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2005 California Business and Professions Code Sections 4986-4987 Article 5. Licensed Educational Psychologists
BUSINESS AND PROFESSIONS CODESECTION 4986-4987
4986. Persons licensed under this article by the board may practice pursuant to this article. 4986.10. (a) A licensed educational psychologist shall be authorized to perform any of the following professional functions pertaining to academic learning processes or the educational system or both: (1) Educational evaluation, diagnosis, and test interpretation limited to assessment of academic ability, learning patterns, achievement, motivation, and personality factors directly related to academic learning problems. (2) Counseling services for children or adults for amelioration of academic learning problems. (3) Educational consultation, research, and direct educational services. (b) It is unlawful for any person to engage in the practice of educational psychology unless he or she holds a valid, unexpired, and unrevoked license under this article. 4986.20. A person who desires a license under this article shall meet all of the following qualifications: (a) He or she shall possess at least a master's degree in psychology, educational psychology, school psychology, or counseling and guidance, or a degree deemed equivalent by the board under regulations duly adopted under this article. This degree or training shall be obtained from educational institutions approved by the board according to the regulations duly adopted under this article. (b) He or she shall be at least 18 years of age. (c) He or she shall not have committed any acts or crimes constituting grounds for denial of licensure under Section 480. The board shall not issue a registration or license to any person who has been convicted of any crime in this or any other state or in a territory of the United States that involves sexual abuse of children or who is required to register pursuant to Section 290 of the Penal Code or the equivalent in another state or territory. (d) He or she shall have successfully completed 60 semester hours of postgraduate work devoted to pupil personnel services or have experience deemed equivalent by the board in regulations duly adopted under this chapter. (e) He or she shall furnish proof of three years of full-time experience as a credentialed school psychologist in the public schools or experience which the board deems equivalent. If the applicant provides proof of having completed one year's internship working full time as a school psychologist intern in the public schools in an accredited internship program, one year's experience shall be credited toward this requirement. (f) He or she shall be examined by the board with respect to the professional functions authorized by this article. (g) He or she shall have at least one year of supervised professional experience in an accredited school psychology program, or under the direction of a licensed psychologist, or a suitable alternative experience as determined by the board in regulations duly adopted under this chapter. 4986.21. (a) Only individuals who have the qualifications prescribed by the board under this chapter are eligible to take the examination. Every applicant who is issued a license as an educational psychologist shall be examined by the board. (b) Notwithstanding any other provision of law, the board may destroy all examination materials two years following the date of an examination. 4986.30. The board may, in its discretion, provide for a continuing education program in connection with the professional functions and courses described in this article. 4986.40. The board shall issue an educational psychologist license to all applicants who meet the requirements of this article and who pay the board the fees required by this chapter. 4986.41. A licensee shall display his or her license in a conspicuous place in the licensee's primary place of practice. 4986.42. (a) Licenses issued under this chapter shall expire no later than 24 months after the issue date. The expiration date of the original license shall be set by the board. (b) To renew an unexpired license, the licensee shall, on or before the expiration date of the license, do the following: (1) Apply for a renewal on a form prescribed by the board. (2) Pay a two-year renewal fee prescribed by the board. (3) Notify the board of whether he or she has been convicted, as defined in Section 490, of any misdemeanor or felony, or whether any disciplinary action has been taken by any regulatory or licensing board in this or any other state, subsequent to the licensee's last renewal. 4986.43. A license that has expired may be renewed at any time within five years after its expiration on filing an application for renewal on a form prescribed by the board and payment of the renewal fee in effect on the last regular renewal date. If the license is renewed after its expiration, the licensee shall, prior to renewal, pay the delinquency fee prescribed by this chapter. 4986.44. A suspended license is subject to expiration and shall be renewed as provided in this article. A person with a suspended license shall not, until the reinstatement of his or her license, engage in any activity to which the license relates, or any other activity or conduct in violation of the order or judgment by which the license was suspended. 4986.45. A revoked license is subject to expiration as provided in this article and shall not be renewed. Upon reinstatement of a license after its expiration, a licensee shall, prior to reinstatement, pay a reinstatement fee in an amount equal to the renewal fee in effect on the last regular renewal date before the date on which it is reinstated and any delinquency fee which may have accrued. 4986.46. A license that is not renewed within five years after its expiration may not be renewed, restored, reinstated, or reissued thereafter. A licensee may apply for and obtain a new license if he or she satisfies the following: (a) No fact, circumstance, or condition exists that, if the license were issued, would justify its revocation or suspension. (b) He or she pays the fees that would be required if he or she were applying for a license for the first time. (c) He or she takes and passes the current licensing examination. 4986.47. A licensee shall give written notice to the board of a name change within 30 days after each change, providing both the old and new names. A copy of the legal document affecting the name change, such as a court order or marriage certificate, shall be submitted with the notice. 4986.50. It is unlawful for any person to use any title or letters which imply that he or she is a licensed educational psychologist unless at the time of so doing he or she holds a valid, unexpired and unrevoked license issued under this article. 