Amended in Assembly August 25, 2016

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 Sections 655, 1944, 2733,begin delete 2746.51,end delete 2786.5, 2811, 2811.5, 2815, 2815.5, 2816, 2830.7, 2836.3, 2838.2, 4128.2, 4830, 4999, 4999.2, 8516, and 8518 of, to amend, repeal, and add Sections 4400, 7137, and 7153.3 of, to add Sections 2746.53 and 3030 to, 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.

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.

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

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.

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.

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.

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.

(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, including regularly licensed veterinarians in actual consultation from other states, regularly licensed veterinarians actually called from other states to attend cases in this state who do not open an office or appoint a place to do business within the state, or veterinarians employed by the University of California or the Western University of Health Sciences while engaged in the performance of specified duties.

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

(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.

6

SEC. 2.  

Section 655 of the Business and Professions Code is
7amended to read:

8

655.  

(a) For the purposes of this section, the following terms
9have the following meanings:

10(1) “Health plan” means a health care service plan licensed
11pursuant to the Knox-Keene Health Care Service Plan Act of 1975
P7    1(Chapter 2.2 (commencing with Section 1340) of Division 2 of
2the Health and Safety Code).

3(2) “Optical company” means a person or entity that is engaged
4in the manufacture, sale, or distribution to physicians and surgeons,
5optometrists, health plans, or dispensing opticians of lenses, frames,
6optical supplies, or optometric appliances or devices or kindred
7products.

8(3) “Optometrist” means a person licensed pursuant to Chapter
97 (commencing with Section 3000) or an optometric corporation,
10as described in Section 3160.

11(4) “Registered dispensing optician” means a person licensed
12pursuant to Chapter 5.5 (commencing with Section 2550).

13(5) “Therapeutic ophthalmic product” means lenses or other
14products that provide direct treatment of eye disease or visual
15rehabilitation for diseased eyes.

16(b) No optometrist may have any membership, proprietary
17interest, coownership, or any profit-sharing arrangement, either
18by stock ownership, interlocking directors, trusteeship, mortgage,
19or trust deed, with any registered dispensing optician or any optical
20company, except as otherwise permitted under this section.

21(c) (1) A registered dispensing optician or an optical company
22may operate, own, or have an ownership interest in a health plan
23so long as the health plan does not directly employ optometrists
24to provide optometric services directly to enrollees of the health
25plan, and may directly or indirectly provide products and services
26to the health plan or its contracted providers or enrollees or to other
27optometrists. For purposes of this section, an optometrist may be
28employed by a health plan as a clinical director for the health plan
29pursuant to Section 1367.01 of the Health and Safety Code or to
30perform services related to utilization management or quality
31assurance or other similar related services that do not require the
32optometrist to directly provide health care services to enrollees.
33In addition, an optometrist serving as a clinical director may not
34employ optometrists to provide health care services to enrollees
35of the health plan for which the optometrist is serving as clinical
36director. For the purposes of this section, the health plan’s
37utilization management and quality assurance programs that are
38consistent with the Knox-Keene Health Care Service Plan Act of
391975 (Chapter 2.2 (commencing with Section 1340) of Division
P8    12 of the Health and Safety Code) do not constitute providing health
2care services to enrollees.

3(2) The registered dispensing optician or optical company shall
4not interfere with the professional judgment of the optometrist.

5(3) The Department of Managed Health Care shall forward to
6the State Board of Optometry any complaints received from
7consumers that allege that an optometrist violated the Optometry
8Practice Act (Chapter 7 (commencing with Section 3000)). The
9Department of Managed Health Care and the State Board of
10Optometry shall enter into an Inter-Agency Agreement regarding
11the sharing of information related to the services provided by an
12optometrist that may be in violation of the Optometry Practice Act
13that the Department of Managed Health Care encounters in the
14course of the administration of the Knox-Keene Health Care
15Service Plan Act of 1975 (Chapter 2.2 (commencing with Section
161340) of Division 2 of the Health and Safety Code).

17(d) An optometrist, a registered dispensing optician, an optical
18company, or a health plan may execute a lease or other written
19agreement giving rise to a direct or indirect landlord-tenant
20relationship with an optometrist, if all of the following conditions
21are contained in a written agreement establishing the
22landlord-tenant relationship:

23(1) (A) The practice shall be owned by the optometrist and in
24every phase be under the optometrist’s exclusive control, including
25the selection and supervision of optometric staff, the scheduling
26of patients, the amount of time the optometrist spends with patients,
27fees charged for optometric products and services, the examination
28procedures and treatment provided to patients and the optometrist’s
29contracting with managed care organizations.

30(B) Subparagraph (A) shall not preclude a lease from including
31commercially reasonable terms that: (i) require the provision of
32optometric services at the leased space during certain days and
33hours, (ii) restrict the leased space from being used for the sale or
34offer for sale of spectacles, frames, lenses, contact lenses, or other
35ophthalmic products, except that the optometrist shall be permitted
36to sell therapeutic ophthalmic products if the registered dispensing
37optician, health plan, or optical company located on or adjacent
38to the optometrist’s leased space does not offer any substantially
39similar therapeutic ophthalmic products for sale, (iii) require the
40optometrist to contract with a health plan network, health plan, or
P9    1health insurer, or (iv) permit the landlord to directly or indirectly
2provide furnishings and equipment in the leased space.

3(2) The optometrist’s records shall be the sole property of the
4optometrist. Only the optometrist and those persons with written
5authorization from the optometrist shall have access to the patient
6records and the examination room, except as otherwise provided
7by law.

8(3) The optometrist’s leased space shall be definite and distinct
9from space occupied by other occupants of the premises, have a
10sign designating that the leased space is occupied by an
11independent optometrist or optometrists and be accessible to the
12optometrist after hours or in the case of an emergency, subject to
13the facility’s general accessibility. This paragraph shall not require
14a separate entrance to the optometrist’s leased space.

15(4) All signs and displays shall be separate and distinct from
16that of the other occupants and shall have the optometrist's name
17and the word “optometrist” prominently displayed in connection
18therewith. This paragraph shall not prohibit the optometrist from
19advertising the optometrist’s practice location with reference to
20other occupants or prohibit the optometrist or registered dispensing
21optician from advertising their participation in any health plan’s
22network or the health plan’s products in which the optometrist or
23registered dispensing optician participates.

24(5) There shall be no signs displayed on any part of the premises
25or in any advertising indicating that the optometrist is employed
26or controlled by the registered dispensing optician, health plan or
27optical company.

28(6) Except for a statement that an independent doctor of
29optometry is located in the leased space, in-store pricing signs and
30as otherwise permitted by this subdivision, the registered
31dispensing optician or optical company shall not link its advertising
32with the optometrist's name, practice, or fees.

33(7) Notwithstanding paragraphs (4) and (6), this subdivision
34shall not preclude a health plan from advertising its health plan
35products and associated premium costs and any copayments,
36coinsurance, deductibles, or other forms of cost sharing, or the
37names and locations of the health plan’s providers, including any
38optometrists or registered dispensing opticians that provide
39professional services, in compliance with the Knox-Keene Health
P10   1Care Service Plan Act of 1975 (Chapter 2.2 (commencing with
2Section 1340) of Division 2 of the Health and Safety Code).

3(8) A health plan that advertises its products and services in
4accordance with paragraph (7) shall not advertise the optometrist’s
5fees for products and services that are not included in the health
6plan’s contract with the optometrist.

7(9) The optometrist shall not be precluded from collecting fees
8for services that are not included in a health plan’s products and
9services, subject to any patient disclosure requirements contained
10in the health plan’s provider agreement with the optometrist or
11that are not otherwise prohibited by the Knox-Keene Health Care
12Service Plan Act of 1975 (Chapter 2.2 (commencing with Section
131340) of Division 2 of the Health and Safety Code).

14(10) The term of the lease shall be no less than one year and
15shall not require the optometrist to contract exclusively with a
16health plan. The optometrist may terminate the lease according to
17the terms of the lease. The landlord may terminate the lease for
18the following reasons:

19(A) The optometrist’s failure to maintain a license to practice
20optometry or the imposition of restrictions, suspension or
21revocation of the optometrist’s license or if the optometrist or the
22optometrist’s employee is or becomes ineligible to participate in
23state or federal government-funded programs.

24(B) Termination of any underlying lease where the optometrist
25has subleased space, or the optometrist’s failure to comply with
26the underlying lease provisions that are made applicable to the
27optometrist.

28(C) If the health plan is the landlord, the termination of the
29provider agreement between the health plan and the optometrist,
30in accordance with the Knox-Keene Health Care Service Plan Act
31of 1975 (Chapter 2.2 (commencing with Section 1340) of Division
322 of the Health and Safety Code).

33(D) Other reasons pursuant to the terms of the lease or permitted
34under the Civil Code.

35(11) The landlord shall act in good faith in terminating the lease
36and in no case shall the landlord terminate the lease for reasons
37that constitute interference with the practice of optometry.

38(12) Lease or rent terms and payments shall not be based on
39number of eye exams performed, prescriptions written, patient
P11   1referrals or the sale or promotion of the products of a registered
2dispensing optician or an optical company.

3(13) The landlord shall not terminate the lease solely because
4of a report, complaint, or allegation filed by the optometrist against
5the landlord, a registered dispensing optician or a health plan, to
6the State Board of Optometry or the Department of Managed
7Health Care or any law enforcement or regulatory agency.

8(14) The landlord shall provide the optometrist with written
9notice of the scheduled expiration date of a lease at least 60 days
10prior to the scheduled expiration date. This notice obligation shall
11not affect the ability of either party to terminate the lease pursuant
12to this section. The landlord may not interfere with an outgoing
13optometrist’s efforts to inform the optometrist’s patients, in
14accordance with customary practice and professional obligations,
15of the relocation of the optometrist's practice.

16(15) The State Board of Optometry may inspect, upon request,
17an individual lease agreement pursuant to its investigational
18authority, and if such a request is made, the landlord or tenant, as
19applicable, shall promptly comply with the request. Failure or
20refusal to comply with the request for lease agreements within 30
21days of receiving the request constitutes unprofessional conduct
22and is grounds for disciplinary action by the appropriate regulatory
23 agency. This section shall not affect the Department of Managed
24Health Care’s authority to inspect all books and records of a health
25plan pursuant to Section 1381 of the Health and Safety Code.

26Any financial information contained in the lease submitted to a
27regulatory entity, pursuant to this paragraph, shall be considered
28confidential trade secret information that is exempt from disclosure
29under the California Public Records Act (Chapter 3.5 (commencing
30with Section 6250) of Division 7 of Title 1 of the Government
31Code).

32(16) This subdivision shall not be applicable to the relationship
33between any optometrist employee and the employer medical
34group, or the relationship between a medical group exclusively
35contracted with a health plan regulated by the Department of
36Managed Health Care and that health plan.

37(e) No registered dispensing optician may have any membership,
38proprietary interest, coownership, or profit-sharing arrangement
39either by stock ownership, interlocking directors, trusteeship,
P12   1mortgage, or trust deed, with an optometrist, except as permitted
2under this section.

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

10(g) Any violation of this section constitutes a misdemeanor as
11to such person licensed under Chapter 7 (commencing with Section
123000) of this division and as to any and all persons, whether or
13not so licensed under this division, who participate with such
14licensed person in a violation of any provision of this section.

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

24(A) The gravity of the violation.

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

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

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

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

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

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

35(2) A citation or fine assessment issued pursuant to a citation
36shall inform the cited person or entity that if a hearing is desired
37to contest the finding of a violation, that hearing shall be requested
38by written notice to the board within 30 days of the date of issuance
39of the citation or assessment. If a hearing is not requested pursuant
40to this section, payment of any fine shall not constitute an
P13   1admission of the violation charged. Hearings shall be held pursuant
2to Chapter 5 (commencing with Section 11500) of Part 1 of
3Division 3 of Title 2 of the Government Code.

