Amended in Senate April 7, 2016

Senate BillNo. 1039


Introduced by Senator Hill

February 12, 2016


An act to amend Sections 1636.4,begin insert 2423, 2460, 2461, 2475, 2479, 2486, 2488, 2492, 2499, 2733, 2746.51, 2786.5, 2811,end insert 2811.5,begin insert 2815, 2815.5, 2816, 2830.7, 2836.3, 2838.2, 4128.2, 7137, 7153.3, 8031,end insert 8516, 8518, and 8555begin delete ofend deletebegin insert of, to amend, repeal, and add Section 4400 of, to add Section 2499.7 to, and to repeal Chapter 15 (commencing with Section 4999) of Division 2 of, end insert the Business and Professions Code,begin insert to repeal Section 1348.8 of the Health and Safety Code, and to repeal Section 10279 of the Insurance Code,end insert relating to professions and vocations, and making an appropriation therefor.

LEGISLATIVE COUNSEL’S DIGEST

SB 1039, as amended, Hill. Professions and vocations.

(1) Existing law requires the Office of Statewide Health Planning and Development to establish the Health Professions Education Foundation to, among other things, solicit and receive funds for the purpose of providing scholarships, as specified.

The bill would state the intent of the Legislature to enact future legislation that would establish a Dental Corps Scholarship Program, as specified, to increase the supply of dentists serving in medically underserved areas.

(2) The Dental Practice Act provides for the licensure and regulation of persons engaged in the practice of dentistry by the Dental Board of California, which is within the Department of Consumer Affairs, and requires the board to be responsible for the approval of foreign dental schools by evaluating foreign dental schools based on specified criteria. That act authorizes the board to contract with outside consultants or a national professional organization to survey and evaluate foreign dental schools, as specified. That act requires the board to establish a technical advisory group to review the survey and evaluation contracted for prior to the board taking any final action regarding a foreign dental school. That act also requires periodic surveys and evaluations of all approved schools be made to ensure compliance with the act.

This bill would delete the authorization to contract with outside consultants and would instead authorize the board, in lieu of conducting its own survey and evaluation of a foreign dental school, to accept the findings of any commission or accreditation agency approved by the board, if the findings meet specifiedbegin delete standards,end deletebegin insert standards and the foreign dental school is not under review by the board on January 1, 2017,end insert and adopt those findings as the board’s own. The bill would delete the requirement to establish a technical advisory group. The bill would instead authorize periodic surveys and evaluations be made to ensure compliance with that act.

begin insert

(3) The Medical Practice Act creates, within the jurisdiction of the Medical Board of California, the California Board of Podiatric Medicine. Under the act, certificates to practice podiatric medicine and registrations of spectacle lens dispensers and contact lens dispensers, among others, expire on a certain date during the second year of a 2-year term if not renewed.

end insert
begin insert

This bill would instead create the California Board of Podiatric Medicine in the Department of Consumer Affairs, and would make conforming and related changes. The bill would discontinue the above-described requirement for the expiration of the registrations of spectacle lens dispensers and contact lens dispensers.

end insert
begin delete

(3)

end delete

begin insert(4)end insert The Nursing Practice Act provides for the licensure and regulation of nurse practitioners by the Board of Registered Nursing, which is within the Department of Consumer Affairs, and requires the board to adopt regulations establishing standards for continuing education for licensees, as specified. That act requires providers of continuing education programs approved by the board to make records of continuing education courses given to registered nurses available for board inspection.begin insert That act also prescribes various fees to be paid by licensees and applicants for licensure, and requires these fees to be credited to the Board of Registered Nursing Fund, which is a continuously appropriated fund as it pertains to fees collected by the board.end insert

This bill would require that the content of a continuing education course be based on generally accepted scientific principles. The bill would also require the board to audit continuing education providers, at least once every 5 years, to ensure adherence to regulatory requirements, and to withhold or rescind approval from any provider that is in violation of regulatory requirements.begin insert The bill would raise specified fees, and would provide for additional fees, to be paid by licensees and applicants for licensure pursuant to that act. By increasing fees deposited into a continuously appropriated fund, this bill would make an appropriation.end insert

begin insert

(5) The Pharmacy Law provides for the licensure and regulation of pharmacists by the California State Board of Pharmacy within the Department of Consumer Affairs. That law prescribes various fees to be paid by licensees and applicants for licensure, and requires all fees collected on behalf of the board to be credited to the Pharmacy Board Contingent Fund, which is a continuously appropriated fund as it pertains to fees collected by the board.

end insert
begin insert

This bill would discontinue the fee for issuance or annual renewal of a centralized hospital packaging pharmacy license. The bill would, on and after July 1, 2017, also modify other specified fees to be paid by licensees and applicants for licensure pursuant to that act. By increasing fees deposited into a continuously appropriated fund, this bill would make an appropriation.

end insert
begin insert

(6) Existing law requires certain businesses that provide telephone medical advice services to a patient at a California address to be registered with the Telephone Medical Advice Services Bureau and further requires telephone medical advice services to comply with the requirements established by the Department of Consumer Affairs, among other provisions, as specified.

end insert
begin insert

This bill would repeal those provisions.

end insert
begin insert

(7) The Contractors’ State License Law provides for the licensure and regulation of contractors by the Contractors’ State License Board within the Department of Consumer Affairs. That law also prescribes various fees to be paid by licensees and applicants for licensure, and requires fees and civil penalties received under that law to be deposited in the Contractors’ License Fund, which is a continuously appropriated fund as it pertains to fees collected by the board.

end insert
begin insert

This bill would raise specified fees and would require the board to establish criteria for the approval of expedited processing of applications, as specified. By increasing fees deposited into a continuously appropriated fund, this bill would make an appropriation.

end insert
begin insert

(8) Existing law provides for the licensure and regulation of shorthand reporters by the Court Reporters Board of California within the Department of Consumer Affairs. That law authorizes the board, by resolution, to establish a fee for the renewal of a certificate issued by the board, and prohibits the fee from exceeding $125, as specified. Under existing law, all fees and revenues received by the board are deposited into the Court Reporters’ Fund, which is a continuously appropriated fund as it pertains to fees collected by the board.

end insert
begin insert

This bill would raise that fee limit to $250. By authorizing an increase in a fee deposited into a continuously appropriated fund, this bill would make an appropriation.

end insert
begin delete

(4)

end delete

begin insert(9)end insert Existing law provides for the licensure and regulation of structural pest control operators and registered companies by the Structural Pest Control Board, which is within the Department of Consumer Affairs, and requires a licensee to pay a specified license fee. Existing law makes any violation of those provisions punishable as a misdemeanor. Existing law places certain requirements on a registered company or licensee with regards to wood destroying pests or organisms, including that a registered company or licensee is prohibited from commencing work on a contract until an inspection has been made by a licensed Branch 3 field representative or operator, that the address of each property inspected or upon which work was completed is required to be reported to the board, as specified, and that a written inspection report be prepared and delivered to the person requesting the inspection or his or her agent. Existing law requires the original inspection report to be submitted to the board upon demand. Existing law requires that written report to contain certain information, including a foundation diagram or sketch of the structure or portions of the structure inspected, and requires the report, and any contract entered into, to expressly state if a guarantee for the work is made, and if so, the terms and time period of the guarantee. Existing law establishes the Structural Pest Control Fund, which is a continuously appropriated fund as it pertains to fees collected by the board.

This bill would require the operator who is conducting the inspection prior to the commencement of work to be employed by a registered company, except as specified. The bill would not require the address of an inspection report prepared for use by an attorney for litigation to be reported to the board or assessed a filing fee. The bill would require instead that the written inspection report be prepared and delivered to the person requesting it, the property owner, or the property owner’s designated agent, as specified. The bill would allow an inspection report to be a complete, limited, supplemental, or reinspection report, as defined. The bill would require all inspection reports to be submitted to the board and maintained with field notes, activity forms, and notices of completion until one year after the guarantee expires if the guarantee extends beyond 3 years. The bill would require the inspection report to clearly list the infested or infected wood members or parts of the structure identified in the required diagram or sketch. By placing new requirements on a registered company orbegin delete licenseeend deletebegin insert licensee,end insert this bill would expand an existing crime and would, therefore, impose a state-mandated local program.

Existing law requires a registered company to prepare a notice of work completed to give to the owner of the property when the work is completed.

This bill would make this provision only applicable to work relating to wood destroying pests and organisms.

Existing law provides that the laws governing structural pest control operators, including licensure,begin delete doesend deletebegin insert doend insert not apply to persons engaged in the live capture and removal of vertebrate pests, bees, or wasps from a structure without the use of pesticides.

This bill would instead apply those laws to persons that engage in the live capture and removal of vertebrate pests without the use of pesticides. By requiring persons thatbegin delete engagedend deletebegin insert engageend insert in the live capture and removal of vertebrate pests without the use of pesticides to comply with the laws governing structural pest control operators, this bill would expand an existing crime, and would, therefore, impose a state-mandated local program. By requiring thosebegin delete personend deletebegin insert personsend insert to be licensed, this bill would require them to pay abegin delete licenseeend deletebegin insert licenseend insert fee that would go into a continuously appropriated fund, which would, therefore, result in an appropriation.

begin delete

(5)

end delete

begin insert(10)end insert 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.

Vote: majority. Appropriation: yes. Fiscal committee: yes. State-mandated local program: yes.

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

P6    1

SECTION 1.  

It is the intent of the Legislature to enact future
2legislation that would establish a Dental Corps Scholarship
3Program within the Healthbegin delete andend delete Professions Education Foundation
4to increase the supply of dentists serving in medically underserved
5areas.

6

SEC. 2.  

Section 1636.4 of the Business and Professions Code
7 is amended to read:

8

1636.4.  

(a) The Legislature recognizes the need to ensure that
9graduates of foreign dental schools who have received an education
10that is equivalent to that of accredited institutions in the United
11States and that adequately prepares their students for the practice
12of dentistry shall be subject to the same licensure requirements as
13graduates of approved dental schools or colleges. It is the purpose
14of this section to provide for the evaluation of foreign dental
15schools and the approval of those foreign dental schools that
16provide an education that is equivalent to that of similar accredited
17institutions in the United States and that adequately prepare their
18students for the practice of dentistry.

19(b) The board shall be responsible for the approval of foreign
20dental schools based on standards established pursuant to
21subdivision (c). The board may, in lieu of conducting its own
22survey and evaluation of a foreign dental school, accept the
23findings of any commission or accreditation agency approved by
24the board if the findings meet the standards of subdivision (c) and
25adopt those findings as the board’s own.begin insert This subdivision shall
26not apply to foreign dental schools seeking board approval that
27are under review by the board on January 1, 2017.end insert

28(c) Any foreign dental school that wishes to be approved
29pursuant to this section shall make application to the board for this
30approval, which shall be based upon a finding by the board that
31the educational program of the foreign dental school is equivalent
32to that of similar accredited institutions in the United States and
33adequately prepares its students for the practice of dentistry.
34Curriculum, faculty qualifications, student attendance, plant and
35facilities, and other relevant factors shall be reviewed and
P7    1evaluated. The board shall identify by rule the standards and review
2procedures and methodology to be used in the approval process
3consistent with this subdivision. The board shall not grant approval
4if deficiencies found are of such magnitude as to prevent the
5students in the school from receiving an educational base suitable
6for the practice of dentistry.

7(d) Periodic surveys and evaluations of all approved schools
8may be made to ensure continued compliance with this section.
9Approval shall include provisional and full approval. The
10provisional form of approval shall be for a period determined by
11the board, not to exceed three years, and shall be granted to an
12institution, in accordance with rules established by the board, to
13provide reasonable time for the school seeking permanent approval
14to overcome deficiencies found by the board. Prior to the expiration
15of a provisional approval and before the full approval is granted,
16the school shall be required to submit evidence that deficiencies
17noted at the time of initial application have been remedied. A
18school granted full approval shall provide evidence of continued
19compliance with this section. In the event that the board denies
20approval or reapproval, the board shall give the school a specific
21listing of the deficiencies that caused the denial and the
22requirements for remedying the deficiencies, and shall permit the
23school, upon request, to demonstrate by satisfactory evidence,
24within 90 days, that it has remedied the deficiencies listed by the
25board.

26(e) A school shall pay a registration fee established by rule of
27the board, not to exceed one thousand dollars ($1,000), at the time
28of application for approval and shall pay all reasonable costs and
29expenses incurred for conducting the approval survey.

30(f) The board shall renew approval upon receipt of a renewal
31application, accompanied by a fee not to exceed five hundred
32dollars ($500). Each fully approved institution shall submit a
33renewal application every seven years. Any approval that is not
34renewed shall automatically expire.

35begin insert

begin insertSEC. 3.end insert  

end insert

begin insertSection 2423 of the end insertbegin insertBusiness and Professions Codeend insertbegin insert is
36amended to read:end insert

37

2423.  

