Amended in Assembly August 1, 2016

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 Bill No. 1039

Introduced by Senator Hill

February 12, 2016

An act to amend Sections 1944, begin delete 2472, 2499.5, end delete 2733, 2746.51, 2786.5, 2811, 2811.5, 2815, 2815.5, 2816, 2830.7, 2836.3, 2838.2, 4128.2, 4830, 4999, 4999.2, 8516, and 8518 of, to amend, repeal, and add Sections 4400, 7137, and 7153.3 of, to repeal Sections 4999.1, 4999.3, 4999.4, and 4999.6 of, and to repeal and add Sections 2546.9, 2565, 2566, 2566.1, and 4999.5 of, the Business and Professions Code, 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.

begin delete

(3) The Medical Practice Act creates, within the jurisdiction of the Medical Board of California, the California Board of Podiatric 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. Existing 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 renewal receipt fee, 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.

end delete begin delete

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

end delete begin delete

(4)

end delete

begin insert (3) end insert  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.

begin delete

(5)

end delete

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

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

begin delete

(6)

end delete

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

This bill would, on and after July 1, 2017, modify specified fees to be paid by licensees and applicants for licensure pursuant to that act. By increasing fees deposited into a continuously appropriated fund, this bill would make an appropriation.

begin delete

(7)

end delete

begin insert (6) end insert  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.

begin delete

(8)

end delete

begin insert (7) end insert  Existing law requires businesses that employ, or contract or subcontract with, the full-time equivalent of 5 or more persons functioning as health care professionals, as defined, whose primary function is to provide telephone medical advice, that provide telephone medical advice services to a patient at a California address to be registered with the Telephone Medical Advice Services Bureau and further requires telephone medical advice services to comply with the requirements established by the Department of Consumer Affairs, as specified.

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

begin delete

(9)

end delete

begin insert (8) end insert  The Contractors’ State License Law provides for the licensure and regulation of contractors by the Contractors’ State License Board within the Department of Consumer Affairs. That law also prescribes various fees to be paid by licensees and applicants for licensure, 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.

begin delete

(10)

end delete

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

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

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

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

begin delete

(11)

end delete

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

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

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

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

SECTION 1.  

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

SEC. 2.  

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

1944.  

(a) The committee shall 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. The fees
established by board resolution in effect on June 30, 2009, as they
relate to the licensure of registered dental hygienists, registered
dental hygienists in alternative practice, and registered dental
hygienists in extended functions, shall remain in effect until
modified by the committee. The fees are subject to the following
limitations:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

begin delete

SEC. 3.  

Section 2472 of the Business and Professions Code is
amended to read:

2472.  

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

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

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

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

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

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

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

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

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

(1) A licensed general acute care hospital, as defined in Section
1250 of the Health and Safety Code.

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

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

(4) A freestanding physical plant housing outpatient services
of a licensed general acute care hospital, as defined in Section
1250 of the Health and Safety Code, if the doctor of podiatric
medicine has surgical privileges, including the privilege to perform
surgery on the ankle, in a general acute care hospital described in
paragraph (1). For purposes of this section, a “freestanding physical
plant” means any building that is not physically attached to a
building where inpatient services are provided.

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

SEC. 4.  

Section 2499.5 of the Business and Professions Code
is amended to read:

2499.5.  

The following fees apply to certificates to practice
podiatric medicine. The amount of fees prescribed for doctors of
podiatric medicine shall be those set forth in this section unless a
lower fee is established by the board in accordance with Section
2499.6. Fees collected pursuant to this section shall be fixed by
the board in amounts not to exceed the actual costs of providing
the service for which the fee is collected.

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

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

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

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

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

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

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

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

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

(j) There shall be a fee of one hundred dollars ($100) for the
issuance of a resident’s license under Section 2475.

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

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

end delete

begin delete SEC. 5. end delete

begin insert SEC. 3. end insert   

Section 2546.9 of the Business and Professions Code
is repealed.

begin delete SEC. 6. end delete

begin insert SEC. 4. end insert   

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

2546.9.  

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

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

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

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

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

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

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

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

begin delete SEC. 7. end delete

begin insert SEC. 5. end insert   

Section 2565 of the Business and Professions Code is
repealed.

begin delete SEC. 8. end delete

begin insert SEC. 6. end insert   

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

2565.  

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

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

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

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

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

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

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

begin delete SEC. 9. end delete

begin insert SEC. 7. end insert   

Section 2566 of the Business and Professions Code is
repealed.

begin delete SEC. 10. end delete

begin insert SEC. 8. end insert   

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

2566.  

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

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

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

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

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

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

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

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

begin delete SEC. 11. end delete

begin insert SEC. 9. end insert   

Section 2566.1 of the Business and Professions Code
is repealed.

begin delete SEC. 12. end delete

begin insert SEC. 10. end insert   

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

2566.1.  