4(3) The board shall adopt regulations to implement a system for
5the issuance of citations, administrative fines, and orders of
6abatement authorized by this section. The regulations shall include
7provisions for both of the following:

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

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

12(4) The failure of a licensee to pay a fine within 30 days of the
13date of assessment, unless the citation is being appealed, may result
14in disciplinary action being taken by the board. Where a citation
15is not contested and a fine is not paid, the full amount of the
16assessed fine shall be added to the fee for renewal of the license.
17A license shall not be renewed without payment of the renewal
18fee and fine.

19(5) Notwithstanding any other law, if a fine is paid to satisfy an
20assessment based on the finding of a violation, payment of the fine
21shall be represented as satisfactory resolution of the matter for
22purposes of public disclosure.

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

27

SEC. 3.  

Section 1944 of the Business and Professions Code is
28amended to read:

29

1944.  

(a) The committee shall establish by resolution the
30amount of the fees that relate to the licensing of a registered dental
31hygienist, a registered dental hygienist in alternative practice, and
32a registered dental hygienist in extended functions. The fees
33established by board resolution in effect on June 30, 2009, as they
34relate to the licensure of registered dental hygienists, registered
35dental hygienists in alternative practice, and registered dental
36hygienists in extended functions, shall remain in effect until
37modified by the committee. The fees are subject to the following
38limitations:

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

SEC. 4.  

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

37

SEC. 5.  

Section 2546.9 is added to the Business and Professions
38Code
, 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

SEC. 6.  

Section 2565 of the Business and Professions Code is
25repealed.

26

SEC. 7.  

Section 2565 is added to the Business and Professions
27Code
, to read:

28

2565.  

The amount of fees prescribed in connection with the
29registration of dispensing opticians shall be as set forth in this
30section.

31(a) The application fee for registration shall be a minimum of
32one hundred fifty dollars ($150) and shall not exceed two hundred
33dollars ($200).

34(b) The initial registration fee shall be a minimum of two
35hundred dollars ($200) and shall not exceed three hundred dollars
36($300).

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

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

P17   1(e) The fee for replacement of a lost, stolen, or destroyed
2certificate shall be twenty-five dollars ($25).

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

7

SEC. 8.  

Section 2566 of the Business and Professions Code is
8repealed.

9

SEC. 9.  

Section 2566 is added to the Business and Professions
10Code
, to read:

11

2566.  

The amount of fees prescribed in connection with
12certificates for contact lens dispensers is as follows:

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

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

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

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

24(e) The division may by regulation provide for a refund of a
25portion of the application fee to applicants who do not meet the
26requirements for registration.

27(f) The State Board of Optometry may periodically revise and
28fix by regulation the fees specified in subdivisions (a), (b), (c), and
29(d), and these revised fees shall not exceed the reasonable
30regulatory cost.

31(g) The fee for replacement of a lost, stolen, or destroyed
32certificate is twenty-five dollars ($25).

33

SEC. 10.  

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

35

SEC. 11.  

Section 2566.1 is added to the Business and
36Professions Code
, to read:

37

2566.1.  

The amount of fees prescribed in connection with
38certificates for spectacle lens dispensers shall be as set forth in this
39section:

P18   1(a) The application for registration fee shall be a minimum of
2one hundred fifty dollars ($150) and shall not exceed two hundred
3dollars ($200).

4(b) The initial registration fee shall be a minimum of two
5hundred dollars ($200) and shall not exceed three hundred dollars
6($300).

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

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

11(e) The fee for replacement of a lost, stolen, or destroyed
12certificate is twenty-five dollars ($25).

13(f) The State Board of Optometry may periodically revise and
14fix by regulation the fees specified in subdivisions (a), (b), (c), and
15(d), and these revised fees shall not exceed the reasonable
16regulatory cost.

17

SEC. 12.  

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

19

2733.  

(a) (1) (A) Upon approval of an application filed
20pursuant to subdivision (b) of Section 2732.1, and upon the
21payment of the fee prescribed by subdivision (k) of Section 2815,
22the board may issue a temporary license to practice professional
23nursing, and a temporary certificate to practice as a certified public
24health nurse for a period of six months from the date of issuance.

25(B) Upon approval of an application filed pursuant to
26subdivision (b) of Section 2732.1, and upon the payment of the
27fee prescribed by subdivision (d) of Section 2838.2, the board may
28issue a temporary certificate to practice as a certified clinical nurse
29specialist for a period of six months from the date of issuance.

30(C) Upon approval of an application filed pursuant to
31subdivision (b) of Section 2732.1, and upon the payment of the
32fee prescribed by subdivision (e) of Section 2815.5, the board may
33issue a temporary certificate to practice as a certified nurse-midwife
34for a period of six months from the date of issuance.

35(D) Upon approval of an application filed pursuant to
36subdivision (b) of Section 2732.1, and upon the payment of the
37fee prescribed by subdivision (d) of Section 2830.7, the board may
38issue a temporary certificate to practice as a certified nurse
39anesthetist for a period of six months from the date of issuance.

P19   1(E) Upon approval of an application filed pursuant to subdivision
2(b) of Section 2732.1, and upon the payment of the fee prescribed
3by subdivision (p) of Section 2815, the board may issue a
4 temporary certificate to practice as a certified nurse practitioner
5for a period of six months from the date of issuance.

6(2) A temporary license or temporary certificate shall terminate
7upon notice thereof by certified mail, return receipt requested, if
8it is issued by mistake or if the application for permanent licensure
9is denied.

10(b) Upon written application, the board may reissue a temporary
11license or temporary certificate to any person who has applied for
12a regular renewable license pursuant to subdivision (b) of Section
132732.1 and who, in the judgment of the board has been excusably
14delayed in completing his or her application for or the minimum
15requirements for a regular renewable license, but the board may
16not reissue a temporary license or temporary certificate more than
17twice to any one person.

begin delete
18

SEC. 13.  

Section 2746.51 of the Business and Professions
19Code
is amended to read:

20

2746.51.  

(a) Neither this chapter nor any other provision of
21law shall be construed to prohibit a certified nurse-midwife from
22furnishing or ordering drugs or devices, including controlled
23substances classified in Schedule II, III, IV, or V under the
24California Uniform Controlled Substances Act (Division 10
25(commencing with Section 11000) of the Health and Safety Code),
26when all of the following apply:

27(1) The drugs or devices are furnished or ordered incidentally
28to the provision of any of the following:

29(A) Family planning services, as defined in Section 14503 of
30the Welfare and Institutions Code.

31(B) Routine health care or perinatal care, as defined in
32subdivision (d) of Section 123485 of the Health and Safety Code.

33(C) Care rendered, consistent with the certified nurse-midwife’s
34educational preparation or for which clinical competency has been
35established and maintained, to persons within a facility specified
36in subdivision (a), (b), (c), (d), (i), or (j) of Section 1206 of the
37Health and Safety Code, a clinic as specified in Section 1204 of
38the Health and Safety Code, a general acute care hospital as defined
39in subdivision (a) of Section 1250 of the Health and Safety Code,
40a licensed birth center as defined in Section 1204.3 of the Health
P20   1and Safety Code, or a special hospital specified as a maternity
2hospital in subdivision (f) of Section 1250 of the Health and Safety
3Code.

4(2) The drugs or devices are furnished or ordered by a certified
5nurse-midwife in accordance with standardized procedures or
6protocols. For purposes of this section, standardized procedure
7means a document, including protocols, developed and approved
8by the supervising physician and surgeon, the certified
9nurse-midwife, and the facility administrator or his or her designee.
10The standardized procedure covering the furnishing or ordering
11of drugs or devices shall specify all of the following:

12(A) Which certified nurse-midwife may furnish or order drugs
13or devices.

14(B) Which drugs or devices may be furnished or ordered and
15under what circumstances.

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

17(D) The method of periodic review of the certified
18nurse-midwife’s competence, including peer review, and review
19of the provisions of the standardized procedure.

20(3) If Schedule II or III controlled substances, as defined in
21Sections 11055 and 11056 of the Health and Safety Code, are
22furnished or ordered by a certified nurse-midwife, the controlled
23substances shall be furnished or ordered in accordance with a
24patient-specific protocol approved by the treating or supervising
25physician and surgeon. For Schedule II controlled substance
26protocols, the provision for furnishing the Schedule II controlled
27substance shall address the diagnosis of the illness, injury, or
28condition for which the Schedule II controlled substance is to be
29furnished.

30(4) The furnishing or ordering of drugs or devices by a certified
31nurse-midwife occurs under physician and surgeon supervision.
32For purposes of this section, no physician and surgeon shall
33supervise more than four certified nurse-midwives at one time.
34Physician and surgeon supervision shall not be construed to require
35the physical presence of the physician, but does include all of the
36following:

37(A) Collaboration on the development of the standardized
38procedure or protocol.

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

P21   1(C) Availability by telephonic contact at the time of patient
2examination by the certified nurse-midwife.

3(b) (1) The furnishing or ordering of drugs or devices by a
4certified nurse-midwife is conditional on the issuance by the board
5of a number to the applicant who has successfully completed the
6requirements of paragraph (2). The number shall be included on
7all transmittals of orders for drugs or devices by the certified
8nurse-midwife. The board shall maintain a list of the certified
9nurse-midwives that it has certified pursuant to this paragraph and
10the number it has issued to each one. The board shall make the list
11available to the California State Board of Pharmacy upon its
12request. Every certified nurse-midwife who is authorized pursuant
13to this section to furnish or issue a drug order for a controlled
14substance shall register with the United States Drug Enforcement
15Administration.

16(2) The board has certified in accordance with paragraph (1)
17that the certified nurse-midwife has satisfactorily completed a
18course in pharmacology covering the drugs or devices to be
19furnished or ordered under this section. The board shall establish
20the requirements for satisfactory completion of this paragraph.

21(3) A physician and surgeon may determine the extent of
22supervision necessary pursuant to this section in the furnishing or
23ordering of drugs and devices.

24(4) A copy of the standardized procedure or protocol relating
25to the furnishing or ordering of controlled substances by a certified
26nurse-midwife shall be provided upon request to any licensed
27pharmacist who is uncertain of the authority of the certified
28nurse-midwife to perform these functions.

29(5) Certified nurse-midwives who are certified by the board and
30hold an active furnishing number, who are currently authorized
31through standardized procedures or protocols to furnish Schedule
32II controlled substances, and who are registered with the United
33States Drug Enforcement Administration shall provide
34documentation of continuing education specific to the use of
35Schedule II controlled substances in settings other than a hospital
36based on standards developed by the board.

37(c) Drugs or devices furnished or ordered by a certified
38nurse-midwife may include Schedule II controlled substances
39under the California Uniform Controlled Substances Act (Division
P22   110 (commencing with Section 11000) of the Health and Safety
2Code) under the following conditions:

3(1) The drugs and devices are furnished or ordered in accordance
4with requirements referenced in paragraphs (2) to (4), inclusive,
5of subdivision (a) and in paragraphs (1) to (3), inclusive, of
6 subdivision (b).

7(2) When Schedule II controlled substances, as defined in
8Section 11055 of the Health and Safety Code, are furnished or
9ordered by a certified nurse-midwife, the controlled substances
10shall be furnished or ordered in accordance with a patient-specific
11protocol approved by the treating or supervising physician and
12surgeon.

13(d) Furnishing of drugs or devices by a certified nurse-midwife
14means the act of making a pharmaceutical agent or agents available
15to the patient in strict accordance with a standardized procedure
16or protocol. Use of the term “furnishing” in this section shall
17include the following:

18(1) The ordering of a drug or device in accordance with the
19standardized procedure or protocol.

