Article 4 - Denial, Suspension and Revocation

California Business and Professions Code — §§ 2960-2969

Sections (18)

Amended by Stats. 2022, Ch. 298, Sec. 1. (SB 401) Effective January 1, 2023.

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 registered psychological associate.

(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 themselves, any

other person, or the public, or to an extent that this use impairs their 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 their 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 their 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)(1) Any act of sexual

abuse or sexual misconduct.

(2)Any act of sexual behavior or sexual contact with a client or former client within two years following termination of therapy.

(3)For purposes of this section, the following definitions apply:

(A)“Sexual abuse” means the touching of an intimate part of a person by force or coercion.

(B)“Sexual behavior” means inappropriate physical contact or communication of a sexual nature with a client or a former client for the purpose of sexual arousal, gratification, exploitation, or abuse. “Sexual behavior” does not include the provision of appropriate therapeutic interventions relating to sexual issues.

(C)“Sexual contact” means the touching of an intimate part of a client or a former client.

(D)“Sexual misconduct” means inappropriate conduct or communication of a sexual nature that is substantially related to the qualifications, functions, or duties of a psychologist or registered psychological associate.

(p)Functioning outside of their particular field or fields of competence as established by their 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.

§ 2960.01

Added by Stats. 2025, Ch. 113, Sec. 11. (SB 160) Effective September 17, 2025.

(a)The board shall require an applicant for licensure as a psychologist, as defined in Section 2902, to undergo a fingerprint-based state and national criminal history background check, pursuant to Section 144.

(b)The board shall submit to the Department of Justice fingerprint images and related information for individuals specified in subdivision (a) who are subject to a state and national criminal history background check, pursuant to subdivision (u) of Section 11105 of the Penal Code. The Department of Justice shall provide a state- and federal-level response pursuant to subdivision (p) of Section 11105 of the Penal Code.

§ 2960.02

Added by Stats. 2025, Ch. 113, Sec. 12. (SB 160) Effective September 17, 2025.

(a)The Board of Psychology shall require an applicant for registration as a psychological associate, as defined in Section 2913, to undergo a fingerprint-based state and national criminal history background check, pursuant to Section 144.

§ 2960.05

Amended by Stats. 2001, Ch. 617, Sec. 2. Effective January 1, 2002.

(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

Amended by Stats. 2022, Ch. 298, Sec. 2. (SB 401) Effective January 1, 2023.

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 2960, shall contain an order of revocation. The revocation shall not be stayed by the administrative law judge. A proposed or issued decision that contains a finding that the licensee or registrant engaged in an act of sexual abuse, sexual behavior, or sexual misconduct, as those terms are defined in Section 2960, may contain an order of

revocation.

§ 2960.2

Amended by Stats. 2025, Ch. 787, Sec. 29. (SB 775) Effective January 1, 2026.

A licensed psychologist shall meet the requirements set forth in subparagraph (B) of paragraph (2) of subdivision (f) of Section 1031 of the Government Code prior to performing either of the following:

(a)An evaluation of an individual’s emotional and mental condition pursuant to Section 1031 of the Government Code.

(b)An evaluation of a public officer or peace officer’s fitness for duty.

§ 2960.5

Amended by Stats. 2025, Ch. 787, Sec. 30. (SB 775) Effective January 1, 2026.

The board may refuse to issue any registration or license whenever it appears that an applicant may be unable to practice their 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

Amended by Stats. 2025, Ch. 787, Sec. 31. (SB 775) Effective January 1, 2026.

The board may deny any application for, or may suspend or revoke a license or registration issued under this chapter for, either of the following:

(a)The revocation, suspension, or other disciplinary action, including the equivalent action of another jurisdiction’s licensing agency, on a license, certificate, or registration issued by that jurisdiction 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 jurisdiction 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 jurisdiction’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 licensee or registrant. A certified copy of the decision or judgment shall be conclusive evidence of that action.

§ 2961

Amended by Stats. 2025, Ch. 787, Sec. 32. (SB 775) Effective January 1, 2026.

After a hearing pursuant to Section 2965, the board may deny an application for a license or registration, issue a license or registration subject to terms and conditions, or suspend, revoke, or impose probationary conditions upon, a license or registration.

§ 2962

Amended by Stats. 2025, Ch. 787, Sec. 33. (SB 775) Effective January 1, 2026.

(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. The petition shall be on a form provided by the board and shall state any facts or information as may be required by the board, including, but not limited to, proof of compliance with the terms and conditions of the underlying disciplinary order.

(b)The petitioner may file the petition on or after the expiration of the following timeframes, each of which commences on the effective date of the decision ordering that disciplinary action, or from

the date the disciplinary action is actually implemented in its entirety if the order, or any portion of it, is stayed by the board or by the superior court:

(1)Three years for reinstatement of a license or registration revoked or surrendered.

(2)Two years for early termination of probation of three years or more.

(3)Two years for modification of a condition of probation.

(4)One year for early termination of probation of less than three years.

(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.

(d)The petitioner shall at all times have the burden of production of proof to establish by clear and convincing evidence that they are entitled to the relief sought in the petition.

(e)The board, when it is hearing the petition, or an administrative law judge sitting for the board, may consider all factors presented, including, but not limited to, the following:

(1)The offense for which the petitioner was disciplined.

