2005 California Business and Professions Code Sections 4990-4990.16 Article 1. Administration

4990.  This chapter of the Business and Professions Code constitutes
the chapter on social workers.  It is to be liberally construed to
effect its objectives.
4990.1.  There is in the Department of Consumer Affairs a Board of
Behavioral Sciences which consists of 11 members.
   This section shall become inoperative on July 1, 2008, and, as of
January 1, 2009, is repealed, unless a later enacted statute, which
becomes effective on or before January 1, 2009, deletes or extends
the dates on which it becomes inoperative and is repealed.
4990.2.  Wherever "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.
4990.3.  Two members of the board shall be state-licensed clinical
social workers, one shall be a licensed educational psychologist, two
shall be state-licensed marriage and family therapists, and six
shall be public members.  Each member, except the six public members,
shall hold at least a master's degree from an accredited college or
university and shall have at least two years of experience in his or
her profession.
4990.4.  "Accredited school of social work," within the meaning of
this chapter, is a school that is accredited by the Commission on
Accreditation of the Council on Social Work Education.
4990.5.  Each member of the board, except the members first
appointed, shall be appointed for a term of four years and shall hold
office until the appointment and qualification of his or her
successor or until one year shall have elapsed since the expiration
of the term for which he or she was appointed, whichever first
occurs.  Vacancies occurring shall be filled by appointment for the
unexpired term.
   The Governor shall appoint four of the public members and the five
licensed members qualified as provided in Section 4990.3 with the
advice and consent of the Senate.  The Senate Rules Committee and the
Speaker of the Assembly shall each appoint a public member, and
their initial appointment shall be made to fill, respectively, the
first and second public member vacancies which occur on or after
January 1, 1983.
4990.6.  Not later than the first of March of each calendar year,
the board shall elect a chairperson and a vice chairperson from its
membership.
4990.7.  The board shall appoint an executive officer, which
position is hereby designated as a confidential position and exempt
from civil service under subdivision (e) of Section 4 of Article VII
of the California Constitution.
   The executive officer shall have the same qualifications required
of a member of the board, and shall serve at its pleasure.
4990.8.  The executive officer shall exercise the powers and perform
the duties delegated by the board and vested in him or her by this
chapter.
   This section shall become inoperative on July 1, 2008, and, as of
January 1, 2009, is repealed, unless a later enacted statute, which
becomes effective on or before January 1, 2009, deletes or extends
the dates on which it becomes inoperative and is repealed.
4990.9.  With the approval of the Director of Consumer Affairs, the
board shall fix the salary of the executive officer.
4990.10.  Subject to the State Civil Service Act and Section 159.5,
the board may employ such clerical, technical, and other assistants
as it deems necessary, within budget limitations.
4990.11.  The board shall keep an accurate record of all of its
proceedings and a register of all applicants for licenses and of all
individuals to whom a license as a licensed clinical social worker is
issued.
4990.12.  The board may conduct research in, and make studies of
problems involved in, the maintaining of professional standards among
those engaged in social service work in California and may publish
its recommendations thereon.
4990.125.  Protection of the public shall be the highest priority
for the Board of Behavioral Sciences 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.
4990.13.  The duty of enforcing this chapter 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.
4990.14.  The board may make such rules and regulations as may be
necessary for the enforcement of this chapter and may by rule and
regulation prescribe the qualifications for licensure.
4990.15.  The board shall have and use a seal bearing the words "The
Board of Behavioral Sciences," and shall otherwise conform to
Section 107.5.
4990.16.  Each member of the board shall receive a per diem and
expenses as provided in Section 103.