Amended in Senate April 21, 2016

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 Sectionsbegin delete 1636.4,end delete 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,begin insert 4999, 4999.2,end insert 7137, 7153.3, 8031, 8516, and 8518 of, to amend, repeal, and add Section 4400 of, to add Section 2499.7 to,begin delete andend delete to repealbegin delete Chapter 15 (commencing with Section 4999) of Division 2 of,end deletebegin insert Sections 4999.1, 4999.3, 4999.4, and 4999.6 of, and to repeal and add Section 4999.5 of,end insert the Business and Professions Code, tobegin delete repealend deletebegin insert amendend insert Section 1348.8 of the Health and Safety Code, and tobegin delete repealend deletebegin insert amendend insert 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.

begin delete

(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.

end delete
begin delete

This bill would 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.

end delete
begin delete

(3)

end delete

begin insert(2)end insert 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.

begin delete

(4)

end delete

begin insert(3)end insert The Nursing Practice Act provides for the licensure and regulation of nurse practitioners by the Board of Registered Nursing, which is within the Department of Consumer Affairs, and requires the board to adopt regulations establishing standards for continuing education for licensees, as specified. That act requires providers of continuing education programs approved by the board to make records of continuing education courses given to registered nurses available for board inspection. 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.

begin delete

(5)

end delete

begin insert(4)end insert 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 bill would, on and after July 1, 2017, modify 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.

begin delete

(6)

end delete

begin insert(5)end insert Existing law requiresbegin delete certainend delete businessesbegin insert that employ, or contract or subcontract with, the full-time equivalent of 5 or more persons functioning as health care professionals, as defined, whose primary function is to provide telephone medical advice,end insert 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,begin delete among other provisions,end delete as specified.

begin delete

This bill would repeal those provisions.

end delete
begin insert

This bill would discontinue the requirement that those businesses be registered with the bureau, would instead make the respective healing arts licensing boards responsible for enforcing those requirements and any other laws and regulations affecting those health care professionals licensed in California, and would make conforming and related changes.

end insert
begin delete

(7)

end delete

begin insert(6)end insert 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.

begin delete

(8)

end delete

begin insert(7)end insert 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.

begin delete

(9)

end delete

begin insert(8)end insert Existing law provides for the licensure and regulation of structural pest control operators and registered companies by the Structural Pest Control Board, which is within the Department of Consumer Affairs, and requires a licensee to pay a specified license fee. Existing law makes any violation of those provisions punishable as a misdemeanor. Existing law places certain requirements on a registered company or licensee with regards to wood destroying pests or organisms, including that a registered company or licensee is prohibited from commencing work on a contract until an inspection has been made by a licensed Branch 3 field representative or operator, that the address of each property inspected or upon which work was completed is required to be reported to the board, as specified, and that a written inspection report be prepared and delivered to the person requesting the inspection or his or her agent. Existing law requires the original inspection report to be submitted to the board upon demand. Existing law requires that written report to contain certain information, including a foundation diagram or sketch of the structure or portions of the structure inspected, and requires the report, and any contract entered into, to expressly state if a guarantee for the work is made, and if so, the terms and time period of the guarantee. Existing law establishes the Structural Pest Control Fund, which is a continuously appropriated fund as it pertains to fees collected by the board.

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

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(10)

end delete

begin insert(9)end insert The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

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

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

P6    1

SECTION 1.  

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

begin delete
6

SEC. 2.  

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

8

1636.4.  

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

19(b) The board shall be responsible for the approval of foreign
20dental schools based on standards established pursuant to
21subdivision (c). The board may 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.
25The 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
P7    1to that of similar accredited institutions in the United States and
2adequately prepares its students for the practice of dentistry.
3Curriculum, faculty qualifications, student attendance, plant and
4facilities, and other relevant factors shall be reviewed and
5evaluated. The board shall identify by rule the standards and review
6procedures and methodology to be used in the approval process
7consistent with this subdivision. The board shall not grant approval
8if deficiencies found are of such magnitude as to prevent the
9students in the school from receiving an educational base suitable
10for the practice of dentistry.

11(d) Periodic surveys and evaluations of all approved schools
12may be made to ensure continued compliance with this section.
13Approval shall include provisional and full approval. The
14provisional form of approval shall be for a period determined by
15the board, not to exceed three years, and shall be granted to an
16institution, in accordance with rules established by the board, to
17provide reasonable time for the school seeking permanent approval
18to overcome deficiencies found by the board. Prior to the expiration
19of a provisional approval and before the full approval is granted,
20the school shall be required to submit evidence that deficiencies
21noted at the time of initial application have been remedied. A
22school granted full approval shall provide evidence of continued
23compliance with this section. In the event that the board denies
24approval or reapproval, the board shall give the school a specific
25listing of the deficiencies that caused the denial and the
26requirements for remedying the deficiencies, and shall permit the
27school, upon request, to demonstrate by satisfactory evidence,
28within 90 days, that it has remedied the deficiencies listed by the
29board.

30(e) A school shall pay a registration fee established by rule of
31the board, not to exceed one thousand dollars ($1,000), at the time
32of application for approval and shall pay all reasonable costs and
33expenses incurred for conducting the approval survey.

34(f) The board shall renew approval upon receipt of a renewal
35application, accompanied by a fee not to exceed five hundred
36dollars ($500). Each fully approved institution shall submit a
37renewal application every seven years. Any approval that is not
38renewed shall automatically expire.

end delete
P8    1

begin deleteSEC. 3.end delete
2
begin insertSEC. 2.end insert  

Section 2423 of the Business and Professions Code is
3amended to read:

4

2423.  

(a) Notwithstanding Section 2422:

5(1) All physician and surgeon’s certificates and certificates to
6practice midwifery shall expire at 12 midnight on the last day of
7the birth month of the licensee during the second year of a two-year
8term if not renewed.

9(2) Registrations of dispensing opticians will expire at midnight
10on the last day of the month in which the license was issued during
11the second year of a two-year term if not renewed.

12(b) The board shall establish by regulation procedures for the
13administration of a birth date renewal program, including, but not
14limited to, the establishment of a system of staggered license
15expiration dates such that a relatively equal number of licenses
16expire monthly.

17(c) To renew an unexpired license, the licensee shall, on or
18before the dates on which it would otherwise expire, apply for
19renewal on a form prescribed by the licensing authority and pay
20the prescribed renewal fee.

21

begin deleteSEC. 4.end delete
22
begin insertSEC. 3.end insert  

Section 2460 of the Business and Professions Code is
23amended to read:

24

2460.  

(a) There is created within the Department of Consumer
25Affairs a California Board of Podiatric Medicine.

26(b) This section shall remain in effect only until January 1, 2017,
27and as of that date is repealed, unless a later enacted statute, that
28is enacted before January 1, 2017, deletes or extends that date.
29Notwithstanding any other provision of law, the repeal of this
30section renders the California Board of Podiatric Medicine subject
31to review by the appropriate policy committees of the Legislature.

32

begin deleteSEC. 5.end delete
33
begin insertSEC. 4.end insert  

Section 2461 of the Business and Professions Code is
34amended to read:

35

2461.  

As used in this article:

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

37(b) “Podiatric licensing authority” refers to any officer, board,
38commission, committee, or department of another state that may
39issue a license to practice podiatric medicine.

P9    1

begin deleteSEC. 6.end delete
2
begin insertSEC. 5.end insert  

Section 2475 of the Business and Professions Code is
3amended to read:

4

2475.  

Unless otherwise provided by law, no postgraduate
5trainee, intern, resident postdoctoral fellow, or instructor may
6engage in the practice of podiatric medicine, or receive
7compensation therefor, or offer to engage in the practice of
8podiatric medicine unless he or she holds a valid, unrevoked, and
9unsuspended certificate to practice podiatric medicine issued by
10the board. However, a graduate of an approved college or school
11of podiatric medicine upon whom the degree doctor of podiatric
12medicine has been conferred, who is issued a resident’s license,
13which may be renewed annually for up to eight years for this
14purpose by the board, and who is enrolled in a postgraduate training
15program approved by the board, may engage in the practice of
16podiatric medicine whenever and wherever required as a part of
17that program and may receive compensation for that practice under
18the following conditions:

19(a) A graduate with a resident’s license in an approved
20internship, residency, or fellowship program may participate in
21training rotations outside the scope of podiatric medicine, under
22the supervision of a physician and surgeon who holds a medical
23doctor or doctor of osteopathy degree wherever and whenever
24required as a part of the training program, and may receive
25compensation for that practice. If the graduate fails to receive a
26license to practice podiatric medicine under this chapter within
27three years from the commencement of the postgraduate training,
28all privileges and exemptions under this section shall automatically
29cease.

30(b)  Hospitals functioning as a part of the teaching program of
31an approved college or school of podiatric medicine in this state
32may exchange instructors or resident or assistant resident doctors
33of podiatric medicine with another approved college or school of
34podiatric medicine not located in this state, or those hospitals may
35appoint a graduate of an approved school as such a resident for
36purposes of postgraduate training. Those instructors and residents
37may practice and be compensated as provided in this section, but
38that practice and compensation shall be for a period not to exceed
39two years.

P10   1

begin deleteSEC. 7.end delete
2
begin insertSEC. 6.end insert  

Section 2479 of the Business and Professions Code is
3amended to read:

4

2479.  

The board shall issue a certificate to practice podiatric
5medicine to each applicant who meets the requirements of this
6chapter. Every applicant for a certificate to practice podiatric
7medicine shall comply with the provisions of Article 4
8(commencing with Section 2080) which are not specifically
9applicable to applicants for a physician’s and surgeon’s certificate,
10in addition to the provisions of this article.

11

begin deleteSEC. 8.end delete
12
begin insertSEC. 7.end insert  

Section 2486 of the Business and Professions Code is
13amended to read:

14

2486.  

The board shall issue a certificate to practice podiatric
15medicine if the applicant has submitted directly to the board from
16the credentialing organizations verification that he or she meets
17all of the following requirements:

18(a) The applicant has graduated from an approved school or
19college of podiatric medicine and meets the requirements of Section
202483.

21(b) The applicant, within the past 10 years, has passed parts I,
22II, and III of the examination administered by the National Board
23of Podiatric Medical Examiners of the United States or has passed
24a written examination that is recognized by the board to be the
25equivalent in content to the examination administered by the
26National Board of Podiatric Medical Examiners of the United
27States.

