Amended in Assembly August 19, 2016

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 BillNo. 1039


Introduced by Senator Hill

February 12, 2016


An act to amend Sectionsbegin insert 655,end insert 1944, 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,begin insert to add Sections 2746.53 and 3030 to,end insert 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.

(3) 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.begin delete 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.end delete

begin insert

Existing law authorizes the State Board of Optometry to issue a citation containing an order of abatement, an order to pay an administrative fine not to exceed $50,000, or both, as specified, for a violation of a specific section of law governing the permitted relationship of an optometrist with any registered dispensing optician or any optical company.

end insert
begin insert

This bill would make that $50,000 limit a limit per investigation.

end insert
begin insert

Existing law establishes regulatory fees for the regulation of nonresident contact lens sellers, registered dispensing opticians, spectacle lens dispensers, and contact lens dispensers, 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.

end insert

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 insert

Existing law authorizes the State Board of Optometry to inspect any premises at which the business of a registered dispensing optician is colocated with the practice of an optometrist for the purposes of determining compliance with the aforementioned written lease agreement provisions.

end insert
begin insert

This bill would authorize the State Board of Optometry at any time to inspect the premises registered with the board in which optometry is being practiced or in which spectacle or contact lenses are fitted or dispensed.

end insert

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

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

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

This 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.

(6) 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, includingbegin delete whenend delete regularly licensed veterinarians in actual consultation from otherbegin delete states or whenend deletebegin insert states,end insert regularly licensed veterinariansbegin delete areend delete actually called from other states to attend cases in this statebegin delete andend deletebegin insert whoend insert do not open an office or appoint a place to do business within thebegin delete state.end deletebegin insert state, or veterinarians employed by the University of California or the Western University of Health Sciences while engaged in the performance of specified duties.end insert

This bill would replace those exceptions with an exception for veterinarians holding a current, valid license in good standing in another state or country who provide assistance to a California licensed veterinarian and attend on a specific case, subject to specifiedbegin delete conditions.end deletebegin insert conditions, and an exception for veterinarians called into the state by a law enforcement agency or animal control agency.end insertbegin insert By requiring additional persons to be licensed under the act that were previously exempt, the bill would expand the definition of an existing crime and, therefore, would result in a state-mandated local program. end insert

(7) 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.

(8) 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.

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

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

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

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

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

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

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

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

P6    1

SECTION 1.  

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

6begin insert

begin insertSEC. 2.end insert  

end insert

begin insertSection 655 of the end insertbegin insertBusiness and Professions Codeend insertbegin insert is
7amended to read:end insert

P7    1

655.  

(a) For the purposes of this section, the following terms
2have the following meanings:

3(1) “Health plan” means a health care service plan licensed
4pursuant to the Knox-Keene Health Care Service Plan Act of 1975
5(Chapter 2.2 (commencing with Section 1340) of Division 2 of
6the Health and Safety Code).

7(2) “Optical company” means a person or entity that is engaged
8in the manufacture, sale, or distribution to physicians and surgeons,
9optometrists, health plans, or dispensing opticians of lenses, frames,
10optical supplies, or optometric appliances or devices or kindred
11products.

12(3) “Optometrist” means a person licensed pursuant to Chapter
137 (commencing with Section 3000) or an optometric corporation,
14as described in Section 3160.

15(4) “Registered dispensing optician” means a person licensed
16pursuant to Chapter 5.5 (commencing with Section 2550).

17(5) “Therapeutic ophthalmic product” means lenses or other
18products that provide direct treatment of eye disease or visual
19rehabilitation for diseased eyes.

20(b) No optometrist may have any membership, proprietary
21interest, coownership, or any profit-sharing arrangement, either
22by stock ownership, interlocking directors, trusteeship, mortgage,
23or trust deed, with any registered dispensing optician or any optical
24company, except as otherwise permitted under this section.

25(c) (1) A registered dispensing optician or an optical company
26may operate, own, or have an ownership interest in a health plan
27so long as the health plan does not directly employ optometrists
28to provide optometric services directly to enrollees of the health
29plan, and may directly or indirectly provide products and services
30to the health plan or its contracted providers or enrollees or to other
31optometrists. For purposes of this section, an optometrist may be
32employed by a health plan as a clinical director for the health plan
33pursuant to Section 1367.01 of the Health and Safety Code or to
34perform services related to utilization management or quality
35assurance or other similar related services that do not require the
36optometrist to directly provide health care services to enrollees.
37In addition, an optometrist serving as a clinical director may not
38employ optometrists to provide health care services to enrollees
39of the health plan for which the optometrist is serving as clinical
40director. For the purposes of this section, the health plan’s
P8    1utilization management and quality assurance programs that are
2consistent with the Knox-Keene Health Care Service Plan Act of
31975 (Chapter 2.2 (commencing with Section 1340) of Division
42 of the Health and Safety Code) do not constitute providing health
5care services to enrollees.

6(2) The registered dispensing optician or optical company shall
7not interfere with the professional judgment of the optometrist.

8(3) The Department of Managed Health Care shall forward to
9 the State Board of Optometry any complaints received from
10consumers that allege that an optometrist violated the Optometry
11Practice Act (Chapter 7 (commencing with Section 3000)). The
12Department of Managed Health Care and the State Board of
13Optometry shall enter into an Inter-Agency Agreement regarding
14the sharing of information related to the services provided by an
15optometrist that may be in violation of the Optometry Practice Act
16that the Department of Managed Health Care encounters in the
17course of the administration of the Knox-Keene Health Care
18Service Plan Act of 1975 (Chapter 2.2 (commencing with Section
191340) of Division 2 of the Health and Safety Code).

20(d) An optometrist, a registered dispensing optician, an optical
21company, or a health plan may execute a lease or other written
22agreement giving rise to a direct or indirect landlord-tenant
23relationship with an optometrist, if all of the following conditions
24are contained in a written agreement establishing the
25landlord-tenant relationship:

26(1) (A) The practice shall be owned by the optometrist and in
27every phase be under the optometrist’s exclusive control, including
28the selection and supervision of optometric staff, the scheduling
29of patients, the amount of time the optometrist spends with patients,
30fees charged for optometric products and services, the examination
31procedures and treatment provided to patients and the optometrist’s
32contracting with managed care organizations.

33(B) Subparagraph (A) shall not preclude a lease from including
34commercially reasonable terms that: (i) require the provision of
35optometric services at the leased space during certain days and
36hours, (ii) restrict the leased space from being used for the sale or
37offer for sale of spectacles, frames, lenses, contact lenses, or other
38ophthalmic products, except that the optometrist shall be permitted
39to sell therapeutic ophthalmic products if the registered dispensing
40optician, health plan, or optical company located on or adjacent
P9    1to the optometrist’s leased space does not offer any substantially
2similar therapeutic ophthalmic products for sale, (iii) require the
3optometrist to contract with a health plan network, health plan, or
4health insurer, or (iv) permit the landlord to directly or indirectly
5provide furnishings and equipment in the leased space.

6(2) The optometrist’s records shall be the sole property of the
7optometrist. Only the optometrist and those persons with written
8authorization from the optometrist shall have access to the patient
9records and the examination room, except as otherwise provided
10by law.

11(3) The optometrist’s leased space shall be definite and distinct
12from space occupied by other occupants of the premises, have a
13sign designating that the leased space is occupied by an
14independent optometrist or optometrists and be accessible to the
15optometrist after hours or in the case of an emergency, subject to
16the facility’s general accessibility. This paragraph shall not require
17a separate entrance to the optometrist’s leased space.

18(4) All signs and displays shall be separate and distinct from
19that of the other occupants and shall have the optometrist's name
20and the word “optometrist” prominently displayed in connection
21therewith. This paragraph shall not prohibit the optometrist from
22advertising the optometrist’s practice location with reference to
23other occupants or prohibit the optometrist or registered dispensing
24optician from advertising their participation in any health plan’s
25network or the health plan’s products in which the optometrist or
26registered dispensing optician participates.

27(5) There shall be no signs displayed on any part of the premises
28or in any advertising indicating that the optometrist is employed
29or controlled by the registered dispensing optician, health plan or
30optical company.

31(6) Except for a statement that an independent doctor of
32optometry is located in the leased space, in-store pricing signs and
33as otherwise permitted by this subdivision, the registered
34dispensing optician or optical company shall not link its advertising
35with the optometrist's name, practice, or fees.

36(7) Notwithstanding paragraphs (4) and (6), this subdivision
37shall not preclude a health plan from advertising its health plan
38products and associated premium costs and any copayments,
39coinsurance, deductibles, or other forms of cost sharing, or the
40names and locations of the health plan’s providers, including any
P10   1optometrists or registered dispensing opticians that provide
2professional services, in compliance with the Knox-Keene Health
3Care Service Plan Act of 1975 (Chapter 2.2 (commencing with
4Section 1340) of Division 2 of the Health and Safety Code).

5(8) A health plan that advertises its products and services in
6accordance with paragraph (7) shall not advertise the optometrist’s
7fees for products and services that are not included in the health
8plan’s contract with the optometrist.

9(9) The optometrist shall not be precluded from collecting fees
10for services that are not included in a health plan’s products and
11services, subject to any patient disclosure requirements contained
12in the health plan’s provider agreement with the optometrist or
13that are not otherwise prohibited by the Knox-Keene Health Care
14Service Plan Act of 1975 (Chapter 2.2 (commencing with Section
151340) of Division 2 of the Health and Safety Code).

16(10) The term of the lease shall be no less than one year and
17shall not require the optometrist to contract exclusively with a
18health plan. The optometrist may terminate the lease according to
19the terms of the lease. The landlord may terminate the lease for
20the following reasons:

21(A) The optometrist’s failure to maintain a license to practice
22optometry or the imposition of restrictions, suspension or
23revocation of the optometrist’s license or if the optometrist or the
24optometrist’s employee is or becomes ineligible to participate in
25state or federal government-funded programs.

