Amended in Senate May 31, 2016

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 insert 115.6, 144, 146, 651, 656, 683, 800, 805, 805.1, 805.5, 805.6, 810, 2052.5,end insert 2423,begin delete 2460, 2461, 2475, 2479, 2486, 2488, 2492, 2499,end delete 2733, 2746.51, 2786.5, 2811, 2811.5, 2815, 2815.5, 2816, 2830.7, 2836.3, 2838.2, 4128.2,begin insert 4170, 4175, 4830,end insert 4999, 4999.2,begin delete 7137, 7153.3,end delete 8031, 8516, and 8518 of, to amend, repeal, and addbegin delete Section 4400end deletebegin insert Sections 4400, 7137, and 7153.3end insert of, to addbegin delete Section 2499.7 to,end deletebegin insert Chapter 3.5 (commencing with Section 1460) to Division 2 of,end insert to repeal Sections 4999.1, 4999.3, 4999.4, and 4999.6 of,begin insert to repeal Article 22 (commencing with Section 2460) of Chapter 5 of Division 2 of,end insert and to repeal and add Section 4999.5 of, the Business and Professions Code,begin insert to amend Section 13401 of the Corporations Code,end insert to amend Section 1348.8 of the Health and Safety Code, and to amend Section 10279 of the Insurance Code, relating to professions and vocations, and making an appropriation therefor.

LEGISLATIVE COUNSEL’S DIGEST

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

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

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

(2) The 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.

(3) 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.

(4) 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 insert

(5) The Veterinary Medicine Practice Act provides for the licensure and regulation of veterinarians by the Veterinary Medical Board, which is within the Department of Consumer Affairs. Under the act, it is unlawful and a misdemeanor for any person to practice veterinary medicine in this state unless he or she holds a valid, unexpired, and unrevoked license issued by the board, except under specified circumstances, including when regularly licensed veterinarians in actual consultation from other states or when regularly licensed veterinarians are actually called from other states to attend cases in this state and do not open an office or appoint a place to do business within the state.

end insert
begin insert

This bill would replace those exceptions with an exception for veterinarians holding a current, valid license in good standing in another state or country who provide assistance to a California licensed veterinarian and attend on a specific case, subject to specified conditions.

end insert
begin delete

(5)

end delete

begin insert(6)end insert Existing law requires businesses 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, 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, as specified.

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.

begin delete

(6)

end delete

begin insert(7)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,begin insert requires the board to set the fees by regulation,end insert 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.

Thisbegin delete billend deletebegin insert bill, on and after July 1, 2017,end insert would raise specifiedbegin delete feesend deletebegin insert fees, would instead authorize the board to set the fees by regulation,end insert 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

(7)

end delete

begin insert(8)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

(8)

end delete

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

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

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

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

begin delete

(9)

end delete

begin insert(10)end insert The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

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

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

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

P6    1

SECTION 1.  

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

6begin insert

begin insertSEC. 2.end insert  

end insert

begin insertSection 115.6 of the end insertbegin insertBusiness and Professions Codeend insert
7
begin insert is amended to read:end insert

8

115.6.  

(a) A board within the department shall, after
9appropriate investigation, issue the following eligible temporary
10licenses to an applicant if he or she meets the requirements set
11forth in subdivision (c):

12(1) Registered nurse license by the Board of Registered Nursing.

13(2) Vocational nurse license issued by the Board of Vocational
14Nursing and Psychiatric Technicians of the State of California.

15(3) Psychiatric technician license issued by the Board of
16Vocational Nursing and Psychiatric Technicians of the State of
17California.

18(4) Speech-language pathologist license issued by the
19Speech-Language Pathology and Audiology and Hearing Aid
20Dispensers Board.

21(5) Audiologist license issued by the Speech-Language
22Pathology and Audiology and Hearing Aid Dispensers Board.

23(6) Veterinarian license issued by the Veterinary Medical Board.

24(7) All licenses issued by the Board for Professional Engineers,
25Land Surveyors, and Geologists.

26(8) All licenses issued by the Medical Board of California.

begin insert

27
(9) All licenses issued by the California Board of Podiatric
28Medicine.

end insert

29(b) The board may conduct an investigation of an applicant for
30purposes of denying or revoking a temporary license issued
31pursuant to this section. This investigation may include a criminal
32background check.

33(c) An applicant seeking a temporary license pursuant to this
34section shall meet the following requirements:

35(1) The applicant shall supply evidence satisfactory to the board
36that the applicant is married to, or in a domestic partnership or
37other legal union with, an active duty member of the Armed Forces
P7    1of the United States who is assigned to a duty station in this state
2under official active duty military orders.

3(2) The applicant shall hold a current, active, and unrestricted
4license that confers upon him or her the authority to practice, in
5another state, district, or territory of the United States, the
6profession or vocation for which he or she seeks a temporary
7license from the board.

8(3) The applicant shall submit an application to the board that
9shall include a signed affidavit attesting to the fact that he or she
10meets all of the requirements for the temporary license and that
11the information submitted in the application is accurate, to the best
12of his or her knowledge. The application shall also include written
13verification from the applicant’s original licensing jurisdiction
14stating that the applicant’s license is in good standing in that
15jurisdiction.

16(4) The applicant shall not have committed an act in any
17jurisdiction that would have constituted grounds for denial,
18suspension, or revocation of the license under this code at the time
19the act was committed. A violation of this paragraph may be
20grounds for the denial or revocation of a temporary license issued
21by the board.

22(5) The applicant shall not have been disciplined by a licensing
23entity in another jurisdiction and shall not be the subject of an
24unresolved complaint, review procedure, or disciplinary proceeding
25conducted by a licensing entity in another jurisdiction.

26(6) The applicant shall, upon request by a board, furnish a full
27set of fingerprints for purposes of conducting a criminal
28background check.

29(d) A board may adopt regulations necessary to administer this
30section.

31(e) A temporary license issued pursuant to this section may be
32immediately terminated upon a finding that the temporary
33licenseholder failed to meet any of the requirements described in
34subdivision (c) or provided substantively inaccurate information
35that would affect his or her eligibility for temporary licensure.
36Upon termination of the temporary license, the board shall issue
37a notice of termination that shall require the temporary
38licenseholder to immediately cease the practice of the licensed
39profession upon receipt.

P8    1(f) An applicant seeking a temporary license as a civil engineer,
2geotechnical engineer, structural engineer, land surveyor,
3professional geologist, professional geophysicist, certified
4engineering geologist, or certified hydrogeologist pursuant to this
5section shall successfully pass the appropriate California-specific
6examination or examinations required for licensure in those
7respective professions by the Board for Professional Engineers,
8Land Surveyors, and Geologists.

9(g) A temporary license issued pursuant to this section shall
10expire 12 months after issuance, upon issuance of an expedited
11license pursuant to Section 115.5, or upon denial of the application
12for expedited licensure by the board, whichever occurs first.

13begin insert

begin insertSEC. 3.end insert  

end insert

begin insertSection 144 of the end insertbegin insertBusiness and Professions Codeend insertbegin insert is
14amended to read:end insert

15

144.  

(a) Notwithstanding any other provision of law, an agency
16designated in subdivision (b) shall require an applicant to furnish
17to the agency a full set of fingerprints for purposes of conducting
18criminal history record checks. Any agency designated in
19subdivision (b) may obtain and receive, at its discretion, criminal
20history information from the Department of Justice and the United
21States Federal Bureau of Investigation.

22(b) Subdivision (a) applies to the following:

23(1) California Board of Accountancy.

24(2) State Athletic Commission.

25(3) Board of Behavioral Sciences.

26(4) Court Reporters Board of California.

27(5) State Board of Guide Dogs for the Blind.

28(6) California State Board of Pharmacy.

29(7) Board of Registered Nursing.

30(8) Veterinary Medical Board.

31(9) Board of Vocational Nursing and Psychiatric Technicians.

32(10) Respiratory Care Board of California.

33(11) Physical Therapy Board of California.

34(12) Physician Assistant Committee of the Medical Board of
35California.

36(13) Speech-Language Pathology and Audiology and Hearing
37Aid Dispenser Board.

38(14) Medical Board of California.

39(15) State Board of Optometry.

40(16) Acupuncture Board.

P9    1(17) Cemetery and Funeral Bureau.

2(18) Bureau of Security and Investigative Services.

3(19) Division of Investigation.

4(20) Board of Psychology.

5(21) California Board of Occupational Therapy.

6(22) Structural Pest Control Board.

7(23) Contractors’ State License Board.

8(24) Naturopathic Medicine Committee.

9(25) Professional Fiduciaries Bureau.

10(26) Board for Professional Engineers, Land Surveyors, and
11Geologists.

12(27) Bureau of Medical Marijuana Regulation.

begin insert

13
(28) California Board of Podiatric Medicine.

end insert

14(c) For purposes of paragraph (26) of subdivision (b), the term
15“applicant” shall be limited to an initial applicant who has never
16been registered or licensed by the board or to an applicant for a
17new licensure or registration category.

18begin insert

begin insertSEC. 4.end insert  

end insert

begin insertSection 146 of the end insertbegin insertBusiness and Professions Codeend insertbegin insert is
19amended to read:end insert

20

146.  

(a) Notwithstanding any other provision of law, a
21violation of any code section listed in subdivision (c) is an
22infraction subject to the procedures described in Sections 19.6 and
2319.7 of the Penal Code when either of the following applies:

24(1) A complaint or a written notice to appear in court pursuant
25to Chapter 5c (commencing with Section 853.5) of Title 3 of Part
262 of the Penal Code is filed in court charging the offense as an
27infraction unless the defendant, at the time he or she is arraigned,
28after being advised of his or her rights, elects to have the case
29proceed as a misdemeanor.

30(2) The court, with the consent of the defendant and the
31prosecution, determines that the offense is an infraction in which
32event the case shall proceed as if the defendant has been arraigned
33on an infraction complaint.

34(b) Subdivision (a) does not apply to a violation of the code
35sections listed in subdivision (c) if the defendant has had his or
36her license, registration, or certificate previously revoked or
37suspended.

38(c) The following sections require registration, licensure,
39certification, or other authorization in order to engage in certain
40businesses or professions regulated by this code:

begin delete

P10   1(1)

end delete
begin insert

2
(1) Section 1474.

end insert

3begin insert(2)end insert Sections 2052 and 2054.

begin delete

4(2)

end delete

5begin insert(3)end insert Section 2630.

begin delete

6(3)

end delete

7begin insert(4)end insert Section 2903.

begin delete

8(4)

end delete

9begin insert(5)end insert Section 3575.

begin delete

10(5)

end delete

11begin insert(6)end insert Section 3660.

begin delete

12(6)

end delete

13begin insert(7)end insert Sections 3760 and 3761.

begin delete

14(7)

end delete

15begin insert(8)end insert Section 4080.

begin delete

16(8)

end delete

17begin insert(9)end insert Section 4825.

begin delete

18(9)

end delete

19begin insert(10)end insert Section 4935.

begin delete

20(10)

end delete

21begin insert(11)end insert Section 4980.

begin delete

22(11)

end delete

23begin insert(12)end insert Section 4989.50.

begin delete

24(12)

end delete

25begin insert(13)end insert Section 4996.

begin delete

26(13)

end delete

27begin insert(14)end insert Section 4999.30.

begin delete

28(14)

end delete

29begin insert(15)end insert Section 5536.

begin delete

30(15)

end delete

31begin insert(16)end insert Section 6704.

begin delete

32(16)

end delete

33begin insert(17)end insert Section 6980.10.

begin delete

34(17)

end delete

35begin insert(18)end insert Section 7317.

begin delete

36(18)

end delete

37begin insert(19)end insert Section 7502 or 7592.

begin delete

38(19)

end delete

39begin insert(20)end insert Section 7520.

begin delete

40(20)

end delete

P11   1begin insert(21)end insert Section 7617 or 7641.

begin delete

2(21)

end delete

3begin insert(22)end insert Subdivision (a) of Section 7872.

begin delete

4(22)

end delete

5begin insert(23)end insert Section 8016.

begin delete

6(23)

end delete

7begin insert(24)end insert Section 8505.

begin delete

8(24)

end delete

9begin insert(25)end insert Section 8725.

begin delete

10(25)

end delete

11begin insert(26)end insert Section 9681.

begin delete

12(26)

end delete

13begin insert(27)end insert Section 9840.

begin delete

14(27)

end delete

15begin insert(28)end insert Subdivision (c) of Section 9891.24.

begin delete

16(28)

end delete

17begin insert(29)end insert Section 19049.

18(d) Notwithstanding any other law, a violation of any of the
19sections listed in subdivision (c), which is an infraction, is
20punishable by a fine of not less than two hundred fifty dollars
21($250) and not more than one thousand dollars ($1,000). No portion
22of the minimum fine may be suspended by the court unless as a
23condition of that suspension the defendant is required to submit
24proof of a current valid license, registration, or certificate for the
25profession or vocation that was the basis for his or her conviction.

26begin insert

begin insertSEC. 5.end insert  

end insert

begin insertSection 651 of the end insertbegin insertBusiness and Professions Codeend insertbegin insert is
27amended to read:end insert

28

651.  

(a) It is unlawful for any person licensed under this
29division or under any initiative act referred to in this division to
30disseminate or cause to be disseminated any form of public
31communication containing a false, fraudulent, misleading, or
32deceptive statement, claim, or image for the purpose of or likely
33to induce, directly or indirectly, the rendering of professional
34services or furnishing of products in connection with the
35professional practice or business for which he or she is licensed.
36A “public communication” as used in this section includes, but is
37not limited to, communication by means of mail, television, radio,
38motion picture, newspaper, book, list or directory of healing arts
39practitioners, Internet, or other electronic communication.

P12   1(b) A false, fraudulent, misleading, or deceptive statement,
2claim, or image includes a statement or claim that does any of the
3following:

4(1) Contains a misrepresentation of fact.

5(2) Is likely to mislead or deceive because of a failure to disclose
6material facts.

7(3) (A) Is intended or is likely to create false or unjustified
8expectations of favorable results, including the use of any
9photograph or other image that does not accurately depict the
10results of the procedure being advertised or that has been altered
11in any manner from the image of the actual subject depicted in the
12photograph or image.

13(B) Use of any photograph or other image of a model without
14clearly stating in a prominent location in easily readable type the
15fact that the photograph or image is of a model is a violation of
16subdivision (a). For purposes of this paragraph, a model is anyone
17other than an actual patient, who has undergone the procedure
18being advertised, of the licensee who is advertising for his or her
19services.

20(C) Use of any photograph or other image of an actual patient
21that depicts or purports to depict the results of any procedure, or
22presents “before” and “after” views of a patient, without specifying
23in a prominent location in easily readable type size what procedures
24were performed on that patient is a violation of subdivision (a).
25Any “before” and “after” views (i) shall be comparable in
26presentation so that the results are not distorted by favorable poses,
27lighting, or other features of presentation, and (ii) shall contain a
28statement that the same “before” and “after” results may not occur
29for all patients.

30(4) Relates to fees, other than a standard consultation fee or a
31range of fees for specific types of services, without fully and
32specifically disclosing all variables and other material factors.

33(5) Contains other representations or implications that in
34reasonable probability will cause an ordinarily prudent person to
35misunderstand or be deceived.

36(6) Makes a claim either of professional superiority or of
37performing services in a superior manner, unless that claim is
38relevant to the service being performed and can be substantiated
39with objective scientific evidence.

P13   1(7) Makes a scientific claim that cannot be substantiated by
2reliable, peer reviewed, published scientific studies.

3(8) Includes any statement, endorsement, or testimonial that is
4likely to mislead or deceive because of a failure to disclose material
5facts.

6(c) Any price advertisement shall be exact, without the use of
7phrases, including, but not limited to, “as low as,” “and up,”
8“lowest prices,” or words or phrases of similar import. Any
9advertisement that refers to services, or costs for services, and that
10uses words of comparison shall be based on verifiable data
11substantiating the comparison. Any person so advertising shall be
12prepared to provide information sufficient to establish the accuracy
13of that comparison. Price advertising shall not be fraudulent,
14deceitful, or misleading, including statements or advertisements
15of bait, discount, premiums, gifts, or any statements of a similar
16nature. In connection with price advertising, the price for each
17product or service shall be clearly identifiable. The price advertised
18for products shall include charges for any related professional
19services, including dispensing and fitting services, unless the
20advertisement specifically and clearly indicates otherwise.

21(d) Any person so licensed shall not compensate or give anything
22of value to a representative of the press, radio, television, or other
23communication medium in anticipation of, or in return for,
24professional publicity unless the fact of compensation is made
25known in that publicity.

26(e) Any person so licensed may not use any professional card,
27professional announcement card, office sign, letterhead, telephone
28directory listing, medical list, medical directory listing, or a similar
29professional notice or device if it includes a statement or claim
30that is false, fraudulent, misleading, or deceptive within the
31meaning of subdivision (b).

32(f) Any person so licensed who violates this section is guilty of
33a misdemeanor. A bona fide mistake of fact shall be a defense to
34this subdivision, but only to this subdivision.

35(g) Any violation of this section by a person so licensed shall
36constitute good cause for revocation or suspension of his or her
37license or other disciplinary action.

38(h) Advertising by any person so licensed may include the
39following:

40(1) A statement of the name of the practitioner.

P14   1(2) A statement of addresses and telephone numbers of the
2offices maintained by the practitioner.

3(3) A statement of office hours regularly maintained by the
4practitioner.

5(4) A statement of languages, other than English, fluently spoken
6by the practitioner or a person in the practitioner’s office.

7(5) (A) A statement that the practitioner is certified by a private
8or public board or agency or a statement that the practitioner limits
9his or her practice to specific fields.

10(B) A statement of certification by a practitioner licensed under
11Chapter 7 (commencing with Section 3000) shall only include a
12statement that he or she is certified or eligible for certification by
13a private or public board or parent association recognized by that
14practitioner’s licensing board.

15(C) A physician and surgeon licensed under Chapter 5
16(commencing with Section 2000) by the Medical Board of
17California may include a statement that he or she limits his or her
18practice to specific fields, but shall not include a statement that he
19or she is certified or eligible for certification by a private or public
20board or parent association, including, but not limited to, a
21multidisciplinary board or association, unless that board or
22association is (i) an American Board of Medical Specialties
23member board, (ii) a board or association with equivalent
24requirements approved by that physician and surgeon’s licensing
25board, or (iii) a board or association with an Accreditation Council
26for Graduate Medical Education approved postgraduate training
27program that provides complete training in that specialty or
28subspecialty. A physician and surgeon licensed under Chapter 5
29(commencing with Section 2000) by the Medical Board of
30California who is certified by an organization other than a board
31or association referred to in clause (i), (ii), or (iii) shall not use the
32term “board certified” in reference to that certification, unless the
33physician and surgeon is also licensed under Chapter 4
34(commencing with Section 1600) and the use of the term “board
35certified” in reference to that certification is in accordance with
36subparagraph (A). A physician and surgeon licensed under Chapter
375 (commencing with Section 2000) by the Medical Board of
38California who is certified by a board or association referred to in
39clause (i), (ii), or (iii) shall not use the term “board certified” unless
40the full name of the certifying board is also used and given
P15   1comparable prominence with the term “board certified” in the
2statement.

3For purposes of this subparagraph, a “multidisciplinary board
4or association” means an educational certifying body that has a
5psychometrically valid testing process, as determined by the
6Medical Board of California, for certifying medical doctors and
7other health care professionals that is based on the applicant’s
8education, training, and experience.

9For purposes of the term “board certified,” as used in this
10subparagraph, the terms “board” and “association” mean an
11organization that is an American Board of Medical Specialties
12 member board, an organization with equivalent requirements
13approved by a physician and surgeon’s licensing board, or an
14organization with an Accreditation Council for Graduate Medical
15Education approved postgraduate training program that provides
16complete training in a specialty or subspecialty.

17The Medical Board of California shall adopt regulations to
18establish and collect a reasonable fee from each board or
19association applying for recognition pursuant to this subparagraph.
20The fee shall not exceed the cost of administering this
21subparagraph. Notwithstanding Section 2 of Chapter 1660 of the
22Statutes of 1990, this subparagraph shall become operative July
231, 1993. However, an administrative agency or accrediting
24organization may take any action contemplated by this
25subparagraph relating to the establishment or approval of specialist
26requirements on and after January 1, 1991.

27(D) A doctor of podiatric medicine licensed under Chapterbegin delete 5
28(commencing with Section 2000) by the Medical Board of
29Californiaend delete
begin insert 3.5 (commencing with Section 1460) by the end insertbegin insertCalifornia
30Board of Podiatric Medicineend insert
may include a statement that he or
31she is certified or eligible or qualified for certification by a private
32or public board or parent association, including, but not limited
33to, a multidisciplinary board or association, if that board or
34association meets one of the following requirements: (i) is approved
35by the Council on Podiatric Medical Education, (ii) is a board or
36association with equivalent requirements approved by the
37California Board of Podiatric Medicine, or (iii) is a board or
38association with the Council on Podiatric Medical Education
39approved postgraduate training programs that provide training in
40podiatric medicine and podiatric surgery. A doctor of podiatric
P16   1medicine licensed under Chapterbegin delete 5 (commencing with Section
22000) by the Medical Board of Californiaend delete
begin insert 3.5 (commencing with
3Section 1460) by the California Board of Podiatric Medicineend insert
who
4is certified by a board or association referred to in clause (i), (ii),
5or (iii) shall not use the term “board certified” unless the full name
6of the certifying board is also used and given comparable
7prominence with the term “board certified” in the statement. A
8doctor of podiatric medicine licensed under Chapterbegin delete 5
9(commencing with Section 2000) by the Medical Board of
10Californiaend delete
begin insert 3.5 (commencing with Section 1460) by the California
11Board of Podiatric Medicineend insert
who is certified by an organization
12other than a board or association referred to in clause (i), (ii), or
13(iii) shall not use the term “board certified” in reference to that
14certification.

