Existing law generally provides requirements for the licensing of business establishments. Existing law requires a business that provides services to minors, as defined, to provide written notice to the parent or guardian of a minor participating in the service offered by the business regarding the business policies relating to criminal background checks for employees, as specified.

Existing law requires the Department of Justice to maintain state summary criminal history information, as defined, and to furnish this information as required by statute to specified entities, including a human resource agency or an employer. Under existing law, the disclosure of state summary criminal history information to an unauthorized person is a crime.

This bill would require a person who provides behavioral health treatment for a behavioral health center, facility, or program to undergo a background check, as specified. By expanding the scope of the crime of unlawful disclosure of state summary criminal history information, this bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

Existing law generally provides requirements for the licensing of business establishments. Existing law requires a business that provides services to minors, as defined, to provide written notice to the parent or guardian of a minor participating in the service offered by the business regarding the business policies relating to criminal background checks for employees, as specified.

Existing law requires the Department of Justice to maintain state summary criminal history information, as defined, and to furnish this information as required by statute to specified entities, including a human resource agency or an employer. Under existing law, the disclosure of state summary criminal history information to an unauthorized person is a crime.

This bill would require a person who provides behavioral health treatment for a behavioral health center, facility, or program to undergo a background check, as specified. By expanding the scope of the crime of unlawful disclosure of state summary criminal history information, this bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

Existing law generally provides requirements for the licensing of business establishments. Existing law requires a business that provides services to minors, as defined, to provide written notice to the parent or guardian of a minor participating in the service offered by the business regarding the business policies relating to criminal background checks for employees, as specified.

Existing law requires the Department of Justice to maintain state summary criminal history information, as defined, and to furnish this information as required by statute to specified entities, including a human resource agency or an employer. Under existing law, the disclosure of state summary criminal history information to an unauthorized person is a crime.

This bill would require a person who provides behavioral health treatment for a behavioral health center, facility, or program to undergo a background check, as specified. By expanding the scope of the crime of unlawful disclosure of state summary criminal history information, this bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

Existing law authorizes the State Department of Developmental Services (DDS) to perform various duties relating to the prevention, diagnosis, and treatment of persons with intellectual and developmental disabilities, including disseminating educational information, providing advice, conducting educational and related work, and organizing, establishing, and maintaining community mental health clinics and overseeing regional centers for people with developmental disabilities.

Existing law requires the Department of Justice to maintain state summary criminal history information, as defined, and to furnish this information as required by statute to specified entities, including the agency or entity identified in a statute. Under existing law, the disclosure of state summary criminal history information to an unauthorized person is a crime.

This bill would require DDS to establish a certification process for behavioral technicians, as defined, including, among others, qualified autism service providers. The bill would require the certification process to include, at a minimum, a criminal background check, except as specified. The bill would prohibit the department from certifying an individual who has been convicted of a crime involving a minor. The bill would require a behavioral technician to request certification from the department if their duties include, or would include, working with a patient who is under 18 years of age. The bill would prohibit a developmental center, facility, or program that provides services to a person who is under 18 years of age from employing a behavioral technician who is not certified by the department. By expanding the scope of the crime of unlawful disclosure of state summary criminal history information, this bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

SENATE COMMITTEE ON

Senator Sabrina Cervantes, Chair

2025 - 2026 Regular Session

AB 277 (Alanis) - Behavioral health centers, facilities, and programs: background checks

Bill Summary:

AB 277 requires behavioral health treatment service providers who do not hold a license from a California state licensing board to undergo a Department of Justice (DOJ) fingerprint background check, as specified.

Fiscal Impact:

Total costs of approximately $506,000 in Fiscal Year (FY) 2026-27, $775,000 in FY 2027-28, and $643,000 ongoing for DOJ’s California Justice Information Services Division and Bureau of Criminal Information and Analysis to process additional Live Scan applications and background checks (Fingerprint Fees Account).

Background:

Existing law defines “behavioral health treatment” to mean professional services and treatment programs, including applied behavior analysis and evidence-based behavior intervention programs, that develop or restore, to the maximum extent practicable, the functioning of an individual with a pervasive developmental disorder or autism and that meet all of the following criteria:

• The treatment is prescribed by a physician and licensed surgeon or is developed by a licensed psychologist.
• The treatment is provided under a treatment plan prescribed by a qualified autism service provider and is administered by a qualified autism service provider, or qualified autism service professional or paraprofessional supervised by a qualified autism service provider.
• The treatment plan has measurable goals over a specific timeline that are developed and approved by the qualified autism service provider for the specific patient being treated and periodically reviewed and modified whenever appropriate.

Proposed Law:

• Requires a person who provides behavioral health treatment for a behavioral health center, facility, or program to undergo a background check.
• Exempts individuals holding a current and valid license issued by a California state licensing board if the board’s licensing process include a fingerprint based background check and the license is in good standing.

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SENATE COMMITTEE ON PUBLIC SAFETY

Senator Jesse Arreguín, Chair

2025 - 2026 Regular

Bill No: AB 277 Hearing Date: June 23, 2026

Subject: Behavioral health centers, facilities, and programs: background checks

HISTORY

Source: Autism Business Association

Prior Legislation: AB 2669 (Nazarian), Ch. 261, Stats. of 2022

AB 506 (Gonzalez), Ch. 169, Stats. of 2021

AB 1715 (Holden), held in Senate Business and Professions, 2016

Support: ABEDI, INC.; Applied Behavior Consultants; Association of Regional Center Agencies; Autism Behavior Services, INC.; Autism Business Association; Behavior Frontiers; California Association for Behavior Analysis

Opposition: None known

Assembly Floor Vote: 76 - 0

PURPOSE

The purpose of this bill is to require a person who provides “behavioral health treatment,” as defined in existing law, for a behavioral health center, facility, or program, to undergo a Department of Justice (DOJ) fingerprint background check.

Existing law defines “behavioral health treatment” to mean professional services and treatment programs, including applied behavior analysis and evidence-based behavior intervention programs, that develop or restore, to the maximum extent practicable, the functioning of an individual with a pervasive developmental disorder or autism and that meet all of the following criteria:

• The treatment is prescribed by a physician and licensed surgeon or is developed by a licensed psychologist;
• The treatment is provided under a treatment plan prescribed by a qualified autism service provider and is administered by a qualified autism service provider, or qualified autism service professional or paraprofessional supervised by a qualified autism service provider; and
• The treatment plan has measurable goals over a specific timeline that are developed and approved by the qualified autism service provider for the specific patient being treated and periodically reviewed and modified whenever appropriate. (Health & Saf. Code, § 1374.73, subd. (c)(1).)

Existing law requires the DOJ to maintain state summary criminal history information, as defined, and to furnish this information to various state and local government officers, officials, and other prescribed entities, if needed in the course of their duties. (Pen. Code, § 11105, subds. (a)-(b).)

Existing law defines “state summary criminal history information” to mean the master record of information compiled by the Attorney General pertaining to the identification and criminal history of a person, such as name, date of birth, physical description, fingerprints, photographs, dates of arrests, arresting agencies and booking numbers, charges, dispositions, sentencing information, and similar data about the person. (Pen. Code, § 11105, subd. (a)(2)(A).)

Existing law requires any fingerprint-based criminal history information check required pursuant to any statute to be performed by DOJ. Requires that when a government agency or other entity requests such a criminal history check for purposes of employment, licensing, or certification, the DOJ must disseminate specified information in response to the request, including information regarding convictions and arrests for which the applicant is presently awaiting trial. (Pen. Code, § 11105, subd. (u).)

Existing law states, notwithstanding any other law, that a human resource agency or an employer may request from DOJ records of all convictions or any arrest pending adjudication involving specified offenses of a person who applies for a license, employment, or volunteer position, in which they would have supervisory or disciplinary power over a minor or any person under their care. Requires DOJ to furnish the information to the requesting employer and to also send a copy of the information to the applicant. (Pen. Code, § 11105.3, subd. (a).)

Existing law lists the specified convictions eligible for the above background check as sexual battery, a sex offense against a minor, any felony that requires sex offender registration, or if within the last 10 years the person was convicted or arrested for child abuse, elder abuse, or as the result of committing theft, burglary, or any felony. (Welf. & Inst. Code, § 15660, subd. (a).)