26(B) Termination of any underlying lease where the optometrist
27has subleased space, or the optometrist’s failure to comply with
28the underlying lease provisions that are made applicable to the
29optometrist.

30(C) If the health plan is the landlord, the termination of the
31provider agreement between the health plan and the optometrist,
32in accordance with the Knox-Keene Health Care Service Plan Act
33of 1975 (Chapter 2.2 (commencing with Section 1340) of Division
342 of the Health and Safety Code).

35(D) Other reasons pursuant to the terms of the lease or permitted
36under the Civil Code.

37(11) The landlord shall act in good faith in terminating the lease
38and in no case shall the landlord terminate the lease for reasons
39that constitute interference with the practice of optometry.

P11   1(12) Lease or rent terms and payments shall not be based on
2number of eye exams performed, prescriptions written, patient
3referrals or the sale or promotion of the products of a registered
4dispensing optician or an optical company.

5(13) The landlord shall not terminate the lease solely because
6of a report, complaint, or allegation filed by the optometrist against
7the landlord, a registered dispensing optician or a health plan, to
8the State Board of Optometry or the Department of Managed
9Health Care or any law enforcement or regulatory agency.

10(14) The landlord shall provide the optometrist with written
11notice of the scheduled expiration date of a lease at least 60 days
12prior to the scheduled expiration date. This notice obligation shall
13not affect the ability of either party to terminate the lease pursuant
14to this section. The landlord may not interfere with an outgoing
15optometrist’s efforts to inform the optometrist’s patients, in
16accordance with customary practice and professional obligations,
17of the relocation of the optometrist's practice.

18(15) The State Board of Optometry may inspect, upon request,
19an individual lease agreement pursuant to its investigational
20authority, and if such a request is made, the landlord or tenant, as
21applicable, shall promptly comply with the request. Failure or
22refusal to comply with the request for lease agreements within 30
23days of receiving the request constitutes unprofessional conduct
24and is grounds for disciplinary action by the appropriate regulatory
25 agency. This section shall not affect the Department of Managed
26Health Care’s authority to inspect all books and records of a health
27plan pursuant to Section 1381 of the Health and Safety Code.

28Any financial information contained in the lease submitted to a
29regulatory entity, pursuant to this paragraph, shall be considered
30confidential trade secret information that is exempt from disclosure
31under the California Public Records Act (Chapter 3.5 (commencing
32with Section 6250) of Division 7 of Title 1 of the Government
33Code).

34(16) This subdivision shall not be applicable to the relationship
35between any optometrist employee and the employer medical
36group, or the relationship between a medical group exclusively
37contracted with a health plan regulated by the Department of
38Managed Health Care and that health plan.

39(e) No registered dispensing optician may have any membership,
40proprietary interest, coownership, or profit-sharing arrangement
P12   1either by stock ownership, interlocking directors, trusteeship,
2mortgage, or trust deed, with an optometrist, except as permitted
3under this section.

4(f) Nothing in this section shall prohibit a person licensed under
5Chapter 5 (commencing with Section 2000) or its professional
6corporation from contracting with or employing optometrists,
7ophthalmologists, or optometric assistants and entering into a
8contract or landlord tenant relationship with a health plan, an
9optical company, or a registered dispensing optician, in accordance
10with Sections 650 and 654 of this code.

11(g) Any violation of this section constitutes a misdemeanor as
12to such person licensed under Chapter 7 (commencing with Section
133000) of this division and as to any and all persons, whether or
14not so licensed under this division, who participate with such
15licensed person in a violation of any provision of this section.

16(h) (1) Notwithstanding any other law and in addition to any
17action available to the State Board of Optometry, the State Board
18of Optometry may issue a citation containing an order of
19abatement, an order to pay an administrative fine, or both, to an
20optical company, an optometrist, or a registered dispensing optician
21for a violation of this section. The administrative fine shall not
22exceed fifty thousand dollarsbegin delete ($50,000).end deletebegin insert ($50,000) per
23investigation.end insert
In assessing the amount of the fine, the board shall
24give due consideration to all of the following:

25(A) The gravity of the violation.

26(B) The good faith of the cited person or entity.

27(C) The history of previous violations of the same or similar
28nature.

29(D) Evidence that the violation was or was not willful.

30(E) The extent to which the cited person or entity has cooperated
31with the board’s investigation.

32(F) The extent to which the cited person or entity has mitigated
33or attempted to mitigate any damage or injury caused by the
34violation.

35(G) Any other factors as justice may require.

36(2) A citation or fine assessment issued pursuant to a citation
37shall inform the cited person or entity that if a hearing is desired
38to contest the finding of a violation, that hearing shall be requested
39by written notice to the board within 30 days of the date of issuance
40of the citation or assessment. If a hearing is not requested pursuant
P13   1to this section, payment of any fine shall not constitute an
2admission of the violation charged. Hearings shall be held pursuant
3to Chapter 5 (commencing with Section 11500) of Part 1 of
4Division 3 of Title 2 of the Government Code.

5(3) The board shall adopt regulations to implement a system for
6the issuance of citations, administrative fines, and orders of
7abatement authorized by this section. The regulations shall include
8provisions for both of the following:

9(A) The issuance of a citation without an administrative fine.

10(B) The opportunity for a cited person or entity to have an
11informal conference with the executive officer of the board in
12addition to the hearing described in paragraph (2).

13(4) The failure of a licensee to pay a fine within 30 days of the
14date of assessment, unless the citation is being appealed, may result
15in disciplinary action being taken by the board. Where a citation
16is not contested and a fine is not paid, the full amount of the
17assessed fine shall be added to the fee for renewal of the license.
18A license shall not be renewed without payment of the renewal
19fee and fine.

20(5) Notwithstanding any other law, if a fine is paid to satisfy an
21assessment based on the finding of a violation, payment of the fine
22shall be represented as satisfactory resolution of the matter for
23purposes of public disclosure.

24(i) Administrative fines collected pursuant to this section shall
25be deposited in the Dispensing Opticians Fund. It is the intent of
26the Legislature that moneys collected as fines and deposited in the
27fund be used by the board primarily for enforcement purposes.

28

begin deleteSEC. 2.end delete
29
begin insertSEC. 3.end insert  

Section 1944 of the Business and Professions Code is
30amended to read:

31

1944.  

(a) The committee shall establish by resolution the
32amount of the fees that relate to the licensing of a registered dental
33hygienist, a registered dental hygienist in alternative practice, and
34a registered dental hygienist in extended functions. The fees
35established by board resolution in effect on June 30, 2009, as they
36relate to the licensure of registered dental hygienists, registered
37dental hygienists in alternative practice, and registered dental
38hygienists in extended functions, shall remain in effect until
39modified by the committee. The fees are subject to the following
40limitations:

P14   1(1) The application fee for an original license and the fee for
2issuance of an original license shall not exceed two hundred fifty
3dollars ($250).

4(2) The fee for examination for licensure as a registered dental
5hygienist shall not exceed the actual cost of the examination.

6(3) The fee for examination for licensure as a registered dental
7hygienist in extended functions shall not exceed the actual cost of
8the examination.

9(4) The fee for examination for licensure as a registered dental
10hygienist in alternative practice shall not exceed the actual cost of
11administering the examination.

12(5) The biennial renewal fee shall not exceed five hundred
13dollars ($500).

14(6) The delinquency fee shall not exceed one-half of the renewal
15fee. Any delinquent license may be restored only upon payment
16of all fees, including the delinquency fee, and compliance with all
17other applicable requirements of this article.

18(7) The fee for issuance of a duplicate license to replace one
19that is lost or destroyed, or in the event of a name change, shall
20not exceed twenty-five dollars ($25) or one-half of the renewal
21fee, whichever is greater.

22(8) The fee for certification of licensure shall not exceed one-half
23of the renewal fee.

24(9) The fee for each curriculum review, feasibility study review,
25and site evaluation for educational programs for dental hygienists
26who are not accredited by a committee-approved agency shall not
27exceed two thousand one hundred dollars ($2,100).

28(10) The fee for each review or approval of course requirements
29for licensure or procedures that require additional training shall
30not exceed seven hundred fifty dollars ($750).

31(11) The initial application and biennial fee for a provider of
32continuing education shall not exceed five hundred dollars ($500).

33(12) The amount of fees payable in connection with permits
34issued under Section 1962 is as follows:

35(A) The initial permit fee is an amount equal to the renewal fee
36for the applicant’s license to practice dental hygiene in effect on
37the last regular renewal date before the date on which the permit
38is issued.

39(B) If the permit will expire less than one year after its issuance,
40then the initial permit fee is an amount equal to 50 percent of the
P15   1renewal fee in effect on the last regular renewal date before the
2date on which the permit is issued.

3(b) The renewal and delinquency fees shall be fixed by the
4committee by resolution at not more than the current amount of
5the renewal fee for a license to practice under this article nor less
6than five dollars ($5).

7(c) Fees fixed by the committee by resolution pursuant to this
8section shall not be subject to the approval of the Office of
9Administrative Law.

10(d) Fees collected pursuant to this section shall be collected by
11the committee and deposited into the State Dental Hygiene Fund,
12which is hereby created. All money in this fund shall, upon
13appropriation by the Legislature in the annual Budget Act, be used
14to implement this article.

15(e) No fees or charges other than those listed in this section shall
16be levied by the committee in connection with the licensure of
17registered dental hygienists, registered dental hygienists in
18alternative practice, or registered dental hygienists in extended
19functions.

20(f) The fee for registration of an extramural dental facility shall
21not exceed two hundred fifty dollars ($250).