20(2) Transmitting an order of a supervising physician and
21surgeon.

22(e) “Drug order” or “order” for purposes of this section means
23an order for medication or for a drug or device that is dispensed
24to or for an ultimate user, issued by a certified nurse-midwife as
25an individual practitioner, within the meaning of Section 1306.03
26of Title 21 of the Code of Federal Regulations. Notwithstanding
27any other provision of law, (1) a drug order issued pursuant to this
28section shall be treated in the same manner as a prescription of the
29supervising physician; (2) all references to “prescription” in this
30code and the Health and Safety Code shall include drug orders
31issued by certified nurse-midwives; and (3) the signature of a
32certified nurse-midwife on a drug order issued in accordance with
33this section shall be deemed to be the signature of a prescriber for
34purposes of this code and the Health and Safety Code.

end delete
35

begin deleteSEC. 14.end delete
36
begin insertSEC. 13.end insert  

Section 2746.53 is added to the Business and
37Professions Code
, to read:

38

2746.53.  

The board may charge the applicant a fee to cover all
39necessary costs to implement Section 2746.51, that shall be not
40less than four hundred dollars ($400) nor more than one thousand
P23   1five hundred dollars ($1,500) for an initial application, nor less
2than one hundred fifty dollars ($150) nor more than one thousand
3dollars ($1,000) for an application for renewal. The board may
4charge a penalty fee for failure to renew a furnishing number within
5the prescribed time that shall be not less than seventy-five dollars
6($75) nor more than five hundred dollars ($500).

7

begin deleteSEC. 15.end delete
8
begin insertSEC. 14.end insert  

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

10

2786.5.  

(a) An institution of higher education or a private
11postsecondary school of nursing approved by the board pursuant
12to subdivision (b) of Section 2786 shall remit to the board for
13deposit in the Board of Registered Nursing Fund the following
14fees, in accordance with the following schedule:

15(1) The fee for approval of a school of nursing shall be fixed
16by the board at not less than forty thousand dollars ($40,000) nor
17more than eighty thousand dollars ($80,000).

18(2) The fee for continuing approval of a nursing program
19established after January 1, 2013, shall be fixed by the board at
20not less than fifteen thousand dollars ($15,000) nor more than
21thirty thousand dollars ($30,000).

22(3) The processing fee for authorization of a substantive change
23to an approval of a school of nursing shall be fixed by the board
24at not less than two thousand five hundred dollars ($2,500) nor
25more than five thousand dollars ($5,000).

26(b) If the board determines that the annual cost of providing
27oversight and review of a school of nursing, as required by this
28article, is less than the amount of any fees required to be paid by
29that institution pursuant to this article, the board may decrease the
30fees applicable to that institution to an amount that is proportional
31to the board’s costs associated with that institution.

32

begin deleteSEC. 16.end delete
33
begin insertSEC. 15.end insert  

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

35

2811.  

(a) Each person holding a regular renewable license
36under this chapter, whether in an active or inactive status, shall
37apply for a renewal of his or her license and pay the biennial
38renewal fee required by this chapter each two years on or before
39the last day of the month following the month in which his or her
40birthday occurs, beginning with the second birthday following the
P24   1date on which the license was issued, whereupon the board shall
2renew the license.

3(b) Each such license not renewed in accordance with this
4section shall expire but may within a period of eight years
5thereafter be reinstated upon payment of the fee required by this
6chapter and upon submission of such proof of the applicant’s
7qualifications as may be required by the board, except that during
8such eight-year period no examination shall be required as a
9condition for the reinstatement of any such expired license which
10has lapsed solely by reason of nonpayment of the renewal fee.
11After the expiration of such eight-year period the board may require
12as a condition of reinstatement that the applicant pass such
13examination as it deems necessary to determine his present fitness
14to resume the practice of professional nursing.

15(c) A license in an inactive status may be restored to an active
16status if the licensee meets the continuing education standards of
17Section 2811.5.

18

begin deleteSEC. 17.end delete
19
begin insertSEC. 16.end insert  

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

21

2811.5.  

(a) Each person renewing his or her license under
22Section 2811 shall submit proof satisfactory to the board that,
23during the preceding two-year period, he or she has been informed
24of the developments in the registered nurse field or in any special
25area of practice engaged in by the licensee, occurring since the
26last renewal thereof, either by pursuing a course or courses of
27continuing education in the registered nurse field or relevant to
28the practice of the licensee, and approved by the board, or by other
29means deemed equivalent by the board.

30(b) For purposes of this section, the board shall, by regulation,
31establish standards for continuing education. The standards shall
32be established in a manner to ensure that a variety of alternative
33forms of continuing education are available to licensees, including,
34but not limited to, academic studies, in-service education, institutes,
35seminars, lectures, conferences, workshops, extension studies, and
36home study programs. The standards shall take cognizance of
37specialized areas of practice, and content shall be relevant to the
38practice of nursing and shall be related to the scientific knowledge
39or technical skills required for the practice of nursing or be related
40to direct or indirect patient or client care. The continuing education
P25   1standards established by the board shall not exceed 30 hours of
2direct participation in a course or courses approved by the board,
3or its equivalent in the units of measure adopted by the board.

4(c) The board shall audit continuing education providers at least
5once every five years to ensure adherence to regulatory
6requirements, and shall withhold or rescind approval from any
7provider that is in violation of the regulatory requirements.

8(d) The board shall encourage continuing education in spousal
9or partner abuse detection and treatment. In the event the board
10establishes a requirement for continuing education coursework in
11spousal or partner abuse detection or treatment, that requirement
12shall be met by each licensee within no more than four years from
13the date the requirement is imposed.

14(e) In establishing standards for continuing education, the board
15shall consider including a course in the special care needs of
16individuals and their families facing end-of-life issues, including,
17but not limited to, all of the following:

18(1) Pain and symptom management.

19(2) The psycho-social dynamics of death.

20(3) Dying and bereavement.

21(4) Hospice care.

22(f) In establishing standards for continuing education, the board
23may include a course on pain management.

24(g) This section shall not apply to licensees during the first two
25years immediately following their initial licensure in California
26or any other governmental jurisdiction.

27(h) The board may, in accordance with the intent of this section,
28make exceptions from continuing education requirements for
29licensees residing in another state or country, or for reasons of
30health, military service, or other good cause.

31

begin deleteSEC. 18.end delete
32
begin insertSEC. 17.end insert  

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

34

2815.  

Subject to the provisions of Section 128.5, the amount
35of the fees prescribed by this chapter in connection with the
36issuance of licenses for registered nurses under its provisions is
37that fixed by the following schedule:

38(a) (1) The fee to be paid upon the filing by a graduate of an
39approved school of nursing in this state of an application for a
40licensure by examination shall be fixed by the board at not less
P26   1than three hundred dollars ($300) nor more than one thousand
2dollars ($1,000).

3(2) The fee to be paid upon the filing by a graduate of a school
4of nursing in another state, district, or territory of the United States
5of an application for a licensure by examination shall be fixed by
6the board at not less than three hundred fifty dollars ($350) nor
7more than one thousand dollars ($1,000).

8(3) The fee to be paid upon the filing by a graduate of a school
9of nursing in another country of an application for a licensure by
10examination shall be fixed by the board at not less than seven
11hundred fifty dollars ($750) nor more than one thousand five
12hundred dollars ($1,500).

13(4) The fee to be paid upon the filing of an application for
14licensure by a repeat examination shall be fixed by the board at
15not less than two hundred fifty dollars ($250) and not more than
16one thousand dollars ($1,000).

17(b) The fee to be paid for taking each examination shall be the
18actual cost to purchase an examination from a vendor approved
19by the board.

20(c) (1) The fee to be paid for application by a person who is
21licensed or registered as a nurse in another state, district, or territory
22of the United States for licensure by endorsement shall be fixed
23by the board at not less than three hundred fifty dollars ($350) nor
24more than one thousand dollars ($1,000).

25(2) The fee to be paid for application by a person who is licensed
26or registered as a nurse in another country for licensure by
27endorsement 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(d) (1) The biennial fee to be paid upon the filing of an
31application for renewal of the license shall be not less than one
32hundred eighty dollars ($180) nor more than seven hundred fifty
33dollars ($750). In addition, an assessment of ten dollars ($10) shall
34be collected and credited to the Registered Nurse Education Fund,
35pursuant to Section 2815.1.

36(2) The fee to be paid upon the filing of an application for
37reinstatement pursuant to subdivision (b) of Section 2811 shall be
38not less than three hundred fifty dollars ($350) nor more than one
39thousand dollars ($1,000).

P27   1(e) The penalty fee for failure to renew a license within the
2prescribed time shall be fixed by the board at not more than 50
3percent of the regular renewal fee, but not less than ninety dollars
4($90) nor more than three hundred seventy-five dollars ($375).

5(f) The fee to be paid for approval of a continuing education
6provider shall be fixed by the board at not less than five hundred
7dollars ($500) nor more than one thousand dollars ($1,000).

8(g) The biennial fee to be paid upon the filing of an application
9for renewal of provider approval shall be fixed by the board at not
10less than seven hundred fifty dollars ($750) nor more than one
11thousand dollars ($1,000).

12(h) The penalty fee for failure to renew provider approval within
13the prescribed time shall be fixed at not more than 50 percent of
14the regular renewal fee, but not less than one hundred twenty-five
15dollars ($125) nor more than five hundred dollars ($500).

16(i) The penalty for submitting insufficient funds or fictitious
17check, draft or order on any bank or depository for payment of
18any fee to the board shall be fixed at not less than fifteen dollars
19($15) nor more than thirty dollars ($30).

20(j) The fee to be paid for an interim permit shall be fixed by the
21board at not less than one hundred dollars ($100) nor more than
22two hundred fifty dollars ($250).

23(k) The fee to be paid for a temporary license shall be fixed by
24the board at not less than one hundred dollars ($100) nor more
25than two hundred fifty dollars ($250).

26(l) The fee to be paid for processing endorsement papers to other
27states shall be fixed by the board at not less than one hundred
28dollars ($100) nor more than two hundred dollars ($200).

29(m) The fee to be paid for a certified copy of a school transcript
30shall be fixed by the board at not less than fifty dollars ($50) nor
31more than one hundred dollars ($100).

32(n) (1) The fee to be paid for a duplicate pocket license shall
33be fixed by the board at not less than fifty dollars ($50) nor more
34than seventy-five dollars ($75).

35(2) The fee to be paid for a duplicate wall certificate shall be
36fixed by the board at not less than sixty dollars ($60) nor more
37than one hundred dollars ($100).

38(o) (1) The fee to be paid by a registered nurse for an evaluation
39of his or her qualifications to use the title “nurse practitioner” shall
P28   1be fixed by the board at not less than five hundred dollars ($500)
2nor more than one thousand five hundred dollars ($1,500).

3(2) The fee to be paid by a registered nurse for a temporary
4certificate to practice as a nurse practitioner shall be fixed by the
5board at not less than one hundred fifty dollars ($150) nor more
6than five hundred dollars ($500).

7(3) The fee to be paid upon the filing of an application for
8renewal of a certificate to practice as a nurse practitioner shall be
9not less than one hundred fifty dollars ($150) nor more than one
10thousand dollars ($1,000).

11(4) The penalty fee for failure to renew a certificate to practice
12as a nurse practitioner within the prescribed time shall be not less
13than seventy-five dollars ($75) nor more than five hundred dollars
14($500).

15(p) The fee to be paid by a registered nurse for listing as a
16“psychiatric mental health nurse” shall be fixed by the board at
17not less than three hundred fifty dollars ($350) nor more than seven
18hundred fifty dollars ($750).

