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AB-2191 Board of Behavioral Sciences.(2015-2016)

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Assembly Bill No. 2191
CHAPTER 458

An act to amend Sections 4990, 4990.04, and 4990.22 of the Business and Professions Code, relating to professions and vocations.

[ Approved by Governor  September 22, 2016. Filed with Secretary of State  September 22, 2016. ]

LEGISLATIVE COUNSEL'S DIGEST


AB 2191, Salas. Board of Behavioral Sciences.
Existing law provides for the licensure and regulation of educational psychologists, clinical social workers, marriage and family therapists, and professional clinical counselors by the Board of Behavioral Sciences within the Department of Consumer Affairs. Existing law specifies the composition of the board and requires the board to employ an executive officer. Existing law repeals these provisions on January 1, 2017. Under existing law, the repeal of the provision establishing the board renders the board subject to review by the appropriate policy committees of the Legislature.
This bill would extend the operation of these provisions until January 1, 2021, and would make nonsubstantive changes.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 4990 of the Business and Professions Code is amended to read:

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 her or his 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 his or her successor or until one year from the expiration date of the term for which she or he was appointed, whichever first occurs. Pursuant to Section 1774 of the Government Code, a member appointed by the Governor shall hold office until the appointment and qualification of her or his successor or until 60 days from the expiration date of the term for which he or she was appointed, whichever first occurs.
(f) A vacancy on the board shall be filled by appointment for the unexpired term by the authority who appointed the member whose membership was vacated.
(g) Not later than the first of June of each calendar year, the board shall elect a chairperson and a vice chairperson from its membership.
(h) Each member of the board shall receive a per diem and reimbursement of expenses as provided in Section 103.
(i) This section shall remain in effect only until January 1, 2021, and as of that date is repealed.
(j) Notwithstanding any other provision of law, the repeal of this section renders the board subject to review by the appropriate policy committees of the Legislature.

SEC. 2.

 Section 4990.04 of the Business and Professions Code is amended to read:

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 her or him 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, 2021, and as of that date is repealed.

SEC. 3.

 Section 4990.22 of the Business and Professions Code is amended to read:

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.