Bus. & Prof. Code, § 123 · Chapter 1. The Department
Bus. & Prof. Code, § 123
Text — As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
It is a misdemeanor for any person to engage in any conduct which subverts or attempts to subvert any licensing examination or the administration of an examination, including, but not limited to:
(a) Conduct which violates the security of the examination materials; removing from the examination room any examination materials without authorization; the unauthorized reproduction by any means of any portion of the actual licensing examination; aiding by any means the unauthorized reproduction of any portion of the actual licensing examination; paying or using professional or paid examination-takers for the purpose of reconstructing any portion of the licensing examination; obtaining examination questions or other examination material, except by specific authorization either before, during, or after an examination; or using or purporting to use any examination questions or materials which were improperly removed or taken from any examination for the purpose of instructing or preparing any applicant for examination; or selling, distributing, buying, receiving, or having unauthorized possession of any portion of a future, current, or previously administered licensing examination.
(b) Communicating with any other examinee during the administration of a licensing examination; copying answers from another examinee or permitting one’s answers to be copied by another examinee; having in one’s possession during the administration of the licensing 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; or impersonating any examinee or having an impersonator take the licensing examination on one’s behalf.
Nothing in this section shall preclude prosecution under the authority provided for in any other provision of law.
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.
(c) If any provision of this section or the application thereof to any person or circumstances is held invalid, that invalidity shall not affect other provisions or applications of the section that can be given effect without the invalid provision or application, and to this end the provisions of this section are severable.
Notes and commentary — not statutory text
History
Amended by Stats. 1991, Ch. 647, Sec. 1.
Source of truth
- Edition
- As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
- Official file
- https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=BPC§ionNum=123.
- Text hash
- sha256 3e23bb2efabc07e0abb9c759e43e94cf18f6ef9729e969c9f1ff0d8f5a06e255
- Composed by
- compose_ca.py 2026-10-22: the Legislative Counsel's CAML content files read by a tokenizer (caml_readers.reader_a); an independent xml.etree reading (caml_readers.reader_b) agrees on every section
Cited by 9 provisions
Provisions in this library whose text cites Bus. & Prof. Code, § 123. Each shows the citation as that text prints it.
Business and Professions Code
- Bus. & Prof. Code, § 123.5Printed as Section 123
- Bus. & Prof. Code, § 496Printed as Section 123
- Bus. & Prof. Code, § 584Printed as Section 123
- Bus. & Prof. Code, § 2660.7Printed as Section 123
- Bus. & Prof. Code, § 4982Printed as Section 123
- Bus. & Prof. Code, § 4989.54Printed as Section 123
- Bus. & Prof. Code, § 4992.3Printed as Section 123
- Bus. & Prof. Code, § 4999.90Printed as Section 123
- Bus. & Prof. Code, § 5110Printed as Sections 123, 480, and 496
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.