28(c) The applicant has satisfactorily completed the postgraduate
29training required by Section 2484.

30(d) The applicant has passed within the past 10 years any oral
31and practical examination that may be required of all applicants
32by the board to ascertain clinical competence.

33(e) The applicant has committed no acts or crimes constituting
34grounds for denial of a certificate under Division 1.5 (commencing
35with Section 475).

36(f) The board determines that no disciplinary action has been
37taken against the applicant by any podiatric licensing authority
38and that the applicant has not been the subject of adverse judgments
39or settlements resulting from the practice of podiatric medicine
P11   1that the board determines constitutes evidence of a pattern of
2 negligence or incompetence.

3(g) A disciplinary databank report regarding the applicant is
4received by the board from the Federation of Podiatric Medical
5Boards.

6

begin deleteSEC. 9.end delete
7
begin insertSEC. 8.end insert  

Section 2488 of the Business and Professions Code is
8amended to read:

9

2488.  

Notwithstanding any other law, the board shall issue a
10certificate to practice podiatric medicine by credentialing if the
11applicant has submitted directly to the board from the credentialing
12organizations verification that he or she is licensed as a doctor of
13podiatric medicine in any other state and meets all of the following
14requirements:

15(a) The applicant has graduated from an approved school or
16college of podiatric medicine.

17(b) The applicant, within the past 10 years, has passed either
18part III of the examination administered by the National Board of
19Podiatric Medical Examiners of the United States or a written
20examination that is recognized by the board to be the equivalent
21in content to the examination administered by the National Board
22of Podiatric Medical Examiners of the United States.

23(c) The applicant has satisfactorily completed a postgraduate
24training program approved by the Council on Podiatric Medical
25Education.

26(d) The applicant, within the past 10 years, has passed any oral
27and practical examination that may be required of all applicants
28by the board to ascertain clinical competence.

29(e) The applicant has committed no acts or crimes constituting
30grounds for denial of a certificate under Division 1.5 (commencing
31with Section 475).

32(f) The board determines that no disciplinary action has been
33taken against the applicant by any podiatric licensing authority
34and that the applicant has not been the subject of adverse judgments
35or settlements resulting from the practice of podiatric medicine
36that the board determines constitutes evidence of a pattern of
37negligence or incompetence.

38(g) A disciplinary databank report regarding the applicant is
39received by the board from the Federation of Podiatric Medical
40Boards.

P12   1

begin deleteSEC. 10.end delete
2
begin insertSEC. 9.end insert  

Section 2492 of the Business and Professions Code is
3amended to read:

4

2492.  

(a) The board shall examine every applicant for a
5certificate to practice podiatric medicine to ensure a minimum of
6entry-level competence at the time and place designated by the
7board in its discretion, but at least twice a year.

8(b) Unless the applicant meets the requirements of Section 2486,
9applicants shall be required to have taken and passed the
10examination administered by the National Board of Podiatric
11Medical Examiners.

12(c) The board may appoint qualified persons to give the whole
13or any portion of any examination as provided in this article, who
14shall be designated as examination commissioners. The board may
15fix the compensation of those persons subject to the provisions of
16applicable state laws and regulations.

17(d) The provisions of Article 9 (commencing with Section 2170)
18shall apply to examinations administered by the board except where
19those provisions are in conflict with or inconsistent with the
20provisions of this article.

21

begin deleteSEC. 11.end delete
22
begin insertSEC. 10.end insert  

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

24

2499.  

There is in the State Treasury the Board of Podiatric
25Medicine Fund. Notwithstanding Section 2445, the board shall
26report to the Controller at the beginning of each calendar month
27for the month preceding the amount and source of all revenue
28received by the board, pursuant to this chapter, and shall pay the
29entire amount thereof to the Treasurer for deposit into the fund.
30All revenue received by the board from fees authorized to be
31charged relating to the practice of podiatric medicine shall be
32deposited in the fund as provided in this section, and shall be used
33to carry out the provisions of this chapter relating to the regulation
34of the practice of podiatric medicine.

35

begin deleteSEC. 12.end delete
36
begin insertSEC. 11.end insert  

Section 2499.7 is added to the Business and
37Professions Code
, to read:

38

2499.7.  

(a) Certificates to practice podiatric medicine shall
39expire at 12 midnight on the last day of the birth month of the
40licensee during the second year of a two-year term.

P13   1(b) To renew an unexpired certificate, the licensee, on or before
2the date on which the certificate would otherwise expire, shall
3apply for renewal on a form prescribed by the board and pay the
4prescribed renewal fee.

5

begin deleteSEC. 13.end delete
6
begin insertSEC. 12.end insert  

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

8

2733.  

(a) (1) (A) Upon approval of an application filed
9pursuant to subdivision (b) of Section 2732.1, and upon the
10payment of the fee prescribed by subdivision (k) of Section 2815,
11the board may issue a temporary license to practice professional
12nursing, and a temporary certificate to practice as a certified public
13health nurse for a period of six months from the date of issuance.

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

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

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

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

34(2) A temporary license or temporary certificate shall terminate
35upon notice thereof by certified mail, return receipt requested, if
36it is issued by mistake or if the application for permanent licensure
37is denied.

38(b) Upon written application, the board may reissue a temporary
39license or temporary certificate to any person who has applied for
40a regular renewable license pursuant to subdivision (b) of Section
P14   12732.1 and who, in the judgment of the board has been excusably
2delayed in completing his or her application for or the minimum
3requirements for a regular renewable license, but the board may
4not reissue a temporary license or temporary certificate more than
5twice to any one person.

6

begin deleteSEC. 14.end delete
7
begin insertSEC. 13.end insert  

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

9

2746.51.  

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

31

begin deleteSEC. 15.end delete
32
begin insertSEC. 14.end insert  

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

34

2786.5.  

(a) An institution of higher education or a private
35postsecondary school of nursing approved by the board pursuant
36to subdivision (b) of Section 2786 shall remit to the board for
37deposit in the Board of Registered Nursing Fund the following
38fees, in accordance with the following schedule:

P18   1(1) The fee for approval of a school of nursing shall be fixed
2by the board at not less than forty thousand dollars ($40,000) nor
3more than eighty thousand dollars ($80,000).

4(2) The fee for continuing approval of a nursing program
5established after January 1, 2013, shall be fixed by the board at
6not less than fifteen thousand dollars ($15,000) nor more than
7thirty thousand dollars ($30,000).

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

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

18

begin deleteSEC. 16.end delete
19
begin insertSEC. 15.end insert  

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

21

2811.  

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

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

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

4

begin deleteSEC. 17.end delete
5
begin insertSEC. 16.end insert  

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

7

2811.5.  

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

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

30(c) The board shall audit continuing education providers at least
31once every five years to ensure adherence to regulatory
32requirements, and shall withhold or rescind approval from any
33provider that is in violation of the regulatory requirements.

34(d) The board shall encourage continuing education in spousal
35or partner abuse detection and treatment. In the event the board
36establishes a requirement for continuing education coursework in
37spousal or partner abuse detection or treatment, that requirement
38shall be met by each licensee within no more than four years from
39the date the requirement is imposed.

P20   1(e) In establishing standards for continuing education, the board
2shall consider including a course in the special care needs of
3individuals and their families facing end-of-life issues, including,
4but not limited to, all of the following:

5(1) Pain and symptom management.

6(2) The psycho-social dynamics of death.

7(3) Dying and bereavement.

8(4) Hospice care.

9(f) In establishing standards for continuing education, the board
10may include a course on pain management.

11(g) This section shall not apply to licensees during the first two
12years immediately following their initial licensure in California
13or any other governmental jurisdiction.

14(h) The board may, in accordance with the intent of this section,
15make exceptions from continuing education requirements for
16licensees residing in another state or country, or for reasons of
17health, military service, or other good cause.

18

begin deleteSEC. 18.end delete
19
begin insertSEC. 17.end insert  

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

21

2815.  

Subject to the provisions of Section 128.5, the amount
22of the fees prescribed by this chapter in connection with the
23issuance of licenses for registered nurses under its provisions is
24that fixed by the following schedule:

25(a) (1) The fee to be paid upon the filing by a graduate of an
26approved school of nursing in this state of an application for a
27licensure by examination shall be fixed by the board at not less
28than three hundred dollars ($300) nor more than one thousand
29dollars ($1,000).

30(2) The fee to be paid upon the filing by a graduate of a school
31of nursing in another state, district, or territory of the United States
32of an application for a licensure by examination shall be fixed by
33the board at not less than three hundred fifty dollars ($350) nor
34more than one thousand dollars ($1,000).

35(3) The fee to be paid upon the filing by a graduate of a school
36of nursing in another country of an application for a licensure by
37examination shall be fixed by the board at not less than seven
38hundred fifty dollars ($750) nor more than one thousand five
39hundred dollars ($1,500).

P21   1(4) The fee to be paid upon the filing of an application for
2licensure by a repeat examination shall be fixed by the board at
3not less than two hundred fifty dollars ($250) and not more than
4one thousand dollars ($1,000).

5(b) The fee to be paid for taking each examination shall be the
6actual cost to purchase an examination from a vendor approved
7by the board.

8(c) (1) The fee to be paid for application by a person who is
9licensed or registered as a nurse in another state, district, or territory
10of the United States for licensure by endorsement shall be fixed
11by the board at not less than three hundred fifty dollars ($350) nor
12more than one thousand dollars ($1,000).

13(2) The fee to be paid for application by a person who is licensed
14or registered as a nurse in another country for licensure by
15endorsement shall be fixed by the board at not less than seven
16hundred fifty dollars ($750) nor more than one thousand five
17hundred dollars ($1,500).

18(d) (1) The biennial fee to be paid upon the filing of an
19application for renewal of the license shall be not less than one
20hundred eighty dollars ($180) nor more than seven hundred fifty
21dollars ($750). In addition, an assessment of ten dollars ($10) shall
22be collected and credited to the Registered Nurse Education Fund,
23pursuant to Section 2815.1.

24(2) The fee to be paid upon the filing of an application for
25reinstatement pursuant to subdivision (b) of Section 2811 shall be
26not less than three hundred fifty dollars ($350) nor more than one
27thousand dollars ($1,000).