19(q) The fee to be paid for duplicate National Council Licensure
20Examination for registered nurses (NCLEX-RN) examination
21results shall be not less than sixty dollars ($60) nor more than one
22hundred dollars ($100).

23(r) The fee to be paid for a letter certifying a license shall be
24not less than twenty dollars ($20) nor more than thirty dollars
25($30).

26No further fee shall be required for a license or a renewal thereof
27other than as prescribed by this chapter.

28

begin deleteSEC. 19.end delete
29
begin insertSEC. 18.end insert  

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

31

2815.5.  

The amount of the fees prescribed by this chapter in
32connection with the issuance of certificates as nurse-midwives is
33that fixed by the following schedule:

34(a) The fee to be paid upon the filing of an application for a
35certificate shall be fixed by the board at not less than five hundred
36dollars ($500) nor more than one thousand five hundred dollars
37($1,500).

38(b) The biennial fee to be paid upon the application for a renewal
39of a certificate shall be fixed by the board at not less than one
P29   1hundred fifty dollars ($150) nor more than one thousand dollars
2($1,000).

3(c) The penalty fee for failure to renew a certificate within the
4prescribed time shall be 50 percent of the renewal fee in effect on
5the date of the renewal of the license, but not less than seventy-five
6dollars ($75) nor more than five hundred dollars ($500).

7(d) The fee to be paid upon the filing of an application for the
8nurse-midwife equivalency examination shall be fixed by the board
9at not less than one hundred dollars ($100) nor more than two
10hundred dollars ($200).

11(e) The fee to be paid for a temporary certificate shall be fixed
12by the board at not less than one hundred fifty dollars ($150) nor
13more than five hundred dollars ($500).

14

begin deleteSEC. 20.end delete
15
begin insertSEC. 19.end insert  

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

17

2816.  

The nonrefundable fee to be paid by a registered nurse
18for an evaluation of his or her qualifications to use the title “public
19health nurse” shall be equal to the fees set out in subdivision (o)
20of Section 2815. The fee to be paid upon the application for
21renewal of the certificate to practice as a public health nurse shall
22be fixed by the board at not less than one hundred twenty-five
23dollars ($125) and not more than five hundred dollars ($500). All
24fees payable under this section shall be collected by and paid to
25the Registered Nursing Fund. It is the intention of the Legislature
26that the costs of carrying out the purposes of this article shall be
27covered by the revenue collected pursuant to this section.

28

begin deleteSEC. 21.end delete
29
begin insertSEC. 20.end insert  

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

31

2830.7.  

The amount of the fees prescribed by this chapter in
32connection with the issuance of certificates as nurse anesthetists
33is that fixed by the following schedule:

34(a) The fee to be paid upon the filing of an application for a
35certificate shall be fixed by the board at not less than five hundred
36dollars ($500) nor more than one thousand five hundred dollars
37($1,500).

38(b) The biennial fee to be paid upon the application for a renewal
39of a certificate shall be fixed by the board at not less than one
P30   1hundred fifty dollars ($150) nor more than one thousand dollars
2($1,000).

3(c) The penalty fee for failure to renew a certificate within the
4prescribed time shall be 50 percent of the renewal fee in effect on
5the date of the renewal of the license, but not less than seventy-five
6dollars ($75) nor more than five hundred dollars ($500).

7(d) The fee to be paid for a temporary certificate shall be fixed
8by the board at not less than one hundred fifty dollars ($150) nor
9more than five hundred dollars ($500).

10

begin deleteSEC. 22.end delete
11
begin insertSEC. 21.end insert  

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

13

2836.3.  

(a) The furnishing of drugs or devices by nurse
14practitioners is conditional on issuance by the board of a number
15to the nurse applicant who has successfully completed the
16requirements of subdivision (g) of Section 2836.1. The number
17shall be included on all transmittals of orders for drugs or devices
18by the nurse practitioner. The board shall make the list of numbers
19issued available to the Board of Pharmacy. The board may charge
20the applicant a fee to cover all necessary costs to implement this
21section, that shall be not less than four hundred dollars ($400) nor
22more than one thousand five hundred dollars ($1,500) for an initial
23application, nor less than one hundred fifty dollars ($150) nor more
24than one thousand dollars ($1,000) for an application for renewal.
25The board may charge a penalty fee for failure to renew a
26furnishing number within the prescribed time that shall be not less
27than seventy-five dollars ($75) nor more than five hundred dollars
28($500).

29(b) The number shall be renewable at the time of the applicant’s
30registered nurse license renewal.

31(c) The board may revoke, suspend, or deny issuance of the
32numbers for incompetence or gross negligence in the performance
33of functions specified in Sections 2836.1 and 2836.2.

34

begin deleteSEC. 23.end delete
35
begin insertSEC. 22.end insert  

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

37

2838.2.  

(a) A clinical nurse specialist is a registered nurse with
38advanced education, who participates in expert clinical practice,
39education, research, consultation, and clinical leadership as the
40major components of his or her role.

P31   1(b) The board may establish categories of clinical nurse
2specialists and the standards required to be met for nurses to hold
3themselves out as clinical nurse specialists in each category. The
4standards shall take into account the types of advanced levels of
5nursing practice that are or may be performed and the clinical and
6didactic education, experience, or both needed to practice safety
7at those levels. In setting the standards, the board shall consult
8with clinical nurse specialists, physicians and surgeons appointed
9by the Medical Board of California with expertise with clinical
10nurse specialists, and health care organizations that utilize clinical
11nurse specialists.

12(c) A registered nurse who meets one of the following
13requirements may apply to become a clinical nurse specialist:

14(1) Possession of a master’s degree in a clinical field of nursing.

15(2) Possession of a master’s degree in a clinical field related to
16nursing with coursework in the components referred to in
17subdivision (a).

18(3) On or before July 1, 1998, meets the following requirements:

19(A) Current licensure as a registered nurse.

20(B) Performs the role of a clinical nurse specialist as described
21in subdivision (a).

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

23(d) (1) A nonrefundable fee of not less than five hundred dollars
24($500), but not to exceed one thousand five hundred dollars
25($1,500) shall be paid by a registered nurse applying to be a clinical
26nurse specialist for the evaluation of his or her qualifications to
27use the title “clinical nurse specialist.”

28(2) The fee to be paid for a temporary certificate to practice as
29a clinical nurse specialist shall be not less than thirty dollars ($30)
30nor more than fifty dollars ($50).

31(3) A biennial renewal fee shall be paid upon submission of an
32application to renew the clinical nurse specialist certificate and
33shall be established by the board at no less than one hundred fifty
34dollars ($150) and no more than one thousand dollars ($1,000).

35(4) The penalty fee for failure to renew a certificate within the
36prescribed time shall be 50 percent of the renewal fee in effect on
37the date of the renewal of the license, but not less than seventy-five
38dollars ($75) nor more than five hundred dollars ($500).

P32   1(5) The fees authorized by this subdivision shall not exceed the
2amount necessary to cover the costs to the board to administer this
3section.

4

begin deleteSEC. 24.end delete
5
begin insertSEC. 23.end insert  

Section 3030 is added to the Business and Professions
6Code
, to read:

7

3030.  

The board may at any time inspect the premises in which
8optometry is being practiced or in which spectacle or contact lenses
9are fitted or dispensed. The board’s inspection authority does not
10extend to premises that are not registered with the board. Nothing
11in this section shall be construed to affect the board’s ability to
12investigate alleged unlicensed activity or to inspect premises for
13which registration has lapsed or is delinquent.

14

begin deleteSEC. 25.end delete
15
begin insertSEC. 24.end insert  

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

17

4128.2.  

(a) In addition to the pharmacy license requirement
18described in Section 4110, a centralized hospital packaging
19pharmacy shall obtain a specialty license from the board prior to
20engaging in the functions described in Section 4128.

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

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

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

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

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

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

37(h) Until July 1, 2017, the fee for issuance or annual renewal
38of a centralized hospital packaging pharmacy license shall be six
39hundred dollars ($600) and may be increased by the board to eight
40hundred dollars ($800).

P33   1

begin deleteSEC. 26.end delete
2
begin insertSEC. 25.end insert  

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

4

4400.  

The amount of fees and penalties prescribed by this
5chapter, except as otherwise provided, is that fixed by the board
6according to the following schedule:

7(a) The fee for a nongovernmental pharmacy license shall be
8four hundred dollars ($400) and may be increased to five hundred
9twenty dollars ($520). The fee for the issuance of a temporary
10nongovernmental pharmacy permit shall be two hundred fifty
11dollars ($250) and may be increased to three hundred twenty-five
12dollars ($325).

13(b) The fee for a nongovernmental pharmacy license annual
14renewal shall be two hundred fifty dollars ($250) and may be
15increased to three hundred twenty-five dollars ($325).

16(c) The fee for the pharmacist application and examination shall
17be two hundred dollars ($200) and may be increased to two
18hundred sixty dollars ($260).

19(d) The fee for regrading an examination shall be ninety dollars
20($90) and may be increased to one hundred fifteen dollars ($115).
21If an error in grading is found and the applicant passes the
22examination, the regrading fee shall be refunded.

23(e) The fee for a pharmacist license and biennial renewal shall
24be one hundred fifty dollars ($150) and may be increased to one
25hundred ninety-five dollars ($195).

26(f) The fee for a nongovernmental wholesaler or third-party
27logistics provider license and annual renewal shall be seven
28hundred eighty dollars ($780) and may be decreased to no less
29than six hundred dollars ($600). The application fee for any
30additional location after licensure of the first 20 locations shall be
31three hundred dollars ($300) and may be decreased to no less than
32two hundred twenty-five dollars ($225). A temporary license fee
33shall be seven hundred fifteen dollars ($715) and may be decreased
34to no less than five hundred fifty dollars ($550).

35(g) The fee for a hypodermic license and renewal shall be one
36hundred twenty-five dollars ($125) and may be increased to one
37hundred sixty-five dollars ($165).

38(h) (1) The fee for application, investigation, and issuance of
39a license as a designated representative pursuant to Section 4053,
40or as a designated representative-3PL pursuant to Section 4053.1,
P34   1shall be three hundred thirty dollars ($330) and may be decreased
2to no less than two hundred fifty-five dollars ($255).

3(2) The fee for the annual renewal of a license as a designated
4representative or designated representative-3PL shall be one
5hundred ninety-five dollars ($195) and may be decreased to no
6less than one hundred fifty dollars ($150).

7(i) (1) The fee for the application, investigation, and issuance
8of a license as a designated representative for a veterinary
9food-animal drug retailer pursuant to Section 4053 shall be three
10hundred thirty dollars ($330) and may be decreased to no less than
11two hundred fifty-five dollars ($255).

12(2) The fee for the annual renewal of a license as a designated
13representative for a veterinary food-animal drug retailer shall be
14one hundred ninety-five dollars ($195) and may be decreased to
15no less than one hundred fifty dollars ($150).

16(j) (1) The application fee for a nonresident wholesaler or
17third-party logistics provider license issued pursuant to Section
184161 shall be seven hundred eighty dollars ($780) and may be
19decreased to no less than six hundred dollars ($600).

20(2) For nonresident wholesalers or third-party logistics providers
21that have 21 or more facilities operating nationwide the application
22fees for the first 20 locations shall be seven hundred eighty dollars
23($780) and may be decreased to no less than six hundred dollars
24($600). The application fee for any additional location after
25licensure of the first 20 locations shall be three hundred dollars
26($300) and may be decreased to no less than two hundred
27twenty-five dollars ($225). A temporary license fee shall be seven
28hundred fifteen dollars ($715) and may be decreased to no less
29than five hundred fifty dollars ($550).

30(3) The annual renewal fee for a nonresident wholesaler license
31or third-party logistics provider license issued pursuant to Section
324161 shall be seven hundred eighty dollars ($780) and may be
33decreased to no less than six hundred dollars ($600).

