Amended in Assembly June 30, 2016

Amended in Assembly June 22, 2016

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 delete 115.6, 144, 146, 651, 656, 683, 800, 805, 805.1, 805.5, 805.6, 810,end delete 1944,begin delete 2052.5, 2423,end deletebegin insert 2472, 2499.5,end insert 2733, 2746.51, 2786.5, 2811, 2811.5, 2815, 2815.5, 2816, 2830.7, 2836.3, 2838.2, 4128.2,begin delete 4170, 4175,end delete 4830, 4999, 4999.2, 8516, and 8518 of, to amend, repeal, and add Sections 4400, 7137, and 7153.3 of,begin delete to add Chapter 3.5 (commencing with Section 1460) to Division 2 of,end delete to repeal Sections 4999.1, 4999.3, 4999.4, and 4999.6 of,begin delete to repeal Article 22 (commencing with Section 2460) of Chapter 5 of Division 2 of,end delete and to repeal and add Sections 2546.9, 2565, 2566, 2566.1, and 4999.5 of, the Business and Professions Code,begin delete to amend Section 13401 of the Corporations Code,end delete 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) Existing law, the Dental Practice Act, requires the Dental Hygiene Committee of California to establish by resolution the amount of the fees that relate to the licensing of a registered dental hygienist, a registered dental hygienist in alternative practice, and a registered dental hygienist in extended functions. Existing law prohibits the biennial renewal fee from exceeding $160. Existing law requires these fees to be deposited in the State Dental Hygiene Fund and makes these moneys subject to appropriation by the Legislature.

This bill would instead prohibit the biennial renewal fee from exceeding $500.

(3) The Medical Practice Act creates, within the jurisdiction of the Medical Board of California, the California Board of Podiatricbegin delete Medicine.end delete

begin delete

This bill would remove the California Board of Podiatric Medicine from the jurisdiction of the Medical Board of California and would instead establish it within the Department of Consumer Affairs. The bill would revise and recast the podiatry provisions in this regard.

end delete

begin deleteExistingend deletebegin insert Medicine. Under the act, only a doctor of podiatric medicine who is ankle certified by the California Board of Podiatric Medicine on and after January 1, 1984, may perform certain surgical procedures. Existingend insert law establishes various fees applicable to certificates to practice podiatric medicine, including, but not limited to, an application fee, a duplicate wall certificate fee, a duplicate renewalbegin delete receipt,end deletebegin insert receipt fee,end insert a letter of good standing fee or a letter for a loan deferment fee, a fee for the issuance of a resident’s license, a filing fee to appeal the failure of an oral examination, and a fee for continuing education approval. Existing law also establishes a fee for ankle certification for persons licensed prior to January 1, 1984. Existing law requires these fees to be deposited in the Board of Podiatric Medicine Fund and makes these fees subject to appropriation by the Legislature.

This billbegin insert would authorize a doctor of podiatric medicine to perform those surgical procedures regardless of whether he or she has been ankle certified,end insert would delete that ankle certificationbegin delete feeend deletebegin insert fee,end insert and would increase the amounts of those other fees.

(4) Existing law makes the State Board of Optometry responsible for the regulation of nonresident contact lens sellers, registered dispensing opticians, spectacle lens dispensers, and contact lens dispensers. Existing law establishes regulatory fees in this regard, including, but not limited to, an initial registration fee, a renewal fee, and a delinquency fee. Existing law requires these fees to be deposited in the Dispensing Opticians Fund and makes these fees available, subject to appropriation, to the State Board of Optometry.

This bill would establish a specified minimum and maximum application fee amount for nonresident contact lens sellers, registered dispensing opticians, and spectacle lens dispensers. The bill would also establish increased minimum and maximum amounts for those already established fees. The bill would authorize the State Board of Optometry to periodically revise and fix these fees, as specified.

(5) 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.

(6) 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.

(7) 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.

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.

(8) 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.

(9) 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, requires the board to set the fees by regulation, and requires fees and civil penalties received under that law to be deposited in the Contractors’ License Fund, which is a continuously appropriated fund as it pertains to fees collected by the board.

This bill, on and after July 1, 2017, would raise specified fees, would instead authorize the board to set the fees by regulation, 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.

(10) 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.

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

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

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

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

P6    1

SECTION 1.  

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

begin delete
6

SEC. 2.  

Section 115.6 of the Business and Professions Code
7 is amended to read:

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.

P7    1(3) Psychiatric technician license issued by the Board of
2Vocational Nursing and Psychiatric Technicians of the State of
3California.

4(4) Speech-language pathologist license issued by the
5Speech-Language Pathology and Audiology and Hearing Aid
6Dispensers Board.

7(5) Audiologist license issued by the Speech-Language
8Pathology and Audiology and Hearing Aid Dispensers Board.

9(6) Veterinarian license issued by the Veterinary Medical Board.

10(7) All licenses issued by the Board for Professional Engineers,
11Land Surveyors, and Geologists.

12(8) All licenses issued by the Medical Board of California.

13(9) All licenses issued by the California Board of Podiatric
14Medicine.

15(b) The board may conduct an investigation of an applicant for
16purposes of denying or revoking a temporary license issued
17pursuant to this section. This investigation may include a criminal
18background check.

19(c) An applicant seeking a temporary license pursuant to this
20section shall meet the following requirements:

21(1) The applicant shall supply evidence satisfactory to the board
22that the applicant is married to, or in a domestic partnership or
23other legal union with, an active duty member of the Armed Forces
24of the United States who is assigned to a duty station in this state
25under official active duty military orders.

26(2) The applicant shall hold a current, active, and unrestricted
27license that confers upon him or her the authority to practice, in
28another state, district, or territory of the United States, the
29profession or vocation for which he or she seeks a temporary
30license from the board.

31(3) The applicant shall submit an application to the board that
32shall include a signed affidavit attesting to the fact that he or she
33meets all of the requirements for the temporary license and that
34the information submitted in the application is accurate, to the best
35of his or her knowledge. The application shall also include written
36verification from the applicant’s original licensing jurisdiction
37stating that the applicant’s license is in good standing in that
38jurisdiction.

39(4) The applicant shall not have committed an act in any
40jurisdiction that would have constituted grounds for denial,
P8    1 suspension, or revocation of the license under this code at the time
2the act was committed. A violation of this paragraph may be
3grounds for the denial or revocation of a temporary license issued
4by the board.

5(5) The applicant shall not have been disciplined by a licensing
6entity in another jurisdiction and shall not be the subject of an
7unresolved complaint, review procedure, or disciplinary proceeding
8conducted by a licensing entity in another jurisdiction.

9(6) The applicant shall, upon request by a board, furnish a full
10set of fingerprints for purposes of conducting a criminal
11background check.

12(d) A board may adopt regulations necessary to administer this
13section.

14(e) A temporary license issued pursuant to this section may be
15immediately terminated upon a finding that the temporary
16licenseholder failed to meet any of the requirements described in
17subdivision (c) or provided substantively inaccurate information
18that would affect his or her eligibility for temporary licensure.
19Upon termination of the temporary license, the board shall issue
20a notice of termination that shall require the temporary
21licenseholder to immediately cease the practice of the licensed
22profession upon receipt.

23(f) An applicant seeking a temporary license as a civil engineer,
24geotechnical engineer, structural engineer, land surveyor,
25professional geologist, professional geophysicist, certified
26engineering geologist, or certified hydrogeologist pursuant to this
27section shall successfully pass the appropriate California-specific
28examination or examinations required for licensure in those
29respective professions by the Board for Professional Engineers,
30Land Surveyors, and Geologists.

31(g) A temporary license issued pursuant to this section shall
32expire 12 months after issuance, upon issuance of an expedited
33license pursuant to Section 115.5, or upon denial of the application
34for expedited licensure by the board, whichever occurs first.

35

SEC. 3.  

Section 144 of the Business and Professions Code is
36amended to read:

37

144.  

(a) Notwithstanding any other provision of law, an agency
38designated in subdivision (b) shall require an applicant to furnish
39to the agency a full set of fingerprints for purposes of conducting
40criminal history record checks. Any agency designated in
P9    1subdivision (b) may obtain and receive, at its discretion, criminal
2history information from the Department of Justice and the United
3States Federal Bureau of Investigation.

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

5(1) California Board of Accountancy.

6(2) State Athletic Commission.

7(3) Board of Behavioral Sciences.

8(4) Court Reporters Board of California.

9(5) State Board of Guide Dogs for the Blind.

10(6) California State Board of Pharmacy.

11(7) Board of Registered Nursing.

12(8) Veterinary Medical Board.

13(9) Board of Vocational Nursing and Psychiatric Technicians.

14(10) Respiratory Care Board of California.

15(11) Physical Therapy Board of California.

16(12) Physician Assistant Committee of the Medical Board of
17California.

18(13) Speech-Language Pathology and Audiology and Hearing
19Aid Dispenser Board.

20(14) Medical Board of California.

21(15) State Board of Optometry.

22(16) Acupuncture Board.

23(17) Cemetery and Funeral Bureau.

24(18) Bureau of Security and Investigative Services.

25(19) Division of Investigation.

26(20) Board of Psychology.

27(21) California Board of Occupational Therapy.

28(22) Structural Pest Control Board.

29(23) Contractors’ State License Board.

30(24) Naturopathic Medicine Committee.

31(25) Professional Fiduciaries Bureau.

32(26) Board for Professional Engineers, Land Surveyors, and
33Geologists.

34(27) Bureau of Medical Marijuana Regulation.

35(28) California Board of Podiatric Medicine.

36(c) For purposes of paragraph (26) of subdivision (b), the term
37“applicant” shall be limited to an initial applicant who has never
38been registered or licensed by the board or to an applicant for a
39new licensure or registration category.

P10   1

SEC. 4.  

Section 146 of the Business and Professions Code is
2amended to read:

3

146.  

(a) Notwithstanding any other provision of law, a
4violation of any code section listed in subdivision (c) is an
5infraction subject to the procedures described in Sections 19.6 and
619.7 of the Penal Code when either of the following applies:

7(1) A complaint or a written notice to appear in court pursuant
8to Chapter 5c (commencing with Section 853.5) of Title 3 of Part
92 of the Penal Code is filed in court charging the offense as an
10infraction unless the defendant, at the time he or she is arraigned,
11after being advised of his or her rights, elects to have the case
12proceed as a misdemeanor.

13(2) The court, with the consent of the defendant and the
14prosecution, determines that the offense is an infraction in which
15event the case shall proceed as if the defendant has been arraigned
16on an infraction complaint.

17(b) Subdivision (a) does not apply to a violation of the code
18sections listed in subdivision (c) if the defendant has had his or
19her license, registration, or certificate previously revoked or
20suspended.

21(c) The following sections require registration, licensure,
22certification, or other authorization in order to engage in certain
23businesses or professions regulated by this code:

24(1) Section 1474.

25(2) Sections 2052 and 2054.

26(3) Section 2630.

27(4) Section 2903.

28(5) Section 3575.

29(6) Section 3660.

30(7) Sections 3760 and 3761.

31(8) Section 4080.

32(9) Section 4825.

33(10) Section 4935.

34(11) Section 4980.

35(12) Section 4989.50.

36(13) Section 4996.

37(14) Section 4999.30.

38(15) Section 5536.

39(16) Section 6704.

40(17) Section 6980.10.

P11   1(18) Section 7317.

2(19) Section 7502 or 7592.

3(20) Section 7520.

4(21) Section 7617 or 7641.

5(22) Subdivision (a) of Section 7872.

6(23) Section 8016.

7(24) Section 8505.

8(25) Section 8725.

9(26) Section 9681.

10(27) Section 9840.

11(28) Subdivision (c) of Section 9891.24.

12(29) Section 19049.

13(d) Notwithstanding any other law, a violation of any of the
14sections listed in subdivision (c), which is an infraction, is
15punishable by a fine of not less than two hundred fifty dollars
16($250) and not more than one thousand dollars ($1,000). No portion
17of the minimum fine may be suspended by the court unless as a
18condition of that suspension the defendant is required to submit
19proof of a current valid license, registration, or certificate for the
20profession or vocation that was the basis for his or her conviction.

21

SEC. 5.  

Section 651 of the Business and Professions Code is
22amended to read:

23

651.  

(a) It is unlawful for any person licensed under this
24division or under any initiative act referred to in this division to
25disseminate or cause to be disseminated any form of public
26communication containing a false, fraudulent, misleading, or
27deceptive statement, claim, or image for the purpose of or likely
28to induce, directly or indirectly, the rendering of professional
29services or furnishing of products in connection with the
30professional practice or business for which he or she is licensed.
31A “public communication” as used in this section includes, but is
32not limited to, communication by means of mail, television, radio,
33motion picture, newspaper, book, list or directory of healing arts
34practitioners, Internet, or other electronic communication.

35(b) A false, fraudulent, misleading, or deceptive statement,
36claim, or image includes a statement or claim that does any of the
37following:

38(1) Contains a misrepresentation of fact.

39(2) Is likely to mislead or deceive because of a failure to disclose
40material facts.

P12   1(3) (A) Is intended or is likely to create false or unjustified
2expectations of favorable results, including the use of any
3photograph or other image that does not accurately depict the
4results of the procedure being advertised or that has been altered
5in any manner from the image of the actual subject depicted in the
6photograph or image.

7(B) Use of any photograph or other image of a model without
8clearly stating in a prominent location in easily readable type the
9fact that the photograph or image is of a model is a violation of
10subdivision (a). For purposes of this paragraph, a model is anyone
11other than an actual patient, who has undergone the procedure
12being advertised, of the licensee who is advertising for his or her
13services.

14(C) Use of any photograph or other image of an actual patient
15that depicts or purports to depict the results of any procedure, or
16presents “before” and “after” views of a patient, without specifying
17in a prominent location in easily readable type size what procedures
18were performed on that patient is a violation of subdivision (a).
19Any “before” and “after” views (i) shall be comparable in
20 presentation so that the results are not distorted by favorable poses,
21lighting, or other features of presentation, and (ii) shall contain a
22statement that the same “before” and “after” results may not occur
23for all patients.

24(4) Relates to fees, other than a standard consultation fee or a
25range of fees for specific types of services, without fully and
26specifically disclosing all variables and other material factors.

27(5) Contains other representations or implications that in
28reasonable probability will cause an ordinarily prudent person to
29misunderstand or be deceived.

30(6) Makes a claim either of professional superiority or of
31performing services in a superior manner, unless that claim is
32relevant to the service being performed and can be substantiated
33with objective scientific evidence.

34(7) Makes a scientific claim that cannot be substantiated by
35reliable, peer reviewed, published scientific studies.

36(8) Includes any statement, endorsement, or testimonial that is
37likely to mislead or deceive because of a failure to disclose material
38facts.

39(c) Any price advertisement shall be exact, without the use of
40phrases, including, but not limited to, “as low as,” “and up,”
P13   1“lowest prices,” or words or phrases of similar import. Any
2advertisement that refers to services, or costs for services, and that
3uses words of comparison shall be based on verifiable data
4substantiating the comparison. Any person so advertising shall be
5prepared to provide information sufficient to establish the accuracy
6of that comparison. Price advertising shall not be fraudulent,
7deceitful, or misleading, including statements or advertisements
8of bait, discount, premiums, gifts, or any statements of a similar
9nature. In connection with price advertising, the price for each
10product or service shall be clearly identifiable. The price advertised
11for products shall include charges for any related professional
12services, including dispensing and fitting services, unless the
13advertisement specifically and clearly indicates otherwise.

14(d) Any person so licensed shall not compensate or give anything
15of value to a representative of the press, radio, television, or other
16communication medium in anticipation of, or in return for,
17professional publicity unless the fact of compensation is made
18known in that publicity.

19(e) Any person so licensed may not use any professional card,
20professional announcement card, office sign, letterhead, telephone
21directory listing, medical list, medical directory listing, or a similar
22professional notice or device if it includes a statement or claim
23that is false, fraudulent, misleading, or deceptive within the
24meaning of subdivision (b).

25(f) Any person so licensed who violates this section is guilty of
26a misdemeanor. A bona fide mistake of fact shall be a defense to
27this subdivision, but only to this subdivision.

28(g) Any violation of this section by a person so licensed shall
29constitute good cause for revocation or suspension of his or her
30license or other disciplinary action.

31(h) Advertising by any person so licensed may include the
32following:

33(1) A statement of the name of the practitioner.

34(2) A statement of addresses and telephone numbers of the
35offices maintained by the practitioner.

36(3) A statement of office hours regularly maintained by the
37practitioner.

38(4) A statement of languages, other than English, fluently spoken
39by the practitioner or a person in the practitioner’s office.

P14   1(5) (A) A statement that the practitioner is certified by a private
2or public board or agency or a statement that the practitioner limits
3his or her practice to specific fields.

4(B) A statement of certification by a practitioner licensed under
5Chapter 7 (commencing with Section 3000) shall only include a
6statement that he or she is certified or eligible for certification by
7a private or public board or parent association recognized by that
8practitioner’s licensing board.

9(C) A physician and surgeon licensed under Chapter 5
10(commencing with Section 2000) by the Medical Board of
11California may include a statement that he or she limits his or her
12practice to specific fields, but shall not include a statement that he
13or she is certified or eligible for certification by a private or public
14board or parent association, including, but not limited to, a
15multidisciplinary board or association, unless that board or
16association is (i) an American Board of Medical Specialties
17member board, (ii) a board or association with equivalent
18requirements approved by that physician and surgeon’s licensing
19board, or (iii) a board or association with an Accreditation Council
20for Graduate Medical Education approved postgraduate training
21program that provides complete training in that specialty or
22subspecialty. A physician and surgeon licensed under Chapter 5
23(commencing with Section 2000) by the Medical Board of
24California who is certified by an organization other than a board
25or association referred to in clause (i), (ii), or (iii) shall not use the
26term “board certified” in reference to that certification, unless the
27physician and surgeon is also licensed under Chapter 4
28(commencing with Section 1600) and the use of the term “board
29certified” in reference to that certification is in accordance with
30subparagraph (A). A physician and surgeon licensed under Chapter
315 (commencing with Section 2000) by the Medical Board of
32California who is certified by a board or association referred to in
33clause (i), (ii), or (iii) shall not use the term “board certified” unless
34the full name of the certifying board is also used and given
35comparable prominence with the term “board certified” in the
36statement.

37For purposes of this subparagraph, a “multidisciplinary board
38or association” means an educational certifying body that has a
39psychometrically valid testing process, as determined by the
40Medical Board of California, for certifying medical doctors and
P15   1other health care professionals that is based on the applicant’s
2education, training, and experience.

3For purposes of the term “board certified,” as used in this
4subparagraph, the terms “board” and “association” mean an
5organization that is an American Board of Medical Specialties
6 member board, an organization with equivalent requirements
7approved by a physician and surgeon’s licensing board, or an
8organization with an Accreditation Council for Graduate Medical
9Education approved postgraduate training program that provides
10complete training in a specialty or subspecialty.

11The Medical Board of California shall adopt regulations to
12establish and collect a reasonable fee from each board or
13association applying for recognition pursuant to this subparagraph.
14The fee shall not exceed the cost of administering this
15subparagraph. Notwithstanding Section 2 of Chapter 1660 of the
16Statutes of 1990, this subparagraph shall become operative July
171, 1993. However, an administrative agency or accrediting
18organization may take any action contemplated by this
19subparagraph relating to the establishment or approval of specialist
20requirements on and after January 1, 1991.

21(D) A doctor of podiatric medicine licensed under Chapter 3.5
22(commencing with Section 1460) by the California Board of
23Podiatric Medicine may include a statement that he or she is
24certified or eligible or qualified for certification by a private or
25public board or parent association, including, but not limited to, a
26multidisciplinary board or association, if that board or association
27meets one of the following requirements: (i) is approved by the
28Council on Podiatric Medical Education, (ii) is a board or
29association with equivalent requirements approved by the
30California Board of Podiatric Medicine, or (iii) is a board or
31association with the Council on Podiatric Medical Education
32approved postgraduate training programs that provide training in
33podiatric medicine and podiatric surgery. A doctor of podiatric
34medicine licensed under Chapter 3.5 (commencing with Section
351460) by the California Board of Podiatric Medicine who is
36certified by a board or association referred to in clause (i), (ii), or
37(iii) shall not use the term “board certified” unless the full name
38of the certifying board is also used and given comparable
39prominence with the term “board certified” in the statement. A
40doctor of podiatric medicine licensed under Chapter 3.5
P16   1(commencing with Section 1460) by the California Board of
2Podiatric Medicine who is certified by an organization other than
3a board or association referred to in clause (i), (ii), or (iii) shall not
4use the term “board certified” in reference to that certification.

