ARTICLE 1. Administration [4990. - 4990.26.3.]

Cal. Business and Professions Code - BPC 1.
in effect

Cal. Business and Professions Code - BPC § 4990. Section 4990.

(a) There is in the Department of Consumer Affairs, a Board of Behavioral Sciences that consists of the following members: (1) Two state licensed clinical social workers. (2) One state licensed educational psychologist. (3) Two state licensed marriage and family therapists. (4) One state licensed professional clinical counselor. (5) Seven public members. (b) Each member, except the seven public members, shall have at least two years of experience in their profession. (c) Each member shall reside in the State of California. (d) The Governor shall appoint five of the public members and the six licensed members with the advice and consent of the Senate. The Senate Committee on Rules and the Speaker of the Assembly shall each appoint a public member. (e) Each member of the board shall be appointed for a term of four years. A member appointed by the Senate Committee on Rules or the Speaker of the Assembly shall hold office until the appointment and qualification of their successor or until one year from the expiration date of the term for which they were appointed, whichever first occurs. Pursuant to Section 1774 of the Government Code, a member appointed by the Governor shall hold office until the appointment and qualification of their successor or until 60 days from the expiration date of the term for which they were appointed, whichever first occurs. (f) A vacancy on the board shall be filled by appointment for the unexpired term by the authority who appointed the member whose membership was vacated. (g) Not later than the first of June of each calendar year, the board shall elect a chairperson and a vice chairperson from its membership. (h) Each member of the board shall receive a per diem and reimbursement of expenses as provided in Section 103. (i) This section shall remain in effect only until January 1, 2030, and as of that date is repealed.

Cal. Business and Professions Code - BPC § 4990.02. Section 4990.02.

“Board,” as used in this chapter, Chapter 13 (commencing with Section 4980), Chapter 13.5 (commencing with Section 4989.10), Chapter 14 (commencing with Section 4991), and Chapter 16 (commencing with Section 4999.10) means the Board of Behavioral Sciences.

Cal. Business and Professions Code - BPC § 4990.04. Section 4990.04.

(a) The board shall appoint an executive officer. This position is designated as a confidential position and is exempt from civil service under subdivision (e) of Section 4 of Article VII of the California Constitution. (b) The executive officer serves at the pleasure of the board. (c) The executive officer shall exercise the powers and perform the duties delegated by the board and vested in them by this chapter. (d) With the approval of the director, the board shall fix the salary of the executive officer. (e) The chairperson and executive officer may call meetings of the board and any duly appointed committee at a specified time and place. For purposes of this section, “call meetings” means setting the agenda, time, date, or place for any meeting of the board or any committee. (f) This section shall remain in effect only until January 1, 2030, and as of that date is repealed.

Cal. Business and Professions Code - BPC § 4990.06. Section 4990.06.

Subject to the State Civil Service Act (Part 2 (commencing with Section 18500) of Division 5 of Title 2 of the Government Code) and except as provided by Sections 155, 156, and 159.5, the board may employ any clerical, technical, and other personnel as it deems necessary to carry out the provisions of this chapter and the other chapters it administers and enforces, within budget limitations.

Cal. Business and Professions Code - BPC § 4990.07. Section 4990.07.

(a) An applicant, registrant, or licensee who has an electronic mail address shall provide the board with that electronic mail address no later than July 1, 2022. The electronic mail address shall be considered confidential and not subject to public disclosure. (b) An applicant, registrant, and licensee shall provide to the board any and all changes to their electronic mail address no later than 30 calendar days after the changes have occurred. (c) The board shall, with each renewal application, remind licensees and registrants of their obligation to report and keep current their electronic mail address with the board.

Cal. Business and Professions Code - BPC § 4990.09. Section 4990.09.

The board shall not publish on the Internet the final determination of a citation and fine of one thousand five hundred dollars ($1,500) or less issued against a licensee or registrant pursuant to Section 125.9 for a period of time in excess of five years from the date of issuance of the citation.

Cal. Business and Professions Code - BPC § 4990.10. Section 4990.10.

The board may conduct research in, and make studies of problems involved in, the maintaining of professional standards among those engaged in the professions it licenses and may publish its recommendations thereon.

Cal. Business and Professions Code - BPC § 4990.12. Section 4990.12.

The duty of administering and enforcing this chapter, Chapter 13 (commencing with Section 4980), Chapter 13.5 (commencing with Section 4989.10), Chapter 14 (commencing with Section 4991), and Chapter 16 (commencing with Section 4999.10) is vested in the board and the executive officer subject to, and under the direction of, the board. In the performance of this duty, the board and the executive officer have all the powers and are subject to all the responsibilities vested in, and imposed upon, the head of a department by Chapter 2 (commencing with Section 11150) of Part 1 of Division 3 of Title 2 of the Government Code.

Cal. Business and Professions Code - BPC § 4990.13. Section 4990.13.

For purposes of license and registration verification, a person may rely upon the licensing and registration information as it is displayed on the board’s internet website that includes the issuance and expiration dates of any license or registration issued by the board.