34(k) The fee for evaluation of continuing education courses for
35accreditation shall be set by the board at an amount not to exceed
36forty dollars ($40) per course hour.

37(l) The fee for an intern pharmacist license shall be ninety dollars
38($90) and may be increased to one hundred fifteen dollars ($115).
39The fee for transfer of intern hours or verification of licensure to
P35   1another state shall be twenty-five dollars ($25) and may be
2increased to thirty dollars ($30).

3(m) The board may waive or refund the additional fee for the
4issuance of a license where the license is issued less than 45 days
5before the next regular renewal date.

6(n) The fee for the reissuance of any license, or renewal thereof,
7that has been lost or destroyed or reissued due to a name change
8shall be thirty-five dollars ($35) and may be increased to forty-five
9dollars ($45).

10(o) The fee for the reissuance of any license, or renewal thereof,
11that must be reissued because of a change in the information, shall
12be one hundred dollars ($100) and may be increased to one hundred
13thirty dollars ($130).

14(p) It is the intent of the Legislature that, in setting fees pursuant
15to this section, the board shall seek to maintain a reserve in the
16Pharmacy Board Contingent Fund equal to approximately one
17year’s operating expenditures.

18(q) The fee for any applicant for a nongovernmental clinic
19license shall be four hundred dollars ($400) and may be increased
20to five hundred twenty dollars ($520) for each license. The annual
21fee for renewal of the license shall be two hundred fifty dollars
22($250) and may be increased to three hundred twenty-five dollars
23($325) for each license.

24(r) The fee for the issuance of a pharmacy technician license
25shall be eighty dollars ($80) and may be increased to one hundred
26five dollars ($105). The fee for renewal of a pharmacy technician
27license shall be one hundred dollars ($100) and may be increased
28to one hundred thirty dollars ($130).

29(s) The fee for a veterinary food-animal drug retailer license
30shall be four hundred five dollars ($405) and may be increased to
31four hundred twenty-five dollars ($425). The annual renewal fee
32for a veterinary food-animal drug retailer license shall be two
33hundred fifty dollars ($250) and may be increased to three hundred
34twenty-five dollars ($325).

35(t) The fee for issuance of a retired license pursuant to Section
364200.5 shall be thirty-five dollars ($35) and may be increased to
37forty-five dollars ($45).

38(u) The fee for issuance or renewal of a nongovernmental sterile
39compounding pharmacy license shall be six hundred dollars ($600)
40and may be increased to seven hundred eighty dollars ($780). The
P36   1fee for a temporary license shall be five hundred fifty dollars ($550)
2and may be increased to seven hundred fifteen dollars ($715).

3(v) The fee for the issuance or renewal of a nonresident sterile
4compounding pharmacy license shall be seven hundred eighty
5dollars ($780). In addition to paying that application fee, the
6nonresident sterile compounding pharmacy shall deposit, when
7submitting the application, a reasonable amount, as determined by
8the board, necessary to cover the board’s estimated cost of
9performing the inspection required by Section 4127.2. If the
10required deposit is not submitted with the application, the
11application shall be deemed to be incomplete. If the actual cost of
12the inspection exceeds the amount deposited, the board shall
13provide to the applicant a written invoice for the remaining amount
14and shall not take action on the application until the full amount
15has been paid to the board. If the amount deposited exceeds the
16amount of actual and necessary costs incurred, the board shall
17remit the difference to the applicant.

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

20

begin deleteSEC. 27.end delete
21
begin insertSEC. 26.end insert  

Section 4400 is added to the Business and Professions
22Code
, to read:

23

4400.  

The amount of fees and penalties prescribed by this
24chapter, except as otherwise provided, is that fixed by the board
25according to the following schedule:

26(a) The fee for a nongovernmental pharmacy license shall be
27five hundred twenty dollars ($520) and may be increased to five
28hundred seventy dollars ($570). The fee for the issuance of a
29temporary nongovernmental pharmacy permit shall be two hundred
30fifty dollars ($250) and may be increased to three hundred
31twenty-five dollars ($325).

32(b) The fee for a nongovernmental pharmacy license annual
33renewal shall be six hundred sixty-five dollars ($665) and may be
34increased to nine hundred thirty dollars ($930).

35(c) The fee for the pharmacist application and examination shall
36be two hundred sixty dollars ($260) and may be increased to two
37hundred eighty-five dollars ($285).

38(d) The fee for regrading an examination shall be ninety dollars
39($90) and may be increased to one hundred fifteen dollars ($115).
P37   1If an error in grading is found and the applicant passes the
2examination, the regrading fee shall be refunded.

3(e) The fee for a pharmacist license shall be one hundred
4ninety-five dollars ($195) and may be increased to two hundred
5fifteen dollars ($215). The fee for a pharmacist biennial renewal
6shall be three hundred sixty dollars ($360) and may be increased
7to five hundred five dollars ($505).

8(f) The fee for a nongovernmental wholesaler or third-party
9logistics provider license and annual renewal shall be seven
10hundred eighty dollars ($780) and may be increased to eight
11hundred twenty dollars ($820). The application fee for any
12additional location after licensure of the first 20 locations shall be
13three hundred dollars ($300) and may be decreased to no less than
14two hundred twenty-five dollars ($225). A temporary license fee
15shall be seven hundred fifteen dollars ($715) and may be decreased
16to no less than five hundred fifty dollars ($550).

17(g) The fee for a hypodermic license shall be one hundred
18seventy dollars ($170) and may be increased to two hundred forty
19dollars ($240). The fee for a hypodermic license renewal shall be
20two hundred dollars ($200) and may be increased to two hundred
21eighty dollars ($280).

22(h) (1) The fee for application, investigation, and issuance of
23a license as a designated representative pursuant to Section 4053,
24or as a designated representative-3PL pursuant to Section 4053.1,
25shall be one hundred fifty dollars ($150) and may be increased to
26two hundred ten dollars ($210).

27(2) The fee for the annual renewal of a license as a designated
28representative or designated representative-3PL shall be two
29hundred fifteen dollars ($215) and may be increased to three
30hundred dollars ($300).

31(i) (1) The fee for the application, investigation, and issuance
32of a license as a designated representative for a veterinary
33food-animal drug retailer pursuant to Section 4053 shall be one
34hundred fifty dollars ($150) and may be increased to two hundred
35ten dollars ($210).

36(2) The fee for the annual renewal of a license as a designated
37representative for a veterinary food-animal drug retailer shall be
38 two hundred fifteen dollars ($215) and may be increased to three
39hundred dollars ($300).

P38   1(j) (1) The application fee for a nonresident wholesaler or
2third-party logistics provider license issued pursuant to Section
34161 shall be seven hundred eighty dollars ($780) and may be
4increased to eight hundred twenty dollars ($820).

5(2) For nonresident wholesalers or third-party logistics providers
6that have 21 or more facilities operating nationwide the application
7fees for the first 20 locations shall be seven hundred eighty dollars
8($780) and may be increased to eight hundred twenty dollars
9($820). The application fee for any additional location after
10licensure of the first 20 locations shall be three hundred dollars
11($300) and may be decreased to no less than two hundred
12twenty-five dollars ($225). A temporary license fee shall be seven
13hundred fifteen dollars ($715) and may be decreased to no less
14than five hundred fifty dollars ($550).

15(3) The annual renewal fee for a nonresident wholesaler license
16or third-party logistics provider license issued pursuant to Section
174161 shall be seven hundred eighty dollars ($780) and may be
18increased to eight hundred twenty dollars ($820).

19(k) The fee for evaluation of continuing education courses for
20accreditation shall be set by the board at an amount not to exceed
21forty dollars ($40) per course hour.

22(l) The fee for an intern pharmacist license shall be one hundred
23sixty-five dollars ($165) and may be increased to two hundred
24thirty dollars ($230). The fee for transfer of intern hours or
25verification of licensure to another state shall be twenty-five dollars
26($25) and may be increased to thirty dollars ($30).

27(m) The board may waive or refund the additional fee for the
28issuance of a license where the license is issued less than 45 days
29before the next regular renewal date.

30(n) The fee for the reissuance of any license, or renewal thereof,
31that has been lost or destroyed or reissued due to a name change
32shall be thirty-five dollars ($35) and may be increased to forty-five
33dollars ($45).

34(o) The fee for the reissuance of any license, or renewal thereof,
35that must be reissued because of a change in the information, shall
36be one hundred dollars ($100) and may be increased to one hundred
37thirty dollars ($130).

38(p) It is the intent of the Legislature that, in setting fees pursuant
39to this section, the board shall seek to maintain a reserve in the
P39   1Pharmacy Board Contingent Fund equal to approximately one
2year’s operating expenditures.

3(q) The fee for any applicant for a nongovernmental clinic
4license shall be five hundred twenty dollars ($520) for each license
5and may be increased to five hundred seventy dollars ($570). The
6annual fee for renewal of the license shall be three hundred
7twenty-five dollars ($325) for each license and may be increased
8to three hundred sixty dollars ($360).

9(r) The fee for the issuance of a pharmacy technician license
10shall be one hundred forty dollars ($140) and may be increased to
11one hundred ninety-five dollars ($195). The fee for renewal of a
12pharmacy technician license shall be one hundred forty dollars
13($140) and may be increased to one hundred ninety-five dollars
14($195).

15(s) The fee for a veterinary food-animal drug retailer license
16shall be four hundred thirty-five dollars ($435) and may be
17increased to six hundred ten dollars ($610). The annual renewal
18fee for a veterinary food-animal drug retailer license shall be three
19hundred thirty dollars ($330) and may be increased to four hundred
20sixty dollars ($460).

21(t) The fee for issuance of a retired license pursuant to Section
224200.5 shall be thirty-five dollars ($35) and may be increased to
23forty-five dollars ($45).

24(u) The fee for issuance of a nongovernmental sterile
25compounding pharmacy license shall be one thousand six hundred
26forty-five dollars ($1,645) and may be increased to two thousand
27three hundred five dollars ($2,305). The fee for a temporary license
28shall be five hundred fifty dollars ($550) and may be increased to
29seven hundred fifteen dollars ($715). The annual renewal fee of
30the license shall be one thousand three hundred twenty-five dollars
31($1,325) and may be increased to one thousand eight hundred
32fifty-five dollars ($1,855).

33(v) The fee for the issuance of a nonresident sterile compounding
34pharmacy license shall be two thousand three hundred eighty
35dollars ($2,380) and may be increased to three thousand three
36hundred thirty-five dollars ($3,335). The annual renewal of the
37license shall be two thousand two hundred seventy dollars ($2,270)
38and may be increased to three thousand one hundred eighty dollars
39($3,180). In addition to paying that application fee, the nonresident
40sterile compounding pharmacy shall deposit, when submitting the
P40   1application, a reasonable amount, as determined by the board,
2necessary to cover the board’s estimated cost of performing the
3inspection required by Section 4127.2. If the required deposit is
4not submitted with the application, the application shall be deemed
5to be incomplete. If the actual cost of the inspection exceeds the
6amount deposited, the board shall provide to the applicant a written
7invoice for the remaining amount and shall not take action on the
8application until the full amount has been paid to the board. If the
9amount deposited exceeds the amount of actual and necessary
10costs incurred, the board shall remit the difference to the applicant.

11(w) The fee for the issuance of an outsourcing facility license
12shall be two thousand two hundred seventy dollars ($2,270) and
13may be increased to up to three thousand one hundred eighty
14dollars ($3,180) by the board. The fee for the renewal of an
15outsourcing facility license shall be one thousand three hundred
16twenty-five dollars ($1,325) and may be increased to up to one
17thousand eight hundred fifty-five dollars ($1,855) by the board.
18The fee for a temporary outsourcing facility license shall be seven
19hundred fifteen dollars ($715).