(a) Notwithstanding Section 2422:

38(1) All physician and surgeon’sbegin delete certificates, certificates to
39practice podiatric medicine, registrations of spectacle lens
40dispensers and contact lens dispensers,end delete
begin insert certificatesend insert and certificates
P8    1to practice midwifery shall expire at 12 midnight on the last day
2of the birth month of the licensee during the second year of a
3two-year term if not renewed.

4(2) Registrations of dispensing opticians will expire at midnight
5on the last day of the month in which the license was issued during
6the second year of a two-year term if not renewed.

7(b) Thebegin delete Division of Licensingend deletebegin insert boardend insert shall establish by regulation
8procedures for the administration of a birth date renewal program,
9including, but not limited to, the establishment of a system of
10staggered license expiration dates such that a relatively equal
11number of licenses expire monthly.

12(c) To renew an unexpired license, the licensee shall, on or
13before the dates on which it would otherwise expire, apply for
14renewal on a form prescribed by the licensing authority and pay
15the prescribed renewal fee.

16begin insert

begin insertSEC. 4.end insert  

end insert

begin insertSection 2460 of the end insertbegin insertBusiness and Professions Codeend insertbegin insert is
17amended to read:end insert

18

2460.  

(a) There is created within thebegin delete jurisdiction of the Medical
19Board of California theend delete
begin insert Department of Consumer Affairs aend insert
20 California Board of Podiatric Medicine.

21(b) This section shall remain in effect only until January 1, 2017,
22and as of that date is repealed, unless a later enacted statute, that
23is enacted before January 1, 2017, deletes or extends that date.
24Notwithstanding any other provision of law, the repeal of this
25section renders the California Board of Podiatric Medicine subject
26to review by the appropriate policy committees of the Legislature.

27begin insert

begin insertSEC. 5.end insert  

end insert

begin insertSection 2461 of the end insertbegin insertBusiness and Professions Codeend insertbegin insert is
28amended to read:end insert

29

2461.  

As used in this article:

begin delete

30(a) “Division” means the Division of Licensing of the Medical
31Board of California.

end delete
begin delete

32(b)

end delete

33begin insert(a)end insert “Board” means the California Board of Podiatric Medicine.

begin delete

34(c)

end delete

35begin insert(b)end insert “Podiatric licensing authority” refers to any officer, board,
36commission, committee, or department of another state that may
37issue a license to practice podiatric medicine.

38begin insert

begin insertSEC. 6.end insert  

end insert

begin insertSection 2475 of the end insertbegin insertBusiness and Professions Codeend insertbegin insert is
39amended to read:end insert

P9    1

2475.  

Unless otherwise provided by law, no postgraduate
2trainee, intern, resident postdoctoral fellow, or instructor may
3engage in the practice of podiatric medicine, or receive
4compensation therefor, or offer to engage in the practice of
5podiatric medicine unless he or she holds a valid, unrevoked, and
6unsuspended certificate to practice podiatric medicine issued by
7thebegin delete division.end deletebegin insert board.end insert However, a graduate of an approved college
8or school of podiatric medicine upon whom the degree doctor of
9podiatric medicine has been conferred, who is issued a resident’s
10license, which may be renewed annually for up to eight years for
11this purpose by thebegin delete division upon recommendation of theend delete board,
12and who is enrolled in a postgraduate training program approved
13by the board, may engage in the practice of podiatric medicine
14whenever and wherever required as a part of that program and may
15receive compensation for that practice under the following
16conditions:

17(a) A graduate with a resident’s license in an approved
18internship, residency, or fellowship program may participate in
19training rotations outside the scope of podiatric medicine, under
20the supervision of a physician and surgeon who holds a medical
21doctor or doctor of osteopathy degree wherever and whenever
22required as a part of the training program, and may receive
23compensation for that practice. If the graduate fails to receive a
24license to practice podiatric medicine under this chapter within
25three years from the commencement of the postgraduate training,
26all privileges and exemptions under this section shall automatically
27cease.

28(b)  Hospitals functioning as a part of the teaching program of
29an approved college or school of podiatric medicine in this state
30may exchange instructors or resident or assistant resident doctors
31of podiatric medicine with another approved college or school of
32podiatric medicine not located in this state, or those hospitals may
33appoint a graduate of an approved school as such a resident for
34purposes of postgraduate training. Those instructors and residents
35may practice and be compensated as provided in this section, but
36that practice and compensation shall be for a period not to exceed
37two years.

38begin insert

begin insertSEC. 7.end insert  

end insert

begin insertSection 2479 of the end insertbegin insertBusiness and Professions Codeend insertbegin insert is
39amended to read:end insert

P10   1

2479.  

Thebegin delete division shall issue, upon the recommendation of
2the board,end delete
begin insert board shall issueend insert a certificate to practice podiatric
3medicine to each applicant who meets the requirements of this
4chapter. Every applicant for a certificate to practice podiatric
5medicine shall comply with the provisions of Article 4
6(commencing with Section 2080) which are not specifically
7applicable to applicants for a physician’s and surgeon’s certificate,
8in addition to the provisions of this article.

9begin insert

begin insertSEC. 8.end insert  

end insert

begin insertSection 2486 of the end insertbegin insertBusiness and Professions Codeend insertbegin insert is
10amended to read:end insert

11

2486.  

Thebegin delete Medical Board of California shall issue, upon the
12recommendation of the board,end delete
begin insert board shall issueend insert a certificate to
13practice podiatric medicine if the applicant has submitted directly
14to the board from the credentialing organizations verification that
15he or she meets all of the following requirements:

16(a) The applicant has graduated from an approved school or
17college of podiatric medicine and meets the requirements of Section
182483.

19(b) The applicant, within the past 10 years, has passed parts I,
20II, and III of the examination administered by the National Board
21of Podiatric Medical Examiners of the United States or has passed
22a written examination that is recognized by the board to be the
23equivalent in content to the examination administered by the
24National Board of Podiatric Medical Examiners of the United
25States.

26(c) The applicant has satisfactorily completed the postgraduate
27training required by Section 2484.

28(d) The applicant has passed within the past 10 years any oral
29and practical examination that may be required of all applicants
30by the board to ascertain clinical competence.

31(e) The applicant has committed no acts or crimes constituting
32grounds for denial of a certificate under Division 1.5 (commencing
33with Section 475).

34(f) The board determines that no disciplinary action has been
35taken against the applicant by any podiatric licensing authority
36and that the applicant has not been the subject of adverse judgments
37or settlements resulting from the practice of podiatric medicine
38that the board determines constitutes evidence of a pattern of
39negligence or incompetence.

P11   1(g) A disciplinary databank report regarding the applicant is
2received by the board from the Federation of Podiatric Medical
3Boards.

4begin insert

begin insertSEC. 9.end insert  

end insert

begin insertSection 2488 of the end insertbegin insertBusiness and Professions Codeend insertbegin insert is
5amended to read:end insert

6

2488.  

Notwithstanding any otherbegin delete provision ofend delete law, thebegin delete Medical
7Board of California shall issue, upon the recommendation of the
8board,end delete
begin insert board shall issueend insert a certificate to practice podiatric medicine
9by credentialing if the applicant has submitted directly to the board
10from the credentialing organizations verification that he or she is
11licensed as a doctor of podiatric medicine in any other state and
12meets all of the following requirements:

13(a) The applicant has graduated from an approved school or
14college of podiatric medicine.

15(b) The applicant, within the past 10 years, has passed either
16part III of the examination administered by the National Board of
17Podiatric Medical Examiners of the United States or a written
18examination that is recognized by the board to be the equivalent
19in content to the examination administered by the National Board
20of Podiatric Medical Examiners of the United States.

21(c) The applicant has satisfactorily completed a postgraduate
22training program approved by the Council on Podiatric Medical
23Education.

24(d) The applicant, within the past 10 years, has passed any oral
25and practical examination that may be required of all applicants
26by the board to ascertain clinical competence.

27(e) The applicant has committed no acts or crimes constituting
28 grounds for denial of a certificate under Division 1.5 (commencing
29with Section 475).

30(f) The board determines that no disciplinary action has been
31taken against the applicant by any podiatric licensing authority
32and that the applicant has not been the subject of adverse judgments
33or settlements resulting from the practice of podiatric medicine
34that the board determines constitutes evidence of a pattern of
35negligence or incompetence.

36(g) A disciplinary databank report regarding the applicant is
37received by the board from the Federation of Podiatric Medical
38Boards.

39begin insert

begin insertSEC. 10.end insert  

end insert

begin insertSection 2492 of the end insertbegin insertBusiness and Professions Codeend insert
40
begin insert is amended to read:end insert

P12   1

2492.  

(a) The board shall examine every applicant for a
2certificate to practice podiatric medicine to ensure a minimum of
3entry-level competence at the time and place designated by the
4board in its discretion, but at least twice a year.

5(b) Unless the applicant meets the requirements of Section 2486,
6applicants shall be required to have taken and passed the
7examination administered by the National Board of Podiatric
8Medical Examiners.

9(c) The board may appoint qualified persons to give the whole
10or any portion of any examination as provided in this article, who
11shall be designated as examination commissioners. The board may
12fix the compensation of those persons subject to the provisions of
13applicable state laws and regulations.

14(d) The provisions of Article 9 (commencing with Section 2170)
15shall apply to examinations administered by the board except where
16those provisions are in conflict with or inconsistent with the
17provisions of this article.begin delete In respect to applicants under this article
18any references to the “Division of Licensing” or “division” shall
19be deemed to apply to the board.end delete

20begin insert

begin insertSEC. 11.end insert  

end insert

begin insertSection 2499 of the end insertbegin insertBusiness and Professions Codeend insert
21
begin insert is amended to read:end insert

22

2499.  

There is in the State Treasury the Board of Podiatric
23Medicine Fund. Notwithstanding Section 2445, thebegin delete divisionend deletebegin insert boardend insert
24 shall report to the Controller at the beginning of each calendar
25month for the month preceding the amount and source of all
26revenue received bybegin delete it on behalf ofend delete the board, pursuant to this
27chapter, and shall pay the entire amount thereof to the Treasurer
28for deposit into the fund. All revenue received by the boardbegin delete and
29the divisionend delete
from fees authorized to be charged relating to the
30practice of podiatric medicine shall be deposited in the fund as
31provided in this section, and shall be used to carry out the
32provisions of this chapter relating to the regulation of the practice
33of podiatric medicine.

34begin insert

begin insertSEC. 12.end insert  

end insert

begin insertSection 2499.7 is added to the end insertbegin insertBusiness and
35Professions Code
end insert
begin insert, to read:end insert

begin insert
36

begin insert2499.7.end insert  

(a) Certificates to practice podiatric medicine shall
37expire at 12 midnight on the last day of the birth month of the
38licensee during the second year of a two-year term.

39
(b) To renew an unexpired certificate, the licensee, on or before
40the date on which the certificate would otherwise expire, shall
P13   1apply for renewal on a form prescribed by the board and pay the
2prescribed renewal fee.

end insert
3begin insert

begin insertSEC. 13.end insert  

end insert

begin insertSection 2733 of the end insertbegin insertBusiness and Professions Codeend insert
4
begin insert is amended to read:end insert

5

2733.  

(a) begin insert(1)end insertbegin insertend insertbegin insert(A)end insertbegin insertend insertUpon approval of an application filed
6pursuant to subdivision (b) of Section 2732.1, and upon the
7payment of the fee prescribed by subdivision (k) of Section 2815,
8the board may issue a temporary license to practice professional
9nursing, and a temporary certificate to practice as abegin delete certified nurse
10midwife, certified nurse practitioner,end delete
certified public healthbegin delete nurse,
11certified clinical nurse specialist, or certified nurse anesthetistend delete

12begin insert nurseend insert for a period of six months from the date of issuance.

begin insert

13
(B) Upon approval of an application filed pursuant to
14subdivision (b) of Section 2732.1, and upon the payment of the fee
15prescribed by subdivision (d) of Section 2838.2, the board may
16issue a temporary certificate to practice as a certified clinical
17nurse specialist for a period of six months from the date of
18issuance.

end insert
begin insert

19
(C) Upon approval of an application filed pursuant to
20subdivision (b) of Section 2732.1, and upon the payment of the fee
21prescribed by subdivision (e) of Section 2815.5, the board may
22issue a temporary certificate to practice as a certified nurse
23midwife for a period of six months from the date of issuance.

end insert
begin insert

24
(D) Upon approval of an application filed pursuant to
25subdivision (b) of Section 2732.1, and upon the payment of the fee
26prescribed by subdivision (d) of Section 2830.7, the board may
27issue a temporary certificate to practice as a certified nurse
28anesthetist for a period of six months from the date of issuance.

end insert
begin insert

29
(E) Upon approval of an application filed pursuant to
30subdivision (b) of Section 2732.1, and upon the payment of the fee
31prescribed by subdivision (p) of Section 2815, the board may issue
32a temporary certificate to practice as a certified nurse practitioner
33for a period of six months from the date of issuance.

end insert
begin delete

34 A

end delete

35begin insert(2)end insertbegin insertend insertbegin insertAend insert temporary license or temporary certificate shall terminate
36upon notice thereof by certified mail, return receipt requested, if
37it is issued by mistake or if the application for permanent licensure
38is denied.