22(g) The fee for registration of a mobile dental hygiene unit shall
23not exceed one hundred fifty dollars ($150).

24(h) The biennial renewal fee for a mobile dental hygiene unit
25shall not exceed two hundred fifty dollars ($250).

26(i) The fee for an additional office permit shall not exceed two
27hundred fifty dollars ($250).

28(j) The biennial renewal fee for an additional office as described
29in Section 1926.4 shall not exceed two hundred fifty dollars ($250).

30(k) The initial application and biennial special permit fee is an
31amount equal to the biennial renewal fee specified in paragraph
32(6) of subdivision (a).

33(l) The fees in this section shall not exceed an amount sufficient
34to cover the reasonable regulatory cost of carrying out this article.

35

begin deleteSEC. 3.end delete
36
begin insertSEC. 4.end insert  

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

38

begin deleteSEC. 4.end delete
39
begin insertSEC. 5.end insert  

Section 2546.9 is added to the Business and Professions
40Code
, to read:

P16   1

2546.9.  

The amount of fees prescribed in connection with the
2registration of nonresident contact lens sellers is that established
3by the following schedule:

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

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

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

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

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

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

20(g) The fees collected pursuant to this chapter shall be deposited
21in the Dispensing Opticians Fund, and shall be available, upon
22appropriation, to the State Board of Optometry for the purposes
23of this chapter.

24

begin deleteSEC. 5.end delete
25
begin insertSEC. 6.end insert  

Section 2565 of the Business and Professions Code is
26repealed.

27

begin deleteSEC. 6.end delete
28
begin insertSEC. 7.end insert  

Section 2565 is added to the Business and Professions
29Code
, to read:

30

2565.  

The amount of fees prescribed in connection with the
31registration of dispensing opticians shall be as set forth in this
32section.

33(a) The application fee for registration shall be a minimum of
34one hundred fifty dollars ($150) and shall not exceed two hundred
35dollars ($200).

36(b) The initial registration fee shall be a minimum of two
37hundred dollars ($200) and shall not exceed three hundred dollars
38($300).

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

P17   1(d) The delinquency fee shall be a minimum of fifty dollars
2($50) and shall not exceed seventy-five dollars ($75).

3(e) The fee for replacement of a lost, stolen, or destroyed
4certificate shall be twenty-five dollars ($25).

5(f) The State Board of Optometry may periodically revise and
6fix by regulation the fees specified in subdivisions (a), (b), (c), and
7(d), and these revised fees shall not exceed the reasonable
8regulatory cost.

9

begin deleteSEC. 7.end delete
10
begin insertSEC. 8.end insert  

Section 2566 of the Business and Professions Code is
11repealed.

12

begin deleteSEC. 8.end delete
13
begin insertSEC. 9.end insert  

Section 2566 is added to the Business and Professions
14Code
, to read:

15

2566.  

The amount of fees prescribed in connection with
16certificates for contact lens dispensers is as follows:

17(a) The application fee for a registered contact lens dispenser
18shall be a minimum of one hundred fifty dollars ($150) and shall
19not exceed two hundred dollars ($200).

20(b) The initial registration fee shall be a minimum of two
21hundred dollars ($200) and shall not exceed three hundred dollars
22($300).

23(c) The biennial fee for the renewal of certificates shall be a
24minimum of two hundred dollars ($200) and shall not exceed three
25hundred dollars ($300).

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

28(e) The division may by regulation provide for a refund of a
29portion of the application fee to applicants who do not meet the
30requirements for registration.

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

35(g) The fee for replacement of a lost, stolen, or destroyed
36certificate is twenty-five dollars ($25).

37

begin deleteSEC. 9.end delete
38
begin insertSEC. 10.end insert  

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

P18   1

begin deleteSEC. 10.end delete
2
begin insertSEC. 11.end insert  

Section 2566.1 is added to the Business and
3Professions Code
, to read:

4

2566.1.  

The amount of fees prescribed in connection with
5certificates for spectacle lens dispensers shall be as set forth in this
6section:

7(a) The application for registration fee shall be a minimum of
8one hundred fifty dollars ($150) and shall not exceed two hundred
9dollars ($200).

10(b) The initial registration fee shall be a minimum of two
11hundred dollars ($200) and shall not exceed three hundred dollars
12($300).

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

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

17(e) The fee for replacement of a lost, stolen, or destroyed
18certificate is twenty-five dollars ($25).

19(f) The State Board of Optometry may periodically revise and
20fix by regulation the fees specified in subdivisions (a), (b), (c), and
21(d), and these revised fees shall not exceed the reasonable
22regulatory cost.

23

begin deleteSEC. 11.end delete
24
begin insertSEC. 12.end insert  

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

26

2733.  

(a) (1) (A) Upon approval of an application filed
27pursuant to subdivision (b) of Section 2732.1, and upon the
28payment of the fee prescribed by subdivision (k) of Section 2815,
29the board may issue a temporary license to practice professional
30nursing, and a temporary certificate to practice as a certified public
31health nurse for a period of six months from the date of issuance.

32(B) Upon approval of an application filed pursuant to
33subdivision (b) of Section 2732.1, and upon the payment of the
34fee prescribed by subdivision (d) of Section 2838.2, the board may
35issue a temporary certificate to practice as a certified clinical nurse
36specialist for a period of six months from the date of issuance.

37(C) Upon approval of an application filed pursuant to
38subdivision (b) of Section 2732.1, and upon the payment of the
39fee prescribed by subdivision (e) of Section 2815.5, the board may
P19   1issue a temporary certificate to practice as a certified nurse-midwife
2for a period of six months from the date of issuance.

3(D) Upon approval of an application filed pursuant to
4subdivision (b) of Section 2732.1, and upon the payment of the
5fee prescribed by subdivision (d) of Section 2830.7, the board may
6issue a temporary certificate to practice as a certified nurse
7anesthetist for a period of six months from the date of issuance.

8(E) Upon approval of an application filed pursuant to subdivision
9(b) of Section 2732.1, and upon the payment of the fee prescribed
10by subdivision (p) of Section 2815, the board may issue a
11 temporary certificate to practice as a certified nurse practitioner
12for a period of six months from the date of issuance.

13(2) A temporary license or temporary certificate shall terminate
14upon notice thereof by certified mail, return receipt requested, if
15it is issued by mistake or if the application for permanent licensure
16is denied.

17(b) Upon written application, the board may reissue a temporary
18license or temporary certificate to any person who has applied for
19a regular renewable license pursuant to subdivision (b) of Section
202732.1 and who, in the judgment of the board has been excusably
21delayed in completing his or her application for or the minimum
22requirements for a regular renewable license, but the board may
23not reissue a temporary license or temporary certificate more than
24twice to any one person.

25

begin deleteSEC. 12.end delete
26
begin insertSEC. 13.end insert  

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

28

2746.51.  

(a) Neither this chapter nor any other provision of
29law shall be construed to prohibit a certified nurse-midwife from
30furnishing or ordering drugs or devices, including controlled
31substances classified in Schedule II, III, IV, or V under the
32California Uniform Controlled Substances Act (Division 10
33(commencing with Section 11000) of the Health and Safety Code),
34when all of the following apply:

35(1) The drugs or devices are furnished or ordered incidentally
36to the provision of any of the following:

37(A) Family planning services, as defined in Section 14503 of
38the Welfare and Institutions Code.

39(B) Routine health care or perinatal care, as defined in
40subdivision (d) of Section 123485 of the Health and Safety Code.

P20   1(C) Care rendered, consistent with the certified nurse-midwife’s
2educational preparation or for which clinical competency has been
3established and maintained, to persons within a facility specified
4in subdivision (a), (b), (c), (d), (i), or (j) of Section 1206 of the
5Health and Safety Code, a clinic as specified in Section 1204 of
6the Health and Safety Code, a general acute care hospital as defined
7in subdivision (a) of Section 1250 of the Health and Safety Code,
8a licensed birth center as defined in Section 1204.3 of the Health
9and Safety Code, or a special hospital specified as a maternity
10hospital in subdivision (f) of Section 1250 of the Health and Safety
11Code.

12(2) The drugs or devices are furnished or ordered by a certified
13nurse-midwife in accordance with standardized procedures or
14protocols. For purposes of this section, standardized procedure
15means a document, including protocols, developed and approved
16by the supervising physician and surgeon, the certified
17nurse-midwife, and the facility administrator or his or her designee.
18The standardized procedure covering the furnishing or ordering
19of drugs or devices shall specify all of the following:

20(A) Which certified nurse-midwife may furnish or order drugs
21or devices.

22(B) Which drugs or devices may be furnished or ordered and
23under what circumstances.

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

25(D) The method of periodic review of the certified
26nurse-midwife’s competence, including peer review, and review
27of the provisions of the standardized procedure.

28(3) If Schedule II or III controlled substances, as defined in
29Sections 11055 and 11056 of the Health and Safety Code, are
30furnished or ordered by a certified nurse-midwife, the controlled
31substances shall be furnished or ordered in accordance with a
32patient-specific protocol approved by the treating or supervising
33physician and surgeon. For Schedule II controlled substance
34protocols, the provision for furnishing the Schedule II controlled
35substance shall address the diagnosis of the illness, injury, or
36condition for which the Schedule II controlled substance is to be
37furnished.

38(4) The furnishing or ordering of drugs or devices by a certified
39nurse-midwife occurs under physician and surgeon supervision.
40For purposes of this section, no physician and surgeon shall
P21   1supervise more than four certified nurse-midwives at one time.
2Physician and surgeon supervision shall not be construed to require
3the physical presence of the physician, but does include all of the
4following:

5(A) Collaboration on the development of the standardized
6procedure or protocol.

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

8(C) Availability by telephonic contact at the time of patient
9examination by the certified nurse-midwife.