15For purposes of this subparagraph, a “multidisciplinary board
16or association” means an educational certifying body that has a
17psychometrically valid testing process, as determined by the
18California Board of Podiatric Medicine, for certifying doctors of
19podiatric medicine that is based on the applicant’s education,
20training, and experience. For purposes of the term “board certified,”
21as used in this subparagraph, the terms “board” and “association”
22mean an organization that is a Council on Podiatric Medical
23Education approved board, an organization with equivalent
24requirements approved by the California Board of Podiatric
25Medicine, or an organization with a Council on Podiatric Medical
26Education approved postgraduate training program that provides
27training in podiatric medicine and podiatric surgery.

28The California Board of Podiatric Medicine shall adopt
29regulations to establish and collect a reasonable fee from each
30board or association applying for recognition pursuant to this
31subparagraph, to be deposited in the State Treasury in the Podiatry
32Fund, pursuant to Sectionbegin delete 2499.end deletebegin insert 1499.end insert The fee shall not exceed
33the cost of administering this subparagraph.

34(6) A statement that the practitioner provides services under a
35specified private or public insurance plan or health care plan.

36(7) A statement of names of schools and postgraduate clinical
37training programs from which the practitioner has graduated,
38together with the degrees received.

39(8) A statement of publications authored by the practitioner.

P17   1(9) A statement of teaching positions currently or formerly held
2by the practitioner, together with pertinent dates.

3(10) A statement of his or her affiliations with hospitals or
4clinics.

5(11) A statement of the charges or fees for services or
6commodities offered by the practitioner.

7(12) A statement that the practitioner regularly accepts
8installment payments of fees.

9(13) Otherwise lawful images of a practitioner, his or her
10physical facilities, or of a commodity to be advertised.

11(14) A statement of the manufacturer, designer, style, make,
12trade name, brand name, color, size, or type of commodities
13advertised.

14(15) An advertisement of a registered dispensing optician may
15include statements in addition to those specified in paragraphs (1)
16to (14), inclusive, provided that any statement shall not violate
17subdivision (a), (b), (c), or (e) or any other section of this code.

18(16) A statement, or statements, providing public health
19information encouraging preventative or corrective care.

20(17) Any other item of factual information that is not false,
21fraudulent, misleading, or likely to deceive.

22(i) Each of the healing arts boards and examining committees
23within Division 2 shall adopt appropriate regulations to enforce
24this section in accordance with Chapter 3.5 (commencing with
25Section 11340) of Part 1 of Division 3 of Title 2 of the Government
26Code.

27Each of the healing arts boards and committees and examining
28committees within Division 2 shall, by regulation, define those
29efficacious services to be advertised by businesses or professions
30under their jurisdiction for the purpose of determining whether
31advertisements are false or misleading. Until a definition for that
32service has been issued, no advertisement for that service shall be
33disseminated. However, if a definition of a service has not been
34issued by a board or committee within 120 days of receipt of a
35request from a licensee, all those holding the license may advertise
36the service. Those boards and committees shall adopt or modify
37regulations defining what services may be advertised, the manner
38in which defined services may be advertised, and restricting
39advertising that would promote the inappropriate or excessive use
40of health services or commodities. A board or committee shall not,
P18   1by regulation, unreasonably prevent truthful, nondeceptive price
2or otherwise lawful forms of advertising of services or
3commodities, by either outright prohibition or imposition of
4onerous disclosure requirements. However, any member of a board
5or committee acting in good faith in the adoption or enforcement
6of any regulation shall be deemed to be acting as an agent of the
7state.

8(j) The Attorney General shall commence legal proceedings in
9the appropriate forum to enjoin advertisements disseminated or
10about to be disseminated in violation of this section and seek other
11appropriate relief to enforce this section. Notwithstanding any
12other provision of law, the costs of enforcing this section to the
13respective licensing boards or committees may be awarded against
14any licensee found to be in violation of any provision of this
15section. This shall not diminish the power of district attorneys,
16county counsels, or city attorneys pursuant to existing law to seek
17appropriate relief.

18(k) A physician and surgeonbegin delete or doctor of podiatric medicineend delete
19 licensed pursuant to Chapter 5 (commencing with Section 2000)
20by the Medical Board of Californiabegin insert or a doctor of podiatric
21medicine licensed pursuant to Chapterend insert
begin insert 3.5 (commencing with
22Section 1460) by the California Board of Podiatric Medicineend insert
who
23knowingly and intentionally violates this section may be cited and
24assessed an administrative fine not to exceed ten thousand dollars
25($10,000) per event. Section 125.9 shall govern the issuance of
26this citation and fine except that the fine limitations prescribed in
27paragraph (3) of subdivision (b) of Section 125.9 shall not apply
28to a fine under this subdivision.

29begin insert

begin insertSEC. 6.end insert  

end insert

begin insertSection 656 of the end insertbegin insertBusiness and Professions Codeend insertbegin insert is
30amended to read:end insert

31

656.  

Whenever any person has engaged, or is about to engage,
32in any acts or practices that constitute, or will constitute, a violation
33of this article, the superior court in and for the county wherein the
34acts or practices take place, or are about to take place, may issue
35an injunction, or other appropriate order, restraining the conduct
36on application of the State Board of Optometry, the Medical Board
37of California,begin insert the California Board of Podiatric Medicine,end insert the
38Osteopathic Medical Board of California, the Attorney General,
39or the district attorney of the county.

P19   1The proceedings under this section shall be governed by Chapter
23 (commencing with Section 525) of Title 7 of Part 2 of the Code
3of Civil Procedure.

4The remedy provided for in this section shall be in addition to,
5and not a limitation upon, the authority provided by any other
6provision of this code.

7begin insert

begin insertSEC. 7.end insert  

end insert

begin insertSection 683 of the end insertbegin insertBusiness and Professions Codeend insertbegin insert is
8amended to read:end insert

9

683.  

(a) A board shall report, within 10 working days, to the
10State Department of Health Care Services the name and license
11number of a person whose license has been revoked, suspended,
12surrendered, made inactive by the licensee, or placed in another
13category that prohibits the licensee from practicing his or her
14profession. The purpose of the reporting requirement is to prevent
15reimbursement by the state for Medi-Cal and Denti-Cal services
16provided after the cancellation of a provider’s professional license.

17(b) “Board,” as used in this section, means the Dental Board of
18California, the Medical Board of California, the Board of
19Psychology, the State Board of Optometry, the California State
20Board of Pharmacy, the Osteopathic Medical Board of California,
21the State Board of Chiropractic Examiners, the Board of Behavioral
22Sciences,begin insert the California Board of Podiatric Medicine,end insert and the
23California Board of Occupational Therapy.

begin delete

24(c) This section shall become operative on January 1, 2015.

end delete
25begin insert

begin insertSEC. 8.end insert  

end insert

begin insertSection 800 of the end insertbegin insertBusiness and Professions Codeend insertbegin insert is
26amended to read:end insert

27

800.  

(a) The Medical Board of California,begin insert the California Board
28of Podiatric Medicine,end insert
the Board of Psychology, the Dental Board
29of California, the Dental Hygiene Committee of California, the
30Osteopathic Medical Board of California, the State Board of
31Chiropractic Examiners, the Board of Registered Nursing, the
32Board of Vocational Nursing and Psychiatric Technicians of the
33State of California, the State Board of Optometry, the Veterinary
34Medical Board, the Board of Behavioral Sciences, the Physical
35Therapy Board of California, the California State Board of
36Pharmacy, the Speech-Language Pathology and Audiology and
37Hearing Aid Dispensers Board, the California Board of
38Occupational Therapy, the Acupuncture Board, and the Physician
39 Assistant Board shall each separately create and maintain a central
40file of the names of all persons who hold a license, certificate, or
P20   1similar authority from that board. Each central file shall be created
2and maintained to provide an individual historical record for each
3licensee with respect to the following information:

4(1) Any conviction of a crime in this or any other state that
5constitutes unprofessional conduct pursuant to the reporting
6requirements of Section 803.

7(2) Any judgment or settlement requiring the licensee or his or
8her insurer to pay any amount of damages in excess of three
9thousand dollars ($3,000) for any claim that injury or death was
10proximately caused by the licensee’s negligence, error or omission
11in practice, or by rendering unauthorized professional services,
12pursuant to the reporting requirements of Section 801 or 802.

13(3) Any public complaints for which provision is made pursuant
14to subdivision (b).

15(4) Disciplinary information reported pursuant to Section 805,
16including any additional exculpatory or explanatory statements
17submitted by the licentiate pursuant to subdivision (f) of Section
18805. If a court finds, in a final judgment, that the peer review
19resulting in the 805 report was conducted in bad faith and the
20licensee who is the subject of the report notifies the board of that
21finding, the board shall include that finding in the central file. For
22purposes of this paragraph, “peer review” has the same meaning
23as defined in Section 805.

24(5) Information reported pursuant to Section 805.01, including
25any explanatory or exculpatory information submitted by the
26licensee pursuant to subdivision (b) of that section.

27(b) (1) Each board shall prescribe and promulgate forms on
28which members of the public and other licensees or certificate
29holders may file written complaints to the board alleging any act
30of misconduct in, or connected with, the performance of
31professional services by the licensee.

32(2) If a board, or division thereof, a committee, or a panel has
33failed to act upon a complaint or report within five years, or has
34found that the complaint or report is without merit, the central file
35shall be purged of information relating to the complaint or report.

36(3) Notwithstanding this subdivision, the Board of Psychology,
37the Board of Behavioral Sciences, and the Respiratory Care Board
38of California shall maintain complaints or reports as long as each
39board deems necessary.

P21   1(c) (1) The contents of any central file that are not public
2records under any other provision of law shall be confidential
3except that the licensee involved, or his or her counsel or
4representative, shall have the right to inspect and have copies made
5of his or her complete file except for the provision that may
6disclose the identity of an information source. For the purposes of
7this section, a board may protect an information source by
8providing a copy of the material with only those deletions necessary
9to protect the identity of the source or by providing a
10comprehensive summary of the substance of the material.
11Whichever method is used, the board shall ensure that full
12disclosure is made to the subject of any personal information that
13could reasonably in any way reflect or convey anything detrimental,
14disparaging, or threatening to a licensee’s reputation, rights,
15benefits, privileges, or qualifications, or be used by a board to
16make a determination that would affect a licensee’s rights, benefits,
17privileges, or qualifications. The information required to be
18disclosed pursuant to Section 803.1 shall not be considered among
19the contents of a central file for the purposes of this subdivision.

20(2) The licensee may, but is not required to, submit any
21additional exculpatory or explanatory statement or other
22information that the board shall include in the central file.

23(3) Each board may permit any law enforcement or regulatory
24agency when required for an investigation of unlawful activity or
25for licensing, certification, or regulatory purposes to inspect and
26have copies made of that licensee’s file, unless the disclosure is
27otherwise prohibited by law.

28(4) These disclosures shall effect no change in the confidential
29status of these records.

30begin insert

begin insertSEC. 9.end insert  

end insert

begin insertSection 805 of the end insertbegin insertBusiness and Professions Codeend insertbegin insert is
31amended to read:end insert

32

805.  

(a) As used in this section, the following terms have the
33following definitions:

34(1) (A) “Peer review” means both of the following:

35(i) A process in which a peer review body reviews the basic
36qualifications, staff privileges, employment, medical outcomes,
37or professional conduct of licentiates to make recommendations
38for quality improvement and education, if necessary, in order to
39do either or both of the following:

P22   1(I) Determine whether a licentiate may practice or continue to
2practice in a health care facility, clinic, or other setting providing
3medical services, and, if so, to determine the parameters of that
4 practice.

5(II) Assess and improve the quality of care rendered in a health
6care facility, clinic, or other setting providing medical services.

7(ii) Any other activities of a peer review body as specified in
8subparagraph (B).

9(B) “Peer review body” includes:

10(i) A medical or professional staff of any health care facility or
11clinic licensed under Division 2 (commencing with Section 1200)
12of the Health and Safety Code or of a facility certified to participate
13in the federal Medicare program as an ambulatory surgical center.

14(ii) A health care service plan licensed under Chapter 2.2
15(commencing with Section 1340) of Division 2 of the Health and
16Safety Code or a disability insurer that contracts with licentiates
17to provide services at alternative rates of payment pursuant to
18Section 10133 of the Insurance Code.

19(iii) Any medical, psychological, marriage and family therapy,
20social work, professional clinical counselor, dental, or podiatric
21professional society having as members at least 25 percent of the
22eligible licentiates in the area in which it functions (which must
23include at least one county), which is not organized for profit and
24which has been determined to be exempt from taxes pursuant to
25Section 23701 of the Revenue and Taxation Code.

26(iv) A committee organized by any entity consisting of or
27employing more than 25 licentiates of the same class that functions
28for the purpose of reviewing the quality of professional care
29provided by members or employees of that entity.

30(2) “Licentiate” means a physician and surgeon, doctor of
31podiatric medicine, clinical psychologist, marriage and family
32therapist, clinical social worker, professional clinical counselor,
33dentist, or physician assistant. “Licentiate” also includes a person
34authorized to practice medicine pursuant to Section 2113 or 2168.

35(3) “Agency” means the relevant state licensing agency having
36regulatory jurisdiction over the licentiates listed in paragraph (2).

37(4) “Staff privileges” means any arrangement under which a
38licentiate is allowed to practice in or provide care for patients in
39a health facility. Those arrangements shall include, but are not
40limited to, full staff privileges, active staff privileges, limited staff
P23   1privileges, auxiliary staff privileges, provisional staff privileges,
2temporary staff privileges, courtesy staff privileges, locum tenens
3arrangements, and contractual arrangements to provide professional
4services, including, but not limited to, arrangements to provide
5outpatient services.

6(5) “Denial or termination of staff privileges, membership, or
7employment” includes failure or refusal to renew a contract or to
8renew, extend, or reestablish any staff privileges, if the action is
9based on medical disciplinary cause or reason.

10(6) “Medical disciplinary cause or reason” means that aspect
11of a licentiate’s competence or professional conduct that is
12reasonably likely to be detrimental to patient safety or to the
13delivery of patient care.

14(7) “805 report” means the written report required under
15subdivision (b).

16(b) The chief of staff of a medical or professional staff or other
17chief executive officer, medical director, or administrator of any
18 peer review body and the chief executive officer or administrator
19of any licensed health care facility or clinic shall file an 805 report
20with the relevant agency within 15 days after the effective date on
21which any of the following occur as a result of an action of a peer
22review body:

23(1) A licentiate’s application for staff privileges or membership
24is denied or rejected for a medical disciplinary cause or reason.

25(2) A licentiate’s membership, staff privileges, or employment
26is terminated or revoked for a medical disciplinary cause or reason.

27(3) Restrictions are imposed, or voluntarily accepted, on staff
28privileges, membership, or employment for a cumulative total of
2930 days or more for any 12-month period, for a medical disciplinary
30cause or reason.

31(c) If a licentiate takes any action listed in paragraph (1), (2),
32or (3) after receiving notice of a pending investigation initiated
33for a medical disciplinary cause or reason or after receiving notice
34that his or her application for membership or staff privileges is
35denied or will be denied for a medical disciplinary cause or reason,
36the chief of staff of a medical or professional staff or other chief
37executive officer, medical director, or administrator of any peer
38review body and the chief executive officer or administrator of
39any licensed health care facility or clinic where the licentiate is
40employed or has staff privileges or membership or where the
P24   1licentiate applied for staff privileges or membership, or sought the
2renewal thereof, shall file an 805 report with the relevant agency
3within 15 days after the licentiate takes the action.

4(1) Resigns or takes a leave of absence from membership, staff
5privileges, or employment.

6(2) Withdraws or abandons his or her application for staff
7privileges or membership.

8(3) Withdraws or abandons his or her request for renewal of
9staff privileges or membership.

10(d) For purposes of filing an 805 report, the signature of at least
11one of the individuals indicated in subdivision (b) or (c) on the
12completed form shall constitute compliance with the requirement
13to file the report.

14(e) An 805 report shall also be filed within 15 days following
15the imposition of summary suspension of staff privileges,
16membership, or employment, if the summary suspension remains
17in effect for a period in excess of 14 days.

18(f) A copy of the 805 report, and a notice advising the licentiate
19of his or her right to submit additional statements or other
20information, electronically or otherwise, pursuant to Section 800,
21shall be sent by the peer review body to the licentiate named in
22the report. The notice shall also advise the licentiate that
23information submitted electronically will be publicly disclosed to
24those who request the information.

25The information to be reported in an 805 report shall include the
26name and license number of the licentiate involved, a description
27of the facts and circumstances of the medical disciplinary cause
28or reason, and any other relevant information deemed appropriate
29by the reporter.

30A supplemental report shall also be made within 30 days
31following the date the licentiate is deemed to have satisfied any
32terms, conditions, or sanctions imposed as disciplinary action by
33the reporting peer review body. In performing its dissemination
34functions required by Section 805.5, the agency shall include a
35copy of a supplemental report, if any, whenever it furnishes a copy
36of the original 805 report.

37If another peer review body is required to file an 805 report, a
38health care service plan is not required to file a separate report
39with respect to action attributable to the same medical disciplinary
40cause or reason. If the Medical Board of California or a licensing
P25   1agency of another state revokes or suspends, without a stay, the
2license of a physician and surgeon, a peer review body is not
3required to file an 805 report when it takes an action as a result of
4the revocation or suspension.begin insert If the California Board of Podiatric
5Medicine or a licensing agency of another state revokes or
6suspends, without a stay, the license of a doctor of podiatric
7medicine, a peer review body is not required to file an 805 report
8when it takes an action as a result of the revocation or suspension.end insert

9(g) The reporting required by this section shall not act as a
10waiver of confidentiality of medical records and committee reports.
11The information reported or disclosed shall be kept confidential
12except as provided in subdivision (c) of Section 800 and Sections
13803.1 and 2027, provided that a copy of the report containing the
14information required by this section may be disclosed as required
15by Section 805.5 with respect to reports received on or after
16January 1, 1976.

17(h) The Medical Board of California,begin insert the California Board of
18Podiatric Medicine,end insert
the Osteopathic Medical Board of California,
19and the Dental Board of California shall disclose reports as required
20by Section 805.5.

21(i) An 805 report shall be maintained electronically by an agency
22for dissemination purposes for a period of three years after receipt.

23(j) No person shall incur any civil or criminal liability as the
24result of making any report required by this section.

25(k) A willful failure to file an 805 report by any person who is
26designated or otherwise required by law to file an 805 report is
27punishable by a fine not to exceed one hundred thousand dollars
28($100,000) per violation. The fine may be imposed in any civil or
29administrative action or proceeding brought by or on behalf of any
30agency having regulatory jurisdiction over the person regarding
31whom the report was or should have been filed. If the person who
32is designated or otherwise required to file an 805 report is a
33licensed physician and surgeon, the action or proceeding shall be
34brought by the Medical Board of California.begin insert If the person who is
35designated or otherwise required to file an 805 report is a licensed
36doctor of podiatric medicine, the action or proceeding shall be
37brought by the California Board of Podiatric Medicine.end insert
The fine
38shall be paid to that agency but not expended until appropriated
39by the Legislature. A violation of this subdivision may constitute
40unprofessional conduct by the licentiate. A person who is alleged
P26   1to have violated this subdivision may assert any defense available
2at law. As used in this subdivision, “willful” means a voluntary
3and intentional violation of a known legal duty.

4(l) Except as otherwise provided in subdivision (k), any failure
5by the administrator of any peer review body, the chief executive
6officer or administrator of any health care facility, or any person
7who is designated or otherwise required by law to file an 805
8report, shall be punishable by a fine that under no circumstances
9shall exceed fifty thousand dollars ($50,000) per violation. The
10fine may be imposed in any civil or administrative action or
11proceeding brought by or on behalf of any agency having
12regulatory jurisdiction over the person regarding whom the report
13was or should have been filed. If the person who is designated or
14otherwise required to file an 805 report is a licensed physician and
15surgeon, the action or proceeding shall be brought by the Medical
16Board of California.begin insert If the person who is designated or otherwise
17required to file an 805 report is a licensed doctor of podiatric
18medicine, the action or proceeding shall be brought by the
19California Board of Podiatric Medicine.end insert
The fine shall be paid to
20that agency but not expended until appropriated by the Legislature.
21The amount of the fine imposed, not exceeding fifty thousand
22dollars ($50,000) per violation, shall be proportional to the severity
23of the failure to report and shall differ based upon written findings,
24including whether the failure to file caused harm to a patient or
25created a risk to patient safety; whether the administrator of any
26peer review body, the chief executive officer or administrator of
27any health care facility, or any person who is designated or
28otherwise required by law to file an 805 report exercised due
29diligence despite the failure to file or whether they knew or should
30have known that an 805 report would not be filed; and whether
31there has been a prior failure to file an 805 report. The amount of
32the fine imposed may also differ based on whether a health care
33facility is a small or rural hospital as defined in Section 124840
34of the Health and Safety Code.