5For purposes of this subparagraph, a “multidisciplinary board
6or association” means an educational certifying body that has a
7psychometrically valid testing process, as determined by the
8California Board of Podiatric Medicine, for certifying doctors of
9podiatric medicine that is based on the applicant’s education,
10training, and experience. For purposes of the term “board certified,”
11as used in this subparagraph, the terms “board” and “association”
12mean an organization that is a Council on Podiatric Medical
13Education approved board, an organization with equivalent
14requirements approved by the California Board of Podiatric
15Medicine, or an organization with a Council on Podiatric Medical
16Education approved postgraduate training program that provides
17training in podiatric medicine and podiatric surgery.

18The California Board of Podiatric Medicine shall adopt
19regulations to establish and collect a reasonable fee from each
20board or association applying for recognition pursuant to this
21subparagraph, to be deposited in the State Treasury in the Podiatry
22Fund, pursuant to Section 1499. The fee shall not exceed the cost
23of administering this subparagraph.

24(6) A statement that the practitioner provides services under a
25specified private or public insurance plan or health care plan.

26(7) A statement of names of schools and postgraduate clinical
27training programs from which the practitioner has graduated,
28together with the degrees received.

29(8) A statement of publications authored by the practitioner.

30(9) A statement of teaching positions currently or formerly held
31by the practitioner, together with pertinent dates.

32(10) A statement of his or her affiliations with hospitals or
33clinics.

34(11) A statement of the charges or fees for services or
35commodities offered by the practitioner.

36(12) A statement that the practitioner regularly accepts
37installment payments of fees.

38(13) Otherwise lawful images of a practitioner, his or her
39physical facilities, or of a commodity to be advertised.

P17   1(14) A statement of the manufacturer, designer, style, make,
2trade name, brand name, color, size, or type of commodities
3advertised.

4(15) An advertisement of a registered dispensing optician may
5include statements in addition to those specified in paragraphs (1)
6to (14), inclusive, provided that any statement shall not violate
7subdivision (a), (b), (c), or (e) or any other section of this code.

8(16) A statement, or statements, providing public health
9information encouraging preventative or corrective care.

10(17) Any other item of factual information that is not false,
11fraudulent, misleading, or likely to deceive.

12(i) Each of the healing arts boards and examining committees
13within Division 2 shall adopt appropriate regulations to enforce
14this section in accordance with Chapter 3.5 (commencing with
15Section 11340) of Part 1 of Division 3 of Title 2 of the Government
16Code.

17Each of the healing arts boards and committees and examining
18committees within Division 2 shall, by regulation, define those
19efficacious services to be advertised by businesses or professions
20under their jurisdiction for the purpose of determining whether
21advertisements are false or misleading. Until a definition for that
22service has been issued, no advertisement for that service shall be
23disseminated. However, if a definition of a service has not been
24issued by a board or committee within 120 days of receipt of a
25request from a licensee, all those holding the license may advertise
26the service. Those boards and committees shall adopt or modify
27regulations defining what services may be advertised, the manner
28in which defined services may be advertised, and restricting
29advertising that would promote the inappropriate or excessive use
30of health services or commodities. A board or committee shall not,
31by regulation, unreasonably prevent truthful, nondeceptive price
32or otherwise lawful forms of advertising of services or
33commodities, by either outright prohibition or imposition of
34onerous disclosure requirements. However, any member of a board
35or committee acting in good faith in the adoption or enforcement
36of any regulation shall be deemed to be acting as an agent of the
37state.

38(j) The Attorney General shall commence legal proceedings in
39the appropriate forum to enjoin advertisements disseminated or
40about to be disseminated in violation of this section and seek other
P18   1appropriate relief to enforce this section. Notwithstanding any
2other provision of law, the costs of enforcing this section to the
3respective licensing boards or committees may be awarded against
4any licensee found to be in violation of any provision of this
5section. This shall not diminish the power of district attorneys,
6county counsels, or city attorneys pursuant to existing law to seek
7appropriate relief.

8(k) A physician and surgeon licensed pursuant to Chapter 5
9(commencing with Section 2000) by the Medical Board of
10California or a doctor of podiatric medicine licensed pursuant to
11Chapter 3.5 (commencing with Section 1460) by the California
12Board of Podiatric Medicine who knowingly and intentionally
13violates this section may be cited and assessed an administrative
14fine not to exceed ten thousand dollars ($10,000) per event. Section
15125.9 shall govern the issuance of this citation and fine except that
16the fine limitations prescribed in paragraph (3) of subdivision (b)
17of Section 125.9 shall not apply to a fine under this subdivision.

18

SEC. 6.  

Section 656 of the Business and Professions Code is
19amended to read:

20

656.  

Whenever any person has engaged, or is about to engage,
21in any acts or practices that constitute, or will constitute, a violation
22of this article, the superior court in and for the county wherein the
23acts or practices take place, or are about to take place, may issue
24an injunction, or other appropriate order, restraining the conduct
25on application of the State Board of Optometry, the Medical Board
26of California, the California Board of Podiatric Medicine, the
27Osteopathic Medical Board of California, the Attorney General,
28or the district attorney of the county.

29The proceedings under this section shall be governed by Chapter
303 (commencing with Section 525) of Title 7 of Part 2 of the Code
31of Civil Procedure.

32The remedy provided for in this section shall be in addition to,
33and not a limitation upon, the authority provided by any other
34provision of this code.

35

SEC. 7.  

Section 683 of the Business and Professions Code is
36amended to read:

37

683.  

(a) A board shall report, within 10 working days, to the
38State Department of Health Care Services the name and license
39number of a person whose license has been revoked, suspended,
40surrendered, made inactive by the licensee, or placed in another
P19   1category that prohibits the licensee from practicing his or her
2profession. The purpose of the reporting requirement is to prevent
3reimbursement by the state for Medi-Cal and Denti-Cal services
4provided after the cancellation of a provider’s professional license.

5(b) “Board,” as used in this section, means the Dental Board of
6California, the Medical Board of California, the Board of
7Psychology, the State Board of Optometry, the California State
8Board of Pharmacy, the Osteopathic Medical Board of California,
9the State Board of Chiropractic Examiners, the Board of Behavioral
10Sciences, the California Board of Podiatric Medicine, and the
11California Board of Occupational Therapy.

12

SEC. 8.  

Section 800 of the Business and Professions Code is
13amended to read:

14

800.  

(a) The Medical Board of California, the California Board
15of Podiatric Medicine, the Board of Psychology, the Dental Board
16of California, the Dental Hygiene Committee of California, the
17Osteopathic Medical Board of California, the State Board of
18Chiropractic Examiners, the Board of Registered Nursing, the
19Board of Vocational Nursing and Psychiatric Technicians of the
20State of California, the State Board of Optometry, the Veterinary
21Medical Board, the Board of Behavioral Sciences, the Physical
22Therapy Board of California, the California State Board of
23Pharmacy, the Speech-Language Pathology and Audiology and
24Hearing Aid Dispensers Board, the California Board of
25Occupational Therapy, the Acupuncture Board, and the Physician
26 Assistant Board shall each separately create and maintain a central
27file of the names of all persons who hold a license, certificate, or
28similar authority from that board. Each central file shall be created
29and maintained to provide an individual historical record for each
30licensee with respect to the following information:

31(1) Any conviction of a crime in this or any other state that
32constitutes unprofessional conduct pursuant to the reporting
33requirements of Section 803.

34(2) Any judgment or settlement requiring the licensee or his or
35her insurer to pay any amount of damages in excess of three
36thousand dollars ($3,000) for any claim that injury or death was
37proximately caused by the licensee’s negligence, error or omission
38in practice, or by rendering unauthorized professional services,
39pursuant to the reporting requirements of Section 801 or 802.

P20   1(3) Any public complaints for which provision is made pursuant
2to subdivision (b).

3(4) Disciplinary information reported pursuant to Section 805,
4including any additional exculpatory or explanatory statements
5submitted by the licentiate pursuant to subdivision (f) of Section
6805. If a court finds, in a final judgment, that the peer review
7resulting in the 805 report was conducted in bad faith and the
8licensee who is the subject of the report notifies the board of that
9finding, the board shall include that finding in the central file. For
10purposes of this paragraph, “peer review” has the same meaning
11as defined in Section 805.

12(5) Information reported pursuant to Section 805.01, including
13any explanatory or exculpatory information submitted by the
14licensee pursuant to subdivision (b) of that section.

15(b) (1) Each board shall prescribe and promulgate forms on
16which members of the public and other licensees or certificate
17holders may file written complaints to the board alleging any act
18of misconduct in, or connected with, the performance of
19professional services by the licensee.

20(2) If a board, or division thereof, a committee, or a panel has
21failed to act upon a complaint or report within five years, or has
22found that the complaint or report is without merit, the central file
23shall be purged of information relating to the complaint or report.

24(3) Notwithstanding this subdivision, the Board of Psychology,
25the Board of Behavioral Sciences, and the Respiratory Care Board
26of California shall maintain complaints or reports as long as each
27board deems necessary.

28(c) (1) The contents of any central file that are not public
29records under any other provision of law shall be confidential
30except that the licensee involved, or his or her counsel or
31representative, shall have the right to inspect and have copies made
32of his or her complete file except for the provision that may
33disclose the identity of an information source. For the purposes of
34this section, a board may protect an information source by
35providing a copy of the material with only those deletions necessary
36to protect the identity of the source or by providing a
37comprehensive summary of the substance of the material.
38Whichever method is used, the board shall ensure that full
39disclosure is made to the subject of any personal information that
40could reasonably in any way reflect or convey anything detrimental,
P21   1disparaging, or threatening to a licensee’s reputation, rights,
2benefits, privileges, or qualifications, or be used by a board to
3make a determination that would affect a licensee’s rights, benefits,
4privileges, or qualifications. The information required to be
5disclosed pursuant to Section 803.1 shall not be considered among
6the contents of a central file for the purposes of this subdivision.

7(2) The licensee may, but is not required to, submit any
8additional exculpatory or explanatory statement or other
9information that the board shall include in the central file.

10(3) Each board may permit any law enforcement or regulatory
11agency when required for an investigation of unlawful activity or
12for licensing, certification, or regulatory purposes to inspect and
13have copies made of that licensee’s file, unless the disclosure is
14otherwise prohibited by law.

15(4) These disclosures shall effect no change in the confidential
16status of these records.

17

SEC. 9.  

Section 805 of the Business and Professions Code is
18amended to read:

19

805.  

(a) As used in this section, the following terms have the
20following definitions:

21(1) (A) “Peer review” means both of the following:

22(i) A process in which a peer review body reviews the basic
23qualifications, staff privileges, employment, medical outcomes,
24or professional conduct of licentiates to make recommendations
25for quality improvement and education, if necessary, in order to
26do either or both of the following:

27(I) Determine whether a licentiate may practice or continue to
28practice in a health care facility, clinic, or other setting providing
29medical services, and, if so, to determine the parameters of that
30 practice.

31(II) Assess and improve the quality of care rendered in a health
32care facility, clinic, or other setting providing medical services.

33(ii) Any other activities of a peer review body as specified in
34subparagraph (B).

35(B) “Peer review body” includes:

36(i) A medical or professional staff of any health care facility or
37clinic licensed under Division 2 (commencing with Section 1200)
38of the Health and Safety Code or of a facility certified to participate
39in the federal Medicare program as an ambulatory surgical center.

P22   1(ii) A health care service plan licensed under Chapter 2.2
2(commencing with Section 1340) of Division 2 of the Health and
3Safety Code or a disability insurer that contracts with licentiates
4to provide services at alternative rates of payment pursuant to
5Section 10133 of the Insurance Code.

6(iii) Any medical, psychological, marriage and family therapy,
7social work, professional clinical counselor, dental, or podiatric
8professional society having as members at least 25 percent of the
9eligible licentiates in the area in which it functions (which must
10include at least one county), which is not organized for profit and
11which has been determined to be exempt from taxes pursuant to
12Section 23701 of the Revenue and Taxation Code.

13(iv) A committee organized by any entity consisting of or
14employing more than 25 licentiates of the same class that functions
15for the purpose of reviewing the quality of professional care
16provided by members or employees of that entity.

17(2) “Licentiate” means a physician and surgeon, doctor of
18podiatric medicine, clinical psychologist, marriage and family
19therapist, clinical social worker, professional clinical counselor,
20dentist, or physician assistant. “Licentiate” also includes a person
21authorized to practice medicine pursuant to Section 2113 or 2168.

22(3) “Agency” means the relevant state licensing agency having
23regulatory jurisdiction over the licentiates listed in paragraph (2).

24(4) “Staff privileges” means any arrangement under which a
25licentiate is allowed to practice in or provide care for patients in
26a health facility. Those arrangements shall include, but are not
27limited to, full staff privileges, active staff privileges, limited staff
28privileges, auxiliary staff privileges, provisional staff privileges,
29temporary staff privileges, courtesy staff privileges, locum tenens
30arrangements, and contractual arrangements to provide professional
31services, including, but not limited to, arrangements to provide
32outpatient services.

33(5) “Denial or termination of staff privileges, membership, or
34employment” includes failure or refusal to renew a contract or to
35renew, extend, or reestablish any staff privileges, if the action is
36based on medical disciplinary cause or reason.

37(6) “Medical disciplinary cause or reason” means that aspect
38of a licentiate’s competence or professional conduct that is
39reasonably likely to be detrimental to patient safety or to the
40delivery of patient care.

P23   1(7) “805 report” means the written report required under
2subdivision (b).

3(b) The chief of staff of a medical or professional staff or other
4chief executive officer, medical director, or administrator of any
5 peer review body and the chief executive officer or administrator
6of any licensed health care facility or clinic shall file an 805 report
7with the relevant agency within 15 days after the effective date on
8which any of the following occur as a result of an action of a peer
9review body:

10(1) A licentiate’s application for staff privileges or membership
11is denied or rejected for a medical disciplinary cause or reason.

12(2) A licentiate’s membership, staff privileges, or employment
13is terminated or revoked for a medical disciplinary cause or reason.

14(3) Restrictions are imposed, or voluntarily accepted, on staff
15privileges, membership, or employment for a cumulative total of
1630 days or more for any 12-month period, for a medical disciplinary
17cause or reason.

18(c) If a licentiate takes any action listed in paragraph (1), (2),
19or (3) after receiving notice of a pending investigation initiated
20for a medical disciplinary cause or reason or after receiving notice
21that his or her application for membership or staff privileges is
22denied or will be denied for a medical disciplinary cause or reason,
23the chief of staff of a medical or professional staff or other chief
24executive officer, medical director, or administrator of any peer
25review body and the chief executive officer or administrator of
26any licensed health care facility or clinic where the licentiate is
27employed or has staff privileges or membership or where the
28licentiate applied for staff privileges or membership, or sought the
29renewal thereof, shall file an 805 report with the relevant agency
30within 15 days after the licentiate takes the action.

31(1) Resigns or takes a leave of absence from membership, staff
32privileges, or employment.

33(2) Withdraws or abandons his or her application for staff
34privileges or membership.

35(3) Withdraws or abandons his or her request for renewal of
36staff privileges or membership.

37(d) For purposes of filing an 805 report, the signature of at least
38one of the individuals indicated in subdivision (b) or (c) on the
39completed form shall constitute compliance with the requirement
40to file the report.

P24   1(e) An 805 report shall also be filed within 15 days following
2the imposition of summary suspension of staff privileges,
3membership, or employment, if the summary suspension remains
4in effect for a period in excess of 14 days.

5(f) A copy of the 805 report, and a notice advising the licentiate
6of his or her right to submit additional statements or other
7information, electronically or otherwise, pursuant to Section 800,
8shall be sent by the peer review body to the licentiate named in
9the report. The notice shall also advise the licentiate that
10information submitted electronically will be publicly disclosed to
11those who request the information.

12The information to be reported in an 805 report shall include the
13name and license number of the licentiate involved, a description
14of the facts and circumstances of the medical disciplinary cause
15or reason, and any other relevant information deemed appropriate
16by the reporter.

17A supplemental report shall also be made within 30 days
18following the date the licentiate is deemed to have satisfied any
19terms, conditions, or sanctions imposed as disciplinary action by
20the reporting peer review body. In performing its dissemination
21functions required by Section 805.5, the agency shall include a
22copy of a supplemental report, if any, whenever it furnishes a copy
23of the original 805 report.

24If another peer review body is required to file an 805 report, a
25health care service plan is not required to file a separate report
26with respect to action attributable to the same medical disciplinary
27cause or reason. If the Medical Board of California or a licensing
28agency of another state revokes or suspends, without a stay, the
29license of a physician and surgeon, a peer review body is not
30required to file an 805 report when it takes an action as a result of
31the revocation or suspension. If the California Board of Podiatric
32Medicine or a licensing agency of another state revokes or
33suspends, without a stay, the license of a doctor of podiatric
34medicine, a peer review body is not required to file an 805 report
35when it takes an action as a result of the revocation or suspension.

36(g) The reporting required by this section shall not act as a
37waiver of confidentiality of medical records and committee reports.
38The information reported or disclosed shall be kept confidential
39except as provided in subdivision (c) of Section 800 and Sections
40803.1 and 2027, provided that a copy of the report containing the
P25   1information required by this section may be disclosed as required
2by Section 805.5 with respect to reports received on or after
3January 1, 1976.

4(h) The Medical Board of California, the California Board of
5Podiatric Medicine, the Osteopathic Medical Board of California,
6and the Dental Board of California shall disclose reports as required
7by Section 805.5.

8(i) An 805 report shall be maintained electronically by an agency
9for dissemination purposes for a period of three years after receipt.

10(j) No person shall incur any civil or criminal liability as the
11result of making any report required by this section.

12(k) A willful failure to file an 805 report by any person who is
13designated or otherwise required by law to file an 805 report is
14punishable by a fine not to exceed one hundred thousand dollars
15($100,000) per violation. The fine may be imposed in any civil or
16administrative action or proceeding brought by or on behalf of any
17agency having regulatory jurisdiction over the person regarding
18whom the report was or should have been filed. If the person who
19is designated or otherwise required to file an 805 report is a
20licensed physician and surgeon, the action or proceeding shall be
21brought by the Medical Board of California. If the person who is
22designated or otherwise required to file an 805 report is a licensed
23doctor of podiatric medicine, the action or proceeding shall be
24brought by the California Board of Podiatric Medicine. The fine
25shall be paid to that agency but not expended until appropriated
26by the Legislature. A violation of this subdivision may constitute
27unprofessional conduct by the licentiate. A person who is alleged
28to have violated this subdivision may assert any defense available
29at law. As used in this subdivision, “willful” means a voluntary
30and intentional violation of a known legal duty.

31(l) Except as otherwise provided in subdivision (k), any failure
32by the administrator of any peer review body, the chief executive
33officer or administrator of any health care facility, or any person
34who is designated or otherwise required by law to file an 805
35report, shall be punishable by a fine that under no circumstances
36shall exceed fifty thousand dollars ($50,000) per violation. The
37fine may be imposed in any civil or administrative action or
38proceeding brought by or on behalf of any agency having
39regulatory jurisdiction over the person regarding whom the report
40was or should have been filed. If the person who is designated or
P26   1otherwise required to file an 805 report is a licensed physician and
2surgeon, the action or proceeding shall be brought by the Medical
3Board of California. If the person who is designated or otherwise
4required to file an 805 report is a licensed doctor of podiatric
5medicine, the action or proceeding shall be brought by the
6California Board of Podiatric Medicine. The fine shall be paid to
7that agency but not expended until appropriated by the Legislature.
8The amount of the fine imposed, not exceeding fifty thousand
9dollars ($50,000) per violation, shall be proportional to the severity
10of the failure to report and shall differ based upon written findings,
11including whether the failure to file caused harm to a patient or
12created a risk to patient safety; whether the administrator of any
13peer review body, the chief executive officer or administrator of
14any health care facility, or any person who is designated or
15otherwise required by law to file an 805 report exercised due
16diligence despite the failure to file or whether they knew or should
17have known that an 805 report would not be filed; and whether
18there has been a prior failure to file an 805 report. The amount of
19the fine imposed may also differ based on whether a health care
20facility is a small or rural hospital as defined in Section 124840
21of the Health and Safety Code.

22(m) A health care service plan licensed under Chapter 2.2
23(commencing with Section 1340) of Division 2 of the Health and
24 Safety Code or a disability insurer that negotiates and enters into
25a contract with licentiates to provide services at alternative rates
26of payment pursuant to Section 10133 of the Insurance Code, when
27determining participation with the plan or insurer, shall evaluate,
28on a case-by-case basis, licentiates who are the subject of an 805
29report, and not automatically exclude or deselect these licentiates.

30

SEC. 10.  

Section 805.1 of the Business and Professions Code
31 is amended to read:

32

805.1.  

(a) The Medical Board of California, the California
33Board of Podiatric Medicine, the Osteopathic Medical Board of
34California, and the Dental Board of California shall be entitled to
35inspect and copy the following documents in the record of any
36disciplinary proceeding resulting in action that is required to be
37reported pursuant to Section 805:

38(1) Any statement of charges.

39(2) Any document, medical chart, or exhibits in evidence.

40(3) Any opinion, findings, or conclusions.

P27   1(4) Any certified copy of medical records, as permitted by other
2applicable law.