10(b) (1) The furnishing or ordering of drugs or devices by a
11certified nurse-midwife is conditional on the issuance by the board
12of a number to the applicant who has successfully completed the
13requirements of paragraph (2). The number shall be included on
14all transmittals of orders for drugs or devices by the certified
15nurse-midwife. The board shall maintain a list of the certified
16nurse-midwives that it has certified pursuant to this paragraph and
17the number it has issued to each one. The board shall make the list
18available to the California State Board of Pharmacy upon its
19request. Every certified nurse-midwife who is authorized pursuant
20to this section to furnish or issue a drug order for a controlled
21substance shall register with the United States Drug Enforcement
22Administration.

23(2) The board has certified in accordance with paragraph (1)
24that the certified nurse-midwife has satisfactorily completed a
25course in pharmacology covering the drugs or devices to be
26furnished or ordered under this section. The board shall establish
27the requirements for satisfactory completion of this paragraph. begin delete28The board may charge the applicant a fee to cover all necessary
29costs to implement this section, that shall be not less than four
30hundred dollars ($400) nor more than one thousand five hundred
31dollars ($1,500) for an initial application, nor less than one hundred
32fifty dollars ($150) nor more than one thousand dollars ($1,000)
33for an application for renewal. The board may charge a penalty
34fee for failure to renew a furnishing number within the prescribed
35time that shall be not less than seventy-five dollars ($75) nor more
36than five hundred dollars ($500).end delete

37(3) A physician and surgeon may determine the extent of
38supervision necessary pursuant to this section in the furnishing or
39ordering of drugs and devices.

P22   1(4) A copy of the standardized procedure or protocol relating
2to the furnishing or ordering of controlled substances by a certified
3nurse-midwife shall be provided upon request to any licensed
4pharmacist who is uncertain of the authority of the certified
5nurse-midwife to perform these functions.

6(5) Certified nurse-midwives who are certified by the board and
7hold an active furnishing number, who are currently authorized
8through standardized procedures or protocols to furnish Schedule
9II controlled substances, and who are registered with the United
10States Drug Enforcement Administration shall provide
11documentation of continuing education specific to the use of
12Schedule II controlled substances in settings other than a hospital
13based on standards developed by the board.

14(c) Drugs or devices furnished or ordered by a certified
15nurse-midwife may include Schedule II controlled substances
16under the California Uniform Controlled Substances Act (Division
1710 (commencing with Section 11000) of the Health and Safety
18Code) under the following conditions:

19(1) The drugs and devices are furnished or ordered in accordance
20with requirements referenced in paragraphs (2) to (4), inclusive,
21of subdivision (a) and in paragraphs (1) to (3), inclusive, of
22 subdivision (b).

23(2) When Schedule II controlled substances, as defined in
24Section 11055 of the Health and Safety Code, are furnished or
25ordered by a certified nurse-midwife, the controlled substances
26shall be furnished or ordered in accordance with a patient-specific
27protocol approved by the treating or supervising physician and
28surgeon.

29(d) Furnishing of drugs or devices by a certified nurse-midwife
30means the act of making a pharmaceutical agent or agents available
31to the patient in strict accordance with a standardized procedure
32or protocol. Use of the term “furnishing” in this section shall
33include the following:

34(1) The ordering of a drug or device in accordance with the
35standardized procedure or protocol.

36(2) Transmitting an order of a supervising physician and
37surgeon.

38(e) “Drug order” or “order” for purposes of this section means
39an order for medication or for a drug or device that is dispensed
40to or for an ultimate user, issued by a certified nurse-midwife as
P23   1an individual practitioner, within the meaning of Section 1306.03
2of Title 21 of the Code of Federal Regulations. Notwithstanding
3any other provision of law, (1) a drug order issued pursuant to this
4section shall be treated in the same manner as a prescription of the
5supervising physician; (2) all references to “prescription” in this
6code and the Health and Safety Code shall include drug orders
7issued by certified nurse-midwives; and (3) the signature of a
8certified nurse-midwife on a drug order issued in accordance with
9this section shall be deemed to be the signature of a prescriber for
10purposes of this code and the Health and Safety Code.

11begin insert

begin insertSEC. 14.end insert  

end insert

begin insertSection 2746.53 is added to the end insertbegin insertBusiness and
12Professions Code
end insert
begin insert, to read:end insert

begin insert
13

begin insert2746.53.end insert  

The board may charge the applicant a fee to cover
14all necessary costs to implement Section 2746.51, that shall be not
15less than four hundred dollars ($400) nor more than one thousand
16five hundred dollars ($1,500) for an initial application, nor less
17than one hundred fifty dollars ($150) nor more than one thousand
18dollars ($1,000) for an application for renewal. The board may
19charge a penalty fee for failure to renew a furnishing number
20within the prescribed time that shall be not less than seventy-five
21dollars ($75) nor more than five hundred dollars ($500).

end insert
22

begin deleteSEC. 13.end delete
23
begin insertSEC. 15.end insert  

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

25

2786.5.  

(a) An institution of higher education or a private
26postsecondary school of nursing approved by the board pursuant
27to subdivision (b) of Section 2786 shall remit to the board for
28deposit in the Board of Registered Nursing Fund the following
29fees, in accordance with the following schedule:

30(1) The fee for approval of a school of nursing shall be fixed
31by the board at not less than forty thousand dollars ($40,000) nor
32more than eighty thousand dollars ($80,000).

33(2) The fee for continuing approval of a nursing program
34established after January 1, 2013, shall be fixed by the board at
35not less than fifteen thousand dollars ($15,000) nor more than
36thirty thousand dollars ($30,000).

37(3) The processing fee for authorization of a substantive change
38to an approval of a school of nursing shall be fixed by the board
39at not less than two thousand five hundred dollars ($2,500) nor
40more than five thousand dollars ($5,000).

P24   1(b) If the board determines that the annual cost of providing
2oversight and review of a school of nursing, as required by this
3article, is less than the amount of any fees required to be paid by
4that institution pursuant to this article, the board may decrease the
5fees applicable to that institution to an amount that is proportional
6to the board’s costs associated with that institution.

7

begin deleteSEC. 14.end delete
8
begin insertSEC. 16.end insert  

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

10

2811.  

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

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

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

33

begin deleteSEC. 15.end delete
34
begin insertSEC. 17.end insert  

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

36

2811.5.  

(a) Each person renewing his or her license under
37Section 2811 shall submit proof satisfactory to the board that,
38during the preceding two-year period, he or she has been informed
39of the developments in the registered nurse field or in any special
40area of practice engaged in by the licensee, occurring since the
P25   1last renewal thereof, either by pursuing a course or courses of
2continuing education in the registered nurse field or relevant to
3the practice of the licensee, and approved by the board, or by other
4means deemed equivalent by the board.

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

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

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

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

33(1) Pain and symptom management.

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

35(3) Dying and bereavement.

36(4) Hospice care.

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

P26   1(g) This section shall not apply to licensees during the first two
2years immediately following their initial licensure in California
3or any other governmental jurisdiction.

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

8

begin deleteSEC. 16.end delete
9
begin insertSEC. 18.end insert  

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

11

2815.  

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

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

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

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

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

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

37(c) (1) The fee to be paid for application by a person who is
38licensed or registered as a nurse in another state, district, or territory
39of the United States for licensure by endorsement shall be fixed
P27   1by the board at not less than three hundred fifty dollars ($350) nor
2more than one thousand dollars ($1,000).

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

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

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

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

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

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

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

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

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

P28   1(k) The fee to be paid for a temporary license shall be fixed by
2the board at not less than one hundred dollars ($100) nor more
3than two hundred fifty dollars ($250).

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

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

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

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

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

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

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

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

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

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

P29   1(r) The fee to be paid for a letter certifying a license shall be
2not less than twenty dollars ($20) nor more than thirty dollars
3($30).

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

6

begin deleteSEC. 17.end delete
7
begin insertSEC. 19.end insert  

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

9

2815.5.  

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

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

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

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

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

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

31

begin deleteSEC. 18.end delete
32
begin insertSEC. 20.end insert  

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

34

2816.  

The nonrefundable fee to be paid by a registered nurse
35for an evaluation of his or her qualifications to use the title “public
36health nurse” shall be equal to the fees set out in subdivision (o)
37of Section 2815. The fee to be paid upon the application for
38renewal of the certificate to practice as a public health nurse shall
39be fixed by the board at not less than one hundred twenty-five
40dollars ($125) and not more than five hundred dollars ($500). All
P30   1fees payable under this section shall be collected by and paid to
2the Registered Nursing Fund. It is the intention of the Legislature
3that the costs of carrying out the purposes of this article shall be
4covered by the revenue collected pursuant to this section.

5

begin deleteSEC. 19.end delete
6
begin insertSEC. 21.end insert  

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

8

2830.7.  

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

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

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

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

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

26

begin deleteSEC. 20.end delete
27
begin insertSEC. 22.end insert  

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

29

2836.3.  

(a) The furnishing of drugs or devices by nurse
30practitioners is conditional on issuance by the board of a number
31to the nurse applicant who has successfully completed the
32requirements of subdivision (g) of Section 2836.1. The number
33shall be included on all transmittals of orders for drugs or devices
34by the nurse practitioner. The board shall make the list of numbers
35issued available to the Board of Pharmacy. The board may charge
36the applicant a fee to cover all necessary costs to implement this
37section, that shall be not less than four hundred dollars ($400) nor
38more than one thousand five hundred dollars ($1,500) for an initial
39application, nor less than one hundred fifty dollars ($150) nor more
40than one thousand dollars ($1,000) for an application for renewal.
P31   1The board may charge a penalty fee for failure to renew a
2furnishing number within the prescribed time that shall be not less
3than seventy-five dollars ($75) nor more than five hundred dollars
4($500).