35(m) A health care service plan licensed under Chapter 2.2
36(commencing with Section 1340) of Division 2 of the Health and
37 Safety Code or a disability insurer that negotiates and enters into
38a contract with licentiates to provide services at alternative rates
39of payment pursuant to Section 10133 of the Insurance Code, when
40determining participation with the plan or insurer, shall evaluate,
P27   1on a case-by-case basis, licentiates who are the subject of an 805
2report, and not automatically exclude or deselect these licentiates.

3begin insert

begin insertSEC. 10.end insert  

end insert

begin insertSection 805.1 of the end insertbegin insertBusiness and Professions Codeend insert
4
begin insert is amended to read:end insert

5

805.1.  

(a) The Medical Board of California,begin insert the California
6Board of Podiatric Medicine,end insert
the Osteopathic Medical Board of
7California, and the Dental Board of California shall be entitled to
8inspect and copy the following documents in the record of any
9disciplinary proceeding resulting in action that is required to be
10reported pursuant to Section 805:

11(1) Any statement of charges.

12(2) Any document, medical chart, or exhibits in evidence.

13(3) Any opinion, findings, or conclusions.

14(4) Any certified copy of medical records, as permitted by other
15applicable law.

16(b) The information so disclosed shall be kept confidential and
17not subject to discovery, in accordance with Section 800, except
18that it may be reviewed, as provided in subdivision (c) of Section
19800, and may be disclosed in any subsequent disciplinary hearing
20conducted pursuant to the Administrative Procedure Act (Chapter
215 (commencing with Section 11500) of Part 1 of Division 3 of
22Title 2 of the Government Code).

23begin insert

begin insertSEC. 11.end insert  

end insert

begin insertSection 805.5 of the end insertbegin insertBusiness and Professions Codeend insert
24
begin insert is amended to read:end insert

25

805.5.  

(a) Prior to granting or renewing staff privileges for
26any physician and surgeon, psychologist, podiatrist, or dentist, any
27health facility licensed pursuant to Division 2 (commencing with
28Section 1200) of the Health and Safety Code, any health care
29service plan or medical care foundation, the medical staff of the
30institution, a facility certified to participate in the federal Medicare
31Program as an ambulatory surgical center, or an outpatient setting
32accredited pursuant to Section 1248.1 of the Health and Safety
33Code shall request a report from the Medical Board of California,
34the Board of Psychology,begin insert the Cagifornia Board of Podiatric
35Medicine,end insert
the Osteopathic Medical Board of California, or the
36Dental Board of California to determine if any report has been
37made pursuant to Section 805 indicating that the applying physician
38and surgeon, psychologist, podiatrist, or dentist has been denied
39staff privileges, been removed from a medical staff, or had his or
40her staff privileges restricted as provided in Section 805. The
P28   1request shall include the name and California license number of
2the physician and surgeon, psychologist, podiatrist, or dentist.
3Furnishing of a copy of the 805 report shall not cause the 805
4report to be a public record.

5(b) Upon a request made by, or on behalf of, an institution
6described in subdivision (a) or its medical staff the board shall
7furnish a copy of any report made pursuant to Section 805 as well
8as any additional exculpatory or explanatory information submitted
9electronically to the board by the licensee pursuant to subdivision
10(f) of that section. However, the board shall not send a copy of a
11report (1) if the denial, removal, or restriction was imposed solely
12because of the failure to complete medical records, (2) if the board
13has found the information reported is without merit, (3) if a court
14finds, in a final judgment, that the peer review, as defined in
15Section 805, resulting in the report was conducted in bad faith and
16the licensee who is the subject of the report notifies the board of
17that finding, or (4) if a period of three years has elapsed since the
18report was submitted. This three-year period shall be tolled during
19any period the licentiate has obtained a judicial order precluding
20disclosure of the report, unless the board is finally and permanently
21precluded by judicial order from disclosing the report. If a request
22is received by the board while the board is subject to a judicial
23order limiting or precluding disclosure, the board shall provide a
24disclosure to any qualified requesting party as soon as practicable
25after the judicial order is no longer in force.

26If the board fails to advise the institution within 30 working days
27following its request for a report required by this section, the
28institution may grant or renew staff privileges for the physician
29and surgeon, psychologist, podiatrist, or dentist.

30(c) Any institution described in subdivision (a) or its medical
31staff that violates subdivision (a) is guilty of a misdemeanor and
32shall be punished by a fine of not less than two hundred dollars
33($200) nor more than one thousand two hundred dollars ($1,200).

34begin insert

begin insertSEC. 12.end insert  

end insert

begin insertSection 805.6 of the end insertbegin insertBusiness and Professions Codeend insert
35
begin insert is amended to read:end insert

36

805.6.  

(a) The Medical Board of California,begin insert the California
37Board of Podiatric Medicine,end insert
the Osteopathic Medical Board, and
38the Dental Board of California shall establish a system of electronic
39notification that is either initiated by the board or can be accessed
40by qualified subscribers, and that is designed to achieve early
P29   1notification to qualified recipients of the existence of new reports
2that are filed pursuant to Section 805.

3(b) The State Department of Health Services shall notify the
4appropriate licensing agency of any reporting violations pursuant
5to Section 805.

6(c) The Department of Managed Health Care shall notify the
7appropriate licensing agency of any reporting violations pursuant
8to Section 805.

9begin insert

begin insertSEC. 13.end insert  

end insert

begin insertSection 810 of the end insertbegin insertBusiness and Professions Codeend insertbegin insert is
10amended to read:end insert

11

810.  

(a) It shall constitute unprofessional conduct and grounds
12for disciplinary action, including suspension or revocation of a
13license or certificate, for a health care professional to do any of
14the following in connection with his or her professional activities:

15(1) Knowingly present or cause to be presented any false or
16fraudulent claim for the payment of a loss under a contract of
17insurance.

18(2) Knowingly prepare, make, or subscribe any writing, with
19intent to present or use the same, or to allow it to be presented or
20used in support of any false or fraudulent claim.

21(b) It shall constitute cause for revocation or suspension of a
22license or certificate for a health care professional to engage in
23any conduct prohibited under Section 1871.4 of the Insurance Code
24or Section 549 or 550 of the Penal Code.

25(c) (1) It shall constitute cause for automatic suspension of a
26license or certificate issued pursuant tobegin insert Chapter 3.5 (commencing
27with Section 1460),end insert
Chapter 4 (commencing with Section 1600),
28Chapter 5 (commencing with Section 2000), Chapter 6.6
29(commencing with Section 2900), Chapter 7 (commencing with
30Section 3000), or Chapter 9 (commencing with Section 4000), or
31pursuant to the Chiropractic Act or the Osteopathic Act, if a
32licensee or certificate holder has been convicted of any felony
33involving fraud committed by the licensee or certificate holder in
34conjunction with providing benefits covered by worker’s
35 compensation insurance, or has been convicted of any felony
36involving Medi-Cal fraud committed by the licensee or certificate
37holder in conjunction with the Medi-Cal program, including the
38Denti-Cal element of the Medi-Cal program, pursuant to Chapter
397 (commencing with Section 14000), or Chapter 8 (commencing
40with Section 14200), of Part 3 of Division 9 of the Welfare and
P30   1Institutions Code. The board shall convene a disciplinary hearing
2to determine whether or not the license or certificate shall be
3suspended, revoked, or some other disposition shall be considered,
4including, but not limited to, revocation with the opportunity to
5petition for reinstatement, suspension, or other limitations on the
6license or certificate as the board deems appropriate.

7(2) It shall constitute cause for automatic suspension and for
8revocation of a license or certificate issued pursuant tobegin insert Chapter
93.5 (commencing with Section 1460),end insert
Chapter 4 (commencing with
10Section 1600), Chapter 5 (commencing with Section 2000), Chapter
116.6 (commencing with Section 2900), Chapter 7 (commencing
12with Section 3000), or Chapter 9 (commencing with Section 4000),
13or pursuant to the Chiropractic Act or the Osteopathic Act, if a
14licensee or certificate holder has more than one conviction of any
15felony arising out of separate prosecutions involving fraud
16committed by the licensee or certificate holder in conjunction with
17providing benefits covered by worker’s compensation insurance,
18or in conjunction with the Medi-Cal program, including the
19Denti-Cal element of the Medi-Cal program pursuant to Chapter
207 (commencing with Section 14000), or Chapter 8 (commencing
21with Section 14200), of Part 3 of Division 9 of the Welfare and
22Institutions Code. The board shall convene a disciplinary hearing
23to revoke the license or certificate and an order of revocation shall
24be issued unless the board finds mitigating circumstances to order
25some other disposition.

26(3) It is the intent of the Legislature that paragraph (2) apply to
27a licensee or certificate holder who has one or more convictions
28prior to January 1, 2004, as provided in this subdivision.

29(4) Nothing in this subdivision shall preclude a board from
30suspending or revoking a license or certificate pursuant to any
31other provision of law.

32(5) “Board,” as used in this subdivision, means the Dental Board
33of California, the Medical Board of California,begin insert the California
34Board of Podiatric Medicine,end insert
the Board of Psychology, the State
35Board of Optometry, the California State Board of Pharmacy, the
36Osteopathic Medical Board of California, and the State Board of
37Chiropractic Examiners.

38(6) “More than one conviction,” as used in this subdivision,
39means that the licensee or certificate holder has one or more
40convictions prior to January 1, 2004, and at least one conviction
P31   1on or after that date, or the licensee or certificate holder has two
2or more convictions on or after January 1, 2004. However, a
3licensee or certificate holder who has one or more convictions
4prior to January 1, 2004, but who has no convictions and is
5currently licensed or holds a certificate after that date, does not
6have “more than one conviction” for the purposes of this
7subdivision.

8(d) As used in this section, health care professional means any
9person licensed or certified pursuant to this division, or licensed
10pursuant to the Osteopathic Initiative Act, or the Chiropractic
11Initiative Act.

12begin insert

begin insertSEC. 14.end insert  

end insert

begin insertChapter 3.5 (commencing with Section 1460) is added
13to Division 2 of the end insert
begin insertBusiness and Professions Codeend insertbegin insert, to read:end insert

begin insert

14 

15Chapter  begin insert3.5.end insert Podiatric Medicine
16

 

17

begin insert1460.end insert  

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

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

25

begin insert1460.1.end insert  

Protection of the public shall be the highest priority
26for the California Board of Podiatric Medicine in exercising its
27licensing, regulatory, and disciplinary functions. Whenever the
28protection of the public is inconsistent with other interests sought
29to be promoted, the protection of the public shall be paramount.

30

begin insert1461.end insert  

As used in this chapter:

31
(a) “Board” means the California Board of Podiatric Medicine.

32
(b) “Podiatric licensing authority” refers to any officer, board,
33commission, committee, or department of another state that may
34issue a license to practice podiatric medicine.

35

begin insert1462.end insert  

The board shall consist of seven members, three of whom
36shall be public members. Not more than one member of the board
37shall be a full-time faculty member of a college or school of
38podiatric medicine.

39
The Governor shall appoint the four members qualified as
40provided in Section 2463 and one public member. The Senate Rules
P32   1Committee and the Speaker of the Assembly shall each appoint a
2public member.

3

begin insert1463.end insert  

Each member of the board, except the public members,
4shall be appointed from persons having all of the following
5qualifications:

6
(a) Be a citizen of this state for at least five years next preceding
7his or her appointment.

8
(b) Be a graduate of a recognized school or college of podiatric
9medicine.

10
(c) Have a valid certificate to practice podiatric medicine in
11this state.

12
(d) Have engaged in the practice of podiatric medicine in this
13state for at least five years next preceding his or her appointment.

14

begin insert1464.end insert  

The public members shall be appointed from persons
15having all of the following qualifications:

16
(a) Be a citizen of this state for at least five years next preceding
17his or her appointment.

18
(b) Shall not be an officer or faculty member of any college,
19school, or other institution engaged in podiatric medical
20instruction.

21
(c) Shall not be a licentiate of the board or of any board under
22this division or of any board created by an initiative act under this
23division.

24

begin insert1465.end insert  

No person who directly or indirectly owns any interest
25in any college, school, or other institution engaged in podiatric
26medical instruction shall be appointed to the board nor shall any
27incumbent member of the board have or acquire any interest, direct
28or indirect, in any such college, school, or institution.

29

begin insert1466.end insert  

All members of the board shall be appointed for terms
30of four years. Vacancies shall immediately be filled by the
31appointing power for the unexpired portion of the terms in which
32they occur. No person shall serve as a member of the board for
33more than two consecutive terms.

34

begin insert1467.end insert  

(a) The board may convene from time to time as it deems
35necessary.

36
(b) Four members of the board constitute a quorum for the
37transaction of business at any meeting.

38
(c) It shall require the affirmative vote of a majority of those
39members present at a meeting, those members constituting at least
40a quorum, to pass any motion, resolution, or measure.

P33   1
(d) The board shall annually elect one of its members to act as
2president and a member to act as vice president who shall hold
3their respective positions at the pleasure of the board. The
4president may call meetings of the board and any duly appointed
5committee at a specified time and place.

6

begin insert1468.end insert  

Notice of each meeting of the board shall be given in
7accordance with the Bagley-Keene Open Meeting Act (Article 9
8(commencing with Section 11120) of Chapter 1 of Part 1 of
9Division 3 of Title 2 of the Government Code).

10

begin insert1469.end insert  

Each member of the board shall receive per diem and
11expenses as provided in Section 2016.

12

begin insert1470.end insert  

The board may adopt, amend, or repeal, in accordance
13with the provisions of the Administrative Procedure Act (Chapter
143.5 (commencing with Section 11340) of Part 1 of Division 1 of
15Title 2 of the Government Code), regulations necessary to enable
16the board to carry into effect the provisions of law relating to the
17practice of podiatric medicine.

18

begin insert1471.end insert  

Except as provided by Section 159.5, the board may
19employ, within the limits of the funds received by the board, all
20personnel necessary to carry out this chapter and the provisions
21of Chapter 5 (commencing with Section 2000) relating to podiatric
22medicine.

23

begin insert1472.end insert  

(a) The certificate to practice podiatric medicine
24authorizes the holder to practice podiatric medicine.

25
(b) As used in this chapter, “podiatric medicine” means the
26diagnosis, medical, surgical, mechanical, manipulative, and
27electrical treatment of the human foot, including the ankle and
28tendons that insert into the foot and the nonsurgical treatment of
29the muscles and tendons of the leg governing the functions of the
30foot.

31
(c) A doctor of podiatric medicine shall not administer an
32anesthetic other than local. If an anesthetic other than local is
33required for any procedure, the anesthetic shall be administered
34by another licensed health care practitioner who is authorized to
35administer the required anesthetic within the scope of his or her
36practice.

37
(d) (1) A doctor of podiatric medicine may do the following:

38
(A) Perform surgical treatment of the ankle and tendons at the
39level of the ankle pursuant to subdivision (e).

P34   1
(B) Perform services under the direct supervision of a physician
2and surgeon, as an assistant at surgery, in surgical procedures
3that are otherwise beyond the scope of practice of a doctor of
4podiatric medicine.

5
(C) Perform a partial amputation of the foot no further proximal
6than the Chopart’s joint.

7
(2) Nothing in this subdivision shall be construed to permit a
8doctor of podiatric medicine to function as a primary surgeon for
9any procedure beyond his or her scope of practice.

10
(e) A doctor of podiatric medicine may perform surgical
11treatment of the ankle and tendons at the level of the ankle only
12in the following locations:

13
(1) A licensed general acute care hospital, as defined in Section
141250 of the Health and Safety Code.

15
(2) A licensed surgical clinic, as defined in Section 1204 of the
16Health and Safety Code, if the doctor of podiatric medicine has
17surgical privileges, including the privilege to perform surgery on
18the ankle, in a general acute care hospital described in paragraph
19(1) and meets all the protocols of the surgical clinic.

20
(3) An ambulatory surgical center that is certified to participate
21in the Medicare program under Title XVIII (42 U.S.C. Sec. 1395
22et seq.) of the federal Social Security Act, if the doctor of podiatric
23medicine has surgical privileges, including the privilege to perform
24surgery on the ankle, in a general acute care hospital described
25in paragraph (1) and meets all the protocols of the surgical center.

26
(4) A freestanding physical plant housing outpatient services
27of a licensed general acute care hospital, as defined in Section
281250 of the Health and Safety Code, if the doctor of podiatric
29medicine has surgical privileges, including the privilege to perform
30surgery on the ankle, in a general acute care hospital described
31in paragraph (1). For purposes of this section, a “freestanding
32physical plant” means any building that is not physically attached
33to a building where inpatient services are provided.

34
(5) An outpatient setting accredited pursuant to subdivision (g)
35of Section 1248.1 of the Health and Safety Code.

36

begin insert1474.end insert  

Any person who uses in any sign or in any advertisement
37or otherwise, the word or words “doctor of podiatric medicine,”
38“doctor of podiatry,” “podiatric doctor,” “D.P.M.,” “podiatrist,”
39“foot specialist,” or any other term or terms or any letters
40indicating or implying that he or she is a doctor of podiatric
P35   1medicine, or that he or she practices podiatric medicine, or holds
2himself out as practicing podiatric medicine or foot correction as
3defined in Section 1472, without having at the time of so doing a
4valid, unrevoked, and unsuspended certificate as provided for in
5this chapter or Chapter 5 (commencing with Section 2000), is
6guilty of a misdemeanor.

7

begin insert2475.end insert  

Unless otherwise provided by law, no postgraduate
8trainee, intern, resident postdoctoral fellow, or instructor may
9engage in the practice of podiatric medicine, or receive
10compensation therefor, or offer to engage in the practice of
11podiatric medicine unless he or she holds a valid, unrevoked, and
12unsuspended certificate to practice podiatric medicine issued by
13the board. However, a graduate of an approved college or school
14of podiatric medicine upon whom the degree doctor of podiatric
15medicine has been conferred, who is issued a resident’s license,
16which may be renewed annually for up to eight years for this
17purpose by the board, and who is enrolled in a postgraduate
18training program approved by the board, may engage in the
19practice of podiatric medicine whenever and wherever required
20as a part of that program and may receive compensation for that
21practice under the following conditions:

22
(a) A graduate with a resident’s license in an approved
23internship, residency, or fellowship program may participate in
24training rotations outside the scope of podiatric medicine, under
25the supervision of a physician and surgeon who holds a medical
26doctor or doctor of osteopathy degree wherever and whenever
27required as a part of the training program, and may receive
28compensation for that practice. If the graduate fails to receive a
29license to practice podiatric medicine under this chapter within
30three years from the commencement of the postgraduate training,
31all privileges and exemptions under this section shall automatically
32cease.

33
(b)  Hospitals functioning as a part of the teaching program of
34an approved college or school of podiatric medicine in this state
35may exchange instructors or resident or assistant resident doctors
36of podiatric medicine with another approved college or school of
37podiatric medicine not located in this state, or those hospitals may
38appoint a graduate of an approved school as such a resident for
39purposes of postgraduate training. Those instructors and residents
40may practice and be compensated as provided in this section, but
P36   1that practice and compensation shall be for a period not to exceed
2two years.

3

begin insert1475.1.end insert  

Before a resident’s license may be issued, each
4applicant shall show by evidence satisfactory to the board,
5submitted directly to the board by the national score reporting
6institution, that he or she has, within the past 10 years, passed
7Parts I and II of the examination administered by the National
8Board of Podiatric Medical Examiners of the United States or has
9passed a written examination that is recognized by the board to
10be the equivalent in content to the examination administered by
11the National Board of Podiatric Medical Examiners of the United
12States.

13

begin insert1475.2.end insert  

As used in this chapter, “podiatric residency” means
14a program of supervised postgraduate clinical training, one year
15or more in duration, approved by the board.

16

begin insert1475.3.end insert  

(a) The board shall approve podiatric residency
17programs, as defined in Section 1475.2, in the field of podiatric
18medicine, for persons who are applicants for or have been issued
19a certificate to practice podiatric medicine pursuant to this article.

20
(b) The board may only approve a podiatric residency that it
21determines meets all of the following requirements:

22
(1) Reasonably conforms with the Accreditation Council for
23Graduate Medical Education’s Institutional Requirements of the
24Essentials of Accredited Residencies in Graduate Medical
25Education: Institutional and Program Requirements.

26
(2) Is approved by the Council on Podiatric Medical Education.

27
(3) Complies with the requirements of this state.

28

begin insert1476.end insert  

Nothing in this chapter or Chapter 5 (commencing with
29Section 2000) shall be construed to prevent a regularly
30matriculated student undertaking a course of professional
31instruction in an approved college or school of podiatric medicine
32from participating in training beyond the scope of podiatric
33medicine under the supervision of a physician and surgeon who
34holds a medical doctor or doctor of osteopathy degree whenever
35and wherever prescribed as part of his or her course of study.

36

begin insert1477.end insert  

Nothing in this chapter prohibits the manufacture, the
37recommendation, or the sale of either corrective shoes or
38appliances for the human feet.

