Amended in Senate April 12, 2016

Amended in Senate April 7, 2016

Senate BillNo. 1039


Introduced by Senator Hill

February 12, 2016


An act to amend Sections 1636.4, 2423, 2460, 2461, 2475, 2479, 2486, 2488, 2492, 2499, 2733, 2746.51, 2786.5, 2811, 2811.5, 2815, 2815.5, 2816, 2830.7, 2836.3, 2838.2, 4128.2, 7137, 7153.3, 8031, 8516,begin delete 8518, and 8555end deletebegin insert and 8518end 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, the Business and Professions Code, to repeal Section 1348.8 of the Health and Safety Code, and to repeal Section 10279 of the Insurance Code, 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 wouldbegin delete delete the authorization to contract with outside consultants and would insteadend delete 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 specified standards and the foreign dental school is not under review by the board on January 1, 2017, 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.

(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.

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.

(4) 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. 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.

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. 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.

(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.

This billbegin delete would discontinue the fee for issuance or annual renewal of a centralized hospital packaging pharmacy license. The billend delete would, on and after July 1, 2017,begin delete alsoend delete modifybegin delete otherend delete 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.

(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.

This bill would repeal those provisions.

(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.

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.

(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.

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.

(9) 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 or licensee, 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.

begin delete

Existing law provides that the laws governing structural pest control operators, including licensure, do 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.

end delete
begin delete

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 that engage 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 those persons to be licensed, this bill would require them to pay a license fee that would go into a continuously appropriated fund, which would, therefore, result in an appropriation.

end delete

(10) 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 Health Professions Education Foundation to
4increase 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).begin insert The board may contract with outside consultants
22or a national professional organization to survey and evaluate
23foreign dental schools. The consultant or organization shall report
24to the board regarding its findings in the survey and evaluation.end insert

25 The board may, in lieu of conducting its own survey and evaluation
26of a foreign dental school, accept the findings of any commission
27or accreditation agency approved by the board if the findings meet
28the standards of subdivision (c) and adopt those findings as the
29board’s own. This subdivision shall not apply to foreign dental
30schools seeking board approval that are under review by the board
31on January 1, 2017.

32(c) Any foreign dental school that wishes to be approved
33pursuant to this section shall make application to the board for this
34approval, which shall be based upon a finding by the board that
35the educational program of the foreign dental school is equivalent
36to that of similar accredited institutions in the United States and
37adequately prepares its students for the practice of dentistry.
38Curriculum, faculty qualifications, student attendance, plant and
P7    1facilities, and other relevant factors shall be reviewed and
2evaluated. The board shall identify by rule the standards and review
3procedures and methodology to be used in the approval process
4consistent with this subdivision. The board shall not grant approval
5if deficiencies found are of such magnitude as to prevent the
6students in the school from receiving an educational base suitable
7for the practice of dentistry.

8(d) Periodic surveys and evaluations of all approved schools
9may be made to ensure continued compliance with this section.
10Approval shall include provisional and full approval. The
11provisional form of approval shall be for a period determined by
12the board, not to exceed three years, and shall be granted to an
13institution, in accordance with rules established by the board, to
14provide reasonable time for the school seeking permanent approval
15to overcome deficiencies found by the board. Prior to the expiration
16of a provisional approval and before the full approval is granted,
17the school shall be required to submit evidence that deficiencies
18noted at the time of initial application have been remedied. A
19school granted full approval shall provide evidence of continued
20compliance with this section. In the event that the board denies
21approval or reapproval, the board shall give the school a specific
22listing of the deficiencies that caused the denial and the
23requirements for remedying the deficiencies, and shall permit the
24school, upon request, to demonstrate by satisfactory evidence,
25within 90 days, that it has remedied the deficiencies listed by the
26board.

27(e) A school shall pay a registration fee established by rule of
28the board, not to exceed one thousand dollars ($1,000), at the time
29of application for approval and shall pay all reasonable costs and
30expenses incurred for conducting the approval survey.

31(f) The board shall renew approval upon receipt of a renewal
32application, accompanied by a fee not to exceed five hundred
33dollars ($500). Each fully approved institution shall submit a
34renewal application every seven years. Any approval that is not
35renewed shall automatically expire.

36

SEC. 3.  

Section 2423 of the Business and Professions Code is
37amended to read:

38

2423.  

(a) Notwithstanding Section 2422:

39(1) All physician and surgeon’s certificates and certificates to
40practice midwifery shall expire at 12 midnight on the last day of
P8    1the birth month of the licensee during the second year of a two-year
2term if not renewed.

3(2) Registrations of dispensing opticians will expire at midnight
4on the last day of the month in which the license was issued during
5the second year of a two-year term if not renewed.

6(b) The board shall establish by regulation procedures for the
7administration of a birth date renewal program, including, but not
8limited to, the establishment of a system of staggered license
9expiration dates such that a relatively equal number of licenses
10expire monthly.

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

15

SEC. 4.  

Section 2460 of the Business and Professions Code is
16amended to read:

17

2460.  

(a) There is created within the Department of Consumer
18Affairs a California Board of Podiatric Medicine.

19(b) This section shall remain in effect only until January 1, 2017,
20and as of that date is repealed, unless a later enacted statute, that
21is enacted before January 1, 2017, deletes or extends that date.
22Notwithstanding any other provision of law, the repeal of this
23section renders the California Board of Podiatric Medicine subject
24to review by the appropriate policy committees of the Legislature.

25

SEC. 5.  

Section 2461 of the Business and Professions Code is
26amended to read:

27

2461.  

As used in this article:

28(a) “Board” means the California Board of Podiatric Medicine.

29(b) “Podiatric licensing authority” refers to any officer, board,
30commission, committee, or department of another state that may
31issue a license to practice podiatric medicine.

32

SEC. 6.  

Section 2475 of the Business and Professions Code is
33amended to read:

34

2475.  

Unless otherwise provided by law, no postgraduate
35trainee, intern, resident postdoctoral fellow, or instructor may
36engage in the practice of podiatric medicine, or receive
37compensation therefor, or offer to engage in the practice of
38podiatric medicine unless he or she holds a valid, unrevoked, and
39unsuspended certificate to practice podiatric medicine issued by
40the board. However, a graduate of an approved college or school
P9    1of podiatric medicine upon whom the degree doctor of podiatric
2medicine has been conferred, who is issued a resident’s license,
3which may be renewed annually for up to eight years for this
4purpose by the board, and who is enrolled in a postgraduate training
5program approved by the board, may engage in the practice of
6podiatric medicine whenever and wherever required as a part of
7that program and may receive compensation for that practice under
8the following conditions:

9(a) A graduate with a resident’s license in an approved
10internship, residency, or fellowship program may participate in
11training rotations outside the scope of podiatric medicine, under
12the supervision of a physician and surgeon who holds a medical
13doctor or doctor of osteopathy degree wherever and whenever
14required as a part of the training program, and may receive
15compensation for that practice. If the graduate fails to receive a
16license to practice podiatric medicine under this chapter within
17three years from the commencement of the postgraduate training,
18all privileges and exemptions under this section shall automatically
19cease.

20(b)  Hospitals functioning as a part of the teaching program of
21an approved college or school of podiatric medicine in this state
22may exchange instructors or resident or assistant resident doctors
23of podiatric medicine with another approved college or school of
24podiatric medicine not located in this state, or those hospitals may
25appoint a graduate of an approved school as such a resident for
26purposes of postgraduate training. Those instructors and residents
27may practice and be compensated as provided in this section, but
28that practice and compensation shall be for a period not to exceed
29two years.

30

SEC. 7.  

Section 2479 of the Business and Professions Code is
31amended to read:

32

2479.  

The board shall issue a certificate to practice podiatric
33medicine to each applicant who meets the requirements of this
34chapter. Every applicant for a certificate to practice podiatric
35medicine shall comply with the provisions of Article 4
36(commencing with Section 2080) which are not specifically
37applicable to applicants for a physician’s and surgeon’s certificate,
38in addition to the provisions of this article.

39

SEC. 8.  

Section 2486 of the Business and Professions Code is
40amended to read:

P10   1

2486.  

The board shall issue a certificate to practice podiatric
2medicine if the applicant has submitted directly to the board from
3the credentialing organizations verification that he or she meets
4all of the following requirements:

5(a) The applicant has graduated from an approved school or
6college of podiatric medicine and meets the requirements of Section
72483.

8(b) The applicant, within the past 10 years, has passed parts I,
9II, and III of the examination administered by the National Board
10of Podiatric Medical Examiners of the United States or has passed
11a written examination that is recognized by the board to be the
12equivalent in content to the examination administered by the
13National Board of Podiatric Medical Examiners of the United
14States.

15(c) The applicant has satisfactorily completed the postgraduate
16training required by Section 2484.

17(d) The applicant has passed within the past 10 years any oral
18and practical examination that may be required of all applicants
19by the board to ascertain clinical competence.

20(e) The applicant has committed no acts or crimes constituting
21grounds for denial of a certificate under Division 1.5 (commencing
22with Section 475).

23(f) The board determines that no disciplinary action has been
24taken against the applicant by any podiatric licensing authority
25and that the applicant has not been the subject of adverse judgments
26or settlements resulting from the practice of podiatric medicine
27that the board determines constitutes evidence of a pattern of
28negligence or incompetence.

29(g) A disciplinary databank report regarding the applicant is
30received by the board from the Federation of Podiatric Medical
31Boards.

32

SEC. 9.  

