BILL NUMBER: AB 1496 AMENDED
BILL TEXT
AMENDED IN SENATE AUGUST 23, 1999
AMENDED IN SENATE JUNE 28, 1999
AMENDED IN ASSEMBLY APRIL 14, 1999
INTRODUCED BY Assembly Member Olberg
FEBRUARY 26, 1999
An act to amend Sections 4034, 4130, 4131, 4132, 4133, 4134, 4135,
4136, 4137, 4312, 4331, 4400, and 19170 of, and to add
Sections 4034.1 and 4130.5 19051, 19055, and 19059.5
of, and to add Section 4034.1 to, the Business and Professions
Code, relating to home medical equipment services providers, and
making an appropriation therefor.
LEGISLATIVE COUNSEL'S DIGEST
AB 1496, as amended, Olberg. Home medical equipment services
providers.
Existing law, the Pharmacy Law, provides for the licensure and
regulation of medical device retailers. A knowing violation of the
provisions of the Pharmacy Law is a crime punishable as a misdemeanor
or an infraction, as specified.
This bill would instead provide for similar licensure and
regulation of home medical equipment services providers, as defined.
The bill would provide for exemption from licensure for enumerated
entities.
Existing law requires certain written polices and procedures to
include emergency services.
The bill would additionally require access to emergency services
24 hours per day, 365 days per year to be available for equipment
maintenance or replacement if equipment malfunction may threaten the
health of a patient.
The bill would also exempt from a licensure
fee related to home furnishings a home medical equipment
services provider that dispenses or provides hospital beds
or wheelchairs pursuant to a prescription from a physician for
individual use, and provide for specified enforcement of provisions
governing their dispensation or provision by the Board of Pharmacy
from specified licensing provisions related to home
furnishings .
By expanding the scope of an existing crime, the bill would impose
a state-mandated local program.
By creating a new source of funds deposited into the Pharmacy
Board Contingent Fund, a continuously appropriated fund, the bill
would make an appropriation.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: yes. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 4034 of the Business and Professions Code is
amended to read:
4034. (a) "Home medical equipment services provider" is an area,
place, or premises, other than a pharmacy, in and from which
dangerous devices, if authorized, home medical equipment, and home
medical equipment services are sold, fitted, or dispensed pursuant to
prescription. "Home medical equipment services provider" includes,
but is not limited to, any area, place, or premises described in a
license issued by the board wherein dangerous devices, if authorized,
home medical equipment and home medical equipment services are
stored, possessed, prepared, manufactured, or repackaged, and from
which the dangerous devices, if authorized, home medical equipment
and home medical equipment services are furnished, sold, or dispensed
at retail.
(b) "Home medical equipment services provider" shall not include
any area in a facility licensed by the State Department of Health
Services where floor supplies, ward supplies, operating room
supplies, or emergency room supplies of dangerous devices are stored
or possessed solely for treatment of patients registered for
treatment in the facility or for treatment of patients receiving
emergency care in the facility.
(c) "Home medical equipment services provider" shall not include
any area of a home health agency licensed under Chapter 8 (commencing
with Section 1725) of, or a hospice licensed under Chapter 8.5
(commencing with Section 1745) of, Division 2 of the Health and
Safety Code, where the supplies specified in subdivision (c) of
Section 4057 are stored or possessed solely for treatment of patients
by a home health agency or licensed hospice, as long as all
dangerous drugs or devices are furnished to these patients only upon
the prescription or order of a physician, dentist, or podiatrist.
SEC. 2. Section 4034.1 is added to the Business and Professions
Code, to read:
4034.1. In addition to the definitions in Section 4034, all of
the following definitions shall apply:
(a) "Home medical equipment services provider" means an
individual, entity, or corporation engaged in the business of
providing home medical equipment services, directly or through
contractual arrangement, to an unrelated sick or disabled individual
where that individual resides.
(b) "Home medical equipment services" means the delivery,
installation, maintenance, replacement of, or instruction in the use
of, home medical equipment used by a sick or disabled individual to
allow the individual to be maintained in a residence.
(c) "Home medical equipment" means technologically sophisticated
medical devices usable in a home care setting, including, but not
limited to, all of the following:
(1) Oxygen and oxygen delivery systems.