39

begin insert1479.end insert  

The board shall issue a certificate to practice podiatric
40medicine to each applicant who meets the requirements of this
P37   1chapter. Every applicant for a certificate to practice podiatric
2medicine shall comply with the provisions of Article 4 (commencing
3with Section 2080) of Chapter 5 which are not specifically
4applicable to applicants for a physician’s and surgeon’s certificate,
5in addition to the provisions of this chapter and Chapter 5
6(commencing with Section 2000).

7

begin insert1480.end insert  

The board shall have full authority to investigate and to
8evaluate each applicant applying for a certificate to practice
9podiatric medicine and to make a determination of the admission
10of the applicant to the examination and the issuance of a certificate
11in accordance with this chapter and Chapter 5 (commencing with
12Section 2000).

13

begin insert1481.end insert  

Each applicant who commenced professional instruction
14in podiatric medicine after September 1, 1959, shall show by an
15official transcript or other official evidence submitted directly to
16the board by the academic institution that he or she has completed
17two years of preprofessional postsecondary education, or its
18equivalent, including the subjects of chemistry, biology or other
19biological science, and physics or mathematics, before completing
20the resident course of professional instruction.

21

begin insert1483.end insert  

(a) Each applicant for a certificate to practice podiatric
22medicine shall show by an official transcript or other official
23evidence satisfactory to the board that is submitted directly to the
24board by the academic institution that he or she has successfully
25completed a medical curriculum extending over a period of at least
26four academic years, or 32 months of actual instruction, in a
27college or school of podiatric medicine approved by the board.
28The total number of hours of all courses shall consist of a minimum
29of 4,000 hours.

30
The board, by regulation, shall adopt standards for determining
31equivalent training authorized by this section.

32
(b) The curriculum for all applicants shall provide for adequate
33instruction related to podiatric medicine in the following:

34
(1) Alcoholism and other chemical substance detection

35
(2) Local anesthesia

36
(3) Anatomy, including embryology, histology, and
37neuroanatomy

38
(4) Behavioral science

39
(5) Biochemistry

40
(6) Biomechanics-foot and ankle

P38   1
(7) Child abuse detection

2
(8) Dermatology

3
(9) Geriatric medicine

4
(10) Human sexuality

5
(11) Infectious diseases

6
(12) Medical ethics

7
(13) Neurology

8
(14) Orthopedic surgery

9
(15) Pathology, microbiology, and immunology

10
(16) Pediatrics

11
(17) Pharmacology, including materia medica and toxicology

12
(18) Physical and laboratory diagnosis

13
(19) Physical medicine

14
(20) Physiology

15
(21) Podiatric medicine

16
(22) Podiatric surgery

17
(23) Preventive medicine, including nutrition

18
(24) Psychiatric problem detection

19
(25) Radiology and radiation safety

20
(26) Spousal or partner abuse detection

21
(27) Therapeutics

22
(28) Women’s health

23

begin insert1484.end insert  

In addition to any other requirements of this chapter or
24Chapter 5 (commencing with Section 2000), before a certificate
25to practice podiatric medicine may be issued, each applicant shall
26show by evidence satisfactory to the board, submitted directly to
27the board by the sponsoring institution, that he or she has
28satisfactorily completed at least two years of postgraduate
29podiatric medical and podiatric surgical training in a general
30acute care hospital approved by the Council on Podiatric Medical
31Education.

32

begin insert1486.end insert  

The board shall issue a certificate to practice podiatric
33medicine if the applicant has submitted directly to the board from
34the credentialing organizations verification that he or she meets
35all of the following requirements:

36
(a) The applicant has graduated from an approved school or
37college of podiatric medicine and meets the requirements of Section
382483.

39
(b) The applicant, within the past 10 years, has passed parts I,
40II, and III of the examination administered by the National Board
P39   1of Podiatric Medical Examiners of the United States or has passed
2a written examination that is recognized by the board to be the
3equivalent in content to the examination administered by the
4National Board of Podiatric Medical Examiners of the United
5States.

6
(c) The applicant has satisfactorily completed the postgraduate
7training required by Section 2484.

8
(d) The applicant has passed within the past 10 years any oral
9and practical examination that may be required of all applicants
10by the board to ascertain clinical competence.

11
(e) The applicant has committed no acts or crimes constituting
12grounds for denial of a certificate under Division 1.5 (commencing
13with Section 475).

14
(f) The board determines that no disciplinary action has been
15taken against the applicant by any podiatric licensing authority
16and that the applicant has not been the subject of adverse
17judgments or settlements resulting from the practice of podiatric
18medicine that the board determines constitutes evidence of a
19 pattern of negligence or incompetence.

20
(g) A disciplinary databank report regarding the applicant is
21received by the board from the Federation of Podiatric Medical
22Boards.

23

begin insert1488.end insert  

Notwithstanding any other law, the board shall issue a
24certificate to practice podiatric medicine by credentialing if the
25applicant has submitted directly to the board from the credentialing
26organizations verification that he or she is licensed as a doctor of
27podiatric medicine in any other state and meets all of the following
28requirements:

29
(a) The applicant has graduated from an approved school or
30college of podiatric medicine.

31
(b) The applicant, within the past 10 years, has passed either
32part III of the examination administered by the National Board of
33Podiatric Medical Examiners of the United States or a written
34examination that is recognized by the board to be the equivalent
35in content to the examination administered by the National Board
36of Podiatric Medical Examiners of the United States.

37
(c) The applicant has satisfactorily completed a postgraduate
38training program approved by the Council on Podiatric Medical
39Education.

P40   1
(d) The applicant, within the past 10 years, has passed any oral
2and practical examination that may be required of all applicants
3by the board to ascertain clinical competence.

4
(e) The applicant has committed no acts or crimes constituting
5grounds for denial of a certificate under Division 1.5 (commencing
6with Section 475).

7
(f) The board determines that no disciplinary action has been
8taken against the applicant by any podiatric licensing authority
9and that the applicant has not been the subject of adverse
10judgments or settlements resulting from the practice of podiatric
11medicine that the board determines constitutes evidence of a
12pattern of negligence or incompetence.

13
(g) A disciplinary databank report regarding the applicant is
14received by the board from the Federation of Podiatric Medical
15Boards.

16

begin insert1492.end insert  

(a) The board shall examine every applicant for a
17certificate to practice podiatric medicine to ensure a minimum of
18entry-level competence at the time and place designated by the
19board in its discretion, but at least twice a year.

20
(b) Unless the applicant meets the requirements of Section 1486,
21applicants shall be required to have taken and passed the
22examination administered by the National Board of Podiatric
23Medical Examiners.

24
(c) The board may appoint qualified persons to give the whole
25or any portion of any examination as provided in this article, who
26shall be designated as examination commissioners. The board may
27fix the compensation of those persons subject to the provisions of
28applicable state laws and regulations.

29
(d) The provisions of Article 9 (commencing with Section 2170)
30of Chapter 5 shall apply to examinations administered by the board
31except where those provisions are in conflict with or inconsistent
32with the provisions of this chapter.

33

begin insert1493.end insert  

An applicant for a certificate to practice podiatric
34medicine shall pass an examination in the subjects required by
35Section 1483 in order to ensure a minimum of entry-level
36competence.

37

begin insert1495.end insert  

Notwithstanding any other provision of this chapter, the
38board may delegate to officials of the board the authority to
39approve the admission of applicants to the examination and to
40approve the issuance of certificates to practice podiatric medicine
P41   1to applicants who have met the specific requirements therefor in
2routine cases where applicants clearly meet the requirements of
3this chapter.

4

begin insert1496.end insert  

In order to ensure the continuing competence of persons
5licensed to practice podiatric medicine, the board shall adopt and
6administer regulations requiring continuing education of those
7licensees. The board shall require those licensees to demonstrate
8satisfaction of the continuing education requirements and one of
9the following requirements at each license renewal:

10
(a) Passage of an examination administered by the board within
11the past 10 years.

12
(b) Passage of an examination administered by an approved
13specialty certifying board within the past 10 years.

14
(c) Current diplomate, board-eligible, or board-qualified status
15granted by an approved specialty certifying board within the past
1610 years.

17
(d) Recertification of current status by an approved specialty
18certifying board within the past 10 years.

19
(e) Successful completion of an approved residency or fellowship
20program within the past 10 years.

21
(f) Granting or renewal of current staff privileges within the
22past five years by a health care facility that is licensed, certified,
23accredited, conducted, maintained, operated, or otherwise
24approved by an agency of the federal or state government or an
25organization approved by the Medical Board of California.

26
(g) Successful completion within the past five years of an
27extended course of study approved by the board.

28
(h) Passage within the past 10 years of Part III of the
29examination administered by the National Board of Podiatric
30Medical Examiners.

31

begin insert1497.end insert  

(a) The board may order the denial of an application
32for, or the suspension of, or the revocation of, or the imposition
33of probationary conditions upon, a certificate to practice podiatric
34medicine for any of the causes set forth in Article 12 (commencing
35with Section 2220) of Chapter 5 in accordance with Section 2222.

36
(b) The board may hear all matters, including but not limited
37to, any contested case or may assign any such matters to an
38administrative law judge. The proceedings shall be held in
39accordance with Section 2230. If a contested case is heard by the
40board itself, the administrative law judge who presided at the
P42   1hearing shall be present during the board’s consideration of the
2case and shall assist and advise the board.

3

begin insert1497.5.end insert  

(a) The board may request the administrative law
4judge, under his or her proposed decision in resolution of a
5disciplinary proceeding before the board, to direct any licensee
6found guilty of unprofessional conduct to pay to the board a sum
7not to exceed the actual and reasonable costs of the investigation
8and prosecution of the case.

9
(b) The costs to be assessed shall be fixed by the administrative
10law judge and shall not be increased by the board unless the board
11does not adopt a proposed decision and in making its own decision
12finds grounds for increasing the costs to be assessed, not to exceed
13the actual and reasonable costs of the investigation and
14prosecution of the case.

15
(c) When the payment directed in the board’s order for payment
16of costs is not made by the licensee, the board may enforce the
17order for payment by bringing an action in any appropriate court.
18This right of enforcement shall be in addition to any other rights
19the board may have as to any licensee directed to pay costs.

20
(d) In any judicial action for the recovery of costs, proof of the
21board’s decision shall be conclusive proof of the validity of the
22order of payment and the terms for payment.

23
(e) (1) Except as provided in paragraph (2), the board shall
24not renew or reinstate the license of any licensee who has failed
25to pay all of the costs ordered under this section.

26
(2) Notwithstanding paragraph (1), the board may, in its
27discretion, conditionally renew or reinstate for a maximum of one
28year the license of any licensee who demonstrates financial
29hardship and who enters into a formal agreement with the board
30to reimburse the board within that one-year period for those unpaid
31costs.

32
(f) All costs recovered under this section shall be deposited in
33the Board of Podiatric Medicine Fund as a reimbursement in either
34the fiscal year in which the costs are actually recovered or the
35previous fiscal year, as the board may direct.

36

begin insert1498.end insert  

(a) The board shall have the responsibility for reviewing
37the quality of podiatric medical practice carried out by persons
38licensed to practice podiatric medicine.

39
(b) Each member of the board, or any licensed doctor of
40podiatric medicine appointed by the board, shall additionally have
P43   1the authority to inspect, or require reports from, a general or
2specialized hospital and the podiatric medical staff thereof, with
3respect to the podiatric medical care, services, or facilities
4provided therein, and may inspect podiatric medical patient
5records with respect to the care, services, or facilities. The
6authority to make inspections and to require reports as provided
7by this section shall not be delegated by a member of the board to
8any person other than a doctor of podiatric medicine and shall be
9subject to the restrictions against disclosure described in Section
102263.

11

begin insert1499.end insert  

There is in the State Treasury the Board of Podiatric
12Medicine Fund. Notwithstanding Section 2445, the board shall
13report to the Controller at the beginning of each calendar month
14for the month preceding the amount and source of all revenue
15received by the board, pursuant to this chapter, and shall pay the
16entire amount thereof to the Treasurer for deposit into the fund.
17All revenue received by the board from fees authorized to be
18charged relating to the practice of podiatric medicine shall be
19deposited in the fund as provided in this section, and shall be used
20to carry out this chapter or the provisions of Chapter 5
21(commencing with Section 2000) relating to the regulation of the
22practice of podiatric medicine.

23

begin insert1499.5.end insert  

The following fees apply to certificates to practice
24podiatric medicine. The amount of fees prescribed for doctors of
25podiatric medicine shall be those set forth in this section unless a
26lower fee is established by the board in accordance with Section
271499.6. Fees collected pursuant to this section shall be fixed by
28the board in amounts not to exceed the actual costs of providing
29the service for which the fee is collected.

30
(a) Each applicant for a certificate to practice podiatric
31medicine shall pay an application fee of twenty dollars ($20) at
32the time the application is filed. If the applicant qualifies for a
33certificate, he or she shall pay a fee which shall be fixed by the
34board at an amount not to exceed one hundred dollars ($100) nor
35less than five dollars ($5) for the issuance of the certificate.

36
(b) The oral examination fee shall be seven hundred dollars
37($700), or the actual cost, whichever is lower, and shall be paid
38by each applicant. If the applicant’s credentials are insufficient
39or if the applicant does not desire to take the examination, and
40has so notified the board 30 days prior to the examination date,
P44   1only the examination fee is returnable to the applicant. The board
2may charge an examination fee for any subsequent reexamination
3of the applicant.

4
(c) Each applicant who qualifies for a certificate, as a condition
5precedent to its issuance, in addition to other fees required by this
6section, shall pay an initial license fee. The initial license fee shall
7be eight hundred dollars ($800). The initial license shall expire
8the second year after its issuance on the last day of the month of
9birth of the licensee. The board may reduce the initial license fee
10by up to 50 percent of the amount of the fee for any applicant who
11is enrolled in a postgraduate training program approved by the
12board or who has completed a postgraduate training program
13approved by the board within six months prior to the payment of
14the initial license fee.

15
(d) The biennial renewal fee shall be nine hundred dollars
16($900). Any licensee enrolled in an approved residency program
17shall be required to pay only 50 percent of the biennial renewal
18fee at the time of his or her first renewal.

19
(e) The delinquency fee is one hundred fifty dollars ($150).

20
(f) The duplicate wall certificate fee is forty dollars ($40).

21
(g) The duplicate renewal receipt fee is forty dollars ($40).

22
(h) The endorsement fee is thirty dollars ($30).

23
(i) The letter of good standing fee or for loan deferment is thirty
24dollars ($30).

25
(j) There shall be a fee of sixty dollars ($60) for the issuance of
26a resident’s license under Section 1475.

27
(k) The application fee for ankle certification under Section
281472 for persons licensed prior to January 1, 1984, shall be fifty
29dollars ($50). The examination and reexamination fee for this
30certification shall be seven hundred dollars ($700).

31
(l) The filing fee to appeal the failure of an oral examination
32shall be twenty-five dollars ($25).

33
(m) The fee for approval of a continuing education course or
34program shall be one hundred dollars ($100).

35

begin insert1499.6.end insert  

The fees in this chapter shall be fixed by the board in
36accordance with Section 313.1.

37

begin insert1499.7.end insert  

(a) Certificates to practice podiatric medicine shall
38expire at 12 midnight on the last day of the birth month of the
39licensee during the second year of a two-year term.

P45   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 insert1499.8.end insert  

Any licensee who demonstrates to the satisfaction of
6the board that he or she is unable to practice podiatric medicine
7due to a disability may request a waiver of the license renewal fee.
8The granting of a waiver shall be at the discretion of the board
9and may be terminated at any time. Waivers shall be based on the
10inability of a licensee to practice podiatric medicine. A licensee
11whose renewal fee has been waived pursuant to this section shall
12not engage in the practice of podiatric medicine unless and until
13the licensee pays the current renewal fee and does either of the
14following:

15
(a) Establishes to the satisfaction of the board, on a form
16prescribed by the board and signed under penalty of perjury, that
17the licensee’s disability either no longer exists or does not affect
18his or her ability to practice podiatric medicine safely.

19
(b) Signs an agreement on a form prescribed by the board,
20signed under penalty of perjury, in which the licensee agrees to
21limit his or her practice in the manner prescribed by the reviewing
22physician.

end insert
23begin insert

begin insertSEC. 15.end insert  

end insert

begin insertSection 2052.5 of the end insertbegin insertBusiness and Professions Codeend insert
24
begin insert is amended to read:end insert

25

2052.5.  

(a) The proposed registration program developed
26pursuant to subdivision (b) shall provide that, for purposes of the
27proposed registration program:

28(1) A physician and surgeon practices medicine in this state
29across state lines when that person is located outside of this state
30but, through the use of any medium, including an electronic
31medium, practices or attempts to practice, or advertises or holds
32himself or herself out as practicing, any system or mode of treating
33the sick or afflicted in this state, or diagnoses, treats, operates for,
34or prescribes for any ailment, blemish, deformity, disease,
35disfigurement, disorder, injury, or other physical or mental
36condition of any person in this state.

37(2) A doctor of podiatric medicine practices podiatric medicine
38in this state across state lines when that person is located outside
39of this state but, through the use of any medium, including an
P46   1electronic medium, practices or attempts to practice podiatric
2medicine, as defined in Sectionbegin delete 2472,end deletebegin insert 1472,end insert in this state.

3(3) The proposed registration program shall not apply to any
4consultation described in Section 2060.

5(b) The board may, at its discretion, develop a proposed
6registration program to permit a physician and surgeon, or a doctor
7of podiatric medicine, located outside this state to register with
8the board to practice medicine or podiatric medicine in this state
9across state lines.

10(1) The proposed registration program shall include proposed
11requirements for registration, including, but not limited to, licensure
12in the state or country where the physician and surgeon, or the
13doctor of podiatric medicine, resides, and education and training
14requirements.

15(2) The proposed registration program may also include all of
16the following: (A) standards for confidentiality, format, and
17retention of medical records, (B) access to medical records by the
18board, (C) registration fees, renewal fees, delinquency fees, and
19replacement document fees in an amount not to exceed the actual
20cost of administering the registration program, and (D) provisions
21ensuring that enforcement and consumer education shall be integral
22parts of administering the registration program.

23(3) The proposed registration program may also provide all of
24the following:

25(A) All laws, rules, and regulations that govern the practice of
26medicine or podiatric medicine in this state, including, but not
27limited to, confidentiality and reporting requirements, shall apply
28to a physician and surgeon, or a doctor of podiatric medicine, who
29is registered by the board to practice medicine or podiatric medicine
30in this state across state lines.

31(B) The board may deny an application for registration or may
32suspend, revoke, or otherwise discipline a registrant for any of the
33following: (i) on any ground prescribed by this chapter, (ii) failure
34to possess or to maintain a valid license in the state where the
35registrant resides, or (iii) if the applicant or registrant is not licensed
36by the state or country in which he or she resides, and that state or
37country prohibits the practice of medicine or podiatric medicine
38from that state or country into any other state or country without
39a valid registration or license issued by the state or country in
40which the applicant or registrant practices. Action to deny or
P47   1discipline a registrant shall be taken in the manner provided for in
2this chapter.

3(C) Any of the following shall be grounds for discipline of a
4registrant: (i) to allow any person to engage in the practice of
5medicine or podiatric medicine in this state across state lines under
6his or her registration, including, but not limited to, any nurse,
7physician assistant, medical assistant, or other person, (ii) to fail
8to include his or her registration number on any invoice or other
9type of billing statement submitted for care or treatment provided
10to a patient located in this state, (iii) to practice medicine or
11podiatric medicine in any other state or country without meeting
12the legal requirements to practice medicine or podiatric medicine
13in that state or country, or (iv) to fail to notify the board, in a
14manner prescribed by the board, of any restrictions placed on his
15or her medical license, or podiatric medical license, in any state.

16(D) A registration issued pursuant to the registration program
17shall automatically be suspended upon receipt of a copy, from the
18state that issued the license, of the surrender, revocation,
19suspension, or other similar type of action taken by another state
20or country against a medical license, or podiatric medical license,
21issued to a registrant. The board shall notify the registrant in writing
22of the suspension and of the registrant’s right to a hearing.

23(4) Section 2314 shall not apply to the registration program.

24(c) This section shall not be construed to authorize the board to
25implement a registration program for physicians and surgeons or
26doctors of podiatric medicine located outside this state. This section
27is intended to authorize the board to develop a proposed registration
28program to be authorized for implementation by future legislation.

begin insert

29
(d) For purposes of this section, “board” refers to either the
30Medical Board of California or the California Board of Podiatric
31Medicine, as applicable.

end insert
32

begin deleteSEC. 2.end delete
33
begin insertSEC. 16.end insert  

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

35

2423.  

(a) Notwithstanding Section 2422:

36(1) All physician and surgeon’s certificates and certificates to
37practice midwifery shall expire at 12 midnight on the last day of
38the birth month of the licensee during the second year of a two-year
39term if not renewed.

P48   1(2) Registrations of dispensing opticians will expire at midnight
2on the last day of the month in which the license was issued during
3the second year of a two-year term if not renewed.

4(b) The board shall establish by regulation procedures for the
5administration of a birth date renewal program, including, but not
6limited to, the establishment of a system of staggered license
7expiration dates such that a relatively equal number of licenses
8expire monthly.

9(c) To renew an unexpired license, the licensee shall, on or
10before the dates on which it would otherwise expire, apply for
11renewal on a form prescribed by the licensing authority and pay
12the prescribed renewal fee.