Section 2488 of the Business and Professions Code is
33amended to read:

34

2488.  

Notwithstanding any other law, the board shall issue a
35certificate to practice podiatric medicine by credentialing if the
36applicant has submitted directly to the board from the credentialing
37organizations verification that he or she is licensed as a doctor of
38podiatric medicine in any other state and meets all of the following
39requirements:

P11   1(a) The applicant has graduated from an approved school or
2college of podiatric medicine.

3(b) The applicant, within the past 10 years, has passed either
4part III of the examination administered by the National Board of
5Podiatric Medical Examiners of the United States or a written
6examination that is recognized by the board to be the equivalent
7in content to the examination administered by the National Board
8of Podiatric Medical Examiners of the United States.

9(c) The applicant has satisfactorily completed a postgraduate
10training program approved by the Council on Podiatric Medical
11Education.

12(d) The applicant, within the past 10 years, has passed any oral
13and practical examination that may be required of all applicants
14by the board to ascertain clinical competence.

15(e) The applicant has committed no acts or crimes constituting
16 grounds for denial of a certificate under Division 1.5 (commencing
17with Section 475).

18(f) The board determines that no disciplinary action has been
19taken against the applicant by any podiatric licensing authority
20and that the applicant has not been the subject of adverse judgments
21or settlements resulting from the practice of podiatric medicine
22that the board determines constitutes evidence of a pattern of
23negligence or incompetence.

24(g) A disciplinary databank report regarding the applicant is
25received by the board from the Federation of Podiatric Medical
26Boards.

27

SEC. 10.  

Section 2492 of the Business and Professions Code
28 is amended to read:

29

2492.  

(a) The board shall examine every applicant for a
30certificate to practice podiatric medicine to ensure a minimum of
31entry-level competence at the time and place designated by the
32board in its discretion, but at least twice a year.

33(b) Unless the applicant meets the requirements of Section 2486,
34applicants shall be required to have taken and passed the
35examination administered by the National Board of Podiatric
36Medical Examiners.

37(c) The board may appoint qualified persons to give the whole
38or any portion of any examination as provided in this article, who
39shall be designated as examination commissioners. The board may
P12   1fix the compensation of those persons subject to the provisions of
2applicable state laws and regulations.

3(d) The provisions of Article 9 (commencing with Section 2170)
4shall apply to examinations administered by the board except where
5those provisions are in conflict with or inconsistent with the
6provisions of this article.

7

SEC. 11.  

Section 2499 of the Business and Professions Code
8 is amended to read:

9

2499.  

There is in the State Treasury the Board of Podiatric
10Medicine Fund. Notwithstanding Section 2445, the board shall
11report to the Controller at the beginning of each calendar month
12for the month preceding the amount and source of all revenue
13received by the board, pursuant to this chapter, and shall pay the
14entire amount thereof to the Treasurer for deposit into the fund.
15All revenue received by the board from fees authorized to be
16charged relating to the practice of podiatric medicine shall be
17deposited in the fund as provided in this section, and shall be used
18to carry out the provisions of this chapter relating to the regulation
19of the practice of podiatric medicine.

20

SEC. 12.  

Section 2499.7 is added to the Business and
21Professions Code
, to read:

22

2499.7.  

(a) Certificates to practice podiatric medicine shall
23expire at 12 midnight on the last day of the birth month of the
24licensee during the second year of a two-year term.

25(b) To renew an unexpired certificate, the licensee, on or before
26the date on which the certificate would otherwise expire, shall
27apply for renewal on a form prescribed by the board and pay the
28prescribed renewal fee.

29

SEC. 13.  

Section 2733 of the Business and Professions Code
30 is amended to read:

31

2733.  

(a) (1) (A) Upon approval of an application filed
32pursuant to subdivision (b) of Section 2732.1, and upon the
33payment of the fee prescribed by subdivision (k) of Section 2815,
34the board may issue a temporary license to practice professional
35nursing, and a temporary certificate to practice as a certified public
36health nurse for a period of six months from the date of issuance.

37(B) Upon approval of an application filed pursuant to
38subdivision (b) of Section 2732.1, and upon the payment of the
39fee prescribed by subdivision (d) of Section 2838.2, the board may
P13   1issue a temporary certificate to practice as a certified clinical nurse
2specialist for a period of six months from the date of issuance.

3(C) Upon approval of an application filed pursuant to
4subdivision (b) of Section 2732.1, and upon the payment of the
5fee prescribed by subdivision (e) of Section 2815.5, the board may
6issue a temporary certificate to practice as a certified nurse midwife
7for a period of six months from the date of issuance.

8(D) Upon approval of an application filed pursuant to
9subdivision (b) of Section 2732.1, and upon the payment of the
10fee prescribed by subdivision (d) of Section 2830.7, the board may
11issue a temporary certificate to practice as a certified nurse
12anesthetist for a period of six months from the date of issuance.

13(E) Upon approval of an application filed pursuant to subdivision
14(b) of Section 2732.1, and upon the payment of the fee prescribed
15by subdivision (p) of Section 2815, the board may issue a
16temporary certificate to practice as a certified nurse practitioner
17for a period of six months from the date of issuance.

18(2) A temporary license or temporary certificate shall terminate
19upon notice thereof by certified mail, return receipt requested, if
20it is issued by mistake or if the application for permanent licensure
21is denied.

22(b) Upon written application, the board may reissue a temporary
23license or temporary certificate to any person who has applied for
24a regular renewable license pursuant to subdivision (b) of Section
252732.1 and who, in the judgment of the board has been excusably
26delayed in completing his or her application for or the minimum
27requirements for a regular renewable license, but the board may
28not reissue a temporary license or temporary certificate more than
29twice to any one person.

30

SEC. 14.  

Section 2746.51 of the Business and Professions
31Code
is amended to read:

32

2746.51.  

(a) Neither this chapter nor any other provision of
33law shall be construed to prohibit a certified nurse-midwife from
34furnishing or ordering drugs or devices, including controlled
35substances classified in Schedule II, III, IV, or V under the
36California Uniform Controlled Substances Act (Division 10
37(commencing with Section 11000) of the Health and Safety Code),
38when all of the following apply:

39(1) The drugs or devices are furnished or ordered incidentally
40to the provision of any of the following:

P14   1(A) Family planning services, as defined in Section 14503 of
2the Welfare and Institutions Code.

3(B) Routine health care or perinatal care, as defined in
4subdivision (d) of Section 123485 of the Health and Safety Code.

5(C) Care rendered, consistent with the certified nurse-midwife’s
6educational preparation or for which clinical competency has been
7established and maintained, to persons within a facility specified
8in subdivision (a), (b), (c), (d), (i), or (j) of Section 1206 of the
9Health and Safety Code, a clinic as specified in Section 1204 of
10the Health and Safety Code, a general acute care hospital as defined
11in subdivision (a) of Section 1250 of the Health and Safety Code,
12a licensed birth center as defined in Section 1204.3 of the Health
13and Safety Code, or a special hospital specified as a maternity
14hospital in subdivision (f) of Section 1250 of the Health and Safety
15Code.

16(2) The drugs or devices are furnished or ordered by a certified
17nurse-midwife in accordance with standardized procedures or
18protocols. For purposes of this section, standardized procedure
19means a document, including protocols, developed and approved
20by the supervising physician and surgeon, the certified
21nurse-midwife, and the facility administrator or his or her designee.
22The standardized procedure covering the furnishing or ordering
23of drugs or devices shall specify all of the following:

24(A) Which certified nurse-midwife may furnish or order drugs
25or devices.

26(B) Which drugs or devices may be furnished or ordered and
27under what circumstances.

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

29(D) The method of periodic review of the certified
30nurse-midwife’s competence, including peer review, and review
31of the provisions of the standardized procedure.

32(3) If Schedule II or III controlled substances, as defined in
33Sections 11055 and 11056 of the Health and Safety Code, are
34furnished or ordered by a certified nurse-midwife, the controlled
35substances shall be furnished or ordered in accordance with a
36patient-specific protocol approved by the treating or supervising
37physician and surgeon. For Schedule II controlled substance
38protocols, the provision for furnishing the Schedule II controlled
39substance shall address the diagnosis of the illness, injury, or
P15   1condition for which the Schedule II controlled substance is to be
2furnished.

3(4) The furnishing or ordering of drugs or devices by a certified
4nurse-midwife occurs under physician and surgeon supervision.
5For purposes of this section, no physician and surgeon shall
6supervise more than four certified nurse-midwives at one time.
7Physician and surgeon supervision shall not be construed to require
8the physical presence of the physician, but does include all of the
9following:

10(A) Collaboration on the development of the standardized
11procedure or protocol.

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

13(C) Availability by telephonic contact at the time of patient
14examination by the certified nurse-midwife.

15(b) (1) The furnishing or ordering of drugs or devices by a
16certified nurse-midwife is conditional on the issuance by the board
17of a number to the applicant who has successfully completed the
18requirements of paragraph (2). The number shall be included on
19all transmittals of orders for drugs or devices by the certified
20nurse-midwife. The board shall maintain a list of the certified
21nurse-midwives that it has certified pursuant to this paragraph and
22the number it has issued to each one. The board shall make the list
23available to the California State Board of Pharmacy upon its
24request. Every certified nurse-midwife who is authorized pursuant
25to this section to furnish or issue a drug order for a controlled
26substance shall register with the United States Drug Enforcement
27Administration.