3(b) The information so disclosed shall be kept confidential and
4not subject to discovery, in accordance with Section 800, except
5that it may be reviewed, as provided in subdivision (c) of Section
6800, and may be disclosed in any subsequent disciplinary hearing
7conducted pursuant to the Administrative Procedure Act (Chapter
85 (commencing with Section 11500) of Part 1 of Division 3 of
9Title 2 of the Government Code).

10

SEC. 11.  

Section 805.5 of the Business and Professions Code
11 is amended to read:

12

805.5.  

(a) Prior to granting or renewing staff privileges for
13any physician and surgeon, psychologist, podiatrist, or dentist, any
14health facility licensed pursuant to Division 2 (commencing with
15Section 1200) of the Health and Safety Code, any health care
16service plan or medical care foundation, the medical staff of the
17institution, a facility certified to participate in the federal Medicare
18Program as an ambulatory surgical center, or an outpatient setting
19accredited pursuant to Section 1248.1 of the Health and Safety
20Code shall request a report from the Medical Board of California,
21the Board of Psychology, the California Board of Podiatric
22Medicine, the Osteopathic Medical Board of California, or the
23Dental Board of California to determine if any report has been
24made pursuant to Section 805 indicating that the applying physician
25and surgeon, psychologist, podiatrist, or dentist has been denied
26staff privileges, been removed from a medical staff, or had his or
27her staff privileges restricted as provided in Section 805. The
28request shall include the name and California license number of
29the physician and surgeon, psychologist, podiatrist, or dentist.
30Furnishing of a copy of the 805 report shall not cause the 805
31report to be a public record.

32(b) Upon a request made by, or on behalf of, an institution
33described in subdivision (a) or its medical staff the board shall
34furnish a copy of any report made pursuant to Section 805 as well
35as any additional exculpatory or explanatory information submitted
36electronically to the board by the licensee pursuant to subdivision
37(f) of that section. However, the board shall not send a copy of a
38report (1) if the denial, removal, or restriction was imposed solely
39because of the failure to complete medical records, (2) if the board
40has found the information reported is without merit, (3) if a court
P28   1finds, in a final judgment, that the peer review, as defined in
2Section 805, resulting in the report was conducted in bad faith and
3the licensee who is the subject of the report notifies the board of
4that finding, or (4) if a period of three years has elapsed since the
5report was submitted. This three-year period shall be tolled during
6any period the licentiate has obtained a judicial order precluding
7disclosure of the report, unless the board is finally and permanently
8precluded by judicial order from disclosing the report. If a request
9is received by the board while the board is subject to a judicial
10order limiting or precluding disclosure, the board shall provide a
11disclosure to any qualified requesting party as soon as practicable
12after the judicial order is no longer in force.

13If the board fails to advise the institution within 30 working days
14following its request for a report required by this section, the
15institution may grant or renew staff privileges for the physician
16and surgeon, psychologist, podiatrist, or dentist.

17(c) Any institution described in subdivision (a) or its medical
18staff that violates subdivision (a) is guilty of a misdemeanor and
19shall be punished by a fine of not less than two hundred dollars
20($200) nor more than one thousand two hundred dollars ($1,200).

21

SEC. 12.  

Section 805.6 of the Business and Professions Code
22 is amended to read:

23

805.6.  

(a) The Medical Board of California, the California
24Board of Podiatric Medicine, the Osteopathic Medical Board, and
25the Dental Board of California shall establish a system of electronic
26notification that is either initiated by the board or can be accessed
27by qualified subscribers, and that is designed to achieve early
28notification to qualified recipients of the existence of new reports
29that are filed pursuant to Section 805.

30(b) The State Department of Health Services shall notify the
31appropriate licensing agency of any reporting violations pursuant
32to Section 805.

33(c) The Department of Managed Health Care shall notify the
34appropriate licensing agency of any reporting violations pursuant
35to Section 805.

36

SEC. 13.  

Section 810 of the Business and Professions Code is
37amended to read:

38

810.  

(a) It shall constitute unprofessional conduct and grounds
39for disciplinary action, including suspension or revocation of a
P29   1license or certificate, for a health care professional to do any of
2the following in connection with his or her professional activities:

3(1) Knowingly present or cause to be presented any false or
4fraudulent claim for the payment of a loss under a contract of
5insurance.

6(2) Knowingly prepare, make, or subscribe any writing, with
7intent to present or use the same, or to allow it to be presented or
8used in support of any false or fraudulent claim.

9(b) It shall constitute cause for revocation or suspension of a
10license or certificate for a health care professional to engage in
11any conduct prohibited under Section 1871.4 of the Insurance Code
12or Section 549 or 550 of the Penal Code.

13(c) (1) It shall constitute cause for automatic suspension of a
14license or certificate issued pursuant to Chapter 3.5 (commencing
15with Section 1460), Chapter 4 (commencing with Section 1600),
16Chapter 5 (commencing with Section 2000), Chapter 6.6
17(commencing with Section 2900), Chapter 7 (commencing with
18Section 3000), or Chapter 9 (commencing with Section 4000), or
19pursuant to the Chiropractic Act or the Osteopathic Act, if a
20licensee or certificate holder has been convicted of any felony
21involving fraud committed by the licensee or certificate holder in
22conjunction with providing benefits covered by worker’s
23 compensation insurance, or has been convicted of any felony
24involving Medi-Cal fraud committed by the licensee or certificate
25holder in conjunction with the Medi-Cal program, including the
26Denti-Cal element of the Medi-Cal program, pursuant to Chapter
277 (commencing with Section 14000), or Chapter 8 (commencing
28with Section 14200), of Part 3 of Division 9 of the Welfare and
29Institutions Code. The board shall convene a disciplinary hearing
30to determine whether or not the license or certificate shall be
31suspended, revoked, or some other disposition shall be considered,
32including, but not limited to, revocation with the opportunity to
33petition for reinstatement, suspension, or other limitations on the
34license or certificate as the board deems appropriate.

35(2) It shall constitute cause for automatic suspension and for
36revocation of a license or certificate issued pursuant to Chapter
373.5 (commencing with Section 1460), Chapter 4 (commencing
38with Section 1600), Chapter 5 (commencing with Section 2000),
39Chapter 6.6 (commencing with Section 2900), Chapter 7
40(commencing with Section 3000), or Chapter 9 (commencing with
P30   1Section 4000), or pursuant to the Chiropractic Act or the
2Osteopathic Act, if a licensee or certificate holder has more than
3one conviction of any felony arising out of separate prosecutions
4involving fraud committed by the licensee or certificate holder in
5conjunction with providing benefits covered by worker’s
6compensation insurance, or in conjunction with the Medi-Cal
7program, including the Denti-Cal element of the Medi-Cal program
8pursuant to Chapter 7 (commencing with Section 14000), or
9Chapter 8 (commencing with Section 14200), of Part 3 of Division
109 of the Welfare and Institutions Code. The board shall convene
11a disciplinary hearing to revoke the license or certificate and an
12order of revocation shall be issued unless the board finds mitigating
13circumstances to order some other disposition.

14(3) It is the intent of the Legislature that paragraph (2) apply to
15a licensee or certificate holder who has one or more convictions
16prior to January 1, 2004, as provided in this subdivision.

17(4) Nothing in this subdivision shall preclude a board from
18suspending or revoking a license or certificate pursuant to any
19other provision of law.

20(5) “Board,” as used in this subdivision, means the Dental Board
21of California, the Medical Board of California, the California Board
22of Podiatric Medicine, the Board of Psychology, the State Board
23 of Optometry, the California State Board of Pharmacy, the
24Osteopathic Medical Board of California, and the State Board of
25Chiropractic Examiners.

26(6) “More than one conviction,” as used in this subdivision,
27means that the licensee or certificate holder has one or more
28convictions prior to January 1, 2004, and at least one conviction
29on or after that date, or the licensee or certificate holder has two
30or more convictions on or after January 1, 2004. However, a
31licensee or certificate holder who has one or more convictions
32prior to January 1, 2004, but who has no convictions and is
33currently licensed or holds a certificate after that date, does not
34have “more than one conviction” for the purposes of this
35subdivision.

36(d) As used in this section, health care professional means any
37person licensed or certified pursuant to this division, or licensed
38pursuant to the Osteopathic Initiative Act, or the Chiropractic
39Initiative Act.

P31   1

SEC. 14.  

Chapter 3.5 (commencing with Section 1460) is added
2to Division 2 of the Business and Professions Code, to read:

3 

4Chapter  3.5. Podiatric Medicine
5

 

6

1460.  

(a) There is created within the Department of Consumer
7Affairs a California Board of Podiatric Medicine.

8(b) This section shall remain in effect only until January 1, 2017,
9and as of that date is repealed, unless a later enacted statute, that
10is enacted before January 1, 2017, deletes or extends that date.
11Notwithstanding any other provision of law, the repeal of this
12section renders the California Board of Podiatric Medicine subject
13to review by the appropriate policy committees of the Legislature.

14

1460.1.  

Protection of the public shall be the highest priority
15for the California Board of Podiatric Medicine in exercising its
16licensing, regulatory, and disciplinary functions. Whenever the
17protection of the public is inconsistent with other interests sought
18to be promoted, the protection of the public shall be paramount.

19

1461.  

As used in this chapter:

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

21(b) “Podiatric licensing authority” refers to any officer, board,
22commission, committee, or department of another state that may
23issue a license to practice podiatric medicine.

24

1462.  

The board shall consist of seven members, three of whom
25shall be public members. Not more than one member of the board
26shall be a full-time faculty member of a college or school of
27podiatric medicine.

28The Governor shall appoint the four members qualified as
29provided in Section 2463 and one public member. The Senate
30Rules Committee and the Speaker of the Assembly shall each
31appoint a public member.

32

1463.  

Each member of the board, except the public members,
33shall be appointed from persons having all of the following
34qualifications:

35(a) Be a citizen of this state for at least five years next preceding
36his or her appointment.

37(b) Be a graduate of a recognized school or college of podiatric
38medicine.

39(c) Have a valid certificate to practice podiatric medicine in this
40state.

P32   1(d) Have engaged in the practice of podiatric medicine in this
2state for at least five years next preceding his or her appointment.

3

1464.  

The public members shall be appointed from persons
4having all of the following qualifications:

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

7(b) Shall not be an officer or faculty member of any college,
8school, or other institution engaged in podiatric medical instruction.

9(c) Shall not be a licentiate of the board or of any board under
10this division or of any board created by an initiative act under this
11division.

12

1465.  

No person who directly or indirectly owns any interest
13in any college, school, or other institution engaged in podiatric
14medical instruction shall be appointed to the board nor shall any
15incumbent member of the board have or acquire any interest, direct
16or indirect, in any such college, school, or institution.

17

1466.  

All members of the board shall be appointed for terms
18of four years. Vacancies shall immediately be filled by the
19appointing power for the unexpired portion of the terms in which
20they occur. No person shall serve as a member of the board for
21more than two consecutive terms.

22

1467.  

(a) The board may convene from time to time as it deems
23necessary.

24(b) Four members of the board constitute a quorum for the
25transaction of business at any meeting.

26(c) It shall require the affirmative vote of a majority of those
27members present at a meeting, those members constituting at least
28a quorum, to pass any motion, resolution, or measure.

29(d) The board shall annually elect one of its members to act as
30president and a member to act as vice president who shall hold
31their respective positions at the pleasure of the board. The president
32may call meetings of the board and any duly appointed committee
33at a specified time and place.

34

1468.  

Notice of each meeting of the board shall be given in
35accordance with the Bagley-Keene Open Meeting Act (Article 9
36(commencing with Section 11120) of Chapter 1 of Part 1 of
37Division 3 of Title 2 of the Government Code).

38

1469.  

Each member of the board shall receive per diem and
39expenses as provided in Section 2016.

P33   1

1470.  

The board may adopt, amend, or repeal, in accordance
2with the provisions of the Administrative Procedure Act (Chapter
33.5 (commencing with Section 11340) of Part 1 of Division 1 of
4Title 2 of the Government Code), regulations necessary to enable
5the board to carry into effect the provisions of law relating to the
6practice of podiatric medicine.

7

1471.  

Except as provided by Section 159.5, the board may
8employ, within the limits of the funds received by the board, all
9personnel necessary to carry out this chapter and the provisions
10of Chapter 5 (commencing with Section 2000) relating to podiatric
11medicine.

12

1472.  

(a) The certificate to practice podiatric medicine
13authorizes the holder to practice podiatric medicine.

14(b) As used in this chapter, “podiatric medicine” means the
15diagnosis, medical, surgical, mechanical, manipulative, and
16electrical treatment of the human foot, including the ankle and
17tendons that insert into the foot and the nonsurgical treatment of
18the muscles and tendons of the leg governing the functions of the
19foot.

20(c) A doctor of podiatric medicine shall not administer an
21anesthetic other than local. If an anesthetic other than local is
22required for any procedure, the anesthetic shall be administered
23by another licensed health care practitioner who is authorized to
24administer the required anesthetic within the scope of his or her
25practice.

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

27(A) Perform surgical treatment of the ankle and tendons at the
28level of the ankle pursuant to subdivision (e).

29(B) Perform services under the direct supervision of a physician
30and surgeon, as an assistant at surgery, in surgical procedures that
31are otherwise beyond the scope of practice of a doctor of podiatric
32medicine.

33(C) Perform a partial amputation of the foot no further proximal
34than the Chopart’s joint.

35(2) Nothing in this subdivision shall be construed to permit a
36doctor of podiatric medicine to function as a primary surgeon for
37any procedure beyond his or her scope of practice.

38(e) A doctor of podiatric medicine may perform surgical
39treatment of the ankle and tendons at the level of the ankle only
40in the following locations:

P34   1(1) A licensed general acute care hospital, as defined in Section
21250 of the Health and Safety Code.

3(2) A licensed surgical clinic, as defined in Section 1204 of the
4Health and Safety Code, if the doctor of podiatric medicine has
5surgical privileges, including the privilege to perform surgery on
6the ankle, in a general acute care hospital described in paragraph
7(1) and meets all the protocols of the surgical clinic.

8(3) An ambulatory surgical center that is certified to participate
9in the Medicare program under Title XVIII (42 U.S.C. Sec. 1395
10et seq.) of the federal Social Security Act, if the doctor of podiatric
11medicine has surgical privileges, including the privilege to perform
12surgery on the ankle, in a general acute care hospital described in
13paragraph (1) and meets all the protocols of the surgical center.

14(4) A freestanding physical plant housing outpatient services
15of a licensed general acute care hospital, as defined in Section
161250 of the Health and Safety Code, if the doctor of podiatric
17medicine has surgical privileges, including the privilege to perform
18surgery on the ankle, in a general acute care hospital described in
19paragraph (1). For purposes of this section, a “freestanding physical
20plant” means any building that is not physically attached to a
21building where inpatient services are provided.

22(5) An outpatient setting accredited pursuant to subdivision (g)
23of Section 1248.1 of the Health and Safety Code.

24

1474.  

Any person who uses in any sign or in any advertisement
25or otherwise, the word or words “doctor of podiatric medicine,”
26“doctor of podiatry,” “podiatric doctor,” “D.P.M.,” “podiatrist,”
27“foot specialist,” or any other term or terms or any letters indicating
28or implying that he or she is a doctor of podiatric medicine, or that
29he or she practices podiatric medicine, or holds himself out as
30practicing podiatric medicine or foot correction as defined in
31Section 1472, without having at the time of so doing a valid,
32unrevoked, and unsuspended certificate as provided for in this
33chapter or Chapter 5 (commencing with Section 2000), is guilty
34of a misdemeanor.

35

1475.  

Unless otherwise provided by law, no postgraduate
36trainee, intern, resident postdoctoral fellow, or instructor may
37engage in the practice of podiatric medicine, or receive
38compensation therefor, or offer to engage in the practice of
39podiatric medicine unless he or she holds a valid, unrevoked, and
40unsuspended certificate to practice podiatric medicine issued by
P35   1the board. However, a graduate of an approved college or school
2of podiatric medicine upon whom the degree doctor of podiatric
3medicine has been conferred, who is issued a resident’s license,
4which may be renewed annually for up to eight years for this
5purpose by the board, and who is enrolled in a postgraduate training
6program approved by the board, may engage in the practice of
7podiatric medicine whenever and wherever required as a part of
8that program and may receive compensation for that practice under
9the following conditions:

10(a) A graduate with a resident’s license in an approved
11internship, residency, or fellowship program may participate in
12training rotations outside the scope of podiatric medicine, under
13the supervision of a physician and surgeon who holds a medical
14doctor or doctor of osteopathy degree wherever and whenever
15required as a part of the training program, and may receive
16compensation for that practice. If the graduate fails to receive a
17license to practice podiatric medicine under this chapter within
18three years from the commencement of the postgraduate training,
19all privileges and exemptions under this section shall automatically
20cease.

21(b)  Hospitals functioning as a part of the teaching program of
22an approved college or school of podiatric medicine in this state
23may exchange instructors or resident or assistant resident doctors
24of podiatric medicine with another approved college or school of
25podiatric medicine not located in this state, or those hospitals may
26appoint a graduate of an approved school as such a resident for
27purposes of postgraduate training. Those instructors and residents
28may practice and be compensated as provided in this section, but
29that practice and compensation shall be for a period not to exceed
30two years.

31

1475.1.  

Before a resident’s license may be issued, each
32applicant shall show by evidence satisfactory to the board,
33submitted directly to the board by the national score reporting
34institution, that he or she has, within the past 10 years, passed Parts
35I and II of the examination administered by the National Board of
36Podiatric Medical Examiners of the United States or has passed a
37written examination that is recognized by the board to be the
38equivalent in content to the examination administered by the
39National Board of Podiatric Medical Examiners of the United
40States.

P36   1

1475.2.  

As used in this chapter, “podiatric residency” means
2a program of supervised postgraduate clinical training, one year
3or more in duration, approved by the board.

4

1475.3.  

(a) The board shall approve podiatric residency
5programs, as defined in Section 1475.2, in the field of podiatric
6medicine, for persons who are applicants for or have been issued
7a certificate to practice podiatric medicine pursuant to this article.

8(b) The board may only approve a podiatric residency that it
9determines meets all of the following requirements:

10(1) Reasonably conforms with the Accreditation Council for
11Graduate Medical Education’s Institutional Requirements of the
12Essentials of Accredited Residencies in Graduate Medical
13Education: Institutional and Program Requirements.

14(2) Is approved by the Council on Podiatric Medical Education.

15(3) Complies with the requirements of this state.

16

1476.  

Nothing in this chapter or Chapter 5 (commencing with
17Section 2000) shall be construed to prevent a regularly matriculated
18student undertaking a course of professional instruction in an
19approved college or school of podiatric medicine from participating
20in training beyond the scope of podiatric medicine under the
21supervision of a physician and surgeon who holds a medical doctor
22or doctor of osteopathy degree whenever and wherever prescribed
23as part of his or her course of study.

24

1477.  

Nothing in this chapter prohibits the manufacture, the
25recommendation, or the sale of either corrective shoes or appliances
26for the human feet.

27

1479.  

The board shall issue a certificate to practice podiatric
28medicine to each applicant who meets the requirements of this
29chapter. Every applicant for a certificate to practice podiatric
30medicine shall comply with the provisions of Article 4
31(commencing with Section 2080) of Chapter 5 which are not
32specifically applicable to applicants for a physician’s and surgeon’s
33certificate, in addition to the provisions of this chapter and Chapter
345 (commencing with Section 2000).

35

1480.  

The board shall have full authority to investigate and to
36evaluate each applicant applying for a certificate to practice
37podiatric medicine and to make a determination of the admission
38of the applicant to the examination and the issuance of a certificate
39in accordance with this chapter and Chapter 5 (commencing with
40Section 2000).

P37   1

1481.  

Each applicant who commenced professional instruction
2in podiatric medicine after September 1, 1959, shall show by an
3official transcript or other official evidence submitted directly to
4the board by the academic institution that he or she has completed
5two years of preprofessional postsecondary education, or its
6equivalent, including the subjects of chemistry, biology or other
7biological science, and physics or mathematics, before completing
8the resident course of professional instruction.

9

1483.  

(a) Each applicant for a certificate to practice podiatric
10medicine shall show by an official transcript or other official
11evidence satisfactory to the board that is submitted directly to the
12board by the academic institution that he or she has successfully
13completed a medical curriculum extending over a period of at least
14four academic years, or 32 months of actual instruction, in a college
15or school of podiatric medicine approved by the board. The total
16number of hours of all courses shall consist of a minimum of 4,000
17hours.

18The board, by regulation, shall adopt standards for determining
19equivalent training authorized by this section.

