Ethical standards of
psychologists. APA Monitor, 22–23.
American Psychological Association. (1979). Ethical standards of psychologists. Washington, DC: Author.
American Psychological Association. (1981). Ethical principles of psychologists. American Psychologist, 36, 633–638.
American Psychological Association. (1990). Ethical principles of psychologists (Amended June 2, 1989). American Psychologist, 45, 390–395.
American Psychological Association. (1992). Ethical principles of psychologists and code of conduct. American Psychologist, 47, 1597–1611.
American Psychological Association. (2002). Ethical principles of psychologists and code of conduct. American Psychologist, 57, 1060-1073.
Request copies of the APA’s Ethical Principles of Psychologists and Code
of Conduct from the APA Order Department, 750 First Street, NE, Washington, DC 20002-4242, or phone (202) 336-5510.

Introduction and Applicability

Effective June 1, 2003, as amended 2010

338

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In the process of making decisions regarding their
professional behavior, psychologists must consider this Ethics Code in addition to applicable laws and psychology board
regulations. In applying the Ethics Code to their professional
work, psychologists may consider other materials and guidelines that have been adopted or endorsed by scientific and
professional psychological organizations and the dictates of
their own conscience, as well as consult with others within
the field. If this Ethics Code establishes a higher standard of
conduct than is required by law, psychologists must meet the
higher ethical standard. If psychologists’ ethical responsibilities conflict with law, regulations, or other governing legal
authority, psychologists make known their commitment to
this Ethics Code and take steps to resolve the conflict in a responsible manner in keeping with basic principles of human
rights.

Principle A: Beneficence and Nonmaleficence

PREAMBLE

Principle B: fidelity and Responsibility

cal standards of

Psychologists are committed to increasing scientific
and professional knowledge of behavior and people’s understanding of themselves and others and to the use of such
knowledge to improve the condition of individuals, organizations, and society. Psychologists respect and protect civil
and human rights and the central importance of freedom of
inquiry and expression in research, teaching, and publication.
They strive to help the public in developing informed judgments and choices concerning human behavior. In doing so,
they perform many roles, such as researcher, educator, diagnostician, therapist, supervisor, consultant, administrator, social interventionist, and expert witness. This Ethics Code provides a common set of principles and standards upon which
psychologists build their professional and scientific work.
This Ethics Code is intended to provide specific standards to cover most situations encountered by psychologists.
It has as its goals the welfare and protection of the individuals
and groups with whom psychologists work and the education
of members, students, and the public regarding ethical standards of the discipline.
The development of a dynamic set of ethical standards
for psychologists’ work-related conduct requires a personal
commitment and lifelong effort to act ethically; to encourage ethical behavior by students, supervisees, employees,
and colleagues; and to consult with others concerning ethical
problems.

ards of psycholo-

GENERAL PRINCIPLES

ples of psycholo-

This section consists of General Principles. General
Principles, as opposed to Ethical Standards, are aspirational
in nature. Their intent is to guide and inspire psychologists toward the very highest ethical ideals of the profession. General
Principles, in contrast to Ethical Standards, do not represent
obligations and should not form the basis for imposing sanctions. Relying upon General Principles for either of these reasons distorts both their meaning and purpose.

presentatives adng on August 21,
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amended 2010

Psychologists strive to benefit those with whom they
work and take care to do no harm. In their professional actions, psychologists seek to safeguard the welfare and rights
of those with whom they interact professionally and other affected persons, and the welfare of animal subjects of research.
When conflicts occur among psychologists’ obligations or
concerns, they attempt to resolve these conflicts in a responsible fashion that avoids or minimizes harm. Because psychologists’ scientific and professional judgments and actions may
affect the lives of others, they are alert to and guard against
personal, financial, social, organizational, or political factors
that might lead to misuse of their influence. Psychologists
strive to be aware of the possible effect of their own physical
and mental health on their ability to help those with whom
they work.
Psychologists establish relationships of trust with
those with whom they work. They are aware of their professional and scientific responsibilities to society and to the specific communities in which they work. Psychologists uphold
professional standards of conduct, clarify their professional
roles and obligations, accept appropriate responsibility for
their behavior, and seek to manage conflicts of interest that
could lead to exploitation or harm. Psychologists consult
with, refer to, or cooperate with other professionals and institutions to the extent needed to serve the best interests of
those with whom they work. They are concerned about the
ethical compliance of their colleagues’ scientific and professional conduct. Psychologists strive to contribute a portion
of their professional time for little or no compensation or personal advantage.

