Amended in Senate June 22, 2015

Amended in Assembly May 28, 2015

Amended in Assembly April 9, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 483

Introduced by Assembly Member Patterson

(Principal coauthor: Assembly Member Gordon)

(Coauthors: Assembly Members Chang, Chávez, Grove, Obernolte, Waldron, and Wilk)

(Coauthor: Senator Anderson)

February 23, 2015

An act to amend Sections 1724, 1944, 2456.1, begin delete 2538.57, end delete 2570.16, 2688, 4842.5, 4905, 4970, and 5604 of the Business and Professions Code, relating to healing arts.

LEGISLATIVE COUNSEL’S DIGEST

AB 483, as amended, Patterson. Healing arts: initial license fees: proration.

Existing law provides for the regulation and licensure of various professions and vocations by boards within the Department of Consumer Affairs. Existing law establishes fees for initial licenses, initial temporary and permanent licenses, and original licenses for those various professions and vocations. Existing law requires that licenses issued to certain licensees, including, among others, architects, acupuncturists, dental hygienists, dentists, begin delete hearing aid dispensers, end delete occupational therapists, osteopathic physicians and surgeons, physical therapists, and veterinarians, expire at 12 a.m. on either the last day of the birth month of the licensee or at 12 a.m. of the legal birth date of the licensee during the 2nd year of a 2-year term, if not renewed.

This bill would require that the fees imposed on these licensees for an initial begin delete license, an initial temporary or permanent license, end delete begin insert license end insert or an original license be prorated on a monthly basis. The bill would require that the fee assessed an osteopathic physician and surgeon for license renewal be prorated on a monthly basis.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

SECTION 1.  

Section 1724 of the Business and Professions
Code is amended to read:

1724.  

The amount of charges and fees for dentists licensed
pursuant to this chapter shall be established by the board as is
necessary for the purpose of carrying out the responsibilities
required by this chapter as it relates to dentists, subject to the
following limitations:

(a) The fee for application for examination shall not exceed five
hundred dollars ($500).

(b) The fee for application for reexamination shall not exceed
one hundred dollars ($100).

(c) The fee for examination and for reexamination shall not
exceed eight hundred dollars ($800). Applicants who are found to
be ineligible to take the examination shall be entitled to a refund
in an amount fixed by the board.

(d) The fee for an initial license and for the renewal of a license
is five hundred twenty-five dollars ($525). The fee for an initial
license fee shall be prorated on a monthly basis.

(e) The fee for a special permit shall not exceed three hundred
dollars ($300), and the renewal fee for a special permit shall not
exceed one hundred dollars ($100).

(f) The delinquency fee shall be the amount prescribed by
Section 163.5.

(g) The penalty for late registration of change of place of
practice shall not exceed seventy-five dollars ($75).

(h) The application fee for permission to conduct an additional
place of practice shall not exceed two hundred dollars ($200).

(i) The renewal fee for an additional place of practice shall not
exceed one hundred dollars ($100).

(j) The fee for issuance of a substitute certificate shall not exceed
one hundred twenty-five dollars ($125).

(k) The fee for a provider of continuing education shall not
exceed two hundred fifty dollars ($250) per year.

(l) The fee for application for a referral service permit and for
renewal of that permit shall not exceed twenty-five dollars ($25).

(m) The fee for application for an extramural facility permit
and for the renewal of a permit shall not exceed twenty-five dollars
($25).

The board shall report to the appropriate fiscal committees of
each house of the Legislature whenever the board increases any
fee pursuant to this section and shall specify the rationale and
justification for that increase.

SEC. 2.  

Section 1944 of the Business and Professions Code is
amended to read:

1944.  

(a) The committee shall establish by resolution the
amount of the fees that relate to the licensing of a registered dental
hygienist, a registered dental hygienist in alternative practice, and
a registered dental hygienist in extended functions. The fees
established by board resolution in effect on June 30, 2009, as they
relate to the licensure of registered dental hygienists, registered
dental hygienists in alternative practice, and registered dental
hygienists in extended functions, shall remain in effect until
modified by the committee. The fees are subject to the following
limitations:

(1) The application fee for an original license and the fee for
the issuance of an original license shall not exceed two hundred
fifty dollars ($250). The fee for the issuance of an original license
shall be prorated on a monthly basis.

(2) The fee for examination for licensure as a registered dental
hygienist shall not exceed the actual cost of the examination.