20(b) The curriculum for all applicants shall provide for adequate
21instruction related to podiatric medicine in the following:

22(1) Alcoholism and other chemical substance detection

23(2) Local anesthesia

24(3) Anatomy, including embryology, histology, and
25neuroanatomy

26(4) Behavioral science

27(5) Biochemistry

28(6) Biomechanics-foot and ankle

29(7) Child abuse detection

30(8) Dermatology

31(9) Geriatric medicine

32(10) Human sexuality

33(11) Infectious diseases

34(12) Medical ethics

35(13) Neurology

36(14) Orthopedic surgery

37(15) Pathology, microbiology, and immunology

38(16) Pediatrics

39(17) Pharmacology, including materia medica and toxicology

40(18) Physical and laboratory diagnosis

P38   1(19) Physical medicine

2(20) Physiology

3(21) Podiatric medicine

4(22) Podiatric surgery

5(23) Preventive medicine, including nutrition

6(24) Psychiatric problem detection

7(25) Radiology and radiation safety

8(26) Spousal or partner abuse detection

9(27) Therapeutics

10(28) Women’s health

11

1484.  

In addition to any other requirements of this chapter or
12Chapter 5 (commencing with Section 2000), before a certificate
13to practice podiatric medicine may be issued, each applicant shall
14show by evidence satisfactory to the board, submitted directly to
15the board by the sponsoring institution, that he or she has
16satisfactorily completed at least two years of postgraduate podiatric
17medical and podiatric surgical training in a general acute care
18hospital approved by the Council on Podiatric Medical Education.

19

1486.  

The board shall issue a certificate to practice podiatric
20medicine if the applicant has submitted directly to the board from
21the credentialing organizations verification that he or she meets
22all of the following requirements:

23(a) The applicant has graduated from an approved school or
24college of podiatric medicine and meets the requirements of Section
252483.

26(b) The applicant, within the past 10 years, has passed parts I,
27II, and III of the examination administered by the National Board
28of Podiatric Medical Examiners of the United States or has passed
29a written examination that is recognized by the board to be the
30equivalent in content to the examination administered by the
31National Board of Podiatric Medical Examiners of the United
32States.

33(c) The applicant has satisfactorily completed the postgraduate
34training required by Section 2484.

35(d) The applicant has passed within the past 10 years any oral
36and practical examination that may be required of all applicants
37by the board to ascertain clinical competence.

38(e) The applicant has committed no acts or crimes constituting
39grounds for denial of a certificate under Division 1.5 (commencing
40with Section 475).

P39   1(f) The board determines that no disciplinary action has been
2taken against the applicant by any podiatric licensing authority
3and that the applicant has not been the subject of adverse judgments
4or settlements resulting from the practice of podiatric medicine
5that the board determines constitutes evidence of a pattern of
6negligence or incompetence.

7(g) A disciplinary databank report regarding the applicant is
8received by the board from the Federation of Podiatric Medical
9Boards.

10

1488.  

Notwithstanding any other law, the board shall issue a
11certificate to practice podiatric medicine by credentialing if the
12applicant has submitted directly to the board from the credentialing
13organizations verification that he or she is licensed as a doctor of
14podiatric medicine in any other state and meets all of the following
15requirements:

16(a) The applicant has graduated from an approved school or
17college of podiatric medicine.

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

24(c) The applicant has satisfactorily completed a postgraduate
25training program approved by the Council on Podiatric Medical
26Education.

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

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

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

P40   1(g) A disciplinary databank report regarding the applicant is
2received by the board from the Federation of Podiatric Medical
3Boards.

4

1492.  

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

8(b) Unless the applicant meets the requirements of Section 1486,
9applicants shall be required to have taken and passed the
10examination administered by the National Board of Podiatric
11Medical Examiners.

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

17(d) The provisions of Article 9 (commencing with Section 2170)
18of Chapter 5 shall apply to examinations administered by the board
19except where those provisions are in conflict with or inconsistent
20with the provisions of this chapter.

21

1493.  

An applicant for a certificate to practice podiatric
22medicine shall pass an examination in the subjects required by
23Section 1483 in order to ensure a minimum of entry-level
24competence.

25

1495.  

Notwithstanding any other provision of this chapter, the
26board may delegate to officials of the board the authority to
27approve the admission of applicants to the examination and to
28approve the issuance of certificates to practice podiatric medicine
29to applicants who have met the specific requirements therefor in
30routine cases where applicants clearly meet the requirements of
31this chapter.

32

1496.  

In order to ensure the continuing competence of persons
33licensed to practice podiatric medicine, the board shall adopt and
34administer regulations requiring continuing education of those
35licensees. The board shall require those licensees to demonstrate
36satisfaction of the continuing education requirements and one of
37the following requirements at each license renewal:

38(a) Passage of an examination administered by the board within
39the past 10 years.

P41   1(b) Passage of an examination administered by an approved
2specialty certifying board within the past 10 years.

3(c) Current diplomate, board-eligible, or board-qualified status
4granted by an approved specialty certifying board within the past
510 years.

6(d) Recertification of current status by an approved specialty
7certifying board within the past 10 years.

8(e) Successful completion of an approved residency or
9fellowship program within the past 10 years.

10(f) Granting or renewal of current staff privileges within the
11past five years by a health care facility that is licensed, certified,
12accredited, conducted, maintained, operated, or otherwise approved
13by an agency of the federal or state government or an organization
14approved by the Medical Board of California.

15(g) Successful completion within the past five years of an
16extended course of study approved by the board.

17(h) Passage within the past 10 years of Part III of the
18examination administered by the National Board of Podiatric
19Medical Examiners.

20

1497.  

(a) The board may order the denial of an application
21for, or the suspension of, or the revocation of, or the imposition
22of probationary conditions upon, a certificate to practice podiatric
23medicine for any of the causes set forth in Article 12 (commencing
24with Section 2220) of Chapter 5 in accordance with Section 2222.

25(b) The board may hear all matters, including but not limited
26to, any contested case or may assign any such matters to an
27administrative law judge. The proceedings shall be held in
28accordance with Section 2230. If a contested case is heard by the
29board itself, the administrative law judge who presided at the
30hearing shall be present during the board’s consideration of the
31case and shall assist and advise the board.

32

1497.5.  

(a) The board may request the administrative law
33judge, under his or her proposed decision in resolution of a
34disciplinary proceeding before the board, to direct any licensee
35found guilty of unprofessional conduct to pay to the board a sum
36not to exceed the actual and reasonable costs of the investigation
37and prosecution of the case.

38(b) The costs to be assessed shall be fixed by the administrative
39law judge and shall not be increased by the board unless the board
40does not adopt a proposed decision and in making its own decision
P42   1finds grounds for increasing the costs to be assessed, not to exceed
2the actual and reasonable costs of the investigation and prosecution
3of the case.

4(c) When the payment directed in the board’s order for payment
5of costs is not made by the licensee, the board may enforce the
6order for payment by bringing an action in any appropriate court.
7This right of enforcement shall be in addition to any other rights
8the board may have as to any licensee directed to pay costs.

9(d) In any judicial action for the recovery of costs, proof of the
10board’s decision shall be conclusive proof of the validity of the
11order of payment and the terms for payment.

12(e) (1) Except as provided in paragraph (2), the board shall not
13renew or reinstate the license of any licensee who has failed to pay
14all of the costs ordered under this section.

15(2) Notwithstanding paragraph (1), the board may, in its
16discretion, conditionally renew or reinstate for a maximum of one
17year the license of any licensee who demonstrates financial
18hardship and who enters into a formal agreement with the board
19to reimburse the board within that one-year period for those unpaid
20costs.

21(f) All costs recovered under this section shall be deposited in
22the Board of Podiatric Medicine Fund as a reimbursement in either
23the fiscal year in which the costs are actually recovered or the
24previous fiscal year, as the board may direct.

25

1498.  

(a) The board shall have the responsibility for reviewing
26the quality of podiatric medical practice carried out by persons
27licensed to practice podiatric medicine.

28(b) Each member of the board, or any licensed doctor of
29podiatric medicine appointed by the board, shall additionally have
30the authority to inspect, or require reports from, a general or
31specialized hospital and the podiatric medical staff thereof, with
32respect to the podiatric medical care, services, or facilities provided
33therein, and may inspect podiatric medical patient records with
34respect to the care, services, or facilities. The authority to make
35inspections and to require reports as provided by this section shall
36not be delegated by a member of the board to any person other
37than a doctor of podiatric medicine and shall be subject to the
38restrictions against disclosure described in Section 2263.

39

1499.  

There is in the State Treasury the Board of Podiatric
40Medicine Fund. Notwithstanding Section 2445, the board shall
P43   1report to the Controller at the beginning of each calendar month
2for the month preceding the amount and source of all revenue
3received by the board, pursuant to this chapter, and shall pay the
4entire amount thereof to the Treasurer for deposit into the fund.
5All revenue received by the board from fees authorized to be
6charged relating to the practice of podiatric medicine shall be
7deposited in the fund as provided in this section, and shall be used
8to carry out this chapter or the provisions of Chapter 5
9(commencing with Section 2000) relating to the regulation of the
10practice of podiatric medicine.

11

1499.5.  

The following fees apply to certificates to practice
12podiatric medicine. The amount of fees prescribed for doctors of
13podiatric medicine shall be those set forth in this section unless a
14lower fee is established by the board in accordance with Section
151499.6. Fees collected pursuant to this section shall be fixed by
16the board in amounts not to exceed the actual costs of providing
17the service for which the fee is collected.

18(a) Each applicant for a certificate to practice podiatric medicine
19shall pay an application fee of one hundred dollars ($100) at the
20time the application is filed. If the applicant qualifies for a
21certificate, he or she shall pay a fee which shall be fixed by the
22board at an amount not to exceed one hundred dollars ($100) nor
23less than five dollars ($5) for the issuance of the certificate.

24(b) The oral examination fee shall be seven hundred dollars
25($700), or the actual cost, whichever is lower, and shall be paid
26by each applicant. If the applicant’s credentials are insufficient or
27if the applicant does not desire to take the examination, and has
28so notified the board 30 days prior to the examination date, only
29the examination fee is returnable to the applicant. The board may
30charge an examination fee for any subsequent reexamination of
31the applicant.

32(c) Each applicant who qualifies for a certificate, as a condition
33precedent to its issuance, in addition to other fees required by this
34section, shall pay an initial license fee. The initial license fee shall
35be eight hundred dollars ($800). The initial license shall expire
36the second year after its issuance on the last day of the month of
37birth of the licensee. The board may reduce the initial license fee
38by up to 50 percent of the amount of the fee for any applicant who
39is enrolled in a postgraduate training program approved by the
40board or who has completed a postgraduate training program
P44   1approved by the board within six months prior to the payment of
2the initial license fee.

3(d) The biennial renewal fee shall be nine hundred dollars
4($900). Any licensee enrolled in an approved residency program
5shall be required to pay only 50 percent of the biennial renewal
6fee at the time of his or her first renewal.

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

8(f) The duplicate wall certificate fee is one hundred dollars
9($100).

10(g) The duplicate renewal receipt fee is fifty dollars ($50).

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

12(i) The letter of good standing fee or for loan deferment is one
13hundred dollars ($100).

14(j) There shall be a fee of one hundred dollars ($100) for the
15issuance of a resident’s license under Section 1475.

16(k) The filing fee to appeal the failure of an oral examination
17shall be one hundred dollars ($100).

18(l) The fee for approval of a continuing education course or
19program shall be two hundred fifty dollars ($250).

20

1499.6.  

The fees in this chapter shall be fixed by the board in
21accordance with Section 313.1. The fees shall not exceed the
22reasonable regulatory cost.

23

1499.7.  

(a) Certificates to practice podiatric medicine shall
24expire at 12 midnight on the last day of the birth month of the
25licensee during the second year of a two-year term.

26(b) To renew an unexpired certificate, the licensee, on or before
27the date on which the certificate would otherwise expire, shall
28apply for renewal on a form prescribed by the board and pay the
29prescribed renewal fee.

30

1499.8.  

Any licensee who demonstrates to the satisfaction of
31the board that he or she is unable to practice podiatric medicine
32due to a disability may request a waiver of the license renewal fee.
33The granting of a waiver shall be at the discretion of the board and
34may be terminated at any time. Waivers shall be based on the
35inability of a licensee to practice podiatric medicine. A licensee
36whose renewal fee has been waived pursuant to this section shall
37not engage in the practice of podiatric medicine unless and until
38the licensee pays the current renewal fee and does either of the
39following:

P45   1(a) Establishes to the satisfaction of the board, on a form
2prescribed by the board and signed under penalty of perjury, that
3the licensee’s disability either no longer exists or does not affect
4his or her ability to practice podiatric medicine safely.

5(b) Signs an agreement on a form prescribed by the board, signed
6under penalty of perjury, in which the licensee agrees to limit his
7or her practice in the manner prescribed by the reviewing physician.

end delete
8

begin deleteSEC. 15.end delete
9
begin insertSEC. 2.end insert  

Section 1944 of the Business and Professions Code is
10amended to read:

11

1944.  

(a) The committee shall establish by resolution the
12amount of the fees that relate to the licensing of a registered dental
13hygienist, a registered dental hygienist in alternative practice, and
14a registered dental hygienist in extended functions. The fees
15established by board resolution in effect on June 30, 2009, as they
16relate to the licensure of registered dental hygienists, registered
17dental hygienists in alternative practice, and registered dental
18hygienists in extended functions, shall remain in effect until
19modified by the committee. The fees are subject to the following
20limitations:

21(1) The application fee for an original license and the fee for
22issuance of an original license shall not exceed two hundred fifty
23dollars ($250).

24(2) The fee for examination for licensure as a registered dental
25hygienist shall not exceed the actual cost of the examination.

26(3) The fee for examination for licensure as a registered dental
27hygienist in extended functions shall not exceed the actual cost of
28the examination.

29(4) The fee for examination for licensure as a registered dental
30hygienist in alternative practice shall not exceed the actual cost of
31administering the examination.

32(5) The biennial renewal fee shall not exceed five hundred
33dollars ($500).

34(6) The delinquency fee shall not exceed one-half of the renewal
35fee. Any delinquent license may be restored only upon payment
36of all fees, including the delinquency fee, and compliance with all
37other applicable requirements of this article.

38(7) The fee for issuance of a duplicate license to replace one
39that is lost or destroyed, or in the event of a name change, shall
P46   1not exceed twenty-five dollars ($25) or one-half of the renewal
2fee, whichever is greater.

3(8) The fee for certification of licensure shall not exceed one-half
4of the renewal fee.

5(9) The fee for each curriculum review, feasibility study review,
6and site evaluation for educational programs for dental hygienists
7who are not accredited by a committee-approved agency shall not
8exceed two thousand one hundred dollars ($2,100).

9(10) The fee for each review or approval of course requirements
10for licensure or procedures that require additional training shall
11not exceed seven hundred fifty dollars ($750).

12(11) The initial application and biennial fee for a provider of
13continuing education shall not exceed five hundred dollars ($500).

14(12) The amount of fees payable in connection with permits
15issued under Section 1962 is as follows:

16(A) The initial permit fee is an amount equal to the renewal fee
17for the applicant’s license to practice dental hygiene in effect on
18the last regular renewal date before the date on which the permit
19is issued.

20(B) If the permit will expire less than one year after its issuance,
21then the initial permit fee is an amount equal to 50 percent of the
22renewal fee in effect on the last regular renewal date before the
23date on which the permit is issued.

24(b) The renewal and delinquency fees shall be fixed by the
25committee by resolution at not more than the current amount of
26the renewal fee for a license to practice under this article nor less
27than five dollars ($5).

28(c) Fees fixed by the committee by resolution pursuant to this
29section shall not be subject to the approval of the Office of
30Administrative Law.

31(d) Fees collected pursuant to this section shall be collected by
32the committee and deposited into the State Dental Hygiene Fund,
33which is hereby created. All money in this fund shall, upon
34appropriation by the Legislature in the annual Budget Act, be used
35to implement this article.

36(e) No fees or charges other than those listed in this section shall
37be levied by the committee in connection with the licensure of
38registered dental hygienists, registered dental hygienists in
39alternative practice, or registered dental hygienists in extended
40functions.

P47   1(f) The fee for registration of an extramural dental facility shall
2not exceed two hundred fifty dollars ($250).

3(g) The fee for registration of a mobile dental hygiene unit shall
4not exceed one hundred fifty dollars ($150).

5(h) The biennial renewal fee for a mobile dental hygiene unit
6shall not exceed two hundred fifty dollars ($250).

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

9(j) The biennial renewal fee for an additional office as described
10in Section 1926.4 shall not exceed two hundred fifty dollars ($250).

11(k) The initial application and biennial special permit fee is an
12amount equal to the biennial renewal fee specified in paragraph
13(6) of subdivision (a).

14(l) The fees in this section shall not exceed an amount sufficient
15to cover the reasonable regulatory cost of carrying out this article.

begin delete
16

SEC. 16.  

Section 2052.5 of the Business and Professions Code
17 is amended to read:

18

2052.5.  

(a) The proposed registration program developed
19pursuant to subdivision (b) shall provide that, for purposes of the
20proposed registration program:

21(1) A physician and surgeon practices medicine in this state
22across state lines when that person is located outside of this state
23but, through the use of any medium, including an electronic
24medium, practices or attempts to practice, or advertises or holds
25himself or herself out as practicing, any system or mode of treating
26the sick or afflicted in this state, or diagnoses, treats, operates for,
27or prescribes for any ailment, blemish, deformity, disease,
28disfigurement, disorder, injury, or other physical or mental
29condition of any person in this state.

30(2) A doctor of podiatric medicine practices podiatric medicine
31in this state across state lines when that person is located outside
32of this state but, through the use of any medium, including an
33electronic medium, practices or attempts to practice podiatric
34medicine, as defined in Section 1472, in this state.

35(3) The proposed registration program shall not apply to any
36consultation described in Section 2060.

37(b) The board may, at its discretion, develop a proposed
38registration program to permit a physician and surgeon, or a doctor
39of podiatric medicine, located outside this state to register with
P48   1the board to practice medicine or podiatric medicine in this state
2across state lines.

3(1) The proposed registration program shall include proposed
4requirements for registration, including, but not limited to, licensure
5in the state or country where the physician and surgeon, or the
6doctor of podiatric medicine, resides, and education and training
7requirements.

8(2) The proposed registration program may also include all of
9the following: (A) standards for confidentiality, format, and
10retention of medical records, (B) access to medical records by the
11board, (C) registration fees, renewal fees, delinquency fees, and
12replacement document fees in an amount not to exceed the actual
13cost of administering the registration program, and (D) provisions
14ensuring that enforcement and consumer education shall be integral
15parts of administering the registration program.

16(3) The proposed registration program may also provide all of
17the following:

18(A) All laws, rules, and regulations that govern the practice of
19medicine or podiatric medicine in this state, including, but not
20limited to, confidentiality and reporting requirements, shall apply
21to a physician and surgeon, or a doctor of podiatric medicine, who
22is registered by the board to practice medicine or podiatric medicine
23in this state across state lines.

24(B) The board may deny an application for registration or may
25suspend, revoke, or otherwise discipline a registrant for any of the
26following: (i) on any ground prescribed by this chapter, (ii) failure
27to possess or to maintain a valid license in the state where the
28registrant resides, or (iii) if the applicant or registrant is not licensed
29by the state or country in which he or she resides, and that state or
30country prohibits the practice of medicine or podiatric medicine
31from that state or country into any other state or country without
32a valid registration or license issued by the state or country in
33which the applicant or registrant practices. Action to deny or
34discipline a registrant shall be taken in the manner provided for in
35this chapter.

36(C) Any of the following shall be grounds for discipline of a
37registrant: (i) to allow any person to engage in the practice of
38medicine or podiatric medicine in this state across state lines under
39his or her registration, including, but not limited to, any nurse,
40physician assistant, medical assistant, or other person, (ii) to fail
P49   1to include his or her registration number on any invoice or other
2type of billing statement submitted for care or treatment provided
3to a patient located in this state, (iii) to practice medicine or
4podiatric medicine in any other state or country without meeting
5the legal requirements to practice medicine or podiatric medicine
6in that state or country, or (iv) to fail to notify the board, in a
7manner prescribed by the board, of any restrictions placed on his
8or her medical license, or podiatric medical license, in any state.

9(D) A registration issued pursuant to the registration program
10shall automatically be suspended upon receipt of a copy, from the
11state that issued the license, of the surrender, revocation,
12suspension, or other similar type of action taken by another state
13or country against a medical license, or podiatric medical license,
14issued to a registrant. The board shall notify the registrant in writing
15of the suspension and of the registrant’s right to a hearing.

16(4) Section 2314 shall not apply to the registration program.

17(c) This section shall not be construed to authorize the board to
18implement a registration program for physicians and surgeons or
19doctors of podiatric medicine located outside this state. This section
20is intended to authorize the board to develop a proposed registration
21program to be authorized for implementation by future legislation.

22(d) For purposes of this section, “board” refers to either the
23Medical Board of California or the California Board of Podiatric
24Medicine, as applicable.

25

SEC. 17.  

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

27

2423.  

(a) Notwithstanding Section 2422:

28(1) All physician and surgeon’s certificates, registrations of
29spectacle lens dispensers and contact lens dispensers, and
30certificates to practice midwifery shall expire at 12 midnight on
31the last day of the birth month of the licensee during the second
32year of a two-year term if not renewed.