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

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

10

begin deleteSEC. 21.end delete
11
begin insertSEC. 23.end insert  

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

13

2838.2.  

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

17(b) The board may establish categories of clinical nurse
18specialists and the standards required to be met for nurses to hold
19themselves out as clinical nurse specialists in each category. The
20standards shall take into account the types of advanced levels of
21nursing practice that are or may be performed and the clinical and
22didactic education, experience, or both needed to practice safety
23at those levels. In setting the standards, the board shall consult
24with clinical nurse specialists, physicians and surgeons appointed
25by the Medical Board of California with expertise with clinical
26nurse specialists, and health care organizations that utilize clinical
27nurse specialists.

28(c) A registered nurse who meets one of the following
29requirements may apply to become a clinical nurse specialist:

30(1) Possession of a master’s degree in a clinical field of nursing.

31(2) Possession of a master’s degree in a clinical field related to
32nursing with coursework in the components referred to in
33subdivision (a).

34(3) On or before July 1, 1998, meets the following requirements:

35(A) Current licensure as a registered nurse.

36(B) Performs the role of a clinical nurse specialist as described
37in subdivision (a).

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

39(d) (1) A nonrefundable fee of not less than five hundred dollars
40($500), but not to exceed one thousand five hundred dollars
P32   1($1,500) shall be paid by a registered nurse applying to be a clinical
2nurse specialist for the evaluation of his or her qualifications to
3use the title “clinical nurse specialist.”

4(2) The fee to be paid for a temporary certificate to practice as
5a clinical nurse specialist shall be not less than thirty dollars ($30)
6nor more than fifty dollars ($50).

7(3) A biennial renewal fee shall be paid upon submission of an
8application to renew the clinical nurse specialist certificate and
9shall be established by the board at no less than one hundred fifty
10dollars ($150) and no more than one thousand dollars ($1,000).

11(4) The penalty fee for failure to renew a certificate within the
12prescribed time shall be 50 percent of the renewal fee in effect on
13the date of the renewal of the license, but not less than seventy-five
14dollars ($75) nor more than five hundred dollars ($500).

15(5) The fees authorized by this subdivision shall not exceed the
16amount necessary to cover the costs to the board to administer this
17section.

18begin insert

begin insertSEC. 24.end insert  

end insert

begin insertSection 3030 is added to the end insertbegin insertBusiness and Professions
19Code
end insert
begin insert, to read:end insert

begin insert
20

begin insert3030.end insert  

The board may at any time inspect the premises in which
21optometry is being practiced or in which spectacle or contact
22lenses are fitted or dispensed. The board’s inspection authority
23does not extend to premises that are not registered with the board.
24Nothing in this section shall be construed to affect the board’s
25ability to investigate alleged unlicensed activity or to inspect
26premises for which registration has lapsed or is delinquent.

end insert
27

begin deleteSEC. 22.end delete
28
begin insertSEC. 25.end insert  

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

30

4128.2.  

(a) In addition to the pharmacy license requirement
31described in Section 4110, a centralized hospital packaging
32pharmacy shall obtain a specialty license from the board prior to
33engaging in the functions described in Section 4128.

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

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

P33   1(d) A license to perform the functions described in Section 4128
2may only be issued to a pharmacy that is licensed by the board as
3a hospital pharmacy.

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

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

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

12(h) Until July 1, 2017, the fee for issuance or annual renewal
13of a centralized hospital packaging pharmacy license shall be six
14hundred dollars ($600) and may be increased by the board to eight
15hundred dollars ($800).

16

begin deleteSEC. 23.end delete
17
begin insertSEC. 26.end insert  

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

19

4400.  

The amount of fees and penalties prescribed by this
20chapter, except as otherwise provided, is that fixed by the board
21according to the following schedule:

22(a) The fee for a nongovernmental pharmacy license shall be
23four hundred dollars ($400) and may be increased to five hundred
24twenty dollars ($520). The fee for the issuance of a temporary
25nongovernmental pharmacy permit shall be two hundred fifty
26dollars ($250) and may be increased to three hundred twenty-five
27dollars ($325).

28(b) The fee for a nongovernmental pharmacy license annual
29renewal shall be two hundred fifty dollars ($250) and may be
30increased to three hundred twenty-five dollars ($325).

31(c) The fee for the pharmacist application and examination shall
32be two hundred dollars ($200) and may be increased to two
33hundred sixty dollars ($260).

34(d) The fee for regrading an examination shall be ninety dollars
35($90) and may be increased to one hundred fifteen dollars ($115).
36If an error in grading is found and the applicant passes the
37examination, the regrading fee shall be refunded.

38(e) The fee for a pharmacist license and biennial renewal shall
39be one hundred fifty dollars ($150) and may be increased to one
40hundred ninety-five dollars ($195).

P34   1(f) The fee for a nongovernmental wholesaler or third-party
2logistics provider license and annual renewal shall be seven
3hundred eighty dollars ($780) and may be decreased to no less
4than six hundred dollars ($600). The application fee for any
5additional location after licensure of the first 20 locations shall be
6three hundred dollars ($300) and may be decreased to no less than
7two hundred twenty-five dollars ($225). A temporary license fee
8shall be seven hundred fifteen dollars ($715) and may be decreased
9to no less than five hundred fifty dollars ($550).

10(g) The fee for a hypodermic license and renewal shall be one
11hundred twenty-five dollars ($125) and may be increased to one
12hundred sixty-five dollars ($165).

13(h) (1) The fee for application, investigation, and issuance of
14a license as a designated representative pursuant to Section 4053,
15or as a designated representative-3PL pursuant to Section 4053.1,
16shall be three hundred thirty dollars ($330) and may be decreased
17to no less than two hundred fifty-five dollars ($255).

18(2) The fee for the annual renewal of a license as a designated
19representative or designated representative-3PL shall be one
20hundred ninety-five dollars ($195) and may be decreased to no
21less than one hundred fifty dollars ($150).

22(i) (1) The fee for the application, investigation, and issuance
23of a license as a designated representative for a veterinary
24food-animal drug retailer pursuant to Section 4053 shall be three
25hundred thirty dollars ($330) and may be decreased to no less than
26two hundred fifty-five dollars ($255).

27(2) The fee for the annual renewal of a license as a designated
28representative for a veterinary food-animal drug retailer shall be
29one hundred ninety-five dollars ($195) and may be decreased to
30no less than one hundred fifty dollars ($150).

31(j) (1) The application fee for a nonresident wholesaler or
32third-party logistics provider license issued pursuant to Section
334161 shall be seven hundred eighty dollars ($780) and may be
34decreased to no less than six hundred dollars ($600).

35(2) For nonresident wholesalers or third-party logistics providers
36that have 21 or more facilities operating nationwide the application
37fees for the first 20 locations shall be seven hundred eighty dollars
38($780) and may be decreased to no less than six hundred dollars
39($600). The application fee for any additional location after
40licensure of the first 20 locations shall be three hundred dollars
P35   1($300) and may be decreased to no less than two hundred
2twenty-five dollars ($225). A temporary license fee shall be seven
3hundred fifteen dollars ($715) and may be decreased to no less
4than five hundred fifty dollars ($550).

5(3) The annual renewal fee for a nonresident wholesaler license
6or third-party logistics provider license issued pursuant to Section
74161 shall be seven hundred eighty dollars ($780) and may be
8decreased to no less than six hundred dollars ($600).

9(k) The fee for evaluation of continuing education courses for
10accreditation shall be set by the board at an amount not to exceed
11forty dollars ($40) per course hour.

12(l) The fee for an intern pharmacist license shall be ninety dollars
13($90) and may be increased to one hundred fifteen dollars ($115).
14The fee for transfer of intern hours or verification of licensure to
15another state shall be twenty-five dollars ($25) and may be
16increased to thirty dollars ($30).

17(m) The board may waive or refund the additional fee for the
18issuance of a license where the license is issued less than 45 days
19before the next regular renewal date.

20(n) The fee for the reissuance of any license, or renewal thereof,
21that has been lost or destroyed or reissued due to a name change
22shall be thirty-five dollars ($35) and may be increased to forty-five
23dollars ($45).

24(o) The fee for the reissuance of any license, or renewal thereof,
25that must be reissued because of a change in the information, shall
26be one hundred dollars ($100) and may be increased to one hundred
27thirty dollars ($130).

28(p) It is the intent of the Legislature that, in setting fees pursuant
29to this section, the board shall seek to maintain a reserve in the
30Pharmacy Board Contingent Fund equal to approximately one
31year’s operating expenditures.

32(q) The fee for any applicant for a nongovernmental clinic
33license shall be four hundred dollars ($400) and may be increased
34to five hundred twenty dollars ($520) for each license. The annual
35fee for renewal of the license shall be two hundred fifty dollars
36($250) and may be increased to three hundred twenty-five dollars
37($325) for each license.

38(r) The fee for the issuance of a pharmacy technician license
39shall be eighty dollars ($80) and may be increased to one hundred
40five dollars ($105). The fee for renewal of a pharmacy technician
P36   1license shall be one hundred dollars ($100) and may be increased
2to one hundred thirty dollars ($130).

3(s) The fee for a veterinary food-animal drug retailer license
4shall be four hundred five dollars ($405) and may be increased to
5four hundred twenty-five dollars ($425). The annual renewal fee
6for a veterinary food-animal drug retailer license shall be two
7hundred fifty dollars ($250) and may be increased to three hundred
8twenty-five dollars ($325).

9(t) The fee for issuance of a retired license pursuant to Section
104200.5 shall be thirty-five dollars ($35) and may be increased to
11forty-five dollars ($45).

12(u) The fee for issuance or renewal of a nongovernmental sterile
13compounding pharmacy license shall be six hundred dollars ($600)
14and may be increased to seven hundred eighty dollars ($780). The
15fee for a temporary license shall be five hundred fifty dollars ($550)
16and may be increased to seven hundred fifteen dollars ($715).