Existing law requires that a request for records pursuant to the above provision shall include the applicant’s fingerprints and any other data specified by DOJ. (Pen. Code, § 11105.3, subd. (b).)

Existing law states that the determination of whether the criminal history record shows that the applicant, employee, or volunteer has been convicted of, or is under pending indictment for, any crime that bears upon the fitness of the individual to have responsibility for the safety and well-being of children, the elderly, the handicapped, or the mentally impaired shall solely be made by the human resource agency or employer. States that DOJ is not required to make such a determination on behalf of any human resource agency or employer. (Pen. Code, § 11105.3, subd. (b)(2)(E).)

Existing law defines, for the purposes of the above provisions, “employer” to mean any nonprofit corporation or other organization specified by the Attorney General that employs or uses the services of volunteers in positions in which the volunteer or employee has supervisory or disciplinary power over a child or children. (Pen. Code, § 11105.3, subd. (f)(2).)

Existing law defines, for the purposes of the above provisions, “human resource agency” to mean a public or private entity—excluding any agency responsible for licensing of facilities pursuant to the California Community Care Facilities Act, the California Residential Care Facilities for the Elderly Act, and the California Child Day Care Facilities Act—responsible for determining the character and fitness of a person who is:

• Applying for a license, employment, or a volunteer position within the human services field that involves the care and security of children, the elderly, the handicapped, or the mentally impaired;
• Applying to be a volunteer who transports individuals impaired by drugs or alcohol; or
• Applying to adopt a child or to be a foster parent. (Pen. Code, § 11105.3, subd. (f)(3).)
  

Existing law prohibits employers with five or more employees from asking a job candidate about conviction history before making a job offer and requires an employer who intends to deny an applicant a position of employment solely or in part because of the applicant’s conviction history to make an individualized assessment of whether the applicant’s conviction history has a direct and adverse relationship with the specific duties of the job, and to consider certain topics when making that assessment, as described. (Gov. Code, § 12952.)

Existing law requires that psychiatrists, psychologists, social workers, counselors, and peer support specialists be licensed by their respective professional licensing board. Requires that such licensees undergo a fingerprint criminal history check prior to a license being issued. (Bus. & Prof. Code, § 144.)

Existing law allows that such licensees can be denied a license when the applicant was convicted of a crime within the seven years preceding the date of application, and that crime is substantially related to the qualifications, functions, or duties of the business or profession for which the application is made. Allows that a serious felony conviction or a crime for which registration as a sex offender is required can serve as the basis for a denial regardless of the date of offense. (Bus. & Prof. Code, § 480.)

This bill requires a person who provides behavioral health treatment, as defined, for a behavioral health center, facility, or program to undergo a DOJ background check, as specified.

This bill specifies that it does not apply to a person who holds a current and valid license issued by a California state licensing board, if the licensure process includes a fingerprint-based background check and the license is in good standing.

COMMENTS

1. Need for This Bill

The author writes:

California has been a long-time advocate for people with disabilities, but there is still work to be done. ASD has become increasingly prevalent among people of color and lower-income communities while rates of child abuse have stayed high among females and Hispanic children. The ongoing phenomenon of child abuse, specifically against children with developmental disabilities, is unacceptable, and AB 277 is an important stepping stone to prevent bad actors from being in close proximity to vulnerable children.

1. Existing Law Governing Background Checks

State summary criminal history information is the primary record of information compiled by DOJ pertaining to the identification and criminal history of any person. This information includes name, date of birth, physical description, fingerprints, photographs, arrests, dispositions and similar data. (Pen. Code, § 11105, subd. (a).) Access to a person’s summary criminal history information is generally prohibited and only allowed to be disseminated if specifically authorized in statute. “The state constitutional right of privacy extends to protect defendants from unauthorized disclosure of criminal history records. [Citation.] These records are compiled without the consent of the subjects and disseminated without their knowledge. Therefore, custodians of the records, have a duty to ‘resist attempts at unauthorized disclosure and the person who is the subject of the record is entitled to expect that his right will be thus asserted.’” (Westbrook v. County of Los Angeles (1994) 27 Cal.App.4th 157, 165-66.)

DOJ is only required to furnish state summary criminal history information to statutorily authorized entities or individuals for employment, licensing, or volunteering purposes. (Pen. Code, § 11105.) In addition to the specified entities authorized to receive state summary criminal history information, DOJ may furnish state summary criminal history information to other specified employers upon a showing of compelling need for the information and to any person or entity when they are required by statute to conduct a criminal background check to comply with requirements or exclusions expressly based upon specified criminal conduct. (Pen. Code, § 11105, subds. (a)(13) & (c).)

Existing law requires that any fingerprint-based criminal history check required pursuant to any statute must be requested by DOJ. The agency or entity authorized to receive criminal history information must submit to DOJ fingerprint images and any related information required by DOJ for the purpose of obtaining information as to the existence and content of a record of state or federal arrests, as specified. (Pen. Code, § 11105, subd. (u)(1).) If requested, DOJ must transmit fingerprint images and related information received pursuant to this section to the Federal Bureau of Investigation (FBI) for the purpose of obtaining a federal criminal history information check. DOJ must review the information returned from the FBI and compile and disseminate a response or a fitness determination, as appropriate, to the agency or entity identified that requested the information. (Pen. Code, § 11105, subd. (u)(2).)

A separate existing statute states, notwithstanding any other law, that an employer or human resources agency may request from DOJ criminal records of a person involving specified offenses who applies for a license, employment, or volunteer position in which they would have supervisory or disciplinary power over a minor or any person under their care, and further requires DOJ to furnish this information to the requester and applicant. (Pen. Code, § 11105.3, subd. (a).) The list of specified convictions includes sexual battery, a sex offense against a minor, any felony that requires sex offender registration, or if within the last 10 years, any conviction or arrest for child abuse, elder abuse, theft, burglary, or any felony. (Welf. & Inst. Code, § 15660, subd. (a).)

1. Protections for Job Applicants with Criminal Histories

About one in five Californians has a criminal record of some kind. Having such a record can be a significant barrier to employment and housing, making it harder for these Californians to successfully reenter their communities and move forward with their lives. In 2017, California mandated new hiring procedures intended to ensure that job applicants with criminal records get a fair chance by: requiring most employers to make conditional job offers before initiating background checks; limiting the types of criminal history employers can consider; obligating employers to identify a nexus between the criminal history and the job duties before rescinding an offer; and giving applicants an opportunity to present mitigating information. (Gov. Code, § 12952.) Under these provisions, employers can still revoke conditional offers on the basis of a criminal conviction.

These provisions are expressly exempted when an employer is statutorily required to conduct a criminal background check, as is the case in this bill. (Gov. Code, § 12952, subd. (d).) The background checks required by this bill would be exempt from the fair chance protections above.

1. Behavioral Technicians

Existing law defines “behavioral health treatment” to mean professional services and treatment programs, including applied behavior analysis and evidence-based behavior intervention programs, that develop or restore functioning of an individual with a pervasive developmental disorder or autism and that meet all of the following criteria:

• The treatment is prescribed by a physician and licensed surgeon or is developed by a licensed psychologist;
• The treatment is provided under a treatment plan prescribed by a qualified autism service provider and is administered by a qualified autism service provider, professional, or paraprofessional supervised by a qualified autism service provider or professional; and
• The treatment plan has measurable goals over a specific timeline that is developed and approved by the qualified autism service provider for the specific patient being treated and periodically reviewed and modified whenever appropriate. (Health & Saf. Code, § 1374.73, subd. (c)(1).)

In California, Registered Behavioral Technicians (RBTs) are certified as paraprofessionals by the Behavior Analyst Certification Board (BACB), but they are not licensed or formally certified by the State of California. According to the author, this has created a legal gap in which some behavioral health companies hire RBTs or other entry-level staff without first vetting them to make sure they are fit to work directly with children. The author notes that many cases of sexual abuse—including what allegedly occurred at Modesto’s Kendall Center in 2023—involve a defendant employed as an RBT. (Jonathan Ayestas, Modesto Kendall Center employee arrested for child lewd acts, KCRA (November 2, 2023) <https://www.kcra.com/article/modesto-kendall-center-employee-arrested-child-lewd-acts/46003224> [as of May 15, 2026].)