39(b) Upon written application, the board may reissue a temporary
40license or temporary certificate to any person who has applied for
P14   1a regular renewable license pursuant to subdivision (b) of Section
22732.1 and who, in the judgment of the board has been excusably
3delayed in completing his or her application for or the minimum
4requirements for a regular renewable license, but the board may
5not reissue a temporary license or temporary certificate more than
6twice to any one person.

7begin insert

begin insertSEC. 14.end insert  

end insert

begin insertSection 2746.51 of the end insertbegin insertBusiness and Professions Codeend insert
8
begin insert is amended to read:end insert

9

2746.51.  

(a) Neither this chapter nor any other provision of
10law shall be construed to prohibit a certified nurse-midwife from
11furnishing or ordering drugs or devices, including controlled
12substances classified in Schedule II, III, IV, or V under the
13California Uniform Controlled Substances Act (Division 10
14(commencing with Section 11000) of the Health and Safety Code),
15when all of the following apply:

16(1) The drugs or devices are furnished or ordered incidentally
17to the provision of any of the following:

18(A) Family planning services, as defined in Section 14503 of
19the Welfare and Institutions Code.

20(B) Routine health care or perinatal care, as defined in
21subdivision (d) of Section 123485 of the Health and Safety Code.

22(C) Care rendered, consistent with the certified nurse-midwife’s
23educational preparation or for which clinical competency has been
24established and maintained, to persons within a facility specified
25in subdivision (a), (b), (c), (d), (i), or (j) of Section 1206 of the
26Health and Safety Code, a clinic as specified in Section 1204 of
27the Health and Safety Code, a general acute care hospital as defined
28in subdivision (a) of Section 1250 of the Health and Safety Code,
29a licensed birth center as defined in Section 1204.3 of the Health
30and Safety Code, or a special hospital specified as a maternity
31hospital in subdivision (f) of Section 1250 of the Health and Safety
32Code.

33(2) The drugs or devices are furnished or ordered by a certified
34nurse-midwife in accordance with standardized procedures or
35protocols. For purposes of this section, standardized procedure
36means a document, including protocols, developed and approved
37by the supervising physician and surgeon, the certified
38nurse-midwife, and the facility administrator or his or her designee.
39The standardized procedure covering the furnishing or ordering
40of drugs or devices shall specify all of the following:

P15   1(A) Which certified nurse-midwife may furnish or order drugs
2or devices.

3(B) Which drugs or devices may be furnished or ordered and
4under what circumstances.

5(C) The extent of physician and surgeon supervision.

6(D) The method of periodic review of the certified
7nurse-midwife’s competence, including peer review, and review
8of the provisions of the standardized procedure.

9(3) If Schedule II or III controlled substances, as defined in
10Sections 11055 and 11056 of the Health and Safety Code, are
11furnished or ordered by a certified nurse-midwife, the controlled
12substances shall be furnished or ordered in accordance with a
13patient-specific protocol approved by the treating or supervising
14physician and surgeon. For Schedule II controlled substance
15protocols, the provision for furnishing the Schedule II controlled
16substance shall address the diagnosis of the illness, injury, or
17condition for which the Schedule II controlled substance is to be
18furnished.

19(4) The furnishing or ordering of drugs or devices by a certified
20nurse-midwife occurs under physician and surgeon supervision.
21For purposes of this section, no physician and surgeon shall
22supervise more than four certified nurse-midwives at one time.
23Physician and surgeon supervision shall not be construed to require
24the physical presence of the physician, but does include all of the
25following:

26(A) Collaboration on the development of the standardized
27procedure or protocol.

28(B) Approval of the standardized procedure or protocol.

29(C) Availability by telephonic contact at the time of patient
30examination by the certified nurse-midwife.

31(b) (1) The furnishing or ordering of drugs or devices by a
32certified nurse-midwife is conditional on the issuance by the board
33of a number to the applicant who has successfully completed the
34requirements of paragraph (2). The number shall be included on
35all transmittals of orders for drugs or devices by the certified
36nurse-midwife. The board shall maintain a list of the certified
37nurse-midwives that it has certified pursuant to this paragraph and
38the number it has issued to each one. The board shall make the list
39available to the California State Board of Pharmacy upon its
40request. Every certified nurse-midwife who is authorized pursuant
P16   1to this section to furnish or issue a drug order for a controlled
2substance shall register with the United States Drug Enforcement
3Administration.

4(2) The board has certified in accordance with paragraph (1)
5that the certified nurse-midwife has satisfactorily completed a
6course in pharmacology covering the drugs or devices to be
7furnished or ordered under this section. The board shall establish
8the requirements for satisfactory completion of this paragraph.begin insert The
9board may charge the applicant a fee to cover all necessary costs
10to implement this section, that shall be not less than four hundred
11dollars ($400) nor more than one thousand five hundred dollars
12($1,500) for an initial application, nor less than one hundred fifty
13dollars ($150) nor more than one thousand dollars ($1,000) for
14an application for renewal. The board may charge a penalty fee
15for failure to renew a furnishing number within the prescribed
16time that shall be not less than seventy-five dollars ($75) nor more
17than five hundred dollars ($500).end insert

18(3) A physician and surgeon may determine the extent of
19supervision necessary pursuant to this section in the furnishing or
20ordering of drugs and devices.

21(4) A copy of the standardized procedure or protocol relating
22to the furnishing or ordering of controlled substances by a certified
23nurse-midwife shall be provided upon request to any licensed
24pharmacist who is uncertain of the authority of the certified
25nurse-midwife to perform these functions.

26(5) Certified nurse-midwives who are certified by the board and
27hold an active furnishing number, who are currently authorized
28through standardized procedures or protocols to furnish Schedule
29II controlled substances, and who are registered with the United
30States Drug Enforcement Administration shall provide
31documentation of continuing education specific to the use of
32Schedule II controlled substances in settings other than a hospital
33based on standards developed by the board.

34(c) Drugs or devices furnished or ordered by a certified
35nurse-midwife may include Schedule II controlled substances
36under the California Uniform Controlled Substances Act (Division
3710 (commencing with Section 11000) of the Health and Safety
38Code) under the following conditions:

39(1) The drugs and devices are furnished or ordered in accordance
40with requirements referenced in paragraphs (2) to (4), inclusive,
P17   1of subdivision (a) and in paragraphs (1) to (3), inclusive, of
2subdivision (b).

3(2) When Schedule II controlled substances, as defined in
4Section 11055 of the Health and Safety Code, are furnished or
5ordered by a certified nurse-midwife, the controlled substances
6shall be furnished or ordered in accordance with a patient-specific
7protocol approved by the treating or supervising physician and
8surgeon.

9(d) Furnishing of drugs or devices by a certified nurse-midwife
10means the act of making a pharmaceutical agent or agents available
11to the patient in strict accordance with a standardized procedure
12or protocol. Use of the term “furnishing” in this section shall
13include the following:

14(1) The ordering of a drug or device in accordance with the
15standardized procedure or protocol.

16(2) Transmitting an order of a supervising physician and
17surgeon.

18(e) “Drug order” or “order” for purposes of this section means
19an order for medication or for a drug or device that is dispensed
20to or for an ultimate user, issued by a certified nurse-midwife as
21an individual practitioner, within the meaning of Section 1306.03
22of Title 21 of the Code of Federal Regulations. Notwithstanding
23any other provision of law, (1) a drug order issued pursuant to this
24section shall be treated in the same manner as a prescription of the
25supervising physician; (2) all references to “prescription” in this
26code and the Health and Safety Code shall include drug orders
27issued by certified nurse-midwives; and (3) the signature of a
28certified nurse-midwife on a drug order issued in accordance with
29this section shall be deemed to be the signature of a prescriber for
30 purposes of this code and the Health and Safety Code.

31begin insert

begin insertSEC. 15.end insert  

end insert

begin insertSection 2786.5 of the end insertbegin insertBusiness and Professions Codeend insert
32
begin insert is amended to read:end insert

33

2786.5.  

(a) An institution of higher education or a private
34postsecondary school of nursing approved by the board pursuant
35to subdivision (b) of Section 2786 shall remit to the board for
36deposit in the Board of Registered Nursing Fund the following
37fees, in accordance with the following schedule:

38(1) The fee for approval of a school of nursing shall bebegin delete five
39thousand dollars ($5,000).end delete
begin insert fixed by the board at not less than forty
P18   1thousand dollars ($40,000) nor more than eighty thousand dollars
2($80,000).end insert

3(2) The fee for continuing approval of a nursing program
4established after January 1, 2013, shall bebegin delete three thousand five
5hundred dollars ($3,500).end delete
begin insert fixed by the board at not less than fifteen
6thousand dollars ($15,000) nor more than thirty thousand dollars
7($30,000).end insert

8(3) The processing fee for authorization of a substantive change
9to an approval of a school of nursing shall bebegin delete five hundred dollars
10($500).end delete
begin insert fixed by the board at not less than two thousand five
11hundred dollars ($2,500) nor more than five thousand dollars
12($5,000).end insert

13(b) If the board determines that the annual cost of providing
14oversight and review of a school of nursing, as required by this
15article, is less than the amount of any fees required to be paid by
16that institution pursuant to this article, the board may decrease the
17fees applicable to that institution to an amount that is proportional
18to the board’s costs associated with that institution.

19begin insert

begin insertSEC. 16.end insert  

end insert

begin insertSection 2811 of the end insertbegin insertBusiness and Professions Codeend insert
20
begin insert is amended to read:end insert

21

2811.  

(a) Each person holding a regular renewable license
22under this chapter, whether in an active or inactive status, shall
23apply for a renewal of his license and pay the biennial renewal fee
24required by this chapter each two years on or before the last day
25of the month following the month in which his birthday occurs,
26beginning with the second birthday following the date on which
27the license was issued, whereupon the board shall renew the
28license.

29(b) Each such license not renewed in accordance with this
30section shall expire but may within a period of eight years
31thereafter be reinstated upon payment of thebegin delete biennial renewal fee
32and penaltyend delete
fee required by this chapter and upon submission of
33such proof of the applicant’s qualifications as may be required by
34the board, except that during such eight-year period no examination
35shall be required as a condition for the reinstatement of any such
36expired license which has lapsed solely by reason of nonpayment
37of the renewal fee. After the expiration of such eight-year period
38the board may require as a condition of reinstatement that the
39applicant pass such examination as it deems necessary to determine
40his present fitness to resume the practice of professional nursing.

P19   1(c) A license in an inactive status may be restored to an active
2status if the licensee meets the continuing education standards of
3Section 2811.5.

4

begin deleteSEC. 3.end delete
5
begin insertSEC. 17.end insert  

Section 2811.5 of the Business and Professions Code
6 is amended to read:

7

2811.5.  

(a) Each person renewing his or her license under
8Section 2811 shall submit proof satisfactory to the board that,
9during the preceding two-year period, he or she has been informed
10of the developments in the registered nurse field or in any special
11area of practice engaged in by the licensee, occurring since the
12last renewal thereof, either by pursuing a course or courses of
13continuing education in the registered nurse field or relevant to
14the practice of the licensee, and approved by the board, or by other
15means deemed equivalent by the board.

16(b) For purposes of this section, the board shall, by regulation,
17establish standards for continuing education. The standards shall
18be established in a manner tobegin delete assureend deletebegin insert ensureend insert that a variety of
19alternative forms of continuing education are available to licensees,
20including, but not limited to, academic studies, in-service
21education, institutes, seminars, lectures, conferences, workshops,
22extension studies, and home study programs. The standards shall
23take cognizance of specialized areas of practice, and content shall
24bebegin delete based on generally accepted scientific principles.end deletebegin insert relevant to
25the practice of nursing and shall be related to the scientific
26knowledge or technical skills required for the practice of nursing
27or be related to direct or indirect patient or client care.end insert
The
28continuing education standards established by the board shall not
29exceed 30 hours of direct participation in a course or courses
30approved by the board, or its equivalent in the units of measure
31adopted by the board.

32(c) The board shall audit continuing education providers at least
33once every five years to ensure adherence to regulatory
34requirements, and shall withhold or rescind approval from any
35provider that is in violation of the regulatory requirements.

36(d) The board shall encourage continuing education in spousal
37or partner abuse detection and treatment. In the event the board
38establishes a requirement for continuing education coursework in
39spousal or partner abuse detection or treatment, that requirement
P20   1shall be met by each licensee within no more than four years from
2the date the requirement is imposed.

3(e) In establishing standards for continuing education, the board
4shall consider including a course in the special care needs of
5individuals and their families facing end-of-life issues, including,
6but not limited to, all of the following:

7(1) Pain and symptom management.