28(2) The board has certified in accordance with paragraph (1)
29that the certified nurse-midwife has satisfactorily completed a
30course in pharmacology covering the drugs or devices to be
31furnished or ordered under this section. The board shall establish
32the requirements for satisfactory completion of this paragraph.
33The board may charge the applicant a fee to cover all necessary
34costs to implement this section, that shall be not less than four
35hundred dollars ($400) nor more than one thousand five hundred
36dollars ($1,500) for an initial application, nor less than one hundred
37fifty dollars ($150) nor more than one thousand dollars ($1,000)
38for an application for renewal. The board may charge a penalty
39fee for failure to renew a furnishing number within the prescribed
P16   1time that shall be not less than seventy-five dollars ($75) nor more
2than five hundred dollars ($500).

3(3) A physician and surgeon may determine the extent of
4supervision necessary pursuant to this section in the furnishing or
5ordering of drugs and devices.

6(4) A copy of the standardized procedure or protocol relating
7to the furnishing or ordering of controlled substances by a certified
8nurse-midwife shall be provided upon request to any licensed
9pharmacist who is uncertain of the authority of the certified
10nurse-midwife to perform these functions.

11(5) Certified nurse-midwives who are certified by the board and
12hold an active furnishing number, who are currently authorized
13through standardized procedures or protocols to furnish Schedule
14II controlled substances, and who are registered with the United
15 States Drug Enforcement Administration shall provide
16documentation of continuing education specific to the use of
17Schedule II controlled substances in settings other than a hospital
18based on standards developed by the board.

19(c) Drugs or devices furnished or ordered by a certified
20nurse-midwife may include Schedule II controlled substances
21under the California Uniform Controlled Substances Act (Division
2210 (commencing with Section 11000) of the Health and Safety
23Code) under the following conditions:

24(1) The drugs and devices are furnished or ordered in accordance
25with requirements referenced in paragraphs (2) to (4), inclusive,
26of subdivision (a) and in paragraphs (1) to (3), inclusive, of
27subdivision (b).

28(2) When Schedule II controlled substances, as defined in
29Section 11055 of the Health and Safety Code, are furnished or
30ordered by a certified nurse-midwife, the controlled substances
31shall be furnished or ordered in accordance with a patient-specific
32protocol approved by the treating or supervising physician and
33surgeon.

34(d) Furnishing of drugs or devices by a certified nurse-midwife
35means the act of making a pharmaceutical agent or agents available
36to the patient in strict accordance with a standardized procedure
37or protocol. Use of the term “furnishing” in this section shall
38include the following:

39(1) The ordering of a drug or device in accordance with the
40standardized procedure or protocol.

P17   1(2) Transmitting an order of a supervising physician and
2surgeon.

3(e) “Drug order” or “order” for purposes of this section means
4an order for medication or for a drug or device that is dispensed
5to or for an ultimate user, issued by a certified nurse-midwife as
6an individual practitioner, within the meaning of Section 1306.03
7of Title 21 of the Code of Federal Regulations. Notwithstanding
8any other provision of law, (1) a drug order issued pursuant to this
9section shall be treated in the same manner as a prescription of the
10supervising physician; (2) all references to “prescription” in this
11code and the Health and Safety Code shall include drug orders
12issued by certified nurse-midwives; and (3) the signature of a
13certified nurse-midwife on a drug order issued in accordance with
14this section shall be deemed to be the signature of a prescriber for
15purposes of this code and the Health and Safety Code.

16

SEC. 15.  

Section 2786.5 of the Business and Professions Code
17 is amended to read:

18

2786.5.  

(a) An institution of higher education or a private
19postsecondary school of nursing approved by the board pursuant
20to subdivision (b) of Section 2786 shall remit to the board for
21deposit in the Board of Registered Nursing Fund the following
22fees, in accordance with the following schedule:

23(1) The fee for approval of a school of nursing shall be fixed
24by the board at not less than forty thousand dollars ($40,000) nor
25more than eighty thousand dollars ($80,000).

26(2) The fee for continuing approval of a nursing program
27established after January 1, 2013, shall be fixed by the board at
28not less than fifteen thousand dollars ($15,000) nor more than
29thirty thousand dollars ($30,000).

30(3) The processing fee for authorization of a substantive change
31to an approval of a school of nursing shall be fixed by the board
32at not less than two thousand five hundred dollars ($2,500) nor
33more than five thousand dollars ($5,000).

34(b) If the board determines that the annual cost of providing
35oversight and review of a school of nursing, as required by this
36article, is less than the amount of any fees required to be paid by
37that institution pursuant to this article, the board may decrease the
38fees applicable to that institution to an amount that is proportional
39to the board’s costs associated with that institution.

P18   1

SEC. 16.  

Section 2811 of the Business and Professions Code
2 is amended to read:

3

2811.  

(a) Each person holding a regular renewable license
4under this chapter, whether in an active or inactive status, shall
5apply for a renewal of his license and pay the biennial renewal fee
6required by this chapter each two years on or before the last day
7of the month following the month in which his birthday occurs,
8beginning with the second birthday following the date on which
9the license was issued, whereupon the board shall renew the
10license.

11(b) Each such license not renewed in accordance with this
12section shall expire but may within a period of eight years
13thereafter be reinstated upon payment of the fee required by this
14chapter and upon submission of such proof of the applicant’s
15qualifications as may be required by the board, except that during
16such eight-year period no examination shall be required as a
17condition for the reinstatement of any such expired license which
18has lapsed solely by reason of nonpayment of the renewal fee.
19After the expiration of such eight-year period the board may require
20as a condition of reinstatement that the applicant pass such
21examination as it deems necessary to determine his present fitness
22to resume the practice of professional nursing.

23(c) A license in an inactive status may be restored to an active
24status if the licensee meets the continuing education standards of
25Section 2811.5.

26

SEC. 17.  

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

28

2811.5.  

(a) Each person renewing his or her license under
29Section 2811 shall submit proof satisfactory to the board that,
30during the preceding two-year period, he or she has been informed
31of the developments in the registered nurse field or in any special
32area of practice engaged in by the licensee, occurring since the
33last renewal thereof, either by pursuing a course or courses of
34continuing education in the registered nurse field or relevant to
35the practice of the licensee, and approved by the board, or by other
36means deemed equivalent by the board.

37(b) For purposes of this section, the board shall, by regulation,
38establish standards for continuing education. The standards shall
39be established in a manner to ensure that a variety of alternative
40forms of continuing education are available to licensees, including,
P19   1but not limited to, academic studies, in-service education, institutes,
2seminars, lectures, conferences, workshops, extension studies, and
3home study programs. The standards shall take cognizance of
4specialized areas of practice, and content shall be relevant to the
5practice of nursing and shall be related to the scientific knowledge
6or technical skills required for the practice of nursing or be related
7to direct or indirect patient or client care. The continuing education
8standards established by the board shall not exceed 30 hours of
9direct participation in a course or courses approved by the board,
10or its equivalent in the units of measure adopted by the board.

11(c) The board shall audit continuing education providers at least
12once every five years to ensure adherence to regulatory
13requirements, and shall withhold or rescind approval from any
14provider that is in violation of the regulatory requirements.

15(d) The board shall encourage continuing education in spousal
16or partner abuse detection and treatment. In the event the board
17establishes a requirement for continuing education coursework in
18spousal or partner abuse detection or treatment, that requirement
19shall be met by each licensee within no more than four years from
20the date the requirement is imposed.

21(e) In establishing standards for continuing education, the board
22shall consider including a course in the special care needs of
23individuals and their families facing end-of-life issues, including,
24but not limited to, all of the following:

25(1) Pain and symptom management.

26(2) The psycho-social dynamics of death.

27(3) Dying and bereavement.

28(4) Hospice care.

29(f) In establishing standards for continuing education, the board
30may include a course on pain management.

31(g) This section shall not apply to licensees during the first two
32years immediately following their initial licensure in California
33or any other governmental jurisdiction.

34(h) The board may, in accordance with the intent of this section,
35make exceptions from continuing education requirements for
36licensees residing in another state or country, or for reasons of
37health, military service, or other good cause.

38

SEC. 18.  

Section 2815 of the Business and Professions Code
39 is amended to read:

P20   1

2815.  

Subject to the provisions of Section 128.5, the amount
2of the fees prescribed by this chapter in connection with the
3issuance of licenses for registered nurses under its provisions is
4that fixed by the following schedule:

5(a) (1) The fee to be paid upon the filing by a graduate of an
6approved school of nursing in this state of an application for a
7licensure by examination shall be fixed by the board at not less
8than three hundred dollars ($300) nor more than one thousand
9dollars ($1,000).

10(2) The fee to be paid upon the filing by a graduate of a school
11of nursing in another state, district, or territory of the United States
12of an application for a licensure by examination shall be fixed by
13the board at not less than three hundred fifty dollars ($350) nor
14more than one thousand dollars ($1,000).

15(3) The fee to be paid upon the filing by a graduate of a school
16of nursing in another country of an application for a licensure by
17examination shall be fixed by the board at not less than seven
18hundred fifty dollars ($750) nor more than one thousand five
19hundred dollars ($1,500).

20(4) The fee to be paid upon the filing of an application for
21licensure by a repeat examination shall be fixed by the board at
22not less than two hundred fifty dollars ($250) and not more than
23one thousand dollars ($1,000).

24(b) The fee to be paid for taking each examination shall be the
25actual cost to purchase an examination from a vendor approved
26by the board.