(2) Ventilators.
(3) Continuous Positive Airway Pressure devices (CPAP).
(4) Respiratory disease management services.
(5) Hospital beds and commodes.
(6) Electronic and computer driven wheelchairs and seating
systems.
(7) Apnea monitors.
(8) Low air loss continuous pressure management devices.
(9) Transcutaneous Electrical Nerve Stimulator (TENS) units.
(10) Dangerous devices, as defined in Section 4022.
(11) Distribution of medical gases to end users for human
consumption.
(12) Disposable medical supplies.
(13) Any other similar equipment as defined in regulations
adopted by the board.
(d) The term "home medical equipment" does not include any of the
following:
(1) Medical equipment used or dispensed in the normal course of
treating patients by hospitals and nursing facilities, other than
medical equipment delivered or dispensed by a separate unit or
subsidiary corporation of a hospital or nursing facility or agency
that is in the business of delivering home medical equipment to an
individual's residence.
(2) Prosthetics and orthotics.
(3) Canes, crutches, walkers, and bathtub grab bars.
(4) Medical equipment provided through a physician's office
incident to a physician's service.
(5) Equipment provided by a pharmacist that is used to administer
drugs or medicine that can be dispensed only by a pharmacist.
(6) Enteral and parenteral equipment provided by a pharmacist.
SEC. 3. Section 4130 of the Business and Professions Code is
amended to read:
4130. (a) No person shall conduct a home medical equipment
services provider business in the State of California unless he or
she has obtained a license from the board. A license shall be
required for each home medical equipment services provider owned or
operated by a specific person. A separate license shall be required
for each of the premises of any person operating a home medical
equipment services provider in more than one location. The license
shall be renewed annually and shall not be transferable.
(b) A warehouse owned by a home medical equipment services
provider, the primary purpose of which is storage, not dispensing of
dangerous devices to patients, shall be licensed at a fee one-half of
that for a home medical equipment services provider. There shall be
no separate or additional license fee for warehouse premises owned
by a home medical equipment services provider that are physically
connected to the retail premises or that share common access.
(c) The board may, at its discretion, issue a temporary license,
when the ownership of a home medical equipment services provider is
transferred from one person to another, upon any conditions and for
the periods of time as the board determines to be in the public
interest. A temporary license fee shall be established by the board
at an amount not to exceed the annual fee for renewal of a license to
conduct a home medical equipment services provider.
(d) Notwithstanding any other provision of law, a home medical
equipment services provider may furnish a prescription device to a
licensed health care facility for storage in a secured emergency
pharmaceutical supplies container maintained within the facility in
accordance with facility regulations of the State Department of
Health Services set forth in Title 22 of the California Code of
Regulations.
(e) The licensure requirements of this section shall not apply to
the following entities or practitioners, unless the entities or
practitioners furnish home medical equipment services through a
separate entity, including, but not limited to, a corporate entity,
division, or other business entity:
(1) Home health agencies that do not have a Part B Medicare
supplier number.
(2) Hospitals, excluding providers of home medical equipment that
are owned or related to a hospital.
(3) Manufacturers and wholesale distributors, when not selling
directly to the patient.
(4) Health care practitioners legally eligible to prescribe or
order home medical equipment, or who use home medical equipment, or
who use home medical equipment to treat their patients, including,
but not limited to, physicians, nurses, physical therapists,
respiratory therapists, occupational therapists, speech pathologists,
optometrists, chiropractors, and podiatrists.
(5) Pharmacists and pharmacies. Pharmacies that sell or rent home
medical equipment shall be governed by other provisions of this
chapter and any rules and regulations adopted under this chapter.
(6) Hospice programs.
(7) Nursing homes.
(8) Veterinarians.
(9) Dentists.
(10) Emergency medical services.
SEC. 4. Section 4130.5 is added to the Business and Professions
Code, to read:
4130.5. Notwithstanding any other provision of law, the board
shall enforce any statutory provisions governing the dispensation or
provision of hospital beds or wheelchairs pursuant to a prescription
from a physician for individual use, and shall regulate any entity
licensed as a home medical equipment provider pursuant to Section
4130 as necessary for the purpose of enforcing those provisions.