28(e) The penalty fee for failure to renew a license within the
29prescribed time shall be fixed by the board at not more than 50
30percent of the regular renewal fee, but not less than ninety dollars
31($90) nor more than three hundred seventy-five dollars ($375).

32(f) The fee to be paid for approval of a continuing education
33provider shall be fixed by the board at not less than five hundred
34dollars ($500) nor more than one thousand dollars ($1,000).

35(g) The biennial fee to be paid upon the filing of an application
36for renewal of provider approval shall be fixed by the board at not
37less than seven hundred fifty dollars ($750) nor more than one
38thousand dollars ($1,000).

39(h) The penalty fee for failure to renew provider approval within
40the prescribed time shall be fixed at not more than 50 percent of
P22   1the regular renewal fee, but not less than one hundred twenty-five
2dollars ($125) nor more than five hundred dollars ($500).

3(i) The penalty for submitting insufficient funds or fictitious
4check, draft or order on any bank or depository for payment of
5any fee to the board shall be fixed at not less than fifteen dollars
6($15) nor more than thirty dollars ($30).

7(j) The fee to be paid for an interim permit shall be fixed by the
8board at not less than one hundred dollars ($100) nor more than
9two hundred fifty dollars ($250).

10(k) The fee to be paid for a temporary license shall be fixed by
11the board at not less than one hundred dollars ($100) nor more
12than two hundred fifty dollars ($250).

13(l) The fee to be paid for processing endorsement papers to other
14states shall be fixed by the board at not less than one hundred
15dollars ($100) nor more than two hundred dollars ($200).

16(m) The fee to be paid for a certified copy of a school transcript
17shall be fixed by the board at not less than fifty dollars ($50) nor
18more than one hundred dollars ($100).

19(n) (1) The fee to be paid for a duplicate pocket license shall
20be fixed by the board at not less than fifty dollars ($50) nor more
21than seventy-five dollars ($75).

22(2) The fee to be paid for a duplicate wall certificate shall be
23fixed by the board at not less than sixty dollars ($60) nor more
24than one hundred dollars ($100).

25(o) (1) The fee to be paid by a registered nurse for an evaluation
26of his or her qualifications to use the title “nurse practitioner” shall
27be fixed by the board at not less than five hundred dollars ($500)
28nor more than one thousand five hundred dollars ($1,500).

29(2) The fee to be paid by a registered nurse for a temporary
30certificate to practice as a nurse practitioner shall be fixed by the
31board at not less than one hundred fifty dollars ($150) nor more
32than five hundred dollars ($500).

33(3) The fee to be paid upon the filing of an application for
34renewal of a certificate to practice as a nurse practitioner shall be
35not less than one hundred fifty dollars ($150) nor more than one
36thousand dollars ($1,000).

37(4) The penalty fee for failure to renew a certificate to practice
38as a nurse practitioner within the prescribed time shall be not less
39than seventy-five dollars ($75) nor more than five hundred dollars
40($500).

P23   1(p) The fee to be paid by a registered nurse for listing as a
2“psychiatric mental health nurse” shall be fixed by the board at
3not less than three hundred fifty dollars ($350) nor more than seven
4hundred fifty dollars ($750).

5(q) The fee to be paid for duplicate National Council Licensure
6Examination for registered nurses (NCLEX-RN) examination
7results shall be not less than sixty dollars ($60) nor more than one
8hundred dollars ($100).

9(r) The fee to be paid for a letter certifying a license shall be
10not less than twenty dollars ($20) nor more than thirty dollars
11($30).

12No further fee shall be required for a license or a renewal thereof
13other than as prescribed by this chapter.

14

begin deleteSEC. 19.end delete
15
begin insertSEC. 18.end insert  

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

17

2815.5.  

The amount of the fees prescribed by this chapter in
18connection with the issuance of certificates as nurse-midwives is
19that fixed by the following schedule:

20(a) The fee to be paid upon the filing of an application for a
21certificate shall be fixed by the board at not less than five hundred
22dollars ($500) nor more than one thousand five hundred dollars
23($1,500).

24(b) The biennial fee to be paid upon the application for a renewal
25of a certificate shall be fixed by the board at not less than one
26hundred fifty dollars ($150) nor more than one thousand dollars
27($1,000).

28(c) The penalty fee for failure to renew a certificate within the
29prescribed time shall be 50 percent of the renewal fee in effect on
30the date of the renewal of the license, but not less than seventy-five
31dollars ($75) nor more than five hundred dollars ($500).

32(d) The fee to be paid upon the filing of an application for the
33nurse-midwife equivalency examination shall be fixed by the board
34at not less than one hundred dollars ($100) nor more than two
35hundred dollars ($200).

36(e) The fee to be paid for a temporary certificate shall be fixed
37by the board at not less than one hundred fifty dollars ($150) nor
38more than five hundred dollars ($500).

P24   1

begin deleteSEC. 20.end delete
2
begin insertSEC. 19.end insert  

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

4

2816.  

The nonrefundable fee to be paid by a registered nurse
5for an evaluation of his or her qualifications to use the title “public
6health nurse” shall be equal to the fees set out in subdivision (o)
7of Section 2815. The fee to be paid upon the application for
8renewal of the certificate to practice as a public health nurse shall
9be fixed by the board at not less than one hundred twenty-five
10dollars ($125) and not more than five hundred dollars ($500). All
11fees payable under this section shall be collected by and paid to
12the Registered Nursing Fund. It is the intention of the Legislature
13that the costs of carrying out the purposes of this article shall be
14covered by the revenue collected pursuant to this section.

15

begin deleteSEC. 21.end delete
16
begin insertSEC. 20.end insert  

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

18

2830.7.  

The amount of the fees prescribed by this chapter in
19connection with the issuance of certificates as nurse anesthetists
20is that fixed by the following schedule:

21(a) The fee to be paid upon the filing of an application for a
22certificate shall be fixed by the board at not less than five hundred
23dollars ($500) nor more than one thousand five hundred dollars
24($1,500).

25(b) The biennial fee to be paid upon the application for a renewal
26of a certificate shall be fixed by the board at not less than one
27hundred fifty dollars ($150) nor more than one thousand dollars
28($1,000).

29(c) The penalty fee for failure to renew a certificate within the
30prescribed time shall be 50 percent of the renewal fee in effect on
31the date of the renewal of the license, but not less than seventy-five
32dollars ($75) nor more than five hundred dollars ($500).

33(d) The fee to be paid for a temporary certificate shall be fixed
34by the board at not less than one hundred fifty dollars ($150) nor
35more than five hundred dollars ($500).

36

begin deleteSEC. 22.end delete
37
begin insertSEC. 21.end insert  

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

39

2836.3.  

(a) The furnishing of drugs or devices by nurse
40practitioners is conditional on issuance by the board of a number
P25   1to the nurse applicant who has successfully completed the
2requirements of subdivision (g) of Section 2836.1. The number
3shall be included on all transmittals of orders for drugs or devices
4by the nurse practitioner. The board shall make the list of numbers
5issued available to the Board of Pharmacy. The board may charge
6the applicant a fee to cover all necessary costs to implement this
7section, that shall be not less than four hundred dollars ($400) nor
8more than one thousand five hundred dollars ($1,500) for an initial
9application, nor less than one hundred fifty dollars ($150) nor more
10than one thousand dollars ($1,000) for an application for renewal.
11The board may charge a penalty fee for failure to renew a
12furnishing number within the prescribed time that shall be not less
13than seventy-five dollars ($75) nor more than five hundred dollars
14($500).

15(b) The number shall be renewable at the time of the applicant’s
16registered nurse license renewal.

17(c) The board may revoke, suspend, or deny issuance of the
18numbers for incompetence or gross negligence in the performance
19of functions specified in Sections 2836.1 and 2836.2.

20

begin deleteSEC. 23.end delete
21
begin insertSEC. 22.end insert  

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

23

2838.2.  

(a) A clinical nurse specialist is a registered nurse with
24advanced education, who participates in expert clinical practice,
25education, research, consultation, and clinical leadership as the
26major components of his or her role.

27(b) The board may establish categories of clinical nurse
28specialists and the standards required to be met for nurses to hold
29themselves out as clinical nurse specialists in each category. The
30standards shall take into account the types of advanced levels of
31nursing practice that are or may be performed and the clinical and
32didactic education, experience, or both needed to practice safety
33at those levels. In setting the standards, the board shall consult
34with clinical nurse specialists, physicians and surgeons appointed
35by the Medical Board with expertise with clinical nurse specialists,
36and health care organizations that utilize clinical nurse specialists.

37(c) A registered nurse who meets one of the following
38requirements may apply to become a clinical nurse specialist:

39(1) Possession of a master’s degree in a clinical field of nursing.

P26   1(2) Possession of a master’s degree in a clinical field related to
2nursing with course work in the components referred to in
3subdivision (a).

4(3) On or before July 1, 1998, meets the following requirements:

5(A) Current licensure as a registered nurse.

6(B) Performs the role of a clinical nurse specialist as described
7in subdivision (a).

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

9(d) (1) A nonrefundable fee of not less than five hundred dollars
10($500), but not to exceed one thousand five hundred dollars
11($1,500) shall be paid by a registered nurse applying to be a clinical
12nurse specialist for the evaluation of his or her qualifications to
13use the title “clinical nurse specialist.”

14(2) The fee to be paid for a temporary certificate to practice as
15a clinical nurse specialist shall be not less than thirty dollars ($30)
16nor more than fifty dollars ($50).

17(3) A biennial renewal fee shall be paid upon submission of an
18application to renew the clinical nurse specialist certificate and
19shall be established by the board at no less than one hundred fifty
20dollars ($150) and no more than one thousand dollars ($1,000).

21(4) The penalty fee for failure to renew a certificate within the
22prescribed time shall be 50 percent of the renewal fee in effect on
23the date of the renewal of the license, but not less than seventy-five
24dollars ($75) nor more than five hundred dollars ($500).

25(5) The fees authorized by this subdivision shall not exceed the
26amount necessary to cover the costs to the board to administer this
27section.

28

begin deleteSEC. 24.end delete
29
begin insertSEC. 23.end insert  

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

31

4128.2.  

(a) In addition to the pharmacy license requirement
32described in Section 4110, a centralized hospital packaging
33pharmacy shall obtain a specialty license from the board prior to
34engaging in the functions described in Section 4128.