33(2) Registrations of dispensing opticians will expire at midnight
34on the last day of the month in which the license was issued during
35the second year of a two-year term if not renewed.

36(b) The board shall establish by regulation procedures for the
37administration of a birth date renewal program, including, but not
38limited to, the establishment of a system of staggered license
39expiration dates such that a relatively equal number of licenses
40expire monthly.

P50   1(c) To renew an unexpired license, the licensee shall, on or
2before the dates on which it would otherwise expire, apply for
3renewal on a form prescribed by the licensing authority and pay
4the prescribed renewal fee.

5

SEC. 18.  

Article 22 (commencing with Section 2460) of
6Chapter 5 of Division 2 of the Business and Professions Code is
7repealed.

end delete
8begin insert

begin insertSEC. 3.end insert  

end insert

begin insertSection 2472 of the end insertbegin insertBusiness and Professions Codeend insertbegin insert is
9amended to read:end insert

10

2472.  

(a) The certificate to practice podiatric medicine
11authorizes the holder to practice podiatric medicine.

12(b) As used in this chapter, “podiatric medicine” means the
13diagnosis, medical, surgical, mechanical, manipulative, and
14electrical treatment of the human foot, including the ankle and
15tendons that insert into the foot and the nonsurgical treatment of
16the muscles and tendons of the leg governing the functions of the
17foot.

18(c) A doctor of podiatric medicinebegin delete mayend deletebegin insert shallend insert not administer an
19anesthetic other than local. If an anesthetic other than local is
20required for any procedure, the anesthetic shall be administered
21by another licensed health care practitioner who is authorized to
22administer the required anesthetic within the scope of his or her
23practice.

24(d) (1) A doctor of podiatric medicinebegin delete who is ankle certified
25by the board on and after January 1, 1984,end delete
may do the following:

26(A) Perform surgical treatment of the ankle and tendons at the
27level of the ankle pursuant to subdivision (e).

28(B) Perform services under the direct supervision of a physician
29and surgeon, as an assistant at surgery, in surgical procedures that
30are otherwise beyond the scope of practice of a doctor of podiatric
31medicine.

32(C) Perform a partial amputation of the foot no further proximal
33than the Chopart’s joint.

34(2) Nothing in this subdivision shall be construed to permit a
35doctor of podiatric medicine to function as a primary surgeon for
36any procedure beyond his or her scope of practice.

37(e) A doctor of podiatric medicine may perform surgical
38treatment of the ankle and tendons at the level of the ankle only
39in the following locations:

P51   1(1) A licensed general acute care hospital, as defined in Section
21250 of the Health and Safety Code.

3(2) A licensed surgical clinic, as defined in Section 1204 of the
4Health and Safety Code, if the doctor of podiatric medicine has
5surgical privileges, including the privilege to perform surgery on
6the ankle, in a general acute care hospital described in paragraph
7(1) and meets all the protocols of the surgical clinic.

8(3) An ambulatory surgical center that is certified to participate
9in the Medicare program under Title XVIII (42 U.S.C. Sec. 1395
10et seq.) of the federal Social Security Act, if the doctor of podiatric
11medicine has surgical privileges, including the privilege to perform
12surgery on the ankle, in a general acute care hospital described in
13paragraph (1) and meets all the protocols of the surgical center.

14(4) A freestanding physical plant housing outpatient services
15of a licensed general acute care hospital, as defined in Section
161250 of the Health and Safety Code, if the doctor of podiatric
17medicine has surgical privileges, including the privilege to perform
18surgery on the ankle, in a general acute care hospital described in
19paragraph (1). For purposes of this section, a “freestanding physical
20plant” means any building that is not physically attached to a
21building where inpatient services are provided.

22(5) An outpatient setting accredited pursuant to subdivision (g)
23of Section 1248.1 of the Health and Safety Code.

24begin insert

begin insertSEC. 4.end insert  

end insert

begin insertSection 2499.5 of the end insertbegin insertBusiness and Professions Codeend insert
25
begin insert is amended to read:end insert

26

2499.5.  

The following fees apply to certificates to practice
27podiatric medicine. The amount of fees prescribed for doctors of
28podiatric medicine shall be those set forth in this section unless a
29lower fee is established by the board in accordance with Section
302499.6. Fees collected pursuant to this section shall be fixed by
31the board in amounts not to exceed the actual costs of providing
32the service for which the fee is collected.

33(a) Each applicant for a certificate to practice podiatric medicine
34shall pay an application fee ofbegin delete twenty dollars ($20)end deletebegin insert one hundred
35 dollars ($100)end insert
at the time the application is filed. If the applicant
36qualifies for a certificate, he or she shall pay a fee which shall be
37fixed by the board at an amount not to exceed one hundred dollars
38($100) nor less than five dollars ($5) for the issuance of the
39certificate.

P52   1(b) The oral examination fee shall be seven hundred dollars
2($700), or the actual cost, whichever is lower, and shall be paid
3by each applicant. If the applicant’s credentials are insufficient or
4if the applicant does not desire to take the examination, and has
5so notified the board 30 days prior to the examination date, only
6the examination fee is returnable to the applicant. The board may
7charge an examination fee for any subsequent reexamination of
8the applicant.

9(c) Each applicant who qualifies for a certificate, as a condition
10precedent to its issuance, in addition to other fees required by this
11section, shall pay an initial license fee. The initial license fee shall
12be eight hundred dollars ($800). The initial license shall expire
13the second year after its issuance on the last day of the month of
14birth of the licensee. The board may reduce the initial license fee
15by up to 50 percent of the amount of the fee for any applicant who
16is enrolled in a postgraduate training program approved by the
17board or who has completed a postgraduate training program
18approved by the board within six months prior to the payment of
19the initial license fee.

20(d) The biennial renewal fee shall be nine hundred dollars
21($900). Any licensee enrolled in an approved residency program
22shall be required to pay only 50 percent of the biennial renewal
23fee at the time of his or her first renewal.

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

25(f) The duplicate wall certificate fee isbegin delete forty dollars ($40).end deletebegin insert one
26hundred dollars ($100).end insert

27(g) The duplicate renewal receipt fee isbegin delete forty dollars ($40).end deletebegin insert fifty
28dollars ($50).end insert

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

30(i) The letter of good standing fee or for loan deferment isbegin delete thirty
31dollars ($30).end delete
begin insert one hundred dollars ($100).end insert

32(j) There shall be a fee ofbegin delete sixty dollars ($60)end deletebegin insert one hundred dollars
33($100)end insert
for the issuance of a resident’s license under Section 2475.

begin delete

34(k) The application fee for ankle certification under Section
352472 for persons licensed prior to January 1, 1984, shall be fifty
36dollars ($50). The examination and reexamination fee for this
37certification shall be seven hundred dollars ($700).

end delete
begin delete

38(l)

end delete

39begin insert(k)end insert The filing fee to appeal the failure of an oral examination
40shall bebegin delete twenty-five dollars ($25).end deletebegin insert one hundred dollars ($100).end insert

begin delete

P53   1(m)

end delete

2begin insert(end insertbegin insertlend insertbegin insert)end insert The fee for approval of a continuing education course or
3program shall bebegin delete one hundred dollars ($100).end deletebegin insert two hundred fifty
4dollars ($250).end insert

5

begin deleteSEC. 19.end delete
6
begin insertSEC. 5.end insert  

Section 2546.9 of the Business and Professions Code
7 is repealed.

8

begin deleteSEC. 20.end delete
9
begin insertSEC. 6.end insert  

Section 2546.9 is added to the Business and Professions
10Code
, to read:

11

2546.9.  

The amount of fees prescribed in connection with the
12registration of nonresident contact lens sellers is that established
13by the following schedule:

14(a) The application fee for a nonresident contact lens seller shall
15be a minimum of one hundred fifty dollars ($150) and shall not
16exceed two hundred dollars ($200).

17(b) The initial registration fee shall be a minimum of two
18hundred dollars ($200) and shall not exceed three hundred dollars
19($300).

20(c) The renewal fee shall be a minimum of two hundred dollars
21($200) and shall not exceed three hundred dollars ($300).

22(d) The delinquency fee shall be a minimum of fifty dollars
23($50) and shall not exceed seventy- five dollars ($75).

24(e) The fee for replacement of a lost, stolen, or destroyed
25registration shall be twenty-five dollars ($25).

26(f) The State Board of Optometry may periodically revise and
27fix by regulation the fees specified in subdivisions (a), (b), (c), and
28(d), and these revised fees shall not exceed the reasonable
29regulatory cost.

30(g) The fees collected pursuant to this chapter shall be deposited
31in the Dispensing Opticians Fund, and shall be available, upon
32appropriation, to the State Board of Optometry for the purposes
33of this chapter.

34

begin deleteSEC. 21.end delete
35
begin insertSEC. 7.end insert  

Section 2565 of the Business and Professions Code is
36repealed.

37

begin deleteSEC. 22.end delete
38
begin insertSEC. 8.end insert  

Section 2565 is added to the Business and Professions
39Code
, to read:

P54   1

2565.  

The amount of fees prescribed in connection with the
2registration of dispensing opticians shall be as set forth in this
3section.

4(a) The application fee for registration shall be a minimum of
5one hundred fifty dollars ($150) and shall not exceed two hundred
6dollars ($200).

7(b) The initial registration fee shall be a minimum of two
8hundred dollars ($200) and shall not exceed three hundred dollars
9($300).

10(c) The renewal fee shall be a minimum of two hundred dollars
11($200) and shall not exceed three hundred dollars ($300).

12(d) The delinquency fee shall be a minimum of fifty dollars
13($50) and shall not exceed seventy-five dollars ($75).

14(e) The fee for replacement of a lost, stolen, or destroyed
15certificate shall be twenty-five dollars ($25).

16(f) The State Board of Optometry may periodically revise and
17fix by regulation the fees specified in subdivisions (a), (b), (c), and
18(d), and these revised fees shall not exceed the reasonable
19regulatory cost.

20

begin deleteSEC. 23.end delete
21
begin insertSEC. 9.end insert  

Section 2566 of the Business and Professions Code is
22repealed.

23

begin deleteSEC. 24.end delete
24
begin insertSEC. 10.end insert  

Section 2566 is added to the Business and Professions
25Code
, to read:

26

2566.  

The amount of fees prescribed in connection with
27certificates for contact lens dispensers is as follows:

28(a) The application fee for a registered contact lens dispenser
29shall be a minimum of one hundred fifty dollars ($150) and shall
30not exceed two hundred dollars ($200).

31(b) The initial registration fee shall be a minimum of two
32hundred dollars ($200) and shall not exceed three hundred dollars
33($300).

34(c) The biennial fee for the renewal of certificates shall be a
35minimum of two hundred dollars ($200) and shall not exceed three
36hundred dollars ($300).

37(d) The delinquency fee shall be a minimum of fifty dollars
38($50) and shall not exceed seventy-five dollars ($75).

P55   1(e) The division may by regulation provide for a refund of a
2portion of the application fee to applicants who do not meet the
3requirements for registration.

4(f) The State Board of Optometry may periodically revise and
5fix by regulation the fees specified in subdivisions (a), (b), (c), and
6(d), and these revised fees shall not exceed the reasonable
7regulatory cost.

8(g) The fee for replacement of a lost, stolen, or destroyed
9certificate is twenty-five dollars ($25).

10

begin deleteSEC. 25.end delete
11
begin insertSEC. 11.end insert  

Section 2566.1 of the Business and Professions Code
12 is repealed.

13

begin deleteSEC. 26.end delete
14
begin insertSEC. 12.end insert  

Section 2566.1 is added to the Business and
15Professions Code
, to read:

16

2566.1.  

The amount of fees prescribed in connection with
17certificates for spectacle lens dispensers shall be as set forth in this
18section:

19(a) The application for registration fee shall be a minimum of
20one hundred fifty dollars ($150) and shall not exceed two hundred
21dollars ($200).

22(b) The initial registration fee shall be a minimum of two
23hundred dollars ($200) and shall not exceed three hundred dollars
24($300).

25(c) The renewal fee shall be a minimum of two hundred dollars
26($200) and shall not exceed three hundred dollars ($300).

27(d) The delinquency fee shall be a minimum of fifty dollars
28($50) and shall not exceed seventy-five dollars ($75).

29(e) The fee for replacement of a lost, stolen or destroyed
30certificate is twenty-five dollars ($25).

31(f) The State Board of Optometry may periodically revise and
32fix by regulation the fees specified in subdivisions (a), (b), (c), and
33(d), and these revised fees shall not exceed the reasonable
34regulatory cost.

35

begin deleteSEC. 27.end delete
36
begin insertSEC. 13.end insert  

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

38

2733.  

(a) (1) (A) Upon approval of an application filed
39pursuant to subdivision (b) of Section 2732.1, and upon the
40payment of the fee prescribed by subdivision (k) of Section 2815,
P56   1the board may issue a temporary license to practice professional
2nursing, and a temporary certificate to practice as a certified public
3health nurse for a period of six months from the date of issuance.

4(B) Upon approval of an application filed pursuant to
5subdivision (b) of Section 2732.1, and upon the payment of the
6fee prescribed by subdivision (d) of Section 2838.2, the board may
7issue a temporary certificate to practice as a certified clinical nurse
8specialist for a period of six months from the date of issuance.

9(C) Upon approval of an application filed pursuant to
10subdivision (b) of Section 2732.1, and upon the payment of the
11fee prescribed by subdivision (e) of Section 2815.5, the board may
12issue a temporary certificate to practice as a certified nurse-midwife
13for a period of six months from the date of issuance.

14(D) Upon approval of an application filed pursuant to
15subdivision (b) of Section 2732.1, and upon the payment of the
16fee prescribed by subdivision (d) of Section 2830.7, the board may
17issue a temporary certificate to practice as a certified nurse
18anesthetist for a period of six months from the date of issuance.

19(E) Upon approval of an application filed pursuant to subdivision
20(b) of Section 2732.1, and upon the payment of the fee prescribed
21by subdivision (p) of Section 2815, the board may issue a
22 temporary certificate to practice as a certified nurse practitioner
23for a period of six months from the date of issuance.

24(2) A temporary license or temporary certificate shall terminate
25upon notice thereof by certified mail, return receipt requested, if
26it is issued by mistake or if the application for permanent licensure
27is denied.

28(b) Upon written application, the board may reissue a temporary
29license or temporary certificate to any person who has applied for
30a regular renewable license pursuant to subdivision (b) of Section
312732.1 and who, in the judgment of the board has been excusably
32delayed in completing his or her application for or the minimum
33requirements for a regular renewable license, but the board may
34not reissue a temporary license or temporary certificate more than
35twice to any one person.

36

begin deleteSEC. 28.end delete
37
begin insertSEC. 14.end insert  

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

39

2746.51.  

(a) Neither this chapter nor any other provision of
40law shall be construed to prohibit a certified nurse-midwife from
P57   1furnishing or ordering drugs or devices, including controlled
2substances classified in Schedule II, III, IV, or V under the
3California Uniform Controlled Substances Act (Division 10
4(commencing with Section 11000) of the Health and Safety Code),
5when all of the following apply:

6(1) The drugs or devices are furnished or ordered incidentally
7to the provision of any of the following:

8(A) Family planning services, as defined in Section 14503 of
9the Welfare and Institutions Code.

10(B) Routine health care or perinatal care, as defined in
11subdivision (d) of Section 123485 of the Health and Safety Code.

12(C) Care rendered, consistent with the certified nurse-midwife’s
13educational preparation or for which clinical competency has been
14established and maintained, to persons within a facility specified
15in subdivision (a), (b), (c), (d), (i), or (j) of Section 1206 of the
16Health and Safety Code, a clinic as specified in Section 1204 of
17the Health and Safety Code, a general acute care hospital as defined
18in subdivision (a) of Section 1250 of the Health and Safety Code,
19a licensed birth center as defined in Section 1204.3 of the Health
20and Safety Code, or a special hospital specified as a maternity
21hospital in subdivision (f) of Section 1250 of the Health and Safety
22Code.

23(2) The drugs or devices are furnished or ordered by a certified
24nurse-midwife in accordance with standardized procedures or
25protocols. For purposes of this section, standardized procedure
26means a document, including protocols, developed and approved
27by the supervising physician and surgeon, the certified
28nurse-midwife, and the facility administrator or his or her designee.
29The standardized procedure covering the furnishing or ordering
30of drugs or devices shall specify all of the following:

31(A) Which certified nurse-midwife may furnish or order drugs
32or devices.

33(B) Which drugs or devices may be furnished or ordered and
34under what circumstances.

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

36(D) The method of periodic review of the certified
37nurse-midwife’s competence, including peer review, and review
38of the provisions of the standardized procedure.

39(3) If Schedule II or III controlled substances, as defined in
40Sections 11055 and 11056 of the Health and Safety Code, are
P58   1furnished or ordered by a certified nurse-midwife, the controlled
2substances shall be furnished or ordered in accordance with a
3patient-specific protocol approved by the treating or supervising
4physician and surgeon. For Schedule II controlled substance
5protocols, the provision for furnishing the Schedule II controlled
6substance shall address the diagnosis of the illness, injury, or
7condition for which the Schedule II controlled substance is to be
8furnished.

9(4) The furnishing or ordering of drugs or devices by a certified
10nurse-midwife occurs under physician and surgeon supervision.
11For purposes of this section, no physician and surgeon shall
12supervise more than four certified nurse-midwives at one time.
13Physician and surgeon supervision shall not be construed to require
14the physical presence of the physician, but does include all of the
15following:

16(A) Collaboration on the development of the standardized
17procedure or protocol.

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

19(C) Availability by telephonic contact at the time of patient
20examination by the certified nurse-midwife.

21(b) (1) The furnishing or ordering of drugs or devices by a
22certified nurse-midwife is conditional on the issuance by the board
23of a number to the applicant who has successfully completed the
24requirements of paragraph (2). The number shall be included on
25all transmittals of orders for drugs or devices by the certified
26nurse-midwife. The board shall maintain a list of the certified
27nurse-midwives that it has certified pursuant to this paragraph and
28the number it has issued to each one. The board shall make the list
29available to the California State Board of Pharmacy upon its
30request. Every certified nurse-midwife who is authorized pursuant
31to this section to furnish or issue a drug order for a controlled
32substance shall register with the United States Drug Enforcement
33Administration.

34(2) The board has certified in accordance with paragraph (1)
35that the certified nurse-midwife has satisfactorily completed a
36course in pharmacology covering the drugs or devices to be
37furnished or ordered under this section. The board shall establish
38the requirements for satisfactory completion of this paragraph.
39The board may charge the applicant a fee to cover all necessary
40costs to implement this section, that shall be not less than four
P59   1hundred dollars ($400) nor more than one thousand five hundred
2dollars ($1,500) for an initial application, nor less than one hundred
3fifty dollars ($150) nor more than one thousand dollars ($1,000)
4for an application for renewal. The board may charge a penalty
5fee for failure to renew a furnishing number within the prescribed
6time that shall be not less than seventy-five dollars ($75) nor more
7than five hundred dollars ($500).

8(3) A physician and surgeon may determine the extent of
9supervision necessary pursuant to this section in the furnishing or
10ordering of drugs and devices.

11(4) A copy of the standardized procedure or protocol relating
12to the furnishing or ordering of controlled substances by a certified
13nurse-midwife shall be provided upon request to any licensed
14pharmacist who is uncertain of the authority of the certified
15nurse-midwife to perform these functions.

16(5) Certified nurse-midwives who are certified by the board and
17hold an active furnishing number, who are currently authorized
18through standardized procedures or protocols to furnish Schedule
19II controlled substances, and who are registered with the United
20 States Drug Enforcement Administration shall provide
21documentation of continuing education specific to the use of
22Schedule II controlled substances in settings other than a hospital
23based on standards developed by the board.

24(c) Drugs or devices furnished or ordered by a certified
25nurse-midwife may include Schedule II controlled substances
26under the California Uniform Controlled Substances Act (Division
2710 (commencing with Section 11000) of the Health and Safety
28Code) under the following conditions:

29(1) The drugs and devices are furnished or ordered in accordance
30with requirements referenced in paragraphs (2) to (4), inclusive,
31of subdivision (a) and in paragraphs (1) to (3), inclusive, of
32 subdivision (b).

33(2) When Schedule II controlled substances, as defined in
34Section 11055 of the Health and Safety Code, are furnished or
35ordered by a certified nurse-midwife, the controlled substances
36shall be furnished or ordered in accordance with a patient-specific
37protocol approved by the treating or supervising physician and
38surgeon.

39(d) Furnishing of drugs or devices by a certified nurse-midwife
40means the act of making a pharmaceutical agent or agents available
P60   1to the patient in strict accordance with a standardized procedure
2or protocol. Use of the term “furnishing” in this section shall
3include the following:

4(1) The ordering of a drug or device in accordance with the
5standardized procedure or protocol.