8(2) The psycho-social dynamics of death.

9(3) Dying and bereavement.

10(4) Hospice care.

11(f) In establishing standards for continuing education, the board
12may include a course on pain management.

13(g) This section shall not apply to licensees during the first two
14years immediately following their initial licensure in California
15or any other governmental jurisdiction.

16(h) The board may, in accordance with the intent of this section,
17make exceptions from continuing education requirements for
18licensees residing in another state or country, or for reasons of
19health, military service, or other good cause.

20begin insert

begin insertSEC. 18.end insert  

end insert

begin insertSection 2815 of the end insertbegin insertBusiness and Professions Codeend insert
21
begin insert is amended to read:end insert

22

2815.  

Subject to the provisions of Section 128.5, the amount
23of the fees prescribed by this chapter in connection with the
24issuance of licenses for registered nurses under its provisions is
25that fixed by the following schedule:

26(a) begin insert(1)end insertbegin insertend insertThe fee to be paid upon the filingbegin insert by a graduate of an
27approved school of nursing in this stateend insert
of an application for a
28licensure by examination shall be fixed by the board at not less
29thanbegin delete seventy-five dollars ($75)end deletebegin insert three hundred dollars ($300)end insert nor
30more than onebegin delete hundred fifty dollars ($150).end deletebegin insert thousand dollars
31($1,000).end insert

begin insert

32
(2) The fee to be paid upon the filing by a graduate of a school
33of nursing in another state, district, or territory of the United States
34of an application for a licensure by examination shall be fixed by
35the board at not less than three hundred fifty dollars ($350) nor
36more than one thousand dollars ($1,000).

end insert
begin insert

37
(3) The fee to be paid upon the filing by a graduate of a school
38of nursing in another country of an application for a licensure by
39examination shall be fixed by the board at not less than seven
P21   1hundred fifty dollars ($750) nor more than one thousand five
2hundred dollars ($1,500).

end insert
begin insert

3
(4) The fee to be paid upon the filing of an application for
4licensure by a repeat examination shall be fixed by the board at
5not less than two hundred fifty dollars ($250) and not more than
6one thousand dollars ($1,000).

end insert

7(b) The fee to be paid for taking each examination shall be the
8actual cost to purchase an examination from a vendor approved
9by the board.

10(c) begin insert(1)end insertbegin insertend insertThe fee to be paid for applicationbegin insert by a person who is
11licensed or registered as a nurse in another state, district, or
12territory of the United Statesend insert
for licensure by endorsement shall
13be fixed by the board at not less thanbegin delete fifty dollars ($50)end deletebegin insert three
14hundred fifty dollars ($350)end insert
nor more than onebegin delete hundred dollars
15($100).end delete
begin insert thousand dollars ($1,000).end insert

begin insert

16
(2) The fee to be paid for application by a person who is licensed
17or registered as a nurse in another country for licensure by
18endorsement shall be fixed by the board at not less than seven
19hundred fifty dollars ($750) nor more than one thousand five
20hundred dollars ($1,500).

end insert

21(d) begin insert(1)end insertbegin insertend insertThe biennial fee to be paid upon the filing of an
22application for renewal of the license shall be not less than
23begin delete seventy-five dollars ($75)end deletebegin insert one hundred eighty dollars ($180)end insert nor
24more thanbegin delete one hundred fifty dollars ($150).end deletebegin insert seven hundred fifty
25dollars ($750).end insert
In addition, an assessment of ten dollars ($10) shall
26be collected and credited to the Registered Nurse Education Fund,
27pursuant to Section 2815.1.

begin insert

28
(2) The fee to be paid upon the filing of an application for
29reinstatement pursuant to subdivision (b) of Section 2811 shall be
30not less than three hundred fifty dollars ($350) nor more than one
31thousand dollars ($1,000).

end insert

32(e) The penalty fee for failure to renew a license within the
33prescribed time shall be fixed by the board at not more than 50
34percent of the regular renewal fee, but not less thanbegin delete thirty-seven
35dollars ($37)end delete
begin insert ninety dollars ($90)end insert nor more thanbegin delete seventy-five
36dollars ($75).end delete
begin insert three hundred seventy-five dollars ($375).end insert

37(f) The fee to be paid for approval of a continuing education
38provider shall be fixed by the board at not less thanbegin delete two hundred
39dollars ($200)end delete
begin insert five hundred dollars ($500)end insert nor more thanbegin delete three
40hundred dollars ($300).end delete
begin insert one thousand dollars ($1,000).end insert

P22   1(g) The biennial fee to be paid upon the filing of an application
2for renewal of provider approval shall be fixed by the board at not
3less thanbegin delete two hundred dollars ($200)end deletebegin insert seven hundred fifty dollars
4($750)end insert
nor more thanbegin delete three hundred dollars ($300).end deletebegin insert one thousand
5dollars ($1,000).end insert

6(h) The penalty fee for failure to renew provider approval within
7the prescribed time shall be fixed at not more than 50 percent of
8the regular renewal fee, but not less thanbegin delete one hundred dollars
9($100)end delete
begin insert one hundred twenty-five dollars ($125)end insert nor more thanbegin delete one
10hundred fifty dollars ($150).end delete
begin insert five hundred dollars ($500).end insert

11(i) The penalty for submitting insufficient funds or fictitious
12check, draft or order on any bank or depository for payment of
13any fee to the board shall be fixed at not less than fifteen dollars
14($15) nor more than thirty dollars ($30).

15(j) The fee to be paid for an interim permit shall be fixed by the
16board at not less thanbegin delete thirty dollars ($30)end deletebegin insert one hundred dollars
17($100)end insert
nor more thanbegin delete fifty dollars ($50).end deletebegin insert two hundred fifty dollars
18($250).end insert

19(k) The fee to be paid for a temporary license shall be fixed by
20the board at not less thanbegin delete thirty dollars ($30)end deletebegin insert one hundred dollars
21($100)end insert
nor more thanbegin delete fifty dollars ($50).end deletebegin insert two hundred fifty dollars
22($250).end insert

23(l) The fee to be paid for processing endorsement papers to other
24states shall be fixed by the board at not less thanbegin delete sixty dollars ($60)end delete
25begin insert one hundred dollars ($100)end insert nor more thanbegin delete one hundred dollars
26($100).end delete
begin insert two hundred dollars ($200).end insert

27(m) The fee to be paid for a certified copy of a school transcript
28shall be fixed by the board at not less thanbegin delete thirty dollars ($30)end deletebegin insert fifty
29dollars ($50)end insert
nor more thanbegin delete fifty dollars ($50).end deletebegin insert one hundred dollars
30($100).end insert

31(n) begin insert(1)end insertbegin insertend insertThe fee to be paid for a duplicatebegin insert pocketend insert license shall
32be fixed by the board at not less thanbegin delete thirty dollars ($30)end deletebegin insert fifty
33dollars ($50)end insert
nor more thanbegin delete fifty dollars ($50).end deletebegin insert seventy-five dollars
34($75).end insert

begin insert

35
(2) The fee to be paid for a duplicate wall certificate shall be
36fixed by the board at not less than sixty dollars ($60) nor more
37than one hundred dollars ($100).

end insert

38(o) begin insert(1)end insertbegin insertend insertThe fee to be paid by a registered nurse for an evaluation
39of his or her qualifications to use the title “nurse practitioner” shall
40be fixed by the board at not less thanbegin delete seventy-five dollars ($75)end delete
P23   1begin insert five hundred dollars ($500)end insert nor more than onebegin delete hundred fifty dollars
2($150).end delete
begin insert thousand five hundred dollars ($1,500).end insert

begin insert

3
(2) The fee to be paid by a registered nurse for a temporary
4certificate to practice as a nurse practitioner shall be fixed by the
5board at not less than one hundred fifty dollars ($150) nor more
6than five hundred dollars ($500).

end insert
begin insert

7
(3) The fee to be paid upon the filing of an application for
8renewal of a certificate to practice as a nurse practitioner shall
9be not less than one hundred fifty dollars ($150) nor more than
10one thousand dollars ($1,000).

end insert
begin insert

11
(4) The penalty fee for failure to renew a certificate to practice
12as a nurse practitioner within the prescribed time shall be not less
13than seventy-five dollars ($75) nor more than five hundred dollars
14($500).

end insert
begin insert

15
(p) The fee to be paid by a registered nurse for listing as a
16“psychiatric mental health nurse” shall be fixed by the board at
17not less than three hundred fifty dollars ($350) nor more than
18seven hundred fifty dollars ($750).

end insert
begin insert

19
(q) The fee to be paid for duplicate National Council Licensure
20 Examination for registered nurses (NCLEX-RN) examination
21results shall be not less than sixty dollars ($60) nor more than one
22hundred dollars ($100).

end insert
begin insert

23
(r) The fee to be paid for a letter certifying a license shall be
24not less than twenty dollars ($20) nor more than thirty dollars
25($30).

end insert

26No further fee shall be required for a license or a renewal thereof
27other than as prescribed by this chapter.

28begin insert

begin insertSEC. 19.end insert  

end insert

begin insertSection 2815.5 of the end insertbegin insertBusiness and Professions Codeend insert
29
begin insert is amended to read:end insert

30

2815.5.  

The amount of the fees prescribed by this chapter in
31connection with the issuance of certificates as nurse-midwives is
32that fixed by the following schedule:

33(a) The fee to be paid upon the filing of an application for a
34certificate shall be fixed by the board at not less thanbegin delete seventy-five
35dollars ($75)end delete
begin insert five hundred dollars ($500)end insert nor more than one
36
begin delete hundred fifty dollars ($150).end deletebegin insert thousand five hundred dollars
37($1,500).end insert

38(b) The biennial fee to be paid upon the application for a renewal
39of a certificate shall be fixed by the board at not less thanbegin delete fifty
P24   1dollars ($50)end delete
begin insert one hundred fifty dollars ($150)end insert nor more than one
2
begin delete hundred dollars ($100).end deletebegin insert thousand dollars ($1,000).end insert

3(c) The penalty fee for failure to renew a certificate within the
4prescribed time shall be 50 percent of the renewal fee in effect on
5the date of the renewal of the license, but not less thanbegin delete twenty-five
6dollars ($25)end delete
begin insert seventy-five dollars ($75)end insert nor more thanbegin delete fifty dollars
7($50).end delete
begin insert five hundred dollars ($500).end insert

8(d) The fee to be paid upon the filing of an application for the
9nurse-midwife equivalency examination shall be fixed by the board
10at not less than one hundred dollars ($100) nor more than two
11hundred dollars ($200).

begin insert

12
(e) The fee to be paid for a temporary certificate shall be fixed
13by the board at not less than one hundred fifty dollars ($150) nor
14more than five hundred dollars ($500).

end insert
15begin insert

begin insertSEC. 20.end insert  

end insert

begin insertSection 2816 of the end insertbegin insertBusiness and Professions Codeend insert
16
begin insert is amended to read:end insert

17

2816.  

The nonrefundable fee to be paid by a registered nurse
18for an evaluation of his or her qualifications to use the title “public
19health nurse” shall be equal to the fees set out in subdivision (o)
20of Section 2815.begin insert The fee to be paid for upon the application for
21renewal of the certificate to practice as a public health nurse shall
22be fixed by the board at not less than one hundred twenty-five
23dollars ($125) and not more than five hundred dollars ($500).end insert
All
24fees payable under this section shall be collected by and paid to
25the Registered Nursing Fund. It is the intention of the Legislature
26that the costs of carrying out the purposes of this article shall be
27covered by the revenue collected pursuant to this section.

28begin insert

begin insertSEC. 21.end insert  

end insert

begin insertSection 2830.7 of the end insertbegin insertBusiness and Professions Codeend insert
29
begin insert is amended to read:end insert

30

2830.7.  

The amount of the fees prescribed by this chapter in
31connection with the issuance of certificates as nurse anesthetists
32is that fixed by the following schedule:

33(a) The fee to be paid upon the filing of an application for a
34certificate shall be fixed by the board at not less thanbegin delete seventy-five
35dollars ($75)end delete
begin insert five hundred dollars ($500)end insert nor more than one
36
begin delete hundred fifty dollars ($150).end deletebegin insert thousand five hundred dollars
37($1,500).end insert

38(b) The biennial fee to be paid upon the application for a renewal
39of a certificate shall be fixed by the board at not less thanbegin delete fifty
P25   1dollars ($50)end delete
begin insert one hundred fifty dollars ($150)end insert nor more than one
2
begin delete hundred dollars ($100).end deletebegin insert thousand dollars ($1,000).end insert

3(c) The penalty fee for failure to renew a certificate within the
4prescribed time shall be 50 percent of the renewal fee in effect on
5the date of the renewal of the license, but not less thanbegin delete twenty-five
6dollars ($25)end delete
begin insert seventy-five dollars ($75)end insert nor more thanbegin delete fifty dollars
7($50).end delete
begin insert five hundred dollars ($500).end insert

begin insert

8
(d) The fee to be paid for a temporary certificate shall be fixed
9by the board at not less than one hundred fifty dollars ($150) nor
10more than five hundred dollars ($500).

end insert
11begin insert

begin insertSEC. 22.end insert  

end insert

begin insertSection 2836.3 of the end insertbegin insertBusiness and Professions Codeend insert
12
begin insert is amended to read:end insert

13

2836.3.  