35(b) An applicant seeking a specialty license pursuant to this
36article shall apply to the board on forms established by the board.

37(c) Before issuing the specialty license, the board shall inspect
38the pharmacy and ensure that the pharmacy is in compliance with
39this article and regulations established by the board.

P27   1(d) A license to perform the functions described in Section 4128
2may only be issued to a pharmacy that is licensed by the board as
3a hospital pharmacy.

4(e) A license issued pursuant to this article shall be renewed
5annually and is not transferrable.

6(f) An applicant seeking renewal of a specialty license shall
7apply to the board on forms established by the board.

8(g) A license to perform the functions described in Section 4128
9shall not be renewed until the pharmacy has been inspected by the
10board and found to be in compliance with this article and
11regulations established by the board.

12

begin deleteSEC. 25.end delete
13
begin insertSEC. 24.end insert  

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

15

4400.  

The amount of fees and penalties prescribed by this
16chapter, except as otherwise provided, is that fixed by the board
17according to the following schedule:

18(a) The fee for a nongovernmental pharmacy license shall be
19four hundred dollars ($400) and may be increased to five hundred
20twenty dollars ($520). The fee for the issuance of a temporary
21nongovernmental pharmacy permit shall be two hundred fifty
22dollars ($250) and may be increased to three hundred twenty-five
23dollars ($325).

24(b) The fee for a nongovernmental pharmacy license annual
25renewal shall be two hundred fifty dollars ($250) and may be
26increased to three hundred twenty-five dollars ($325).

27(c) The fee for the pharmacist application and examination shall
28be two hundred dollars ($200) and may be increased to two
29hundred sixty dollars ($260).

30(d) The fee for regrading an examination shall be ninety dollars
31($90) and may be increased to one hundred fifteen dollars ($115).
32If an error in grading is found and the applicant passes the
33examination, the regrading fee shall be refunded.

34(e) The fee for a pharmacist license and biennial renewal shall
35be one hundred fifty dollars ($150) and may be increased to one
36hundred ninety-five dollars ($195).

37(f) The fee for a nongovernmental wholesaler or third-party
38logistics provider license and annual renewal shall be seven
39hundred eighty dollars ($780) and may be decreased to no less
40than six hundred dollars ($600). The application fee for any
P28   1additional location after licensure of the first 20 locations shall be
2three hundred dollars ($300) and may be decreased to no less than
3two hundred twenty-five dollars ($225). A temporary license fee
4shall be seven hundred fifteen dollars ($715) and may be decreased
5to no less than five hundred fifty dollars ($550).

6(g) The fee for a hypodermic license and renewal shall be one
7hundred twenty-five dollars ($125) and may be increased to one
8hundred sixty-five dollars ($165).

9(h) (1) The fee for application, investigation, and issuance of
10a license as a designated representative pursuant to Section 4053,
11or as a designated representative-3PL pursuant to Section 4053.1,
12shall be three hundred thirty dollars ($330) and may be decreased
13to no less than two hundred fifty-five dollars ($255).

14(2) The fee for the annual renewal of a license as a designated
15representative or designated representative-3PL shall be one
16hundred ninety-five dollars ($195) and may be decreased to no
17less than one hundred fifty dollars ($150).

18(i) (1) The fee for the application, investigation, and issuance
19of a license as a designated representative for a veterinary
20food-animal drug retailer pursuant to Section 4053 shall be three
21hundred thirty dollars ($330) and may be decreased to no less than
22two hundred fifty-five dollars ($255).

23(2) The fee for the annual renewal of a license as a designated
24representative for a veterinary food-animal drug retailer shall be
25one hundred ninety-five dollars ($195) and may be decreased to
26no less than one hundred fifty dollars ($150).

27(j) (1) The application fee for a nonresident wholesaler or
28third-party logistics provider license issued pursuant to Section
294161 shall be seven hundred eighty dollars ($780) and may be
30decreased to no less than six hundred dollars ($600).

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

P29   1(3) The annual renewal fee for a nonresident wholesaler license
2or third-party logistics provider license issued pursuant to Section
34161 shall be seven hundred eighty dollars ($780) and may be
4decreased to no less than six hundred dollars ($600).

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

8(l) The fee for an intern pharmacist license shall be ninety dollars
9($90) and may be increased to one hundred fifteen dollars ($115).
10The fee for transfer of intern hours or verification of licensure to
11another state shall be twenty-five dollars ($25) and may be
12increased to thirty dollars ($30).

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

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

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

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

28(q) The fee for any applicant for a nongovernmental clinic
29license shall be four hundred dollars ($400) and may be increased
30to five hundred twenty dollars ($520) for each license. The annual
31fee for renewal of the license shall be two hundred fifty dollars
32($250) and may be increased to three hundred twenty-five dollars
33($325) for each license.

34(r) The fee for the issuance of a pharmacy technician license
35shall be eighty dollars ($80) and may be increased to one hundred
36five dollars ($105). The fee for renewal of a pharmacy technician
37license shall be one hundred dollars ($100) and may be increased
38to one hundred thirty dollars ($130).

39(s) The fee for a veterinary food-animal drug retailer license
40shall be four hundred five dollars ($405) and may be increased to
P30   1four hundred twenty-five dollars ($425). The annual renewal fee
2for a veterinary food-animal drug retailer license shall be two
3hundred fifty dollars ($250) and may be increased to three hundred
4twenty-five dollars ($325).

5(t) The fee for issuance of a retired license pursuant to Section
64200.5 shall be thirty-five dollars ($35) and may be increased to
7forty-five dollars ($45).

8(u) The fee for issuance or renewal of a nongovernmental sterile
9compounding pharmacy license shall be six hundred dollars ($600)
10and may be increased to seven hundred eighty dollars ($780). The
11fee for a temporary license shall be five hundred fifty dollars ($550)
12and may be increased to seven hundred fifteen dollars ($715).

13(v) The fee for the issuance or renewal of a nonresident sterile
14compounding pharmacy license shall be seven hundred eighty
15dollars ($780). In addition to paying that application fee, the
16nonresident sterile compounding pharmacy shall deposit, when
17submitting the application, a reasonable amount, as determined by
18the board, necessary to cover the board’s estimated cost of
19performing the inspection required by Section 4127.2. If the
20required deposit is not submitted with the application, the
21application shall be deemed to be incomplete. If the actual cost of
22the inspection exceeds the amount deposited, the board shall
23provide to the applicant a written invoice for the remaining amount
24and shall not take action on the application until the full amount
25has been paid to the board. If the amount deposited exceeds the
26amount of actual and necessary costs incurred, the board shall
27remit the difference to the applicant.

28(w) This section shall become inoperative on July 1, 2017, and
29as of January 1, 2018, is repealed.

30

begin deleteSEC. 26.end delete
31
begin insertSEC. 25.end insert  

Section 4400 is added to the Business and Professions
32Code
, to read:

33

4400.  

The amount of fees and penalties prescribed by this
34chapter, except as otherwise provided, is that fixed by the board
35according to the following schedule:

36(a) The fee for a nongovernmental pharmacy license shall be
37five hundred twenty dollars ($520) and may be increased to five
38hundred seventy dollars ($570). The fee for the issuance of a
39temporary nongovernmental pharmacy permit shall be two hundred
P31   1fifty dollars ($250) and may be increased to three hundred
2twenty-five dollars ($325).

3(b) The fee for a nongovernmental pharmacy license annual
4renewal shall be six hundred sixty-five dollars ($665) and may be
5increased to nine hundred thirty dollars ($930).

6(c) The fee for the pharmacist application and examination shall
7be two hundred sixty dollars ($260) and may be increased to two
8hundred eighty-five dollars ($285).

9(d) The fee for regrading an examination shall be ninety dollars
10($90) and may be increased to one hundred fifteen dollars ($115).
11If an error in grading is found and the applicant passes the
12examination, the regrading fee shall be refunded.

13(e) The fee for a pharmacist license shall be one hundred
14ninety-five dollars ($195) and may be increased to two hundred
15fifteen dollars ($215). The fee for a pharmacist biennial renewal
16shall be three hundred sixty dollars ($360) and may be increased
17to five hundred five dollars ($505).

18(f) The fee for a nongovernmental wholesaler or third-party
19logistics provider license and annual renewal shall be seven
20hundred eighty dollars ($780) and may be increased to eight
21hundred twenty dollars ($820). The application fee for any
22additional location after licensure of the first 20 locations shall be
23three hundred dollars ($300) and may be decreased to no less than
24two hundred twenty-five dollars ($225). A temporary license fee
25shall be seven hundred fifteen dollars ($715) and may be decreased
26to no less than five hundred fifty dollars ($550).

27(g) The fee for a hypodermic license shall be one hundred
28seventy dollars ($170) and may be increased to two hundred forty
29dollars ($240). The fee for a hypodermic license renewal shall be
30two hundred dollars ($200) and may be increased to two hundred
31eighty dollars ($280).

32(h) (1) The fee for application, investigation, and issuance of
33a license as a designated representative pursuant to Section 4053,
34or as a designated representative-3PL pursuant to Section 4053.1,
35shall be one hundred fifty dollars ($150) and may be increased to
36two hundred ten dollars ($210).

37(2) The fee for the annual renewal of a license as a designated
38representative or designated representative-3PL shall be two
39hundred fifteen dollars ($215) and may be increased to three
40hundred dollars ($300).

P32   1(i) (1) The fee for the application, investigation, and issuance
2of a license as a designated representative for a veterinary
3food-animal drug retailer pursuant to Section 4053 shall be one
4hundred fifty dollars ($150) and may be increased to two hundred
5ten dollars ($210).

6(2) The fee for the annual renewal of a license as a designated
7representative for a veterinary food-animal drug retailer shall be
8 two hundred fifteen dollars ($215) and may be increased to three
9hundred dollars ($300).

10(j) (1) The application fee for a nonresident wholesaler or
11third-party logistics provider license issued pursuant to Section
124161 shall be seven hundred eighty dollars ($780) and may be
13increased to eight hundred twenty dollars ($820).