The BACB is a national non-profit corporation founded in 1988 whose primary function is to operate certification programs for people in the applied behavior analysis field. In this role, BACB establishes entry-level eligibility standards for education and training and provides a mechanism to address behavior analysis practitioners who violate BACB ethics codes.^[1] Notably, behavioral technicians are not required to be certified by the BACB to provide treatment, only to use the title “registered behavioral technician”; however, many employers and insurance providers require certification. According to the BACB, 33 states across the U.S. require licensure for behavior technicians, while California does not. (Behavior Analyst Certification Board, U.S. Licensure of Behavior Analysts (2026) <https://www.bacb.com/u-s-licensure-of-behavior-analysts/> [as of May 15, 2026].)

According to BACB, “a[n] [RBT] is a paraprofessional certified in behavior analysis. RBTs assist in delivering behavior-analytic services and practice under the direction and close supervision of an RBT Supervisor and/or an RBT Requirements Coordinator, who are responsible for all work RBTs perform.” Additionally, BACB’s Registered Behavior Technician Handbook lists eligibility requirements for obtaining an RBT certification which includes completing and passing a criminal background check and an abuse registry check no more than 180 days prior to paying for the RBT certification application. However, the Handbook notes that the BACB does not require fingerprinting, and this requirement may vary by state and organization. (Behavior Analyst Certification Board, RBT Handbook (Jan. 2026) p. 3 <https://www.bacb.com/wp-content/uploads/2025/08/RBTHandbook_260116-a.pdf> [as of June 15, 2026].) Thus, it appears that a registered behavior technician has to undergo a criminal background check as a part of their certification application; however, it is unclear whether this is fingerprint-based and where the information is being pulled from.

By comparison, psychiatrists, psychologists, social workers, counselors, and peer support specialists work at behavioral health centers to provide the range of services clients need. In order to provide treatment, these persons must generally be licensed by their respective professional licensing board. Licensees are required to undergo a fingerprint criminal history check prior to a license being issued. (Bus. & Prof. Code, § 144.) Licensees can be denied a license when the applicant was convicted of a crime within the seven years preceding the date of application, and that crime is substantially related to the qualifications, functions, or duties of the business or profession for which the application is made. (Bus. & Prof. Code, § 480.) There are two exceptions to the seven-year lookback: a serious felony conviction or a crime for which registration as a sex offender is required. (Ibid.)

1. Effect of This Bill

This bill requires a person who provides “behavioral health treatment” for a behavioral health center, facility, or program to undergo a DOJ fingerprint background check. This bill specifies that a person who holds a current and valid license issued by a California state licensing board, if the licensure process includes a fingerprint-based background check and the license is in good standing, is not required to undergo another background check.

As discussed above, other mental health professionals who work at behavioral health centers may only be denied a license when the applicant was convicted of a crime within the seven years preceding the date of application, and that crime is substantially related to the qualifications, functions, or duties of the business or profession for which the application is made. However, there is an exception for serious felonies and crimes for which registration as a sex offender is required. These protections are intended to ensure that people with criminal convictions can obtain employment, reenter the community, and move on from their past.

This bill, by contrast, contains no similar protections or limitations on the use of the background check. Rather, behavioral health centers may deny the applicant employment for any conviction, regardless of its date or relevance to the position. The Committee and author may consider amendments that instead allow the employer to deny employment only for offenses within seven years of the date of application that are reasonably related to the job responsibilities, unless the conviction is a serious felony or a sex offense.

1. Argument in Support

The Autism Business Association writes:

AB 277 takes a vital step to protect vulnerable populations by codifying background checks for behavioral health treatment (BHT). By requiring all employers to conduct thorough background checks on employees who perform BHT, this bill establishes a clear, uniform standard for safety and accountability across the state.

Consumer safety remains our top priority. The individuals and families who rely on behavioral health treatments deserve the peace of mind that comes from knowing their care providers undergo proper vetting. This legislation directly addresses that need, ensuring consumers receive essential care in a secure and trusted environment.

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1. See The BACB: What It Is, What It Does, and Why., BACB (July 9, 2020) <https://www.bacb.com/the-bacb-what-it-is-what-it-does-and-why/> [as of May 15, 2026]. ↑

SENATE COMMITTEE ON

BUSINESS, PROFESSIONS AND ECONOMIC DEVELOPMENT

Senator Dr. Aisha Wahab, Chair

2025 - 2026 Regular

Bill No: Hearing Date: June 1, 2026

Subject:

SUMMARY:

Requires a background check for any unlicensed individual who provides behavioral health treatment, as specified. Excludes a licensee who holds a current and valid license issued by a California state licensing board that includes a fingerprint-based background check and the license is in good standing.

NOTE: This bill is double-referred to the Senate Committee on Public Safety, second.

Existing law:

1. Requires applicants to provide a full set of fingerprints for purposes of conducting criminal history record checks to all boards and bureaus, and any board or bureau may, at its discretion, obtain criminal history information from the Department of Justice and the United States Federal Bureau of Investigations. (Business & Professions Code (BPC) § 144)
2. Requires a business that provides services to minors to do the following:
   1. Provide written notice, which may include a posting on the business’s Internet Website, regarding the business’s policies related to obtaining a criminal background check for its employees to the parent or guardian of any minor receiving those services, and whether the criminal background check includes state and federal criminal history information, and the nature of the types of offenses the business looks to identify.
   2. Defines a “business that provides services to minors” as its primary purpose is to provide extracurricular services or programs of instruction, including, but not limited to, academic tutors and instructors, for youth under 18 years of age; has an adult employee who has supervisory or disciplinary power over a child or children; and does not include a licensed child day care facility as defined in Health and Safety Code § 15966.750. (BPC § 18950 a-d)
3. Requires an administrator, employee, or regular volunteer of a youth service organization to complete training in child abuse and neglect identification and training in child abuse and neglect reporting and undergo a background check pursuant to Penal Code § 11105.3 to identify and exclude any person with a history of child abuse. (BPC § 18975 (a)(b)(1))
4. Defines “behavioral health treatment” as professional services and treatment programs, including applied behavior analysis and evidence-based behavior intervention programs, that develop or restore, to the maximum extent practicable, the functioning of an individual with pervasive developmental disorder or autism and that meets all the following criteria:

a) The treatment is prescribed by a licensed physician and surgeon or is developed by a licensed psychologist.