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

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

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

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

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

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

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

begin delete SEC. 13. end delete

begin insert SEC. 11. end insert   

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

2733.  

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

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

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

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

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

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

(b) Upon written application, the board may reissue a temporary
license or temporary certificate to any person who has applied for
a regular renewable license pursuant to subdivision (b) of Section
2732.1 and who, in the judgment of the board has been excusably
delayed in completing his or her application for or the minimum
requirements for a regular renewable license, but the board may
not reissue a temporary license or temporary certificate more than
twice to any one person.

begin delete SEC. 14. end delete

begin insert SEC. 12. end insert   

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

2746.51.  

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

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

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

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

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

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

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

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

(C) The extent of physician and surgeon supervision.

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

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

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

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

(B) Approval of the standardized procedure or protocol.

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

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

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

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

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

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

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

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

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

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

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

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

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

begin delete SEC. 15. end delete

begin insert SEC. 13. end insert   

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

2786.5.  

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

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

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

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

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

begin delete SEC. 16. end delete

begin insert SEC. 14. end insert   

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

2811.  

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

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

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

begin delete SEC. 17. end delete

begin insert SEC. 15. end insert   

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

2811.5.  

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

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

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

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

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

(1) Pain and symptom management.

(2) The psycho-social dynamics of death.

(3) Dying and bereavement.

(4) Hospice care.

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

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

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

begin delete SEC. 18. end delete

begin insert SEC. 16. end insert   

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

2815.  

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

begin delete SEC. 19. end delete

begin insert SEC. 17. end insert   

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

2815.5.  

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

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

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

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

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

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

begin delete SEC. 20. end delete

begin insert SEC. 18. end insert   

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

2816.  

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

begin delete SEC. 21. end delete

begin insert SEC. 19. end insert   

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

2830.7.  

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

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

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

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

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

begin delete SEC. 22. end delete

begin insert SEC. 20. end insert   

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

2836.3.  

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

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

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

begin delete SEC. 23. end delete

begin insert SEC. 21. end insert   

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

2838.2.  

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

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

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

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

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

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

(A) Current licensure as a registered nurse.

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

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

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

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

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

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

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

begin delete SEC. 24. end delete

begin insert SEC. 22. end insert   

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

4128.2.  

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

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

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

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

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

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

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

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

begin delete SEC. 25. end delete

begin insert SEC. 23. end insert   

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

4400.  

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

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

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

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

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

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

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

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

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

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

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

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

(j) (1) The application fee for a nonresident wholesaler or
third-party logistics provider license issued pursuant to Section
4161 shall be seven hundred eighty dollars ($780) and may be
decreased to no less than six hundred dollars ($600).

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

(3) The annual renewal fee for a nonresident wholesaler license
or third-party logistics provider license issued pursuant to Section
4161 shall be seven hundred eighty dollars ($780) and may be
decreased to no less than six hundred dollars ($600).

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

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

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

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

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

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

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

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

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

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

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

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

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

begin delete SEC. 26. end delete

begin insert SEC. 24. end insert   

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

4400.  

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

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

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

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

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

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

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

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

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

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

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

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

(j) (1) The application fee for a nonresident wholesaler or
third-party logistics provider license issued pursuant to Section
4161 shall be seven hundred eighty dollars ($780) and may be
increased to eight hundred twenty dollars ($820).

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

(3) The annual renewal fee for a nonresident wholesaler license
or third-party logistics provider license issued pursuant to Section
4161 shall be seven hundred eighty dollars ($780) and may be
increased to eight hundred twenty dollars ($820).

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

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

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

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

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

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

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

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

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

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

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

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

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

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

begin delete SEC. 27. end delete

begin insert SEC. 25. end insert   

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

4830.  

(a) This chapter does not apply to:

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

(2) 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. The
California licensed veterinarian shall maintain a valid
veterinarian-client-patient relationship. The veterinarian providing
the assistance shall not establish a veterinarian-client-patient
relationship with the client by attending the case or at a future time
and shall not practice veterinary medicine, open an office, appoint
a place to meet patients, communicate with clients who reside
within the limits of this state, give orders, or have ultimate authority
over the care or primary diagnosis of a patient that is located within
this state.

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

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

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

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

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

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

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

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

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

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

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

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

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

begin delete SEC. 28. end delete

begin insert SEC. 26. end insert   

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

4999.  

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

begin delete SEC. 29. end delete

begin insert SEC. 27. end insert   

Section 4999.1 of the Business and Professions Code
is repealed.

begin delete SEC. 30. end delete

begin insert SEC. 28. end insert   

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

4999.2.  