14(2) For nonresident wholesalers or third-party logistics providers
15that have 21 or more facilities operating nationwide the application
16fees for the first 20 locations shall be seven hundred eighty dollars
17($780) and may be increased to eight hundred twenty dollars
18($820). The application fee for any additional location after
19licensure of the first 20 locations shall be three hundred dollars
20($300) and may be decreased to no less than two hundred
21twenty-five dollars ($225). A temporary license fee shall be seven
22hundred fifteen dollars ($715) and may be decreased to no less
23than five hundred fifty dollars ($550).

24(3) The annual renewal fee for a nonresident wholesaler license
25or third-party logistics provider license issued pursuant to Section
264161 shall be seven hundred eighty dollars ($780) and may be
27increased to eight hundred twenty dollars ($820).

28(k) The fee for evaluation of continuing education courses for
29accreditation shall be set by the board at an amount not to exceed
30forty dollars ($40) per course hour.

31(l) The fee for an intern pharmacist license shall be one hundred
32sixty-five dollars ($165) and may be increased to two hundred
33thirty dollars ($230). The fee for transfer of intern hours or
34verification of licensure to another state shall be twenty-five dollars
35($25) and may be increased to thirty dollars ($30).

36(m) The board may waive or refund the additional fee for the
37issuance of a license where the license is issued less than 45 days
38before the next regular renewal date.

39(n) The fee for the reissuance of any license, or renewal thereof,
40that has been lost or destroyed or reissued due to a name change
P33   1shall be thirty-five dollars ($35) and may be increased to forty-five
2dollars ($45).

3(o) The fee for the reissuance of any license, or renewal thereof,
4that must be reissued because of a change in the information, shall
5be one hundred dollars ($100) and may be increased to one hundred
6thirty dollars ($130).

7(p) It is the intent of the Legislature that, in setting fees pursuant
8to this section, the board shall seek to maintain a reserve in the
9Pharmacy Board Contingent Fund equal to approximately one
10year’s operating expenditures.

11(q) The fee for any applicant for a nongovernmental clinic
12license shall be five hundred twenty dollars ($520) for each license
13and may be increased to five hundred seventy dollars ($570). The
14annual fee for renewal of the license shall be three hundred
15twenty-five dollars ($325) for each license and may be increased
16to three hundred sixty dollars ($360).

17(r) The fee for the issuance of a pharmacy technician license
18shall be one hundred forty dollars ($140) and may be increased to
19one hundred ninety-five dollars ($195). The fee for renewal of a
20pharmacy technician license shall be one hundred forty dollars
21($140) and may be increased to one hundred ninety-five dollars
22($195).

23(s) The fee for a veterinary food-animal drug retailer license
24shall be four hundred thirty-five dollars ($435) and may be
25increased to six hundred ten dollars ($610). The annual renewal
26fee for a veterinary food-animal drug retailer license shall be three
27hundred thirty dollars ($330) and may be increased to four hundred
28sixty dollars ($460).

29(t) The fee for issuance of a retired license pursuant to Section
304200.5 shall be thirty-five dollars ($35) and may be increased to
31forty-five dollars ($45).

32(u) The fee for issuance of a nongovernmental sterile
33compounding pharmacy license shall be one thousand six hundred
34forty-five dollars ($1,645) and may be increased to two thousand
35three hundred five dollars ($2,305). The fee for a temporary license
36shall be five hundred fifty dollars ($550) and may be increased to
37seven hundred fifteen dollars ($715). The annual renewal fee of
38the license shall be one thousand three hundred twenty-five dollars
39($1,325) and may be increased to one thousand eight hundred
40fifty-five dollars ($1,855).

P34   1(v) The fee for the issuance of a nonresident sterile compounding
2pharmacy license shall be two thousand three hundred eighty
3dollars ($2,380) and may be increased to three thousand three
4hundred thirty-five dollars ($3,335). The annual renewal of the
5license shall be two thousand two hundred seventy dollars ($2,270)
6and may be increased to three thousand one hundred eighty dollars
7($3,180). In addition to paying that application fee, the nonresident
8sterile compounding pharmacy shall deposit, when submitting the
9application, a reasonable amount, as determined by the board,
10necessary to cover the board’s estimated cost of performing the
11inspection required by Section 4127.2. If the required deposit is
12not submitted with the application, the application shall be deemed
13to be incomplete. If the actual cost of the inspection exceeds the
14amount deposited, the board shall provide to the applicant a written
15invoice for the remaining amount and shall not take action on the
16application until the full amount has been paid to the board. If the
17amount deposited exceeds the amount of actual and necessary
18costs incurred, the board shall remit the difference to the applicant.

19(w) The fee for the issuance of a centralized hospital packaging
20license shall be eight hundred twenty dollars ($820) and may be
21increased to one thousand one hundred fifty dollars ($1,150). The
22annual renewal of the license shall be eight hundred five dollars
23($805) and may be increased to one thousand one hundred
24twenty-five dollars ($1,125).

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

begin delete26

SEC. 27.  

Chapter 15 (commencing with Section 4999) of
27Division 2 of the Business and Professions Code is repealed.

end delete
28begin insert

begin insertSEC. 26.end insert  

end insert

begin insertSection 4999 of the end insertbegin insertBusiness and Professions Codeend insert
29
begin insert is amended to read:end insert

30

4999.  

begin delete(a)end deletebegin deleteend deletebegin deleteAny end deletebegin insert“Telephone medical advice service” means any end insert
31business entity that employs, or contracts or subcontracts, directly
32or indirectly, with, the full-time equivalent of five or more persons
33functioning as health care professionals, whose primary function
34is to provide telephone medical advice, that provides telephone
35medical advice services to a patient at a Californiabegin delete address shall
36be registered with the Telephone Medical Advice Services Bureau.end delete

37begin delete(b)end deletebegin deleteend deletebegin deleteAend deletebegin insert address. “Telephone medical advice service” does not
38include aend insert
medical group that operates in multiple locations in
39Californiabegin delete shall not be required to register pursuant to this sectionend delete
40 if no more than five full-time equivalent persons at any one location
P35   1perform telephone medical advice services and those persons limit
2the telephone medical advice services to patients being treated at
3that location.

begin delete

4(c) Protection of the public shall be the highest priority for the
5bureau in exercising its registration, regulatory, and disciplinary
6functions. Whenever the protection of the public is inconsistent
7with other interests sought to be promoted, the protection of the
8public shall be paramount.

end delete
9begin insert

begin insertSEC. 27.end insert  

end insert

begin insertSection 4999.1 of the end insertbegin insertBusiness and Professions Codeend insert
10
begin insert is repealed.end insert

begin delete
11

4999.1.  

Application for registration as a telephone medical
12advice service shall be made on a form prescribed by the
13department, accompanied by the fee prescribed pursuant to Section
144999.5. The department shall make application forms available.
15Applications shall contain all of the following:

16(a) The signature of the individual owner of the telephone
17medical advice service, or of all of the partners if the service is a
18partnership, or of the president or secretary if the service is a
19corporation. The signature shall be accompanied by a resolution
20or other written communication identifying the individual whose
21signature is on the form as owner, partner, president, or secretary.

22(b) The name under which the person applying for the telephone
23medical advice service proposes to do business.

24(c) The physical address, mailing address, and telephone number
25of the business entity.

26(d) The designation, including the name and physical address,
27of an agent for service of process in California.

28(e) A list of all health care professionals providing medical
29advice services that are required to be licensed, registered, or
30certified pursuant to this chapter. This list shall be submitted to
31the department on a form to be prescribed by the department and
32shall include, but not be limited to, the name, state of licensure,
33type of license, and license number.

34(f) The department shall be notified within 30 days of any
35change of name, physical location, mailing address, or telephone
36number of any business, owner, partner, corporate officer, or agent
37for service of process in California, together with copies of all
38resolutions or other written communications that substantiate these
39changes.

end delete
P36   1begin insert

begin insertSEC. 28.end insert  

end insert

begin insertSection 4999.2 of the end insertbegin insertBusiness and Professions Codeend insert
2
begin insert is amended to read:end insert

3

4999.2.  

begin delete(a)end deletebegin deleteend deletebegin deleteIn order to obtain and maintain a registration, a end deletebegin insertA end insert
4telephone medical advice service shallbegin delete complyend deletebegin insert be responsible for
5complyingend insert
with thebegin delete requirements established by the department.
6Those requirements shall include, but shall not be limited to, all
7of the following:end delete
begin insert following requirements:end insert

begin delete

8(1) (A)

end delete

9begin insert(a)end insertbegin insertend insertbegin insert(1)end insert Ensuring that all health care professionals who provide
10medical advice services are appropriately licensed, certified, or
11registered as a physician and surgeon pursuant to Chapter 5
12(commencing with Section 2000) or the Osteopathic Initiative Act,
13as a dentist, dental hygienist, dental hygienist in alternative
14practice, or dental hygienist in extended functions pursuant to
15Chapter 4 (commencing with Section 1600), as an occupational
16therapist pursuant to Chapter 5.6 (commencing with Section 2570),
17as a registered nurse pursuant to Chapter 6 (commencing with
18Section 2700), as a psychologist pursuant to Chapter 6.6
19(commencing with Section 2900), as a naturopathic doctor pursuant
20to Chapter 8.2 (commencing with Section 3610), as a marriage
21and family therapist pursuant to Chapter 13 (commencing with
22Section 4980), as a licensed clinical social worker pursuant to
23Chapter 14 (commencing with Section 4991), as a licensed
24professional clinical counselor pursuant to Chapter 16
25(commencing with Section 4999.10), as an optometrist pursuant
26to Chapter 7 (commencing with Section 3000), or as a chiropractor
27pursuant to the Chiropractic Initiative Act, and operating consistent
28with the laws governing their respective scopes of practice in the
29state within which they provide telephone medical advice services,
30except as provided inbegin delete paragraph (2).end deletebegin insert subdivision (b).end insert

begin delete

31(B)

end delete

32begin insert(2)end insert Ensuring that all health care professionals who provide
33telephone medical advice services from an out-of-state location,
34as identified inbegin delete subparagraph (A),end deletebegin insert paragraph (1),end insert are licensed,
35registered, or certified in the state within which they are providing
36the telephone medical advice services and are operating consistent
37with the laws governing their respective scopes of practice.

begin delete

38(2)

end delete

39begin insert(b)end insert Ensuring that the telephone medical advice provided is
40consistent with good professional practice.

begin delete

P37   1(3)

end delete

2begin insert(c)end insert Maintaining records of telephone medical advice services,
3including records of complaints, provided to patients in California
4for a period of at least five years.

begin delete

5(4)

end delete

6begin insert(d)end insert Ensuring that no staff member uses a title or designation
7when speaking to an enrollee, subscriber, or consumer that may
8cause a reasonable person to believe that the staff member is a
9licensed, certified, or registered health care professional described
10inbegin delete subparagraph (A) of paragraph (1),end deletebegin insert paragraph (1) of subdivision
11(a),end insert
unless the staff member is a licensed, certified, or registered
12professional.

begin delete

13(5)

end delete

14begin insert(e)end insert Complying with all directions and requests for information
15 made by the department.

begin delete

16(6)

end delete

17begin insert(f)end insert Notifying the department within 30 days of any change of
18name, physical location, mailing address, or telephone number of
19any business, owner, partner, corporate officer, or agent for service
20of process in California, together with copies of all resolutions or
21other written communications that substantiate these changes.

begin delete

22(7) Submitting quarterly reports, on a form prescribed by the
23department, to the department within 30 days of the end of each
24calendar quarter.