1. The treatment is provided under a treatment plan prescribed by a qualified autism provider and is administered by one of the following: a qualified autism service provider; a qualified autism service professional; a qualified autism paraprofessional.
2. The treatment plan has measurable goals over a specific timeline that is developed and approved by the qualified autism service provider for the specific patient being treated and shall be reviewed no less than once every six months by the qualified autism service provider and modified whenever appropriate, and be consistent with existing law to which the qualified autism provider does all of the following: describes the patient’s behavioral health impairments or developmental challenges that are to be treated; designs an intervention plan that includes the service type, number of hours, and parent participation needed to achieve the plan’s goal and objectives, and the frequency at which the patient’s progress is evaluated and reported; provides intervention plans that utilize evidence-based practices, with demonstrated clinical efficacy in treating pervasive developmental disorder or autism; and discontinues intensive behavioral intervention services when the treatment goals and objectives are achieved or no longer appropriate.
3. The treatment plan is not used for purposes of providing for the reimbursement of respite, daycare, or educational services and is not used to reimburse a parent for participating in the treatment program. The treatment plan shall be made available to the health care service plan upon request. (HSC § 1374.73 (d)(1))
4. Defines ‘qualified autism service provider” as certified by a national entity, such as the Behavior Analyst Certification Board, with a certification that is accredited by the National Commission for Certifying Agencies who designs, supervises, or provides treatment for pervasive development disorder or autism, provided the services are within the experience and competence of the individual who is nationally certified; or is licensed as a physician and surgeon, physical therapist, occupational therapist, psychologist, marriage and family therapist, educational psychologist, speech-language pathologist or audiologist and designs, supervises, or provides treatment for pervasive developmental disorder or autism, provided the services are within the experience and competence of the licensee. (BPC § 4999.200)
5. Defines ”qualified autism service professional” as an individual who provides behavioral health treatment developed and approved by a qualified autism service provider, is under the supervision of a qualified autism service provider and is either of the following: a behavioral health service provider who meets the education and experience as an Associate Behavior Analyst, Behavior Analyst, Behavior Management Assistant, Behavior Management Consultant, or Behavior Management Program; or a psychological associate, an associate marriage and family therapist, an associate clinical worker or an associate professional clinical counselor as defined and regulated by the Board of Behavioral Sciences and Board of Psychology; has training and experience in providing services for pervasive developmental disorder or autism, as specified; or is employed by the qualified autism service provider or an entity or group that employs qualified autism service providers responsible for the autism treatment plan. (BPC § 4999.201)
6. Defines “qualified autism service paraprofessional” as an unlicensed and uncertified individual who is supervised by a qualified autism service provider or qualified autism service professional at recognized standards of practice; provides treatment and implements services pursuant to a treatment plan that was developed and approved by the qualified autism service provider; meets the education and training qualifications as specified; has adequate education, training, and experience, as certified by a qualified autism service provider or an entity or group that employes qualified autism service providers; and is employed by the qualified autism service provider or an entity or group that employs qualified autism service providers responsible for the autism treatment plan. (BPC § 4999.202).
7. Allows a human resource agency or an employer to request from the Department of Justice records of all convictions or any arrest pending adjudication of a person who applies for a license, employment, or volunteer position, in which they would have supervisory or disciplinary power over a minor or any person under their care. The department shall furnish the information to the requesting employer and shall also send a copy of the information to the applicant. A request for records shall include the applicant’s fingerprints, which may be taken by the requester, and any other data specified by the department. (Penal Code (PC) § 11105.3 (a)(b)(1))

This bill requires a background check for any unlicensed individual who provides behavioral health treatment for a behavioral health center, facility or program.

FISCAL EFFECT:

This bill is keyed fiscal by Legislative Counsel. According to the Assembly Committee on Appropriations, the bill will result in estimated costs of at least $1 million in the first year to DOJ for additional background checks, based on approximately 31,000 unlicensed service providers immediately impacted by this bill. Ongoing costs are unknown, but likely smaller, depending on the number of new applicants each year. These costs may be reimbursed to an unknown extent by the individuals being screened.

COMMENTS:

1. Purpose. This bill is sponsored by the California Association for Behavior Analysis and the Autism Business Association. According to the Author, California has been a long-time advocate for people with disabilities, but there is still work to be done. ASD has become increasingly prevalent among people of color and lower-income communities while rates of child abuse have stayed high among females and Hispanic children. The ongoing phenomenon of child abuse, specifically against children with developmental disabilities, is unacceptable, and AB 277 is an important steppingstone to prevent bad actors from being in close proximity to vulnerable children.
2. Background.

Licensed practitioners providing Behavioral Health Treatment. The professional licensing boards within BPC regulate and license behavioral health practitioners that provide behavioral health treatment in a variety of health care settings. The professional licensing boards require their applicants to undergo a fingerprint-based state and national criminal history background which is submitted to the Department of Justice and have discretion to deny a license if the applicant has been convicted of a crime or has been subject to formal discipline within the preceding seven years from the date of application that is substantially related to the qualifications, functions, or duties of the business or profession for which the application has been made. The seven-year limitation does not apply if the applicant has been convicted of a serious felony as specified, or a financial crime classified as a felony that is directly related to the fiduciary qualifications, functions, or duties of the business or professions for which the application is made, as specified.

National Certifying Board for QAS providers. In 1998, the Behavior Analysts Certification Board (BACB), an independent, nonprofit organization that is accredited by the National Commission for Certifying Agencies (NCCA) was established to develop practice standards and procedures to certify Applied Behavior Analysis (ABA) practitioners. The BACB developed competences to practice ABA and standards for certifying practitioners based on extensive job analysis studies involving thousands of professional behavior analysts. The standards developed include degrees, coursework, supervised experiential training, and passage of an examination in behavior analysis.

According to the BACA website, they have certified more than 80,000 behavior analysts and over 200,000 behavior technicians and the standards that are used by the BACB comprise most of the behavior analyst licensure laws in the nation. The BACB certify the following programs: Registered Behavior Technician (RBT) a paraprofessional in behavioral analysis who practices under close, ongoing supervision; Board Certified Assistant Behavior Analyst (BCaBA) undergraduate professionals who practices behavior analysis under supervision; and Board-Certified Behavior Analyst (BCBA) graduate level professionals who practice independently and provide supervision for BCaBAs and RBTs. All BACB certificants must comply with BACB standards as well as continuing education requirements in order to maintain their certifications.

The qualifications to become an RBT include obtaining a high-school level education or the equivalent, be at least 18 years old, have completed 40-hours of training either by an employer, a university, or an online training program, pass a criminal background check and an abuse registry check (if applicable), that is comparable to those required for home health aides, child care professionals and teachers, no more than 180 days before paying for the RBT certification application. After completion of the required 40-hour training and no more than 90 days before submission of an RBT certification application, the applicant must demonstrate that they can competently perform the tasks outlined on the RBT Initial Competency Assessment. There is no requirement for RBT’s to obtain licensure in California. Fingerprinting is not required by the BACB, but this requirement may vary by state and organization. The BACB does not provide 40-hour training, certificates of completion or training program recommendations. An Attesting Certificant form confirming the applicants age, high school level education or equivalent, passage of a criminal background check and an abuse registry check (if applicable) must be submitted with the RBT application and in the event of an audit the applicant may be required to provide documentation to support their attestation.

This bill will require a fingerprint-based background check, (pursuant to PC § 11105.3), for any unlicensed individual who provides behavioral health treatment for a behavioral health center, facility or program.

1. Related Legislation. SB 874 (Weber-Pierson) requires the Department of Health Care Services to ensure that any unlicensed providers of behavioral health treatment services paid for by Medi-Cal undergo a fingerprint-based background check conducted by the Department of Justice by July 1, 2027; to convene a stakeholder workgroup to review the implementation of behavioral health treatment services in the Medi-Cal program; to release and maintain clinical guidance on the provisions of behavioral health treatment services; and submit a report to the Legislature on the provisions of behavioral health treatment services by January 1, 2029. (Status: SB 874 is pending in the Assembly Health Committee).

AB 375 (Nguyen) revises the definition of health care provider to include qualified autism service paraprofessionals that may provide behavioral health treatment services via telehealth. (Status: AB 375 is also pending in this committee).

1. Arguments in Support. Supporters note that the bill establishes a clear, uniform standard for safety and accountability across the state by codifying background checks for behavioral health treatment, taking a vital step to protect vulnerable populations such as children and individuals with disabilities. This legislation will promote employer accountability, strengthen public trust, and, most importantly, enhance consumer protection. Supporters state that background checks should be considered standard practice and are typically done by most centers but are not required by law, requiring background checks will help safeguard against potential risks and establish trust in the therapist-client relationship. This is important in California, where there is no licensing board or consumer protection entity to oversee behavior analysts, who provide the majority of behavioral health treatment for autism spectrum disorder.
2. Suggested Technical Amendment. This bill as currently drafted below references an incorrect code section for the Health and Safety Code and needs to be amended to reflect the correct code section, specifically the cross reference in Section 18980 (a) as defined in paragraph (1) of subdivision (d) of Section 1374.73 of the Health and Safety Code.

SUPPORT AND OPPOSITION:

Support:

Autism Business Association (co-sponsor)

California Association for Behavior Analysis (co-sponsor)

Abedi, Inc.