SEC. 5.
SEC. 4. Section 4131 of the Business and Professions Code is
amended to read:
4131. (a) The following minimum standards shall apply to all home
medical equipment services providers licensed by the board:
(1) Each licensee shall store dangerous devices in a secure,
lockable area.
(2) Each licensee shall maintain the premises, fixtures, and
equipment in a clean and orderly condition.
(3) Each licensee shall maintain the premises in a dry,
well-ventilated condition, free from rodents and insects, and with
adequate lighting.
(b) The board may, by regulation, impose any other minimum
standards pertaining to acquisition, storage, and maintenance of
dangerous devices or other goods, or to maintenance, or condition of
the licensed premises of any home medical equipment services
providers as the board determines are reasonably necessary.
SEC. 6.
SEC. 5. Section 4132 of the Business and Professions Code is
amended to read:
4132. (a) Each home medical equipment services provider shall
have written policies and procedures related to home medical
equipment services provider handling and, if authorized by the board
pursuant to Section 4133, the dispensing of dangerous devices. Those
written policies and procedures shall include, but not be limited
to:
(1) Training of staff, patients, and caregivers.
(2) Cleaning, storage, and maintenance of home medical equipment.
(3) Emergency services. If equipment malfunction may threaten a
patient's health, access to emergency services 24 hours per day, 365
days per year shall be available for equipment maintenance or
replacement.
(4) Recordkeeping requirements.
(5) Storage and security requirements.
(6) Quality assurance.
(b) The home medical equipment services provider shall make
consultation available to the patient or primary caregiver about
proper use of devices and related supplies furnished by the home
medical equipment services provider. The home medical equipment
services provider shall notify the patient or primary caregiver that
consultation is available.
(c) Each licensee shall ensure all personnel of the home medical
equipment services provider who engage in the taking of orders for,
the selling of, or the fitting of dangerous devices, if authorized by
the board pursuant to Section 4133, shall have training and
demonstrate initial and continuing competence in the order-taking,
fitting, and sale of dangerous devices that the home medical
equipment services provider furnishes pursuant to Section 4133. The
pharmacist-in-charge or exemptee shall be jointly responsible with
the owner or owners of the home medical equipment services provider
for compliance with the requirement.
(d) Each licensee shall prepare and maintain records of training
and demonstrated competence for each individual employed or retained
by the licensee. The records shall be maintained for three years
from and after the last date of employment.
(e) Each licensee shall have an ongoing, documented quality
assurance program that includes, but is not limited to, the
following:
(1) Monitoring personnel performance.
(2) Storage, maintenance, and dispensing of dangerous devices.
(f) The records and documents specified in subdivisions (a) and
(e) shall be maintained for three years from the date of making. The
records and documents in subdivisions (a), (d), and (e), shall be,
at all times during business hours, open to inspection by authorized
officers of the law.
SEC. 7.
SEC. 6. Section 4133 of the Business and Professions Code is
amended to read:
4133. Section 4051 shall not prohibit a home medical equipment
services provider from selling or dispensing dangerous devices if the
board finds that sufficient qualified supervision is employed by the
home medical equipment services provider to adequately safeguard and
protect the public health. Each person applying for an exemption
shall meet the following requirements to obtain and maintain that
exemption:
(a) The home medical equipment services provider shall be in
charge of a pharmacist or an exempt person who has taken and passed
an examination administered by the board and whose certificate of
exemption is currently valid.
(b) The pharmacist or exempt person shall be on the premises at
all times dangerous devices are available for sale or fitting unless
dangerous devices are stored separately from other merchandise and
are under the exclusive control of the pharmacist or exemptee. A
pharmacist or an exemptee need not be present in the warehouse
facility of a home medical equipment services provider unless the
board establishes that requirement by regulation based upon the need
to protect the public.
(c) The board may require an exempt person to complete a
designated number of hours of coursework in board-approved courses of
home health education as a condition in connection with any
disciplinary action taken against the exempt person.