17(v) The fee for the issuance or renewal of a nonresident sterile
18compounding pharmacy license shall be seven hundred eighty
19dollars ($780). In addition to paying that application fee, the
20nonresident sterile compounding pharmacy shall deposit, when
21submitting the application, a reasonable amount, as determined by
22the board, necessary to cover the board’s estimated cost of
23performing the inspection required by Section 4127.2. If the
24required deposit is not submitted with the application, the
25application shall be deemed to be incomplete. If the actual cost of
26the inspection exceeds the amount deposited, the board shall
27provide to the applicant a written invoice for the remaining amount
28and shall not take action on the application until the full amount
29has been paid to the board. If the amount deposited exceeds the
30amount of actual and necessary costs incurred, the board shall
31remit the difference to the applicant.

32(w) This section shall become inoperative on July 1, 2017, and
33as of January 1, 2018, is repealed.

34

begin deleteSEC. 24.end delete
35
begin insertSEC. 27.end insert  

Section 4400 is added to the Business and Professions
36Code
, to read:

37

4400.  

The amount of fees and penalties prescribed by this
38chapter, except as otherwise provided, is that fixed by the board
39according to the following schedule:

P37   1(a) The fee for a nongovernmental pharmacy license shall be
2five hundred twenty dollars ($520) and may be increased to five
3hundred seventy dollars ($570). The fee for the issuance of a
4temporary nongovernmental pharmacy permit shall be two hundred
5fifty dollars ($250) and may be increased to three hundred
6twenty-five dollars ($325).

7(b) The fee for a nongovernmental pharmacy license annual
8renewal shall be six hundred sixty-five dollars ($665) and may be
9increased to nine hundred thirty dollars ($930).

10(c) The fee for the pharmacist application and examination shall
11be two hundred sixty dollars ($260) and may be increased to two
12hundred eighty-five dollars ($285).

13(d) The fee for regrading an examination shall be ninety dollars
14($90) and may be increased to one hundred fifteen dollars ($115).
15If an error in grading is found and the applicant passes the
16examination, the regrading fee shall be refunded.

17(e) The fee for a pharmacist license shall be one hundred
18ninety-five dollars ($195) and may be increased to two hundred
19fifteen dollars ($215). The fee for a pharmacist biennial renewal
20shall be three hundred sixty dollars ($360) and may be increased
21to five hundred five dollars ($505).

22(f) The fee for a nongovernmental wholesaler or third-party
23logistics provider license and annual renewal shall be seven
24hundred eighty dollars ($780) and may be increased to eight
25hundred twenty dollars ($820). The application fee for any
26additional location after licensure of the first 20 locations shall be
27three hundred dollars ($300) and may be decreased to no less than
28two hundred twenty-five dollars ($225). A temporary license fee
29shall be seven hundred fifteen dollars ($715) and may be decreased
30to no less than five hundred fifty dollars ($550).

31(g) The fee for a hypodermic license shall be one hundred
32seventy dollars ($170) and may be increased to two hundred forty
33dollars ($240). The fee for a hypodermic license renewal shall be
34two hundred dollars ($200) and may be increased to two hundred
35eighty dollars ($280).

36(h) (1) The fee for application, investigation, and issuance of
37a license as a designated representative pursuant to Section 4053,
38or as a designated representative-3PL pursuant to Section 4053.1,
39shall be one hundred fifty dollars ($150) and may be increased to
40two hundred ten dollars ($210).

P38   1(2) The fee for the annual renewal of a license as a designated
2representative or designated representative-3PL shall be two
3hundred fifteen dollars ($215) and may be increased to three
4hundred dollars ($300).

5(i) (1) The fee for the application, investigation, and issuance
6of a license as a designated representative for a veterinary
7food-animal drug retailer pursuant to Section 4053 shall be one
8hundred fifty dollars ($150) and may be increased to two hundred
9ten dollars ($210).

10(2) The fee for the annual renewal of a license as a designated
11representative for a veterinary food-animal drug retailer shall be
12 two hundred fifteen dollars ($215) and may be increased to three
13hundred dollars ($300).

14(j) (1) The application fee for a nonresident wholesaler or
15third-party logistics provider license issued pursuant to Section
164161 shall be seven hundred eighty dollars ($780) and may be
17increased to eight hundred twenty dollars ($820).

18(2) For nonresident wholesalers or third-party logistics providers
19that have 21 or more facilities operating nationwide the application
20fees for the first 20 locations shall be seven hundred eighty dollars
21($780) and may be increased to eight hundred twenty dollars
22($820). The application fee for any additional location after
23licensure of the first 20 locations shall be three hundred dollars
24($300) and may be decreased to no less than two hundred
25twenty-five dollars ($225). A temporary license fee shall be seven
26hundred fifteen dollars ($715) and may be decreased to no less
27than five hundred fifty dollars ($550).

28(3) The annual renewal fee for a nonresident wholesaler license
29or third-party logistics provider license issued pursuant to Section
304161 shall be seven hundred eighty dollars ($780) and may be
31increased to eight hundred twenty dollars ($820).

32(k) The fee for evaluation of continuing education courses for
33accreditation shall be set by the board at an amount not to exceed
34forty dollars ($40) per course hour.

35(l) The fee for an intern pharmacist license shall be one hundred
36sixty-five dollars ($165) and may be increased to two hundred
37thirty dollars ($230). The fee for transfer of intern hours or
38verification of licensure to another state shall be twenty-five dollars
39($25) and may be increased to thirty dollars ($30).

P39   1(m) The board may waive or refund the additional fee for the
2issuance of a license where the license is issued less than 45 days
3before the next regular renewal date.

4(n) The fee for the reissuance of any license, or renewal thereof,
5that has been lost or destroyed or reissued due to a name change
6shall be thirty-five dollars ($35) and may be increased to forty-five
7dollars ($45).

8(o) The fee for the reissuance of any license, or renewal thereof,
9that must be reissued because of a change in the information, shall
10be one hundred dollars ($100) and may be increased to one hundred
11thirty dollars ($130).

12(p) It is the intent of the Legislature that, in setting fees pursuant
13to this section, the board shall seek to maintain a reserve in the
14Pharmacy Board Contingent Fund equal to approximately one
15year’s operating expenditures.

16(q) The fee for any applicant for a nongovernmental clinic
17license shall be five hundred twenty dollars ($520) for each license
18and may be increased to five hundred seventy dollars ($570). The
19annual fee for renewal of the license shall be three hundred
20twenty-five dollars ($325) for each license and may be increased
21to three hundred sixty dollars ($360).

22(r) The fee for the issuance of a pharmacy technician license
23shall be one hundred forty dollars ($140) and may be increased to
24one hundred ninety-five dollars ($195). The fee for renewal of a
25pharmacy technician license shall be one hundred forty dollars
26($140) and may be increased to one hundred ninety-five dollars
27($195).

28(s) The fee for a veterinary food-animal drug retailer license
29shall be four hundred thirty-five dollars ($435) and may be
30increased to six hundred ten dollars ($610). The annual renewal
31fee for a veterinary food-animal drug retailer license shall be three
32hundred thirty dollars ($330) and may be increased to four hundred
33sixty dollars ($460).

34(t) The fee for issuance of a retired license pursuant to Section
354200.5 shall be thirty-five dollars ($35) and may be increased to
36forty-five dollars ($45).

37(u) The fee for issuance of a nongovernmental sterile
38compounding pharmacy license shall be one thousand six hundred
39forty-five dollars ($1,645) and may be increased to two thousand
40three hundred five dollars ($2,305). The fee for a temporary license
P40   1shall be five hundred fifty dollars ($550) and may be increased to
2seven hundred fifteen dollars ($715). The annual renewal fee of
3the license shall be one thousand three hundred twenty-five dollars
4($1,325) and may be increased to one thousand eight hundred
5fifty-five dollars ($1,855).

6(v) The fee for the issuance of a nonresident sterile compounding
7pharmacy license shall be two thousand three hundred eighty
8dollars ($2,380) and may be increased to three thousand three
9hundred thirty-five dollars ($3,335). The annual renewal of the
10license shall be two thousand two hundred seventy dollars ($2,270)
11and may be increased to three thousand one hundred eighty dollars
12($3,180). In addition to paying that application fee, the nonresident
13sterile compounding pharmacy shall deposit, when submitting the
14application, a reasonable amount, as determined by the board,
15necessary to cover the board’s estimated cost of performing the
16inspection required by Section 4127.2. If the required deposit is
17not submitted with the application, the application shall be deemed
18to be incomplete. If the actual cost of the inspection exceeds the
19amount deposited, the board shall provide to the applicant a written
20invoice for the remaining amount and shall not take action on the
21application until the full amount has been paid to the board. If the
22amount deposited exceeds the amount of actual and necessary
23costs incurred, the board shall remit the difference to the applicant.

begin insert

24
(w) The fee for the issuance of an outsourcing facility license
25shall be two thousand two hundred seventy dollars ($2,270) and
26may be increased to up to three thousand one hundred eighty
27dollars ($3,180) by the board. The fee for the renewal of an
28outsourcing facility license shall be one thousand three hundred
29twenty-five dollars ($1,325) and may be increased to up to one
30thousand eight hundred fifty-five dollars ($1,855) by the board.
31The fee for a temporary outsourcing facility license shall be seven
32hundred fifteen dollars ($715).

end insert
begin insert

33
(x) The fee for the issuance of a nonresident outsourcing facility
34license shall be two thousand three hundred eighty dollars ($2,380)
35and may be increased to up to three thousand three hundred
36thirty-five dollars ($3,335) by the board. The fee for the renewal
37of a nonresident outsourcing facility license shall be two thousand
38two hundred seventy dollars ($2,270) and may be increased to up
39to three thousand one hundred eighty dollars ($3,180) by the board.
40In addition to paying that application fee, the nonresident
P41   1outsourcing facility shall deposit, when submitting the application,
2a reasonable amount, as determined by the board, necessary to
3cover the board’s estimated cost of performing the inspection
4required by Section 4129.2. If the required deposit is not submitted
5with the application, the application shall be deemed to be
6incomplete. If the actual cost of the inspection exceeds the amount
7deposited, the board shall provide to the applicant a written invoice
8for the remaining amount and shall not take action on the
9application until the full amount has been paid to the board. If the
10amount deposited exceeds the amount of actual and necessary
11costs incurred, the board shall remit the difference to the applicant.

end insert
begin delete

12(w)

end delete

13begin insert(y)end insert The fee for the issuance of a centralized hospital packaging
14license shall be eight hundred twenty dollars ($820) and may be
15increased to one thousand one hundred fifty dollars ($1,150). The
16annual renewal of the license shall be eight hundred five dollars
17($805) and may be increased to one thousand one hundred
18twenty-five dollars ($1,125).

begin delete

19(x)

end delete

20begin insert(z)end insert This section shall become operative on July 1, 2017.