Association of Regional Center Agencies

Autism Behavior Services, INC

Autism Speaks

Autism Spectrum Therapies

Behavior Frontiers, LLC

California Association for Behavior Analysis

Council of Autism Service Providers (CASP)

The Arc and United Cerebral Palsy California Collaboration

Opposition:

None received

-- END --

ASSEMBLY THIRD READING

ATR Bill Id:AB 277

Author:(Alanis)

As Amended Ver:January 5, 2026

Majority vote

SUMMARY

Requires a person who provides behavioral health treatment for a behavioral health center, facility, or program to undergo a background check; exempts a person who holds a current and valid license issued by a California state licensing board, if the licensure process includes a fingerprint-based background check and the license is in good standing.

Major Provisions

COMMENTS

Providers in Behavioral Health Facilities. Psychiatrists, psychologists, social workers, counselors, and peer support specialists work at behavioral health centers to provide the range of services clients need. In order to provide treatment, a person must be licensed by their respective professional licensing board. Further, as described in existing law, licensees are currently required to undergo a criminal history check prior to a license being issued. Licensees can be denied a license when:

1. The applicant was convicted of a crime within the seven years preceding the date of application; and,
2. That crime is substantially related to the qualifications, functions, or duties of the business or profession for which the application is made.

There are two exceptions to the seven-year lookback: 1) A serious felony conviction or a crime for which registration as a sex offender is required. 2) Convictions for these types of crimes can lead to a denial regardless of how long ago the conviction occurred.

Regional Center Vendor and Service Providers. Vendorization is the process for identification, selection, and utilization of service providers based on the qualifications and other requirements necessary in order to provide the services. The vendorization process allows regional centers to verify, prior to the provision of services to consumers, that an applicant meets all of the requirements and standards specified in regulations. Applicants who meet the specified requirements and standards are assigned a service code and a unique vendor identification number.

Service providers are vendored by the regional center in whose catchment area the service is located, known as the vendoring regional center. The vendoring regional center is responsible for ensuring that the applicant meets licensing and Title 17 requirements for vendorization, determining the appropriate vendor category for the service to be provided, and approving or disapproving vendorization based upon their review of the documentation submitted by the applicant.

Title 17 requirements include disclosing criminal activity involving abuse or neglect involving minors and elders. Further, regional centers require background checks for vendors. For example, the Regional Center of Orange County (RCOC) policy states:

″All RCOC vendors shall obtain criminal background checks prior to hire for all employees who provide direct services to RCOC persons served. The background checks shall include, at a minimum, a nationwide criminal history search covering felonies and misdemeanors, as well as a sex offender registry search. Background checks mandated by California Code of Regulations Title 77, or Title 22 and conducted through the California Department of Justice shall satisfy this requirement. Vendors shall comply with all applicable federal, state, and local laws and regulations regarding background checks and the use of information obtained through background checks.″

Service providers under the SDP are required to have background checks. The following individuals are required by the Department of Developmental Services to get a criminal background check:

1. Any employee of an SDP participant who will provide direct personal care services. This does not include family members who are paid to provide direct personal care services who live in the same home as the participant.
2. Any employee of a provider that is not a regional center vendor and will be providing direct personal care services to an SDP participant.

This bill would require behavioral health providers for a behavioral health center, facility, or program to undergo subsequent background checks.

Registered Behavioral Technicians (RBTs). RBTs assist in delivering behavior-analytic services and practice under the direction and close supervision of Board Certified Behavior Analyst. In California, RBTs are not required to become licensed by a state licensing board. However, they are certified by an outside entity, the Behavior Analyst Certification Board (BACB). According to BACB, in order to become eligible for certification, ″an applicant must no more than 180 days prior to paying for your RBT certification application, you must complete and pass a criminal background check and an abuse registry check comparable to those required of home health aides, child care professionals, and teachers in the community where you will provide services.″

According to the Author, the lack of licensure for RBTs created a loophole due a lack of background checks. However, as noted by BACB, it is a condition of certification. It is unclear the value of an additional background check.

Purpose of Background Checks. According to the DOJ, ″Securing a criminal background check prior to employment, licensure, or certification provides a hiring or licensing authority an important resource, which aids in the evaluation of the applicant. These applicants are often candidates for positions that place them in a position of trust for some of California′s most vulnerable citizenry, elderly, and dependent adults and children. Entrusting applicants with the responsibility of the position prior to a criminal background check potentially jeopardizes the safety and integrity of the workplace and may leave some individuals exposed to unnecessary harm. Employment and licensing authorities may also face legal liability if applicants with specified active arrests or convictions are employed or licensed when statute prohibits such action based on the successful completion of a criminal background check.″

According to the Author

″California has been a long-time advocate for those with disabilities, but there is still work to be done. [Autism Spectrum Disorder] has become increasingly prevalent among people of color and lower-income communities while rates of child abuse have stayed high among females and Hispanic children. The ongoing phenomenon of child abuse – specifically against children with developmental disabilities – is unacceptable, and [this bill] is an important stepping stone to prevent bad actors from being in close proximity to vulnerable children.″

Arguments in Support

According to the Association of Regional Center Agencies, ″This legislation will improve the lives of people with intellectual and developmental disabilities and, by benefiting them, will also strengthen our overall service system.″

Arguments in Opposition

None on file.

FISCAL COMMENTS

According to the Assembly Appropriations Committee on January 22, 2026, estimated costs of at least $1 million in the first year to California Department of Justice (DOJ) for additional background checks, based on approximately 31,000 unlicensed service providers immediately impacted by this bill. Ongoing costs are unknown, but likely smaller, dependent on the number of new applicants each year. These costs may be reimbursed to an unknown extent by the individuals being screened (Fingerprint Fees Account).

VOTES

ASM HUMAN SERVICES: 6-0-1

YES: Lee, Castillo, Calderon, Elhawary, Jackson, Tangipa

ABS, ABST OR NV: Celeste Rodriguez

ASM PUBLIC SAFETY: 9-0-0

YES: Schultz, Alanis, Mark González, Haney, Harabedian, Lackey, Nguyen, Ramos, Sharp-Collins

ASM APPROPRIATIONS: 15-0-0

YES: Wicks, Hoover, Stefani, Calderon, Caloza, Dixon, Fong, Mark González, Krell, Bauer-Kahan, Pacheco, Pellerin, Solache, Ta, Tangipa

UPDATED

VERSION: January 5, 2026

CONSULTANT: Alexandria Smith / HUM. S. / (916) 319-2089 FN: 0002219

Date of Hearing: January 22, 2026

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Buffy Wicks, Chair

ABPCA Bill Id:AB 277

Author:(Alanis) – As Amended Ver:January 5, 2026

Urgency: No State Mandated Local Program: Yes Reimbursable: No

SUMMARY:

This bill requires a person who provides behavioral health treatment for a behavioral health center, facility, or program to undergo a background check. The bill specifies this requirement does not apply to a person who holds a current and valid license issued by a California licensing board, if the licensure process includes a fingerprint-based background check and the license is in good standing.

FISCAL EFFECT:

Estimated costs of at least $1 million in the first year to California Department of Justice (DOJ) for additional background checks, based on approximately 31,000 unlicensed service providers immediately impacted by this bill. Ongoing costs are unknown, but likely smaller, dependent on the number of new applicants each year. These costs may be reimbursed to an unknown extent by the individuals being screened (Fingerprint Fees Account).

COMMENTS:

1. Purpose. According to the author:

California has been a long-time advocate for those with disabilities, but there is still work to be done. The ongoing phenomenon of child abuse – specifically against children with developmental disabilities – is unacceptable, and [this bill] is an important steppingstone to prevent bad actors from being in close proximity to vulnerable children.

1. Background. This bill applies to any person who provides behavioral health treatment for a behavioral health center, facility, or program who is not licensed by a California licensing board. Generally, psychiatrists, psychologists, social workers, counselors, and peer support specialists work at behavioral health centers and must be licensed by their respective professional licensing board, which includes undergoing a fingerprint criminal history check prior to a license being issued.

Licensees may be denied a license when the applicant was convicted of a crime within the seven years preceding the date of application and that crime is substantially related to the qualifications, functions, or duties of the business or profession for which the application is made. A serious felony conviction or a crime for which registration as a sex offender is required can lead to a license denial regardless of when the conviction occurred.