(d) Each premises maintained by a home medical equipment services
provider shall have a license issued by the board and shall have a
pharmacist or exempt person on the premises if dangerous devices are
furnished, sold, or dispensed.
(e) A home medical equipment services provider may establish
locked storage (a lock box or locked area) for emergency or after
working hours furnishing of dangerous devices. Locked storage may be
installed or placed in a service vehicle of the home medical
equipment services provider for emergency or after hours service to
patients having prescriptions for dangerous devices.
(f) The board may, by regulation, authorize a pharmacist or exempt
person to direct an employee of the home medical equipment services
provider who operates the service vehicle equipped with locked
storage described in subdivision (e) to deliver a dangerous device
from the locked storage to patients having prescriptions for
dangerous devices. These regulations shall establish inventory
requirements for the locked storage by a pharmacist or exempt person
to take place shortly after a dangerous device has been delivered
from the locked storage to a patient.
SEC. 8.
SEC. 7. Section 4134 of the Business and Professions Code is
amended to read:
4134. (a) No person other than a pharmacist, an intern
pharmacist, an exempt person, as specified in Section 4133, or an
authorized officer of the law or a person authorized to prescribe,
shall be permitted in that area, place, or premises described in the
license issued by the board wherein dangerous devices as therein
defined are stored, possessed, prepared, manufactured, or repacked,
except that a pharmacist or exemptee shall be responsible for any
individual who enters the home medical equipment services provider
for the purposes of receiving fitting or consultation from the
pharmacist or exemptee or any person performing clerical, inventory
control, housekeeping, delivery, maintenance, or similar functions
relating to the home medical equipment services provider. The
pharmacist or exemptee shall remain present in the home medical
equipment services provider any time an individual is present who is
seeking a fitting or consultation. However, an exemptee need not be
present on the premises of a home medical equipment services provider
at all times of operation and need not be present in a warehouse
facility owned by a home medical equipment services provider unless
the board establishes that requirement by regulation based upon the
need to protect the public. The exemptee need not be present if the
dangerous devices are stored in a secure locked area, under the
exclusive control of the exemptee, and unavailable for dispensing.
This subdivision shall apply only to dangerous devices, as defined in
Section 4022.
(b) A "warehouse" as used in this section, is a facility owned by
a home medical equipment services provider that is used for storage
only. There shall be no fitting, display, or sales at the location.
A pharmacist or exemptee shall be designated as "in charge" of a
warehouse but need not be present during operation. The pharmacist
or exemptee may permit others to possess a key to the warehouse.
(c) Notwithstanding the remainder of this section, a home medical
equipment services provider may establish a locked facility, meeting
the requirements of Section 4133, for furnishing dangerous devices to
patients having prescriptions for dangerous devices in emergencies
or after working hours.
(d) The board may by regulation establish reasonable security
measures consistent with this section in order to prevent
unauthorized persons from gaining access to the area, place, or
premises, or to the dangerous devices therein.
(e) The board may by regulation establish a list of those
dangerous devices that may be maintained, dispensed, sold, or
furnished only by a pharmacist in a pharmacy. In establishing or
modifying that list, the board shall consider factors, including, but
not limited to:
(1) The potential for abuse or spread of illness.
(2) The danger to the public if the device is not so restricted.
(3) The potential danger to minors if the device is not so
restricted.
(f) The board may, by regulation, establish labeling requirements
for dangerous devices sold, fitted, or dispensed by a home medical
equipment services provider as it deems necessary for the protection
of the public.
SEC. 9.
SEC. 8. Section 4135 of the Business and Professions Code is
amended to read:
4135. Home medical equipment for rental purposes shall, at all
times while under control of the home medical equipment services
provider, be maintained in a clean and sanitary condition and in good
working order, following, where available, manufacturer
specifications.
SEC. 10.
SEC. 9. Section 4136 of the Business and Professions Code is
amended to read:
4136. (a) A nonresident home medical equipment services provider
shall not sell or distribute dangerous devices in this state through
any person or media other than a wholesaler who is licensed pursuant
to this chapter without registering as a nonresident home medical
equipment services provider.
(b) Applications for a nonresident home medical equipment services
provider registration shall be made on a form furnished by the
board. The board may require any information it deems reasonably
necessary to carry out the purposes of this section.