27(c) (1) The fee to be paid for application by a person who is
28licensed or registered as a nurse in another state, district, or territory
29of the United States for licensure by endorsement shall be fixed
30by the board at not less than three hundred fifty dollars ($350) nor
31more than one thousand dollars ($1,000).

32(2) The fee to be paid for application by a person who is licensed
33or registered as a nurse in another country for licensure by
34endorsement shall be fixed by the board at not less than seven
35hundred fifty dollars ($750) nor more than one thousand five
36hundred dollars ($1,500).

37(d) (1) The biennial fee to be paid upon the filing of an
38application for renewal of the license shall be not less than one
39hundred eighty dollars ($180) nor more than seven hundred fifty
40dollars ($750). In addition, an assessment of ten dollars ($10) shall
P21   1be collected and credited to the Registered Nurse Education Fund,
2pursuant to Section 2815.1.

3(2) The fee to be paid upon the filing of an application for
4reinstatement pursuant to subdivision (b) of Section 2811 shall be
5not less than three hundred fifty dollars ($350) nor more than one
6thousand dollars ($1,000).

7(e) The penalty fee for failure to renew a license within the
8prescribed time shall be fixed by the board at not more than 50
9percent of the regular renewal fee, but not less than ninety dollars
10($90) nor more than three hundred seventy-five dollars ($375).

11(f) The fee to be paid for approval of a continuing education
12provider shall be fixed by the board at not less than five hundred
13dollars ($500) nor more than one thousand dollars ($1,000).

14(g) The biennial fee to be paid upon the filing of an application
15for renewal of provider approval shall be fixed by the board at not
16less than seven hundred fifty dollars ($750) nor more than one
17thousand dollars ($1,000).

18(h) The penalty fee for failure to renew provider approval within
19the prescribed time shall be fixed at not more than 50 percent of
20the regular renewal fee, but not less than one hundred twenty-five
21dollars ($125) nor more than five hundred dollars ($500).

22(i) The penalty for submitting insufficient funds or fictitious
23check, draft or order on any bank or depository for payment of
24any fee to the board shall be fixed at not less than fifteen dollars
25($15) nor more than thirty dollars ($30).

26(j) The fee to be paid for an interim permit shall be fixed by the
27board at not less than one hundred dollars ($100) nor more than
28two hundred fifty dollars ($250).

29(k) The fee to be paid for a temporary license shall be fixed by
30the board at not less than one hundred dollars ($100) nor more
31than two hundred fifty dollars ($250).

32(l) The fee to be paid for processing endorsement papers to other
33states shall be fixed by the board at not less than one hundred
34dollars ($100) nor more than two hundred dollars ($200).

35(m) The fee to be paid for a certified copy of a school transcript
36 shall be fixed by the board at not less than fifty dollars ($50) nor
37more than one hundred dollars ($100).

38(n) (1) The fee to be paid for a duplicate pocket license shall
39be fixed by the board at not less than fifty dollars ($50) nor more
40than seventy-five dollars ($75).

P22   1(2) The fee to be paid for a duplicate wall certificate shall be
2fixed by the board at not less than sixty dollars ($60) nor more
3than one hundred dollars ($100).

4(o) (1) The fee to be paid by a registered nurse for an evaluation
5of his or her qualifications to use the title “nurse practitioner” shall
6be fixed by the board at not less than five hundred dollars ($500)
7nor more than one thousand five hundred dollars ($1,500).

8(2) The fee to be paid by a registered nurse for a temporary
9certificate to practice as a nurse practitioner shall be fixed by the
10board at not less than one hundred fifty dollars ($150) nor more
11than five hundred dollars ($500).

12(3) The fee to be paid upon the filing of an application for
13renewal of a certificate to practice as a nurse practitioner shall be
14not less than one hundred fifty dollars ($150) nor more than one
15thousand dollars ($1,000).

16(4) The penalty fee for failure to renew a certificate to practice
17as a nurse practitioner within the prescribed time shall be not less
18than seventy-five dollars ($75) nor more than five hundred dollars
19($500).

20(p) The fee to be paid by a registered nurse for listing as a
21“psychiatric mental health nurse” shall be fixed by the board at
22not less than three hundred fifty dollars ($350) nor more than seven
23hundred fifty dollars ($750).

24(q) The fee to be paid for duplicate National Council Licensure
25 Examination for registered nurses (NCLEX-RN) examination
26results shall be not less than sixty dollars ($60) nor more than one
27hundred dollars ($100).

28(r) The fee to be paid for a letter certifying a license shall be
29not less than twenty dollars ($20) nor more than thirty dollars
30($30).

31No further fee shall be required for a license or a renewal thereof
32other than as prescribed by this chapter.

33

SEC. 19.  

Section 2815.5 of the Business and Professions Code
34 is amended to read:

35

2815.5.  

The amount of the fees prescribed by this chapter in
36connection with the issuance of certificates as nurse-midwives is
37that fixed by the following schedule:

38(a) The fee to be paid upon the filing of an application for a
39certificate shall be fixed by the board at not less than five hundred
P23   1dollars ($500) nor more than one thousand five hundred dollars
2($1,500).

3(b) The biennial fee to be paid upon the application for a renewal
4of a certificate shall be fixed by the board at not less than one
5hundred fifty dollars ($150) nor more than one thousand dollars
6($1,000).

7(c) The penalty fee for failure to renew a certificate within the
8prescribed time shall be 50 percent of the renewal fee in effect on
9the date of the renewal of the license, but not less than seventy-five
10dollars ($75) nor more than five hundred dollars ($500).

11(d) The fee to be paid upon the filing of an application for the
12nurse-midwife equivalency examination shall be fixed by the board
13at not less than one hundred dollars ($100) nor more than two
14hundred dollars ($200).

15(e) The fee to be paid for a temporary certificate shall be fixed
16by the board at not less than one hundred fifty dollars ($150) nor
17more than five hundred dollars ($500).

18

SEC. 20.  

Section 2816 of the Business and Professions Code
19 is amended to read:

20

2816.  

The nonrefundable fee to be paid by a registered nurse
21for an evaluation of his or her qualifications to use the title “public
22health nurse” shall be equal to the fees set out in subdivision (o)
23of Section 2815. The fee to be paidbegin delete forend delete upon the application for
24renewal of the certificate to practice as a public health nurse shall
25be fixed by the board at not less than one hundred twenty-five
26dollars ($125) and not more than five hundred dollars ($500). All
27fees payable under this section shall be collected by and paid to
28the Registered Nursing Fund. It is the intention of the Legislature
29that the costs of carrying out the purposes of this article shall be
30covered by the revenue collected pursuant to this section.

31

SEC. 21.  

Section 2830.7 of the Business and Professions Code
32 is amended to read:

33

2830.7.  

The amount of the fees prescribed by this chapter in
34connection with the issuance of certificates as nurse anesthetists
35is that fixed by the following schedule:

36(a) The fee to be paid upon the filing of an application for a
37certificate shall be fixed by the board at not less than five hundred
38dollars ($500) nor more than one thousand five hundred dollars
39($1,500).

P24   1(b) The biennial fee to be paid upon the application for a renewal
2of a certificate shall be fixed by the board at not less than one
3hundred fifty dollars ($150) nor more than one thousand dollars
4($1,000).

5(c) The penalty fee for failure to renew a certificate within the
6prescribed time shall be 50 percent of the renewal fee in effect on
7the date of the renewal of the license, but not less than seventy-five
8dollars ($75) nor more than five hundred dollars ($500).

9(d) The fee to be paid for a temporary certificate shall be fixed
10by the board at not less than one hundred fifty dollars ($150) nor
11more than five hundred dollars ($500).

12

SEC. 22.  

Section 2836.3 of the Business and Professions Code
13 is amended to read:

14

2836.3.  

(a) The furnishing of drugs or devices by nurse
15practitioners is conditional on issuance by the board of a number
16to the nurse applicant who has successfully completed the
17requirements of subdivision (g) of Section 2836.1. The number
18shall be included on all transmittals of orders for drugs or devices
19by the nurse practitioner. The board shall make the list of numbers
20issued available to the Board of Pharmacy. The board may charge
21the applicant a fee to cover all necessary costs to implement this
22section, that shall be not less than four hundred dollars ($400) nor
23more than one thousand five hundred dollars ($1,500) for an initial
24application, nor less than one hundred fifty dollars ($150) nor more
25than one thousand dollars ($1,000) for an application for renewal.
26The board may charge a penalty fee for failure to renew a
27furnishing number within the prescribed time that shall be not less
28than seventy-five dollars ($75) nor more than five hundred dollars
29($500).

30(b) The number shall be renewable at the time of the applicant’s
31registered nurse license renewal.

32(c) The board may revoke, suspend, or deny issuance of the
33numbers for incompetence or gross negligence in the performance
34of functions specified in Sections 2836.1 and 2836.2.

35

SEC. 23.  

Section 2838.2 of the Business and Professions Code
36 is amended to read:

37

2838.2.  

(a) A clinical nurse specialist is a registered nurse with
38advanced education, who participates in expert clinical practice,
39education, research, consultation, and clinical leadership as the
40major components of his or her role.

P25   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) (1) A nonrefundable fee of not less than five hundred dollars
23($500), but not to exceed one thousand five hundred dollars
24($1,500) shall be paid by a registered nurse applying to be a clinical
25nurse specialist for the evaluation of his or her qualifications to
26use the title “clinical nurse specialist.”