20(x) The fee for the issuance of a nonresident outsourcing facility
21license shall be two thousand three hundred eighty dollars ($2,380)
22and may be increased to up to three thousand three hundred
23thirty-five dollars ($3,335) by the board. The fee for the renewal
24of a nonresident outsourcing facility license shall be two thousand
25two hundred seventy dollars ($2,270) and may be increased to up
26to three thousand one hundred eighty dollars ($3,180) by the board.
27In addition to paying that application fee, the nonresident
28outsourcing facility shall deposit, when submitting the application,
29a reasonable amount, as determined by the board, necessary to
30cover the board’s estimated cost of performing the inspection
31required by Section 4129.2. If the required deposit is not submitted
32with the application, the application shall be deemed to be
33incomplete. If the actual cost of the inspection exceeds the amount
34deposited, the board shall provide to the applicant a written invoice
35for the remaining amount and shall not take action on the
36application until the full amount has been paid to the board. If the
37amount deposited exceeds the amount of actual and necessary
38costs incurred, the board shall remit the difference to the applicant.

39(y) The fee for the issuance of a centralized hospital packaging
40license shall be eight hundred twenty dollars ($820) and may be
P41   1increased to one thousand one hundred fifty dollars ($1,150). The
2annual renewal of the license shall be eight hundred five dollars
3($805) and may be increased to one thousand one hundred
4twenty-five dollars ($1,125).

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

6

begin deleteSEC. 28.end delete
7
begin insertSEC. 27.end insert  

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

9

4830.  

(a) This chapter does not apply to:

10(1) Veterinarians while serving in any armed branch of the
11military service of the United States or the United States
12Department of Agriculture while actually engaged and employed
13in their official capacity.

14(2) Veterinarians holding a current, valid license in good
15standing in another state or country who provide assistance to a
16California licensed veterinarian and attend on a specific case. The
17California licensed veterinarian shall maintain a valid
18veterinarian-client-patient relationship. The veterinarian providing
19the assistance shall not establish a veterinarian-client-patient
20relationship with the client by attending the case or at a future time
21and shall not practice veterinary medicine, open an office, appoint
22a place to meet patients, communicate with clients who reside
23within the limits of this state, give orders, or have ultimate authority
24over the care or primary diagnosis of a patient that is located within
25this state.

26(3) Veterinarians called into the state by a law enforcement
27agency or animal control agency pursuant to subdivision (b).

28(4) Students in the School of Veterinary Medicine of the
29University of California or the College of Veterinary Medicine of
30the Western University of Health Sciences who participate in
31diagnosis and treatment as part of their educational experience,
32including those in off-campus educational programs under the
33direct supervision of a licensed veterinarian in good standing, as
34defined in paragraph (1) of subdivision (b) of Section 4848,
35appointed by the University of California, Davis, or the Western
36University of Health Sciences.

37(5) A veterinarian who is employed by the Meat and Poultry
38Inspection Branch of the California Department of Food and
39Agriculture while actually engaged and employed in his or her
40official capacity. A person exempt under this paragraph shall not
P42   1otherwise engage in the practice of veterinary medicine unless he
2or she is issued a license by the board.

3(6) Unlicensed personnel employed by the Department of Food
4and Agriculture or the United States Department of Agriculture
5when in the course of their duties they are directed by a veterinarian
6supervisor to conduct an examination, obtain biological specimens,
7apply biological tests, or administer medications or biological
8products as part of government disease or condition monitoring,
9investigation, control, or eradication activities.

10(b) (1) For purposes of paragraph (3) of subdivision (a), a
11regularly licensed veterinarian in good standing who is called from
12another state by a law enforcement agency or animal control
13agency, as defined in Section 31606 of the Food and Agricultural
14Code, to attend to cases that are a part of an investigation of an
15alleged violation of federal or state animal fighting or animal
16cruelty laws within a single geographic location shall be exempt
17from the licensing requirements of this chapter if the law
18enforcement agency or animal control agency determines that it
19is necessary to call the veterinarian in order for the agency or
20officer to conduct the investigation in a timely, efficient, and
21effective manner. In determining whether it is necessary to call a
22veterinarian from another state, consideration shall be given to the
23availability of veterinarians in this state to attend to these cases.
24An agency, department, or officer that calls a veterinarian pursuant
25to this subdivision shall notify the board of the investigation.

26(2) Notwithstanding any other provision of this chapter, a
27regularly licensed veterinarian in good standing who is called from
28another state to attend to cases that are a part of an investigation
29described in paragraph (1) may provide veterinary medical care
30for animals that are affected by the investigation with a temporary
31shelter facility, and the temporary shelter facility shall be exempt
32from the registration requirement of Section 4853 if all of the
33following conditions are met:

34(A) The temporary shelter facility is established only for the
35purpose of the investigation.

36(B) The temporary shelter facility provides veterinary medical
37care, shelter, food, and water only to animals that are affected by
38the investigation.

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

P43   1(D) The temporary shelter facility exists for not more than 60
2days, unless the law enforcement agency or animal control agency
3determines that a longer period of time is necessary to complete
4the investigation.

5(E) Within 30 calendar days upon completion of the provision
6of veterinary health care services at a temporary shelter facility
7established pursuant to this section, the veterinarian called from
8another state by a law enforcement agency or animal control agency
9to attend to a case shall file a report with the board. The report
10shall contain the date, place, type, and general description of the
11care provided, along with a listing of the veterinary health care
12practitioners who participated in providing that care.

13(c) For purposes of paragraph (3) of subdivision (a), the board
14may inspect temporary facilities established pursuant to this
15section.

16

begin deleteSEC. 29.end delete
17
begin insertSEC. 28.end insert  

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

19

4999.  

“Telephone medical advice service” means any business
20entity that employs, or contracts or subcontracts, directly or
21indirectly, with, the full-time equivalent of five or more persons
22functioning as health care professionals, whose primary function
23is to provide telephone medical advice, that provides telephone
24medical advice services to a patient at a California address.
25“Telephone medical advice service” does not include a medical
26group that operates in multiple locations in California if no more
27than five full-time equivalent persons at any one location perform
28telephone medical advice services and those persons limit the
29telephone medical advice services to patients being treated at that
30location.

31

begin deleteSEC. 30.end delete
32
begin insertSEC. 29.end insert  

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

34

begin deleteSEC. 31.end delete
35
begin insertSEC. 30.end insert  

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

37

4999.2.  

A telephone medical advice service shall be responsible
38for complying with the following requirements:

39(a) (1) Ensuring that all health care professionals who provide
40medical advice services are appropriately licensed, certified, or
P44   1registered as a physician and surgeon pursuant to Chapter 5
2(commencing with Section 2000) or the Osteopathic Initiative Act,
3as a dentist, dental hygienist, dental hygienist in alternative
4practice, or dental hygienist in extended functions pursuant to
5Chapter 4 (commencing with Section 1600), as an occupational
6therapist pursuant to Chapter 5.6 (commencing with Section 2570),
7as a registered nurse pursuant to Chapter 6 (commencing with
8Section 2700), as a psychologist pursuant to Chapter 6.6
9(commencing with Section 2900), as a naturopathic doctor pursuant
10to Chapter 8.2 (commencing with Section 3610), as a marriage
11and family therapist pursuant to Chapter 13 (commencing with
12Section 4980), as a licensed clinical social worker pursuant to
13Chapter 14 (commencing with Section 4991), as a licensed
14professional clinical counselor pursuant to Chapter 16
15(commencing with Section 4999.10), as an optometrist pursuant
16to Chapter 7 (commencing with Section 3000), or as a chiropractor
17pursuant to the Chiropractic Initiative Act, and operating consistent
18with the laws governing their respective scopes of practice in the
19state within which they provide telephone medical advice services,
20except as provided in subdivision (b).

21(2) Ensuring that all health care professionals who provide
22telephone medical advice services from an out-of-state location,
23as identified in paragraph (1), are licensed, registered, or certified
24in the state within which they are providing the telephone medical
25advice services and are operating consistent with the laws
26governing their respective scopes of practice.

27(b) Ensuring that the telephone medical advice provided is
28consistent with good professional practice.

29(c) Maintaining records of telephone medical advice services,
30including records of complaints, provided to patients in California
31for a period of at least five years.

32(d) Ensuring that no staff member uses a title or designation
33when speaking to an enrollee, subscriber, or consumer that may
34cause a reasonable person to believe that the staff member is a
35licensed, certified, or registered health care professional described
36in paragraph (1) of subdivision (a), unless the staff member is a
37licensed, certified, or registered professional.

38(e) Complying with all directions and requests for information
39made by the department.

P45   1(f) Notifying the department within 30 days of any change of
2name, physical location, mailing address, or telephone number of
3any business, owner, partner, corporate officer, or agent for service
4of process in California, together with copies of all resolutions or
5other written communications that substantiate these changes.

6

begin deleteSEC. 32.end delete
7
begin insertSEC. 31.end insert  

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

9

begin deleteSEC. 33.end delete
10
begin insertSEC. 32.end insert  

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

12

begin deleteSEC. 34.end delete
13
begin insertSEC. 33.end insert  

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

15

begin deleteSEC. 35.end delete
16
begin insertSEC. 34.end insert  

Section 4999.5 is added to the Business and
17Professions Code
, to read:

18

4999.5.  

The respective healing arts licensing boards shall be
19responsible for enforcing this chapter and any other laws and
20regulations affecting California licensed health care professionals
21providing telephone medical advice services.

22

begin deleteSEC. 36.end delete
23
begin insertSEC. 35.end insert  

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

25

begin deleteSEC. 37.end delete
26
begin insertSEC. 36.end insert  

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

28

7137.  

The board shall set fees by regulation. These fees shall
29not exceed the following schedule:

30(a) The application fee for an original license in a single
31classification shall not be more than three hundred dollars ($300).

32The application fee for each additional classification applied for
33in connection with an original license shall not be more than
34seventy-five dollars ($75).

35The application fee for each additional classification pursuant
36to Section 7059 shall not be more than seventy-five dollars ($75).

37The application fee to replace a responsible managing officer,
38responsible managing manager, responsible managing member,
39or responsible managing employee pursuant to Section 7068.2
40shall not be more than seventy-five dollars ($75).

P46   1(b) The fee for rescheduling an examination for an applicant
2who has applied for an original license, additional classification,
3a change of responsible managing officer, responsible managing
4manager, responsible managing member, or responsible managing
5employee, or for an asbestos certification or hazardous substance
6removal certification, shall not be more than sixty dollars ($60).

7(c) The fee for scheduling or rescheduling an examination for
8a licensee who is required to take the examination as a condition
9of probation shall not be more than sixty dollars ($60).

10(d) The initial license fee for an active or inactive license shall
11not be more than one hundred eighty dollars ($180).

12(e) The renewal fee for an active license shall not be more than
13three hundred sixty dollars ($360).

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

16(f) The delinquency fee is an amount equal to 50 percent of the
17renewal fee, if the license is renewed after its expiration.

18(g) The registration fee for a home improvement salesperson
19shall not be more than seventy-five dollars ($75).

20(h) The renewal fee for a home improvement salesperson
21registration shall not be more than seventy-five dollars ($75).

22(i) The application fee for an asbestos certification examination
23shall not be more than seventy-five dollars ($75).

24(j) The application fee for a hazardous substance removal or
25remedial action certification examination shall not be more than
26seventy-five dollars ($75).

27(k) In addition to any other fees charged to C-10 and C-7
28contractors, the board may charge a fee not to exceed twenty dollars
29($20), which shall be used by the board to enforce provisions of
30the Labor Code related to electrician certification.

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

33

begin deleteSEC. 38.end delete
34
begin insertSEC. 37.end insert  

Section 7137 is added to the Business and Professions
35Code
, to read:

36

7137.  

