2005 California Business and Professions Code Sections 2960-2969 Article 4. Denial, Suspension and Revocation

BUSINESS AND PROFESSIONS CODE
SECTION 2960-2969

2960.  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.
   (r) Repeated acts of negligence.
2960.05.  (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.
2960.1.  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.
2960.2.  (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.
2960.5.  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.
2960.6.  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.
2961.  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.
2962.  (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 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.
2963.  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.
2964.  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.
2964.3.  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.
2964.5.  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.
2964.6.  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.
2965.  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.
2966.  (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.
   (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.
2969.  (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.
   (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.


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