13begin insert

begin insertSEC. 17.end insert  

end insert

begin insertArticle 22 (commencing with Section 2460) of Chapter
145 of Division 2 of the end insert
begin insertBusiness and Professions Codeend insertbegin insert is repealed.end insert

begin delete
15

SEC. 3.  

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

17

2460.  

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

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

25

SEC. 4.  

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

27

2461.  

As used in this article:

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

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

32

SEC. 5.  

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

34

2475.  

Unless otherwise provided by law, no postgraduate
35trainee, intern, resident postdoctoral fellow, or instructor may
36engage in the practice of podiatric medicine, or receive
37compensation therefor, or offer to engage in the practice of
38podiatric medicine unless he or she holds a valid, unrevoked, and
39unsuspended certificate to practice podiatric medicine issued by
40the board. However, a graduate of an approved college or school
P49   1of podiatric medicine upon whom the degree doctor of podiatric
2medicine has been conferred, who is issued a resident’s license,
3which may be renewed annually for up to eight years for this
4purpose by the board, and who is enrolled in a postgraduate training
5program approved by the board, may engage in the practice of
6podiatric medicine whenever and wherever required as a part of
7that program and may receive compensation for that practice under
8the following conditions:

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

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

30

SEC. 6.  

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

32

2479.  

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

39

SEC. 7.  

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

P50   1

2486.  

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

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

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

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

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

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

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

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

32

SEC. 8.  

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

34

2488.  

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

P51   1(a) The applicant has graduated from an approved school or
2college of podiatric medicine.

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

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

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

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

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

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

27

SEC. 9.  

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

29

2492.  

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

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

37(c) The board may appoint qualified persons to give the whole
38or any portion of any examination as provided in this article, who
39shall be designated as examination commissioners. The board may
P52   1fix the compensation of those persons subject to the provisions of
2applicable state laws and regulations.

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

7

SEC. 10.  

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

9

2499.  

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

20

SEC. 11.  

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

22

2499.7.  

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

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

end delete
29

begin deleteSEC. 12.end delete
30
begin insertSEC. 18.end insert  

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

32

2733.  

(a) (1) (A) Upon approval of an application filed
33pursuant to subdivision (b) of Section 2732.1, and upon the
34payment of the fee prescribed by subdivision (k) of Section 2815,
35the board may issue a temporary license to practice professional
36nursing, and a temporary certificate to practice as a certified public
37health nurse for a period of six months from the date of issuance.

38(B) Upon approval of an application filed pursuant to
39subdivision (b) of Section 2732.1, and upon the payment of the
40fee prescribed by subdivision (d) of Section 2838.2, the board may
P53   1issue a temporary certificate to practice as a certified clinical nurse
2specialist for a period of six months from the date of issuance.

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

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

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

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

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

30

begin deleteSEC. 13.end delete
31
begin insertSEC. 19.end insert  

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

33

2746.51.  

(a) Neither this chapter nor any other provision of
34law shall be construed to prohibit a certified nurse-midwife from
35furnishing or ordering drugs or devices, including controlled
36substances classified in Schedule II, III, IV, or V under the
37California Uniform Controlled Substances Act (Division 10
38(commencing with Section 11000) of the Health and Safety Code),
39when all of the following apply:

P54   1(1) The drugs or devices are furnished or ordered incidentally
2to the provision of any of the following:

3(A) Family planning services, as defined in Section 14503 of
4the Welfare and Institutions Code.

5(B) Routine health care or perinatal care, as defined in
6subdivision (d) of Section 123485 of the Health and Safety Code.

7(C) Care rendered, consistent with the certified nurse-midwife’s
8educational preparation or for which clinical competency has been
9established and maintained, to persons within a facility specified
10in subdivision (a), (b), (c), (d), (i), or (j) of Section 1206 of the
11Health and Safety Code, a clinic as specified in Section 1204 of
12the Health and Safety Code, a general acute care hospital as defined
13in subdivision (a) of Section 1250 of the Health and Safety Code,
14a licensed birth center as defined in Section 1204.3 of the Health
15and Safety Code, or a special hospital specified as a maternity
16hospital in subdivision (f) of Section 1250 of the Health and Safety
17Code.

18(2) The drugs or devices are furnished or ordered by a certified
19nurse-midwife in accordance with standardized procedures or
20protocols. For purposes of this section, standardized procedure
21means a document, including protocols, developed and approved
22by the supervising physician and surgeon, the certified
23nurse-midwife, and the facility administrator or his or her designee.
24The standardized procedure covering the furnishing or ordering
25of drugs or devices shall specify all of the following:

26(A) Which certified nurse-midwife may furnish or order drugs
27or devices.

28(B) Which drugs or devices may be furnished or ordered and
29under what circumstances.

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

31(D) The method of periodic review of the certified
32nurse-midwife’s competence, including peer review, and review
33of the provisions of the standardized procedure.

34(3) If Schedule II or III controlled substances, as defined in
35Sections 11055 and 11056 of the Health and Safety Code, are
36furnished or ordered by a certified nurse-midwife, the controlled
37substances shall be furnished or ordered in accordance with a
38patient-specific protocol approved by the treating or supervising
39physician and surgeon. For Schedule II controlled substance
40protocols, the provision for furnishing the Schedule II controlled
P55   1substance shall address the diagnosis of the illness, injury, or
2condition for which the Schedule II controlled substance is to be
3furnished.

4(4) The furnishing or ordering of drugs or devices by a certified
5nurse-midwife occurs under physician and surgeon supervision.
6For purposes of this section, no physician and surgeon shall
7supervise more than four certified nurse-midwives at one time.
8Physician and surgeon supervision shall not be construed to require
9the physical presence of the physician, but does include all of the
10following:

11(A) Collaboration on the development of the standardized
12procedure or protocol.

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

14(C) Availability by telephonic contact at the time of patient
15examination by the certified nurse-midwife.

16(b) (1) The furnishing or ordering of drugs or devices by a
17certified nurse-midwife is conditional on the issuance by the board
18of a number to the applicant who has successfully completed the
19requirements of paragraph (2). The number shall be included on
20all transmittals of orders for drugs or devices by the certified
21nurse-midwife. The board shall maintain a list of the certified
22nurse-midwives that it has certified pursuant to this paragraph and
23the number it has issued to each one. The board shall make the list
24available to the California State Board of Pharmacy upon its
25request. Every certified nurse-midwife who is authorized pursuant
26to this section to furnish or issue a drug order for a controlled
27substance shall register with the United States Drug Enforcement
28Administration.

29(2) The board has certified in accordance with paragraph (1)
30that the certified nurse-midwife has satisfactorily completed a
31course in pharmacology covering the drugs or devices to be
32furnished or ordered under this section. The board shall establish
33the requirements for satisfactory completion of this paragraph.
34The board may charge the applicant a fee to cover all necessary
35costs to implement this section, that shall be not less than four
36hundred dollars ($400) nor more than one thousand five hundred
37dollars ($1,500) for an initial application, nor less than one hundred
38fifty dollars ($150) nor more than one thousand dollars ($1,000)
39for an application for renewal. The board may charge a penalty
40fee for failure to renew a furnishing number within the prescribed
P56   1time that shall be not less than seventy-five dollars ($75) nor more
2than five hundred dollars ($500).

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

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

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

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

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

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

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

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

P57   1(2) Transmitting an order of a supervising physician and
2surgeon.

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

16

begin deleteSEC. 14.end delete
17
begin insertSEC. 20.end insert  

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

19

2786.5.  

(a) An institution of higher education or a private
20postsecondary school of nursing approved by the board pursuant
21to subdivision (b) of Section 2786 shall remit to the board for
22deposit in the Board of Registered Nursing Fund the following
23fees, in accordance with the following schedule:

24(1) The fee for approval of a school of nursing shall be fixed
25by the board at not less than forty thousand dollars ($40,000) nor
26more than eighty thousand dollars ($80,000).

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

31(3) The processing fee for authorization of a substantive change
32to an approval of a school of nursing shall be fixed by the board
33at not less than two thousand five hundred dollars ($2,500) nor
34more than five thousand dollars ($5,000).

35(b) If the board determines that the annual cost of providing
36oversight and review of a school of nursing, as required by this
37article, is less than the amount of any fees required to be paid by
38that institution pursuant to this article, the board may decrease the
39fees applicable to that institution to an amount that is proportional
40to the board’s costs associated with that institution.

P58   1

begin deleteSEC. 15.end delete
2
begin insertSEC. 21.end insert  

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

4

2811.  

(a) Each person holding a regular renewable license
5under this chapter, whether in an active or inactive status, shall
6apply for a renewal of hisbegin insert or herend insert license and pay the biennial
7renewal fee required by this chapter each two years on or before
8the last day of the month following the month in which hisbegin insert or herend insert
9 birthday occurs, beginning with the second birthday following the
10date on which the license was issued, whereupon the board shall
11renew the license.

12(b) Each such license not renewed in accordance with this
13section shall expire but may within a period of eight years
14thereafter be reinstated upon payment of the fee required by this
15chapter and upon submission of such proof of the applicant’s
16qualifications as may be required by the board, except that during
17such eight-year period no examination shall be required as a
18condition for the reinstatement of any such expired license which
19has lapsed solely by reason of nonpayment of the renewal fee.
20After the expiration of such eight-year period the board may require
21as a condition of reinstatement that the applicant pass such
22examination as it deems necessary to determine his present fitness
23to resume the practice of professional nursing.

24(c) A license in an inactive status may be restored to an active
25status if the licensee meets the continuing education standards of
26Section 2811.5.

27

begin deleteSEC. 16.end delete
28
begin insertSEC. 22.end insert  

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

30

2811.5.  

(a) Each person renewing his or her license under
31Section 2811 shall submit proof satisfactory to the board that,
32during the preceding two-year period, he or she has been informed
33of the developments in the registered nurse field or in any special
34area of practice engaged in by the licensee, occurring since the
35last renewal thereof, either by pursuing a course or courses of
36continuing education in the registered nurse field or relevant to
37the practice of the licensee, and approved by the board, or by other
38means deemed equivalent by the board.

39(b) For purposes of this section, the board shall, by regulation,
40establish standards for continuing education. The standards shall
P59   1be established in a manner to ensure that a variety of alternative
2forms of continuing education are available to licensees, including,
3but not limited to, academic studies, in-service education, institutes,
4seminars, lectures, conferences, workshops, extension studies, and
5home study programs. The standards shall take cognizance of
6specialized areas of practice, and content shall be relevant to the
7practice of nursing and shall be related to the scientific knowledge
8or technical skills required for the practice of nursing or be related
9to direct or indirect patient or client care. The continuing education
10standards established by the board shall not exceed 30 hours of
11direct participation in a course or courses approved by the board,
12or its equivalent in the units of measure adopted by the board.

13(c) The board shall audit continuing education providers at least
14once every five years to ensure adherence to regulatory
15requirements, and shall withhold or rescind approval from any
16provider that is in violation of the regulatory requirements.

17(d) The board shall encourage continuing education in spousal
18or partner abuse detection and treatment. In the event the board
19establishes a requirement for continuing education coursework in
20spousal or partner abuse detection or treatment, that requirement
21shall be met by each licensee within no more than four years from
22the date the requirement is imposed.

23(e) In establishing standards for continuing education, the board
24shall consider including a course in the special care needs of
25individuals and their families facing end-of-life issues, including,
26but not limited to, all of the following:

27(1) Pain and symptom management.

28(2) The psycho-social dynamics of death.

29(3) Dying and bereavement.

30(4) Hospice care.

31(f) In establishing standards for continuing education, the board
32may include a course on pain management.

33(g) This section shall not apply to licensees during the first two
34years immediately following their initial licensure in California
35or any other governmental jurisdiction.

36(h) The board may, in accordance with the intent of this section,
37make exceptions from continuing education requirements for
38licensees residing in another state or country, or for reasons of
39health, military service, or other good cause.

P60   1

begin deleteSEC. 17.end delete
2
begin insertSEC. 23.end insert  

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

4

2815.  

Subject to the provisions of Section 128.5, the amount
5of the fees prescribed by this chapter in connection with the
6issuance of licenses for registered nurses under its provisions is
7that fixed by the following schedule:

8(a) (1) The fee to be paid upon the filing by a graduate of an
9approved school of nursing in this state of an application for a
10licensure by examination shall be fixed by the board at not less
11than three hundred dollars ($300) nor more than one thousand
12dollars ($1,000).

13(2) The fee to be paid upon the filing by a graduate of a school
14of nursing in another state, district, or territory of the United States
15of an application for a licensure by examination shall be fixed by
16the board at not less than three hundred fifty dollars ($350) nor
17more than one thousand dollars ($1,000).

18(3) The fee to be paid upon the filing by a graduate of a school
19of nursing in another country of an application for a licensure by
20examination shall be fixed by the board at not less than seven
21hundred fifty dollars ($750) nor more than one thousand five
22hundred dollars ($1,500).

23(4) The fee to be paid upon the filing of an application for
24licensure by a repeat examination shall be fixed by the board at
25not less than two hundred fifty dollars ($250) and not more than
26one thousand dollars ($1,000).

27(b) The fee to be paid for taking each examination shall be the
28actual cost to purchase an examination from a vendor approved
29by the board.

30(c) (1) The fee to be paid for application by a person who is
31licensed or registered as a nurse in another state, district, or territory
32of the United States for licensure by endorsement shall be fixed
33by the board at not less than three hundred fifty dollars ($350) nor
34more than one thousand dollars ($1,000).

35(2) The fee to be paid for application by a person who is licensed
36or registered as a nurse in another country for licensure by
37endorsement 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).

P61   1(d) (1) The biennial fee to be paid upon the filing of an
2application for renewal of the license shall be not less than one
3hundred eighty dollars ($180) nor more than seven hundred fifty
4dollars ($750). In addition, an assessment of ten dollars ($10) shall
5be collected and credited to the Registered Nurse Education Fund,
6pursuant to Section 2815.1.

7(2) The fee to be paid upon the filing of an application for
8reinstatement pursuant to subdivision (b) of Section 2811 shall be
9not less than three hundred fifty dollars ($350) nor more than one
10thousand dollars ($1,000).

11(e) The penalty fee for failure to renew a license within the
12prescribed time shall be fixed by the board at not more than 50
13percent of the regular renewal fee, but not less than ninety dollars
14($90) nor more than three hundred seventy-five dollars ($375).

15(f) The fee to be paid for approval of a continuing education
16provider shall be fixed by the board at not less than five hundred
17dollars ($500) nor more than one thousand dollars ($1,000).

18(g) The biennial fee to be paid upon the filing of an application
19for renewal of provider approval shall be fixed by the board at not
20less than seven hundred fifty dollars ($750) nor more than one
21thousand dollars ($1,000).

22(h) The penalty fee for failure to renew provider approval within
23the prescribed time shall be fixed at not more than 50 percent of
24the regular renewal fee, but not less than one hundred twenty-five
25dollars ($125) nor more than five hundred dollars ($500).

26(i) The penalty for submitting insufficient funds or fictitious
27check, draft or order on any bank or depository for payment of
28any fee to the board shall be fixed at not less than fifteen dollars
29($15) nor more than thirty dollars ($30).

30(j) The fee to be paid for an interim permit shall be fixed by the
31board at not less than one hundred dollars ($100) nor more than
32two hundred fifty dollars ($250).

33(k) The fee to be paid for a temporary license shall be fixed by
34the board at not less than one hundred dollars ($100) nor more
35than two hundred fifty dollars ($250).

36(l) The fee to be paid for processing endorsement papers to other
37states shall be fixed by the board at not less than one hundred
38dollars ($100) nor more than two hundred dollars ($200).

P62   1(m) The fee to be paid for a certified copy of a school transcript
2shall be fixed by the board at not less than fifty dollars ($50) nor
3more than one hundred dollars ($100).

4(n) (1) The fee to be paid for a duplicate pocket license shall
5be fixed by the board at not less than fifty dollars ($50) nor more
6than seventy-five dollars ($75).

7(2) The fee to be paid for a duplicate wall certificate shall be
8fixed by the board at not less than sixty dollars ($60) nor more
9than one hundred dollars ($100).

10(o) (1) The fee to be paid by a registered nurse for an evaluation
11of his or her qualifications to use the title “nurse practitioner” shall
12be fixed by the board at not less than five hundred dollars ($500)
13nor more than one thousand five hundred dollars ($1,500).

14(2) The fee to be paid by a registered nurse for a temporary
15certificate to practice as a nurse practitioner shall be fixed by the
16board at not less than one hundred fifty dollars ($150) nor more
17than five hundred dollars ($500).

18(3) The fee to be paid upon the filing of an application for
19renewal of a certificate to practice as a nurse practitioner shall be
20not less than one hundred fifty dollars ($150) nor more than one
21thousand dollars ($1,000).

22(4) The penalty fee for failure to renew a certificate to practice
23as a nurse practitioner within the prescribed time shall be not less
24than seventy-five dollars ($75) nor more than five hundred dollars
25($500).

26(p) The fee to be paid by a registered nurse for listing as a
27“psychiatric mental health nurse” shall be fixed by the board at
28not less than three hundred fifty dollars ($350) nor more than seven
29hundred fifty dollars ($750).

30(q) The fee to be paid for duplicate National Council Licensure
31Examination for registered nurses (NCLEX-RN) examination
32results shall be not less than sixty dollars ($60) nor more than one
33hundred dollars ($100).

34(r) The fee to be paid for a letter certifying a license shall be
35not less than twenty dollars ($20) nor more than thirty dollars
36($30).

37No further fee shall be required for a license or a renewal thereof
38other than as prescribed by this chapter.

P63   1

begin deleteSEC. 18.end delete
2
begin insertSEC. 24.end insert  

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

4

2815.5.  

The amount of the fees prescribed by this chapter in
5connection with the issuance of certificates as nurse-midwives is
6that fixed by the following schedule:

7(a) The fee to be paid upon the filing of an application for a
8certificate shall be fixed by the board at not less than five hundred
9dollars ($500) nor more than one thousand five hundred dollars
10($1,500).

11(b) The biennial fee to be paid upon the application for a renewal
12of a certificate shall be fixed by the board at not less than one
13hundred fifty dollars ($150) nor more than one thousand dollars
14($1,000).

15(c) The penalty fee for failure to renew a certificate within the
16prescribed time shall be 50 percent of the renewal fee in effect on
17the date of the renewal of the license, but not less than seventy-five
18dollars ($75) nor more than five hundred dollars ($500).

19(d) The fee to be paid upon the filing of an application for the
20nurse-midwife equivalency examination shall be fixed by the board
21at not less than one hundred dollars ($100) nor more than two
22hundred dollars ($200).

23(e) The fee to be paid for a temporary certificate shall be fixed
24by the board at not less than one hundred fifty dollars ($150) nor
25more than five hundred dollars ($500).

26

begin deleteSEC. 19.end delete
27
begin insertSEC. 25.end insert  

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

29

2816.  

The nonrefundable fee to be paid by a registered nurse
30for an evaluation of his or her qualifications to use the title “public
31health nurse” shall be equal to the fees set out in subdivision (o)
32of Section 2815. The fee to be paid upon the application for
33renewal of the certificate to practice as a public health nurse shall
34be fixed by the board at not less than one hundred twenty-five
35dollars ($125) and not more than five hundred dollars ($500). All
36fees payable under this section shall be collected by and paid to
37the Registered Nursing Fund. It is the intention of the Legislature
38that the costs of carrying out the purposes of this article shall be
39covered by the revenue collected pursuant to this section.

P64   1

begin deleteSEC. 20.end delete
2
begin insertSEC. 26.end insert  

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

4

2830.7.  

The amount of the fees prescribed by this chapter in
5connection with the issuance of certificates as nurse anesthetists
6is that fixed by the following schedule:

7(a) The fee to be paid upon the filing of an application for a
8certificate shall be fixed by the board at not less than five hundred
9dollars ($500) nor more than one thousand five hundred dollars
10($1,500).

11(b) The biennial fee to be paid upon the application for a renewal
12of a certificate shall be fixed by the board at not less than one
13hundred fifty dollars ($150) nor more than one thousand dollars
14($1,000).

15(c) The penalty fee for failure to renew a certificate within the
16prescribed time shall be 50 percent of the renewal fee in effect on
17the date of the renewal of the license, but not less than seventy-five
18dollars ($75) nor more than five hundred dollars ($500).

19(d) The fee to be paid for a temporary certificate shall be fixed
20by the board at not less than one hundred fifty dollars ($150) nor
21more than five hundred dollars ($500).

22

begin deleteSEC. 21.end delete
23
begin insertSEC. 27.end insert  

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

25

2836.3.  

(a) The furnishing of drugs or devices by nurse
26practitioners is conditional on issuance by the board of a number
27to the nurse applicant who has successfully completed the
28requirements of subdivision (g) of Section 2836.1. The number
29shall be included on all transmittals of orders for drugs or devices
30by the nurse practitioner. The board shall make the list of numbers
31issued available to the Board of Pharmacy. The board may charge
32the applicant a fee to cover all necessary costs to implement this
33section, that shall be not less than four hundred dollars ($400) nor
34more than one thousand five hundred dollars ($1,500) for an initial
35application, nor less than one hundred fifty dollars ($150) nor more
36than one thousand dollars ($1,000) for an application for renewal.
37The board may charge a penalty fee for failure to renew a
38furnishing number within the prescribed time that shall be not less
39than seventy-five dollars ($75) nor more than five hundred dollars
40($500).