(3) For third- and fourth-year dental students, the fee for
examination for licensure as a registered dental hygienist shall not
exceed the actual cost of the examination.

(4) The fee for examination for licensure as a registered dental
hygienist in extended functions shall not exceed the actual cost of
the examination.

(5) The fee for examination for licensure as a registered dental
hygienist in alternative practice shall not exceed the actual cost of
administering the examination.

(6) The biennial renewal fee shall not exceed one hundred sixty
dollars ($160).

(7) The delinquency fee shall not exceed one-half of the renewal
fee. Any delinquent license may be restored only upon payment
of all fees, including the delinquency fee, and compliance with all
other applicable requirements of this article.

(8) The fee for issuance of a duplicate license to replace one
that is lost or destroyed, or in the event of a name change, shall
not exceed twenty-five dollars ($25) or one-half of the renewal
fee, whichever is greater.

(9) The fee for certification of licensure shall not exceed one-half
of the renewal fee.

(10) The fee for each curriculum review and site evaluation for
educational programs for dental hygienists who are not accredited
by a committee-approved agency shall not exceed two thousand
one hundred dollars ($2,100).

(11) The fee for each review or approval of course requirements
for licensure or procedures that require additional training shall
not exceed seven hundred fifty dollars ($750).

(12) The initial application and biennial fee for a provider of
continuing education shall not exceed five hundred dollars ($500).

(13) The amount of fees payable in connection with permits
issued under Section 1962 is as follows:

(A) The initial permit fee is an amount equal to the renewal fee
for the applicant’s license to practice dental hygiene in effect on
the last regular renewal date before the date on which the permit
is issued.

(B) If the permit will expire less than one year after its issuance,
then the initial permit fee is an amount equal to 50 percent of the
renewal fee in effect on the last regular renewal date before the
date on which the permit is issued.

(b) The renewal and delinquency fees shall be fixed by the
committee by resolution at not more than the current amount of
the renewal fee for a license to practice under this article nor less
than five dollars ($5).

(c) Fees fixed by the committee by resolution pursuant to this
section shall not be subject to the approval of the Office of
Administrative Law.

(d) Fees collected pursuant to this section shall be collected by
the committee and deposited into the State Dental Hygiene Fund,
which is hereby created. All money in this fund shall, upon
appropriation by the Legislature in the annual Budget Act, be used
to implement this article.

(e) No fees or charges other than those listed in this section shall
be levied by the committee in connection with the licensure of
registered dental hygienists, registered dental hygienists in
alternative practice, or registered dental hygienists in extended
functions.

(f) The fee for registration of an extramural dental facility shall
not exceed two hundred fifty dollars ($250).

(g) The fee for registration of a mobile dental hygiene unit shall
not exceed one hundred fifty dollars ($150).

(h) The biennial renewal fee for a mobile dental hygiene unit
shall not exceed two hundred fifty dollars ($250).

(i) The fee for an additional office permit shall not exceed two
hundred fifty dollars ($250).

(j) The biennial renewal fee for an additional office as described
in Section 1926.4 shall not exceed two hundred fifty dollars ($250).

(k) The initial application and biennial special permit fee is an
amount equal to the biennial renewal fee specified in paragraph
(6) of subdivision (a).

(l) The fees in this section shall not exceed an amount sufficient
to cover the reasonable regulatory cost of carrying out this article.

SEC. 3.  

Section 2456.1 of the Business and Professions Code
is amended to read:

2456.1.  

(a) All osteopathic physician’s and surgeon’s
certificates shall expire at 12 midnight on the last day of the birth
month of the licensee during the second year of a two-year term
if not renewed on or before that day.

(b) The board shall establish by regulation procedures for the
administration of a birth date renewal program, including, but not
limited to, the establishment of a system of staggered license
expiration dates such that a relatively equal number of licenses
expire monthly.

(c) To renew an unexpired license, the licensee shall, on or
before the dates on which it would otherwise expire, apply for
renewal on a form prescribed by the board and pay the prescribed
renewal fee.

(d) The fee assessed pursuant to this section shall be prorated
on a monthly basis.

begin delete

SEC. 4.  

Section 2538.57 of the Business and Professions Code
is amended to read:

2538.57.  

The amount of fees and penalties prescribed by this
article shall be those set forth in this section unless a lower fee is
fixed by the board:

(a) The fee for applicants applying for the first time for a license
is seventy-five dollars ($75), which shall not be refunded, except
to applicants who are found to be ineligible to take an examination
for a license. Those applicants are entitled to a refund of fifty
dollars ($50).