Registered Behavior Technicians (RBTs) provide behavioral health treatment and practice under the direction and close supervision of a Board-Certified Behavior Analyst. In California, RBTs are not required to be licensed by a state licensing board, but rather, are certified by an outside entity, the national Behavior Analyst Certification Board (BACB). According to BACB’s, RBT certification includes completing and passing a criminal background check and an abuse registry check no more than 180 days prior to paying for the RBT certification application. However, the BACB does not require fingerprinting and it is unclear from where the background information is being pulled.

This bill requires a person who provides behavioral health treatment at a behavioral health center, facility, or program and who is not otherwise licensed through a state licensing agency to undergo a background check pursuant to existing Penal Code section 11105.3, which governs background checks not otherwise required by statute of persons who would have supervisory or disciplinary power over a minor or any person under their care.

1. Prior Legislation. AB 1715 (Holden), of the 2015-16 Legislative Session, would have established a Behavior Analyst category of licensure to be administered by the Board of Psychology. AB 1715 was held in the Senate Committee on Business, Professions, and Economic Development.

Analysis Prepared by: Jennifer Swenson / APPR. / (916) 319-2081

Date of Hearing: January 13, 2026

Deputy Chief Counsel: Stella Choe

ASSEMBLY COMMITTEE ON PUBLIC SAFETY

Nick Schultz, Chair

ABPCA Bill Id:AB 277

Author:(Alanis) – As Amended Ver:January 5, 2026

SUMMARY:

Requires a person who provides “behavioral health treatment,” as defined in existing law, for a behavioral health center, facility, or program, to undergo a background check. Specifies that this requirement does not apply to a person who holds a current and valid license issued by a California state licensing board, if the licensure process includes a finger-print based background check and the license is in good standing.

EXISTING LAW:

1. Defines “behavioral health treatment” to mean professional services and treatment programs, including applied behavior analysis and evidence-based behavior intervention programs, that develop or restore, to the maximum extent practicable, the functioning of an individual with pervasive developmental disorder or autism and that meet all of the following criteria (Health & Saf. Code, § 1374.73, subd. (c)(1):
   1. The treatment is prescribed by a physician and licensed surgeon or is developed by a licensed psychologist;
   2. The treatment is provided under a treatment plan prescribed by a qualified autism service provider and is administered by a qualified autism service provider or qualified autism service professional or paraprofessional supervised by a qualified autism service provider or professional; and,
   3. The treatment plan has measurable goals over a specific timeline that is developed and approved by the qualified autism service provider for the specific patient being treated and periodically reviewed and modified whenever appropriate. Requires the treatment plan to do all of the following:
      1. Describes the patient’s behavioral health impairments or developmental challenges that are to be treated;
      2. Designs an intervention plan that includes the service type, number of hours, and parent participation needed to achieve the plan’s goal and objectives, and the frequency at which the patient’s progress is evaluated and reported;
      3. Provides intervention plans that utilize evidence-based practices, with demonstrated clinical efficacy in treating pervasive developmental disorder or autism; and,
      4. Discontinues intensive behavioral intervention services when the treatment goals and objectives are achieved or no longer appropriate.
2. Requires the Department of Justice (DOJ) to maintain state summary criminal history information, as defined, and to furnish this information to various state and local government officers, officials, and other prescribed entities, if needed in the course of their duties. (Pen. Code, §11105, subds. (a)-(b).)
3. Defines “state summary criminal history information” to mean the master record of information compiled by the Attorney General pertaining to the identification and criminal history of a person, such as name, date of birth, physical description, fingerprints, photographs, dates of arrests, arresting agencies and booking numbers, charges, dispositions, sentencing information, and similar data about the person. (Pen. Code, §11105, subd. (a)(2)(A).)
4. Specifies that a fingerprint-based criminal history information check that is required pursuant to any statute to be requested from the DOJ. When a government agency or other entity requests such a criminal history check for purposes of employment, licensing, or certification, existing law requires the DOJ to disseminate specified information in response to the request, including information regarding convictions and arrests for which the applicant is presently awaiting trial. (Pen. Code, § 11105, subd. (u).)
5. States, notwithstanding any other law, a human resource agency or an employer may request from DOJ records of all convictions or any arrest pending adjudication involving specified offenses of a person who applies for a license, employment, or volunteer position, in which they would have supervisory or disciplinary power over a minor or any person under their care. DOJ shall furnish the information to the requesting employer and shall also send a copy of the information to the applicant. (Pen. Code, § 11105.3, subd. (a).)
6. Provides that a request for records pursuant to the above provision shall include the applicant’s fingerprints and any other data specified by DOJ. (Pen. Code, § 11105.3, subd. (b).)
7. States that the determination of whether the criminal history record shows that the applicant, employee, or volunteer has been convicted of, or is under the pending indictment for, any crime that bears upon the fitness of the individual to have responsibility for the safety and well-being of children, the elderly, the handicapped, or the mentally impaired shall solely be made by the human resource agency or employer. DOJ is not required to make such a determination on behalf of any human resource agency or employer. (Pen. Code, § 11105.3, subd. (b)(2)(E).)
8. Defines the following terms for purposes of a background check pursuant to Penal Code section 11105.3:
   1. “Employer” means any nonprofit corporation or other organization specified by the Attorney General that employs or uses the services of volunteers in positions in which the volunteer or employee has supervisory or disciplinary power over a child or children.
   2. “Human resource agency” agency means a public or private entity, excluding any agency responsible for licensing of facilities pursuant to the California Community Care Facilities Act, the California Residential Care Facilities for the Elderly Act, and the California Child Day Care Facilities Act, responsible for determining the character and fitness of a person who is:
      1. Applying for a license, employment, or as a volunteer within the human services field that involves the care and security of children, the elderly, the handicapped, or the mentally impaired;
      2. Applying to be a volunteer who transports individuals impaired by drugs or alcohol; or,
      3. Applying to adopt a child or to be a foster parent. (Pen. Code, § 11105.3, subd. (f).)
         
9. Prohibits employers with five or more employees from asking a job candidate about conviction history before making a job offer and requires an employer who intends to deny an applicant a position of employment solely or in part because of the applicant’s conviction history to make an individualized assessment of whether the applicant’s conviction history has a direct and adverse relationship with the specific duties of the job, and to consider certain topics when making that assessment, as described. (Gov. Code, § 12952.)

FISCAL EFFECT:

Unknown

COMMENTS:

1. Author's Statement: According to the author, “California has been a long-time advocate for those with disabilities, but there is still work to be done. ASD [autism spectrum disorder] has become increasingly prevalent among people of color and lower-income communities while rates of child abuse have stayed high among females and Hispanic children. The ongoing phenomenon of child abuse – specifically against children with developmental disabilities – is unacceptable, and AB 277 is an important stepping stone to prevent bad actors from being in close proximity to vulnerable children.”
   
2. Summary Criminal History Information: State summary criminal history information is the master record of information compiled by DOJ pertaining to the identification and criminal history of any person. This information includes name, date of birth, physical description, fingerprints, photographs, arrests, dispositions and similar data. (Pen. Code, § 11105, subd. (a).) Access to a person’s summary criminal history information is generally prohibited and only allowed to be disseminated if specifically authorized in statute. “The state constitutional right of privacy extends to protect defendants from unauthorized disclosure of criminal history records. [Citation.] These records are compiled without the consent of the subjects and disseminated without their knowledge. Therefore, custodians of the records, have a duty to ‘resist attempts at unauthorized disclosure and the person who is the subject of the record is entitled to expect that his right will be thus asserted.’” (Westbrook v. County of Los Angeles (1994) 27 Cal.App.4th 157, 165-66.)

DOJ is tasked with maintaining state summary criminal history information and requires the Attorney General to furnish state summary criminal history information only to statutorily authorized entities or individuals for employment, licensing, volunteering, etc. (Pen. Code, § 11105.) In addition to the specified entities authorized to receive state summary criminal history information, DOJ may furnish state summary criminal history information to other specified employers upon a showing of compelling need for the information and to any person or entity when they are required by statute to conduct a criminal background check to comply with requirements or exclusions expressly based upon specified criminal conduct. (Pen. Code, § 11105, subds. (a)(13) & (c).)