25(b) To the extent permitted by Article VII of the California
26 Constitution, the department may contract with a private nonprofit
27accrediting agency to evaluate the qualifications of applicants for
28registration pursuant to this chapter and to make recommendations
29to the department.

end delete
30begin insert

begin insertSEC. 29.end insert  

end insert

begin insertSection 4999.3 of the end insertbegin insertBusiness and Professions Codeend insert
31
begin insert is repealed.end insert

begin delete
32

4999.3.  

(a) The department may suspend, revoke, or otherwise
33discipline a registrant or deny an application for registration as a
34telephone medical advice service based on any of the following:

35(1) Incompetence, gross negligence, or repeated similar
36negligent acts performed by the registrant or any employee of the
37registrant.

38(2) An act of dishonesty or fraud by the registrant or any
39employee of the registrant.

P38   1(3) The commission of any act, or being convicted of a crime,
2that constitutes grounds for denial or revocation of licensure
3pursuant to any provision of this division.

4(b) The proceedings shall be conducted in accordance with
5Chapter 5 (commencing with Section 11500) of Part 1 of Division
63 of Title 2 of the Government Code, and the department shall
7have all powers granted therein.

8(c) Copies of any complaint against a telephone medical advice
9service shall be forwarded to the Department of Managed Health
10Care.

11(d) The department shall forward a copy of any complaint
12submitted to the department pursuant to this chapter to the entity
13that issued the license to the licensee involved in the advice
14provided to the patient.

end delete
15begin insert

begin insertSEC. 30.end insert  

end insert

begin insertSection 4999.4 of the end insertbegin insertBusiness and Professions Codeend insert
16
begin insert is repealed.end insert

begin delete
17

4999.4.  

(a) Every registration issued to a telephone medical
18advice service shall expire 24 months after the initial date of
19issuance.

20(b) To renew an unexpired registration, the registrant shall,
21before the time at which the registration would otherwise expire,
22pay the renewal fee authorized by Section 4999.5.

23(c) An expired registration may be renewed at any time within
24three years after its expiration upon the filing of an application for
25renewal on a form prescribed by the bureau and the payment of
26all fees authorized by Section 4999.5. A registration that is not
27renewed within three years following its expiration shall not be
28renewed, restored, or reinstated thereafter, and the delinquent
29registration shall be canceled immediately upon expiration of the
30three-year period.

end delete
31begin insert

begin insertSEC. 31.end insert  

end insert

begin insertSection 4999.5 of the end insertbegin insertBusiness and Professions Codeend insert
32
begin insert is repealed.end insert

begin delete
33

4999.5.  

The department may set fees for registration and
34renewal as a telephone medical advice service sufficient to pay
35the costs of administration of this chapter.

end delete
36begin insert

begin insertSEC. 32.end insert  

end insert

begin insertSection 4999.5 is added to the end insertbegin insertBusiness and
37Professions Code
end insert
begin insert, to read:end insert

begin insert
38

begin insert4999.5.end insert  

The respective healing arts licensing boards shall be
39responsible for enforcing this chapter and any other laws and
P39   1regulations affecting California licensed health care professionals
2providing telephone medical advice services.

end insert
3begin insert

begin insertSEC. 33.end insert  

end insert

begin insertSection 4999.6 of the end insertbegin insertBusiness and Professions Codeend insert
4
begin insert is repealed.end insert

begin delete
5

4999.6.  

The department may adopt, amend, or repeal any rules
6and regulations that are reasonably necessary to carry out this
7chapter. A telephone medical advice services provider who
8provides telephone medical advice to a significant total number
9of charity or medically indigent patients may, at the discretion of
10the director, be exempt from the fee requirements imposed by this
11chapter. However, those providers shall comply with all other
12provisions of this chapter.

end delete
13

begin deleteSEC. 28.end delete
14
begin insertSEC. 34.end insert  

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

16

7137.  

The board shall set fees by regulation. These fees shall
17not exceed the following schedule:

18(a) (1) The application fee for an original license in a single
19classification shall not be more than three hundred sixty dollars
20($360).

21(2) The application fee for each additional classification applied
22for in connection with an original license shall not be more than
23seventy-five dollars ($75).

24(3) The application fee for each additional classification pursuant
25to Section 7059 shall not be more than three hundred dollars
26($300).

27(4) The application fee to replace a responsible managing officer,
28responsible managing manager, responsible managing member,
29or responsible managing employee pursuant to Section 7068.2
30shall not be more than three hundred dollars ($300).

31(5) The application fee to add personnel, other than a qualifying
32individual, to an existing license shall not be more than one
33hundred fifty dollars ($150).

34(b) The fee for rescheduling an examination for an applicant
35who has applied for an original license, additional classification,
36a change of responsible managing officer, responsible managing
37manager, responsible managing member, or responsible managing
38employee, or for an asbestos certification or hazardous substance
39removal certification, shall not be more than sixty dollars ($60).

P40   1(c) The fee for scheduling or rescheduling an examination for
2a licensee who is required to take the examination as a condition
3of probation shall not be more than sixty dollars ($60).

4(d) The initial license fee for an active or inactive license shall
5not be more than two hundred twenty dollars ($220).

6(e) (1) The renewal fee for an active license shall not be more
7than four hundred thirty dollars ($430).

8(2) The renewal fee for an inactive license shall not be more
9than two hundred twenty dollars ($220).

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

12(g) The registration fee for a home improvement salesperson
13shall not be more than ninety dollars ($90).

14(h) The renewal fee for a home improvement salesperson
15registration shall not be more than ninety dollars ($90).

16(i) The application fee for an asbestos certification examination
17shall not be more than ninety dollars ($90).

18(j) The application fee for a hazardous substance removal or
19remedial action certification examination shall not be more than
20ninety dollars ($90).

21(k) In addition to any other fees charged to C-10 and C-7
22contractors, the board may charge a fee not to exceed twenty dollars
23($20), which shall be used by the board to enforce provisions of
24the Labor Code related to electrician certification.

25(l) The board shall, by regulation, establish criteria for the
26approval of expedited processing of applications. Approved
27expedited processing of applications for licensure or registration,
28as required by other provisions of law, shall not be subject to this
29subdivision.

30

begin deleteSEC. 29.end delete
31
begin insertSEC. 35.end insert  

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

33

7153.3.  

(a) To renew a home improvement salesperson
34registration, which has not expired, the registrant shall before the
35time at which the registration would otherwise expire, apply for
36renewal on a form prescribed by the registrar and pay a renewal
37fee prescribed by this chapter. Renewal of an unexpired registration
38shall continue the registration in effect for the two-year period
39following the expiration date of the registration, when it shall
40expire if it is not again renewed.

P41   1(b) An application for renewal of registration is delinquent if
2the application is not postmarked or received via electronic
3transmission as authorized by Section 7156.6 by the date on which
4the registration would otherwise expire. A registration may,
5however, still be renewed at any time within three years after its
6expiration upon the filing of an application for renewal on a form
7prescribed by the registrar and the payment of the renewal fee
8prescribed by this chapter and a delinquent renewal penalty equal
9to 50 percent of the renewal fee. If a registration is not renewed
10within three years, the person shall make a new application for
11registration pursuant to Section 7153.1.

12(c) The registrar may refuse to renew a registration for failure
13by the registrant to complete the application for renewal of
14registration. If a registrant fails to return the application rejected
15for insufficiency or incompleteness within 90 days from the
16original date of rejection, the application and fee shall be deemed
17abandoned. Any application abandoned may not be reinstated.
18However, the person may file a new application for registration
19pursuant to Section 7153.1.

20The registrar may review and accept the petition of a person who
21disputes the abandonment of his or her renewal application upon
22a showing of good cause. This petition shall be received within 90
23days of the date the application for renewal is deemed abandoned.

24

begin deleteSEC. 30.end delete
25
begin insertSEC. 36.end insert  

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

27

8031.  

The amount of the fees required by this chapter is that
28fixed by the board in accordance with the following schedule:

29(a) The fee for filing an application for each examination shall
30be no more than forty dollars ($40).

31(b) The fee for examination and reexamination for the written
32or practical part of the examination shall be in an amount fixed by
33the board, which shall be equal to the actual cost of preparing,
34administering, grading, and analyzing the examination, but shall
35not exceed seventy-five dollars ($75) for each separate part, for
36each administration.

37(c) The initial certificate fee is an amount equal to the renewal
38fee in effect on the last regular renewal date before the date on
39which the certificate is issued, except that, if the certificate will
40expire less than 180 days after its issuance, then the fee is 50
P42   1percent of the renewal fee in effect on the last regular renewal date
2before the date on which the certificate is issued, or fifty dollars
3($50), whichever is greater. The board may, by appropriate
4regulation, provide for the waiver or refund of the initial certificate
5fee where the certificate is issued less than 45 days before the date
6on which it will expire.

7(d) By a resolution adopted by the board, a renewal fee may be
8established in such amounts and at such times as the board may
9deem appropriate to meet its operational expenses and funding
10responsibilities as set forth in this chapter. The renewal fee shall
11not be more than two hundred fifty dollars ($250) nor less than
12ten dollars ($10) annually, with the following exception:

13Any person who is employed full time by the State of California
14as a hearing reporter and who does not otherwise render shorthand
15reporting services for a fee shall be exempt from licensure while
16in state employment and shall not be subject to the renewal fee
17provisions of this subdivision until 30 days after leaving state
18employment. The renewal fee shall, in addition to the amount fixed
19by this subdivision, include any unpaid fees required by this section
20plus any delinquency fee.