(b) The fees for taking or retaking the written and practical
examinations shall be amounts fixed by the board, which shall be
equal to the actual cost of preparing, grading, analyzing, and
administering the examinations.

(c) The initial temporary license fee is one hundred dollars
($100). The fee for an initial temporary license shall be prorated
on a monthly basis. The fee for renewal of a temporary license is
one hundred dollars ($100) for each renewal.

(d) The initial permanent license fee is two hundred eighty
dollars ($280). The fee for an initial permanent license shall be
prorated on a monthly basis. The fee for renewal of a permanent
license is not more than two hundred eighty dollars ($280) for each
renewal.

(e) The initial branch office license fee is twenty-five dollars
($25). The fee for renewal of a branch office license is twenty-five
dollars ($25) for each renewal.

(f) The delinquency fee is twenty-five dollars ($25).

(g) The fee for issuance of a replacement license is twenty-five
dollars ($25).

(h) The continuing education course approval application fee
is fifty dollars ($50).

(i) The fee for official certification of licensure is fifteen dollars
($15).

end delete

begin delete SEC. 5. end delete
begin insert SEC. 4. end insert   

Section 2570.16 of the Business and Professions Code
is amended to read:

2570.16.  

Initial license and renewal fees shall be established
by the board in an amount that does not exceed a ceiling of one
hundred fifty dollars ($150) per year. The initial license fee shall
be prorated on a monthly basis. The board shall establish the
following additional fees:

(a) An application fee not to exceed fifty dollars ($50).

(b) A late renewal fee as provided for in Section 2570.10.

(c) A limited permit fee.

(d) A fee to collect fingerprints for criminal history record
checks.

begin delete SEC. 6. end delete
begin insert SEC. 5. end insert   

Section 2688 of the Business and Professions Code is
amended to read:

2688.  

The amount of fees assessed in connection with licenses
issued under this chapter is as follows:

(a) (1) The fee for an application for licensure as a physical
therapist submitted to the board prior to March 1, 2009, shall be
seventy-five dollars ($75). The fee for an application submitted
under Section 2653 to the board prior to March 1, 2009, shall be
one hundred twenty-five dollars ($125).

(2) The fee for an application for licensure as a physical therapist
submitted to the board on or after March 1, 2009, shall be one
hundred twenty-five dollars ($125). The fee for an application
submitted under Section 2653 to the board on or after March 1,
2009, shall be two hundred dollars ($200).

(3) Notwithstanding paragraphs (1) and (2), the board may
decrease or increase the amount of an application fee under this
subdivision to an amount that does not exceed the cost of
administering the application process, but in no event shall the
application fee amount exceed three hundred dollars ($300).

(b) The examination and reexamination fees for the physical
therapist examination, physical therapist assistant examination,
and the examination to demonstrate knowledge of the California
rules and regulations related to the practice of physical therapy
shall be the actual cost to the board of the development and writing
of, or purchase of the examination, and grading of each written
examination, plus the actual cost of administering each
examination. The board, at its discretion, may require the licensure
applicant to pay the fee for the examinations required by Section
2636 directly to the organization conducting the examination.

(c) (1) The fee for a physical therapist license issued prior to
March 1, 2009, shall be seventy-five dollars ($75).

(2) The fee for a physical therapist license issued on or after
March 1, 2009, shall be one hundred dollars ($100).

(3) Notwithstanding paragraphs (1) and (2), the board may
decrease or increase the amount of the fee under this subdivision
to an amount that does not exceed the cost of administering the
process to issue the license, but in no event shall the fee to issue
the license exceed one hundred fifty dollars ($150).

(4) The fee assessed pursuant to this subdivision for an initial
physical therapist license issued on or after January 1, 2016, shall
be prorated on a monthly basis.

(d) (1) The fee to renew a physical therapist license that expires
prior to April 1, 2009, shall be one hundred fifty dollars ($150).

(2) The fee to renew a physical therapist license that expires on
or after April 1, 2009, shall be two hundred dollars ($200).

(3) Notwithstanding paragraphs (1) and (2), the board may
decrease or increase the amount of the renewal fee under this
subdivision to an amount that does not exceed the cost of the
renewal process, but in no event shall the renewal fee amount
exceed three hundred dollars ($300).

(e) (1) The fee for application and for issuance of a physical
therapist assistant license shall be seventy-five dollars ($75) for
an application submitted to the board prior to March 1, 2009.