27(2) The fee to be paid for a temporary certificate to practice as
28a clinical nurse specialist shall be not less than thirty dollars ($30)
29nor more than fifty dollars ($50).

30(3) A biennial renewal fee shall be paid upon submission of an
31application to renew the clinical nurse specialist certificate and
32shall be established by the board at no less than one hundred fifty
33dollars ($150) and no more than one thousand dollars ($1,000).

34(4) The penalty fee for failure to renew a certificate within the
35prescribed time shall be 50 percent of the renewal fee in effect on
36the date of the renewal of the license, but not less than seventy-five
37dollars ($75) nor more than five hundred dollars ($500).

38(5) The fees authorized by this subdivision shall not exceed the
39amount necessary to cover the costs to the board to administer this
40section.

P26   1

SEC. 24.  

Section 4128.2 of the Business and Professions Code
2 is amended to read:

3

4128.2.  

(a) In addition to the pharmacy license requirement
4described in Section 4110, a centralized hospital packaging
5pharmacy shall obtain a specialty license from the board prior to
6engaging in the functions described in Section 4128.

7(b) An applicant seeking a specialty license pursuant to this
8article shall apply to the board on forms established by the board.

9(c) Before issuing the specialty license, the board shall inspect
10the pharmacy and ensure that the pharmacy is in compliance with
11this article and regulations established by the board.

12(d) A license to perform the functions described in Section 4128
13may only be issued to a pharmacy that is licensed by the board as
14a hospital pharmacy.

15(e) A license issued pursuant to this article shall be renewed
16annually and is not transferrable.

17(f) An applicant seeking renewal of a specialty license shall
18apply to the board on forms established by the board.

19(g) A license to perform the functions described in Section 4128
20shall not be renewed until the pharmacy has been inspected by the
21board and found to be in compliance with this article and
22regulations established by the board.

23

SEC. 25.  

Section 4400 of the Business and Professions Code
24 is amended to read:

25

4400.  

The amount of fees and penalties prescribed by this
26chapter, except as otherwise provided, is that fixed by the board
27according to the following schedule:

28(a) The fee for a nongovernmental pharmacy license shall be
29four hundred dollars ($400) and may be increased to five hundred
30twenty dollars ($520). The fee for the issuance of a temporary
31nongovernmental pharmacy permit shall be two hundred fifty
32dollars ($250) and may be increased to three hundred twenty-five
33dollars ($325).

34(b) The fee for a nongovernmental pharmacy license annual
35renewal shall be two hundred fifty dollars ($250) and may be
36increased to three hundred twenty-five dollars ($325).

37(c) The fee for the pharmacist application and examination shall
38be two hundred dollars ($200) and may be increased to two
39hundred sixty dollars ($260).

P27   1(d) The fee for regrading an examination shall be ninety dollars
2($90) and may be increased to one hundred fifteen dollars ($115).
3If an error in grading is found and the applicant passes the
4examination, the regrading fee shall be refunded.

5(e) The fee for a pharmacist license and biennial renewal shall
6be one hundred fifty dollars ($150) and may be increased to one
7hundred ninety-five dollars ($195).

8(f) The fee for a nongovernmental wholesaler or third-party
9logistics provider license and annual renewal shall be seven
10hundred eighty dollars ($780) and may be decreased to no less
11than six hundred dollars ($600). The application fee for any
12additional location after licensure of the first 20 locations shall be
13three hundred dollars ($300) and may be decreased to no less than
14two hundred twenty-five dollars ($225). A temporary license fee
15shall be seven hundred fifteen dollars ($715) and may be decreased
16to no less than five hundred fifty dollars ($550).

17(g) The fee for a hypodermic license and renewal shall be one
18hundred twenty-five dollars ($125) and may be increased to one
19hundred sixty-five dollars ($165).

20(h) (1) The fee for application, investigation, and issuance of
21a license as a designated representative pursuant to Section 4053,
22or as a designated representative-3PL pursuant to Section 4053.1,
23shall be three hundred thirty dollars ($330) and may be decreased
24to no less than two hundred fifty-five dollars ($255).

25(2) The fee for the annual renewal of a license as a designated
26representative or designated representative-3PL shall be one
27hundred ninety-five dollars ($195) and may be decreased to no
28less than one hundred fifty dollars ($150).

29(i) (1) The fee for the application, investigation, and issuance
30of a license as a designated representative for a veterinary
31food-animal drug retailer pursuant to Section 4053 shall be three
32hundred thirty dollars ($330) and may be decreased to no less than
33two hundred fifty-five dollars ($255).

34(2) The fee for the annual renewal of a license as a designated
35representative for a veterinary food-animal drug retailer shall be
36one hundred ninety-five dollars ($195) and may be decreased to
37no less than one hundred fifty dollars ($150).

38(j) (1) The application fee for a nonresident wholesaler or
39third-party logistics provider license issued pursuant to Section
P28   14161 shall be seven hundred eighty dollars ($780) and may be
2decreased to no less than six hundred dollars ($600).

3(2) For nonresident wholesalers or third-party logistics providers
4that have 21 or more facilities operating nationwide the application
5fees for the first 20 locations shall be seven hundred eighty dollars
6($780) and may be decreased to no less than six hundred dollars
7($600). The application fee for any additional location after
8licensure of the first 20 locations shall be three hundred dollars
9($300) and may be decreased to no less than two hundred
10twenty-five dollars ($225). A temporary license fee shall be seven
11hundred fifteen dollars ($715) and may be decreased to no less
12than five hundred fifty dollars ($550).

13(3) The annual renewal fee for a nonresident wholesaler license
14or third-party logistics provider license issued pursuant to Section
154161 shall be seven hundred eighty dollars ($780) and may be
16decreased to no less than six hundred dollars ($600).

17(k) The fee for evaluation of continuing education courses for
18accreditation shall be set by the board at an amount not to exceed
19forty dollars ($40) per course hour.

20(l) The fee for an intern pharmacist license shall be ninety dollars
21($90) and may be increased to one hundred fifteen dollars ($115).
22The fee for transfer of intern hours or verification of licensure to
23another state shall be twenty-five dollars ($25) and may be
24increased to thirty dollars ($30).

25(m) The board may waive or refund the additional fee for the
26issuance of a license where the license is issued less than 45 days
27before the next regular renewal date.

28(n) The fee for the reissuance of any license, or renewal thereof,
29that has been lost or destroyed or reissued due to a name change
30shall be thirty-five dollars ($35) and may be increased to forty-five
31dollars ($45).

32(o) The fee for the reissuance of any license, or renewal thereof,
33that must be reissued because of a change in the information, shall
34be one hundred dollars ($100) and may be increased to one hundred
35thirty dollars ($130).

36(p) It is the intent of the Legislature that, in setting fees pursuant
37to this section, the board shall seek to maintain a reserve in the
38Pharmacy Board Contingent Fund equal to approximately one
39year’s operating expenditures.

P29   1(q) The fee for any applicant for a nongovernmental clinic
2license shall be four hundred dollars ($400) and may be increased
3to five hundred twenty dollars ($520) for each license. The annual
4fee for renewal of the license shall be two hundred fifty dollars
5($250) and may be increased to three hundred twenty-five dollars
6($325) for each license.

7(r) The fee for the issuance of a pharmacy technician license
8shall be eighty dollars ($80) and may be increased to one hundred
9five dollars ($105). The fee for renewal of a pharmacy technician
10license shall be one hundred dollars ($100) and may be increased
11to one hundred thirty dollars ($130).

12(s) The fee for a veterinary food-animal drug retailer license
13shall be four hundred five dollars ($405) and may be increased to
14four hundred twenty-five dollars ($425). The annual renewal fee
15for a veterinary food-animal drug retailer license shall be two
16hundred fifty dollars ($250) and may be increased to three hundred
17twenty-five dollars ($325).

18(t) The fee for issuance of a retired license pursuant to Section
19 4200.5 shall be thirty-five dollars ($35) and may be increased to
20forty-five dollars ($45).

21(u) The fee for issuance or renewal of a nongovernmental sterile
22compounding pharmacy license shall be six hundred dollars ($600)
23and may be increased to seven hundred eighty dollars ($780). The
24fee for a temporary license shall be five hundred fifty dollars ($550)
25and may be increased to seven hundred fifteen dollars ($715).

26(v) The fee for the issuance or renewal of a nonresident sterile
27compounding pharmacy license shall be seven hundred eighty
28dollars ($780). In addition to paying that application fee, the
29nonresident sterile compounding pharmacy shall deposit, when
30submitting the application, a reasonable amount, as determined by
31the board, necessary to cover the board’s estimated cost of
32performing the inspection required by Section 4127.2. If the
33required deposit is not submitted with the application, the
34application shall be deemed to be incomplete. If the actual cost of
35the inspection exceeds the amount deposited, the board shall
36provide to the applicant a written invoice for the remaining amount
37and shall not take action on the application until the full amount
38has been paid to the board. If the amount deposited exceeds the
39amount of actual and necessary costs incurred, the board shall
40remit the difference to the applicant.

P30   1(w) This section shall become inoperative on July 1, 2017, and
2as of January 1, 2018, is repealed.

3

SEC. 26.  

Section 4400 is added to the Business and Professions
4Code
, to read:

5

4400.  

The amount of fees and penalties prescribed by this
6chapter, except as otherwise provided, is that fixed by the board
7according to the following schedule:

8(a) The fee for a nongovernmental pharmacy license shall be
9five hundred twenty dollars ($520) and may be increased to five
10hundred seventy dollars ($570). The fee for the issuance of a
11temporary nongovernmental pharmacy permit shall be two hundred
12fifty dollars ($250) and may be increased to three hundred
13twenty-five dollars ($325).