Existing law provides that any fingerprint-based criminal history check required pursuant to any statute shall be requested by DOJ. The agency or entity authorized to received criminal history information shall submit to DOJ fingerprint images and any related information required by DOJ for the purpose of obtaining information as to the existence and content of a record of state or federal arrests, as specified. (Pen. Code, § 11105, subd. (u)(1).) If requested, DOJ shall transmit fingerprint images and related information received pursuant to this section to the Federal Bureau of Investigation (FBI) for the purpose of obtaining a federal criminal history information check. DOJ shall review the information returned from the FBI, and compile and disseminate a response or a fitness determination, as appropriate, to the agency or entity identified that requested the information. (Pen. Code, § 11105, subd. (u)(2).)

A separate existing statute states, notwithstanding any other law, that an employer or human resources agency may request from DOJ criminal records of a person involving specified offenses who applies for a license, employment, or volunteer position, in which they would have supervisory or disciplinary power over a minor or any person under their care, and further requires DOJ to furnish this information to the requester and applicant. (Pen. Code, § 11105.3, subd. (a).) The list of specified convictions includes sexual battery, a sex offense against a minor, or of any felony that requires sex offender registration, or if within the last 10 years the person was convicted or arrested for child abuse, elder abuse, or as the result of committing theft, burglary, or any felony. (Welf. & Inst. Code, § 15660, subd. (a).)

This bill would require a person who provides “behavioral health treatment,” as defined in existing law, for a behavioral health center, facility, or program, to undergo a background check pursuant to Penal Code section 11105.3, described above, which authorizes employers to request background check information for prospective employees who would have supervisory or disciplinary power over a minor or any person under their care. This bill excludes persons who hold a license with a state licensing agency and have already undergone a criminal background check during the licensing process.

1. Protections for Job Applicants with Criminal Histories: About one in five Californians has a criminal record of some kind. Having such a record can be a significant barrier to getting a job, making it harder for these Californians to move forward with their lives. In 2017, California mandated new hiring procedures intended to ensure that job applicants with criminal records get a fair chance by: (1) requiring most employers to make conditional job offers before initiating background checks; (2) limiting the types of criminal history employers can consider; (3) obligating employers to identify a nexus between the criminal history and the job duties before rescinding an offer; and (4) giving applicants an opportunity to present mitigating information. (See Gov. Code, § 12952.)

As specified above, existing law provides for specified procedures including notice and an opportunity to respond when an employer is considering rejection of a job applicant based on criminal history information. These provisions are expressly exempted when an employer is statutorily required to conduct a criminal background check. (Gov. Code, § 12952, subd. (d).) By requiring this category of prospective employees to be background checked, they would be exempt from the protections described above.

1. Registered Behavior Technicians: This bill would apply to persons who provide “behavioral health treatment,” as defined in existing law, for a behavioral health center, facility, or program who is not licensed by a California licensing board. Generally, psychiatrists, psychologists, social workers, counselors, and peer support specialists work at behavioral health centers to provide the range of services clients need. In order to provide treatment, a person must generally be licensed by their respective professional licensing board. Licensees are currently required to undergo a fingerprint criminal history check prior to a license being issued. Licensees can be denied a license when: The applicant was convicted of a crime within the seven years preceding the date of application; and, that crime is substantially related to the qualifications, functions, or duties of the business or profession for which the application is made. (Bus. & Prof. Code, § 480.) There are two exceptions to the seven-year lookback: A serious felony conviction or a crime for which registration as a sex offender is required. (Ibid.)

This bill specifies that a person who holds a current and valid license issued by a California state licensing board, if the licensure process includes a finger-print based background check and the license is in good standing, is not required to undergo another background check.

According to information provided by the author’s office, registered behavior technicians provide behavioral health treatment but are not licensed through a state licensing board. Rather, they are certified and registered with the Behavior Analyst Certification Board (BACB), a national non-profit corporation founded in 1988 whose primary function is to operate certification programs for people in the applied behavior analysis field. In this role, BACB establishes entry–level eligibility standards for education and training AND provides a mechanism to address behavior analysis practitioners who violate BACB ethics codes.^[1]

According to BACB, “a registered behavior technician is a paraprofessional certified in behavior analysis. RBTs assist in delivering behavior-analytic services and practice under the direction and close supervision of an RBT Supervisor and/or an RBT Requirements Coordinator, who are responsible for all work RBTs perform.” Additionally, BACB’s Registered Behavior Technician Handbook lists eligibility requirements for obtaining an RBT certification which includes completing and passing a criminal background check and an abuse registry check no more than 180 days prior to paying for the RBT certification application, but notes that the BACB does not require fingerprinting and this requirement may vary by state and organization. (RBT Handbook, Behavior Analyst Certification Board, p. 3, updated January 2026.)

This bill would require persons who provide behavioral health treatment at a behavioral health center, facility, or program, who are not otherwise licensed through a state licensing agency to undergo a background check pursuant to existing Penal Code section 11105.3, which governs background checks not otherwise required by statute of persons who would have supervisory or disciplinary power over a minor or any person under their care. As discussed above, it appears that a registered behavior technician has to undergo a criminal background check as a part of their certification application however, it is unclear whether this is fingerprint-based and where the information is being pulled from. This bill would require the employer to also conduct a background check.

1. Double-Referral: This bill has been double-referred to this committee and the Human Services Committee. Should this bill pass out of this committee, it will be referred to Human Services Committee where it will be analyzed for issues pertaining to that committee’s jurisdiction.
2. Argument in Support: According to California Association for Behavior Analysis, “This critical measure will help ensure the safety and well-being of vulnerable individuals receiving care by preventing those with a history of crimes involving minors from working in these settings.

“The California Association for Behavior Analysis (CalABA) is the professional membership association representing over 31,000 practitioners of behavior analysis in California. Our mission is to advance, promote, and protect the science and practice of behavior analysis. Many of our members provide behavioral health treatment to individuals with developmental disabilities such as autism and intellectual disabilities. We recognize the importance of implementing clear and enforceable safety measures within behavioral health services to protect the individuals we serve, particularly children and individuals with disabilities.

“By requiring employers to conduct background checks, AB 277 aligns behavioral health settings with the existing standards of other healthcare and educational institutions. This legislation will promote employer accountability, strengthen public trust, and, most importantly, enhance consumer protection.”

1. Related Legislation: None.
   
2. Prior Legislation: AB 1715 (Holden), of the 2015-16 Legislative session, would have established a Behavior Analyst category of licensure to be administered by the Board of Psychology. AB 1715 was held in the Senate Committee on Business, Professions, and Economic Development.
   

REGISTERED SUPPORT / OPPOSITION:

Support

Association of Regional Center Agencies

Autism Speaks

Autism Spectrum Therapies

California Association for Behavior Analysis

Counsel of Autism Service Providers

The Arc and United Cerebral Palsy California Collaboration

Opposition

None received

Analysis Prepared by:

Stella Choe / PUB. S. / (916) 319-3744

1. See The BACB: What It Is, What It Does, and Why., BACB (July 9, 2020) <https://www.bacb.com/the-bacb-what-it-is-what-it-does-and-why/> [last visited Jan. 8, 2026]. ↑

Date of Hearing: January 13, 2026

ASSEMBLY COMMITTEE ON HUMAN SERVICES

Alex Lee, Chair

ABPCA Bill Id:AB 277 (

Author:Alanis) – As Amended Ver:January 5, 2026

SUBJECT: Behavioral health centers, facilities, and programs: background checks

SUMMARY: Requires a person who provides behavioral health treatment for a behavioral health center, facility, or program to undergo a background check; exempts a person who holds a current and valid license issued by a California state licensing board, if the licensure process includes a fingerprint-based background check and the license is in good standing.