P65   1(b) The number shall be renewable at the time of the applicant’s
2registered nurse license renewal.

3(c) The board may revoke, suspend, or deny issuance of the
4numbers for incompetence or gross negligence in the performance
5of functions specified in Sections 2836.1 and 2836.2.

6

begin deleteSEC. 22.end delete
7
begin insertSEC. 28.end insert  

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

9

2838.2.  

(a) A clinical nurse specialist is a registered nurse with
10advanced education, who participates in expert clinical practice,
11education, research, consultation, and clinical leadership as the
12major components of his or her role.

13(b) The board may establish categories of clinical nurse
14specialists and the standards required to be met for nurses to hold
15themselves out as clinical nurse specialists in each category. The
16standards shall take into account the types of advanced levels of
17nursing practice that are or may be performed and the clinical and
18didactic education, experience, or both needed to practice safety
19at those levels. In setting the standards, the board shall consult
20with clinical nurse specialists, physicians and surgeons appointed
21by the Medical Board with expertise with clinical nurse specialists,
22and health care organizations that utilize clinical nurse specialists.

23(c) A registered nurse who meets one of the following
24requirements may apply to become a clinical nurse specialist:

25(1) Possession of a master’s degree in a clinical field of nursing.

26(2) Possession of a master’s degree in a clinical field related to
27nursing withbegin delete course workend deletebegin insert courseworkend insert in the components referred
28to in subdivision (a).

29(3) On or before July 1, 1998, meets the following requirements:

30(A) Current licensure as a registered nurse.

31(B) Performs the role of a clinical nurse specialist as described
32in subdivision (a).

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

34(d) (1) A nonrefundable fee of not less than five hundred dollars
35($500), but not to exceed one thousand five hundred dollars
36($1,500) shall be paid by a registered nurse applying to be a clinical
37nurse specialist for the evaluation of his or her qualifications to
38use the title “clinical nurse specialist.”

P66   1(2) The fee to be paid for a temporary certificate to practice as
2a clinical nurse specialist shall be not less than thirty dollars ($30)
3nor more than fifty dollars ($50).

4(3) A biennial renewal fee shall be paid upon submission of an
5application to renew the clinical nurse specialist certificate and
6shall be established by the board at no less than one hundred fifty
7dollars ($150) and no more than one thousand dollars ($1,000).

8(4) The penalty fee for failure to renew a certificate within the
9prescribed time shall be 50 percent of the renewal fee in effect on
10the date of the renewal of the license, but not less than seventy-five
11dollars ($75) nor more than five hundred dollars ($500).

12(5) The fees authorized by this subdivision shall not exceed the
13amount necessary to cover the costs to the board to administer this
14section.

15

begin deleteSEC. 23.end delete
16
begin insertSEC. 29.end insert  

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

18

4128.2.  

(a) In addition to the pharmacy license requirement
19described in Section 4110, a centralized hospital packaging
20pharmacy shall obtain a specialty license from the board prior to
21engaging in the functions described in Section 4128.

22(b) An applicant seeking a specialty license pursuant to this
23article shall apply to the board on forms established by the board.

24(c) Before issuing the specialty license, the board shall inspect
25the pharmacy and ensure that the pharmacy is in compliance with
26this article and regulations established by the board.

27(d) A license to perform the functions described in Section 4128
28may only be issued to a pharmacy that is licensed by the board as
29a hospital pharmacy.

30(e) A license issued pursuant to this article shall be renewed
31annually and is not transferrable.

32(f) An applicant seeking renewal of a specialty license shall
33apply to the board on forms established by the board.

34(g) A license to perform the functions described in Section 4128
35shall not be renewed until the pharmacy has been inspected by the
36board and found to be in compliance with this article and
37regulations established by the board.

begin insert

38
(h) Until July 1, 2017, the fee for issuance or annual renewal
39of a centralized hospital packaging pharmacy license shall be six
P67   1hundred dollars ($600) and may be increased by the board to eight
2hundred dollars ($800).

end insert
3begin insert

begin insertSEC. 30.end insert  

end insert

begin insertSection 4170 of the end insertbegin insertBusiness and Professions Codeend insert
4
begin insert is amended to read:end insert

5

4170.  

(a) No prescriber shall dispense drugs or dangerous
6devices to patients in his or her office or place of practice unless
7all of the following conditions are met:

8(1) The dangerous drugs or dangerous devices are dispensed to
9the prescriber’s own patient, and the drugs or dangerous devices
10are not furnished by a nurse or physician attendant.

11(2) The dangerous drugs or dangerous devices are necessary in
12the treatment of the condition for which the prescriber is attending
13the patient.

14(3) The prescriber does not keep a pharmacy, open shop, or
15drugstore, advertised or otherwise, for the retailing of dangerous
16drugs, dangerous devices, or poisons.

17(4) The prescriber fulfills all of the labeling requirements
18imposed upon pharmacists by Section 4076, all of the
19recordkeeping requirements of this chapter, and all of the packaging
20requirements of good pharmaceutical practice, including the use
21of childproof containers.

22(5) The prescriber does not use a dispensing device unless he
23or she personally owns the device and the contents of the device,
24and personally dispenses the dangerous drugs or dangerous devices
25to the patient packaged, labeled, and recorded in accordance with
26paragraph (4).

27(6) The prescriber, prior to dispensing, offers to give a written
28prescription to the patient that the patient may elect to have filled
29by the prescriber or by any pharmacy.

30(7) The prescriber provides the patient with written disclosure
31that the patient has a choice between obtaining the prescription
32from the dispensing prescriber or obtaining the prescription at a
33pharmacy of the patient’s choice.

34(8) A certified nurse-midwife who functions pursuant to a
35standardized procedure or protocol described in Section 2746.51,
36a nurse practitioner who functions pursuant to a standardized
37procedure described in Section 2836.1, or protocol, a physician
38assistant who functions pursuant to Section 3502.1, or a
39naturopathic doctor who functions pursuant to Section 3640.5,
40may hand to a patient of the supervising physician and surgeon a
P68   1properly labeled prescription drug prepackaged by a physician and
2surgeon, a manufacturer as defined in this chapter, or a pharmacist.

3(b) The Medical Board of California,begin insert the California Board of
4Podiatric Medicine,end insert
the State Board of Optometry, the Bureau of
5Naturopathic Medicine, the Dental Board of California, the
6Osteopathic Medical Board of California, the Board of Registered
7Nursing, the Veterinary Medical Board, and the Physician Assistant
8Committee shall have authority with the California State Board of
9Pharmacy to ensure compliance with this section, and those boards
10are specifically charged with the enforcement of this chapter with
11respect to their respective licensees.

12(c) “Prescriber,” as used in this section, means a person, who
13holds a physician’s and surgeon’s certificate, a license to practice
14optometry, a license to practice naturopathic medicine, a license
15to practice dentistry, a license to practice veterinary medicine, or
16a certificate to practice podiatry, and who is duly registered by the
17Medical Board of California,begin insert the California Board of Podiatric
18Medicine,end insert
the State Board of Optometry, the Bureau of
19Naturopathic Medicine, the Dental Board of California, the
20Veterinary Medical Board, or the Board of Osteopathic Examiners
21of this state.

22begin insert

begin insertSEC. 31.end insert  

end insert

begin insertSection 4175 of the end insertbegin insertBusiness and Professions Codeend insert
23
begin insert is amended to read:end insert

24

4175.  

(a) The California State Board of Pharmacy shall
25promptly forward to the appropriate licensing entity, including the
26Medical Board of California,begin insert the California Board of Podiatric
27Medicine,end insert
the Veterinary Medical Board, the Dental Board of
28California, the State Board of Optometry, the Osteopathic Medical
29Board of California, the Board of Registered Nursing, the Bureau
30of Naturopathic Medicine, or the Physician Assistant Committee,
31all complaints received related to dangerous drugs or dangerous
32devices dispensed by a prescriber, certified nurse-midwife, nurse
33practitioner, naturopathic doctor, or physician assistant pursuant
34to Section 4170.

35(b) All complaints involving serious bodily injury due to
36dangerous drugs or dangerous devices dispensed by prescribers,
37certified nurse-midwives, nurse practitioners, naturopathic doctors,
38or physician assistants pursuant to Section 4170 shall be handled
39by the Medical Board of California,begin insert the California Board of
40Podiatric Medicine,end insert
the Dental Board of California, the State Board
P69   1of Optometry, the Osteopathic Medical Board of California, the
2Bureau of Naturopathic Medicine, the Board of Registered Nursing,
3the Veterinary Medical Board, or the Physician Assistant
4Committee as a case of greatest potential harm to a patient.

5

begin deleteSEC. 24.end delete
6
begin insertSEC. 32.end insert  

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

8

4400.  

The amount of fees and penalties prescribed by this
9chapter, except as otherwise provided, is that fixed by the board
10according to the following schedule:

11(a) The fee for a nongovernmental pharmacy license shall be
12four hundred dollars ($400) and may be increased to five hundred
13twenty dollars ($520). The fee for the issuance of a temporary
14nongovernmental pharmacy permit shall be two hundred fifty
15dollars ($250) and may be increased to three hundred twenty-five
16dollars ($325).

17(b) The fee for a nongovernmental pharmacy license annual
18renewal shall be two hundred fifty dollars ($250) and may be
19increased to three hundred twenty-five dollars ($325).

20(c) The fee for the pharmacist application and examination shall
21be two hundred dollars ($200) and may be increased to two
22hundred sixty dollars ($260).

23(d) The fee for regrading an examination shall be ninety dollars
24($90) and may be increased to one hundred fifteen dollars ($115).
25If an error in grading is found and the applicant passes the
26examination, the regrading fee shall be refunded.

27(e) The fee for a pharmacist license and biennial renewal shall
28be one hundred fifty dollars ($150) and may be increased to one
29hundred ninety-five dollars ($195).

30(f) The fee for a nongovernmental wholesaler or third-party
31logistics provider license and annual renewal shall be seven
32hundred eighty dollars ($780) and may be decreased to no less
33than six hundred dollars ($600). The application fee for any
34additional location after licensure of the first 20 locations shall be
35three hundred dollars ($300) and may be decreased to no less than
36two hundred twenty-five dollars ($225). A temporary license fee
37shall be seven hundred fifteen dollars ($715) and may be decreased
38to no less than five hundred fifty dollars ($550).

P70   1(g) The fee for a hypodermic license and renewal shall be one
2hundred twenty-five dollars ($125) and may be increased to one
3hundred sixty-five dollars ($165).

4(h) (1) The fee for application, investigation, and issuance of
5a license as a designated representative pursuant to Section 4053,
6or as a designated representative-3PL pursuant to Section 4053.1,
7shall be three hundred thirty dollars ($330) and may be decreased
8to no less than two hundred fifty-five dollars ($255).

9(2) The fee for the annual renewal of a license as a designated
10representative or designated representative-3PL shall be one
11hundred ninety-five dollars ($195) and may be decreased to no
12less than one hundred fifty dollars ($150).

13(i) (1) The fee for the application, investigation, and issuance
14of a license as a designated representative for a veterinary
15food-animal drug retailer pursuant to Section 4053 shall be three
16hundred thirty dollars ($330) and may be decreased to no less than
17two hundred fifty-five dollars ($255).

18(2) The fee for the annual renewal of a license as a designated
19representative for a veterinary food-animal drug retailer shall be
20one hundred ninety-five dollars ($195) and may be decreased to
21no less than one hundred fifty dollars ($150).

22(j) (1) The application fee for a nonresident wholesaler or
23third-party logistics provider license issued pursuant to Section
244161 shall be seven hundred eighty dollars ($780) and may be
25decreased to no less than six hundred dollars ($600).

26(2) For nonresident wholesalers or third-party logistics providers
27that have 21 or more facilities operating nationwide the application
28fees for the first 20 locations shall be seven hundred eighty dollars
29($780) and may be decreased to no less than six hundred dollars
30($600). The application fee for any additional location after
31licensure of the first 20 locations shall be three hundred dollars
32($300) and may be decreased to no less than two hundred
33twenty-five dollars ($225). A temporary license fee shall be seven
34hundred fifteen dollars ($715) and may be decreased to no less
35than five hundred fifty dollars ($550).

36(3) The annual renewal fee for a nonresident wholesaler license
37or third-party logistics provider license issued pursuant to Section
384161 shall be seven hundred eighty dollars ($780) and may be
39decreased to no less than six hundred dollars ($600).

P71   1(k) The fee for evaluation of continuing education courses for
2accreditation shall be set by the board at an amount not to exceed
3forty dollars ($40) per course hour.

4(l) The fee for an intern pharmacist license shall be ninety dollars
5($90) and may be increased to one hundred fifteen dollars ($115).
6The fee for transfer of intern hours or verification of licensure to
7another state shall be twenty-five dollars ($25) and may be
8increased to thirty dollars ($30).

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

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

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

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

24(q) The fee for any applicant for a nongovernmental clinic
25license shall be four hundred dollars ($400) and may be increased
26to five hundred twenty dollars ($520) for each license. The annual
27fee for renewal of the license shall be two hundred fifty dollars
28($250) and may be increased to three hundred twenty-five dollars
29($325) for each license.

30(r) The fee for the issuance of a pharmacy technician license
31shall be eighty dollars ($80) and may be increased to one hundred
32five dollars ($105). The fee for renewal of a pharmacy technician
33license shall be one hundred dollars ($100) and may be increased
34to one hundred thirty dollars ($130).

35(s) The fee for a veterinary food-animal drug retailer license
36shall be four hundred five dollars ($405) and may be increased to
37four hundred twenty-five dollars ($425). The annual renewal fee
38for a veterinary food-animal drug retailer license shall be two
39hundred fifty dollars ($250) and may be increased to three hundred
40twenty-five dollars ($325).

P72   1(t) The fee for issuance of a retired license pursuant to Section
24200.5 shall be thirty-five dollars ($35) and may be increased to
3forty-five dollars ($45).

4(u) The fee for issuance or renewal of a nongovernmental sterile
5compounding pharmacy license shall be six hundred dollars ($600)
6and may be increased to seven hundred eighty dollars ($780). The
7fee for a temporary license shall be five hundred fifty dollars ($550)
8and may be increased to seven hundred fifteen dollars ($715).

9(v) The fee for the issuance or renewal of a nonresident sterile
10compounding pharmacy license shall be seven hundred eighty
11dollars ($780). In addition to paying that application fee, the
12nonresident sterile compounding pharmacy shall deposit, when
13submitting the application, a reasonable amount, as determined by
14the board, necessary to cover the board’s estimated cost of
15performing the inspection required by Section 4127.2. If the
16required deposit is not submitted with the application, the
17application shall be deemed to be incomplete. If the actual cost of
18the inspection exceeds the amount deposited, the board shall
19provide to the applicant a written invoice for the remaining amount
20and shall not take action on the application until the full amount
21has been paid to the board. If the amount deposited exceeds the
22amount of actual and necessary costs incurred, the board shall
23remit the difference to the applicant.

24(w) This section shall become inoperative on July 1, 2017, and
25as of January 1, 2018, is repealed.

26

begin deleteSEC. 25.end delete
27
begin insertSEC. 33.end insert  

Section 4400 is added to the Business and Professions
28Code
, to read:

29

4400.  

The amount of fees and penalties prescribed by this
30chapter, except as otherwise provided, is that fixed by the board
31according to the following schedule:

32(a) The fee for a nongovernmental pharmacy license shall be
33five hundred twenty dollars ($520) and may be increased to five
34hundred seventy dollars ($570). The fee for the issuance of a
35temporary nongovernmental pharmacy permit shall be two hundred
36fifty dollars ($250) and may be increased to three hundred
37twenty-five dollars ($325).

38(b) The fee for a nongovernmental pharmacy license annual
39renewal shall be six hundred sixty-five dollars ($665) and may be
40increased to nine hundred thirty dollars ($930).

P73   1(c) The fee for the pharmacist application and examination shall
2be two hundred sixty dollars ($260) and may be increased to two
3hundred eighty-five dollars ($285).

4(d) The fee for regrading an examination shall be ninety dollars
5($90) and may be increased to one hundred fifteen dollars ($115).
6If an error in grading is found and the applicant passes the
7examination, the regrading fee shall be refunded.

8(e) The fee for a pharmacist license shall be one hundred
9ninety-five dollars ($195) and may be increased to two hundred
10fifteen dollars ($215). The fee for a pharmacist biennial renewal
11shall be three hundred sixty dollars ($360) and may be increased
12to five hundred five dollars ($505).

13(f) The fee for a nongovernmental wholesaler or third-party
14logistics provider license and annual renewal shall be seven
15hundred eighty dollars ($780) and may be increased to eight
16hundred twenty dollars ($820). The application fee for any
17additional location after licensure of the first 20 locations shall be
18three hundred dollars ($300) and may be decreased to no less than
19two hundred twenty-five dollars ($225). A temporary license fee
20shall be seven hundred fifteen dollars ($715) and may be decreased
21to no less than five hundred fifty dollars ($550).

22(g) The fee for a hypodermic license shall be one hundred
23seventy dollars ($170) and may be increased to two hundred forty
24dollars ($240). The fee for a hypodermic license renewal shall be
25two hundred dollars ($200) and may be increased to two hundred
26eighty dollars ($280).

27(h) (1) The fee for application, investigation, and issuance of
28a license as a designated representative pursuant to Section 4053,
29or as a designated representative-3PL pursuant to Section 4053.1,
30shall be one hundred fifty dollars ($150) and may be increased to
31two hundred ten dollars ($210).

32(2) The fee for the annual renewal of a license as a designated
33representative or designated representative-3PL shall be two
34hundred fifteen dollars ($215) and may be increased to three
35hundred dollars ($300).

36(i) (1) The fee for the application, investigation, and issuance
37of a license as a designated representative for a veterinary
38food-animal drug retailer pursuant to Section 4053 shall be one
39hundred fifty dollars ($150) and may be increased to two hundred
40ten dollars ($210).

P74   1(2) The fee for the annual renewal of a license as a designated
2representative for a veterinary food-animal drug retailer shall be
3 two hundred fifteen dollars ($215) and may be increased to three
4hundred dollars ($300).

5(j) (1) The application fee for a nonresident wholesaler or
6third-party logistics provider license issued pursuant to Section
74161 shall be seven hundred eighty dollars ($780) and may be
8increased to eight hundred twenty dollars ($820).

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

19(3) The annual renewal fee for a nonresident wholesaler license
20or third-party logistics provider license issued pursuant to Section
214161 shall be seven hundred eighty dollars ($780) and may be
22increased to eight hundred twenty dollars ($820).

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

26(l) The fee for an intern pharmacist license shall be one hundred
27sixty-five dollars ($165) and may be increased to two hundred
28thirty dollars ($230). The fee for transfer of intern hours or
29verification of licensure to another state shall be twenty-five dollars
30($25) and may be increased to thirty dollars ($30).

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

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

38(o) The fee for the reissuance of any license, or renewal thereof,
39that must be reissued because of a change in the information, shall
P75   1be one hundred dollars ($100) and may be increased to one hundred
2thirty dollars ($130).

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

7(q) The fee for any applicant for a nongovernmental clinic
8license shall be five hundred twenty dollars ($520) for each license
9and may be increased to five hundred seventy dollars ($570). The
10annual fee for renewal of the license shall be three hundred
11twenty-five dollars ($325) for each license and may be increased
12to three hundred sixty dollars ($360).

13(r) The fee for the issuance of a pharmacy technician license
14shall be one hundred forty dollars ($140) and may be increased to
15one hundred ninety-five dollars ($195). The fee for renewal of a
16pharmacy technician license shall be one hundred forty dollars
17($140) and may be increased to one hundred ninety-five dollars
18($195).

19(s) The fee for a veterinary food-animal drug retailer license
20shall be four hundred thirty-five dollars ($435) and may be
21increased to six hundred ten dollars ($610). The annual renewal
22fee for a veterinary food-animal drug retailer license shall be three
23hundred thirty dollars ($330) and may be increased to four hundred
24sixty dollars ($460).

25(t) The fee for issuance of a retired license pursuant to Section
264200.5 shall be thirty-five dollars ($35) and may be increased to
27forty-five dollars ($45).

28(u) The fee for issuance of a nongovernmental sterile
29compounding pharmacy license shall be one thousand six hundred
30forty-five dollars ($1,645) and may be increased to two thousand
31three hundred five dollars ($2,305). The fee for a temporary license
32shall be five hundred fifty dollars ($550) and may be increased to
33seven hundred fifteen dollars ($715). The annual renewal fee of
34the license shall be one thousand three hundred twenty-five dollars
35($1,325) and may be increased to one thousand eight hundred
36fifty-five dollars ($1,855).

37(v) The fee for the issuance of a nonresident sterile compounding
38pharmacy license shall be two thousand three hundred eighty
39dollars ($2,380) and may be increased to three thousand three
40hundred thirty-five dollars ($3,335). The annual renewal of the
P76   1license shall be two thousand two hundred seventy dollars ($2,270)
2and may be increased to three thousand one hundred eighty dollars
3($3,180). In addition to paying that application fee, the nonresident
4sterile compounding pharmacy shall deposit, when submitting the
5application, a reasonable amount, as determined by the board,
6necessary to cover the board’s estimated cost of performing the
7inspection required by Section 4127.2. If the required deposit is
8not submitted with the application, the application shall be deemed
9to be incomplete. If the actual cost of the inspection exceeds the
10amount deposited, the board shall provide to the applicant a written
11invoice for the remaining amount and shall not take action on the
12application until the full amount has been paid to the board. If the
13amount deposited exceeds the amount of actual and necessary
14costs incurred, the board shall remit the difference to the applicant.