14(b) The fee for a nongovernmental pharmacy license annual
15renewal shall be six hundred sixty-five dollars ($665) and may be
16increased to nine hundred thirty dollars ($930).

17(c) The fee for the pharmacist application and examination shall
18be two hundred sixty dollars ($260) and may be increased to two
19hundred eighty-five dollars ($285).

20(d) The fee for regrading an examination shall be ninety dollars
21($90) and may be increased to one hundred fifteen dollars ($115).
22If an error in grading is found and the applicant passes the
23examination, the regrading fee shall be refunded.

24(e) The fee for a pharmacist license shall be one hundred
25ninety-five dollars ($195) and may be increased to two hundred
26fifteen dollars ($215). The fee for a pharmacist biennial renewal
27shall be three hundred sixty dollars ($360) and may be increased
28to five hundred five dollars ($505).

29(f) The fee for a nongovernmental wholesaler or third-party
30logistics provider license and annual renewal shall be seven
31hundred eighty dollars ($780) and may be increased to eight
32hundred twenty dollars ($820). The application fee for any
33additional location after licensure of the first 20 locations shall be
34three hundred dollars ($300) and may be decreased to no less than
35two hundred twenty-five dollars ($225). A temporary license fee
36shall be seven hundred fifteen dollars ($715) and may be decreased
37to no less than five hundred fifty dollars ($550).

38(g) The fee for a hypodermic license shall be one hundred
39seventy dollars ($170) and may be increased to two hundred forty
40dollars ($240). The fee for a hypodermic license renewal shall be
P31   1two hundred dollars ($200) and may be increased to two hundred
2eighty dollars ($280).

3(h) (1) The fee for application, investigation, and issuance of
4a license as a designated representative pursuant to Section 4053,
5or as a designated representative-3PL pursuant to Section 4053.1,
6shall be one hundred fifty dollars ($150) and may be increased to
7two hundred ten dollars ($210).

8(2) The fee for the annual renewal of a license as a designated
9representative or designated representative-3PL shall be two
10hundred fifteen dollars ($215) and may be increased to three
11hundred dollars ($300).

12(i) (1) The fee for the application, investigation, and issuance
13of a license as a designated representative for a veterinary
14food-animal drug retailer pursuant to Section 4053 shall be one
15hundred fifty dollars ($150) and may be increased to two hundred
16ten dollars ($210).

17(2) The fee for the annual renewal of a license as a designated
18representative for a veterinary food-animal drug retailer shall be
19 two hundred fifteen dollars ($215) and may be increased to three
20hundred dollars ($300).

21(j) (1) The application fee for a nonresident wholesaler or
22third-party logistics provider license issued pursuant to Section
234161 shall be seven hundred eighty dollars ($780) and may be
24increased to eight hundred twenty dollars ($820).

25(2) For nonresident wholesalers or third-party logistics providers
26that have 21 or more facilities operating nationwide the application
27fees for the first 20 locations shall be seven hundred eighty dollars
28($780) and may be increased to eight hundred twenty dollars
29($820). The application fee for any additional location after
30licensure of the first 20 locations shall be three hundred dollars
31($300) and may be decreased to no less than two hundred
32twenty-five dollars ($225). A temporary license fee shall be seven
33hundred fifteen dollars ($715) and may be decreased to no less
34than five hundred fifty dollars ($550).

35(3) The annual renewal fee for a nonresident wholesaler license
36or third-party logistics provider license issued pursuant to Section
374161 shall be seven hundred eighty dollars ($780) and may be
38increased to eight hundred twenty dollars ($820).

P32   1(k) The fee for evaluation of continuing education courses for
2accreditation shall be set by the board at an amount not to exceed
3forty dollars ($40) per course hour.

4(l) The fee for an intern pharmacist license shall be one hundred
5sixty-five dollars ($165) and may be increased to two hundred
6thirty dollars ($230). The fee for transfer of intern hours or
7verification of licensure to another state shall be twenty-five dollars
8($25) and may be increased to thirty dollars ($30).

9(m) The board may waive or refund the additional fee for the
10issuance of a license where the license is issued less than 45 days
11before the next regular renewal date.

12(n) The fee for the reissuance of any license, or renewal thereof,
13that has been lost or destroyed or reissued due to a name change
14shall be thirty-five dollars ($35) and may be increased to forty-five
15dollars ($45).

16(o) The fee for the reissuance of any license, or renewal thereof,
17that must be reissued because of a change in the information, shall
18be one hundred dollars ($100) and may be increased to one hundred
19thirty dollars ($130).

20(p) It is the intent of the Legislature that, in setting fees pursuant
21to this section, the board shall seek to maintain a reserve in the
22Pharmacy Board Contingent Fund equal to approximately one
23year’s operating expenditures.

24(q) The fee for any applicant for a nongovernmental clinic
25 license shall be five hundred twenty dollars ($520) for each license
26and may be increased to five hundred seventy dollars ($570). The
27annual fee for renewal of the license shall be three hundred
28twenty-five dollars ($325) for each license and may be increased
29to three hundred sixty dollars ($360).

30(r) The fee for the issuance of a pharmacy technician license
31shall be one hundred forty dollars ($140) and may be increased to
32one hundred ninety-five dollars ($195). The fee for renewal of a
33pharmacy technician license shall be one hundred forty dollars
34($140) and may be increased to one hundred ninety-five dollars
35($195).

36(s) The fee for a veterinary food-animal drug retailer license
37shall be four hundred thirty-five dollars ($435) and may be
38increased to six hundred ten dollars ($610). The annual renewal
39fee for a veterinary food-animal drug retailer license shall be three
P33   1hundred thirty dollars ($330) and may be increased to four hundred
2sixty dollars ($460).

3(t) The fee for issuance of a retired license pursuant to Section
44200.5 shall be thirty-five dollars ($35) and may be increased to
5forty-five dollars ($45).

6(u) The fee for issuance of a nongovernmental sterile
7compounding pharmacy license shall be one thousand six hundred
8forty-five dollars ($1,645) and may be increased to two thousand
9three hundred five dollars ($2,305). The fee for a temporary license
10shall be five hundred fifty dollars ($550) and may be increased to
11seven hundred fifteen dollars ($715). The annual renewal fee of
12the license shall be one thousand three hundred twenty-five dollars
13($1,325) and may be increased to one thousand eight hundred
14fifty-five dollars ($1,855).

15(v) The fee for the issuance of a nonresident sterile compounding
16pharmacy license shall be two thousand three hundred eighty
17dollars ($2,380) and may be increased to three thousand three
18hundred thirty-five dollars ($3,335). The annual renewal of the
19license shall be two thousand two hundred seventy dollars ($2,270)
20and may be increased to three thousand one hundred eighty dollars
21($3,180). In addition to paying that application fee, the nonresident
22sterile compounding pharmacy shall deposit, when submitting the
23application, a reasonable amount, as determined by the board,
24necessary to cover the board’s estimated cost of performing the
25inspection required by Section 4127.2. If the required deposit is
26not submitted with the application, the application shall be deemed
27to be incomplete. If the actual cost of the inspection exceeds the
28amount deposited, the board shall provide to the applicant a written
29invoice for the remaining amount and shall not take action on the
30application until the full amount has been paid to the board. If the
31amount deposited exceeds the amount of actual and necessary
32costs incurred, the board shall remit the difference to the applicant.

33(w) The fee for the issuance of a centralized hospital packaging
34license shall be eight hundred twenty dollars ($820) and may be
35increased to one thousand one hundred fifty dollars ($1,150). The
36annual renewal of the license shall be eight hundred five dollars
37($805) and may be increased to one thousand one hundred
38twenty-five dollars ($1,125).

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

P34   1

SEC. 27.  

Chapter 15 (commencing with Section 4999) of
2Division 2 of the Business and Professions Code is repealed.

3

SEC. 28.  

Section 7137 of the Business and Professions Code
4 is amended to read:

5

7137.  

The board shall set fees by regulation. These fees shall
6not exceed the following schedule:

7(a) (1) The application fee for an original license in a single
8classification shall not be more than three hundred sixty dollars
9($360).

10(2) The application fee for each additional classification applied
11for in connection with an original license shall not be more than
12seventy-five dollars ($75).

13(3) The application fee for each additional classification pursuant
14to Section 7059 shall not be more than three hundred dollars
15($300).

16(4) The application fee to replace a responsible managing officer,
17responsible managing manager, responsible managing member,
18or responsible managing employee pursuant to Section 7068.2
19shall not be more than three hundred dollars ($300).

20(5) The application fee to add personnel, other than a qualifying
21individual, to an existing license shall not be more than one
22hundred fifty dollars ($150).

23(b) The fee for rescheduling an examination for an applicant
24who has applied for an original license, additional classification,
25a change of responsible managing officer, responsible managing
26manager, responsible managing member, or responsible managing
27employee, or for an asbestos certification or hazardous substance
28removal certification, shall not be more than sixty dollars ($60).

29(c) The fee for scheduling or rescheduling an examination for
30a licensee who is required to take the examination as a condition
31of probation shall not be more than sixty dollars ($60).

32(d) The initial license fee for an active or inactive license shall
33not be more than two hundred twenty dollars ($220).

34(e) (1) The renewal fee for an active license shall not be more
35than four hundred thirty dollars ($430).