EXISTING LAW:

1. Permits a human resource agency or an employer to request from the Department of Justice (DOJ) records of all convictions or any arrest pending adjudication involving specified offenses of a person who applies for a license, employment, or volunteer position, in which they would have supervisory or disciplinary power over a minor or any person under their care. (Penal Code § 11105.3(a))
2. Requires, among other licensing boards, the Board of Behavioral Sciences, Physical Therapy Board of California, Speech-Language Pathology and Audiology and Hearing Aid Dispensers Board, California Board of Occupational Therapy, and Board of Psychology to require an applicant to furnish to the agency a full set of fingerprints for purposes of conducting criminal history record checks. (Business and Professions Code § 144)
3. Requires self-determination program (SDP) providers to obtain a criminal background check. (Welfare and Institutions Code § 4685.8 (v))
4. Requires an applicant or vendor for a regional center to disclose, among other things:
   1. The name, title and address of any person(s) who, as applicant or vendor, or who has ownership or control interest in the applicant or vendor, or is an agent, director, member of the board of directors, officer, or managing employee of the applicant or vendor, has within the previous ten years:
      1. Been convicted of any felony or misdemeanor involving fraud or abuse in any government program, or related to neglect or abuse of an elder or dependent adult or child, or in any connection with the interference with, or obstruction of, any investigation into health care related fraud or abuse;
      2. Been found liable in any civil proceeding for fraud or abuse involving any government program; or,
      3. Entered into a settlement in lieu of conviction involving fraud or abuse in any government program. (Title 17, California Code of Regulations, Section 54311(a)(6))
5. Defines “behavioral health treatment” as professional services and treatment programs, including applied behavior analysis and evidence-based behavior intervention programs, that develop or restore, to the maximum extent practicable, the functioning of an individual with pervasive developmental disorder or autism and that meet all of the following criteria:
6. The treatment is prescribed by a physician and licensed surgeon or is developed by a licensed psychologist;
7. The treatment is provided under a treatment plan prescribed by a qualified autism service provider and is administered by one of the following:
8. A qualified autism service provider;
9. A qualified autism service professional supervised by the qualified autism service provider; or,
10. A qualified autism service paraprofessional supervised by a qualified autism service provider or qualified autism service professional;
11. The treatment plan has measurable goals over a specific timeline that is developed and approved by the qualified autism service provider for the specific patient being treated. Requires the treatment plan to be reviewed no less than once every six months by the qualified autism service provider and modified whenever appropriate, and be consistent with existing law to which the qualified autism service provider does all of the following:
12. Describes the patient’s behavioral health impairments or developmental challenges that are to be treated;
13. Designs an intervention plan that includes the service type, number of hours, and parent participation needed to achieve the plan’s goal and objectives, and the frequency at which the patient’s progress is evaluated and reported;
14. Provides intervention plans that utilize evidence-based practices, with demonstrated clinical efficacy in treating pervasive developmental disorder or autism; and,
15. Discontinues intensive behavioral intervention services when the treatment goals and objectives are achieved or no longer appropriate.
16. The treatment plan is not used for purposes of providing or for the reimbursement of respite, daycare, or educational services and is not used to reimburse a parent for participating in the treatment program. The treatment plan shall be made available to the health care service plan upon request. (Health and Safety Code § 1374.73(d)(1))

FISCAL EFFECT: Unknown, this bill has not been analyzed by a fiscal committee.

COMMENTS: Providers in Behavioral Health Facilities. Psychiatrists, psychologists, social workers, counselors, and peer support specialists work at behavioral health centers to provide the range of services clients need. In order to provide treatment, a person must be licensed by their respective professional licensing board. Further, as described in existing law, licensees are currently required to undergo a criminal history check prior to a license being issued. Licensees can be denied a license when:

• The applicant was convicted of a crime within the seven years preceding the date of application; and,
• That crime is substantially related to the qualifications, functions, or duties of the business or profession for which the application is made.

There are two exceptions to the seven-year lookback: 1) A serious felony conviction or a crime for which registration as a sex offender is required. 2) Convictions for these types of crimes can lead to a denial regardless of how long ago the conviction occurred.

Regional Center Vendor and Service Providers. Vendorization is the process for identification, selection, and utilization of service providers based on the qualifications and other requirements necessary in order to provide the services. The vendorization process allows regional centers to verify, prior to the provision of services to consumers, that an applicant meets all of the requirements and standards specified in regulations. Applicants who meet the specified requirements and standards are assigned a service code and a unique vendor identification number.

Service providers are vendored by the regional center in whose catchment area the service is located, known as the vendoring regional center. The vendoring regional center is responsible for ensuring that the applicant meets licensing and Title 17 requirements for vendorization, determining the appropriate vendor category for the service to be provided, and approving or disapproving vendorization based upon their review of the documentation submitted by the applicant.

Title 17 requirements include disclosing criminal activity involving abuse or neglect involving minors and elders. Further, regional centers require background checks for vendors. For example, the Regional Center of Orange County (RCOC) policy states:

“All RCOC vendors shall obtain criminal background checks prior to hire for all employees who provide direct services to RCOC persons served. The background checks shall include, at a minimum, a nationwide criminal history search covering felonies and misdemeanors, as well as a sex offender registry search. Background checks mandated by California Code of Regulations Title 77, or Title 22 and conducted through the California Department of Justice shall satisfy this requirement. Vendors shall comply with all applicable federal, state, and local laws and regulations regarding background checks and the use of information obtained through background checks.”

Service providers under the SDP are required to have background checks. The following individuals are required by the Department of Developmental Services to get a criminal background check:

• Any employee of an SDP participant who will provide direct personal care services. This does not include family members who are paid to provide direct personal care services who live in the same home as the participant.
• Any employee of a provider that is not a regional center vendor and will be providing direct personal care services to an SDP participant.

This bill would require behavioral health providers for a behavioral health center, facility, or program to undergo subsequent background checks.

Registered Behavioral Technicians (RBTs). RBTs assist in delivering behavior-analytic services and practice under the direction and close supervision of Board Certified Behavior Analyst. In California, RBTs are not required to become licensed by a state licensing board. However, they are certified by an outside entity, the Behavior Analyst Certification Board (BACB). According to BACB, in order to become eligible for certification, “an applicant must no more than 180 days prior to paying for your RBT certification application, you must complete and pass a criminal background check and an abuse registry check comparable to those required of home health aides, child care professionals, and teachers in the community where you will provide services.”

According to the Author, the lack of licensure for RBTs created a loophole due a lack of background checks. However, as noted by BACB, it is a condition of certification. It is unclear the value of an additional background check.

Purpose of Background Checks. According to the DOJ, “Securing a criminal background check prior to employment, licensure, or certification provides a hiring or licensing authority an important resource, which aids in the evaluation of the applicant. These applicants are often candidates for positions that place them in a position of trust for some of California’s most vulnerable citizenry, elderly, and dependent adults and children. Entrusting applicants with the responsibility of the position prior to a criminal background check potentially jeopardizes the safety and integrity of the workplace and may leave some individuals exposed to unnecessary harm. Employment and licensing authorities may also face legal liability if applicants with specified active arrests or convictions are employed or licensed when statute prohibits such action based on the successful completion of a criminal background check.”

Author’s Statement: According to the Author, “California has been a long-time advocate for those with disabilities, but there is still work to be done. [Autism Spectrum Disorder] has become increasingly prevalent among people of color and lower-income communities while rates of child abuse have stayed high among females and Hispanic children. The ongoing phenomenon of child abuse – specifically against children with developmental disabilities – is unacceptable, and [this bill] is an important stepping stone to prevent bad actors from being in close proximity to vulnerable children.”

Equity Implications: This bill will limit who is permitted to provide behavioral health treatment for a behavioral health center, facility, or program, and aims to protect consumers with disabilities.

Double referral: This bill is set to be heard by the Assembly Committee on Public Safety on January 13, 2026.

RELATED AND PRIOR LEGISLATION:

AB 1715 (Holden) of 2016, would have established a Behavior Analyst category of licensure to be administered by the Board of Psychology. AB 1715 was referred to the Senate Committee on Business, Professions, and Economic Development but was not set for hearing.

REGISTERED SUPPORT / OPPOSITION:

Support

Association of Regional Center Agencies
Autism Speaks
Autism Spectrum Therapies
California Association for Behavior Analysis
Council of Autism Service Providers (CASP)
The Arc and United Cerebral Palsy California Collaboration

Opposition

None on file.

Analysis Prepared by: Alexandria Smith / HUM. S. / (916) 319-2089