(c) The Legislature, by enacting this section, does not intend a
license issued to any nonresident home medical equipment services
provider pursuant to this section to change or affect the tax
liability imposed by Chapter 3 (commencing with Section 23501) of
Part 11 of Division 2 of the Revenue and Taxation Code on any
nonresident home medical equipment services provider.
(d) The Legislature, by enacting this section, does not intend a
registration issued to any nonresident home medical equipment
services provider pursuant to this section to serve as any evidence
that the nonresident home medical equipment services provider is
doing business within this state.
SEC. 11.
SEC. 10. Section 4137 of the Business and Professions Code
is amended to read:
4137. When, in the opinion of the board, a high standard of
patient safety, consistent with good patient care, can be provided by
the licensure of a home medical equipment services provider that
does not meet all of the requirements for licensure as a home medical
equipment services provider, the board may waive any licensing
requirements.
SEC. 12.
SEC. 11. Section 4312 of the Business and Professions Code
is amended to read:
4312. (a) The board may void the license of a wholesaler,
pharmacy, home medical equipment services provider, or veterinary
food-animal drug retailer if the licensed premises remains closed, as
defined in subdivision (e), other than by order of the board. For
good cause shown, the board may void a license after a shorter period
of closure. To void a license pursuant to this subdivision, the
board shall make a diligent, good faith effort to give notice by
personal service on the licensee. If no written objection is
received within 10 days after personal service is made or a diligent,
good faith effort to give notice by personal service on the licensee
has failed, the board may void the license without the necessity of
a hearing. If the licensee files a written objection, the board
shall file an accusation based on the licensee remaining closed.
Proceedings shall be conducted in accordance with Chapter 5
(commencing with Section 11500) of Part 1 of Division 3 of Title 2 of
the Government Code, and the board shall have all the powers granted
in that chapter.
(b) In the event that the license of a wholesaler, pharmacy, home
medical equipment services provider, or veterinary food-animal drug
retailer is voided pursuant to subdivision (a) or revoked pursuant to
Article 9 (commencing with Section 4300), or a wholesaler, pharmacy,
home medical equipment services provider, or veterinary food-animal
drug retailer, notifies the board of its intent to remain closed or
to discontinue business, the licensee shall, within 10 days
thereafter, arrange for the transfer of all dangerous drugs and
controlled substances or dangerous devices to another licensee
authorized to possess the dangerous drugs and controlled substances
or dangerous devices. The licensee transferring the dangerous drugs
and controlled substances or dangerous devices shall immediately
confirm in writing to the board that the transfer has taken place.
(c) If a wholesaler, pharmacy, home medical equipment services
provider, or veterinary food-animal drug retailer fails to comply
with subdivision (b), the board may seek and obtain an order from the
superior court in the county in which the wholesaler, pharmacy, home
medical equipment services provider, or veterinary food-animal drug
retailer is located, authorizing the board to enter the wholesaler,
pharmacy, home medical equipment services provider, or veterinary
food-animal drug retailer and inventory and store, transfer, sell, or
arrange for the sale of, all dangerous drugs and controlled
substances and dangerous devices found in the wholesaler, pharmacy,
home medical equipment services provider, or veterinary food-animal
drug retailer.
(d) In the event that the board sells or arranges for the sale of
any dangerous drugs, controlled substances, or dangerous devices
pursuant to subdivision (c), the board may retain from the proceeds
of the sale an amount equal to the cost to the board of obtaining and
enforcing an order issued pursuant to subdivision (c), including the
cost of disposing of the dangerous drugs, controlled substances, or
dangerous devices. The remaining proceeds, if any, shall be returned
to the licensee from whose premises the dangerous drugs or
controlled substances or dangerous devices were removed.
(1) The licensee shall be notified of his or her right to the
remaining proceeds by personal service or by certified mail, postage
prepaid.
(2) Where a statute or regulation requires the licensee to file
with the board his or her address, and any change of address, the
notice required by this subdivision may be sent by certified mail,
postage prepaid, to the latest address on file with the board and
service of notice in this manner shall be deemed completed on the
10th day after the mailing.