The board may set fees by regulation. These fees shall
37be set according to the following schedule:

38(a) (1) The application fee for an original license in a single
39classification shall be three hundred thirty dollars ($330) and may
P47   1be increased to not more than three hundred seventy-five dollars
2($375).

3(2) The application fee for each additional classification applied
4for in connection with an original license shall not be more than
5eighty-five dollars ($85).

6(3) The application fee for each additional classification pursuant
7to Section 7059 shall be one hundred fifty dollars ($150) and may
8be increased to not more than one hundred seventy-five dollars
9($175).

10(4) The application fee to replace a responsible managing officer,
11responsible managing manager, responsible managing member,
12or responsible managing employee pursuant to Section 7068.2
13shall be one hundred fifty dollars ($150) and may be increased to
14not more than one hundred seventy-five dollars ($175).

15(5) The application fee to add personnel, other than a qualifying
16individual, to an existing license shall be one hundred dollars
17($100) and may be increased to not more than one hundred fifteen
18dollars ($115).

19(b) The fee for rescheduling an examination for an applicant
20who has applied for an original license, additional classification,
21a change of responsible managing officer, responsible managing
22manager, responsible managing member, or responsible managing
23employee, or for an asbestos certification or hazardous substance
24removal certification, shall not be more than seventy dollars ($70).

25(c) The fee for scheduling or rescheduling an examination for
26a licensee who is required to take the examination as a condition
27of probation shall not be more than seventy dollars ($70).

28(d) The initial license fee for an active or inactive license shall
29be two hundred dollars ($200) and may be increased to not more
30than two hundred twenty-five dollars ($225).

31(e) (1) The renewal fee for an active license shall be four
32hundred dollars ($400) and may be increased to not more than four
33hundred fifty dollars ($450).

34(2) The renewal fee for an inactive license shall be two hundred
35dollars ($200) and may be increased to not more than two hundred
36twenty-five dollars ($225).

37(f) The delinquency fee is an amount equal to 50 percent of the
38renewal fee, if the license is renewed after its expiration.

P48   1(g) The registration fee for a home improvement salesperson
2shall be eighty-three dollars ($83) and may be increased to not
3more than ninety-five dollars ($95).

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

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

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

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

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

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

24

begin deleteSEC. 39.end delete
25
begin insertSEC. 38.end insert  

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

27

7153.3.  

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

35(b) An application for renewal of registration is delinquent if
36the application is not postmarked or received via electronic
37transmission as authorized by Section 7156.6 by the date on which
38the registration would otherwise expire. A registration may,
39however, still be renewed at any time within three years after its
40expiration upon the filing of an application for renewal on a form
P49   1prescribed by the registrar and the payment of the renewal fee
2prescribed by this chapter and a delinquent renewal penalty in the
3amount of twenty-five dollars ($25). If a registration is not renewed
4within three years, the person shall make a new application for
5registration pursuant to Section 7153.1.

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

14The registrar may review and accept the petition of a person who
15disputes the abandonment of his or her renewal application upon
16a showing of good cause. This petition shall be received within 90
17days of the date the application for renewal is deemed abandoned.

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

20

begin deleteSEC. 40.end delete
21
begin insertSEC. 39.end insert  

Section 7153.3 is added to the Business and
22Professions Code
, to read:

23

7153.3.  

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

31(b) An application for renewal of registration is delinquent if
32the application is not postmarked or received via electronic
33transmission as authorized by Section 7156.6 by the date on which
34the registration would otherwise expire. A registration may,
35however, still be renewed at any time within three years after its
36expiration upon the filing of an application for renewal on a form
37prescribed by the registrar and the payment of the renewal fee
38prescribed by this chapter and a delinquent renewal penalty equal
39to 50 percent of the renewal fee. If a registration is not renewed
P50   1within three years, the person shall make a new application for
2registration pursuant to Section 7153.1.

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

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

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

17

begin deleteSEC. 41.end delete
18
begin insertSEC. 40.end insert  

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

20

8516.  

(a) This section, and Section 8519, apply only to wood
21destroying pests or organisms.

22(b) A registered company or licensee shall not commence work
23on a contract, or sign, issue, or deliver any documents expressing
24an opinion or statement relating to the absence or presence of wood
25destroying pests or organisms until an inspection has been made
26by a licensed Branch 3 field representative or operator employed
27by a registered company, except as provided in Section 8519.5.
28The address of each property inspected or upon which work is
29completed shall be reported on a form prescribed by the board and
30shall be filed with the board no later than 10 business days after
31the commencement of an inspection or upon completed work.

32Every property inspected pursuant to this subdivision or Section
338518 shall be assessed a filing fee pursuant to Section 8674.

34Failure of a registered company to report and file with the board
35the address of any property inspected or work completed pursuant
36to Section 8518 or this section is grounds for disciplinary action
37and shall subject the registered company to a fine of not more than
38two thousand five hundred dollars ($2,500). The address of an
39inspection report prepared for use by an attorney for litigation
P51   1purposes shall not be required to be reported to the board and shall
2not be assessed a filing fee.

3A written inspection report conforming to this section and a form
4approved by the board shall be prepared and delivered to the person
5requesting the inspection and the property owner, or to the property
6owner’s designated agent, within 10 business days from the start
7of the inspection, except that an inspection report prepared for use
8by an attorney for litigation purposes is not required to be reported
9to the board or the property owner. An inspection report may be
10a complete, limited, supplemental, or reinspection report, as defined
11by Section 1993 of Title 16 of the California Code of Regulations.
12The report shall be delivered before work is commenced on any
13property. The registered company shall retain for three years all
14inspection reports, field notes, and activity forms.

15Reports shall be made available for inspection and reproduction
16to the executive officer of the board or his or her duly authorized
17representative during business hours. All inspection reports or
18copies thereof shall be submitted to the board upon demand within
19two business days. The following shall be set forth in the report:

20(1) The start date of the inspection and the name of the licensed
21field representative or operator making the inspection.

22(2) The name and address of the person or firm ordering the
23report.

24(3) The name and address of the property owner and any person
25who is a party in interest.

26(4) The address or location of the property.

27(5) A general description of the building or premises inspected.

28(6) A foundation diagram or sketch of the structure or structures
29or portions of the structure or structures inspected, including the
30approximate location of any infested or infected areas evident, and
31the parts of the structure where conditions that would ordinarily
32subject those parts to attack by wood destroying pests or organisms
33exist. Reporting of the infested or infected wood members, or parts
34of the structure identified, shall be listed in the inspection report
35to clearly identify them, as is typical in standard construction
36components, including, but not limited to, siding, studs, rafters,
37floor joists, fascia, subfloor, sheathing, and trim boards.

38(7) Information regarding the substructure, foundation walls
39and footings, porches, patios and steps, air vents, abutments, attic
40spaces, roof framing that includes the eaves, rafters, fascias,
P52   1exposed timbers, exposed sheathing, ceiling joists, and attic walls,
2or other parts subject to attack by wood destroying pests or
3organisms. Conditions usually deemed likely to lead to infestation
4or infection, such as earth-wood contacts, excessive cellulose
5debris, faulty grade levels, excessive moisture conditions, evidence
6of roof leaks, and insufficient ventilation are to be reported.

7(8) One of the following statements, as appropriate, printed in
8bold type:

9(A) The exterior surface of the roof was not inspected. If you
10want the water tightness of the roof determined, you should contact
11a roofing contractor who is licensed by the Contractors’ State
12License Board.

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

15(9) Indication or description of any areas that are inaccessible
16or not inspected with recommendation for further inspection if
17practicable. If, after the report has been made in compliance with
18this section, authority is given later to open inaccessible areas, a
19supplemental report on conditions in these areas shall be made.

20(10) Recommendations for corrective measures.

21(11) Information regarding the pesticide or pesticides to be used
22for their control or prevention as set forth in subdivision (a) of
23Section 8538.

24(12) The inspection report shall clearly disclose that if requested
25by the person ordering the original report, a reinspection of the
26structure will be performed if an estimate or bid for making repairs
27was given with the original inspection report, or thereafter.

28An estimate or bid shall be given separately allocating the costs
29to perform each and every recommendation for corrective measures
30as specified in subdivision (c) with the original inspection report
31if the person who ordered the original inspection report so requests,
32and if the registered company is regularly in the business of
33performing each corrective measure.

34If no estimate or bid was given with the original inspection
35report, or thereafter, then the registered company shall not be
36required to perform a reinspection.

37A reinspection shall be an inspection of those items previously
38listed on an original report to determine if the recommendations
39have been completed. Each reinspection shall be reported on an
P53   1original inspection report form and shall be labeled “Reinspection.”
2Each reinspection shall also identify the original report by date.

3After four months from an original inspection, all inspections
4shall be original inspections and not reinspections.

5Any reinspection shall be performed for not more than the price
6of the registered company’s original inspection price and shall be
7completed within 10 business days after a reinspection has been
8ordered.

9(13) The inspection report shall contain the following statement,
10printed in boldface type:


12“NOTICE: Reports on this structure prepared by various
13registered companies should list the same findings (i.e. termite
14infestations, termite damage, fungus damage, etc.). However,
15recommendations to correct these findings may vary from company
16to company. You have a right to seek a second opinion from
17another company.”


19(c) At the time a report is ordered, the registered company or
20licensee shall inform the person or entity ordering the report, that
21a separate report is available pursuant to this subdivision. If a
22separate report is requested at the time the inspection report is
23ordered, the registered company or licensee shall separately identify
24on the report each recommendation for corrective measures as
25follows:

26(1) The infestation or infection that is evident.

27(2) The conditions that are present that are deemed likely to
28lead to infestation or infection.

29If a registered company or licensee fails to inform as required
30by this subdivision and a dispute arises, or if any other dispute
31arises as to whether this subdivision has been complied with, a
32separate report shall be provided within 24 hours of the request
33but, in no event, later than the next business day, and at no
34additional cost.

35(d) When a corrective condition is identified, either as paragraph
36(1) or (2) of subdivision (c), and the property owner or the property
37owner’s designated agent chooses not to correct those conditions,
38the registered company or licensee shall not be liable for damages
39resulting from a failure to correct those conditions or subject to
40any disciplinary action by the board. Nothing in this subdivision,
P54   1however, shall relieve a registered company or a licensee of any
2liability resulting from negligence, fraud, dishonest dealing, other
3violations pursuant to this chapter, or contractual obligations
4between the registered company or licensee and the responsible
5parties.

6(e) The inspection report form prescribed by the board shall
7separately identify the infestation or infection that is evident and
8the conditions that are present that are deemed likely to lead to
9infestation or infection. If a separate form is requested, the form
10shall explain the infestation or infection that is evident and the
11conditions that are present that are deemed likely to lead to
12infestation or infection and the difference between those conditions.
13In no event, however, shall conditions deemed likely to lead to
14infestation or infection be characterized as actual “defects” or as
15actual “active” infestations or infections or in need of correction
16as a precondition to issuing a certification pursuant to Section
178519.

18(f) The report and any contract entered into shall also state
19specifically when any guarantee for the work is made, and if so,
20the specific terms of the guarantee and the period of time for which
21the guarantee shall be in effect. If a guarantee extends beyond three
22years, the registered company shall maintain all original inspection
23reports, field notes, activity forms, and notices of completion for
24the duration of the guarantee period and for one year after the
25guarantee expires.

