(a) It is a misdemeanor for any person to knowingly and willfully engage in conduct that subverts or attempts to subvert any licensing or certification examination, or the administration of any licensing or certification examination, conducted pursuant to this division, including, but not limited to, any of the following:
(1) Conduct that violates the security of the examination material.
(2) Removing from the examination room any examination materials without authorization.
(3) The unauthorized reproduction by any means of any portion of the actual licensing or certification examination.
(4) Aiding by any means the unauthorized reproduction of any portion of the actual licensing or certification examination.
(5) Paying or using professional or paid examination-takers, for the purpose of reconstructing any portion of the licensing or certification examination.
(6) Obtaining or attempting to obtain examination questions or other examination material from examinees or by any other method, except by specific authorization either before, during, or after an examination.
(7) Using or purporting to use any examination questions or materials that were improperly removed or taken from any examination for the purpose of instructing or preparing any applicant for examination.
(8) Selling, distributing, buying, receiving, or having unauthorized possession of any portion of a future, current, or previously administered licensing or certification examination.
(9) Communicating with any other examinee during the administration of a licensing or certification examination.
(10) Copying answers from another examinee or permitting one’s answers to be copied by another examinee.
(11) Having in one’s possession during the administration of the licensing or certification examination any books, equipment, notes written or printed materials, or data of any kind, other than the examination materials distributed, or otherwise authorized to be in one’s possession during the examination.
(12) Impersonating any examinee or having an impersonator take the licensing or certification examination on one’s behalf.
(b) The penalties provided in this section are not exclusive remedies and shall not preclude remedies provided pursuant to any other provision of law.
(c) In addition to any other penalties, a person found guilty of violating this section shall be liable for the actual damages sustained by the agency administering the examination not to exceed ten thousand dollars ($10,000) and the costs of litigation.
(Added by Stats. 1992, Ch. 215, Sec. 1. Effective January 1, 1993.)
Last modified: October 25, 2018