21(e) The duplicate certificate fee shall be no greater than ten
22dollars ($10).

23(f) The penalty for failure to notify the board of a change of
24name or address as required by Section 8024.6 shall be no greater
25than fifty dollars ($50).

26

begin deleteSEC. 31.end delete
27
begin insertSEC. 37.end insert  

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

29

8516.  

(a) This section, and Section 8519, apply only to wood
30destroying pests or organisms.

31(b) A registered company or licensee shall not commence work
32on a contract, or sign, issue, or deliver any documents expressing
33an opinion or statement relating to the absence or presence of wood
34destroying pests or organisms until an inspection has been made
35by a licensed Branch 3 field representative or operator employed
36by a registered company, except as provided in Section 8519.5.
37The address of each property inspected or upon which work is
38completed shall be reported on a form prescribed by the board and
39shall be filed with the board no later than 10 business days after
40the commencement of an inspection or upon completed work.

P43   1Every property inspected pursuant to this subdivision or Section
28518 shall be assessed a filing fee pursuant to Section 8674.

3Failure of a registered company to report and file with the board
4the address of any property inspected or work completed pursuant
5to Section 8518 or this section is grounds for disciplinary action
6and shall subject the registered company to a fine of not more than
7two thousand five hundred dollars ($2,500). The address of an
8inspection report prepared for use by an attorney for litigation
9purposes shall not be required to be reported to the board and shall
10not be assessed a filing fee.

11A written inspection report conforming to this section and a form
12approved by the board shall be prepared and delivered to the person
13requesting the inspection and the property owner, or to the property
14owner’s designated agent, within 10 business days from the start
15of the inspection, except that an inspection report prepared for use
16by an attorney for litigation purposes is not required to be reported
17to the board or the property owner. An inspection report may be
18a complete, limited, supplemental, or reinspection report, as defined
19by Section 1993 of Title 16 of the California Code of Regulations.
20The report shall be delivered before work is commenced on any
21property. The registered company shall retain for three years all
22inspection reports, field notes, and activity forms.

23Reports shall be made available for inspection and reproduction
24to the executive officer of the board or his or her duly authorized
25representative during business hours. All inspection reports or
26copies thereof shall be submitted to the board upon demand within
27two business days. The following shall be set forth in the report:

28(1) The start date of the inspection and the name of the licensed
29field representative or operator making the inspection.

30(2) The name and address of the person or firm ordering the
31report.

32(3) The name and address of the property owner and any person
33who is a party in interest.

34(4) The address or location of the property.

35(5) A general description of the building or premises inspected.

36(6) A foundation diagram or sketch of the structure or structures
37or portions of the structure or structures inspected, including the
38approximate location of any infested or infected areas evident, and
39the parts of the structure where conditions that would ordinarily
40subject those parts to attack by wood destroying pests or organisms
P44   1exist. Reporting of the infested or infected wood members, or parts
2of the structure identified, shall be listed in the inspection report
3to clearly identify them, as is typical in standard construction
4components, including, but not limited to, siding, studs, rafters,
5floor joists, fascia, subfloor, sheathing, and trim boards.

6(7) Information regarding the substructure, foundation walls
7and footings, porches, patios and steps, air vents, abutments, attic
8spaces, roof framing that includes the eaves, rafters, fascias,
9exposed timbers, exposed sheathing, ceiling joists, and attic walls,
10or other parts subject to attack by wood destroying pests or
11organisms. Conditions usually deemed likely to lead to infestation
12or infection, such as earth-wood contacts, excessive cellulose
13debris, faulty grade levels, excessive moisture conditions, evidence
14of roof leaks, and insufficient ventilation are to be reported.

15(8) One of the following statements, as appropriate, printed in
16bold type:

17(A) The exterior surface of the roof was not inspected. If you
18want the water tightness of the roof determined, you should contact
19a roofing contractor who is licensed by the Contractors’ State
20License Board.

21(B) The exterior surface of the roof was inspected to determine
22whether or not wood destroying pests or organisms are present.

23(9) Indication or description of any areas that are inaccessible
24or not inspected with recommendation for further inspection if
25practicable. If, after the report has been made in compliance with
26this section, authority is given later to open inaccessible areas, a
27supplemental report on conditions in these areas shall be made.

28(10) Recommendations for corrective measures.

29(11) Information regarding the pesticide or pesticides to be used
30for their control or prevention as set forth in subdivision (a) of
31Section 8538.

32(12) The inspection report shall clearly disclose that if requested
33by the person ordering the original report, a reinspection of the
34structure will be performed if an estimate or bid for making repairs
35was given with the original inspection report, or thereafter.

36An estimate or bid shall be given separately allocating the costs
37to perform each and every recommendation for corrective measures
38as specified in subdivision (c) with the original inspection report
39if the person who ordered the original inspection report so requests,
P45   1and if the registered company is regularly in the business of
2performing each corrective measure.

3If no estimate or bid was given with the original inspection
4report, or thereafter, then the registered company shall not be
5required to perform a reinspection.

6A reinspection shall be an inspection of those items previously
7listed on an original report to determine if the recommendations
8have been completed. Each reinspection shall be reported on an
9original inspection report form and shall be labeled “Reinspection.”
10Each reinspection shall also identify the original report by date.

11After four months from an original inspection, all inspections
12shall be original inspections and not reinspections.

13Any reinspection shall be performed for not more than the price
14of the registered company’s original inspection price and shall be
15completed within 10 business days after a reinspection has been
16ordered.

17(13) The inspection report shall contain the following statement,
18printed in boldface type:


20“NOTICE: Reports on this structure prepared by various
21registered companies should list the same findings (i.e. termite
22infestations, termite damage, fungus damage, etc.). However,
23recommendations to correct these findings may vary from company
24to company. You have a right to seek a second opinion from
25another company.”


27(c) At the time a report is ordered, the registered company or
28licensee shall inform the person or entity ordering the report, that
29a separate report is available pursuant to this subdivision. If a
30separate report is requested at the time the inspection report is
31ordered, the registered company or licensee shall separately identify
32on the report each recommendation for corrective measures as
33follows:

34(1) The infestation or infection that is evident.

35(2) The conditions that are present that are deemed likely to
36lead to infestation or infection.

37If a registered company or licensee fails to inform as required
38by this subdivision and a dispute arises, or if any other dispute
39arises as to whether this subdivision has been complied with, a
40separate report shall be provided within 24 hours of the request
P46   1but, in no event, later than the next business day, and at no
2additional cost.

3(d) When a corrective condition is identified, either as paragraph
4(1) or (2) of subdivision (c), and the property owner or the property
5owner’s designated agent chooses not to correct those conditions,
6the registered company or licensee shall not be liable for damages
7resulting from a failure to correct those conditions or subject to
8any disciplinary action by the board. Nothing in this subdivision,
9however, shall relieve a registered company or a licensee of any
10liability resulting from negligence, fraud, dishonest dealing, other
11violations pursuant to this chapter, or contractual obligations
12between the registered company or licensee and the responsible
13parties.

14(e) The inspection report form prescribed by the board shall
15separately identify the infestation or infection that is evident and
16the conditions that are present that are deemed likely to lead to
17infestation or infection. If a separate form is requested, the form
18shall explain the infestation or infection that is evident and the
19conditions that are present that are deemed likely to lead to
20infestation or infection and the difference between those conditions.
21In no event, however, shall conditions deemed likely to lead to
22infestation or infection be characterized as actual “defects” or as
23actual “active” infestations or infections or in need of correction
24as a precondition to issuing a certification pursuant to Section
258519.

26(f) The report and any contract entered into shall also state
27specifically when any guarantee for the work is made, and if so,
28the specific terms of the guarantee and the period of time for which
29the guarantee shall be in effect. If a guarantee extends beyond three
30years, the registered company shall maintain all original inspection
31reports, field notes, activity forms, and notices of completion for
32the duration of the guarantee period and for one year after the
33guarantee expires.

34(g) For purposes of this section, “control service agreement”
35means an agreement, including extended warranties, to have a
36licensee conduct over a period of time regular inspections and
37other activities related to the control or eradication of wood
38destroying pests and organisms. Under a control service agreement
39a registered company shall refer to the original report and contract
40in a manner as to identify them clearly, and the report shall be
P47   1assumed to be a true report of conditions as originally issued,
2except it may be modified after a control service inspection. A
3registered company is not required to issue a report as outlined in
4paragraphs (1) to (11), inclusive, of subdivision (b) after each
5control service inspection. If after control service inspection, no
6modification of the original report is made in writing, then it will
7be assumed that conditions are as originally reported. A control
8service contract shall state specifically the particular wood
9destroying pests or organisms and the portions of the buildings or
10structures covered by the contract.

11(h) A registered company or licensee may enter into and
12maintain a control service agreement provided the following
13requirements are met:

14(1) The control service agreement shall be in writing, signed by
15both parties, and shall specifically include the following:

16(A) The wood destroying pests and organisms covered by the
17control service agreement.

18(B) Any wood destroying pest or organism that is not covered
19must be specifically listed.

20(C) The type and manner of treatment to be used to correct the
21infestations or infections.

22(D) The structures or buildings, or portions thereof, covered by
23the agreement, including a statement specifying whether the
24coverage for purposes of periodic inspections is limited or full.
25Any exclusions from those described in the original report must
26be specifically listed.

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

28(F) The frequency of the inspections to be provided, the fee to
29be charged for each renewal, and the duration of the agreement.

30(G) Whether the fee includes structural repairs.

31(H) If the services provided are guaranteed, and, if so, the terms
32of the guarantee.

33(I) A statement that all corrections of infestations or infections
34covered by the control service agreement shall be completed within
35six months of discovery, unless otherwise agreed to in writing by
36both parties.

37(2) The original inspection report, the control service agreement,
38and completion report shall be maintained for three years after the
39cancellation of the control service agreement.

P48   1(3) Inspections made pursuant to a control service agreement
2shall be conducted by a Branch 3 licensee. Section 8506.1 does
3not modify this provision.