6(2) Transmitting an order of a supervising physician and
7surgeon.

8(e) “Drug order” or “order” for purposes of this section means
9an order for medication or for a drug or device that is dispensed
10to or for an ultimate user, issued by a certified nurse-midwife as
11an individual practitioner, within the meaning of Section 1306.03
12of Title 21 of the Code of Federal Regulations. Notwithstanding
13any other provision of law, (1) a drug order issued pursuant to this
14section shall be treated in the same manner as a prescription of the
15supervising physician; (2) all references to “prescription” in this
16code and the Health and Safety Code shall include drug orders
17issued by certified nurse-midwives; and (3) the signature of a
18certified nurse-midwife on a drug order issued in accordance with
19this section shall be deemed to be the signature of a prescriber for
20purposes of this code and the Health and Safety Code.

21

begin deleteSEC. 29.end delete
22
begin insertSEC. 15.end insert  

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

24

2786.5.  

(a) An institution of higher education or a private
25postsecondary school of nursing approved by the board pursuant
26to subdivision (b) of Section 2786 shall remit to the board for
27deposit in the Board of Registered Nursing Fund the following
28fees, in accordance with the following schedule:

29(1) The fee for approval of a school of nursing shall be fixed
30by the board at not less than forty thousand dollars ($40,000) nor
31more than eighty thousand dollars ($80,000).

32(2) The fee for continuing approval of a nursing program
33established after January 1, 2013, shall be fixed by the board at
34not less than fifteen thousand dollars ($15,000) nor more than
35thirty thousand dollars ($30,000).

36(3) The processing fee for authorization of a substantive change
37to an approval of a school of nursing shall be fixed by the board
38at not less than two thousand five hundred dollars ($2,500) nor
39more than five thousand dollars ($5,000).

P61   1(b) If the board determines that the annual cost of providing
2oversight and review of a school of nursing, as required by this
3article, is less than the amount of any fees required to be paid by
4that institution pursuant to this article, the board may decrease the
5fees applicable to that institution to an amount that is proportional
6to the board’s costs associated with that institution.

7

begin deleteSEC. 30.end delete
8
begin insertSEC. 16.end insert  

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

10

2811.  

(a) Each person holding a regular renewable license
11under this chapter, whether in an active or inactive status, shall
12apply for a renewal of his or her license and pay the biennial
13renewal fee required by this chapter each two years on or before
14the last day of the month following the month in which his or her
15birthday occurs, beginning with the second birthday following the
16date on which the license was issued, whereupon the board shall
17renew the license.

18(b) Each such license not renewed in accordance with this
19section shall expire but may within a period of eight years
20thereafter be reinstated upon payment of the fee required by this
21chapter and upon submission of such proof of the applicant’s
22qualifications as may be required by the board, except that during
23such eight-year period no examination shall be required as a
24condition for the reinstatement of any such expired license which
25has lapsed solely by reason of nonpayment of the renewal fee.
26After the expiration of such eight-year period the board may require
27as a condition of reinstatement that the applicant pass such
28examination as it deems necessary to determine his present fitness
29to resume the practice of professional nursing.

30(c) A license in an inactive status may be restored to an active
31status if the licensee meets the continuing education standards of
32Section 2811.5.

33

begin deleteSEC. 31.end delete
34
begin insertSEC. 17.end insert  

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

36

2811.5.  

(a) Each person renewing his or her license under
37Section 2811 shall submit proof satisfactory to the board that,
38during the preceding two-year period, he or she has been informed
39of the developments in the registered nurse field or in any special
40area of practice engaged in by the licensee, occurring since the
P62   1last renewal thereof, either by pursuing a course or courses of
2continuing education in the registered nurse field or relevant to
3the practice of the licensee, and approved by the board, or by other
4means deemed equivalent by the board.

5(b) For purposes of this section, the board shall, by regulation,
6establish standards for continuing education. The standards shall
7be established in a manner to ensure that a variety of alternative
8forms of continuing education are available to licensees, including,
9but not limited to, academic studies, in-service education, institutes,
10seminars, lectures, conferences, workshops, extension studies, and
11home study programs. The standards shall take cognizance of
12specialized areas of practice, and content shall be relevant to the
13practice of nursing and shall be related to the scientific knowledge
14or technical skills required for the practice of nursing or be related
15to direct or indirect patient or client care. The continuing education
16standards established by the board shall not exceed 30 hours of
17direct participation in a course or courses approved by the board,
18or its equivalent in the units of measure adopted by the board.

19(c) The board shall audit continuing education providers at least
20once every five years to ensure adherence to regulatory
21requirements, and shall withhold or rescind approval from any
22provider that is in violation of the regulatory requirements.

23(d) The board shall encourage continuing education in spousal
24or partner abuse detection and treatment. In the event the board
25establishes a requirement for continuing education coursework in
26spousal or partner abuse detection or treatment, that requirement
27shall be met by each licensee within no more than four years from
28the date the requirement is imposed.

29(e) In establishing standards for continuing education, the board
30shall consider including a course in the special care needs of
31individuals and their families facing end-of-life issues, including,
32but not limited to, all of the following:

33(1) Pain and symptom management.

34(2) The psycho-social dynamics of death.

35(3) Dying and bereavement.

36(4) Hospice care.

37(f) In establishing standards for continuing education, the board
38may include a course on pain management.

P63   1(g) This section shall not apply to licensees during the first two
2years immediately following their initial licensure in California
3or any other governmental jurisdiction.

4(h) The board may, in accordance with the intent of this section,
5make exceptions from continuing education requirements for
6licensees residing in another state or country, or for reasons of
7health, military service, or other good cause.

8

begin deleteSEC. 32.end delete
9
begin insertSEC. 18.end insert  

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

11

2815.  

Subject to the provisions of Section 128.5, the amount
12of the fees prescribed by this chapter in connection with the
13issuance of licenses for registered nurses under its provisions is
14that fixed by the following schedule:

15(a) (1) The fee to be paid upon the filing by a graduate of an
16approved school of nursing in this state of an application for a
17licensure by examination shall be fixed by the board at not less
18than three hundred dollars ($300) nor more than one thousand
19dollars ($1,000).

20(2) The fee to be paid upon the filing by a graduate of a school
21of nursing in another state, district, or territory of the United States
22of an application for a licensure by examination shall be fixed by
23the board at not less than three hundred fifty dollars ($350) nor
24more than one thousand dollars ($1,000).

25(3) The fee to be paid upon the filing by a graduate of a school
26of nursing in another country of an application for a licensure by
27examination shall be fixed by the board at not less than seven
28hundred fifty dollars ($750) nor more than one thousand five
29hundred dollars ($1,500).

30(4) The fee to be paid upon the filing of an application for
31licensure by a repeat examination shall be fixed by the board at
32not less than two hundred fifty dollars ($250) and not more than
33one thousand dollars ($1,000).

34(b) The fee to be paid for taking each examination shall be the
35actual cost to purchase an examination from a vendor approved
36by the board.

37(c) (1) The fee to be paid for application by a person who is
38licensed or registered as a nurse in another state, district, or territory
39of the United States for licensure by endorsement shall be fixed
P64   1by the board at not less than three hundred fifty dollars ($350) nor
2more than one thousand dollars ($1,000).

3(2) The fee to be paid for application by a person who is licensed
4or registered as a nurse in another country for licensure by
5endorsement shall be fixed by the board at not less than seven
6hundred fifty dollars ($750) nor more than one thousand five
7hundred dollars ($1,500).

8(d) (1) The biennial fee to be paid upon the filing of an
9application for renewal of the license shall be not less than one
10hundred eighty dollars ($180) nor more than seven hundred fifty
11dollars ($750). In addition, an assessment of ten dollars ($10) shall
12be collected and credited to the Registered Nurse Education Fund,
13pursuant to Section 2815.1.

14(2) The fee to be paid upon the filing of an application for
15reinstatement pursuant to subdivision (b) of Section 2811 shall be
16not less than three hundred fifty dollars ($350) nor more than one
17thousand dollars ($1,000).

18(e) The penalty fee for failure to renew a license within the
19prescribed time shall be fixed by the board at not more than 50
20percent of the regular renewal fee, but not less than ninety dollars
21 ($90) nor more than three hundred seventy-five dollars ($375).

22(f) The fee to be paid for approval of a continuing education
23provider shall be fixed by the board at not less than five hundred
24dollars ($500) nor more than one thousand dollars ($1,000).

25(g) The biennial fee to be paid upon the filing of an application
26for renewal of provider approval shall be fixed by the board at not
27less than seven hundred fifty dollars ($750) nor more than one
28thousand dollars ($1,000).

29(h) The penalty fee for failure to renew provider approval within
30the prescribed time shall be fixed at not more than 50 percent of
31the regular renewal fee, but not less than one hundred twenty-five
32dollars ($125) nor more than five hundred dollars ($500).

33(i) The penalty for submitting insufficient funds or fictitious
34check, draft or order on any bank or depository for payment of
35any fee to the board shall be fixed at not less than fifteen dollars
36($15) nor more than thirty dollars ($30).

37(j) The fee to be paid for an interim permit shall be fixed by the
38board at not less than one hundred dollars ($100) nor more than
39two hundred fifty dollars ($250).

P65   1(k) The fee to be paid for a temporary license shall be fixed by
2the board at not less than one hundred dollars ($100) nor more
3than two hundred fifty dollars ($250).

4(l) The fee to be paid for processing endorsement papers to other
5states shall be fixed by the board at not less than one hundred
6dollars ($100) nor more than two hundred dollars ($200).

7(m) The fee to be paid for a certified copy of a school transcript
8shall be fixed by the board at not less than fifty dollars ($50) nor
9more than one hundred dollars ($100).

10(n) (1) The fee to be paid for a duplicate pocket license shall
11be fixed by the board at not less than fifty dollars ($50) nor more
12than seventy-five dollars ($75).

13(2) The fee to be paid for a duplicate wall certificate shall be
14fixed by the board at not less than sixty dollars ($60) nor more
15than one hundred dollars ($100).

16(o) (1) The fee to be paid by a registered nurse for an evaluation
17of his or her qualifications to use the title “nurse practitioner” shall
18be fixed by the board at not less than five hundred dollars ($500)
19nor more than one thousand five hundred dollars ($1,500).

20(2) The fee to be paid by a registered nurse for a temporary
21certificate to practice as a nurse practitioner shall be fixed by the
22board at not less than one hundred fifty dollars ($150) nor more
23than five hundred dollars ($500).

24(3) The fee to be paid upon the filing of an application for
25renewal of a certificate to practice as a nurse practitioner shall be
26not less than one hundred fifty dollars ($150) nor more than one
27thousand dollars ($1,000).

28(4) The penalty fee for failure to renew a certificate to practice
29as a nurse practitioner within the prescribed time shall be not less
30than seventy-five dollars ($75) nor more than five hundred dollars
31($500).

32(p) The fee to be paid by a registered nurse for listing as a
33“psychiatric mental health nurse” shall be fixed by the board at
34not less than three hundred fifty dollars ($350) nor more than seven
35hundred fifty dollars ($750).

36(q) The fee to be paid for duplicate National Council Licensure
37Examination for registered nurses (NCLEX-RN) examination
38results shall be not less than sixty dollars ($60) nor more than one
39hundred dollars ($100).

P66   1(r) The fee to be paid for a letter certifying a license shall be
2not less than twenty dollars ($20) nor more than thirty dollars
3($30).

4No further fee shall be required for a license or a renewal thereof
5other than as prescribed by this chapter.

6

begin deleteSEC. 33.end delete
7
begin insertSEC. 19.end insert  

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

9

2815.5.  

The amount of the fees prescribed by this chapter in
10connection with the issuance of certificates as nurse-midwives is
11that fixed by the following schedule:

12(a) The fee to be paid upon the filing of an application for a
13certificate shall be fixed by the board at not less than five hundred
14dollars ($500) nor more than one thousand five hundred dollars
15($1,500).

16(b) The biennial fee to be paid upon the application for a renewal
17of a certificate shall be fixed by the board at not less than one
18hundred fifty dollars ($150) nor more than one thousand dollars
19($1,000).

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

24(d) The fee to be paid upon the filing of an application for the
25nurse-midwife equivalency examination shall be fixed by the board
26at not less than one hundred dollars ($100) nor more than two
27hundred dollars ($200).

28(e) The fee to be paid for a temporary certificate shall be fixed
29by the board at not less than one hundred fifty dollars ($150) nor
30more than five hundred dollars ($500).

31

begin deleteSEC. 34.end delete
32
begin insertSEC. 20.end insert  

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

34

2816.  

The nonrefundable fee to be paid by a registered nurse
35for an evaluation of his or her qualifications to use the title “public
36health nurse” shall be equal to the fees set out in subdivision (o)
37of Section 2815. The fee to be paid upon the application for
38renewal of the certificate to practice as a public health nurse shall
39be fixed by the board at not less than one hundred twenty-five
40dollars ($125) and not more than five hundred dollars ($500). All
P67   1fees payable under this section shall be collected by and paid to
2the Registered Nursing Fund. It is the intention of the Legislature
3that the costs of carrying out the purposes of this article shall be
4covered by the revenue collected pursuant to this section.

5

begin deleteSEC. 35.end delete
6
begin insertSEC. 21.end insert  

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

8

2830.7.  

The amount of the fees prescribed by this chapter in
9connection with the issuance of certificates as nurse anesthetists
10is that fixed by the following schedule:

11(a) The fee to be paid upon the filing of an application for a
12certificate shall be fixed by the board at not less than five hundred
13dollars ($500) nor more than one thousand five hundred dollars
14($1,500).

15(b) The biennial fee to be paid upon the application for a renewal
16of a certificate shall be fixed by the board at not less than one
17hundred fifty dollars ($150) nor more than one thousand dollars
18($1,000).

19(c) The penalty fee for failure to renew a certificate within the
20prescribed time shall be 50 percent of the renewal fee in effect on
21the date of the renewal of the license, but not less than seventy-five
22dollars ($75) nor more than five hundred dollars ($500).

23(d) 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. 36.end delete
27
begin insertSEC. 22.end insert  

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

29

2836.3.  

(a) The furnishing of drugs or devices by nurse
30practitioners is conditional on issuance by the board of a number
31to the nurse applicant who has successfully completed the
32requirements of subdivision (g) of Section 2836.1. The number
33shall be included on all transmittals of orders for drugs or devices
34by the nurse practitioner. The board shall make the list of numbers
35issued available to the Board of Pharmacy. The board may charge
36the applicant a fee to cover all necessary costs to implement this
37section, that shall be not less than four hundred dollars ($400) nor
38more than one thousand five hundred dollars ($1,500) for an initial
39application, nor less than one hundred fifty dollars ($150) nor more
40than one thousand dollars ($1,000) for an application for renewal.
P68   1The board may charge a penalty fee for failure to renew a
2furnishing number within the prescribed time that shall be not less
3than seventy-five dollars ($75) nor more than five hundred dollars
4($500).

5(b) The number shall be renewable at the time of the applicant’s
6registered nurse license renewal.

7(c) The board may revoke, suspend, or deny issuance of the
8numbers for incompetence or gross negligence in the performance
9of functions specified in Sections 2836.1 and 2836.2.

10

begin deleteSEC. 37.end delete
11
begin insertSEC. 23.end insert  

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

13

2838.2.  

(a) A clinical nurse specialist is a registered nurse with
14advanced education, who participates in expert clinical practice,
15education, research, consultation, and clinical leadership as the
16major components of his or her role.

17(b) The board may establish categories of clinical nurse
18specialists and the standards required to be met for nurses to hold
19themselves out as clinical nurse specialists in each category. The
20standards shall take into account the types of advanced levels of
21nursing practice that are or may be performed and the clinical and
22didactic education, experience, or both needed to practice safety
23at those levels. In setting the standards, the board shall consult
24with clinical nurse specialists, physicians and surgeons appointed
25by the Medical Board with expertise with clinical nurse specialists,
26and health care organizations that utilize clinical nurse specialists.

27(c) A registered nurse who meets one of the following
28requirements may apply to become a clinical nurse specialist:

29(1) Possession of a master’s degree in a clinical field of nursing.

30(2) Possession of a master’s degree in a clinical field related to
31nursing with coursework in the components referred to in
32subdivision (a).

33(3) On or before July 1, 1998, meets the following requirements:

34(A) Current licensure as a registered nurse.

35(B) Performs the role of a clinical nurse specialist as described
36in subdivision (a).

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

38(d) (1) A nonrefundable fee of not less than five hundred dollars
39($500), but not to exceed one thousand five hundred dollars
40($1,500) shall be paid by a registered nurse applying to be a clinical
P69   1nurse specialist for the evaluation of his or her qualifications to
2use the title “clinical nurse specialist.”

3(2) The fee to be paid for a temporary certificate to practice as
4a clinical nurse specialist shall be not less than thirty dollars ($30)
5nor more than fifty dollars ($50).

6(3) A biennial renewal fee shall be paid upon submission of an
7application to renew the clinical nurse specialist certificate and
8shall be established by the board at no less than one hundred fifty
9dollars ($150) and no more than one thousand dollars ($1,000).

10(4) The penalty fee for failure to renew a certificate within the
11prescribed time shall be 50 percent of the renewal fee in effect on
12the date of the renewal of the license, but not less than seventy-five
13dollars ($75) nor more than five hundred dollars ($500).

14(5) The fees authorized by this subdivision shall not exceed the
15amount necessary to cover the costs to the board to administer this
16section.

17

begin deleteSEC. 38.end delete
18
begin insertSEC. 24.end insert  

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

20

4128.2.  

(a) In addition to the pharmacy license requirement
21described in Section 4110, a centralized hospital packaging
22pharmacy shall obtain a specialty license from the board prior to
23engaging in the functions described in Section 4128.

24(b) An applicant seeking a specialty license pursuant to this
25article shall apply to the board on forms established by the board.

26(c) Before issuing the specialty license, the board shall inspect
27the pharmacy and ensure that the pharmacy is in compliance with
28this article and regulations established by the board.

29(d) A license to perform the functions described in Section 4128
30may only be issued to a pharmacy that is licensed by the board as
31a hospital pharmacy.

32(e) A license issued pursuant to this article shall be renewed
33annually and is not transferrable.

34(f) An applicant seeking renewal of a specialty license shall
35apply to the board on forms established by the board.

36(g) A license to perform the functions described in Section 4128
37shall not be renewed until the pharmacy has been inspected by the
38board and found to be in compliance with this article and
39regulations established by the board.

P70   1(h) Until July 1, 2017, the fee for issuance or annual renewal
2of a centralized hospital packaging pharmacy license shall be six
3hundred dollars ($600) and may be increased by the board to eight
4hundred dollars ($800).

begin delete
5

SEC. 39.  

Section 4170 of the Business and Professions Code
6 is amended to read:

7

4170.  

(a) No prescriber shall dispense drugs or dangerous
8devices to patients in his or her office or place of practice unless
9all of the following conditions are met:

10(1) The dangerous drugs or dangerous devices are dispensed to
11the prescriber’s own patient, and the drugs or dangerous devices
12are not furnished by a nurse or physician attendant.

13(2) The dangerous drugs or dangerous devices are necessary in
14the treatment of the condition for which the prescriber is attending
15the patient.

16(3) The prescriber does not keep a pharmacy, open shop, or
17drugstore, advertised or otherwise, for the retailing of dangerous
18drugs, dangerous devices, or poisons.

19(4) The prescriber fulfills all of the labeling requirements
20imposed upon pharmacists by Section 4076, all of the
21recordkeeping requirements of this chapter, and all of the packaging
22requirements of good pharmaceutical practice, including the use
23of childproof containers.

24(5) The prescriber does not use a dispensing device unless he
25or she personally owns the device and the contents of the device,
26and personally dispenses the dangerous drugs or dangerous devices
27to the patient packaged, labeled, and recorded in accordance with
28paragraph (4).

29(6) The prescriber, prior to dispensing, offers to give a written
30prescription to the patient that the patient may elect to have filled
31by the prescriber or by any pharmacy.

32(7) The prescriber provides the patient with written disclosure
33that the patient has a choice between obtaining the prescription
34from the dispensing prescriber or obtaining the prescription at a
35pharmacy of the patient’s choice.

36(8) A certified nurse-midwife who functions pursuant to a
37standardized procedure or protocol described in Section 2746.51,
38a nurse practitioner who functions pursuant to a standardized
39procedure described in Section 2836.1, or protocol, a physician
40assistant who functions pursuant to Section 3502.1, or a
P71   1naturopathic doctor who functions pursuant to Section 3640.5,
2may hand to a patient of the supervising physician and surgeon a
3properly labeled prescription drug prepackaged by a physician and
4surgeon, a manufacturer as defined in this chapter, or a pharmacist.

5(b) The Medical Board of California, the California Board of
6Podiatric Medicine, the State Board of Optometry, the Bureau of
7Naturopathic Medicine, the Dental Board of California, the
8Osteopathic Medical Board of California, the Board of Registered
9Nursing, the Veterinary Medical Board, and the Physician Assistant
10Committee shall have authority with the California State Board of
11Pharmacy to ensure compliance with this section, and those boards
12are specifically charged with the enforcement of this chapter with
13respect to their respective licensees.