Cal. Business and Professions Code - BPC § 4990.16. Section 4990.16.

Protection of the public shall be the highest priority for the board in exercising its licensing, regulatory, and disciplinary functions. Whenever the protection of the public is inconsistent with other interests sought to be promoted, the protection of the public shall be paramount.

Cal. Business and Professions Code - BPC § 4990.18. Section 4990.18.

It is the intent of the Legislature that the board employ its resources for each and all of the following functions: (a) The licensure of marriage and family therapists, clinical social workers, professional clinical counselors, and educational psychologists. (b) The development and administration of licensure examinations and examination procedures consistent with prevailing standards for the validation and use of licensing and certification tests. Examinations shall measure knowledge and abilities demonstrably important to the safe, effective practice of the profession. (c) Enforcement of laws designed to protect the public from incompetent, unethical, or unprofessional practitioners. (d) Consumer education.

Cal. Business and Professions Code - BPC § 4990.20. Section 4990.20.

(a) The board may adopt rules and regulations as necessary to administer and enforce the provisions of this chapter and the other chapters it administers and enforces. The adoption, amendment, or repeal of those rules and regulations shall be made in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. (b) The board may formulate and enforce rules and regulations requiring the following: (1) That the articles of incorporation or bylaws of a marriage and family therapist corporation, a licensed clinical social worker corporation, or a professional clinical counselor corporation include a provision whereby the capital stock of that corporation owned by a disqualified person, as defined in the Moscone-Knox Professional Corporation Act (Part 4 (commencing with Section 13400) of Division 3 of Title 1 of the Corporations Code), or a deceased person shall be sold to the corporation or to the remaining shareholders of that corporation within the time that the rules and regulations may provide. (2) That a marriage and family therapist corporation, a licensed clinical social worker corporation, or a professional clinical counselor corporation shall provide adequate security by insurance or otherwise for claims against it by its patients arising out of the rendering of professional services.

Cal. Business and Professions Code - BPC § 4990.22. Section 4990.22.

(a) The Behavioral Sciences Fund shall be used for the purposes of carrying out and enforcing the provisions of this chapter and the chapters listed in Section 4990.12. All moneys in the fund shall be expended, upon appropriation of the Legislature, by the board for the purposes of the programs under its jurisdiction. (b) The board shall keep records that reasonably ensure that funds expended in the administration of each licensure or registration category shall bear a reasonable relation to the revenue derived from each category and report to the department no later than May 31 of each year on those expenditures. (c) Surpluses, if any, may be used by the board in a manner that bears a reasonable relation to the revenue derived from each licensure or registration category and may include, but not be limited to, expenditures for education and research related to each of the licensing or registration categories.

Cal. Business and Professions Code - BPC § 4990.26. Section 4990.26.

Wherever “Board of Behavioral Science Examiners,” “Board of Social Work Examiners of the State of California,” or “Social Worker and Marriage Counselor Qualifications Board of the State of California” is used in any law or regulations of this state, it shall mean the Board of Behavioral Sciences.

Cal. Business and Professions Code - BPC § 4990.26.1. Section 4990.26.1.

(a) Any person applying for a license or registration as a marriage and family therapist, clinical social worker, or professional clinical counselor shall, in addition to any other requirements, show by evidence satisfactory to the board that they have completed training in human sexuality as a condition of licensure. (b) “Human sexuality” as used in this section means the study of a human being as a sexual being and how a human being functions with respect thereto. (c) The content and length of the training shall be determined by the board. (d) If the board proposes to establish a training program in human sexuality, the board 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.

Cal. Business and Professions Code - BPC § 4990.26.2. Section 4990.26.2.

(a) 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 that 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. (b) The board shall establish required training in the area of child abuse assessment and reporting for all persons applying for initial licensure and renewal of licensure as a 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. (c) All persons applying for initial licensure or renewal of a license as a 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: (1) Be obtained from one of the following sources: (A) An accredited or approved educational institution, as defined in Sections 4980.36, 4980.37, 4996.18, and 4999.12, including extension courses offered by those institutions. (B) A continuing education provider, as specified by the board by regulation. (C) 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 or accepted by the board. (2) Have a minimum of seven contact hours. (3) 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. (4) An applicant shall provide the board with documentation of completion of the required child abuse training. (d) The board shall exempt an applicant who applies for an exemption from this section and who shows to the satisfaction of the board that there would be no need for the training in the applicant’s practice because of the nature of that practice. (e) It is the intent of the Legislature that a person licensed as a 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 this section, a practitioner is fully trained in the subject of treatment of child, elder, and dependent adult abuse victims and abusers. (f) The board is 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.

Cal. Business and Professions Code - BPC § 4990.26.3. Section 4990.26.3.

(a) The board shall consider adoption of continuing education requirements including training in the area of recognizing chemical dependency and early intervention for all persons applying for renewal of a license as a 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 board is 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.
Source: CA Legislative Counsel Bulk DataURL: https://downloads.leginfo.legislature.ca.gov/pubinfo_2025.zipFetched: 6/27/2026

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