4986.70. The board may refuse to issue a license or may suspend or revoke the license of any licensee if he or she has been guilty of unprofessional conduct that has endangered or is likely to endanger the health, welfare, or safety of the public. Unprofessional conduct includes, but is not limited to, the following: (a) Conviction of a crime substantially related to the qualifications, functions and duties of an educational psychologist, the record of conviction being conclusive evidence thereof. (b) Securing a license by fraud or deceit. (c) Using any narcotic as defined in Division 10 (commencing with Section 11000) of the Health and Safety Code or any hypnotic drug or alcoholic beverage to an extent or in a manner dangerous to himself or herself, or to any other person, or to the public and to an extent that the action impairs his or her ability to perform his or her work as a licensed educational psychologist with safety to the public. (d) Improper advertising. (e) Violating or conspiring to violate the terms of this article. (f) Committing a dishonest or fraudulent act as a licensed educational psychologist resulting in substantial injury to another. (g) Denial of licensure, revocation, suspension, restriction, or any other disciplinary action imposed by another state or territory or possession of the United States, or by any other governmental agency, on a license, certificate, or registration to practice educational psychology or any other healing art, shall constitute unprofessional conduct. A certified copy of the disciplinary action, decision, or judgment shall be conclusive evidence of that action. (h) Revocation, suspension, or restriction by the board of a license, certificate, or registration to practice as a clinical social worker or marriage and family therapist shall constitute grounds for disciplinary action for unprofessional conduct against the licensee or registrant under this chapter. (i) Failure to keep records consistent with sound clinical judgment, the standards of the profession, and the nature of the services being rendered. (j) Gross negligence or incompetence in the performance of licensed educational psychology. 4986.71. The board shall revoke any license issued under this chapter upon a decision made 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 engaged in any act of sexual contact, as defined in Section 729, when that act is with a patient, or with a former patient when the relationship was terminated primarily for the purpose of engaging in that act, shall contain an order of revocation. The revocation shall not be stayed by the administrative law judge or the board. 4986.75. The board may refuse to issue any 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 pursuant to this section. 4986.80. The amount of the fees prescribed by this chapter that relate to the licensing of educational psychologists is that established by the following schedule: (a) Persons applying for an original license after July 1, 1986, shall pay an application fee of one hundred dollars ($100). (b) The fee for issuance of the initial license shall be a maximum of one hundred fifty dollars ($150). (c) Persons whose license expires after January 1, 1991, shall pay a renewal fee of a maximum of one hundred fifty dollars ($150). (d) The delinquency fee shall be seventy-five dollars ($75). A person who permits his or her license to become delinquent may have it restored only upon the payment of all fees that he or she would have paid if the license had not become delinquent, plus the payment of any and all delinquency fees. (e) The written examination fee shall be one hundred dollars ($100). Applicants failing to appear for an examination, once having been scheduled, shall forfeit any examination fees paid. (f) The fee for each reexamination shall be the fee for each examination specified in subdivision (e). An applicant who has failed the written examination may within one year from the notification date of failure, retake that examination as regularly scheduled without further application. Thereafter, the applicant shall not be eligible for further examination until he or she files a new application, meets all current requirements, and pays all fees required. Persons failing to appear for reexamination, once having been scheduled, shall forfeit any reexamination fees paid. (g) The fee for rescoring a written examination shall be twenty dollars ($20). (h) The fee for issuance of a replacement registration, license, or certificate shall be twenty dollars ($20). (i) The fee for issuance of a certificate or letter of good standing shall be twenty-five dollars ($25). With regard to all license, examination, and other fees, the board shall establish fee amounts at or below the maximum amounts specified in this chapter. 4986.81. Any person who violates any of the provisions of this article is guilty of a misdemeanor. 4986.82. A licensed educational psychologist may apply to the board to request that his or her license be placed on inactive status. Licensees who hold an inactive license shall pay a biennial fee of half of the active renewal fee. Licensees shall be subject to this chapter and shall not engage in the practice of educational psychology in this state. Licensees on inactive status who have not committed any acts or crimes constituting grounds for denial of licensure may, upon their request, have their license to practice educational psychology placed on active status. Licensees requesting their license be placed on active status between renewal cycles shall pay the remaining half of their renewal fee. 4986.90. In addition to other proceedings provided for in this article, whenever any person has engaged, or is about to engage in any acts or practices which constitute, or will constitute, an offense against this article, the superior court in and for the county wherein the acts or practices take place, or are about to take place, may issue an injunction, or other appropriate order, restraining that conduct on application of the board, the Attorney General, or the district attorney of the county. The proceedings under this section shall be governed by Chapter 3 (commencing with Section 525) of Title 7 of Part 2 of the Code of Civil Procedure. 4987. The board may, by rules or regulations, adopt, amend or repeal rules of professional conduct appropriate to the establishment and maintenance of a high standard of integrity and dignity in the profession, provided those rules or regulations are not inconsistent with Section 4986.70. Every person licensed under this article shall be governed by those rules of professional conduct.
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