21

begin deleteSEC. 25.end delete
22
begin insertSEC. 28.end insert  

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

24

4830.  

(a) This chapter does not apply to:

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

29(2) Veterinarians holding a current, valid license in good
30standing in another state or country who provide assistance to a
31California licensed veterinarian and attend on a specific case. The
32California licensed veterinarian shall maintain a valid
33veterinarian-client-patient relationship. The veterinarian providing
34the assistance shall not establish a veterinarian-client-patient
35relationship with the client by attending the case or at a future time
36and shall not practice veterinary medicine, open an office, appoint
37a place to meet patients, communicate with clients who reside
38within the limits of this state, give orders, or have ultimate authority
39over the care or primary diagnosis of a patient that is located within
40this state.

P42   1(3) Veterinarians called into the state by a law enforcement
2agency or animal control agency pursuant to subdivision (b).

begin delete

3(4) Veterinarians employed by the University of California
4while engaged in the performance of duties in connection with the
5College of Agriculture, the Agricultural Experiment Station, the
6School of Veterinary Medicine, or the agricultural extension work
7of the university or employed by the Western University of Health
8Sciences while engaged in the performance of duties in connection
9with the College of Veterinary Medicine or the agricultural
10extension work of the university.

end delete
begin delete

31 11(5)

end delete

12begin insert(4)end insert Students in the School of Veterinary Medicine of the
13University of California or the College of Veterinary Medicine of
14the Western University of Health Sciences who participate in
15diagnosis and treatment as part of their educational experience,
16including those in off-campus educational programs under the
17direct supervision of a licensed veterinarian in good standing, as
18defined in paragraph (1) of subdivision (b) of Section 4848,
19appointed by the University of California, Davis, or the Western
20University of Health Sciences.

begin delete

P37 1 21(6)

end delete

22begin insert(5)end insert A veterinarian who is employed by the Meat and Poultry
23Inspection Branch of the California Department of Food and
24Agriculture while actually engaged and employed in his or her
25official capacity. A person exempt under this paragraph shall not
26otherwise engage in the practice of veterinary medicine unless he
27or she is issued a license by the board.

begin delete

7 28(7)

end delete

29begin insert(6)end insert Unlicensed personnel employed by the Department of Food
30and Agriculture or the United States Department of Agriculture
31when in the course of their duties they are directed by a veterinarian
32supervisor to conduct an examination, obtain biological specimens,
33apply biological tests, or administer medications or biological
34products as part of government disease or condition monitoring,
35investigation, control, or eradication activities.

36(b) (1) For purposes of paragraph (3) of subdivision (a), a
37regularly licensed veterinarian in good standing who is called from
38another state by a law enforcement agency or animal control
39agency, as defined in Section 31606 of the Food and Agricultural
40Code, to attend to cases that are a part of an investigation of an
P43   1alleged violation of federal or state animal fighting or animal
2cruelty laws within a single geographic location shall be exempt
3from the licensing requirements of this chapter if the law
4enforcement agency or animal control agency determines that it
5is necessary to call the veterinarian in order for the agency or
6officer to conduct the investigation in a timely, efficient, and
7effective manner. In determining whether it is necessary to call a
8veterinarian from another state, consideration shall be given to the
9availability of veterinarians in this state to attend to these cases.
10An agency, department, or officer that calls a veterinarian pursuant
11to this subdivision shall notify the board of the investigation.

12(2) Notwithstanding any other provision of this chapter, a
13regularly licensed veterinarian in good standing who is called from
14another state to attend to cases that are a part of an investigation
15described in paragraph (1) may provide veterinary medical care
16for animals that are affected by the investigation with a temporary
17shelter facility, and the temporary shelter facility shall be exempt
18from the registration requirement of Section 4853 if all of the
19following conditions are met:

20(A) The temporary shelter facility is established only for the
21purpose of the investigation.

22(B) The temporary shelter facility provides veterinary medical
23care, shelter, food, and water only to animals that are affected by
24the investigation.

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

26(D) The temporary shelter facility exists for not more than 60
27days, unless the law enforcement agency or animal control agency
28determines that a longer period of time is necessary to complete
29the investigation.

30(E) Within 30 calendar days upon completion of the provision
31of veterinary health care services at a temporary shelter facility
32established pursuant to this section, the veterinarian called from
33another state by a law enforcement agency or animal control agency
34to attend to a case shall file a report with the board. The report
35shall contain the date, place, type, and general description of the
36care provided, along with a listing of the veterinary health care
37practitioners who participated in providing that care.

38(c) For purposes of paragraph (3) of subdivision (a), the board
39may inspect temporary facilities established pursuant to this
40section.

P44   1

begin deleteSEC. 26.end delete
2
begin insertSEC. 29.end insert  

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

4

4999.  

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

16

begin deleteSEC. 27.end delete
17
begin insertSEC. 30.end insert  

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

19

begin deleteSEC. 28.end delete
20
begin insertSEC. 31.end insert  

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

22

4999.2.  

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

24(a) (1) Ensuring that all health care professionals who provide
25medical advice services are appropriately licensed, certified, or
26registered as a physician and surgeon pursuant to Chapter 5
27(commencing with Section 2000) or the Osteopathic Initiative Act,
28as a dentist, dental hygienist, dental hygienist in alternative
29practice, or dental hygienist in extended functions pursuant to
30Chapter 4 (commencing with Section 1600), as an occupational
31therapist pursuant to Chapter 5.6 (commencing with Section 2570),
32as a registered nurse pursuant to Chapter 6 (commencing with
33Section 2700), as a psychologist pursuant to Chapter 6.6
34(commencing with Section 2900), as a naturopathic doctor pursuant
35to Chapter 8.2 (commencing with Section 3610), as a marriage
36and family therapist pursuant to Chapter 13 (commencing with
37Section 4980), as a licensed clinical social worker pursuant to
38Chapter 14 (commencing with Section 4991), as a licensed
39professional clinical counselor pursuant to Chapter 16
40(commencing with Section 4999.10), as an optometrist pursuant
P45   1to Chapter 7 (commencing with Section 3000), or as a chiropractor
2pursuant to the Chiropractic Initiative Act, and operating consistent
3with the laws governing their respective scopes of practice in the
4state within which they provide telephone medical advice services,
5except as provided in subdivision (b).

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

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

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

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

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

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

30

begin deleteSEC. 29.end delete
31
begin insertSEC. 32.end insert  

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

33

begin deleteSEC. 30.end delete
34
begin insertSEC. 33.end insert  

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

36

begin deleteSEC. 31.end delete
37
begin insertSEC. 34.end insert  

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

P46   1

begin deleteSEC. 32.end delete
2
begin insertSEC. 35.end insert  

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

4

4999.5.  

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

8

begin deleteSEC. 33.end delete
9
begin insertSEC. 36.end insert  

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

11

begin deleteSEC. 34.end delete
12
begin insertSEC. 37.end insert  

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

14

7137.  

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

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

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

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

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

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

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

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

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

P47   1The renewal fee for an inactive license shall not be more than
2one hundred eighty dollars ($180).

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

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

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

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

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

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

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

20

begin deleteSEC. 35.end delete
21
begin insertSEC. 38.end insert  

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

23

7137.  

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

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

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

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

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

P48   1(5) The application fee to add personnel, other than a qualifying
2individual, to an existing license shall be one hundred dollars
3($100) and may be increased to not more than one hundred fifteen
4dollars ($115).

5(b) The fee for rescheduling an examination for an applicant
6who has applied for an original license, additional classification,
7a change of responsible managing officer, responsible managing
8manager, responsible managing member, or responsible managing
9employee, or for an asbestos certification or hazardous substance
10removal certification, shall not be more than seventy dollars ($70).

11(c) The fee for scheduling or rescheduling an examination for
12a licensee who is required to take the examination as a condition
13of probation shall not be more than seventy dollars ($70).

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

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

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

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

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

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

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

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

38(k) In addition to any other fees charged to C-10 and C-7
39contractors, the board may charge a fee not to exceed twenty dollars
P49   1($20), which shall be used by the board to enforce provisions of
2the Labor Code related to electrician certification.

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

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

9

begin deleteSEC. 36.end delete
10
begin insertSEC. 39.end insert  

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

12

7153.3.  

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

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

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

39The registrar may review and accept the petition of a person who
40disputes the abandonment of his or her renewal application upon
P50   1a showing of good cause. This petition shall be received within 90
2days of the date the application for renewal is deemed abandoned.

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

5

begin deleteSEC. 37.end delete
6
begin insertSEC. 40.end insert  

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

8

7153.3.  