(2) The fee for application and for issuance of a physical
therapist assistant license shall be one hundred twenty-five dollars
($125) for an application submitted to the board on or after March
1, 2009. The fee for an application submitted under Section 2653
to the board on or after March 1, 2009, shall be two hundred dollars
($200).

(3) Notwithstanding paragraphs (1) and (2), the board may
decrease or increase the amount of the fee under this subdivision
to an amount that does not exceed the cost of administering the
application process, but in no event shall the application fee amount
exceed three hundred dollars ($300).

(f) (1) The fee to renew a physical therapist assistant license
that expires prior to April 1, 2009, shall be one hundred fifty dollars
($150).

(2) The fee to renew a physical therapist assistant license that
expires on or after April 1, 2009, shall be two hundred dollars
($200).

(3) Notwithstanding paragraphs (1) and (2), the board may
decrease or increase the amount of the renewal fee under this
subdivision to an amount that does not exceed the cost of the
renewal process, but in no event shall the renewal fee amount
exceed three hundred dollars ($300).

(g) Notwithstanding Section 163.5, the delinquency fee shall
be 50 percent of the renewal fee in effect.

(h) (1) The duplicate wall certificate fee shall be fifty dollars
($50). The duplicate renewal receipt fee amount shall be fifty
dollars ($50).

(2) Notwithstanding paragraph (1), the board may decrease or
increase the amount of the fee under this subdivision to an amount
that does not exceed the cost of issuing duplicates, but in no event
shall that fee exceed one hundred dollars ($100).

(i) (1) The endorsement or letter of good standing fee shall be
sixty dollars ($60).

(2) Notwithstanding paragraph (1), the board may decrease or
increase the amount of the fee under this subdivision to an amount
that does not exceed the cost of issuing an endorsement or letter,
but in no event shall the fee amount exceed one hundred dollars
($100).

begin delete SEC. 7. end delete
begin insert SEC. 6. end insert   

Section 4842.5 of the Business and Professions Code
is amended to read:

4842.5.  

The amount of fees prescribed by this article is fixed
by the following schedule:

(a) The fee for filing an application for examination shall be set
by the board in an amount it determines is reasonably necessary
to provide sufficient funds to carry out the purposes of this chapter,
not to exceed three hundred fifty dollars ($350).

(b) The fee for the California registered veterinary technician
examination shall be set by the board in an amount it determines
is reasonably necessary to provide sufficient funds to carry out the
purposes of this chapter, not to exceed three hundred dollars ($300).

(c) The initial registration fee shall be set by the board at not
more than three hundred fifty dollars ($350) and shall be prorated
on a monthly basis. The board may adopt regulations to provide
for the waiver or refund of the initial registration fee when the
registration is issued less than 45 days before the date on which it
will expire.

(d) The biennial renewal fee shall be set by the board at not
more than three hundred fifty dollars ($350).

(e) The delinquency fee shall be set by the board at not more
than fifty dollars ($50).

(f) Any charge made for duplication or other services shall be
set at the cost of rendering the services.

(g) The fee for filing an application for approval of a school or
institution offering a curriculum for training registered veterinary
technicians pursuant to Section 4843 shall be set by the board at
an amount not to exceed three hundred dollars ($300). The school
or institution shall also pay for the actual costs of an onsite
inspection conducted by the board pursuant to Section 2065.6 of
Title 16 of the California Code of Regulations, including, but not
limited to, the travel, food, and lodging expenses incurred by an
inspection team sent by the board.

(h) The fee for failure to report a change in the mailing address
is twenty-five dollars ($25).

begin delete SEC. 8. end delete
begin insert SEC. 7. end insert   

Section 4905 of the Business and Professions Code is
amended to read:

4905.  

The following fees shall be collected by the board and
shall be credited to the Veterinary Medical Board Contingent Fund:

(a) The fee for filing an application for examination shall be set
by the board in an amount it determines is reasonably necessary
to provide sufficient funds to carry out the purpose of this chapter,
not to exceed three hundred fifty dollars ($350).

(b) The fee for the California state board examination shall be
set by the board in an amount it determines is reasonably necessary
to provide sufficient funds to carry out the purpose of this chapter,
not to exceed three hundred fifty dollars ($350).

(c) The fee for the Veterinary Medicine Practice Act
examination shall be set by the board in an amount it determines
reasonably necessary to provide sufficient funds to carry out the
purpose of this chapter, not to exceed one hundred dollars ($100).