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

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

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

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

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

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

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

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

begin delete SEC. 31. end delete

begin insert SEC. 29. end insert   

Section 4999.3 of the Business and Professions Code
is repealed.

begin delete SEC. 32. end delete

begin insert SEC. 30. end insert   

Section 4999.4 of the Business and Professions Code
is repealed.

begin delete SEC. 33. end delete

begin insert SEC. 31. end insert   

Section 4999.5 of the Business and Professions Code
is repealed.

begin delete SEC. 34. end delete

begin insert SEC. 32. end insert   

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

4999.5.  

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

begin delete SEC. 35. end delete

begin insert SEC. 33. end insert   

Section 4999.6 of the Business and Professions Code
is repealed.

begin delete SEC. 36. end delete

begin insert SEC. 34. end insert   

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

7137.  

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

begin delete SEC. 37. end delete

begin insert SEC. 35. end insert   

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

7137.  

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

begin delete SEC. 38. end delete

begin insert SEC. 36. end insert   

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

7153.3.  

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

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

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

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

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

begin delete SEC. 39. end delete

begin insert SEC. 37. end insert   

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

7153.3.  

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

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

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

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

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

begin delete SEC. 40. end delete

begin insert SEC. 38. end insert   

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

8516.  

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

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

Every property inspected pursuant to this subdivision or Section
8518 shall be assessed a filing fee pursuant to Section 8674.

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

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

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

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

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

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

(4) The address or location of the property.

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

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

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

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

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

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

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

(10) Recommendations for corrective measures.

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

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

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

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

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

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

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

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

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

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

(1) The infestation or infection that is evident.

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

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

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

(e) The inspection report form prescribed by the board shall
separately identify the infestation or infection that is evident and
the conditions that are present that are deemed likely to lead to
infestation or infection. If a separate form is requested, the form
shall explain the infestation or infection that is evident and the
conditions that are present that are deemed likely to lead to
infestation or infection and the difference between those conditions.
In no event, however, shall conditions deemed likely to lead to
infestation or infection be characterized as actual “defects” or as
actual “active” infestations or infections or in need of correction
as a precondition to issuing a certification pursuant to Section
8519.

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

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

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

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

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

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

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

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

(E) A reference to the original inspection report.

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

(G) Whether the fee includes structural repairs.

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

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

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

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

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

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

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

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

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

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

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

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

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

begin delete SEC. 41. end delete

begin insert SEC. 39. end insert   

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

8518.  

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

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

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

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

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

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

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

begin delete SEC. 42. end delete

begin insert SEC. 40. end insert   

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

1348.8.  

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

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

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

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

(B) (i) For specialized health care service plans providing,
operating, or contracting with a telephone medical advice service
in California, the staff shall be appropriately licensed, registered,
or certified as a dentist pursuant to Chapter 4 (commencing with
Section 1600) of Division 2 of the Business and Professions Code,
as a dental hygienist pursuant to Article 7 (commencing with
Section 1740) of Chapter 4 of Division 2 of the Business and
Professions Code, as a physician and surgeon pursuant to Chapter
5 (commencing with Section 2000) of Division 2 of the Business
and Professions Code or the Osteopathic Initiative Act, as a
registered nurse pursuant to Chapter 6 (commencing with Section
2700) of Division 2 of the Business and Professions Code, as a
psychologist pursuant to Chapter 6.6 (commencing with Section
2900) of Division 2 of the Business and Professions Code, as an
optometrist pursuant to Chapter 7 (commencing with Section 3000)
of Division 2 of the Business and Professions Code, as a marriage
and family therapist pursuant to Chapter 13 (commencing with
Section 4980) of Division 2 of the Business and Professions Code,
as a licensed clinical social worker pursuant to Chapter 14
(commencing with Section 4991) of Division 2 of the Business
and Professions Code, as a professional clinical counselor pursuant
to Chapter 16 (commencing with Section 4999.10) of Division 2
of the Business and Professions Code, or as a chiropractor pursuant
to the Chiropractic Initiative Act, and operating in compliance
with the laws governing their respective scopes of practice.

(ii) For specialized health care service plans providing,
operating, or contracting with an out-of-state telephone medical
advice service, the staff shall be health care professionals, as
identified in clause (i), who are licensed, registered, or certified
in the state within which they are providing the telephone medical
advice services and are operating in compliance with the laws
governing their respective scopes of practice. All registered nurses
providing telephone medical advice services to both in-state and
out-of-state business entities registered pursuant to this chapter
shall be licensed pursuant to Chapter 6 (commencing with Section
2700) of Division 2 of the Business and Professions Code.

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

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

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

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

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

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

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

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

begin delete SEC. 43. end delete

begin insert SEC. 41. end insert   

Section 10279 of the Insurance Code is amended to
read:

10279.  

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

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

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

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

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

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

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

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

begin delete SEC. 44. end delete

begin insert SEC. 42. end insert   

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