36(2) The renewal fee for an inactive license shall not be more
37than two hundred twenty dollars ($220).

38(f) The delinquency fee is an amount equal to 50 percent of the
39renewal fee, if the license is renewed after its expiration.

P35   1(g) The registration fee for a home improvement salesperson
2shall not be more than ninety dollars ($90).

3(h) The renewal fee for a home improvement salesperson
4registration shall not be more than ninety dollars ($90).

5(i) The application fee for an asbestos certification examination
6shall not be more than ninety dollars ($90).

7(j) The application fee for a hazardous substance removal or
8remedial action certification examination shall not be more than
9ninety dollars ($90).

10(k) In addition to any other fees charged to C-10 and C-7
11contractors, the board may charge a fee not to exceed twenty dollars
12($20), which shall be used by the board to enforce provisions of
13the Labor Code related to electrician certification.

14(l) The board shall, by regulation, establish criteria for the
15approval of expedited processing of applications. Approved
16expedited processing of applications for licensure or registration,
17as required by other provisions of law, shall not be subject to this
18subdivision.

19

SEC. 29.  

Section 7153.3 of the Business and Professions Code
20 is amended to read:

21

7153.3.  

(a) To renew a home improvement salesperson
22registration, which has not expired, the registrant shall before the
23time at which the registration would otherwise expire, apply for
24renewal on a form prescribed by the registrar and pay a renewal
25fee prescribed by this chapter. Renewal of an unexpired registration
26shall continue the registration in effect for the two-year period
27following the expiration date of the registration, when it shall
28expire if it is not again renewed.

29(b) An application for renewal of registration is delinquent if
30the application is not postmarked or received via electronic
31transmission as authorized by Section 7156.6 by the date on which
32the registration would otherwise expire. A registration may,
33however, still be renewed at any time within three years after its
34expiration upon the filing of an application for renewal on a form
35prescribed by the registrar and the payment of the renewal fee
36prescribed by this chapter and a delinquent renewal penalty equal
37to 50 percent of the renewal fee. If a registration is not renewed
38within three years, the person shall make a new application for
39registration pursuant to Section 7153.1.

P36   1(c) The registrar may refuse to renew a registration for failure
2by the registrant to complete the application for renewal of
3registration. If a registrant fails to return the application rejected
4for insufficiency or incompleteness within 90 days from the
5original date of rejection, the application and fee shall be deemed
6 abandoned. Any application abandoned may not be reinstated.
7However, the person may file a new application for registration
8pursuant to Section 7153.1.

9The registrar may review and accept the petition of a person who
10disputes the abandonment of his or her renewal application upon
11a showing of good cause. This petition shall be received within 90
12days of the date the application for renewal is deemed abandoned.

13

SEC. 30.  

Section 8031 of the Business and Professions Code
14 is amended to read:

15

8031.  

The amount of the fees required by this chapter is that
16fixed by the board in accordance with the following schedule:

17(a) The fee for filing an application for each examination shall
18be no more than forty dollars ($40).

19(b) The fee for examination and reexamination for the written
20or practical part of the examination shall be in an amount fixed by
21the board, which shall be equal to the actual cost of preparing,
22administering, grading, and analyzing the examination, but shall
23not exceed seventy-five dollars ($75) for each separate part, for
24each administration.

25(c) The initial certificate fee is an amount equal to the renewal
26fee in effect on the last regular renewal date before the date on
27which the certificate is issued, except that, if the certificate will
28expire less than 180 days after its issuance, then the fee is 50
29percent of the renewal fee in effect on the last regular renewal date
30before the date on which the certificate is issued, or fifty dollars
31($50), whichever is greater. The board may, by appropriate
32regulation, provide for the waiver or refund of the initial certificate
33fee where the certificate is issued less than 45 days before the date
34on which it will expire.

35(d) By a resolution adopted by the board, a renewal fee may be
36established in such amounts and at such times as the board may
37deem appropriate to meet its operational expenses and funding
38responsibilities as set forth in this chapter. The renewal fee shall
39not be more than two hundred fifty dollars ($250) nor less than
40ten dollars ($10) annually, with the following exception:

P37   1Any person who is employed full time by the State of California
2as a hearing reporter and who does not otherwise render shorthand
3reporting services for a fee shall be exempt from licensure while
4in state employment and shall not be subject to the renewal fee
5provisions of this subdivision until 30 days after leaving state
6employment. The renewal fee shall, in addition to the amount fixed
7by this subdivision, include any unpaid fees required by this section
8plus any delinquency fee.

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

11(f) The penalty for failure to notify the board of a change of
12name or address as required by Section 8024.6 shall be no greater
13than fifty dollars ($50).

14

SEC. 31.  

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

16

8516.  

(a) This section, and Section 8519, apply only to wood
17destroying pests or organisms.

18(b) A registered company or licensee shall not commence work
19on a contract, or sign, issue, or deliver any documents expressing
20an opinion or statement relating to the absence or presence of wood
21destroying pests or organisms until an inspection has been made
22by a licensed Branch 3 field representative or operator employed
23by a registered company, except as provided in Section 8519.5.
24The address of each property inspected or upon which work is
25completed shall be reported on a form prescribed by the board and
26shall be filed with the board no later than 10 business days after
27the commencement of an inspection or upon completed work.

28Every property inspected pursuant to this subdivision or Section
298518 shall be assessed a filing fee pursuant to Section 8674.

30Failure of a registered company to report and file with the board
31the address of any property inspected or work completed pursuant
32to Section 8518 or this section is grounds for disciplinary action
33and shall subject the registered company to a fine of not more than
34two thousand five hundred dollars ($2,500). The address of an
35inspection report prepared for use by an attorney for litigation
36purposes shall not be required to be reported to the board and shall
37not be assessed a filing fee.

38A written inspection report conforming to this section and a form
39approved by the board shall be prepared and delivered to the person
40requesting the inspection and the property owner, or to the property
P38   1owner’s designated agent, within 10 business days from the start
2of the inspection, except that an inspection report prepared for use
3by an attorney for litigation purposes is not required to be reported
4to the board or the property owner. An inspection report may be
5a complete, limited, supplemental, or reinspection report, as defined
6by Section 1993 of Title 16 of the California Code of Regulations.
7The report shall be delivered before work is commenced on any
8property. The registered company shall retain for three years all
9inspection reports, field notes, and activity forms.

10Reports shall be made available for inspection and reproduction
11to the executive officer of the board or his or her duly authorized
12representative during business hours. All inspection reports or
13copies thereof shall be submitted to the board upon demand within
14two business days. The following shall be set forth in the report:

15(1) The start date of the inspection and the name of the licensed
16field representative or operator making the inspection.

17(2) The name and address of the person or firm ordering the
18report.

19(3) The name and address of the property owner and any person
20who is a party in interest.

21(4) The address or location of the property.

22(5) A general description of the building or premises inspected.

23(6) A foundation diagram or sketch of the structure or structures
24or portions of the structure or structures inspected, including the
25approximate location of any infested or infected areas evident, and
26the parts of the structure where conditions that would ordinarily
27subject those parts to attack by wood destroying pests or organisms
28exist. Reporting of the infested or infected wood members, or parts
29of the structure identified, shall be listed in the inspection report
30to clearly identify them, as is typical in standard construction
31components, including, but not limited to, siding, studs, rafters,
32floor joists, fascia, subfloor, sheathing, and trim boards.

33(7) Information regarding the substructure, foundation walls
34and footings, porches, patios and steps, air vents, abutments, attic
35spaces, roof framing that includes the eaves, rafters, fascias,
36exposed timbers, exposed sheathing, ceiling joists, and attic walls,
37or other parts subject to attack by wood destroying pests or
38organisms. Conditions usually deemed likely to lead to infestation
39or infection, such as earth-wood contacts, excessive cellulose
P39   1debris, faulty grade levels, excessive moisture conditions, evidence
2of roof leaks, and insufficient ventilation are to be reported.

3(8) One of the following statements, as appropriate, printed in
4bold type:

5(A) The exterior surface of the roof was not inspected. If you
6want the water tightness of the roof determined, you should contact
7a roofing contractor who is licensed by the Contractors’ State
8License Board.

9(B) The exterior surface of the roof was inspected to determine
10whether or not wood destroying pests or organisms are present.

11(9) Indication or description of any areas that are inaccessible
12or not inspected with recommendation for further inspection if
13practicable. If, after the report has been made in compliance with
14this section, authority is given later to open inaccessible areas, a
15supplemental report on conditions in these areas shall be made.

16(10) Recommendations for corrective measures.

17(11) Information regarding the pesticide or pesticides to be used
18for their control or prevention as set forth in subdivision (a) of
19Section 8538.

20(12) The inspection report shall clearly disclose that if requested
21by the person ordering the original report, a reinspection of the
22structure will be performed if an estimate or bid for making repairs
23was given with the original inspection report, or thereafter.

24An estimate or bid shall be given separately allocating the costs
25to perform each and every recommendation for corrective measures
26as specified in subdivision (c) with the original inspection report
27if the person who ordered the original inspection report so requests,
28and if the registered company is regularly in the business of
29performing each corrective measure.

30If no estimate or bid was given with the original inspection
31report, or thereafter, then the registered company shall not be
32required to perform a reinspection.

33A reinspection shall be an inspection of those items previously
34listed on an original report to determine if the recommendations
35have been completed. Each reinspection shall be reported on an
36original inspection report form and shall be labeled “Reinspection.”
37Each reinspection shall also identify the original report by date.