26(g) For purposes of this section, “control service agreement”
27means an agreement, including extended warranties, to have a
28licensee conduct over a period of time regular inspections and
29other activities related to the control or eradication of wood
30destroying pests and organisms. Under a control service agreement
31a registered company shall refer to the original report and contract
32in a manner as to identify them clearly, and the report shall be
33assumed to be a true report of conditions as originally issued,
34except it may be modified after a control service inspection. A
35registered company is not required to issue a report as outlined in
36paragraphs (1) to (11), inclusive, of subdivision (b) after each
37control service inspection. If after control service inspection, no
38modification of the original report is made in writing, then it will
39be assumed that conditions are as originally reported. A control
40service contract shall state specifically the particular wood
P55   1destroying pests or organisms and the portions of the buildings or
2structures covered by the contract.

3(h) A registered company or licensee may enter into and
4maintain a control service agreement provided the following
5requirements are met:

6(1) The control service agreement shall be in writing, signed by
7both parties, and shall specifically include the following:

8(A) The wood destroying pests and organisms covered by the
9control service agreement.

10(B) Any wood destroying pest or organism that is not covered
11must be specifically listed.

12(C) The type and manner of treatment to be used to correct the
13infestations or infections.

14(D) The structures or buildings, or portions thereof, covered by
15the agreement, including a statement specifying whether the
16coverage for purposes of periodic inspections is limited or full.
17Any exclusions from those described in the original report must
18be specifically listed.

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

20(F) The frequency of the inspections to be provided, the fee to
21be charged for each renewal, and the duration of the agreement.

22(G) Whether the fee includes structural repairs.

23(H) If the services provided are guaranteed, and, if so, the terms
24of the guarantee.

25(I) A statement that all corrections of infestations or infections
26covered by the control service agreement shall be completed within
27six months of discovery, unless otherwise agreed to in writing by
28both parties.

29(2) The original inspection report, the control service agreement,
30and completion report shall be maintained for three years after the
31cancellation of the control service agreement.

32(3) Inspections made pursuant to a control service agreement
33shall be conducted by a Branch 3 licensee. Section 8506.1 does
34not modify this provision.

35(4) A full inspection of the property covered by the control
36service agreement shall be conducted and a report filed pursuant
37to subdivision (b) at least once every three years from the date that
38the agreement was entered into, unless the consumer cancels the
39contract within three years from the date the agreement was entered
40into.

P56   1(5) Under a control service agreement, a written report shall be
2required for the correction of any infestation or infection unless
3all of the following conditions are met:

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

5(B) The infestation or infection is covered by the control service
6agreement.

7(C) There is no additional charge for correcting the infestation
8or infection.

9(D) Correction of the infestation or infection takes place within
1045 days of its discovery.

11(E) Correction of the infestation or infection does not include
12fumigation.

13(6) All notice requirements pursuant to Section 8538 shall apply
14to all pesticide treatments conducted under control service
15agreements.

16(i) All work recommended by a registered company, where an
17estimate or bid for making repairs was given with the original
18inspection report, or thereafter, shall be recorded on this report or
19a separate work agreement and shall specify a price for each
20recommendation. This information shall be provided to the person
21requesting the inspection, and shall be retained by the registered
22company with the inspection report copy for three years.

23

begin deleteSEC. 42.end delete
24
begin insertSEC. 41.end insert  

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

26

8518.  

(a) When a registered company completes work under
27a contract, it shall prepare, on a form prescribed by the board, a
28notice of work completed and not completed, and shall furnish
29that notice to the owner of the property or the owner’s agent within
3010 business days after completing the work. The notice shall
31include a statement of the cost of the completed work and estimated
32cost of work not completed.

33(b) The address of each property inspected or upon which work
34was completed shall be reported on a form prescribed by the board
35and shall be filed with the board no later than 10 business days
36after completed work.

37(c) A filing fee shall be assessed pursuant to Section 8674 for
38every property upon which work is completed.

39(d) Failure of a registered company to report and file with the
40board the address of any property upon which work was completed
P57   1pursuant to subdivision (b) of Section 8516 or this section is
2grounds for disciplinary action and shall subject the registered
3company to a fine of not more than two thousand five hundred
4dollars ($2,500).

5(e) The registered company shall retain for three years all
6original notices of work completed, work not completed, and
7activity forms.

8(f) Notices of work completed and not completed shall be made
9available for inspection and reproduction to the executive officer
10of the board or his or her duly authorized representative during
11business hours. Original notices of work completed or not
12completed or copies thereof shall be submitted to the board upon
13request within two business days.

14(g) This section shall only apply to work relating to wood
15destroying pests or organisms.

16

begin deleteSEC. 43.end delete
17
begin insertSEC. 42.end insert  

Section 1348.8 of the Health and Safety Code is
18amended to read:

19

1348.8.  

(a) A health care service plan that provides, operates,
20or contracts for telephone medical advice services to its enrollees
21and subscribers shall do all of the following:

22(1) Ensure that the in-state or out-of-state telephone medical
23advice service complies with the requirements of Chapter 15
24(commencing with Section 4999) of Division 2 of the Business
25and Professions Code.

26(2) Ensure that the staff providing telephone medical advice
27services for the in-state or out-of-state telephone medical advice
28service are licensed as follows:

29(A) For full service health care service plans, the staff hold a
30valid California license as a registered nurse or a valid license in
31the state within which they provide telephone medical advice
32services as a physician and surgeon or physician assistant, and are
33operating in compliance with the laws governing their respective
34scopes of practice.

35(B) (i) For specialized health care service plans providing,
36operating, or contracting with a telephone medical advice service
37in California, the staff shall be appropriately licensed, registered,
38or certified as a dentist pursuant to Chapter 4 (commencing with
39Section 1600) of Division 2 of the Business and Professions Code,
40as a dental hygienist pursuant to Article 7 (commencing with
P58   1Section 1740) of Chapter 4 of Division 2 of the Business and
2Professions Code, as a physician and surgeon pursuant to Chapter
35 (commencing with Section 2000) of Division 2 of the Business
4and Professions Code or the Osteopathic Initiative Act, as a
5registered nurse pursuant to Chapter 6 (commencing with Section
62700) of Division 2 of the Business and Professions Code, as a
7psychologist pursuant to Chapter 6.6 (commencing with Section
82900) of Division 2 of the Business and Professions Code, as an
9optometrist pursuant to Chapter 7 (commencing with Section 3000)
10of Division 2 of the Business and Professions Code, as a marriage
11and family therapist pursuant to Chapter 13 (commencing with
12Section 4980) of Division 2 of the Business and Professions Code,
13as a licensed clinical social worker pursuant to Chapter 14
14(commencing with Section 4991) of Division 2 of the Business
15and Professions Code, as a professional clinical counselor pursuant
16to Chapter 16 (commencing with Section 4999.10) of Division 2
17of the Business and Professions Code, or as a chiropractor pursuant
18to the Chiropractic Initiative Act, and operating in compliance
19with the laws governing their respective scopes of practice.

20(ii) For specialized health care service plans providing,
21 operating, or contracting with an out-of-state telephone medical
22advice service, the staff shall be health care professionals, as
23identified in clause (i), who are licensed, registered, or certified
24in the state within which they are providing the telephone medical
25advice services and are operating in compliance with the laws
26governing their respective scopes of practice. All registered nurses
27providing telephone medical advice services to both in-state and
28out-of-state business entities registered pursuant to this chapter
29shall be licensed pursuant to Chapter 6 (commencing with Section
302700) of Division 2 of the Business and Professions Code.

31(3) Ensure that every full service health care service plan
32provides for a physician and surgeon who is available on an on-call
33basis at all times the service is advertised to be available to
34enrollees and subscribers.

35(4) Ensure that staff members handling enrollee or subscriber
36calls, who are not licensed, certified, or registered as required by
37paragraph (2), do not provide telephone medical advice. Those
38staff members may ask questions on behalf of a staff member who
39is licensed, certified, or registered as required by paragraph (2),
40in order to help ascertain the condition of an enrollee or subscriber
P59   1so that the enrollee or subscriber can be referred to licensed staff.
2However, under no circumstances shall those staff members use
3the answers to those questions in an attempt to assess, evaluate,
4advise, or make any decision regarding the condition of an enrollee
5or subscriber or determine when an enrollee or subscriber needs
6to be seen by a licensed medical professional.

7(5) Ensure that no staff member uses a title or designation when
8speaking to an enrollee or subscriber that may cause a reasonable
9person to believe that the staff member is a licensed, certified, or
10 registered professional described in Section 4999.2 of the Business
11and Professions Code unless the staff member is a licensed,
12certified, or registered professional.

13(6) Ensure that the in-state or out-of-state telephone medical
14advice service designates an agent for service of process in
15California and files this designation with the director.

16(7) Require that the in-state or out-of-state telephone medical
17advice service makes and maintains records for a period of five
18years after the telephone medical advice services are provided,
19including, but not limited to, oral or written transcripts of all
20medical advice conversations with the health care service plan’s
21enrollees or subscribers in California and copies of all complaints.
22If the records of telephone medical advice services are kept out of
23state, the health care service plan shall, upon the request of the
24director, provide the records to the director within 10 days of the
25request.

26(8) Ensure that the telephone medical advice services are
27provided consistent with good professional practice.

28(b) The director shall forward to the Department of Consumer
29Affairs, within 30 days of the end of each calendar quarter, data
30regarding complaints filed with the department concerning
31telephone medical advice services.

32(c) For purposes of this section, “telephone medical advice”
33means a telephonic communication between a patient and a health
34care professional in which the health care professional’s primary
35function is to provide to the patient a telephonic response to the
36patient’s questions regarding his or her or a family member’s
37medical care or treatment. “Telephone medical advice” includes
38assessment, evaluation, or advice provided to patients or their
39family members.

P60   1

begin deleteSEC. 44.end delete
2
begin insertSEC. 43.end insert  

Section 10279 of the Insurance Code is amended to
3read:

4

10279.  

(a) Every disability insurer that provides group or
5individual policies of disability, or both, that provides, operates,
6or contracts for, telephone medical advice services to its insureds
7shall do all of the following:

8(1) Ensure that the in-state or out-of-state telephone medical
9advice service complies with the requirements of Chapter 15
10(commencing with Section 4999) of Division 2 of the Business
11and Professions Code.

12(2) Ensure that the staff providing telephone medical advice
13services for the in-state or out-of-state telephone medical advice
14service hold a valid California license as a registered nurse or a
15valid license in the state within which they provide telephone
16medical advice services as a physician and surgeon or physician
17assistant and are operating consistent with the laws governing their
18respective scopes of practice.

19(3) Ensure that a physician and surgeon is available on an on-call
20basis at all times the service is advertised to be available to
21enrollees and subscribers.

22(4) Ensure that the in-state or out-of-state telephone medical
23advice service designates an agent for service of process in
24California and files this designation with the commissioner.

25(5) Require that the in-state or out-of-state telephone medical
26advice service makes and maintains records for a period of five
27years after the telephone medical advice services are provided,
28including, but not limited to, oral or written transcripts of all
29medical advice conversations with the disability insurer’s insureds
30in California and copies of all complaints. If the records of
31telephone medical advice services are kept out of state, the insurer
32shall, upon the request of the director, provide the records to the
33director within 10 days of the request.

34(6) Ensure that the telephone medical advice services are
35provided consistent with good professional practice.

36(b) The commissioner shall forward to the Department of
37Consumer Affairs, within 30 days of the end of each calendar
38quarter, data regarding complaints filed with the department
39concerning telephone medical advice services.

P61   1

begin deleteSEC. 45.end delete
2
begin insertSEC. 44.end insert  

No reimbursement is required by this act pursuant to
3Section 6 of Article XIII B of the California Constitution because
4the only costs that may be incurred by a local agency or school
5district will be incurred because this act creates a new crime or
6infraction, eliminates a crime or infraction, or changes the penalty
7for a crime or infraction, within the meaning of Section 17556 of
8the Government Code, or changes the definition of a crime within
9the meaning of Section 6 of Article XIII B of the California
10Constitution.



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