4(4) A full inspection of the property covered by the control
5service agreement shall be conducted and a report filed pursuant
6to subdivision (b) at least once every three years from the date that
7the agreement was entered into, unless the consumer cancels the
8contract within three years from the date the agreement was entered
9into.

10(5) Under a control service agreement, a written report shall be
11required for the correction of any infestation or infection unless
12all of the following conditions are met:

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

14(B) The infestation or infection is covered by the control service
15agreement.

16(C) There is no additional charge for correcting the infestation
17or infection.

18(D) Correction of the infestation or infection takes place within
1945 days of its discovery.

20(E) Correction of the infestation or infection does not include
21fumigation.

22(6) All notice requirements pursuant to Section 8538 shall apply
23to all pesticide treatments conducted under control service
24agreements.

25(i) All work recommended by a registered company, where an
26estimate or bid for making repairs was given with the original
27inspection report, or thereafter, shall be recorded on this report or
28a separate work agreement and shall specify a price for each
29recommendation. This information shall be provided to the person
30requesting the inspection, and shall be retained by the registered
31company with the inspection report copy for three years.

32

begin deleteSEC. 32.end delete
33
begin insertSEC. 38.end insert  

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

35

8518.  

(a) When a registered company completes work under
36a contract, it shall prepare, on a form prescribed by the board, a
37notice of work completed and not completed, and shall furnish
38that notice to the owner of the property or the owner’s agent within
3910 business days after completing the work. The notice shall
P49   1include a statement of the cost of the completed work and estimated
2cost of work not completed.

3(b) The address of each property inspected or upon which work
4was completed shall be reported on a form prescribed by the board
5and shall be filed with the board no later than 10 business days
6after completed work.

7(c) A filing fee shall be assessed pursuant to Section 8674 for
8every property upon which work is completed.

9(d) Failure of a registered company to report and file with the
10board the address of any property upon which work was completed
11pursuant to subdivision (b) of Section 8516 or this section is
12grounds for disciplinary action and shall subject the registered
13company to a fine of not more than two thousand five hundred
14dollars ($2,500).

15(e) The registered company shall retain for three years all
16original notices of work completed, work not completed, and
17activity forms.

18(f) Notices of work completed and not completed shall be made
19available for inspection and reproduction to the executive officer
20of the board or his or her duly authorized representative during
21business hours. Original notices of work completed or not
22completed or copies thereof shall be submitted to the board upon
23request within two business days.

24(g) This section shall only apply to work relating to wood
25destroying pests or organisms.

begin delete26

SEC. 33.  

Section 1348.8 of the Health and Safety Code is
27repealed.

end delete
begin delete28

SEC. 34.  

Section 10279 of the Insurance Code is repealed.

end delete
29begin insert

begin insertSEC. 39.end insert  

end insert

begin insertSection 1348.8 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
30amended to read:end insert

31

1348.8.  

(a) A health care service plan that provides, operates,
32or contracts for telephone medical advice services to its enrollees
33and subscribers shall do all of the following:

34(1) Ensure that the in-state or out-of-state telephone medical
35advice servicebegin delete is registered pursuant toend deletebegin insert complies with the
36requirements ofend insert
Chapter 15 (commencing with Section 4999) of
37Division 2 of the Business and Professions Code.

38(2) Ensure that the staff providing telephone medical advice
39services for the in-state or out-of-state telephone medical advice
40service are licensed as follows:

P50   1(A) For full service health care service plans, the staff hold a
2valid California license as a registered nurse or a valid license in
3the state within which they provide telephone medical advice
4services as a physician and surgeon or physician assistant, and are
5operating in compliance with the laws governing their respective
6scopes of practice.

7(B) (i) For specialized health care service plans providing,
8operating, or contracting with a telephone medical advice service
9in California, the staff shall be appropriately licensed, registered,
10or certified as a dentist pursuant to Chapter 4 (commencing with
11Section 1600) of Division 2 of the Business and Professions Code,
12as a dental hygienist pursuant to Article 7 (commencing with
13Section 1740) of Chapter 4 of Division 2 of the Business and
14Professions Code, as a physician and surgeon pursuant to Chapter
155 (commencing with Section 2000) of Division 2 of the Business
16and Professions Code or the Osteopathic Initiative Act, as a
17registered nurse pursuant to Chapter 6 (commencing with Section
182700) of Division 2 of the Business and Professions Code, as a
19psychologist pursuant to Chapter 6.6 (commencing with Section
202900) of Division 2 of the Business and Professions Code, as an
21optometrist pursuant to Chapter 7 (commencing with Section 3000)
22of Division 2 of the Business and Professions Code, as a marriage
23and family therapist pursuant to Chapter 13 (commencing with
24Section 4980) of Division 2 of the Business and Professions Code,
25as a licensed clinical social worker pursuant to Chapter 14
26(commencing with Section 4991) of Division 2 of the Business
27and Professions Code, as a professional clinical counselor pursuant
28to Chapter 16 (commencing with Section 4999.10) of Division 2
29of the Business and Professions Code, or as a chiropractor pursuant
30to the Chiropractic Initiative Act, and operating in compliance
31with the laws governing their respective scopes of practice.

32(ii) For specialized health care service plans providing,
33operating, or contracting with an out-of-state telephone medical
34advice service, the staff shall be health care professionals, as
35identified in clause (i), who are licensed, registered, or certified
36in the state within which they are providing the telephone medical
37advice services and are operating in compliance with the laws
38governing their respective scopes of practice. All registered nurses
39providing telephone medical advice services to both in-state and
40out-of-state business entities registered pursuant to this chapter
P51   1shall be licensed pursuant to Chapter 6 (commencing with Section
22700) of Division 2 of the Business and Professions Code.

3(3) Ensure that every full service health care service plan
4provides for a physician and surgeon who is available on an on-call
5basis at all times the service is advertised to be available to
6enrollees and subscribers.

7(4) Ensure that staff members handling enrollee or subscriber
8calls, who are not licensed, certified, or registered as required by
9paragraph (2), do not provide telephone medical advice. Those
10staff members may ask questions on behalf of a staff member who
11is licensed, certified, or registered as required by paragraph (2),
12in order to help ascertain the condition of an enrollee or subscriber
13so that the enrollee or subscriber can be referred to licensed staff.
14However, under no circumstances shall those staff members use
15the answers to those questions in an attempt to assess, evaluate,
16advise, or make any decision regarding the condition of an enrollee
17or subscriber or determine when an enrollee or subscriber needs
18to be seen by a licensed medical professional.

19(5) Ensure that no staff member uses a title or designation when
20speaking to an enrollee or subscriber that may cause a reasonable
21person to believe that the staff member is a licensed, certified, or
22registered professional described in Section 4999.2 of the Business
23and Professions Code unless the staff member is a licensed,
24certified, or registered professional.

25(6) Ensure that the in-state or out-of-state telephone medical
26advice service designates an agent for service of process in
27California and files this designation with the director.

28(7) Requires that the in-state or out-of-state telephone medical
29advice service makes and maintains records for a period of five
30years after the telephone medical advice services are provided,
31including, but not limited to, oral or written transcripts of all
32medical advice conversations with the health care service plan’s
33enrollees or subscribers in California and copies of all complaints.
34If the records of telephone medical advice services are kept out of
35state, the health care service plan shall, upon the request of the
36director, provide the records to the director within 10 days of the
37request.

38(8) Ensure that the telephone medical advice services are
39provided consistent with good professional practice.

P52   1(b) The director shall forward to the Department of Consumer
2Affairs, within 30 days of the end of each calendar quarter, data
3regarding complaints filed with the department concerning
4telephone medical advice services.

5(c) For purposes of this section, “telephone medical advice”
6means a telephonic communication between a patient and a health
7care professional in which the health care professional’s primary
8function is to provide to the patient a telephonic response to the
9patient’s questions regarding his or her or a family member’s
10medical care or treatment. “Telephone medical advice” includes
11assessment, evaluation, or advice provided to patients or their
12family members.

13begin insert

begin insertSEC. 40.end insert  

end insert

begin insertSection 10279 of the end insertbegin insertInsurance Codeend insertbegin insert is amended to
14read:end insert

15

10279.  

(a) Every disability insurer that provides group or
16individual policies of disability, or both, that provides, operates,
17or contracts for, telephone medical advice services to its insureds
18shall do all of the following:

19(1) Ensure that the in-state or out-of-state telephone medical
20advice servicebegin delete is registered pursuant toend deletebegin insert complies with the
21requirements ofend insert
Chapter 15 (commencing with Section 4999) of
22Division 2 of the Business and Professions Code.

23(2) Ensure that the staff providing telephone medical advice
24services for the in-state or out-of-state telephone medical advice
25service hold a valid California license as a registered nurse or a
26valid license in the state within which they provide telephone
27medical advice services as a physician and surgeon or physician
28assistant and are operating consistent with the laws governing their
29respective scopes of practice.

30(3) Ensure that a physician and surgeon is available on an on-call
31basis at all times the service is advertised to be available to
32enrollees and subscribers.

33(4) Ensure that the in-state or out-of-state telephone medical
34advice service designates an agent for service of process in
35California and files this designation with the commissioner.

36(5) Require that the in-state or out-of-state telephone medical
37advice service makes and maintains records for a period of five
38years after the telephone medical advice services are provided,
39including, but not limited to, oral or written transcripts of all
40medical advice conversations with the disability insurer’s insureds
P53   1in California and copies of all complaints. If the records of
2telephone medical advice services are kept out of state, the insurer
3shall, upon the request of the director, provide the records to the
4director within 10 days of the request.

5(6) Ensure that the telephone medical advice services are
6provided consistent with good professional practice.

7(b) The commissioner shall forward to the Department of
8Consumer Affairs, within 30 days of the end of each calendar
9quarter, data regarding complaints filed with the department
10concerning telephone medical advice services.

11

begin deleteSEC. 35.end delete
12
begin insertSEC. 41.end insert  

No reimbursement is required by this act pursuant to
13Section 6 of Article XIII B of the California Constitution because
14the only costs that may be incurred by a local agency or school
15district will be incurred because this act creates a new crime or
16infraction, eliminates a crime or infraction, or changes the penalty
17for a crime or infraction, within the meaning of Section 17556 of
18the Government Code, or changes the definition of a crime within
19the meaning of Section 6 of Article XIII B of the California
20Constitution.



O

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