14(c) “Prescriber,” as used in this section, means a person, who
15holds a physician’s and surgeon’s certificate, a license to practice
16optometry, a license to practice naturopathic medicine, a license
17to practice dentistry, a license to practice veterinary medicine, or
18a certificate to practice podiatry, and who is duly registered by the
19Medical Board of California, the California Board of Podiatric
20Medicine, the State Board of Optometry, the Bureau of
21Naturopathic Medicine, the Dental Board of California, the
22Veterinary Medical Board, or the Board of Osteopathic Examiners
23of this state.

24

SEC. 40.  

Section 4175 of the Business and Professions Code
25 is amended to read:

26

4175.  

(a) The California State Board of Pharmacy shall
27promptly forward to the appropriate licensing entity, including the
28Medical Board of California, the California Board of Podiatric
29Medicine, the Veterinary Medical Board, the Dental Board of
30California, the State Board of Optometry, the Osteopathic Medical
31Board of California, the Board of Registered Nursing, the Bureau
32of Naturopathic Medicine, or the Physician Assistant Committee,
33all complaints received related to dangerous drugs or dangerous
34devices dispensed by a prescriber, certified nurse-midwife, nurse
35practitioner, naturopathic doctor, or physician assistant pursuant
36to Section 4170.

37(b) All complaints involving serious bodily injury due to
38dangerous drugs or dangerous devices dispensed by prescribers,
39certified nurse-midwives, nurse practitioners, naturopathic doctors,
40or physician assistants pursuant to Section 4170 shall be handled
P72   1by the Medical Board of California, the California Board of
2Podiatric Medicine, the Dental Board of California, the State Board
3of Optometry, the Osteopathic Medical Board of California, the
4Bureau of Naturopathic Medicine, the Board of Registered Nursing,
5the Veterinary Medical Board, or the Physician Assistant
6Committee as a case of greatest potential harm to a patient.

end delete
7

begin deleteSEC. 41.end delete
8
begin insertSEC. 25.end insert  

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

10

4400.  

The amount of fees and penalties prescribed by this
11chapter, except as otherwise provided, is that fixed by the board
12according to the following schedule:

13(a) The fee for a nongovernmental pharmacy license shall be
14four hundred dollars ($400) and may be increased to five hundred
15twenty dollars ($520). The fee for the issuance of a temporary
16nongovernmental pharmacy permit shall be two hundred fifty
17dollars ($250) and may be increased to three hundred twenty-five
18dollars ($325).

19(b) The fee for a nongovernmental pharmacy license annual
20renewal shall be two hundred fifty dollars ($250) and may be
21increased to three hundred twenty-five dollars ($325).

22(c) The fee for the pharmacist application and examination shall
23be two hundred dollars ($200) and may be increased to two
24hundred sixty dollars ($260).

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

29(e) The fee for a pharmacist license and biennial renewal shall
30be one hundred fifty dollars ($150) and may be increased to one
31hundred ninety-five dollars ($195).

32(f) The fee for a nongovernmental wholesaler or third-party
33logistics provider license and annual renewal shall be seven
34hundred eighty dollars ($780) and may be decreased to no less
35than six hundred dollars ($600). The application fee for any
36additional location after licensure of the first 20 locations shall be
37three hundred dollars ($300) and may be decreased to no less than
38two hundred twenty-five dollars ($225). A temporary license fee
39shall be seven hundred fifteen dollars ($715) and may be decreased
40to no less than five hundred fifty dollars ($550).

P73   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).

P74   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).

P75   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. 42.end delete
27
begin insertSEC. 26.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).

P76   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).

P77   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
28 thirty 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
P78   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
P79   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.

22

begin deleteSEC. 43.end delete
23
begin insertSEC. 27.end insert  

Section 4830 of the Business and Professions Code
24 is amended to read:

25

4830.  

(a) This chapter does not apply to:

26(1) Veterinarians while serving in any armed branch of the
27military service of the United States or the United States
28Department of Agriculture while actually engaged and employed
29in their official capacity.

30(2) Veterinarians holding a current, valid license in good
31standing in another state or country who provide assistance to a
32California licensed veterinarian and attend on a specific case. The
33California licensed veterinarian shall maintain a valid
34veterinarian-client-patient relationship. The veterinarian providing
35the assistance shall not establish a veterinarian-client-patient
36relationship with the client by attending the case or at a future time
37and shall not practice veterinary medicine, open an office, appoint
38a place to meet patients, communicate with clients who reside
39within the limits of this state, give orders, or have ultimate authority
P80   1over the care or primary diagnosis of a patient that is located within
2this state.

3(3) Veterinarians called into the state by a law enforcement
4agency or animal control agency pursuant to subdivision (b).

5(4) Veterinarians employed by the University of California
6while engaged in the performance of duties in connection with the
7College of Agriculture, the Agricultural Experiment Station, the
8School of Veterinary Medicine, or the agricultural extension work
9of the university or employed by the Western University of Health
10Sciences while engaged in the performance of duties in connection
11with the College of Veterinary Medicine or the agricultural
12extension work of the university.

13(5) Students in the School of Veterinary Medicine of the
14University of California or the College of Veterinary Medicine of
15the Western University of Health Sciences who participate in
16diagnosis and treatment as part of their educational experience,
17including those in off-campus educational programs under the
18 direct supervision of a licensed veterinarian in good standing, as
19defined in paragraph (1) of subdivision (b) of Section 4848,
20appointed by the University of California, Davis, or the Western
21University of Health Sciences.

22(6) A veterinarian who is employed by the Meat and Poultry
23Inspection Branch of the California Department of Food and
24Agriculture while actually engaged and employed in his or her
25official capacity. A person exempt under this paragraph shall not
26otherwise engage in the practice of veterinary medicine unless he
27or she is issued a license by the board.

28(7) Unlicensed personnel employed by the Department of Food
29and Agriculture or the United States Department of Agriculture
30when in the course of their duties they are directed by a veterinarian
31supervisor to conduct an examination, obtain biological specimens,
32apply biological tests, or administer medications or biological
33products as part of government disease or condition monitoring,
34investigation, control, or eradication activities.

35(b) (1) For purposes of paragraph (3) of subdivision (a), a
36regularly licensed veterinarian in good standing who is called from
37another state by a law enforcement agency or animal control
38agency, as defined in Section 31606 of the Food and Agricultural
39Code, to attend to cases that are a part of an investigation of an
40alleged violation of federal or state animal fighting or animal
P81   1cruelty laws within a single geographic location shall be exempt
2from the licensing requirements of this chapter if the law
3enforcement agency or animal control agency determines that it
4is necessary to call the veterinarian in order for the agency or
5officer to conduct the investigation in a timely, efficient, and
6effective manner. In determining whether it is necessary to call a
7veterinarian from another state, consideration shall be given to the
8availability of veterinarians in this state to attend to these cases.
9An agency, department, or officer that calls a veterinarian pursuant
10to this subdivision shall notify the board of the investigation.

11(2) Notwithstanding any other provision of this chapter, a
12regularly licensed veterinarian in good standing who is called from
13another state to attend to cases that are a part of an investigation
14described in paragraph (1) may provide veterinary medical care
15for animals that are affected by the investigation with a temporary
16shelter facility, and the temporary shelter facility shall be exempt
17from the registration requirement of Section 4853 if all of the
18following conditions are met:

19(A) The temporary shelter facility is established only for the
20purpose of the investigation.

21(B) The temporary shelter facility provides veterinary medical
22care, shelter, food, and water only to animals that are affected by
23the investigation.

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

25(D) The temporary shelter facility exists for not more than 60
26days, unless the law enforcement agency or animal control agency
27determines that a longer period of time is necessary to complete
28the investigation.

29(E) Within 30 calendar days upon completion of the provision
30of veterinary health care services at a temporary shelter facility
31established pursuant to this section, the veterinarian called from
32another state by a law enforcement agency or animal control agency
33to attend to a case shall file a report with the board. The report
34shall contain the date, place, type, and general description of the
35care provided, along with a listing of the veterinary health care
36practitioners who participated in providing that care.

37(c) For purposes of paragraph (3) of subdivision (a), the board
38may inspect temporary facilities established pursuant to this
39section.

P82   1

begin deleteSEC. 44.end delete
2
begin insertSEC. 28.end insert  

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

4

4999.  

“Telephone medical advice service” means any business
5entity that employs, or contracts or subcontracts, directly or
6indirectly, with, the full-time equivalent of five or more persons
7functioning as health care professionals, whose primary function
8is to provide telephone medical advice, that provides telephone
9medical advice services to a patient at a California address.
10“Telephone medical advice service” does not include a medical
11group that operates in multiple locations in California if no more
12than five full-time equivalent persons at any one location perform
13telephone medical advice services and those persons limit the
14telephone medical advice services to patients being treated at that
15 location.

16

begin deleteSEC. 45.end delete
17
begin insertSEC. 29.end insert  

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

19

begin deleteSEC. 46.end delete
20
begin insertSEC. 30.end insert  

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

22

4999.2.  

A telephone medical advice service shall be responsible
23for complying with the following requirements:

24(a) (1) Ensuring that all health care professionals who provide
25medical advice services are appropriately licensed, certified, or
26registered as a physician and surgeon pursuant to Chapter 5
27(commencing with Section 2000) or the Osteopathic Initiative Act,
28as a dentist, dental hygienist, dental hygienist in alternative
29practice, or dental hygienist in extended functions pursuant to
30Chapter 4 (commencing with Section 1600), as an occupational
31therapist pursuant to Chapter 5.6 (commencing with Section 2570),
32as a registered nurse pursuant to Chapter 6 (commencing with
33Section 2700), as a psychologist pursuant to Chapter 6.6
34(commencing with Section 2900), as a naturopathic doctor pursuant
35to Chapter 8.2 (commencing with Section 3610), as a marriage
36and family therapist pursuant to Chapter 13 (commencing with
37Section 4980), as a licensed clinical social worker pursuant to
38Chapter 14 (commencing with Section 4991), as a licensed
39professional clinical counselor pursuant to Chapter 16
40(commencing with Section 4999.10), as an optometrist pursuant
P83   1to Chapter 7 (commencing with Section 3000), or as a chiropractor
2pursuant to the Chiropractic Initiative Act, and operating consistent
3with the laws governing their respective scopes of practice in the
4state within which they provide telephone medical advice services,
5except as provided in subdivision (b).

6(2) Ensuring that all health care professionals who provide
7telephone medical advice services from an out-of-state location,
8as identified in paragraph (1), are licensed, registered, or certified
9in the state within which they are providing the telephone medical
10advice services and are operating consistent with the laws
11governing their respective scopes of practice.

12(b) Ensuring that the telephone medical advice provided is
13consistent with good professional practice.

14(c) Maintaining records of telephone medical advice services,
15including records of complaints, provided to patients in California
16for a period of at least five years.

17(d) Ensuring that no staff member uses a title or designation
18when speaking to an enrollee, subscriber, or consumer that may
19cause a reasonable person to believe that the staff member is a
20licensed, certified, or registered health care professional described
21in paragraph (1) of subdivision (a), unless the staff member is a
22licensed, certified, or registered professional.

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

25(f) Notifying the department within 30 days of any change of
26name, physical location, mailing address, or telephone number of
27any business, owner, partner, corporate officer, or agent for service
28of process in California, together with copies of all resolutions or
29other written communications that substantiate these changes.

30

begin deleteSEC. 47.end delete
31
begin insertSEC. 31.end insert  

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

33

begin deleteSEC. 48.end delete
34
begin insertSEC. 32.end insert  

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

36

begin deleteSEC. 49.end delete
37
begin insertSEC. 33.end insert  

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

P84   1

begin deleteSEC. 50.end delete
2
begin insertSEC. 34.end insert  

Section 4999.5 is added to the Business and
3Professions Code
, to read:

4

4999.5.  

The respective healing arts licensing boards shall be
5responsible for enforcing this chapter and any other laws and
6regulations affecting California licensed health care professionals
7providing telephone medical advice services.

8

begin deleteSEC. 51.end delete
9
begin insertSEC. 35.end insert  

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

11

begin deleteSEC. 52.end delete
12
begin insertSEC. 36.end insert  

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

14

7137.  

The board shall set fees by regulation. These fees shall
15not exceed the following schedule:

16(a) The application fee for an original license in a single
17classification shall not be more than three hundred dollars ($300).

18The application fee for each additional classification applied for
19in connection with an original license shall not be more than
20seventy-five dollars ($75).

21The application fee for each additional classification pursuant
22to Section 7059 shall not be more than seventy-five dollars ($75).

23The application fee to replace a responsible managing officer,
24responsible managing manager, responsible managing member,
25or responsible managing employee pursuant to Section 7068.2
26shall not be more than seventy-five dollars ($75).

27(b) The fee for rescheduling an examination for an applicant
28who has applied for an original license, additional classification,
29a change of responsible managing officer, responsible managing
30manager, responsible managing member, or responsible managing
31employee, or for an asbestos certification or hazardous substance
32removal certification, shall not be more than sixty dollars ($60).

33(c) The fee for scheduling or rescheduling an examination for
34a licensee who is required to take the examination as a condition
35of probation shall not be more than sixty dollars ($60).

36(d) The initial license fee for an active or inactive license shall
37not be more than one hundred eighty dollars ($180).

38(e) The renewal fee for an active license shall not be more than
39three hundred sixty dollars ($360).

P85   1The renewal fee for an inactive license shall not be more than
2one hundred eighty dollars ($180).

3(f) The delinquency fee is an amount equal to 50 percent of the
4renewal fee, if the license is renewed after its expiration.

5(g) The registration fee for a home improvement salesperson
6shall not be more than seventy-five dollars ($75).

7(h) The renewal fee for a home improvement salesperson
8registration shall not be more than seventy-five dollars ($75).

9(i) The application fee for an asbestos certification examination
10shall not be more than seventy-five dollars ($75).

11(j) The application fee for a hazardous substance removal or
12remedial action certification examination shall not be more than
13seventy-five dollars ($75).

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 dollars
16($20), which shall be used by the board to enforce provisions of
17the Labor Code related to electrician certification.

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

20

begin deleteSEC. 53.end delete
21
begin insertSEC. 37.end insert  

Section 7137 is added to the Business and Professions
22Code
, to read:

23

7137.  

The board may set fees by regulation. These fees shall
24be set according to the following schedule:

25(a) (1) The application fee for an original license in a single
26classification shall be three hundred thirty dollars ($330) and may
27be increased to not more than three hundred seventy-five dollars
28($375).

29(2) The application fee for each additional classification applied
30for in connection with an original license shall not be more than
31eighty-five dollars ($85).

32(3) The application fee for each additional classification pursuant
33to Section 7059 shall be one hundred fifty dollars ($150) and may
34be increased to not more than one hundred seventy-five dollars
35($175).

36(4) The application fee to replace a responsible managing officer,
37responsible managing manager, responsible managing member,
38or responsible managing employee pursuant to Section 7068.2
39shall be one hundred fifty dollars ($150) and may be increased to
40not more than one hundred seventy-five dollars ($175).

P86   1(5) The application fee to add personnel, other than a qualifying
2individual, to an existing license shall be one hundred dollars
3($100) and may be increased to not more than one hundred fifteen
4dollars ($115).

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 seventy dollars ($70).

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 seventy dollars ($70).

14(d) The initial license fee for an active or inactive license shall
15be two hundred dollars ($200) and may be increased to not more
16than two hundred twenty-five dollars ($225).

17(e) (1) The renewal fee for an active license shall be four
18hundred dollars ($400) and may be increased to not more than four
19hundred fifty dollars ($450).

20(2) The renewal fee for an inactive license shall be two hundred
21dollars ($200) and may be increased to not more than two hundred
22twenty-five dollars ($225).

23(f) The delinquency fee is an amount equal to 50 percent of the
24renewal fee, if the license is renewed after its expiration.

25(g) The registration fee for a home improvement salesperson
26shall be eighty-three dollars ($83) and may be increased to not
27more than ninety-five dollars ($95).

28(h) The renewal fee for a home improvement salesperson
29registration shall be eighty-three dollars ($83) and may be increased
30to not more than ninety-five dollars ($95).

31(i) The application fee for an asbestos certification examination
32shall be eighty-three dollars ($83) and may be increased to not
33more than ninety-five dollars ($95).

34(j) The application fee for a hazardous substance removal or
35remedial action certification examination shall be eighty-three
36dollars ($83) and may be increased to not more than ninety-five
37dollars ($95).

38(k) In addition to any other fees charged to C-10 and C-7
39contractors, the board may charge a fee not to exceed twenty dollars
P87   1($20), which shall be used by the board to enforce provisions of
2the Labor Code related to electrician certification.

3(l) The board shall, by regulation, establish criteria for the
4approval of expedited processing of applications. Approved
5expedited processing of applications for licensure or registration,
6as required by other provisions of law, shall not be subject to this
7subdivision.

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

9

begin deleteSEC. 54.end delete
10
begin insertSEC. 38.end insert  

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

12

7153.3.  

(a) To renew a home improvement salesperson
13registration, which has not expired, the registrant shall before the
14time at which the registration would otherwise expire, apply for
15renewal on a form prescribed by the registrar and pay a renewal
16fee prescribed by this chapter. Renewal of an unexpired registration
17shall continue the registration in effect for the two-year period
18following the expiration date of the registration, when it shall
19expire if it is not again renewed.

20(b) An application for renewal of registration is delinquent if
21the application is not postmarked or received via electronic
22transmission as authorized by Section 7156.6 by the date on which
23the registration would otherwise expire. A registration may,
24however, still be renewed at any time within three years after its
25expiration upon the filing of an application for renewal on a form
26prescribed by the registrar and the payment of the renewal fee
27prescribed by this chapter and a delinquent renewal penalty in the
28amount of twenty-five dollars ($25). If a registration is not renewed
29within three years, the person shall make a new application for
30registration pursuant to Section 7153.1.

31(c) The registrar may refuse to renew a registration for failure
32by the registrant to complete the application for renewal of
33registration. If a registrant fails to return the application rejected
34for insufficiency or incompleteness within 90 days from the
35original date of rejection, the application and fee shall be deemed
36abandoned. Any application abandoned may not be reinstated.
37However, the person may file a new application for registration
38pursuant to Section 7153.1.

39The registrar may review and accept the petition of a person who
40disputes the abandonment of his or her renewal application upon
P88   1a showing of good cause. This petition shall be received within 90
2days of the date the application for renewal is deemed abandoned.

3(d) This section shall become inoperative on July 1, 2017, and
4as of January 1, 2018, is repealed.

5

begin deleteSEC. 55.end delete
6
begin insertSEC. 39.end insert  

Section 7153.3 is added to the Business and
7Professions Code
, to read:

8

7153.3.  

(a) To renew a home improvement salesperson
9registration, which has not expired, the registrant shall before the
10time at which the registration would otherwise expire, apply for
11renewal on a form prescribed by the registrar and pay a renewal
12fee prescribed by this chapter. Renewal of an unexpired registration
13shall continue the registration in effect for the two-year period
14following the expiration date of the registration, when it shall
15expire if it is not again renewed.

16(b) An application for renewal of registration is delinquent if
17the application is not postmarked or received via electronic
18transmission as authorized by Section 7156.6 by the date on which
19the registration would otherwise expire. A registration may,
20however, still be renewed at any time within three years after its
21expiration upon the filing of an application for renewal on a form
22prescribed by the registrar and the payment of the renewal fee
23prescribed by this chapter and a delinquent renewal penalty equal
24to 50 percent of the renewal fee. If a registration is not renewed
25within three years, the person shall make a new application for
26registration pursuant to Section 7153.1.

27(c) (1) The registrar may refuse to renew a registration for
28failure by the registrant to complete the application for renewal of
29registration. If a registrant fails to return the application rejected
30for insufficiency or incompleteness within 90 days from the
31original date of rejection, the application and fee shall be deemed
32abandoned. Any application abandoned may not be reinstated.
33However, the person may file a new application for registration
34pursuant to Section 7153.1.

35(2) The registrar may review and accept the petition of a person
36who disputes the abandonment of his or her renewal application
37upon a showing of good cause. This petition shall be received
38within 90 days of the date the application for renewal is deemed
39abandoned.

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

P89   1

begin deleteSEC. 56.end delete
2
begin insertSEC. 40.end insert  

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

4

8516.  

(a) This section, and Section 8519, apply only to wood
5destroying pests or organisms.

6(b) A registered company or licensee shall not commence work
7on a contract, or sign, issue, or deliver any documents expressing
8an opinion or statement relating to the absence or presence of wood
9destroying pests or organisms until an inspection has been made
10by a licensed Branch 3 field representative or operator employed
11by a registered company, except as provided in Section 8519.5.
12The address of each property inspected or upon which work is
13completed shall be reported on a form prescribed by the board and
14shall be filed with the board no later than 10 business days after
15the commencement of an inspection or upon completed work.