(3) If the licensee is notified as provided in this subdivision,
and the licensee fails to contact the board for the remaining
proceeds within 30 calendar days after personal service has been made
or service by certified mail, postage prepaid, is deemed completed,
the remaining proceeds shall be deposited by the board into the
Pharmacy Board Contingent Fund. These deposits shall be deemed to
have been received pursuant to Chapter 7 (commencing with Section
1500) of Title 10 of Part 3 of the Code of Civil Procedure and shall
be subject to claim or other disposition as provided in that chapter.
(e) For the purposes of this section, "closed" means not engaged
in the ordinary activity for which a license has been issued for at
least one day each calendar week during any 120-day period.
(f) Nothing in this section shall be construed as requiring a
pharmacy to be open seven days a week.
SEC. 13.
SEC. 12. Section 4331 of the Business and Professions Code
is amended to read:
4331. (a) Any person who is neither a pharmacist nor an exemptee
and who takes charge of a home medical equipment services provider,
wholesaler, or veterinary food-animal drug retailer or who dispenses
a prescription or furnishes dangerous devices except as otherwise
provided in this chapter is guilty of a misdemeanor.
(b) Any person who has obtained a license to conduct a home
medical equipment services provider and who fails to place in charge
of that home medical equipment services provider a pharmacist or
exemptee, or any person who, by himself or herself, or by any other
person, permits the compounding or dispensing of prescriptions,
except by a pharmacist or exemptee, or as otherwise provided in this
chapter, is guilty of a misdemeanor.
(c) Any person who has obtained a license to conduct a veterinary
food-animal drug retailer and who fails to place in charge of that
veterinary food-animal drug retailer a pharmacist or exemptee, or any
person who, by himself or herself, or by any other person, permits
the dispensing of prescriptions, except by a pharmacist or exemptee,
or as otherwise provided in this chapter, is guilty of a misdemeanor.
(d) Any person who has obtained a license to conduct a wholesaler
and who fails to place in charge of that wholesaler a pharmacist or
exemptee, or any person who, by himself or herself, or by any other
person, permits the dispensing of prescriptions, except by a
pharmacist or exemptee, or as otherwise provided in this chapter, is
guilty of a misdemeanor.
SEC. 14.
SEC. 13. Section 4400 of the Business and Professions Code
is amended to read:
4400. The amount of fees and penalties prescribed by this
chapter, except as otherwise provided, is that fixed by the board
according to the following schedule:
(a) (1) The fee for a nongovernmental pharmacy license shall be
three hundred forty dollars ($340) and may be increased to four
hundred dollars ($400).
(2) The fee for a home medical equipment services provider license
shall not exceed the fee for a nongovernmental pharmacy license.
(b) The fee for a nongovernmental pharmacy or medical device retailer
annual renewal shall be one hundred seventy-five dollars ($175) and
may be increased to two hundred fifty dollars ($250).
(c) The fee for processing remodeling plans and inspecting a
remodeled pharmacy shall be one hundred thirty dollars ($130) and may
be increased to one hundred seventy-five dollars ($175).
(d) The fee for the pharmacist examination shall be one hundred
fifty-five dollars ($155) and may be increased to one hundred
eighty-five dollars ($185).
(e) The fee for regrading an examination shall be seventy-five
dollars ($75) and may be increased to eighty-five dollars ($85). If
an error in grading is found and the applicant passes the
examination, the regrading fee shall be refunded.
(f) The fee for a pharmacist license and biennial renewal shall be
one hundred fifteen dollars ($115) and may be increased to one
hundred fifty dollars ($150).
(g) The fee for a wholesaler license and annual renewal shall be
five hundred fifty dollars ($550) and may be increased to six hundred
dollars ($600).
(h) The fee for a hypodermic license and renewal shall be ninety
dollars ($90) and may be increased to one hundred twenty-five dollars
($125).
(i) The fee for examination and investigation for an exemptee
license under Sections 4053 and 4054 shall be seventy-five dollars
($75) and may be increased to one hundred dollars ($100), except for
a veterinary food-animal drug retailer exemptee, for whom the fee
shall be one hundred dollars ($100).