(a) The furnishing of drugs or devices by nurse
14practitioners is conditional on issuance by the board of a number
15to the nurse applicant who has successfully completed the
16requirements of subdivision (g) of Section 2836.1. The number
17shall be included on all transmittals of orders for drugs or devices
18by the nurse practitioner. The board shall make the list of numbers
19issued available to the Board of Pharmacy. The board may charge
20the applicant a fee to cover all necessary costs to implement this
21
begin delete section.end deletebegin insert section, that shall be not less than four hundred dollars
22($400) nor more than one thousand five hundred dollars ($1,500)
23for an initial application, nor less than one hundred fifty dollars
24($150) nor more than one thousand dollars ($1,000) for an
25application for renewal. The board may charge a penalty fee for
26failure to renew a furnishing number within the prescribed time
27that shall be not less than seventy-five dollars ($75) nor more than
28five hundred dollars ($500).end insert

29(b) The number shall be renewable at the time of the applicant’s
30registered nurse license renewal.

31(c) The board may revoke, suspend, or deny issuance of the
32numbers for incompetence or gross negligence in the performance
33of functions specified in Sections 2836.1 and 2836.2.

34begin insert

begin insertSEC. 23.end insert  

end insert

begin insertSection 2838.2 of the end insertbegin insertBusiness and Professions Codeend insert
35
begin insert is amended to read:end insert

36

2838.2.  

(a) A clinical nurse specialist is a registered nurse with
37advanced education, who participates in expert clinical practice,
38education, research, consultation, and clinical leadership as the
39major components of his or her role.

P26   1(b) The board may establish categories of clinical nurse
2specialists and the standards required to be met for nurses to hold
3themselves out as clinical nurse specialists in each category. The
4standards shall take into account the types of advanced levels of
5nursing practice that are or may be performed and the clinical and
6didactic education, experience, or both needed to practice safety
7at those levels. In setting the standards, the board shall consult
8with clinical nurse specialists, physicians and surgeons appointed
9by the Medical Board with expertise with clinical nurse specialists,
10and health care organizations that utilize clinical nurse specialists.

11(c) A registered nurse who meets one of the following
12requirements may apply to become a clinical nurse specialist:

13(1) Possession of a master’s degree in a clinical field of nursing.

14(2) Possession of a master’s degree in a clinical field related to
15nursing with course work in the components referred to in
16subdivision (a).

17(3) On or before July 1, 1998, meets the following requirements:

18(A) Current licensure as a registered nurse.

19(B) Performs the role of a clinical nurse specialist as described
20in subdivision (a).

21(C) Meets any other criteria established by the board.

22(d) begin insert(1)end insertbegin insertend insertA nonrefundable fee of not less thanbegin delete seventy-five dollars
23($75),end delete
begin insert five hundred dollars ($500),end insert but not to exceed onebegin delete hundred
24fifty dollars ($150),end delete
begin insert thousand five hundred dollars ($1,500)end insert shall
25be paid by a registered nurse applying to be a clinical nurse
26 specialist for the evaluation of his or her qualifications to use the
27title “clinical nurse specialist.”begin delete Aend delete

begin insert

28
(2) The fee to be paid for a temporary certificate to practice as
29a clinical nurse specialist shall be not less than thirty dollars ($30)
30nor more than fifty dollars ($50).

end insert

31begin insert(3)end insertbegin insertend insertbegin insertAend insert biennial renewal fee shall be paid upon submission of an
32application to renew the clinical nurse specialist certificate and
33shall be established by the board at no less thanbegin delete fifty dollars ($50)end delete
34begin insert one hundred fifty dollars ($150)end insert and no more than onebegin delete hundred
35dollars ($100). Theend delete
begin insert thousand dollars ($1,000).end insert

36begin insert(4)end insertbegin insertend insertbegin insertTheend insert penalty fee for failure to renew a certificate within the
37prescribed time shall be 50 percent of the renewal fee in effect on
38the date of the renewal of the license, but not less thanbegin delete twenty-five
39dollars ($25),end delete
begin insert seventy-five dollars ($75)end insert nor more thanbegin delete fifty dollars
40($50). Theend delete
begin insert five hundred dollars ($500).end insert

P27   1begin insert(5)end insertbegin insertend insertbegin insertTheend insert fees authorized by this subdivision shall not exceed the
2amount necessary to cover the costs to the board to administer this
3section.

4begin insert

begin insertSEC. 24.end insert  

end insert

begin insertSection 4128.2 of the end insertbegin insertBusiness and Professions Codeend insert
5
begin insert is amended to read:end insert

6

4128.2.  

(a) In addition to the pharmacy license requirement
7described in Section 4110, a centralized hospital packaging
8pharmacy shall obtain a specialty license from the board prior to
9engaging in the functions described in Section 4128.

10(b) An applicant seeking a specialty license pursuant to this
11article shall apply to the board on forms established by the board.

12(c) Before issuing the specialty license, the board shall inspect
13the pharmacy and ensure that the pharmacy is in compliance with
14this article and regulations established by the board.

15(d) A license to perform the functions described in Section 4128
16may only be issued to a pharmacy that is licensed by the board as
17a hospital pharmacy.

18(e) A license issued pursuant to this article shall be renewed
19annually and is not transferrable.

20(f) An applicant seeking renewal of a specialty license shall
21apply to the board on forms established by the board.

22(g) A license to perform the functions described in Section 4128
23shall not be renewed until the pharmacy has been inspected by the
24board and found to be in compliance with this article and
25regulations established by the board.

begin delete

26(h) The fee for issuance or annual renewal of a centralized
27hospital packaging pharmacy license shall be six hundred dollars
28($600) and may be increased by the board to eight hundred dollars
29($800).

end delete
30begin insert

begin insertSEC. 25.end insert  

end insert

begin insertSection 4400 of the end insertbegin insertBusiness and Professions Codeend insert
31
begin insert is amended to read:end insert

32

4400.  

The amount of fees and penalties prescribed by this
33chapter, except as otherwise provided, is that fixed by the board
34according to the following schedule:

35(a) The fee for a nongovernmental pharmacy license shall be
36four hundred dollars ($400) and may be increased to five hundred
37twenty dollars ($520). The fee for the issuance of a temporary
38nongovernmental pharmacy permit shall be two hundred fifty
39dollars ($250) and may be increased to three hundred twenty-five
40dollars ($325).

P28   1(b) The fee for a nongovernmental pharmacy license annual
2renewal shall be two hundred fifty dollars ($250) and may be
3increased to three hundred twenty-five dollars ($325).

4(c) The fee for the pharmacist application and examination shall
5be two hundred dollars ($200) and may be increased to two
6hundred sixty dollars ($260).

7(d) The fee for regrading an examination shall be ninety dollars
8($90) and may be increased to one hundred fifteen dollars ($115).
9If an error in grading is found and the applicant passes the
10examination, the regrading fee shall be refunded.

11(e) The fee for a pharmacist license and biennial renewal shall
12be one hundred fifty dollars ($150) and may be increased to one
13hundred ninety-five dollars ($195).

14(f) The fee for a nongovernmental wholesaler or third-party
15logistics provider license and annual renewal shall be seven
16hundred eighty dollars ($780) and may be decreased to no less
17than six hundred dollars ($600). The application fee for any
18additional location after licensure of the first 20 locations shall be
19three hundred dollars ($300) and may be decreased to no less than
20two hundred twenty-five dollars ($225). A temporary license fee
21shall be seven hundred fifteen dollars ($715) and may be decreased
22to no less than five hundred fifty dollars ($550).

23(g) The fee for a hypodermic license and renewal shall be one
24hundred twenty-five dollars ($125) and may be increased to one
25hundred sixty-five dollars ($165).

26(h) (1) The fee for application, investigation, and issuance of
27a license as a designated representative pursuant to Section 4053,
28or as a designated representative-3PL pursuant to Section 4053.1,
29shall be three hundred thirty dollars ($330) and may be decreased
30to no less than two hundred fifty-five dollars ($255).

31(2) The fee for the annual renewal of a license as a designated
32representative or designated representative-3PL shall be one
33hundred ninety-five dollars ($195) and may be decreased to no
34less than one hundred fifty dollars ($150).

35(i) (1) The fee for the application, investigation, and issuance
36of a license as a designated representative for a veterinary
37food-animal drug retailer pursuant to Section 4053 shall be three
38hundred thirty dollars ($330) and may be decreased to no less than
39two hundred fifty-five dollars ($255).

P29   1(2) The fee for the annual renewal of a license as a designated
2representative for a veterinary food-animal drug retailer shall be
3one hundred ninety-five dollars ($195) and may be decreased to
4no less than one hundred fifty dollars ($150).

5(j) (1) The application fee for a nonresident wholesaler or
6third-party logistics provider license issued pursuant to Section
74161 shall be seven hundred eighty dollars ($780) and may be
8decreased to no less than six hundred dollars ($600).

9(2) For nonresident wholesalers or third-party logistics providers
10that have 21 or more facilities operating nationwide the application
11fees for the first 20 locations shall be seven hundred eighty dollars
12($780) and may be decreased to no less than six hundred dollars
13($600). The application fee for any additional location after
14licensure of the first 20 locations shall be three hundred dollars
15($300) and may be decreased to no less than two hundred
16twenty-five dollars ($225). A temporary license fee shall be seven
17hundred fifteen dollars ($715) and may be decreased to no less
18than five hundred fifty dollars ($550).

19(3) The annual renewal fee for a nonresident wholesaler license
20or third-party logistics provider license issued pursuant to Section
214161 shall be seven hundred eighty dollars ($780) and may be
22decreased to no less than six hundred dollars ($600).

23(k) The fee for evaluation of continuing education courses for
24accreditation shall be set by the board at an amount not to exceed
25forty dollars ($40) per course hour.

26(l) The fee for an intern pharmacist license shall be ninety dollars
27($90) and may be increased to one hundred fifteen dollars ($115).
28The fee for transfer of intern hours or verification of licensure to
29another state shall be twenty-five dollars ($25) and may be
30increased to thirty dollars ($30).

31(m) The board may waive or refund the additional fee for the
32issuance of a license where the license is issued less than 45 days
33before the next regular renewal date.

34(n) The fee for the reissuance of any license, or renewal thereof,
35that has been lost or destroyed or reissued due to a name change
36shall be thirty-five dollars ($35) and may be increased to forty-five
37dollars ($45).

38(o) The fee for the reissuance of any license, or renewal thereof,
39that must be reissued because of a change in the information, shall
P30   1be one hundred dollars ($100) and may be increased to one hundred
2thirty dollars ($130).

3(p) It is the intent of the Legislature that, in setting fees pursuant
4to this section, the board shall seek to maintain a reserve in the
5Pharmacy Board Contingent Fund equal to approximately one
6year’s operating expenditures.

7(q) The fee for any applicant for a nongovernmental clinic
8license shall be four hundred dollars ($400) and may be increased
9to five hundred twenty dollars ($520) for each license. The annual
10fee for renewal of the license shall be two hundred fifty dollars
11($250) and may be increased to three hundred twenty-five dollars
12($325) for each license.

13(r) The fee for the issuance of a pharmacy technician license
14shall be eighty dollars ($80) and may be increased to one hundred
15five dollars ($105). The fee for renewal of a pharmacy technician
16license shall be one hundred dollars ($100) and may be increased
17to one hundred thirty dollars ($130).

18(s) The fee for a veterinary food-animal drug retailer license
19shall be four hundred five dollars ($405) and may be increased to
20four hundred twenty-five dollars ($425). The annual renewal fee
21for a veterinary food-animal drug retailer license shall be two
22hundred fifty dollars ($250) and may be increased to three hundred
23twenty-five dollars ($325).

24(t) The fee for issuance of a retired license pursuant to Section
254200.5 shall be thirty-five dollars ($35) and may be increased to
26forty-five dollars ($45).

27(u) The fee for issuance or renewal of a nongovernmental sterile
28compounding pharmacy license shall be six hundred dollars ($600)
29and may be increased to seven hundred eighty dollars ($780). The
30fee for a temporary license shall be five hundred fifty dollars ($550)
31and may be increased to seven hundred fifteen dollars ($715).