(d) The initial license fee shall be set by the board not to exceed
five hundred dollars ($500) and shall be prorated on a monthly
basis. The board, by appropriate regulation, may provide for the
waiver or refund of the initial license fee when the license is issued
less than 45 days before the date on which it will expire.

(e) The renewal fee shall be set by the board for each biennial
renewal period in an amount it determines is reasonably necessary
to provide sufficient funds to carry out the purpose of this chapter,
not to exceed five hundred dollars ($500).

(f) The temporary license fee shall be set by the board in an
amount it determines is reasonably necessary to provide sufficient
funds to carry out the purpose of this chapter, not to exceed two
hundred fifty dollars ($250).

(g) The delinquency fee shall be set by the board, not to exceed
fifty dollars ($50).

(h) The fee for issuance of a duplicate license is twenty-five
dollars ($25).

(i) Any charge made for duplication or other services shall be
set at the cost of rendering the service, except as specified in
subdivision (h).

(j) The fee for failure to report a change in the mailing address
is twenty-five dollars ($25).

(k) The initial and annual renewal fees for registration of
veterinary premises shall be set by the board in an amount not to
exceed four hundred dollars ($400) annually.

(l) If the money transferred from the Veterinary Medical Board
Contingent Fund to the General Fund pursuant to the Budget Act
of 1991 is redeposited into the Veterinary Medical Board
Contingent Fund, the fees assessed by the board shall be reduced
correspondingly. However, the reduction shall not be so great as
to cause the Veterinary Medical Board Contingent Fund to have
a reserve of less than three months of annual authorized board
expenditures. The fees set by the board shall not result in a
Veterinary Medical Board Contingent Fund reserve of more than
10 months of annual authorized board expenditures.

begin delete SEC. 9. end delete
begin insert SEC. 8. end insert   

Section 4970 of the Business and Professions Code is
amended to read:

4970.  

The amount of fees prescribed for licensed acupuncturists
shall be those set forth in this section unless a lower fee is fixed
by the board in accordance with Section 4972.

(a) The application fee shall be seventy-five dollars ($75).

(b) The examination and reexamination fees shall be the actual
cost to the Acupuncture Board for the development and writing
of, grading, and administering of each examination.

(c) The initial license fee shall be three hundred twenty-five
dollars ($325) and shall be prorated on a monthly basis.

(d) The renewal fee shall be three hundred twenty-five dollars
($325) and in the event a lower fee is fixed by the board, shall be
an amount sufficient to support the functions of the board in the
administration of this chapter. The renewal fee shall be assessed
on an annual basis until January 1, 1996, and on and after that date
the board shall assess the renewal fee biennially.

(e) The delinquency fee shall be set in accordance with Section
163.5.

(f) The application fee for the approval of a school or college
under Section 4939 shall be three thousand dollars ($3,000). This
subdivision shall become inoperative on January 1, 2017.

(g) The duplicate wall license fee is an amount equal to the cost
to the board for the issuance of the duplicate license.

(h) The duplicate renewal receipt fee is ten dollars ($10).

(i) The endorsement fee is ten dollars ($10).

(j) The fee for a duplicate license for an additional office
location as required under Section 4961 shall be fifteen dollars
($15).

begin delete SEC. 10. end delete
begin insert SEC. 9. end insert   

Section 5604 of the Business and Professions Code is
amended to read:

5604.  

The fees prescribed by this chapter for architect
applicants or architect licenseholders shall be fixed by the board
as follows:

(a) The application fee for reviewing a candidate’s eligibility
to take any section of the examination shall not exceed one hundred
dollars ($100).

(b) The fee for any section of the examination administered by
the board shall not exceed one hundred dollars ($100).

(c) The fee for an original license at an amount equal to the
renewal fee in effect at the time the license is issued. The fee for
an original license shall be prorated on a monthly basis. The board,
by appropriate regulation, may provide for the waiver or refund
of the fee for an original license if the license is issued less than
45 days before the date on which it will expire.

(d) The fee for an application for reciprocity shall not exceed
one hundred dollars ($100).

(e) The fee for a duplicate license shall not exceed twenty-five
dollars ($25).

(f) The renewal fee shall not exceed four hundred dollars ($400).

(g) The delinquency fee shall not exceed 50 percent of the
renewal fee.

(h) The fee for a retired license shall not exceed the fee
prescribed in subdivision (c).