(j) The fee for an exemptee license and annual renewal under
Sections 4053 and 4054 shall be one hundred ten dollars ($110) and
may be increased to one hundred fifty dollars ($150), except that the
fee for the issuance of a veterinary food-animal drug retailer
exemptee license shall be one hundred fifty dollars ($150), for
renewal one hundred ten dollars ($110), which may be increased to one
hundred fifty dollars ($150), and for filing a late renewal
fifty-five dollars ($55).
(k) The fee for an out-of-state drug distributor's license and
annual renewal issued pursuant to Section 4120 shall be five hundred
fifty dollars ($550) and may be increased to six hundred dollars
($600).
(l) The fee for registration and annual renewal of providers of
continuing education shall be one hundred dollars ($100) and may be
increased to one hundred thirty dollars ($130).
(m) The fee for evaluation of continuing education courses for
accreditation shall be set by the board at an amount not to exceed
forty dollars ($40) per course hour.
(n) The fee for evaluation of applications submitted by graduates
of foreign colleges of pharmacy or colleges of pharmacy not
recognized by the board shall be one hundred sixty-five dollars
($165) and may be increased to one hundred seventy-five dollars
($175).
(o) The fee for an intern license or extension shall be sixty-five
dollars ($65) and may be increased to seventy-five dollars ($75).
The fee for transfer of intern hours or verification of licensure to
another state shall be fixed by the board not to exceed twenty
dollars ($20).
(p) The board may, by regulation, provide for the waiver or refund
of the additional fee for the issuance of a certificate where the
certificate is issued less than 45 days before the next succeeding
regular renewal date.
(q) The fee for the reissuance of any license, or renewal thereof,
that has been lost or destroyed or reissued due to a name change is
thirty dollars ($30).
(r) The fee for the reissuance of any license, or renewal thereof,
that must be reissued because of a change in the information, is
sixty dollars ($60) and may be increased to one hundred dollars
($100).
(s) It is the intent of the Legislature that, in setting fees
pursuant to this section, the board shall seek to maintain a reserve
in the Pharmacy Board Contingent Fund equal to approximately one year'
s operating expenditures.
(t) The fee for any applicant for a clinic permit is three hundred
forty dollars ($340) and may be increased to four hundred dollars
($400) for each permit. The annual fee for renewal of the permit is
one hundred seventy-five dollars ($175) and may be increased to two
hundred fifty dollars ($250) for each permit.
(u) The board shall charge a fee for the processing and issuance
of a registration to a pharmacy technician and a separate fee for the
biennial renewal of the registration. The registration fee shall be
twenty-five dollars ($25) and may be increased to fifty dollars
($50). The biennial renewal fee shall be twenty-five dollars ($25)
and may be increased to fifty dollars ($50).
(v) The fee for a veterinary food-animal drug retailer license
shall be four hundred dollars ($400). The annual renewal fee for a
veterinary food-animal drug retailer shall be two hundred fifty
dollars ($250).
(w) The fee for issuance of a retired license pursuant to Section
4200.5 shall be thirty dollars ($30).
SEC. 15. Section 19170 of the Business and Professions Code is
amended to read:
19170. (a) The fee imposed for the issuance and for the biennial
renewal of each license granted under this chapter shall be set by
the chief, with the approval of the director, at a sum not more nor
less than that shown in the following table:
Maximum Minimum
fee fee
Importer's license ....................... $540 $120
Furniture and bedding manufacturer's
license ................................ 540 120
Wholesale furniture and bedding dealer's
license ................................ 540 120
Supply dealer's license .................. 540 120
Custom upholsterer's license ............. 360 80
Sanitizer's license ...................... 360 80
Retail furniture and bedding dealer's
license ................................ 240 40
Retail furniture dealer's license ........ 120 20
Retail bedding dealer's license .......... 120 20
(b) Individuals who, in their own homes and without the employment
of any other person, make, sell, advertise, or contract to make
pillows, quilts, quilted pads, or comforters are exempt from the fee
requirements imposed by subdivision (a). However, these individuals
shall comply with all other provisions of this chapter.