32(v) The fee for the issuance or renewal of a nonresident sterile
33compounding pharmacy license shall be seven hundred eighty
34dollars ($780). In addition to paying that application fee, the
35nonresident sterile compounding pharmacy shall deposit, when
36submitting the application, a reasonable amount, as determined by
37the board, necessary to cover the board’s estimated cost of
38performing the inspection required by Section 4127.2. If the
39required deposit is not submitted with the application, the
40application shall be deemed to be incomplete. If the actual cost of
P31   1the inspection exceeds the amount deposited, the board shall
2provide to the applicant a written invoice for the remaining amount
3and shall not take action on the application until the full amount
4has been paid to the board. If the amount deposited exceeds the
5amount of actual and necessary costs incurred, the board shall
6remit the difference to the applicant.

7(w) This section shall becomebegin delete operativeend deletebegin insert inoperativeend insert on July 1,
8
begin delete 2014.end deletebegin insert 2017, and as of January 1, 2018, is repealed.end insert

9begin insert

begin insertSEC. 26.end insert  

end insert

begin insertSection 4400 is added to the end insertbegin insertBusiness and Professions
10Code
end insert
begin insert, to read:end insert

begin insert
11

begin insert4400.end insert  

The amount of fees and penalties prescribed by this
12chapter, except as otherwise provided, is that fixed by the board
13according to the following schedule:

14
(a) The fee for a nongovernmental pharmacy license shall be
15five hundred twenty dollars ($520) and may be increased to five
16hundred seventy dollars ($570). The fee for the issuance of a
17temporary nongovernmental pharmacy permit shall be two hundred
18fifty dollars ($250) and may be increased to three hundred
19twenty-five dollars ($325).

20
(b) The fee for a nongovernmental pharmacy license annual
21renewal shall be six hundred sixty-five dollars ($665) and may be
22increased to nine hundred thirty dollars ($930).

23
(c) The fee for the pharmacist application and examination shall
24be two hundred sixty dollars ($260) and may be increased to two
25hundred eighty-five dollars ($285).

26
(d) The fee for regrading an examination shall be ninety dollars
27($90) and may be increased to one hundred fifteen dollars ($115).
28If an error in grading is found and the applicant passes the
29examination, the regrading fee shall be refunded.

30
(e) The fee for a pharmacist license shall be one hundred
31ninety-five dollars ($195) and may be increased to two hundred
32fifteen dollars ($215). The fee for a pharmacist biennial renewal
33shall be three hundred sixty dollars ($360) and may be increased
34to five hundred five dollars ($505).

35
(f) The fee for a nongovernmental wholesaler or third-party
36logistics provider license and annual renewal shall be seven
37hundred eighty dollars ($780) and may be increased to eight
38hundred twenty dollars ($820). The application fee for any
39additional location after licensure of the first 20 locations shall
40be three hundred dollars ($300) and may be decreased to no less
P32   1than two hundred twenty-five dollars ($225). A temporary license
2fee shall be seven hundred fifteen dollars ($715) and may be
3decreased to no less than five hundred fifty dollars ($550).

4
(g) The fee for a hypodermic license shall be one hundred
5seventy dollars ($170) and may be increased to two hundred forty
6dollars ($240). The fee for a hypodermic license renewal shall be
7two hundred dollars ($200) and may be increased to two hundred
8eighty dollars ($280).

9
(h) (1) The fee for application, investigation, and issuance of
10a license as a designated representative pursuant to Section 4053,
11or as a designated representative-3PL pursuant to Section 4053.1,
12shall be one hundred fifty dollars ($150) and may be increased to
13two hundred ten dollars ($210).

14
(2) The fee for the annual renewal of a license as a designated
15representative or designated representative-3PL shall be two
16hundred fifteen dollars ($215) and may be increased to three
17hundred dollars ($300).

18
(i) (1) The fee for the application, investigation, and issuance
19of a license as a designated representative for a veterinary
20food-animal drug retailer pursuant to Section 4053 shall be one
21hundred fifty dollars ($150) and may be increased to two hundred
22ten dollars ($210).

23
(2) The fee for the annual renewal of a license as a designated
24representative for a veterinary food-animal drug retailer shall be
25 two hundred fifteen dollars ($215) and may be increased to three
26hundred dollars ($300).

27
(j) (1) The application fee for a nonresident wholesaler or
28third-party logistics provider license issued pursuant to Section
294161 shall be seven hundred eighty dollars ($780) and may be
30increased to eight hundred twenty dollars ($820).

31
(2) For nonresident wholesalers or third-party logistics
32providers that have 21 or more facilities operating nationwide the
33application fees for the first 20 locations shall be seven hundred
34eighty dollars ($780) and may be increased to eight hundred twenty
35dollars ($820). The application fee for any additional location
36after licensure of the first 20 locations shall be three hundred
37dollars ($300) and may be decreased to no less than two hundred
38twenty-five dollars ($225). A temporary license fee shall be seven
39hundred fifteen dollars ($715) and may be decreased to no less
40than five hundred fifty dollars ($550).

P33   1
(3) The annual renewal fee for a nonresident wholesaler license
2or third-party logistics provider license issued pursuant to Section
34161 shall be seven hundred eighty dollars ($780) and may be
4increased to eight hundred twenty dollars ($820).

5
(k) The fee for evaluation of continuing education courses for
6accreditation shall be set by the board at an amount not to exceed
7forty dollars ($40) per course hour.

8
(l) The fee for an intern pharmacist license shall be one hundred
9sixty-five dollars ($165) and may be increased to two hundred
10thirty dollars ($230). The fee for transfer of intern hours or
11verification of licensure to another state shall be twenty-five dollars
12($25) and may be increased to thirty dollars ($30).

13
(m) The board may waive or refund the additional fee for the
14issuance of a license where the license is issued less than 45 days
15before the next regular renewal date.

16
(n) The fee for the reissuance of any license, or renewal thereof,
17that has been lost or destroyed or reissued due to a name change
18shall be thirty-five dollars ($35) and may be increased to forty-five
19dollars ($45).

20
(o) The fee for the reissuance of any license, or renewal thereof,
21that must be reissued because of a change in the information, shall
22be one hundred dollars ($100) and may be increased to one
23hundred thirty dollars ($130).

24
(p) It is the intent of the Legislature that, in setting fees pursuant
25to this section, the board shall seek to maintain a reserve in the
26Pharmacy Board Contingent Fund equal to approximately one
27year’s operating expenditures.

28
(q) The fee for any applicant for a nongovernmental clinic
29license shall be five hundred twenty dollars ($520) for each license
30and may be increased to five hundred seventy dollars ($570). The
31annual fee for renewal of the license shall be three hundred
32twenty-five dollars ($325) for each license and may be increased
33to three hundred sixty dollars ($360).

34
(r) The fee for the issuance of a pharmacy technician license
35shall be one hundred forty dollars ($140) and may be increased
36to one hundred ninety-five dollars ($195). The fee for renewal of
37a pharmacy technician license shall be one hundred forty dollars
38($140) and may be increased to one hundred ninety-five dollars
39($195).

P34   1
(s) The fee for a veterinary food-animal drug retailer license
2shall be four hundred thirty-five dollars ($435) and may be
3increased to six hundred ten dollars ($610). The annual renewal
4fee for a veterinary food-animal drug retailer license shall be three
5hundred thirty dollars ($330) and may be increased to four hundred
6sixty dollars ($460).

7
(t) The fee for issuance of a retired license pursuant to Section
84200.5 shall be thirty-five dollars ($35) and may be increased to
9forty-five dollars ($45).

10
(u) The fee for issuance of a nongovernmental sterile
11compounding pharmacy license shall be one thousand six hundred
12forty-five dollars ($1,645) and may be increased to two thousand
13three hundred five dollars ($2,305). The fee for a temporary license
14shall be five hundred fifty dollars ($550) and may be increased to
15seven hundred fifteen dollars ($715). The annual renewal fee of
16the license shall be one thousand three hundred twenty-five dollars
17($1,325) and may be increased to one thousand eight hundred
18fifty-five dollars ($1,855).

19
(v) The fee for the issuance of a nonresident sterile compounding
20pharmacy license shall be two thousand three hundred eighty
21dollars ($2,380) and may be increased to three thousand three
22hundred thirty-five dollars ($3,335). The annual renewal of the
23license shall be two thousand two hundred seventy dollars ($2,270)
24and may be increased to three thousand one hundred eighty dollars
25($3,180). In addition to paying that application fee, the nonresident
26sterile compounding pharmacy shall deposit, when submitting the
27application, a reasonable amount, as determined by the board,
28necessary to cover the board’s estimated cost of performing the
29inspection required by Section 4127.2. If the required deposit is
30not submitted with the application, the application shall be deemed
31to be incomplete. If the actual cost of the inspection exceeds the
32amount deposited, the board shall provide to the applicant a
33written invoice for the remaining amount and shall not take action
34on the application until the full amount has been paid to the board.
35If the amount deposited exceeds the amount of actual and necessary
36costs incurred, the board shall remit the difference to the applicant.

37
(w) The fee for the issuance of a centralized hospital packaging
38license shall be eight hundred twenty dollars ($820) and may be
39increased to one thousand one hundred fifty dollars ($1,150). The
40annual renewal of the license shall be eight hundred five dollars
P35   1($805) and may be increased to one thousand one hundred
2twenty-five dollars ($1,125).

3
(x) This section shall become operative on July 1, 2017.

end insert
4begin insert

begin insertSEC. 27.end insert  

end insert

begin insertChapter 15 (commencing with Section 4999) of
5Division 2 of the end insert
begin insertBusiness and Professions Codeend insertbegin insert is repealed.end insert

6begin insert

begin insertSEC. 28.end insert  

end insert

begin insertSection 7137 of the end insertbegin insertBusiness and Professions Codeend insert
7
begin insert is amended to read:end insert

8

7137.  

The board shall set fees by regulation. These fees shall
9not exceed the following schedule:

10(a) begin insert(1)end insertbegin insertend insertThe application fee for an original license in a single
11classification shall not be more than three hundredbegin delete dollars ($300).end delete
12
begin insert sixty dollars ($360).end insert

begin delete

13 The

end delete

14begin insert(2)end insertbegin insertend insertbegin insertTheend insert application fee for each additional classification applied
15for in connection with an original license shall not be more than
16seventy-five dollars ($75).

begin delete

17 The

end delete

18begin insert(3)end insertbegin insertend insertbegin insertTheend insert application fee for each additional classification pursuant
19to Section 7059 shall not be more thanbegin delete seventy-five dollars ($75).end delete
20
begin insert three hundred dollars ($300).end insert

begin delete

21 The

end delete

22begin insert(4)end insertbegin insertend insertbegin insertTheend insert application fee to replace a responsible managing officer,
23responsible managing manager, responsible managing member,
24or responsible managing employee pursuant to Section 7068.2
25shall not be more thanbegin delete seventy-five dollars ($75).end deletebegin insert three hundred
26dollars ($300).end insert

begin insert

27
(5) The application fee to add personnel, other than a qualifying
28individual, to an existing license shall not be more than one
29hundred fifty dollars ($150).

end insert

30(b) The fee for rescheduling an examination for an applicant
31who has applied for an original license, additional classification,
32a change of responsible managing officer, responsible managing
33manager, responsible managing member, or responsible managing
34employee, or for an asbestos certification or hazardous substance
35removal certification, shall not be more than sixty dollars ($60).

36(c) The fee for scheduling or rescheduling an examination for
37a licensee who is required to take the examination as a condition
38of probation shall not be more than sixty dollars ($60).

P36   1(d) The initial license fee for an active or inactive license shall
2not be more than begin delete one hundred eighty dollars ($180).end delete begin insert two hundred
3twenty dollars ($220).end insert

4(e) begin insert(1)end insertbegin insertend insertThe renewal fee for an active license shall not be more
5thanbegin delete three hundred sixty dollars ($360).end deletebegin insert four hundred thirty dollars
6($430).end insert

begin delete

7 The

end delete

8begin insert(2)end insertbegin insertend insertbegin insertTheend insert renewal fee for an inactive license shall not be more
9thanbegin delete one hundred eighty dollars ($180).end deletebegin insert two hundred twenty dollars
10($220).end insert

11(f) The delinquency fee is an amount equal to 50 percent of the
12renewal fee, if the license is renewed after its expiration.

13(g) The registration fee for a home improvement salesperson
14shall not be more thanbegin delete seventy-five dollars ($75).end deletebegin insert ninety dollars
15($90).end insert

16(h) The renewal fee for a home improvement salesperson
17registration shall not be more thanbegin delete seventy-five dollars ($75).end deletebegin insert ninety
18dollars ($90).end insert

19(i) The application fee for an asbestos certification examination
20shall not be more thanbegin delete seventy-five dollars ($75).end deletebegin insert ninety dollars
21($90).end insert

22(j) The application fee for a hazardous substance removal or
23remedial action certification examination shall not be more than
24
begin delete seventy-five dollars ($75).end deletebegin insert ninety dollars ($90).end insert

25(k) In addition to any other fees charged to C-10 and C-7
26contractors, the board may charge a fee not to exceed twenty dollars
27($20), which shall be used by the board to enforce provisions of
28the Labor Code related to electrician certification.

begin insert

29
(l) The board shall, by regulation, establish criteria for the
30approval of expedited processing of applications. Approved
31expedited processing of applications for licensure or registration,
32as required by other provisions of law, shall not be subject to this
33subdivision.

end insert
34begin insert

begin insertSEC. 29.end insert  

end insert

begin insertSection 7153.3 of the end insertbegin insertBusiness and Professions Codeend insert
35
begin insert is amended to read:end insert

36

7153.3.  