Principle C: Integrity
Psychologists seek to promote accuracy, honesty, and
truthfulness in the science, teaching, and practice of psychology. In these activities psychologists do not steal, cheat, or engage in fraud, subterfuge, or intentional misrepresentation of
fact. Psychologists strive to keep their promises and to avoid
unwise or unclear commitments. In situations in which deception may be ethically justifiable to maximize benefits and
minimize harm, psychologists have a serious obligation to
consider the need for, the possible consequences of, and their
responsibility to correct any resulting mistrust or other harmful effects that arise from the use of such techniques.

Principle D: Justice
Psychologists recognize that fairness and justice entitle all persons to access to and benefit from the contributions of psychology and to equal quality in the processes,
procedures, and services being conducted by psychologists.
Psychologists exercise reasonable judgment and take precautions to ensure that their potential biases, the boundaries of

Effective June 1, 2003, as amended 2010

Preamble–Principle D

339

3

Ethics Code
Principles

provide that
f a submitted

ETHICS CODE PRINCIPLES

BOARD OF PSYCHOLOGY

their competence, and the limitations of their expertise do
not lead to or condone unjust practices.

Principle E: Respect for People’s Rights
and Dignity
Psychologists respect the dignity and worth of all people, and the rights of individuals to privacy, confidentiality,
and self-determination. Psychologists are aware that special
safeguards may be necessary to protect the rights and welfare
of persons or communities whose vulnerabilities impair autonomous decision making. Psychologists are aware of and
respect cultural, individual, and role differences, including
those based on age, gender, gender identity, race, ethnicity,
culture, national origin, religion, sexual orientation, disability,
language, and socioeconomic status, and consider these factors when working with members of such groups. Psychologists try to eliminate the effect on their work of biases based
on those factors, and they do not knowingly participate in or
condone activities of others based upon such prejudices.

ETHICAL STANDARDS
1.
Resolving Ethical Issues
1.01 Misuse of Psychologists’ Work
If psychologists learn of misuse or misrepresentation
of their work, they take reasonable steps to correct or minimize the misuse or misrepresentation.

1.02 conflicts Between Ethics and law,
regulations, or other governing
legal authority

Ethics Code
Principles

If psychologists’ ethical responsibilities conflict with
law, regulations, or other governing legal authority, psychologists clarify the nature of the conflict, make known their
commitment to the Ethics Code, and take reasonable steps
to resolve the conflict consistent with the General Principles
and Ethical Standards of the Ethics Code. Under no circumstances may this standard be used to justify or defend violating human rights.

1.03 conflicts Between Ethics
and organizational demands
If the demands of an organization with which psychologists are affiliated or for whom they are working are in
conflict with this Ethics Code, psychologists clarify the nature
of the conflict, make known their commitment to the Ethics
Code, and take reasonable steps to resolve the conflict consistent with the General Principles and Ethical Standards of the
Ethics Code. Under no circumstances may this standard be
used to justify or defend violating human rights.

1.04 informal resolution of Ethical Violations
When psychologists believe that there may have been
an ethical violation by another psychologist, they attempt to
resolve the issue by bringing it to the attention of that indi4

vidual, if an informal resolution appears appropriate and the
intervention does not violate any confidentiality rights that
may be involved. (See also Standards 1.02, Conflicts Between
Ethics and Law, Regulations, or Other Governing Legal Authority, and 1.03, Conflicts Between Ethics and Organizational Demands.)

1.05 reporting Ethical Violations
If an apparent ethical violation has substantially
harmed or is likely to substantially harm a person or organization and is not appropriate for informal resolution under
Standard 1.04, Informal Resolution of Ethical Violations, or
is not resolved properly in that fashion, psychologists take
further action appropriate to the situation. Such action might
include referral to state or national committees on professional ethics, to state licensing boards, or to the appropriate
institutional authorities. This standard does not apply when
an intervention would violate confidentiality rights or when
psychologists have been retained to review the work of another psychologist whose professional conduct is in question.
(See also Standard 1.02, Conflicts Between Ethics and Law,
Regulations, or Other Governing Legal Authority.)

1.06 cooperating With Ethics committees
Psychologists cooperate in ethics investigations, proceedings, and resulting requirements of the APA or any affiliated state psychological association to which they belong.
In doing so, they address any confidentiality issues. Failure
to cooperate is itself an ethics violation. However, making a
request for deferment of adjudication of an ethics complaint
pending the outcome of litigation does not alone constitute
noncooperation.

1.07 improper complaints
Psychologists do not file or encourage the filing of
ethics complaints that are made with reckless disregard for or
willful ignorance of facts that would disprove the allegation.

1.08 unfair discrimination against complainants
and respondents

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Psychologists do not deny persons employment, advancement, admissions to academic or other programs, tenure, or promotion, based solely upon their having made or
their being the subject of an ethics complaint. This does not
preclude taking action based upon the outcome of such proceedings or considering other appropria