15(w) The fee for the issuance of a centralized hospital packaging
16license shall be eight hundred twenty dollars ($820) and may be
17increased to one thousand one hundred fifty dollars ($1,150). The
18annual renewal of the license shall be eight hundred five dollars
19($805) and may be increased to one thousand one hundred
20twenty-five dollars ($1,125).

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

22begin insert

begin insertSEC. 34.end insert  

end insert

begin insertSection 4830 of the end insertbegin insertBusiness and Professions Codeend insert
23
begin insert is amended to read:end insert

24

4830.  

(a) This chapter does not apply to:

25(1) Veterinarians while serving in any armed branch of the
26military service of the United States or the United States
27Department of Agriculture while actually engaged and employed
28in their official capacity.

begin delete

29(2) Regularly licensed veterinarians in actual consultation from
30other states.

end delete
begin delete

31(3) Regularly licensed veterinarians actually called from other
32states to attend cases in this state, but who do not open an office
33or appoint a place to do business within this state.

end delete
begin insert

34
(2) Veterinarians holding a current, valid license in good
35standing in another state or country who provide assistance to a
36California licensed veterinarian and attend on a specific case. The
37California licensed veterinarian shall maintain a valid
38veterinarian-client-patient relationship. The veterinarian providing
39the assistance shall not establish a veterinarian-client-patient
40relationship with the client by attending the case or at a future
P77   1time and shall not practice veterinary medicine, open an office,
2appoint a place to meet patients, communicate with clients who
3reside within the limits of this state, give orders, or have ultimate
4authority over the care or primary diagnosis of a patient that is
5located within this state.

end insert
begin insert

6
(3) Veterinarians called into the state by a law enforcement
7agency or animal control agency pursuant to subdivision (b).

end insert

8(4) Veterinarians employed by the University of California
9while engaged in the performance of duties in connection with the
10College of Agriculture, the Agricultural Experiment Station, the
11School of Veterinary Medicine, or the agricultural extension work
12of the university or employed by the Western University of Health
13Sciences while engaged in the performance of duties in connection
14with the College of Veterinary Medicine or the agricultural
15extension work of the university.

16(5) Students in the School of Veterinary Medicine of the
17University of California or the College of Veterinary Medicine of
18the Western University of Health Sciences who participate in
19diagnosis and treatment as part of their educational experience,
20including those in off-campus educational programs under the
21 direct supervision of a licensed veterinarian in good standing, as
22defined in paragraph (1) of subdivision (b) of Section 4848,
23appointed by the University of California, Davis, or the Western
24University of Health Sciences.

25(6) A veterinarian who is employed by the Meat and Poultry
26Inspection Branch of the California Department of Food and
27Agriculture while actually engaged and employed in his or her
28official capacity. A person exempt under this paragraph shall not
29otherwise engage in the practice of veterinary medicine unless he
30or she is issued a license by the board.

31(7) Unlicensed personnel employed by the Department of Food
32and Agriculture or the United States Department of Agriculture
33when in the course of their duties they are directed by a veterinarian
34supervisor to conduct an examination, obtain biological specimens,
35apply biological tests, or administer medications or biological
36products as part of government disease or condition monitoring,
37investigation, control, or eradication activities.

38(b) (1) For purposes of paragraph (3) of subdivision (a), a
39regularly licensed veterinarian in good standing who is called from
40another state by a law enforcement agency or animal control
P78   1agency, as defined in Section 31606 of the Food and Agricultural
2Code, to attend to cases that are a part of an investigation of an
3alleged violation of federal or state animal fighting or animal
4cruelty laws within a single geographic location shall be exempt
5from the licensing requirements of this chapter if the law
6enforcement agency or animal control agency determines that it
7is necessary to call the veterinarian in order for the agency or
8officer to conduct the investigation in a timely, efficient, and
9effective manner. In determining whether it is necessary to call a
10veterinarian from another state, consideration shall be given to the
11availability of veterinarians in this state to attend to these cases.
12An agency, department, or officer that calls a veterinarian pursuant
13to this subdivision shall notify the board of the investigation.

14(2) Notwithstanding any other provision of this chapter, a
15regularly licensed veterinarian in good standing who is called from
16another state to attend to cases that are a part of an investigation
17described in paragraph (1) may provide veterinary medical care
18for animals that are affected by the investigation with a temporary
19shelter facility, and the temporary shelter facility shall be exempt
20from the registration requirement of Section 4853 if all of the
21following conditions are met:

22(A) The temporary shelter facility is established only for the
23purpose of the investigation.

24(B) The temporary shelter facility provides veterinary medical
25care, shelter, food, and water only to animals that are affected by
26the investigation.

27(C) The temporary shelter facility complies with Section 4854.

28(D) The temporary shelter facility exists for not more than 60
29days, unless the law enforcement agency or animal control agency
30determines that a longer period of time is necessary to complete
31the investigation.

32(E) Within 30 calendar days upon completion of the provision
33of veterinary health care services at a temporary shelter facility
34established pursuant to this section, the veterinarian called from
35another state by a law enforcement agency or animal control agency
36to attend to a case shall file a report with the board. The report
37shall contain the date, place, type, and general description of the
38care provided, along with a listing of the veterinary health care
39practitioners who participated in providing that care.

P79   1(c) For purposes of paragraph (3) of subdivision (a), the board
2may inspect temporary facilities established pursuant to this
3section.

4

begin deleteSEC. 26.end delete
5
begin insertSEC. 35.end insert  

Section 4999 of the Business and Professions Code
6 is amended to read:

7

4999.  

“Telephone medical advice service” means any business
8entity that employs, or contracts or subcontracts, directly or
9indirectly, with, the full-time equivalent of five or more persons
10functioning as health care professionals, whose primary function
11is to provide telephone medical advice, that provides telephone
12medical advice services to a patient at a California address.
13“Telephone medical advice service” does not include a medical
14group that operates in multiple locations in California if no more
15than five full-time equivalent persons at any one location perform
16telephone medical advice services and those persons limit the
17telephone medical advice services to patients being treated at that
18 location.

19

begin deleteSEC. 27.end delete
20
begin insertSEC. 36.end insert  

Section 4999.1 of the Business and Professions Code
21 is repealed.

22

begin deleteSEC. 28.end delete
23
begin insertSEC. 37.end insert  

Section 4999.2 of the Business and Professions Code
24 is amended to read:

25

4999.2.  

A telephone medical advice service shall be responsible
26for complying with the following requirements:

27(a) (1) Ensuring that all health care professionals who provide
28medical advice services are appropriately licensed, certified, or
29registered as a physician and surgeon pursuant to Chapter 5
30(commencing with Section 2000) or the Osteopathic Initiative Act,
31as a dentist, dental hygienist, dental hygienist in alternative
32practice, or dental hygienist in extended functions pursuant to
33Chapter 4 (commencing with Section 1600), as an occupational
34therapist pursuant to Chapter 5.6 (commencing with Section 2570),
35as a registered nurse pursuant to Chapter 6 (commencing with
36Section 2700), as a psychologist pursuant to Chapter 6.6
37(commencing with Section 2900), as a naturopathic doctor pursuant
38to Chapter 8.2 (commencing with Section 3610), as a marriage
39and family therapist pursuant to Chapter 13 (commencing with
40Section 4980), as a licensed clinical social worker pursuant to
P80   1Chapter 14 (commencing with Section 4991), as a licensed
2professional clinical counselor pursuant to Chapter 16
3(commencing with Section 4999.10), as an optometrist pursuant
4to Chapter 7 (commencing with Section 3000), or as a chiropractor
5pursuant to the Chiropractic Initiative Act, and operating consistent
6with the laws governing their respective scopes of practice in the
7state within which they provide telephone medical advice services,
8except as provided in subdivision (b).

9(2) Ensuring that all health care professionals who provide
10telephone medical advice services from an out-of-state location,
11as identified in paragraph (1), are licensed, registered, or certified
12in the state within which they are providing the telephone medical
13advice services and are operating consistent with the laws
14governing their respective scopes of practice.

15(b) Ensuring that the telephone medical advice provided is
16consistent with good professional practice.

17(c) Maintaining records of telephone medical advice services,
18including records of complaints, provided to patients in California
19for a period of at least five years.

20(d) Ensuring that no staff member uses a title or designation
21when speaking to an enrollee, subscriber, or consumer that may
22cause a reasonable person to believe that the staff member is a
23licensed, certified, or registered health care professional described
24in paragraph (1) of subdivision (a), unless the staff member is a
25licensed, certified, or registered professional.

26(e) Complying with all directions and requests for information
27 made by the department.

28(f) Notifying the department within 30 days of any change of
29name, physical location, mailing address, or telephone number of
30any business, owner, partner, corporate officer, or agent for service
31of process in California, together with copies of all resolutions or
32other written communications that substantiate these changes.

33

begin deleteSEC. 29.end delete
34
begin insertSEC. 38.end insert  

Section 4999.3 of the Business and Professions Code
35 is repealed.

36

begin deleteSEC. 30.end delete
37
begin insertSEC. 39.end insert  

Section 4999.4 of the Business and Professions Code
38 is repealed.

P81   1

begin deleteSEC. 31.end delete
2
begin insertSEC. 40.end insert  

Section 4999.5 of the Business and Professions Code
3 is repealed.

4

begin deleteSEC. 32.end delete
5
begin insertSEC. 41.end insert  

Section 4999.5 is added to the Business and
6Professions Code
, to read:

7

4999.5.  

The respective healing arts licensing boards shall be
8responsible for enforcing this chapter and any other laws and
9regulations affecting California licensed health care professionals
10providing telephone medical advice services.

11

begin deleteSEC. 33.end delete
12
begin insertSEC. 42.end insert  

Section 4999.6 of the Business and Professions Code
13 is repealed.

begin delete
14

SEC. 34.  

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).

P82   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.

end delete
30begin insert

begin insertSEC. 43.end insert  

end insert

begin insertSection 7137 of the end insertbegin insertBusiness and Professions Codeend insert
31
begin insert is amended to read:end insert

32

7137.  

The board shall set fees by regulation. These fees shall
33not exceed the following schedule:

34(a) The application fee for an original license in a single
35classification shall not be more than three hundred dollars ($300).

36The application fee for each additional classification applied for
37in connection with an original license shall not be more than
38seventy-five dollars ($75).

39The application fee for each additional classification pursuant
40to Section 7059 shall not be more than seventy-five dollars ($75).

P83   1The application fee to replace a responsible managing officer,
2responsible managing manager, responsible managing member,
3or responsible managing employee pursuant to Section 7068.2
4shall not be more than seventy-five dollars ($75).

5(b) The fee for rescheduling an examination for an applicant
6who has applied for an original license, additional classification,
7a change of responsible managing officer, responsible managing
8manager, responsible managing member, or responsible managing
9employee, or for an asbestos certification or hazardous substance
10removal certification, shall not be more than sixty dollars ($60).

11(c) The fee for scheduling or rescheduling an examination for
12a licensee who is required to take the examination as a condition
13of probation shall not be more than sixty dollars ($60).

14(d) The initial license fee for an active or inactive license shall
15not be more than one hundred eighty dollars ($180).

16(e) The renewal fee for an active license shall not be more than
17three hundred sixty dollars ($360).

18The renewal fee for an inactive license shall not be more than
19one hundred eighty dollars ($180).

20(f) The delinquency fee is an amount equal to 50 percent of the
21renewal fee, if the license is renewed after its expiration.

22(g) The registration fee for a home improvement salesperson
23shall not be more than seventy-five dollars ($75).

24(h) The renewal fee for a home improvement salesperson
25registration shall not be more than seventy-five dollars ($75).

26(i) The application fee for an asbestos certification examination
27shall not be more than seventy-five dollars ($75).

28(j) The application fee for a hazardous substance removal or
29remedial action certification examination shall not be more than
30seventy-five dollars ($75).

31(k) In addition to any other fees charged to C-10 and C-7
32contractors, the board may charge a fee not to exceed twenty dollars
33($20), which shall be used by the board to enforce provisions of
34the Labor Code related to electrician certification.

begin insert

35
(l) This section shall become inoperative on July 1, 2017, and
36as of January 1, 2018, is repealed.

end insert
37begin insert

begin insertSEC. 44.end insert  

end insert

begin insertSection 7137 is added to the end insertbegin insertBusiness and Professions
38Code
end insert
begin insert, to read:end insert

begin insert
39

begin insert7137.end insert  

The board may set fees by regulation. These fees shall
40be set according to the following schedule:

P84   1
(a) (1) The application fee for an original license in a single
2classification shall be three hundred thirty dollars ($330) and may
3be increased to not more than three hundred seventy-five dollars
4($375).

5
(2) The application fee for each additional classification applied
6for in connection with an original license shall not be more than
7eighty-five dollars ($85).

8
(3) The application fee for each additional classification
9pursuant to Section 7059 shall be one hundred fifty dollars ($150)
10and may be increased to not more than one hundred seventy-five
11dollars ($175).

12
(4) The application fee to replace a responsible managing
13officer, responsible managing manager, responsible managing
14member, or responsible managing employee pursuant to Section
157068.2 shall be one hundred fifty dollars ($150) and may be
16increased to not more than one hundred seventy-five dollars ($175).

17
(5) The application fee to add personnel, other than a qualifying
18individual, to an existing license shall be one hundred dollars
19($100) and may be increased to not more than one hundred fifteen
20dollars ($115).

21
(b) The fee for rescheduling an examination for an applicant
22who has applied for an original license, additional classification,
23a change of responsible managing officer, responsible managing
24manager, responsible managing member, or responsible managing
25employee, or for an asbestos certification or hazardous substance
26removal certification, shall not be more than seventy dollars ($70).

27
(c) The fee for scheduling or rescheduling an examination for
28a licensee who is required to take the examination as a condition
29of probation shall not be more than seventy dollars ($70).

30
(d) The initial license fee for an active or inactive license shall
31be two hundred dollars ($200) and may be increased to not more
32than two hundred twenty-five dollars ($225).

33
(e) (1) The renewal fee for an active license shall be four
34hundred dollars ($400) and may be increased to not more than
35four hundred fifty dollars ($450).

36
(2) The renewal fee for an inactive license shall be two hundred
37dollars ($200) and may be increased to not more than two hundred
38twenty-five dollars ($225).

39
(f) The delinquency fee is an amount equal to 50 percent of the
40renewal fee, if the license is renewed after its expiration.

P85   1
(g) The registration fee for a home improvement salesperson
2shall be eighty-three dollars ($83) and may be increased to not
3more than ninety-five dollars ($95).

4
(h) The renewal fee for a home improvement salesperson
5registration shall be eighty-three dollars ($83) and may be
6increased to not more than ninety-five dollars ($95).

7
(i) The application fee for an asbestos certification examination
8shall be eighty-three dollars ($83) and may be increased to not
9more than ninety-five dollars ($95).

10
(j) The application fee for a hazardous substance removal or
11remedial action certification examination shall be eighty-three
12dollars ($83) and may be increased to not more than ninety-five
13dollars ($95).

14
(k) In addition to any other fees charged to C-10 and C-7
15contractors, the board may charge a fee not to exceed twenty
16dollars ($20), which shall be used by the board to enforce
17provisions of the Labor Code related to electrician certification.

18
(l) The board shall, by regulation, establish criteria for the
19approval of expedited processing of applications. Approved
20expedited processing of applications for licensure or registration,
21as required by other provisions of law, shall not be subject to this
22subdivision.

23
(m) This section shall become operative on July 1, 2017.

end insert
24

begin deleteSEC. 35.end delete
25
begin insertSEC. 45.end insert  

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

27

7153.3.  

(a) To renew a home improvement salesperson
28registration, which has not expired, the registrant shall before the
29time at which the registration would otherwise expire, apply for
30renewal on a form prescribed by the registrar and pay a renewal
31fee prescribed by this chapter. Renewal of an unexpired registration
32shall continue the registration in effect for the two-year period
33following the expiration date of the registration, when it shall
34expire if it is not again renewed.

35(b) An application for renewal of registration is delinquent if
36the application is not postmarked or received via electronic
37transmission as authorized by Section 7156.6 by the date on which
38the registration would otherwise expire. A registration may,
39however, still be renewed at any time within three years after its
40expiration upon the filing of an application for renewal on a form
P86   1prescribed by the registrar and the payment of the renewal fee
2prescribed by this chapter and a delinquent renewal penaltybegin delete equal
3to 50 percent of the renewal fee.end delete
begin insert in the amount of twenty-five
4dollars ($25).end insert
If a registration is not renewed within three years,
5the person shall make a new application for registration pursuant
6to Section 7153.1.

7(c) The registrar may refuse to renew a registration for failure
8by the registrant to complete the application for renewal of
9registration. If a registrant fails to return the application rejected
10for insufficiency or incompleteness within 90 days from the
11original date of rejection, the application and fee shall be deemed
12abandoned. Any application abandoned may not be reinstated.
13However, the person may file a new application for registration
14pursuant to Section 7153.1.

15The registrar may review and accept the petition of a person who
16disputes the abandonment of his or her renewal application upon
17a showing of good cause. This petition shall be received within 90
18days of the date the application for renewal is deemed abandoned.

begin insert

19
(d) This section shall become inoperative on July 1, 2017, and
20as of January 1, 2018, is repealed.

end insert
21begin insert

begin insertSEC. 46.end insert  

end insert

begin insertSection 7153.3 is added to the end insertbegin insertBusiness and
22Professions Code
end insert
begin insert, to read:end insert

begin insert
23

begin insert7153.3.end insert  

(a) To renew a home improvement salesperson
24registration, which has not expired, the registrant shall before the
25time at which the registration would otherwise expire, apply for
26renewal on a form prescribed by the registrar and pay a renewal
27fee prescribed by this chapter. Renewal of an unexpired
28registration shall continue the registration in effect for the two-year
29period following the expiration date of the registration, when it
30shall expire if it is not again renewed.

31
(b) An application for renewal of registration is delinquent if
32the application is not postmarked or received via electronic
33transmission as authorized by Section 7156.6 by the date on which
34the registration would otherwise expire. A registration may,
35however, still be renewed at any time within three years after its
36expiration upon the filing of an application for renewal on a form
37prescribed by the registrar and the payment of the renewal fee
38prescribed by this chapter and a delinquent renewal penalty equal
39to 50 percent of the renewal fee. If a registration is not renewed
P87   1within three years, the person shall make a new application for
2registration pursuant to Section 7153.1.

3
(c) (1) The registrar may refuse to renew a registration for
4failure by the registrant to complete the application for renewal
5of registration. If a registrant fails to return the application
6rejected for insufficiency or incompleteness within 90 days from
7the original date of rejection, the application and fee shall be
8deemed abandoned. Any application abandoned may not be
9reinstated. However, the person may file a new application for
10registration pursuant to Section 7153.1.

11
(2) The registrar may review and accept the petition of a person
12who disputes the abandonment of his or her renewal application
13upon a showing of good cause. This petition shall be received
14within 90 days of the date the application for renewal is deemed
15abandoned.

16
(d) This section shall become operative on July 1, 2017.

end insert
17

begin deleteSEC. 36.end delete
18
begin insertSEC. 47.end insert  

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

20

8031.  

The amount of the fees required by this chapter is that
21fixed by the board in accordance with the following schedule:

22(a) The fee for filing an application for each examination shall
23be no more than forty dollars ($40).

24(b) The fee for examination and reexamination for the written
25or practical part of the examination shall be in an amount fixed by
26the board, which shall be equal to the actual cost of preparing,
27administering, grading, and analyzing the examination, but shall
28not exceed seventy-five dollars ($75) for each separate part, for
29each administration.

30(c) The initial certificate fee is an amount equal to the renewal
31fee in effect on the last regular renewal date before the date on
32which the certificate is issued, except that, if the certificate will
33expire less than 180 days after its issuance, then the fee is 50
34percent of the renewal fee in effect on the last regular renewal date
35before the date on which the certificate is issued, or fifty dollars
36($50), whichever is greater. The board may, by appropriate
37regulation, provide for the waiver or refund of the initial certificate
38fee where the certificate is issued less than 45 days before the date
39on which it will expire.

P88   1(d) By a resolution adopted by the board, a renewal fee may be
2established in such amounts and at such times as the board may
3deem appropriate to meet its operational expenses and funding
4responsibilities as set forth in this chapter. The renewal fee shall
5not be more than two hundred fifty dollars ($250) nor less than
6ten dollars ($10) annually, with the following exception:

7Any person who is employed full time by the State of California
8as a hearing reporter and who does not otherwise render shorthand
9reporting services for a fee shall be exempt from licensure while
10in state employment and shall not be subject to the renewal fee
11provisions of this subdivision until 30 days after leaving state
12employment. The renewal fee shall, in addition to the amount fixed
13by this subdivision, include any unpaid fees required by this section
14plus any delinquency fee.

15(e) The duplicate certificate fee shall be no greater than ten
16dollars ($10).