(a) To renew a home improvement salesperson
37registration, which has not expired, the registrant shall before the
38time at which the registration would otherwise expire, apply for
39renewal on a form prescribed by the registrar and pay a renewal
40fee prescribed by this chapter. Renewal of an unexpired registration
P37   1shall continue the registration in effect for the two-year period
2following the expiration date of the registration, when it shall
3expire if it is not again renewed.

4(b) An application for renewal of registration is delinquent if
5the application is not postmarked or received via electronic
6transmission as authorized by Section 7156.6 by the date on which
7the registration would otherwise expire. A registration may,
8however, still be renewed at any time within three years after its
9expiration upon the filing of an application for renewal on a form
10prescribed by the registrar and the payment of the renewal fee
11prescribed by this chapter and a delinquent renewal penaltybegin delete in the
12amount of twenty-five dollars ($25).end delete
begin insert equal to 50 percent of the
13renewal fee.end insert
If a registration is not renewed within three years, the
14person shall make a new application for registration pursuant to
15Section 7153.1.

16(c) The registrar may refuse to renew a registration for failure
17by the registrant to complete the application for renewal of
18registration. If a registrant fails to return the application rejected
19for insufficiency or incompleteness within 90 days from the
20original date of rejection, the application and fee shall be deemed
21 abandoned. Any application abandoned may not be reinstated.
22However, the person may file a new application for registration
23pursuant to Section 7153.1.

24The registrar may review and accept the petition of a person who
25disputes the abandonment of his or her renewal application upon
26a showing of good cause. This petition shall be received within 90
27days of the date the application for renewal is deemed abandoned.

28begin insert

begin insertSEC. 30.end insert  

end insert

begin insertSection 8031 of the end insertbegin insertBusiness and Professions Codeend insert
29
begin insert is amended to read:end insert

30

8031.  

The amount of the fees required by this chapter is that
31fixed by the board in accordance with the following schedule:

32(a) The fee for filing an application for each examination shall
33be no more than forty dollars ($40).

34(b) The fee for examination and reexamination for the written
35or practical part of the examination shall be in an amount fixed by
36the board, which shall be equal to the actual cost of preparing,
37administering, grading, and analyzing the examination, but shall
38not exceed seventy-five dollars ($75) for each separate part, for
39each administration.

P38   1(c) The initial certificate fee is an amount equal to the renewal
2fee in effect on the last regular renewal date before the date on
3which the certificate is issued, except that, if the certificate will
4expire less than 180 days after its issuance, then the fee is 50
5percent of the renewal fee in effect on the last regular renewal date
6before the date on which the certificate is issued, or fifty dollars
7($50), whichever is greater. The board may, by appropriate
8regulation, provide for the waiver or refund of the initial certificate
9fee where the certificate is issued less than 45 days before the date
10on which it will expire.

11(d) By a resolution adopted by the board, a renewal fee may be
12established in such amounts and at such times as the board may
13deem appropriate to meet its operational expenses and funding
14responsibilities as set forth in this chapter. The renewal fee shall
15not be more thanbegin delete one hundred twenty-five dollars ($125)end deletebegin insert two
16hundred fifty dollars ($250)end insert
nor less than ten dollars ($10) annually,
17with the following exception:

18Any person who is employed full time by the State of California
19as a hearing reporter and who does not otherwise render shorthand
20reporting services for a fee shall be exempt from licensure while
21in state employment and shall not be subject to the renewal fee
22provisions of this subdivision until 30 days after leaving state
23employment. The renewal fee shall, in addition to the amount fixed
24by this subdivision, include any unpaid fees required by this section
25plus any delinquency fee.

26(e) The duplicate certificate fee shall be no greater than ten
27dollars ($10).

28(f) The penalty for failure to notify the board of a change of
29name or address as required by Section 8024.6 shall be no greater
30than fifty dollars ($50).

31

begin deleteSEC. 4.end delete
32
begin insertSEC. 31.end insert  

Section 8516 of the Business and Professions Code
33 is amended to read:

34

8516.  

(a) This section, and Section 8519, apply only to wood
35destroying pests or organisms.

36(b) A registered company or licensee shall not commence work
37on a contract, or sign, issue, or deliver any documents expressing
38an opinion or statement relating to the absence or presence of wood
39destroying pests or organisms until an inspection has been made
40by a licensed Branch 3 field representative or operator employed
P39   1by a registered company, except as provided in Section 8519.5.
2The address of each property inspected or upon which work is
3completed shall be reported on a form prescribed by the board and
4shall be filed with the board no later than 10 business days after
5the commencement of an inspection or upon completed work.

6Every property inspected pursuant to this subdivision or Section
78518 shall be assessed a filing fee pursuant to Section 8674.

8Failure of a registered company to report and file with the board
9the address of any property inspected or work completed pursuant
10to Section 8518 or this section is grounds for disciplinary action
11and shall subject the registered company to a fine of not more than
12two thousand five hundred dollars ($2,500). The address of an
13inspection report prepared for use by an attorney for litigation
14purposes shall not be required to be reported to the board and shall
15not be assessed a filing fee.

16A written inspection report conforming to this section and a form
17approved by the board shall be prepared and delivered to the person
18requesting the inspection and the property owner, or to the property
19owner’s designated agent, within 10 business days from the start
20of the inspection, except that an inspection report prepared for use
21by an attorney for litigation purposes is not required to be reported
22to the board or the property owner. An inspection report may be
23a complete, limited, supplemental, or reinspection report, as defined
24by Section 1993 of Title 16 of the California Code of Regulations.
25The report shall be delivered before work is commenced on any
26property. The registered company shall retain for three years all
27inspection reports, field notes, and activity forms.

28Reports shall be made available for inspection and reproduction
29to the executive officer of the board or his or her duly authorized
30representative during business hours. All inspection reports or
31copies thereof shall be submitted to the board upon demand within
32two business days. The following shall be set forth in the report:

33(1) The start date of the inspection and the name of the licensed
34field representative or operator making the inspection.

35(2) The name and address of the person or firm ordering the
36report.

37(3) The name and address of the property owner and any person
38who is a party in interest.

39(4) The address or location of the property.

40(5) A general description of the building or premises inspected.

P40   1(6) A foundation diagram or sketch of the structure or structures
2or portions of the structure or structures inspected, including the
3approximate location of any infested or infected areas evident, and
4the parts of the structure where conditions that would ordinarily
5subject those parts to attack by wood destroying pests or organisms
6exist. Reporting of the infested or infected wood members, or parts
7of the structure identified, shall be listed in the inspection report
8to clearly identify them, as is typical in standard construction
9components, including, but not limited to, siding, studs, rafters,
10floor joists, fascia, subfloor, sheathing, and trim boards.

11(7) Information regarding the substructure, foundation walls
12and footings, porches, patios and steps, air vents, abutments, attic
13spaces, roof framing that includes the eaves, rafters, fascias,
14exposed timbers, exposed sheathing, ceiling joists, and attic walls,
15or other parts subject to attack by wood destroying pests or
16organisms. Conditions usually deemed likely to lead to infestation
17or infection, such as earth-wood contacts, excessive cellulose
18debris, faulty grade levels, excessive moisture conditions, evidence
19of roof leaks, and insufficient ventilation are to be reported.

20(8) One of the following statements, as appropriate, printed in
21bold type:

22(A) The exterior surface of the roof was not inspected. If you
23want the water tightness of the roof determined, you should contact
24a roofing contractor who is licensed by the Contractors’ State
25License Board.

26(B) The exterior surface of the roof was inspected to determine
27whether or not wood destroying pests or organisms are present.

28(9) Indication or description of any areas that are inaccessible
29or not inspected with recommendation for further inspection if
30practicable. If, after the report has been made in compliance with
31this section, authority is given later to open inaccessible areas, a
32supplemental report on conditions in these areas shall be made.

33(10) Recommendations for corrective measures.

34(11) Information regarding the pesticide or pesticides to be used
35for their control or prevention as set forth in subdivision (a) of
36Section 8538.

37(12) The inspection report shall clearly disclose that if requested
38by the person ordering the original report, a reinspection of the
39structure will be performed if an estimate or bid for making repairs
40was given with the original inspection report, or thereafter.

P41   1An estimate or bid shall be given separately allocating the costs
2to perform each and every recommendation for corrective measures
3as specified in subdivision (c) with the original inspection report
4if the person who ordered the original inspection report so requests,
5and if the registered company is regularly in the business of
6performing each corrective measure.

7If no estimate or bid was given with the original inspection
8report, or thereafter, then the registered company shall not be
9required to perform a reinspection.

10A reinspection shall be an inspection of those items previously
11listed on an original report to determine if the recommendations
12have been completed. Each reinspection shall be reported on an
13original inspection report form and shall be labeled “Reinspection.”
14Each reinspection shall also identify the original report by date.

15After four months from an original inspection, all inspections
16shall be original inspections and not reinspections.

17Any reinspection shall be performed for not more than the price
18of the registered company’s original inspection price and shall be
19completed within 10 business days after a reinspection has been
20ordered.

21(13) The inspection report shall contain the following statement,
22printed in boldface type:


24“NOTICE: Reports on this structure prepared by various
25registered companies should list the same findings (i.e. termite
26infestations, termite damage, fungus damage, etc.). However,
27recommendations to correct these findings may vary from company
28to company. You have a right to seek a second opinion from
29another company.”


31(c) At the time a report is ordered, the registered company or
32licensee shall inform the person or entity ordering the report, that
33abegin delete separatedend deletebegin insert separateend insert report is available pursuant to this subdivision.
34If abegin delete separatedend deletebegin insert separateend insert report is requested at the time the inspection
35report is ordered, the registered company or licensee shall
36separately identify on the report each recommendation for
37corrective measures as follows:

38(1) The infestation or infection that is evident.

39(2) The conditions that are present that are deemed likely to
40lead to infestation or infection.

P42   1If a registered company or licensee fails to inform as required
2by this subdivision and a dispute arises, or if any other dispute
3arises as to whether this subdivision has been complied with, a
4begin delete separatedend deletebegin insert separateend insert report shall be provided within 24 hours of the
5request but, in no event, later than the next business day, and at
6no additional cost.

7(d) When a corrective condition is identified, either as paragraph
8(1) or (2) of subdivision (c), and the property ownerbegin delete ofend deletebegin insert orend insert the
9property owner’s designated agent chooses not to correct those
10conditions, the registered company or licensee shall not be liable
11for damages resulting from a failure to correct those conditions or
12subject to any disciplinary action by the board. Nothing in this
13subdivision, however, shall relieve a registered company or a
14licensee of any liability resulting from negligence, fraud, dishonest
15dealing, other violations pursuant to this chapter, or contractual
16obligations between the registered company or licensee and the
17responsible parties.

18(e) The inspection report form prescribed by the board shall
19separately identify the infestation or infection that is evident and
20the conditions that are present that are deemed likely to lead to
21infestation or infection. If abegin delete separatedend deletebegin insert separateend insert form is requested,
22the form shall explain the infestation or infection that is evident
23and the conditions that are present that are deemed likely to lead
24to infestation or infection and the difference between those
25conditions. In no event, however, shall conditions deemed likely
26to lead to infestation or infection be characterized as actual
27“defects” or as actual “active” infestations or infections or in need
28of correction as a precondition to issuing a certification pursuant
29to Section 8519.

30(f) The report and any contract entered into shall also state
31specifically when any guarantee for the work is made, and if so,
32the specific terms of the guarantee and the period of time for which
33the guarantee shall be in effect. If a guarantee extends beyond three
34years, the registered company shall maintain all original inspection
35reports, field notes, activity forms, and notices of completion for
36the duration of the guarantee period and for one year after the
37guarantee expires.

38(g) For purposes of this section, “control service agreement”
39means an agreement, including extended warranties, to have a
40licensee conduct over a period of time regular inspections and
P43   1other activities related to the control or eradication of wood
2destroying pests and organisms. Under a control service agreement
3a registered company shall refer to the original report and contract
4in a manner as to identify them clearly, and the report shall be
5assumed to be a true report of conditions as originally issued,
6except it may be modified after a control service inspection. A
7registered company is not required to issue a report as outlined in
8paragraphs (1) to (11), inclusive, of subdivision (b) after each
9control service inspection. If after control service inspection, no
10modification of the original report is made in writing, then it will
11be assumed that conditions are as originally reported. A control
12service contract shall state specifically the particular wood
13destroying pests or organisms and the portions of the buildings or
14structures covered by the contract.