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

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

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

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

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

P51   1

begin deleteSEC. 38.end delete
2
begin insertSEC. 41.end insert  

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

4

8516.  

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

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

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

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

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

38Reports shall be made available for inspection and reproduction
39to the executive officer of the board or his or her duly authorized
40representative during business hours. All inspection reports or
P52   1copies thereof shall be submitted to the board upon demand within
2two business days. The following shall be set forth in the report:

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

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

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

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

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

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

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

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

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

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

38(9) Indication or description of any areas that are inaccessible
39or not inspected with recommendation for further inspection if
40practicable. If, after the report has been made in compliance with
P53   1this section, authority is given later to open inaccessible areas, a
2supplemental report on conditions in these areas shall be made.

3(10) Recommendations for corrective measures.

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

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

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

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

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

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

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

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


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


P54   1(c) At the time a report is ordered, the registered company or
2licensee shall inform the person or entity ordering the report, that
3a separate report is available pursuant to this subdivision. If a
4separate report is requested at the time the inspection report is
5ordered, the registered company or licensee shall separately identify
6on the report each recommendation for corrective measures as
7follows:

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

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

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

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

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

P55   1(f) The report and any contract entered into shall also state
2specifically when any guarantee for the work is made, and if so,
3the specific terms of the guarantee and the period of time for which
4the guarantee shall be in effect. If a guarantee extends beyond three
5years, the registered company shall maintain all original inspection
6reports, field notes, activity forms, and notices of completion for
7the duration of the guarantee period and for one year after the
8guarantee expires.

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

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

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

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

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

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

37(D) The structures or buildings, or portions thereof, covered by
38the agreement, including a statement specifying whether the
39coverage for purposes of periodic inspections is limited or full.
P56   1Any exclusions from those described in the original report must
2be specifically listed.

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

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

6(G) Whether the fee includes structural repairs.

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

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

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

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

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

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

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

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

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

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

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

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

P57   1(i) All work recommended by a registered company, where an
2estimate or bid for making repairs was given with the original
3inspection report, or thereafter, shall be recorded on this report or
4a separate work agreement and shall specify a price for each
5recommendation. This information shall be provided to the person
6requesting the inspection, and shall be retained by the registered
7company with the inspection report copy for three years.

8

begin deleteSEC. 39.end delete
9
begin insertSEC. 42.end insert  

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

11

8518.  

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

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

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

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

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

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

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

P58   1

begin deleteSEC. 40.end delete
2
begin insertSEC. 43.end insert  

Section 1348.8 of the Health and Safety Code is
3amended to read:

4

1348.8.  

(a) A health care service plan that provides, operates,
5or contracts for telephone medical advice services to its enrollees
6and subscribers shall do all of the following:

7(1) Ensure that the in-state or out-of-state telephone medical
8advice service complies with the requirements of Chapter 15
9(commencing with Section 4999) of Division 2 of the Business
10and Professions Code.

11(2) Ensure that the staff providing telephone medical advice
12services for the in-state or out-of-state telephone medical advice
13service are licensed as follows:

14(A) For full service health care service plans, the staff hold a
15valid California license as a registered nurse or a valid license in
16the state within which they provide telephone medical advice
17services as a physician and surgeon or physician assistant, and are
18operating in compliance with the laws governing their respective
19scopes of practice.

20(B) (i) For specialized health care service plans providing,
21operating, or contracting with a telephone medical advice service
22in California, the staff shall be appropriately licensed, registered,
23or certified as a dentist pursuant to Chapter 4 (commencing with
24Section 1600) of Division 2 of the Business and Professions Code,
25as a dental hygienist pursuant to Article 7 (commencing with
26Section 1740) of Chapter 4 of Division 2 of the Business and
27Professions Code, as a physician and surgeon pursuant to Chapter
285 (commencing with Section 2000) of Division 2 of the Business
29and Professions Code or the Osteopathic Initiative Act, as a
30registered nurse pursuant to Chapter 6 (commencing with Section
312700) of Division 2 of the Business and Professions Code, as a
32psychologist pursuant to Chapter 6.6 (commencing with Section
332900) of Division 2 of the Business and Professions Code, as an
34optometrist pursuant to Chapter 7 (commencing with Section 3000)
35of Division 2 of the Business and Professions Code, as a marriage
36and family therapist pursuant to Chapter 13 (commencing with
37Section 4980) of Division 2 of the Business and Professions Code,
38as a licensed clinical social worker pursuant to Chapter 14
39(commencing with Section 4991) of Division 2 of the Business
40and Professions Code, as a professional clinical counselor pursuant
P59   1to Chapter 16 (commencing with Section 4999.10) of Division 2
2of the Business and Professions Code, or as a chiropractor pursuant
3to the Chiropractic Initiative Act, and operating in compliance
4with the laws governing their respective scopes of practice.

5(ii) For specialized health care service plans providing,
6 operating, or contracting with an out-of-state telephone medical
7advice service, the staff shall be health care professionals, as
8identified in clause (i), who are licensed, registered, or certified
9in the state within which they are providing the telephone medical
10advice services and are operating in compliance with the laws
11governing their respective scopes of practice. All registered nurses
12providing telephone medical advice services to both in-state and
13out-of-state business entities registered pursuant to this chapter
14shall be licensed pursuant to Chapter 6 (commencing with Section
152700) of Division 2 of the Business and Professions Code.

16(3) Ensure that every full service health care service plan
17provides for a physician and surgeon who is available on an on-call
18basis at all times the service is advertised to be available to
19enrollees and subscribers.

20(4) Ensure that staff members handling enrollee or subscriber
21calls, who are not licensed, certified, or registered as required by
22paragraph (2), do not provide telephone medical advice. Those
23staff members may ask questions on behalf of a staff member who
24is licensed, certified, or registered as required by paragraph (2),
25in order to help ascertain the condition of an enrollee or subscriber
26so that the enrollee or subscriber can be referred to licensed staff.
27However, under no circumstances shall those staff members use
28the answers to those questions in an attempt to assess, evaluate,
29advise, or make any decision regarding the condition of an enrollee
30or subscriber or determine when an enrollee or subscriber needs
31to be seen by a licensed medical professional.

32(5) Ensure that no staff member uses a title or designation when
33speaking to an enrollee or subscriber that may cause a reasonable
34person to believe that the staff member is a licensed, certified, or
35 registered professional described in Section 4999.2 of the Business
36and Professions Code unless the staff member is a licensed,
37certified, or registered professional.

38(6) Ensure that the in-state or out-of-state telephone medical
39advice service designates an agent for service of process in
40California and files this designation with the director.

P60   1(7) Require that the in-state or out-of-state telephone medical
2advice service makes and maintains records for a period of five
3years after the telephone medical advice services are provided,
4including, but not limited to, oral or written transcripts of all
5medical advice conversations with the health care service plan’s
6enrollees or subscribers in California and copies of all complaints.
7If the records of telephone medical advice services are kept out of
8state, the health care service plan shall, upon the request of the
9director, provide the records to the director within 10 days of the
10request.

11(8) Ensure that the telephone medical advice services are
12provided consistent with good professional practice.

13(b) The director shall forward to the Department of Consumer
14Affairs, within 30 days of the end of each calendar quarter, data
15regarding complaints filed with the department concerning
16telephone medical advice services.

17(c) For purposes of this section, “telephone medical advice”
18means a telephonic communication between a patient and a health
19care professional in which the health care professional’s primary
20function is to provide to the patient a telephonic response to the
21patient’s questions regarding his or her or a family member’s
22medical care or treatment. “Telephone medical advice” includes
23assessment, evaluation, or advice provided to patients or their
24family members.

25

begin deleteSEC. 41.end delete
26
begin insertSEC. 44.end insert  

Section 10279 of the Insurance Code is amended to
27read:

28

10279.  

(a) Every disability insurer that provides group or
29individual policies of disability, or both, that provides, operates,
30or contracts for, telephone medical advice services to its insureds
31shall do all of the following:

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

36(2) Ensure that the staff providing telephone medical advice
37services for the in-state or out-of-state telephone medical advice
38service hold a valid California license as a registered nurse or a
39valid license in the state within which they provide telephone
40medical advice services as a physician and surgeon or physician
P61   1assistant and are operating consistent with the laws governing their
2respective scopes of practice.

3(3) Ensure that a physician and surgeon is available on an on-call
4basis at all times the service is advertised to be available to
5enrollees and subscribers.

6(4) Ensure that the in-state or out-of-state telephone medical
7advice service designates an agent for service of process in
8California and files this designation with the commissioner.

9(5) Require that the in-state or out-of-state telephone medical
10advice service makes and maintains records for a period of five
11years after the telephone medical advice services are provided,
12including, but not limited to, oral or written transcripts of all
13medical advice conversations with the disability insurer’s insureds
14in California and copies of all complaints. If the records of
15telephone medical advice services are kept out of state, the insurer
16shall, upon the request of the director, provide the records to the
17director within 10 days of the request.

18(6) Ensure that the telephone medical advice services are
19provided consistent with good professional practice.

20(b) The commissioner shall forward to the Department of
21Consumer Affairs, within 30 days of the end of each calendar
22quarter, data regarding complaints filed with the department
23concerning telephone medical advice services.

24

begin deleteSEC. 42.end delete
25
begin insertSEC. 45.end insert  

No reimbursement is required by this act pursuant to
26Section 6 of Article XIII B of the California Constitution because
27the only costs that may be incurred by a local agency or school
28district will be incurred because this act creates a new crime or
29infraction, eliminates a crime or infraction, or changes the penalty
30for a crime or infraction, within the meaning of Section 17556 of
31the Government Code, or changes the definition of a crime within
32the meaning of Section 6 of Article XIII B of the California
33Constitution.



O

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