38After four months from an original inspection, all inspections
39shall be original inspections and not reinspections.

P40   1Any reinspection shall be performed for not more than the price
2of the registered company’s original inspection price and shall be
3completed within 10 business days after a reinspection has been
4ordered.

5(13) The inspection report shall contain the following statement,
6printed in boldface type:


8“NOTICE: Reports on this structure prepared by various
9registered companies should list the same findings (i.e. termite
10infestations, termite damage, fungus damage, etc.). However,
11recommendations to correct these findings may vary from company
12to company. You have a right to seek a second opinion from
13another company.”


15(c) At the time a report is ordered, the registered company or
16licensee shall inform the person or entity ordering the report, that
17a separate report is available pursuant to this subdivision. If a
18separate report is requested at the time the inspection report is
19ordered, the registered company or licensee shall separately identify
20on the report each recommendation for corrective measures as
21follows:

22(1) The infestation or infection that is evident.

23(2) The conditions that are present that are deemed likely to
24lead to infestation or infection.

25If a registered company or licensee fails to inform as required
26by this subdivision and a dispute arises, or if any other dispute
27arises as to whether this subdivision has been complied with, a
28separate report shall be provided within 24 hours of the request
29but, in no event, later than the next business day, and at no
30additional cost.

31(d) When a corrective condition is identified, either as paragraph
32(1) or (2) of subdivision (c), and the property owner or the property
33owner’s designated agent chooses not to correct those conditions,
34the registered company or licensee shall not be liable for damages
35resulting from a failure to correct those conditions or subject to
36any disciplinary action by the board. Nothing in this subdivision,
37however, shall relieve a registered company or a licensee of any
38liability resulting from negligence, fraud, dishonest dealing, other
39violations pursuant to this chapter, or contractual obligations
P41   1between the registered company or licensee and the responsible
2parties.

3(e) The inspection report form prescribed by the board shall
4separately identify the infestation or infection that is evident and
5the conditions that are present that are deemed likely to lead to
6infestation or infection. If a separate form is requested, the form
7shall explain the infestation or infection that is evident and the
8conditions that are present that are deemed likely to lead to
9infestation or infection and the difference between those conditions.
10 In no event, however, shall conditions deemed likely to lead to
11infestation or infection be characterized as actual “defects” or as
12actual “active” infestations or infections or in need of correction
13as a precondition to issuing a certification pursuant to Section
148519.

15(f) The report and any contract entered into shall also state
16specifically when any guarantee for the work is made, and if so,
17the specific terms of the guarantee and the period of time for which
18the guarantee shall be in effect. If a guarantee extends beyond three
19years, the registered company shall maintain all original inspection
20reports, field notes, activity forms, and notices of completion for
21the duration of the guarantee period and for one year after the
22guarantee expires.

23(g) For purposes of this section, “control service agreement”
24means an agreement, including extended warranties, to have a
25licensee conduct over a period of time regular inspections and
26other activities related to the control or eradication of wood
27destroying pests and organisms. Under a control service agreement
28a registered company shall refer to the original report and contract
29in a manner as to identify them clearly, and the report shall be
30assumed to be a true report of conditions as originally issued,
31except it may be modified after a control service inspection. A
32registered company is not required to issue a report as outlined in
33paragraphs (1) to (11), inclusive, of subdivision (b) after each
34control service inspection. If after control service inspection, no
35modification of the original report is made in writing, then it will
36be assumed that conditions are as originally reported. A control
37service contract shall state specifically the particular wood
38destroying pests or organisms and the portions of the buildings or
39structures covered by the contract.

P42   1(h) A registered company or licensee may enter into and
2maintain a control service agreement provided the following
3requirements are met:

4(1) The control service agreement shall be in writing, signed by
5both parties, and shall specifically include the following:

6(A) The wood destroying pests and organisms covered by the
7control service agreement.

8(B) Any wood destroying pest or organism that is not covered
9must be specifically listed.

10(C) The type and manner of treatment to be used to correct the
11infestations or infections.

12(D) The structures or buildings, or portions thereof, covered by
13the agreement, including a statement specifying whether the
14coverage for purposes of periodic inspections is limited or full.
15Any exclusions from those described in the original report must
16be specifically listed.

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

18(F) The frequency of the inspections to be provided, the fee to
19be charged for each renewal, and the duration of the agreement.

20(G) Whether the fee includes structural repairs.

21(H) If the services provided are guaranteed, and, if so, the terms
22of the guarantee.

23(I) A statement that all corrections of infestations or infections
24covered by the control service agreement shall be completed within
25six months of discovery, unless otherwise agreed to in writing by
26both parties.

27(2) The original inspection report, the control service agreement,
28and completion report shall be maintained for three years after the
29cancellation of the control service agreement.

30(3) Inspections made pursuant to a control service agreement
31shall be conducted by a Branch 3 licensee. Section 8506.1 does
32not modify this provision.

33(4) A full inspection of the property covered by the control
34 service agreement shall be conducted and a report filed pursuant
35to subdivision (b) at least once every three years from the date that
36the agreement was entered into, unless the consumer cancels the
37contract within three years from the date the agreement was entered
38into.

P43   1(5) Under a control service agreement, a written report shall be
2required for the correction of any infestation or infection unless
3all of the following conditions are met:

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

5(B) The infestation or infection is covered by the control service
6agreement.

7(C) There is no additional charge for correcting the infestation
8or infection.

9(D) Correction of the infestation or infection takes place within
1045 days of its discovery.

11(E) Correction of the infestation or infection does not include
12fumigation.

13(6) All notice requirements pursuant to Section 8538 shall apply
14to all pesticide treatments conducted under control service
15agreements.

16(i) All work recommended by a registered company, where an
17estimate or bid for making repairs was given with the original
18inspection report, or thereafter, shall be recorded on this report or
19a separate work agreement and shall specify a price for each
20recommendation. This information shall be provided to the person
21requesting the inspection, and shall be retained by the registered
22company with the inspection report copy for three years.

23

SEC. 32.  

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

25

8518.  

(a) When a registered company completes work under
26a contract, it shall prepare, on a form prescribed by the board, a
27notice of work completed and not completed, and shall furnish
28that notice to the owner of the property or the owner’s agent within
2910 business days after completing the work. The notice shall
30include a statement of the cost of the completed work and estimated
31cost of work not completed.

32(b) The address of each property inspected or upon which work
33was completed shall be reported on a form prescribed by the board
34and shall be filed with the board no later than 10 business days
35after completed work.

36(c) A filing fee shall be assessed pursuant to Section 8674 for
37every property upon which work is completed.

38(d) Failure of a registered company to report and file with the
39board the address of any property upon which work was completed
40pursuant to subdivision (b) of Section 8516 or this section is
P44   1grounds for disciplinary action and shall subject the registered
2company to a fine of not more than two thousand five hundred
3dollars ($2,500).

4(e) The registered company shall retain for three years all
5original notices of work completed, work not completed, and
6activity forms.

7(f) Notices of work completed and not completed shall be made
8available for inspection and reproduction to the executive officer
9of the board or his or her duly authorized representative during
10business hours. Original notices of work completed or not
11completed or copies thereof shall be submitted to the board upon
12request within two business days.

13(g) This section shall only apply to work relating to wood
14destroying pests or organisms.

begin delete
15

SEC. 33.  

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

17

8555.  

This chapter does not apply to:

18(a) Public utilities operating under the regulations of the Public
19Utilities Commission, except to work performed upon property of
20the utilities not subject to the jurisdiction of the Public Utilities
21Commission or work done by the utility for hire.

22(b) Persons engaged only in agricultural pest control work under
23permit or license by the Department of Pesticide Regulation or a
24county agricultural commissioner.

25(c) Pest control performed by persons upon property that they
26own, lease, or rent, except that the persons shall be subject to the
27limitations imposed by Article 3 of this chapter.

28(d) Governmental agencies, state, federal, city, or county
29officials, and their employees while officially engaged.

30(e) Authorized representatives of an educational institution or
31state or federal agency engaged in research or study of pest control,
32or engaged in investigation or preparation for expert opinion or
33testimony. A professional engaging in research, study,
34investigation, or preparation for expert opinion or testimony on
35his or her own behalf shall comply with the requirements of this
36chapter.

37(f) Certified architects and registered civil engineers, acting
38solely within their professional capacity, except that they shall be
39subject to the limitations imposed by Article 3 of this chapter.

P45   1(g) Persons engaged in the live capture and removal or exclusion
2of bees or wasps from a structure without the use of pesticides,
3provided those persons maintain insurance coverage as described
4in Section 8692.

end delete
5

begin deleteSEC. 34.end delete
6
begin insertSEC. 33.end insert  

Section 1348.8 of the Health and Safety Code is
7repealed.

8

begin deleteSEC. 35.end delete
9
begin insertSEC. 34.end insert  

Section 10279 of the Insurance Code is repealed.

10

begin deleteSEC. 36.end delete
11
begin insertSEC. 35.end insert  

No reimbursement is required by this act pursuant to
12Section 6 of Article XIII B of the California Constitution because
13the only costs that may be incurred by a local agency or school
14district will be incurred because this act creates a new crime or
15infraction, eliminates a crime or infraction, or changes the penalty
16for a crime or infraction, within the meaning of Section 17556 of
17the Government Code, or changes the definition of a crime within
18the meaning of Section 6 of Article XIII B of the California
19Constitution.



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