2005 California Business and Professions Code Sections 4986-4987 Article 5. Licensed Educational Psychologists

BUSINESS AND PROFESSIONS CODE
SECTION 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.


Disclaimer: These codes may not be the most recent version. California may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.