(c) Retailers who only sell "used" and "antique" furniture as
defined in Sections 19008.1 and 19008.2 are exempt from the fee
requirements imposed by subdivision (a). Those retailers are also
exempt from the other provisions of this chapter.
(d) A person who makes, sells, or advertises upholstered furniture
and bedding as defined in Sections 19006 and 19007, and who also
makes, sells, or advertises furniture used exclusively for the
purpose of physical fitness and exercise, shall comply with the fee
requirements imposed by subdivision (a).
(e) It is the intent of the Legislature that upon the enactment of
the amendments to this section, the two hundred twenty-four thousand
dollars ($224,000) unallocated reduction proposed in the 1993-94
Governor's Budget shall be restored to the Bureau of Home Furnishings
and Thermal Insulation Fund.
(f) Any entity licensed as a home medical equipment services
provider pursuant to Section 4130 that dispenses or provides hospital
beds or wheelchairs pursuant to a prescription from a physician for
individual use, shall be exempt from the fee requirement imposed by
subdivision (a), and shall not be subject to regulation by the Bureau
of Home Furnishings and Thermal Insulation pursuant to any statute
governing dispensing or providing hospital beds or wheelchairs
pursuant to a prescription from a physician for individual use.
SEC. 16.
SEC. 14. Section 19051 of the Business and Professions Code is
amended to read:
19051. Every upholstered-furniture retailer, unless he or she
holds an importer's license, a furniture and bedding manufacturer's
license, a wholesale furniture and bedding dealer's license, a custom
upholsterer's license, or a retail furniture and bedding dealer's
license shall hold a retail furniture dealer's license.
(a) This section does not apply to a person whose sole
business is designing and specifying for interior spaces, and who
purchases specific amenable upholstered furniture items on behalf of
a client, provided that the furniture is purchased from an
appropriately licensed importer, wholesaler, or retailer. This
section does not apply to a person who sells "used" and "antique"
furniture as defined in Sections 19008.1 and 19008.2.
(b) This section does not apply to a person who is licensed as a
home medical equipment services provider by the California State
Board of Pharmacy, provided that the furniture is purchased from an
appropriately licensed importer, wholesaler, or retailer.
SEC. 15. Section 19055 of the Business and Professions Code is
amended to read:
19055. Every bedding retailer, unless he or she holds an importer'
s license, an upholstered-furniture and bedding manufacturer's
license, a wholesale upholstered-furniture and bedding dealer's
license, or a retail furniture and bedding dealer's license, shall
hold a retail bedding dealer's license.
(a) This section does not apply to a person whose sole
business is designing and specifying for interior spaces, and who
purchases specific amenable bedding items on behalf of a client,
provided that the bedding is purchased from an appropriately licensed
importer, wholesaler, or retailer.
(b) This section does not apply to a person who is licensed as a
home medical equipment services provider by the California State
Board of Pharmacy, provided that the bedding is purchased from an
appropriately licensed importer, wholesaler, or retailer.
SEC. 16. Section 19059.5 of the Business and Professions Code is
amended to read:
19059.5. Every sanitizer , unless he or she holds a
license as an upholstered furniture and bedding manufacturer, retail
furniture and bedding dealer, retail bedding dealer, or a custom
upholsterer, shall hold a sanitizer's license unless
he or she is licensed as a home medical equipment services provider
by the California State Board of Pharmacy .
SEC. 17. (a) Any entity that holds a current, valid license
as a medical device retailer on January 1, 2000, shall be deemed to
be a licensed home medical equipment services provider until January
1, 2001, or until the renewal date of the license, whichever occurs
first, provided the entity is in compliance with all applicable
criteria for obtaining a license as a home medical equipment services
provider.
(b) Any entity that was not required to obtain a license as a
medical device retailer in order to provide equipment or services
prior to January 1, 2000, and that is required to obtain a license as
a home medical equipment services provider pursuant to this act,
shall apply for a license as a home medical equipment services
provider by July 1, 2000; however, the requirement for licensure
shall only apply to those entities on and after January 1, 2001.
SEC. 17.
SEC. 18. No reimbursement is required by this act pursuant
to Section 6 of Article XIIIB of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIIIB of the California Constitution.