(2)The petitioner’s activities during the time their license or registration

was in good standing.

(3)The petitioner’s activities since the disciplinary action was taken.

(4)The petitioner’s rehabilitative efforts, general reputation for truth, and professional ability.

(f)The board may, without a hearing, deny a petition for early termination of probation or modification of penalty for any of the following reasons:

(1)The petitioner has failed to comply with the terms and conditions of the disciplinary order.

(2)The board is conducting an investigation of the petitioner while they are on probation.

(3)The petitioner has a subsequent arrest that is substantially related to the qualifications, functions, or duties of the licensee and this arrest occurred while on probation.

(4)The petitioner’s probation with the board is currently tolled.

(g)For reinstatements, the board may require that the petitioner execute a form authorizing release to the board, or its designee, of all information concerning the petitioner’s current physical and mental condition. Information provided to the board pursuant to the release shall be confidential and shall not be subject to discovery or subpoena in any other proceeding, and shall not be admissible in any action, other than before the board, to determine the petitioner’s fitness to practice as required by Section 822.

(h)If the board issues an order to reinstate a license or registration, the petitioner shall comply with all of the following:

(1)Fingerprint submission requirements published by the board.

(2)Provisions set forth in Section 2985.

(3)All terms and conditions as specified by the order.

§ 2963

Amended by Stats. 2025, Ch. 787, Sec. 34. (SB 775) Effective January 1, 2026.

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, psychological associate, psychological testing technician, research psychoanalyst, or student research psychoanalyst is deemed to be a conviction within the meaning of this article. The board may order the license or registration suspended or revoked, or may decline to issue a license or registration 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 their

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

Amended by Stats. 2025, Ch. 787, Sec. 35. (SB 775) Effective January 1, 2026.

Whenever the board revokes a license, it shall report the action to the National Practitioner Data Bank.

§ 2964.3

Amended by Stats. 2025, Ch. 787, Sec. 36. (SB 775) Effective January 1, 2026.

Any person required to register as a sex offender pursuant to Section 290 of the Penal Code, is not eligible for a license or registration by the board.

§ 2964.5

Repealed and added by Stats. 2025, Ch. 787, Sec. 38. (SB 775) Effective January 1, 2026.

The board may require any licensee or registrant it places on probation or whose license or registration it suspends to obtain additional continuing professional development, to pass an examination as specified in Section 2941, or both.

§ 2964.6

Repealed and added by Stats. 2025, Ch. 787, Sec. 40. (SB 775) Effective January 1, 2026.

The board may require any licensee or registrant it places on probation to pay the monetary costs associated with probation.

§ 2965

Amended by Stats. 1989, Ch. 888, Sec. 35.

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

Repealed and added by Stats. 2025, Ch. 787, Sec. 42. (SB 775) Effective January 1, 2026.

(a)Notwithstanding any other law, if a licensee or registrant is incarcerated due to conviction of a felony, regardless of whether the conviction has been appealed, their license or registration is automatically suspended during the period of incarceration.

(b)The board shall, immediately upon receipt of a certified copy of the licensee’s or registrant’s conviction, determine whether their license or registration has been automatically suspended due to incarceration, and notify the licensee or registrant of the suspension and of their right to a hearing on any board order of discipline or denial, as described in subdivision (e).

(c)Unless the conviction is for an offense specified in subdivision (d), the board shall hold a hearing to determine if the felony conviction is substantially related to the qualifications, functions, or duties of a licensee or registrant. At the discretion of the board, the hearing shall be held by an administrative law judge sitting alone or with a panel of the board. The record of the proceedings resulting in the conviction, including a transcript of the testimony, shall be received in evidence.

(d)A conviction of any crime specified in Section 187, 261, or 288 of, or former Section 262 of, the Penal Code shall be conclusively presumed to be substantially related to the qualifications, functions, or duties of a licensee or registrant and a hearing shall not be held

pursuant to subdivision (c).

(e)If the hearing in subdivision (c) determines that the conviction is substantially related to the qualifications, functions, or duties of the licensee or registrant, then the license or registration shall remain suspended until either the time for appeal has elapsed if no appeal has been taken, or the judgment of conviction has been affirmed on appeal or has otherwise become final, and until further order of the board.

(f)The board may order discipline or deny a license or registration in accordance with Section 2961 if any of the following occur:

(1)The time for appeal has elapsed.

(2)The judgment of conviction has been

affirmed on appeal.

(3)A court order granting probation suspends the sentence, regardless of a subsequent order under Section 1203.4 of the Penal Code allowing the person to withdraw a 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.

(4)The licensee or registrant elects to have the issue heard before any of the events specified in paragraphs (1), (2), or (3) occur. If the licensee or registrant elects to have the issue heard, the issue of penalty shall be heard at the hearing specified in subdivision (c).

(g)If the conviction is overturned on appeal, any discipline ordered pursuant to this section shall

automatically cease. Nothing in this subdivision prohibits the board from pursuing disciplinary action based on a cause other than the overturned conviction.

(h)Upon its own motion or for good cause shown, the board may decline to 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 or

psychoanalysis profession.

§ 2969

Added by Stats. 2000, Ch. 836, Sec. 22. Effective January 1, 2001.

(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.