17(f) The penalty for failure to notify the board of a change of
18name or address as required by Section 8024.6 shall be no greater
19than fifty dollars ($50).

20

begin deleteSEC. 37.end delete
21
begin insertSEC. 48.end insert  

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

23

8516.  

(a) This section, and Section 8519, apply only to wood
24destroying pests or organisms.

25(b) A registered company or licensee shall not commence work
26on a contract, or sign, issue, or deliver any documents expressing
27an opinion or statement relating to the absence or presence of wood
28destroying pests or organisms until an inspection has been made
29by a licensed Branch 3 field representative or operator employed
30by a registered company, except as provided in Section 8519.5.
31The address of each property inspected or upon which work is
32completed shall be reported on a form prescribed by the board and
33shall be filed with the board no later than 10 business days after
34the commencement of an inspection or upon completed work.

35Every property inspected pursuant to this subdivision or Section
368518 shall be assessed a filing fee pursuant to Section 8674.

37Failure of a registered company to report and file with the board
38the address of any property inspected or work completed pursuant
39to Section 8518 or this section is grounds for disciplinary action
40and shall subject the registered company to a fine of not more than
P89   1two thousand five hundred dollars ($2,500). The address of an
2inspection report prepared for use by an attorney for litigation
3purposes shall not be required to be reported to the board and shall
4not be assessed a filing fee.

5A written inspection report conforming to this section and a form
6approved by the board shall be prepared and delivered to the person
7requesting the inspection and the property owner, or to the property
8owner’s designated agent, within 10 business days from the start
9of the inspection, except that an inspection report prepared for use
10by an attorney for litigation purposes is not required to be reported
11to the board or the property owner. An inspection report may be
12a complete, limited, supplemental, or reinspection report, as defined
13by Section 1993 of Title 16 of the California Code of Regulations.
14The report shall be delivered before work is commenced on any
15property. The registered company shall retain for three years all
16inspection reports, field notes, and activity forms.

17Reports shall be made available for inspection and reproduction
18to the executive officer of the board or his or her duly authorized
19representative during business hours. All inspection reports or
20copies thereof shall be submitted to the board upon demand within
21two business days. The following shall be set forth in the report:

22(1) The start date of the inspection and the name of the licensed
23field representative or operator making the inspection.

24(2) The name and address of the person or firm ordering the
25report.

26(3) The name and address of the property owner and any person
27who is a party in interest.

28(4) The address or location of the property.

29(5) A general description of the building or premises inspected.

30(6) A foundation diagram or sketch of the structure or structures
31or portions of the structure or structures inspected, including the
32approximate location of any infested or infected areas evident, and
33the parts of the structure where conditions that would ordinarily
34subject those parts to attack by wood destroying pests or organisms
35exist. Reporting of the infested or infected wood members, or parts
36of the structure identified, shall be listed in the inspection report
37to clearly identify them, as is typical in standard construction
38components, including, but not limited to, siding, studs, rafters,
39floor joists, fascia, subfloor, sheathing, and trim boards.

P90   1(7) Information regarding the substructure, foundation walls
2and footings, porches, patios and steps, air vents, abutments, attic
3spaces, roof framing that includes the eaves, rafters, fascias,
4exposed timbers, exposed sheathing, ceiling joists, and attic walls,
5or other parts subject to attack by wood destroying pests or
6organisms. Conditions usually deemed likely to lead to infestation
7or infection, such as earth-wood contacts, excessive cellulose
8debris, faulty grade levels, excessive moisture conditions, evidence
9of roof leaks, and insufficient ventilation are to be reported.

10(8) One of the following statements, as appropriate, printed in
11bold type:

12(A) The exterior surface of the roof was not inspected. If you
13want the water tightness of the roof determined, you should contact
14a roofing contractor who is licensed by the Contractors’ State
15License Board.

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

18(9) Indication or description of any areas that are inaccessible
19or not inspected with recommendation for further inspection if
20practicable. If, after the report has been made in compliance with
21this section, authority is given later to open inaccessible areas, a
22supplemental report on conditions in these areas shall be made.

23(10) Recommendations for corrective measures.

24(11) Information regarding the pesticide or pesticides to be used
25for their control or prevention as set forth in subdivision (a) of
26Section 8538.

27(12) The inspection report shall clearly disclose that if requested
28by the person ordering the original report, a reinspection of the
29structure will be performed if an estimate or bid for making repairs
30was given with the original inspection report, or thereafter.

31An estimate or bid shall be given separately allocating the costs
32to perform each and every recommendation for corrective measures
33as specified in subdivision (c) with the original inspection report
34if the person who ordered the original inspection report so requests,
35and if the registered company is regularly in the business of
36performing each corrective measure.

37If no estimate or bid was given with the original inspection
38report, or thereafter, then the registered company shall not be
39required to perform a reinspection.

P91   1A reinspection shall be an inspection of those items previously
2listed on an original report to determine if the recommendations
3have been completed. Each reinspection shall be reported on an
4original inspection report form and shall be labeled “Reinspection.”
5Each reinspection shall also identify the original report by date.

6After four months from an original inspection, all inspections
7shall be original inspections and not reinspections.

8Any reinspection shall be performed for not more than the price
9of the registered company’s original inspection price and shall be
10completed within 10 business days after a reinspection has been
11ordered.

12(13) The inspection report shall contain the following statement,
13printed in boldface type:


15“NOTICE: Reports on this structure prepared by various
16registered companies should list the same findings (i.e. termite
17infestations, termite damage, fungus damage, etc.). However,
18recommendations to correct these findings may vary from company
19to company. You have a right to seek a second opinion from
20another company.”


22(c) At the time a report is ordered, the registered company or
23licensee shall inform the person or entity ordering the report, that
24a separate report is available pursuant to this subdivision. If a
25separate report is requested at the time the inspection report is
26ordered, the registered company or licensee shall separately identify
27on the report each recommendation for corrective measures as
28follows:

29(1) The infestation or infection that is evident.

30(2) The conditions that are present that are deemed likely to
31lead to infestation or infection.

32If a registered company or licensee fails to inform as required
33by this subdivision and a dispute arises, or if any other dispute
34arises as to whether this subdivision has been complied with, a
35separate report shall be provided within 24 hours of the request
36but, in no event, later than the next business day, and at no
37additional cost.

38(d) When a corrective condition is identified, either as paragraph
39(1) or (2) of subdivision (c), and the property owner or the property
40owner’s designated agent chooses not to correct those conditions,
P92   1the registered company or licensee shall not be liable for damages
2resulting from a failure to correct those conditions or subject to
3any disciplinary action by the board. Nothing in this subdivision,
4however, shall relieve a registered company or a licensee of any
5liability resulting from negligence, fraud, dishonest dealing, other
6violations pursuant to this chapter, or contractual obligations
7between the registered company or licensee and the responsible
8parties.

9(e) The inspection report form prescribed by the board shall
10separately identify the infestation or infection that is evident and
11the conditions that are present that are deemed likely to lead to
12infestation or infection. If a separate form is requested, the form
13shall explain the infestation or infection that is evident and the
14conditions that are present that are deemed likely to lead to
15infestation or infection and the difference between those conditions.
16In no event, however, shall conditions deemed likely to lead to
17infestation or infection be characterized as actual “defects” or as
18actual “active” infestations or infections or in need of correction
19as a precondition to issuing a certification pursuant to Section
208519.

21(f) The report and any contract entered into shall also state
22specifically when any guarantee for the work is made, and if so,
23the specific terms of the guarantee and the period of time for which
24the guarantee shall be in effect. If a guarantee extends beyond three
25years, the registered company shall maintain all original inspection
26reports, field notes, activity forms, and notices of completion for
27the duration of the guarantee period and for one year after the
28guarantee expires.

29(g) For purposes of this section, “control service agreement”
30means an agreement, including extended warranties, to have a
31licensee conduct over a period of time regular inspections and
32other activities related to the control or eradication of wood
33destroying pests and organisms. Under a control service agreement
34a registered company shall refer to the original report and contract
35in a manner as to identify them clearly, and the report shall be
36assumed to be a true report of conditions as originally issued,
37except it may be modified after a control service inspection. A
38registered company is not required to issue a report as outlined in
39paragraphs (1) to (11), inclusive, of subdivision (b) after each
40control service inspection. If after control service inspection, no
P93   1modification of the original report is made in writing, then it will
2be assumed that conditions are as originally reported. A control
3service contract shall state specifically the particular wood
4destroying pests or organisms and the portions of the buildings or
5structures covered by the contract.

6(h) A registered company or licensee may enter into and
7maintain a control service agreement provided the following
8requirements are met:

9(1) The control service agreement shall be in writing, signed by
10both parties, and shall specifically include the following:

11(A) The wood destroying pests and organisms covered by the
12control service agreement.

13(B) Any wood destroying pest or organism that is not covered
14must be specifically listed.

15(C) The type and manner of treatment to be used to correct the
16infestations or infections.

17(D) The structures or buildings, or portions thereof, covered by
18the agreement, including a statement specifying whether the
19coverage for purposes of periodic inspections is limited or full.
20Any exclusions from those described in the original report must
21be specifically listed.

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

23(F) The frequency of the inspections to be provided, the fee to
24be charged for each renewal, and the duration of the agreement.

25(G) Whether the fee includes structural repairs.

26(H) If the services provided are guaranteed, and, if so, the terms
27of the guarantee.

28(I) A statement that all corrections of infestations or infections
29covered by the control service agreement shall be completed within
30six months of discovery, unless otherwise agreed to in writing by
31both parties.

32(2) The original inspection report, the control service agreement,
33and completion report shall be maintained for three years after the
34cancellation of the control service agreement.

35(3) Inspections made pursuant to a control service agreement
36shall be conducted by a Branch 3 licensee. Section 8506.1 does
37not modify this provision.

38(4) A full inspection of the property covered by the control
39service agreement shall be conducted and a report filed pursuant
40to subdivision (b) at least once every three years from the date that
P94   1the agreement was entered into, unless the consumer cancels the
2contract within three years from the date the agreement was entered
3into.

4(5) Under a control service agreement, a written report shall be
5required for the correction of any infestation or infection unless
6all of the following conditions are met:

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

8(B) The infestation or infection is covered by the control service
9agreement.

10(C) There is no additional charge for correcting the infestation
11or infection.

12(D) Correction of the infestation or infection takes place within
1345 days of its discovery.

14(E) Correction of the infestation or infection does not include
15fumigation.

16(6) All notice requirements pursuant to Section 8538 shall apply
17to all pesticide treatments conducted under control service
18agreements.

19(i) All work recommended by a registered company, where an
20estimate or bid for making repairs was given with the original
21inspection report, or thereafter, shall be recorded on this report or
22a separate work agreement and shall specify a price for each
23recommendation. This information shall be provided to the person
24requesting the inspection, and shall be retained by the registered
25company with the inspection report copy for three years.

26

begin deleteSEC. 38.end delete
27
begin insertSEC. 49.end insert  

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

29

8518.  

(a) When a registered company completes work under
30a contract, it shall prepare, on a form prescribed by the board, a
31notice of work completed and not completed, and shall furnish
32that notice to the owner of the property or the owner’s agent within
3310 business days after completing the work. The notice shall
34include a statement of the cost of the completed work and estimated
35cost of work not completed.

36(b) The address of each property inspected or upon which work
37was completed shall be reported on a form prescribed by the board
38and shall be filed with the board no later than 10 business days
39after completed work.

P95   1(c) A filing fee shall be assessed pursuant to Section 8674 for
2every property upon which work is completed.

3(d) Failure of a registered company to report and file with the
4board the address of any property upon which work was completed
5pursuant to subdivision (b) of Section 8516 or this section is
6grounds for disciplinary action and shall subject the registered
7company to a fine of not more than two thousand five hundred
8dollars ($2,500).

9(e) The registered company shall retain for three years all
10original notices of work completed, work not completed, and
11activity forms.

12(f) Notices of work completed and not completed shall be made
13available for inspection and reproduction to the executive officer
14of the board or his or her duly authorized representative during
15business hours. Original notices of work completed or not
16completed or copies thereof shall be submitted to the board upon
17request within two business days.

18(g) This section shall only apply to work relating to wood
19destroying pests or organisms.

20begin insert

begin insertSEC. 50.end insert  

end insert

begin insertSection 13401 of the end insertbegin insertCorporations Codeend insertbegin insert is amended
21to read:end insert

22

13401.  

As used in this part:

23(a) “Professional services” means any type of professional
24services that may be lawfully rendered only pursuant to a license,
25certification, or registration authorized by the Business and
26Professions Code, the Chiropractic Act, or the Osteopathic Act.

27(b) “Professional corporation” means a corporation organized
28under the General Corporation Law or pursuant to subdivision (b)
29of Section 13406 that is engaged in rendering professional services
30in a single profession, except as otherwise authorized in Section
3113401.5, pursuant to a certificate of registration issued by the
32governmental agency regulating the profession as herein provided
33and that in its practice or business designates itself as a professional
34or other corporation as may be required by statute. However, any
35professional corporation or foreign professional corporation
36rendering professional services by persons duly licensed by the
37Medical Board ofbegin delete California or any examining committee under
38the jurisdiction of the board,end delete
begin insert California, the California Board of
39Podiatric Medicine,end insert
the Osteopathic Medical Board of California,
40the Dental Board of California, the Dental Hygiene Committee of
P96   1California, the California State Board of Pharmacy, the Veterinary
2Medical Board, the California Architects Board, the Court
3Reporters Board of California, the Board of Behavioral Sciences,
4the Speech-Language Pathology and Audiology Board, the Board
5of Registered Nursing, or the State Board of Optometry shall not
6be required to obtain a certificate of registration in order to render
7those professional services.

8(c) “Foreign professional corporation” means a corporation
9organized under the laws of a state of the United States other than
10this state that is engaged in a profession of a type for which there
11is authorization in the Business and Professions Code for the
12performance of professional services by a foreign professional
13corporation.

14(d) “Licensed person” means any natural person who is duly
15licensed under the provisions of the Business and Professions
16Code, the Chiropractic Act, or the Osteopathic Act to render the
17same professional services as are or will be rendered by the
18professional corporation or foreign professional corporation of
19which he or she is, or intends to become, an officer, director,
20shareholder, or employee.

21(e) “Disqualified person” means a licensed person who for any
22reason becomes legally disqualified (temporarily or permanently)
23to render the professional services that the particular professional
24corporation or foreign professional corporation of which he or she
25is an officer, director, shareholder, or employee is or was rendering.

26

begin deleteSEC. 39.end delete
27
begin insertSEC. 51.end insert  

Section 1348.8 of the Health and Safety Code is
28amended to read:

29

1348.8.  

(a) A health care service plan that provides, operates,
30or contracts for telephone medical advice services to its enrollees
31and subscribers shall do all of the following:

32(1) Ensure that the in-state or out-of-state telephone medical
33advice service complies with the requirements of Chapter 15
34(commencing with Section 4999) of Division 2 of the Business
35and Professions Code.

36(2) Ensure that the staff providing telephone medical advice
37services for the in-state or out-of-state telephone medical advice
38service are licensed as follows:

39(A) For full service health care service plans, the staff hold a
40valid California license as a registered nurse or a valid license in
P97   1the state within which they provide telephone medical advice
2services as a physician and surgeon or physician assistant, and are
3operating in compliance with the laws governing their respective
4scopes of practice.

5(B) (i) For specialized health care service plans providing,
6operating, or contracting with a telephone medical advice service
7in California, the staff shall be appropriately licensed, registered,
8or certified as a dentist pursuant to Chapter 4 (commencing with
9Section 1600) of Division 2 of the Business and Professions Code,
10as a dental hygienist pursuant to Article 7 (commencing with
11Section 1740) of Chapter 4 of Division 2 of the Business and
12Professions Code, as a physician and surgeon pursuant to Chapter
135 (commencing with Section 2000) of Division 2 of the Business
14and Professions Code or the Osteopathic Initiative Act, as a
15registered nurse pursuant to Chapter 6 (commencing with Section
162700) of Division 2 of the Business and Professions Code, as a
17psychologist pursuant to Chapter 6.6 (commencing with Section
182900) of Division 2 of the Business and Professions Code, as an
19optometrist pursuant to Chapter 7 (commencing with Section 3000)
20of Division 2 of the Business and Professions Code, as a marriage
21and family therapist pursuant to Chapter 13 (commencing with
22Section 4980) of Division 2 of the Business and Professions Code,
23as a licensed clinical social worker pursuant to Chapter 14
24(commencing with Section 4991) of Division 2 of the Business
25and Professions Code, as a professional clinical counselor pursuant
26to Chapter 16 (commencing with Section 4999.10) of Division 2
27of the Business and Professions Code, or as a chiropractor pursuant
28to the Chiropractic Initiative Act, and operating in compliance
29with the laws governing their respective scopes of practice.

30(ii) For specialized health care service plans providing,
31operating, or contracting with an out-of-state telephone medical
32advice service, the staff shall be health care professionals, as
33identified in clause (i), who are licensed, registered, or certified
34in the state within which they are providing the telephone medical
35advice services and are operating in compliance with the laws
36governing their respective scopes of practice. All registered nurses
37providing telephone medical advice services to both in-state and
38out-of-state business entities registered pursuant to this chapter
39shall be licensed pursuant to Chapter 6 (commencing with Section
402700) of Division 2 of the Business and Professions Code.

P98   1(3) Ensure that every full service health care service plan
2provides for a physician and surgeon who is available on an on-call
3basis at all times the service is advertised to be available to
4enrollees and subscribers.

5(4) Ensure that staff members handling enrollee or subscriber
6calls, who are not licensed, certified, or registered as required by
7paragraph (2), do not provide telephone medical advice. Those
8staff members may ask questions on behalf of a staff member who
9is licensed, certified, or registered as required by paragraph (2),
10in order to help ascertain the condition of an enrollee or subscriber
11so that the enrollee or subscriber can be referred to licensed staff.
12However, under no circumstances shall those staff members use
13the answers to those questions in an attempt to assess, evaluate,
14advise, or make any decision regarding the condition of an enrollee
15or subscriber or determine when an enrollee or subscriber needs
16to be seen by a licensed medical professional.

17(5) Ensure that no staff member uses a title or designation when
18speaking to an enrollee or subscriber that may cause a reasonable
19person to believe that the staff member is a licensed, certified, or
20registered professional described in Section 4999.2 of the Business
21and Professions Code unless the staff member is a licensed,
22certified, or registered professional.

23(6) Ensure that the in-state or out-of-state telephone medical
24advice service designates an agent for service of process in
25California and files this designation with the director.

26(7) begin deleteRequires end deletebegin insertRequire end insertthat the in-state or out-of-state telephone
27medical advice service makes and maintains records for a period
28of five years after the telephone medical advice services are
29provided, including, but not limited to, oral or written transcripts
30of all medical advice conversations with the health care service
31plan’s enrollees or subscribers in California and copies of all
32complaints. If the records of telephone medical advice services
33are kept out of state, the health care service plan shall, upon the
34request of the director, provide the records to the director within
3510 days of the request.

36(8) Ensure that the telephone medical advice services are
37provided consistent with good professional practice.

38(b) The director shall forward to the Department of Consumer
39Affairs, within 30 days of the end of each calendar quarter, data
P99   1regarding complaints filed with the department concerning
2telephone medical advice services.

3(c) For purposes of this section, “telephone medical advice”
4means a telephonic communication between a patient and a health
5care professional in which the health care professional’s primary
6function is to provide to the patient a telephonic response to the
7patient’s questions regarding his or her or a family member’s
8medical care or treatment. “Telephone medical advice” includes
9assessment, evaluation, or advice provided to patients or their
10family members.

11

begin deleteSEC. 40.end delete
12
begin insertSEC. 52.end insert  

Section 10279 of the Insurance Code is amended to
13read:

14

10279.  

(a) Every disability insurer that provides group or
15individual policies of disability, or both, that provides, operates,
16or contracts for, telephone medical advice services to its insureds
17shall do all of the following:

18(1) Ensure that the in-state or out-of-state telephone medical
19advice service complies with the requirements of Chapter 15
20(commencing with Section 4999) of Division 2 of the Business
21and Professions Code.

22(2) Ensure that the staff providing telephone medical advice
23services for the in-state or out-of-state telephone medical advice
24service hold a valid California license as a registered nurse or a
25valid license in the state within which they provide telephone
26medical advice services as a physician and surgeon or physician
27assistant and are operating consistent with the laws governing their
28respective scopes of practice.

29(3) Ensure that a physician and surgeon is available on an on-call
30basis at all times the service is advertised to be available to
31enrollees and subscribers.

32(4) Ensure that the in-state or out-of-state telephone medical
33advice service designates an agent for service of process in
34California and files this designation with the commissioner.

35(5) Require that the in-state or out-of-state telephone medical
36advice service makes and maintains records for a period of five
37 years after the telephone medical advice services are provided,
38including, but not limited to, oral or written transcripts of all
39medical advice conversations with the disability insurer’s insureds
40in California and copies of all complaints. If the records of
P100  1telephone medical advice services are kept out of state, the insurer
2shall, upon the request of the director, provide the records to the
3director within 10 days of the request.

4(6) Ensure that the telephone medical advice services are
5provided consistent with good professional practice.

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

10

begin deleteSEC. 41.end delete
11
begin insertSEC. 53.end insert  

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



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