16Every property inspected pursuant to this subdivision or Section
178518 shall be assessed a filing fee pursuant to Section 8674.

18Failure of a registered company to report and file with the board
19the address of any property inspected or work completed pursuant
20to Section 8518 or this section is grounds for disciplinary action
21and shall subject the registered company to a fine of not more than
22two thousand five hundred dollars ($2,500). The address of an
23inspection report prepared for use by an attorney for litigation
24purposes shall not be required to be reported to the board and shall
25not be assessed a filing fee.

26A written inspection report conforming to this section and a form
27approved by the board shall be prepared and delivered to the person
28requesting the inspection and the property owner, or to the property
29owner’s designated agent, within 10 business days from the start
30of the inspection, except that an inspection report prepared for use
31by an attorney for litigation purposes is not required to be reported
32to the board or the property owner. An inspection report may be
33a complete, limited, supplemental, or reinspection report, as defined
34by Section 1993 of Title 16 of the California Code of Regulations.
35The report shall be delivered before work is commenced on any
36property. The registered company shall retain for three years all
37inspection reports, field notes, and activity forms.

38Reports shall be made available for inspection and reproduction
39to the executive officer of the board or his or her duly authorized
40representative during business hours. All inspection reports or
P90   1copies thereof shall be submitted to the board upon demand within
2two business days. The following shall be set forth in the report:

3(1) The start date of the inspection and the name of the licensed
4field representative or operator making the inspection.

5(2) The name and address of the person or firm ordering the
6report.

7(3) The name and address of the property owner and any person
8who is a party in interest.

9(4) The address or location of the property.

10(5) A general description of the building or premises inspected.

11(6) A foundation diagram or sketch of the structure or structures
12or portions of the structure or structures inspected, including the
13approximate location of any infested or infected areas evident, and
14the parts of the structure where conditions that would ordinarily
15subject those parts to attack by wood destroying pests or organisms
16exist. Reporting of the infested or infected wood members, or parts
17of the structure identified, shall be listed in the inspection report
18to clearly identify them, as is typical in standard construction
19components, including, but not limited to, siding, studs, rafters,
20floor joists, fascia, subfloor, sheathing, and trim boards.

21(7) Information regarding the substructure, foundation walls
22and footings, porches, patios and steps, air vents, abutments, attic
23spaces, roof framing that includes the eaves, rafters, fascias,
24exposed timbers, exposed sheathing, ceiling joists, and attic walls,
25or other parts subject to attack by wood destroying pests or
26organisms. Conditions usually deemed likely to lead to infestation
27or infection, such as earth-wood contacts, excessive cellulose
28debris, faulty grade levels, excessive moisture conditions, evidence
29of roof leaks, and insufficient ventilation are to be reported.

30(8) One of the following statements, as appropriate, printed in
31bold type:

32(A) The exterior surface of the roof was not inspected. If you
33want the water tightness of the roof determined, you should contact
34a roofing contractor who is licensed by the Contractors’ State
35License Board.

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

38(9) Indication or description of any areas that are inaccessible
39or not inspected with recommendation for further inspection if
40practicable. If, after the report has been made in compliance with
P91   1this section, authority is given later to open inaccessible areas, a
2supplemental report on conditions in these areas shall be made.

3(10) Recommendations for corrective measures.

4(11) Information regarding the pesticide or pesticides to be used
5for their control or prevention as set forth in subdivision (a) of
6Section 8538.

7(12) The inspection report shall clearly disclose that if requested
8by the person ordering the original report, a reinspection of the
9structure will be performed if an estimate or bid for making repairs
10was given with the original inspection report, or thereafter.

11An estimate or bid shall be given separately allocating the costs
12to perform each and every recommendation for corrective measures
13as specified in subdivision (c) with the original inspection report
14if the person who ordered the original inspection report so requests,
15and if the registered company is regularly in the business of
16performing each corrective measure.

17If no estimate or bid was given with the original inspection
18report, or thereafter, then the registered company shall not be
19required to perform a reinspection.

20A reinspection shall be an inspection of those items previously
21listed on an original report to determine if the recommendations
22have been completed. Each reinspection shall be reported on an
23original inspection report form and shall be labeled “Reinspection.”
24Each reinspection shall also identify the original report by date.

25After four months from an original inspection, all inspections
26shall be original inspections and not reinspections.

27Any reinspection shall be performed for not more than the price
28of the registered company’s original inspection price and shall be
29completed within 10 business days after a reinspection has been
30ordered.

31(13) The inspection report shall contain the following statement,
32printed in boldface type:


34“NOTICE: Reports on this structure prepared by various
35registered companies should list the same findings (i.e. termite
36infestations, termite damage, fungus damage, etc.). However,
37recommendations to correct these findings may vary from company
38to company. You have a right to seek a second opinion from
39another company.”


P92   1(c) At the time a report is ordered, the registered company or
2licensee shall inform the person or entity ordering the report, that
3a separate report is available pursuant to this subdivision. If a
4separate report is requested at the time the inspection report is
5ordered, the registered company or licensee shall separately identify
6on the report each recommendation for corrective measures as
7follows:

8(1) The infestation or infection that is evident.

9(2) The conditions that are present that are deemed likely to
10lead to infestation or infection.

11If a registered company or licensee fails to inform as required
12by this subdivision and a dispute arises, or if any other dispute
13arises as to whether this subdivision has been complied with, a
14separate report shall be provided within 24 hours of the request
15but, in no event, later than the next business day, and at no
16additional cost.

17(d) When a corrective condition is identified, either as paragraph
18(1) or (2) of subdivision (c), and the property owner or the property
19owner’s designated agent chooses not to correct those conditions,
20the registered company or licensee shall not be liable for damages
21resulting from a failure to correct those conditions or subject to
22any disciplinary action by the board. Nothing in this subdivision,
23however, shall relieve a registered company or a licensee of any
24liability resulting from negligence, fraud, dishonest dealing, other
25violations pursuant to this chapter, or contractual obligations
26between the registered company or licensee and the responsible
27parties.

28(e) The inspection report form prescribed by the board shall
29separately identify the infestation or infection that is evident and
30the conditions that are present that are deemed likely to lead to
31infestation or infection. If a separate form is requested, the form
32shall explain the infestation or infection that is evident and the
33conditions that are present that are deemed likely to lead to
34infestation or infection and the difference between those conditions.
35In no event, however, shall conditions deemed likely to lead to
36infestation or infection be characterized as actual “defects” or as
37actual “active” infestations or infections or in need of correction
38as a precondition to issuing a certification pursuant to Section
398519.

P93   1(f) The report and any contract entered into shall also state
2specifically when any guarantee for the work is made, and if so,
3the specific terms of the guarantee and the period of time for which
4the guarantee shall be in effect. If a guarantee extends beyond three
5years, the registered company shall maintain all original inspection
6reports, field notes, activity forms, and notices of completion for
7the duration of the guarantee period and for one year after the
8guarantee expires.

9(g) For purposes of this section, “control service agreement”
10means an agreement, including extended warranties, to have a
11licensee conduct over a period of time regular inspections and
12other activities related to the control or eradication of wood
13destroying pests and organisms. Under a control service agreement
14a registered company shall refer to the original report and contract
15in a manner as to identify them clearly, and the report shall be
16assumed to be a true report of conditions as originally issued,
17except it may be modified after a control service inspection. A
18registered company is not required to issue a report as outlined in
19paragraphs (1) to (11), inclusive, of subdivision (b) after each
20control service inspection. If after control service inspection, no
21modification of the original report is made in writing, then it will
22be assumed that conditions are as originally reported. A control
23service contract shall state specifically the particular wood
24destroying pests or organisms and the portions of the buildings or
25structures covered by the contract.

26(h) A registered company or licensee may enter into and
27maintain a control service agreement provided the following
28requirements are met:

29(1) The control service agreement shall be in writing, signed by
30both parties, and shall specifically include the following:

31(A) The wood destroying pests and organisms covered by the
32control service agreement.

33(B) Any wood destroying pest or organism that is not covered
34must be specifically listed.

35(C) The type and manner of treatment to be used to correct the
36infestations or infections.

37(D) The structures or buildings, or portions thereof, covered by
38the agreement, including a statement specifying whether the
39coverage for purposes of periodic inspections is limited or full.
P94   1Any exclusions from those described in the original report must
2be specifically listed.

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

4(F) The frequency of the inspections to be provided, the fee to
5be charged for each renewal, and the duration of the agreement.

6(G) Whether the fee includes structural repairs.

7(H) If the services provided are guaranteed, and, if so, the terms
8of the guarantee.

9(I) A statement that all corrections of infestations or infections
10covered by the control service agreement shall be completed within
11six months of discovery, unless otherwise agreed to in writing by
12both parties.

13(2) The original inspection report, the control service agreement,
14and completion report shall be maintained for three years after the
15cancellation of the control service agreement.

16(3) Inspections made pursuant to a control service agreement
17shall be conducted by a Branch 3 licensee. Section 8506.1 does
18not modify this provision.

19(4) A full inspection of the property covered by the control
20service agreement shall be conducted and a report filed pursuant
21to subdivision (b) at least once every three years from the date that
22the agreement was entered into, unless the consumer cancels the
23contract within three years from the date the agreement was entered
24into.

25(5) Under a control service agreement, a written report shall be
26required for the correction of any infestation or infection unless
27all of the following conditions are met:

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

29(B) The infestation or infection is covered by the control service
30agreement.

31(C) There is no additional charge for correcting the infestation
32or infection.

33(D) Correction of the infestation or infection takes place within
3445 days of its discovery.

35(E) Correction of the infestation or infection does not include
36fumigation.

37(6) All notice requirements pursuant to Section 8538 shall apply
38to all pesticide treatments conducted under control service
39agreements.

P95   1(i) All work recommended by a registered company, where an
2estimate or bid for making repairs was given with the original
3inspection report, or thereafter, shall be recorded on this report or
4a separate work agreement and shall specify a price for each
5recommendation. This information shall be provided to the person
6requesting the inspection, and shall be retained by the registered
7company with the inspection report copy for three years.

8

begin deleteSEC. 57.end delete
9
begin insertSEC. 41.end insert  

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

11

8518.  

(a) When a registered company completes work under
12a contract, it shall prepare, on a form prescribed by the board, a
13notice of work completed and not completed, and shall furnish
14that notice to the owner of the property or the owner’s agent within
1510 business days after completing the work. The notice shall
16include a statement of the cost of the completed work and estimated
17cost of work not completed.

18(b) The address of each property inspected or upon which work
19was completed shall be reported on a form prescribed by the board
20and shall be filed with the board no later than 10 business days
21after completed work.

22(c) A filing fee shall be assessed pursuant to Section 8674 for
23every property upon which work is completed.

24(d) Failure of a registered company to report and file with the
25board the address of any property upon which work was completed
26pursuant to subdivision (b) of Section 8516 or this section is
27grounds for disciplinary action and shall subject the registered
28company to a fine of not more than two thousand five hundred
29dollars ($2,500).

30(e) The registered company shall retain for three years all
31original notices of work completed, work not completed, and
32activity forms.

33(f) Notices of work completed and not completed shall be made
34available for inspection and reproduction to the executive officer
35of the board or his or her duly authorized representative during
36business hours. Original notices of work completed or not
37completed or copies thereof shall be submitted to the board upon
38request within two business days.

39(g) This section shall only apply to work relating to wood
40destroying pests or organisms.

begin delete
P96   1

SEC. 58.  

Section 13401 of the Corporations Code is amended
2to read:

3

13401.  

As used in this part:

4(a) “Professional services” means any type of professional
5services that may be lawfully rendered only pursuant to a license,
6certification, or registration authorized by the Business and
7Professions Code, the Chiropractic Act, or the Osteopathic Act.

8(b) “Professional corporation” means a corporation organized
9under the General Corporation Law or pursuant to subdivision (b)
10of Section 13406 that is engaged in rendering professional services
11in a single profession, except as otherwise authorized in Section
1213401.5, pursuant to a certificate of registration issued by the
13governmental agency regulating the profession as herein provided
14and that in its practice or business designates itself as a professional
15or other corporation as may be required by statute. However, any
16professional corporation or foreign professional corporation
17rendering professional services by persons duly licensed by the
18Medical Board of California, the California Board of Podiatric
19Medicine, the Osteopathic Medical Board of California, the Dental
20Board of California, the Dental Hygiene Committee of California,
21the California State Board of Pharmacy, the Veterinary Medical
22Board, the California Architects Board, the Court Reporters Board
23of California, the Board of Behavioral Sciences, the
24Speech-Language Pathology and Audiology Board, the Board of
25Registered Nursing, or the State Board of Optometry shall not be
26required to obtain a certificate of registration in order to render
27those professional services.

28(c) “Foreign professional corporation” means a corporation
29organized under the laws of a state of the United States other than
30this state that is engaged in a profession of a type for which there
31is authorization in the Business and Professions Code for the
32performance of professional services by a foreign professional
33corporation.

34(d) “Licensed person” means any natural person who is duly
35licensed under the provisions of the Business and Professions
36Code, the Chiropractic Act, or the Osteopathic Act to render the
37same professional services as are or will be rendered by the
38professional corporation or foreign professional corporation of
39which he or she is, or intends to become, an officer, director,
40shareholder, or employee.

P97   1(e) “Disqualified person” means a licensed person who for any
2reason becomes legally disqualified (temporarily or permanently)
3to render the professional services that the particular professional
4corporation or foreign professional corporation of which he or she
5is an officer, director, shareholder, or employee is or was rendering.

end delete
6

begin deleteSEC. 59.end delete
7
begin insertSEC. 42.end insert  

Section 1348.8 of the Health and Safety Code is
8amended to read:

9

1348.8.  

(a) A health care service plan that provides, operates,
10or contracts for telephone medical advice services to its enrollees
11and subscribers shall do all of the following:

12(1) Ensure that the in-state or out-of-state telephone medical
13advice service complies with the requirements of Chapter 15
14(commencing with Section 4999) of Division 2 of the Business
15and Professions Code.

16(2) Ensure that the staff providing telephone medical advice
17services for the in-state or out-of-state telephone medical advice
18service are licensed as follows:

19(A) For full service health care service plans, the staff hold a
20valid California license as a registered nurse or a valid license in
21the state within which they provide telephone medical advice
22services as a physician and surgeon or physician assistant, and are
23operating in compliance with the laws governing their respective
24scopes of practice.

25(B) (i) For specialized health care service plans providing,
26operating, or contracting with a telephone medical advice service
27in California, the staff shall be appropriately licensed, registered,
28or certified as a dentist pursuant to Chapter 4 (commencing with
29Section 1600) of Division 2 of the Business and Professions Code,
30as a dental hygienist pursuant to Article 7 (commencing with
31Section 1740) of Chapter 4 of Division 2 of the Business and
32Professions Code, as a physician and surgeon pursuant to Chapter
335 (commencing with Section 2000) of Division 2 of the Business
34and Professions Code or the Osteopathic Initiative Act, as a
35registered nurse pursuant to Chapter 6 (commencing with Section
362700) of Division 2 of the Business and Professions Code, as a
37psychologist pursuant to Chapter 6.6 (commencing with Section
382900) of Division 2 of the Business and Professions Code, as an
39optometrist pursuant to Chapter 7 (commencing with Section 3000)
40of Division 2 of the Business and Professions Code, as a marriage
P98   1and family therapist pursuant to Chapter 13 (commencing with
2Section 4980) of Division 2 of the Business and Professions Code,
3as a licensed clinical social worker pursuant to Chapter 14
4(commencing with Section 4991) of Division 2 of the Business
5and Professions Code, as a professional clinical counselor pursuant
6to Chapter 16 (commencing with Section 4999.10) of Division 2
7of the Business and Professions Code, or as a chiropractor pursuant
8to the Chiropractic Initiative Act, and operating in compliance
9with the laws governing their respective scopes of practice.

10(ii) For specialized health care service plans providing,
11operating, or contracting with an out-of-state telephone medical
12advice service, the staff shall be health care professionals, as
13identified in clause (i), who are licensed, registered, or certified
14in the state within which they are providing the telephone medical
15advice services and are operating in compliance with the laws
16governing their respective scopes of practice. All registered nurses
17providing telephone medical advice services to both in-state and
18out-of-state business entities registered pursuant to this chapter
19shall be licensed pursuant to Chapter 6 (commencing with Section
202700) of Division 2 of the Business and Professions Code.

21(3) Ensure that every full service health care service plan
22provides for a physician and surgeon who is available on an on-call
23basis at all times the service is advertised to be available to
24enrollees and subscribers.

25(4) Ensure that staff members handling enrollee or subscriber
26calls, who are not licensed, certified, or registered as required by
27paragraph (2), do not provide telephone medical advice. Those
28staff members may ask questions on behalf of a staff member who
29is licensed, certified, or registered as required by paragraph (2),
30in order to help ascertain the condition of an enrollee or subscriber
31so that the enrollee or subscriber can be referred to licensed staff.
32However, under no circumstances shall those staff members use
33the answers to those questions in an attempt to assess, evaluate,
34advise, or make any decision regarding the condition of an enrollee
35or subscriber or determine when an enrollee or subscriber needs
36to be seen by a licensed medical professional.

37(5) Ensure that no staff member uses a title or designation when
38speaking to an enrollee or subscriber that may cause a reasonable
39person to believe that the staff member is a licensed, certified, or
40registered professional described in Section 4999.2 of the Business
P99   1and Professions Code unless the staff member is a licensed,
2certified, or registered professional.

3(6) Ensure that the in-state or out-of-state telephone medical
4advice service designates an agent for service of process in
5California and files this designation with the director.

6(7) Require that the in-state or out-of-state telephone medical
7advice service makes and maintains records for a period of five
8years after the telephone medical advice services are provided,
9including, but not limited to, oral or written transcripts of all
10medical advice conversations with the health care service plan’s
11enrollees or subscribers in California and copies of all complaints.
12If the records of telephone medical advice services are kept out of
13state, the health care service plan shall, upon the request of the
14director, provide the records to the director within 10 days of the
15request.

16(8) Ensure that the telephone medical advice services are
17provided consistent with good professional practice.

18(b) The director shall forward to the Department of Consumer
19Affairs, within 30 days of the end of each calendar quarter, data
20regarding complaints filed with the department concerning
21telephone medical advice services.

22(c) For purposes of this section, “telephone medical advice”
23means a telephonic communication between a patient and a health
24care professional in which the health care professional’s primary
25function is to provide to the patient a telephonic response to the
26patient’s questions regarding his or her or a family member’s
27medical care or treatment. “Telephone medical advice” includes
28assessment, evaluation, or advice provided to patients or their
29family members.

30

begin deleteSEC. 60.end delete
31
begin insertSEC. 43.end insert  

Section 10279 of the Insurance Code is amended to
32read:

33

10279.  

(a) Every disability insurer that provides group or
34individual policies of disability, or both, that provides, operates,
35or contracts for, telephone medical advice services to its insureds
36shall do all of the following:

37(1) Ensure that the in-state or out-of-state telephone medical
38advice service complies with the requirements of Chapter 15
39(commencing with Section 4999) of Division 2 of the Business
40and Professions Code.

P100  1(2) Ensure that the staff providing telephone medical advice
2services for the in-state or out-of-state telephone medical advice
3service hold a valid California license as a registered nurse or a
4valid license in the state within which they provide telephone
5medical advice services as a physician and surgeon or physician
6assistant and are operating consistent with the laws governing their
7respective scopes of practice.

8(3) Ensure that a physician and surgeon is available on an on-call
9basis at all times the service is advertised to be available to
10enrollees and subscribers.

11(4) Ensure that the in-state or out-of-state telephone medical
12advice service designates an agent for service of process in
13California and files this designation with the commissioner.

14(5) Require that the in-state or out-of-state telephone medical
15advice service makes and maintains records for a period of five
16 years after the telephone medical advice services are provided,
17including, but not limited to, oral or written transcripts of all
18medical advice conversations with the disability insurer’s insureds
19in California and copies of all complaints. If the records of
20telephone medical advice services are kept out of state, the insurer
21shall, upon the request of the director, provide the records to the
22director within 10 days of the request.

23(6) Ensure that the telephone medical advice services are
24provided consistent with good professional practice.

25(b) The commissioner shall forward to the Department of
26Consumer Affairs, within 30 days of the end of each calendar
27quarter, data regarding complaints filed with the department
28concerning telephone medical advice services.

29

begin deleteSEC. 61.end delete
30
begin insertSEC. 44.end insert  

No reimbursement is required by this act pursuant to
31Section 6 of Article XIII B of the California Constitution because
32the only costs that may be incurred by a local agency or school
33district will be incurred because this act creates a new crime or
34infraction, eliminates a crime or infraction, or changes the penalty
35for a crime or infraction, within the meaning of Section 17556 of
36the Government Code, or changes the definition of a crime within
37the meaning of Section 6 of Article XIII B of the California
38Constitution.



O

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