15(h) A registered company or licensee may enter into and
16maintain a control service agreement provided the following
17requirements are met:

18(1) The control service agreement shall be in writing, signed by
19both parties, and shall specifically include the following:

20(A) The wood destroying pests and organisms covered by the
21control service agreement.

22(B) Any wood destroying pest or organism that is not covered
23must be specifically listed.

24(C) The type and manner of treatment to be used to correct the
25infestations or infections.

26(D) The structures or buildings, or portions thereof, covered by
27the agreement, including a statement specifying whether the
28coverage for purposes of periodic inspections is limited or full.
29Any exclusions from those described in the original report must
30be specifically listed.

31(E) A reference to the original inspection report.

32(F) The frequency of the inspections to be provided, the fee to
33be charged for each renewal, and the duration of the agreement.

34(G) Whether the fee includes structural repairs.

35(H) If the services provided are guaranteed, and, if so, the terms
36of the guarantee.

37(I) A statement that all corrections of infestations or infections
38covered by the control service agreement shall be completed within
39six months of discovery, unless otherwise agreed to in writing by
40both parties.

P44   1(2) The original inspection report, the control service agreement,
2and completion report shall be maintained for three years after the
3cancellation of the control service agreement.

4(3) Inspections made pursuant to a control service agreement
5shall be conducted by a Branch 3 licensee. Section 8506.1 does
6not modify this provision.

7(4) A full inspection of the property covered by the control
8 service agreement shall be conducted and a report filed pursuant
9to subdivision (b) at least once every three years from the date that
10the agreement was entered into, unless the consumer cancels the
11contract within three years from the date the agreement was entered
12into.

13(5) Under a control service agreement, a written report shall be
14required for the correction of any infestation or infection unless
15all of the following conditions are met:

16(A) The infestation or infection has been previously reported.

17(B) The infestation or infection is covered by the control service
18agreement.

19(C) There is no additional charge for correcting the infestation
20or infection.

21(D) Correction of the infestation or infection takes place within
2245 days of its discovery.

23(E) Correction of the infestation or infection does not include
24fumigation.

25(6) All notice requirements pursuant to Section 8538 shall apply
26to all pesticide treatments conducted under control service
27agreements.

28(i) All work recommended by a registered company, where an
29estimate or bid for making repairs was given with the original
30inspection report, or thereafter, shall be recorded on this report or
31a separate work agreement and shall specify a price for each
32recommendation. This information shall be provided to the person
33requesting the inspection, and shall be retained by the registered
34company with the inspection report copy for three years.

35

begin deleteSEC. 5.end delete
36
begin insertSEC. 32.end insert  

Section 8518 of the Business and Professions Code
37 is amended to read:

38

8518.  

(a) When a registered company completes work under
39a contract, it shall prepare, on a form prescribed by the board, a
40notice of work completed and not completed, and shall furnish
P45   1that notice to the owner of the property or the owner’s agent within
210 business days after completing the work. The notice shall
3include a statement of the cost of the completed work and estimated
4cost of work not completed.

5(b) The address of each property inspected or upon which work
6was completed shall be reported on a form prescribed by the board
7and shall be filed with the board no later than 10 business days
8after completed work.

9(c) A filing fee shall be assessed pursuant to Section 8674 for
10every property upon which work is completed.

11(d) Failure of a registered company to report and file with the
12board the address of any property upon which work was completed
13pursuant to subdivision (b) of Section 8516 or this section is
14grounds for disciplinary action and shall subject the registered
15company to a fine of not more than two thousand five hundred
16dollars ($2,500).

17(e) The registered company shall retain for three years all
18original notices of work completed, work not completed, and
19activity forms.

20(f) Notices of work completed and not completed shall be made
21available for inspection and reproduction to the executive officer
22of the board or his or her duly authorized representative during
23business hours. Original notices of work completed or not
24completed or copies thereof shall be submitted to the board upon
25request within two business days.

26(g) This section shall only apply to work relating to wood
27destroying pests or organisms.

28

begin deleteSEC. 6.end delete
29
begin insertSEC. 33.end insert  

Section 8555 of the Business and Professions Code
30 is amended to read:

31

8555.  

This chapter does not apply to:

32(a) Public utilities operating under the regulations of the Public
33Utilities Commission, except to work performed upon property of
34the utilities not subject to the jurisdiction of the Public Utilities
35Commission or work done by the utility for hire.

36(b) Persons engaged only in agricultural pest control work under
37permit or license by the Department of Pesticide Regulation or a
38county agricultural commissioner.

P46   1(c) Pest control performed by persons upon property that they
2own,begin delete leaseend deletebegin insert lease,end insert or rent, except that the persons shall be subject
3to the limitations imposed by Article 3 of this chapter.

4(d) Governmental agencies, state, federal, city, or county
5officials, and their employees while officially engaged.

6(e) Authorized representatives of an educational institution or
7state or federal agency engaged in research or study of pest control,
8or engaged in investigation or preparation for expert opinion or
9testimony. A professional engaging in research, study,
10investigation, or preparation for expert opinion or testimony on
11his or her own behalf shall comply with the requirements of this
12chapter.

13(f) Certified architects and registered civil engineers, acting
14solely within their professional capacity, except that they shall be
15subject to the limitations imposed by Article 3 of this chapter.

16(g) Persons engaged in the live capture and removal or exclusion
17of bees or wasps from a structure without the use of pesticides,
18provided those persons maintain insurance coverage as described
19in Section 8692.

20begin insert

begin insertSEC. 34.end insert  

end insert

begin insertSection 1348.8 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
21repealed.end insert

begin delete
22

1348.8.  

(a) A health care service plan that provides, operates,
23or contracts for telephone medical advice services to its enrollees
24and subscribers shall do all of the following:

25(1) Ensure that the in-state or out-of-state telephone medical
26advice service is registered pursuant to Chapter 15 (commencing
27with Section 4999) of Division 2 of the Business and Professions
28Code.

29(2) Ensure that the staff providing telephone medical advice
30services for the in-state or out-of-state telephone medical advice
31service are licensed as follows:

32(A) For full service health care service plans, the staff hold a
33valid California license as a registered nurse or a valid license in
34the state within which they provide telephone medical advice
35services as a physician and surgeon or physician assistant, and are
36operating in compliance with the laws governing their respective
37scopes of practice.

38(B) (i) For specialized health care service plans providing,
39operating, or contracting with a telephone medical advice service
40in California, the staff shall be appropriately licensed, registered,
P47   1or certified as a dentist pursuant to Chapter 4 (commencing with
2Section 1600) of Division 2 of the Business and Professions Code,
3as a dental hygienist pursuant to Article 7 (commencing with
4Section 1740) of Chapter 4 of Division 2 of the Business and
5Professions Code, as a physician and surgeon pursuant to Chapter
65 (commencing with Section 2000) of Division 2 of the Business
7and Professions Code or the Osteopathic Initiative Act, as a
8registered nurse pursuant to Chapter 6 (commencing with Section
92700) of Division 2 of the Business and Professions Code, as a
10psychologist pursuant to Chapter 6.6 (commencing with Section
112900) of Division 2 of the Business and Professions Code, as an
12optometrist pursuant to Chapter 7 (commencing with Section 3000)
13of Division 2 of the Business and Professions Code, as a marriage
14and family therapist pursuant to Chapter 13 (commencing with
15Section 4980) of Division 2 of the Business and Professions Code,
16as a licensed clinical social worker pursuant to Chapter 14
17(commencing with Section 4991) of Division 2 of the Business
18and Professions Code, as a professional clinical counselor pursuant
19to Chapter 16 (commencing with Section 4999.10) of Division 2
20of the Business and Professions Code, or as a chiropractor pursuant
21to the Chiropractic Initiative Act, and operating in compliance
22with the laws governing their respective scopes of practice.

23(ii) For specialized health care service plans providing,
24operating, or contracting with an out-of-state telephone medical
25advice service, the staff shall be health care professionals, as
26identified in clause (i), who are licensed, registered, or certified
27in the state within which they are providing the telephone medical
28advice services and are operating in compliance with the laws
29governing their respective scopes of practice. All registered nurses
30providing telephone medical advice services to both in-state and
31out-of-state business entities registered pursuant to this chapter
32shall be licensed pursuant to Chapter 6 (commencing with Section
332700) of Division 2 of the Business and Professions Code.

34(3) Ensure that every full service health care service plan
35provides for a physician and surgeon who is available on an on-call
36basis at all times the service is advertised to be available to
37enrollees and subscribers.

38(4) Ensure that staff members handling enrollee or subscriber
39calls, who are not licensed, certified, or registered as required by
40paragraph (2), do not provide telephone medical advice. Those
P48   1staff members may ask questions on behalf of a staff member who
2is licensed, certified, or registered as required by paragraph (2),
3in order to help ascertain the condition of an enrollee or subscriber
4so that the enrollee or subscriber can be referred to licensed staff.
5However, under no circumstances shall those staff members use
6the answers to those questions in an attempt to assess, evaluate,
7advise, or make any decision regarding the condition of an enrollee
8or subscriber or determine when an enrollee or subscriber needs
9to be seen by a licensed medical professional.

10(5) Ensure that no staff member uses a title or designation when
11speaking to an enrollee or subscriber that may cause a reasonable
12person to believe that the staff member is a licensed, certified, or
13registered professional described in Section 4999.2 of the Business
14and Professions Code unless the staff member is a licensed,
15certified, or registered professional.

16(6) Ensure that the in-state or out-of-state telephone medical
17advice service designates an agent for service of process in
18California and files this designation with the director.

19(7) Requires that the in-state or out-of-state telephone medical
20advice service makes and maintains records for a period of five
21years after the telephone medical advice services are provided,
22including, but not limited to, oral or written transcripts of all
23medical advice conversations with the health care service plan’s
24enrollees or subscribers in California and copies of all complaints.
25If the records of telephone medical advice services are kept out of
26state, the health care service plan shall, upon the request of the
27director, provide the records to the director within 10 days of the
28request.

29(8) Ensure that the telephone medical advice services are
30provided consistent with good professional practice.

31(b) The director shall forward to the Department of Consumer
32Affairs, within 30 days of the end of each calendar quarter, data
33regarding complaints filed with the department concerning
34telephone medical advice services.

35(c) For purposes of this section, “telephone medical advice”
36means a telephonic communication between a patient and a health
37care professional in which the health care professional’s primary
38function is to provide to the patient a telephonic response to the
39patient’s questions regarding his or her or a family member’s
40medical care or treatment. “Telephone medical advice” includes
P49   1assessment, evaluation, or advice provided to patients or their
2family members.

end delete
3begin insert

begin insertSEC. 35.end insert  

end insert

begin insertSection 10279 of the end insertbegin insertInsurance Codeend insertbegin insert is repealed.end insert

begin delete
4

10279.  

(a) Every disability insurer that provides group or
5individual policies of disability, or both, that provides, operates,
6or contracts for, telephone medical advice services to its insureds
7shall do all of the following:

8(1) Ensure that the in-state or out-of-state telephone medical
9advice service is registered pursuant to Chapter 15 (commencing
10with Section 4999) of Division 2 of the Business and Professions
11Code.

12(2) Ensure that the staff providing telephone medical advice
13services for the in-state or out-of-state telephone medical advice
14service hold a valid California license as a registered nurse or a
15valid license in the state within which they provide telephone
16medical advice services as a physician and surgeon or physician
17assistant and are operating consistent with the laws governing their
18respective scopes of practice.

19(3) Ensure that a physician and surgeon is available on an on-call
20basis at all times the service is advertised to be available to
21enrollees and subscribers.

22(4) Ensure that the in-state or out-of-state telephone medical
23advice service designates an agent for service of process in
24California and files this designation with the commissioner.

25(5) Require that the in-state or out-of-state telephone medical
26advice service makes and maintains records for a period of five
27years after the telephone medical advice services are provided,
28including, but not limited to, oral or written transcripts of all
29medical advice conversations with the disability insurer’s insureds
30in California and copies of all complaints. If the records of
31telephone medical advice services are kept out of state, the insurer
32shall, upon the request of the director, provide the records to the
33director within 10 days of the request.

34(6) Ensure that the telephone medical advice services are
35provided consistent with good professional practice.

36(b) The commissioner shall forward to the Department of
37Consumer Affairs, within 30 days of the end of each calendar
38quarter, data regarding complaints filed with the department
39concerning telephone medical advice services.

end delete
P50   1

begin deleteSEC. 7.end delete
2
begin insertSEC. 36.end insert  

No reimbursement is required by this act pursuant to
3Section 6 of Article XIII B of the California Constitution because
4the only costs that may be incurred by a local agency or school
5district will be incurred because this act creates a new crime or
6infraction, eliminates a crime or infraction, or changes the penalty
7for a crime or infraction, within the meaning of Section 17556 of
8the Government Code, or changes the definition of a crime within
9the meaning of Section 6 of Article XIII B of the California
10Constitution.



O

    98