Bill Text: CA SB1039 | 2015-2016 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Professions and vocations.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2016-09-29 - Chaptered by Secretary of State. Chapter 799, Statutes of 2016. [SB1039 Detail]

Download: California-2015-SB1039-Introduced.html

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BILL NUMBER: SB 1039	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Hill

                        FEBRUARY 12, 2016

   An act to amend Sections 1636.4, 2811.5, 8516, 8518, and 8555 of
the Business and Professions Code, relating to professions and
vocations, and making an appropriation therefor.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1039, as introduced, 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) The Dental Practice Act provides for the licensure and
regulation of persons engaged in the practice of dentistry by the
Dental Board of California, which is within the Department of
Consumer Affairs, and requires the board to be responsible for the
approval of foreign dental schools by evaluating foreign dental
schools based on specified criteria. That act authorizes the board to
contract with outside consultants or a national professional
organization to survey and evaluate foreign dental schools, as
specified. That act requires the board to establish a technical
advisory group to review the survey and evaluation contracted for
prior to the board taking any final action regarding a foreign dental
school. That act also requires periodic surveys and evaluations of
all approved schools be made to ensure compliance with the act.
   This bill would delete the authorization to contract with outside
consultants and would instead authorize the board, in lieu of
conducting its own survey and evaluation of a foreign dental school,
to accept the findings of any commission or accreditation agency
approved by the board, if the findings meet specified standards, and
adopt those findings as the board's own. The bill would delete the
requirement to establish a technical advisory group. The bill would
instead authorize periodic surveys and evaluations be made to ensure
compliance with that act.
   (3) 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.
   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.
   (4) 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.
   Existing law provides that the laws governing structural pest
control operators, including licensure, does not apply to persons
engaged in the live capture and removal of vertebrate pests, bees, or
wasps from a structure without the use of pesticides.
   This bill would instead apply those laws to persons that engage in
the live capture and removal of vertebrate pests without the use of
pesticides. By requiring persons that engaged in the live capture and
removal of vertebrate pests without the use of pesticides to comply
with the laws governing structural pest control operators, this bill
would expand an existing crime, and would, therefore, impose a
state-mandated local program. By requiring those person to be
licensed, this bill would require them to pay a licensee fee that
would go into a continuously appropriated fund, which would,
therefore, result in an appropriation.
   (5) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.
   Vote: majority. Appropriation: yes. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  It is the intent of the Legislature to enact future
legislation that would establish a Dental Corps Scholarship Program
within the Health and Professions Education Foundation to increase
the supply of dentists serving in medically underserved areas.
  SEC. 2.  Section 1636.4 of the Business and Professions Code is
amended to read:
   1636.4.  (a) The Legislature recognizes the need to ensure that
graduates of foreign dental schools who have received an education
that is equivalent to that of accredited institutions in the United
States and that adequately prepares their students for the practice
of dentistry shall be subject to the same licensure requirements as
graduates of approved dental schools or colleges. It is the purpose
of this section to provide for the evaluation of foreign dental
schools and the approval of those foreign dental schools that provide
an education that is equivalent to that of similar accredited
institutions in the United States and that adequately prepare their
students for the practice of dentistry.
   (b) The board shall be responsible for the approval of foreign
dental schools based on standards established pursuant to subdivision
 (d). The board may contract with outside consultants or a
national professional organization to survey and evaluate foreign
dental schools. The consultant or organization shall report to the
board regarding its findings in the survey and evaluation. 
 (c). The board may, in lieu of conducting its own survey and
evaluation of a foreign dental school, accept the findings of any
commission or accreditation agency approved by the board if the
findings meet the standards of subdivision (c) and adopt those
findings as the board's own.  
   (c) The board shall establish a technical advisory group to review
and comment upon the survey and evaluation of a foreign dental
school contracted for pursuant to subdivision (b), prior to any final
action by the board regarding certification of the foreign dental
school. The technical advisory group shall be selected by the board
and shall consist of four dentists, two of whom shall be selected
from a list of five recognized United States dental educators
recommended by the foreign school seeking approval. None of the
members of the technical advisory group shall be affiliated with the
school seeking certification.  
   (d) 
    (c)  Any foreign dental school that wishes to be
approved pursuant to this section shall make application to the board
for this approval, which shall be based upon a finding  by the
board  that the educational program of the foreign dental school
is equivalent to that of similar accredited institutions in the
United States and adequately prepares its students for the practice
of dentistry. Curriculum, faculty qualifications, student attendance,
plant and facilities, and other relevant factors shall be reviewed
and evaluated. The  board, with the cooperation of the
technical advisory group,   board  shall identify
by rule the standards and review procedures and methodology to be
used in the approval process consistent with this subdivision. The
board shall not grant approval if deficiencies found are of such
magnitude as to prevent the students in the school from receiving an
educational base suitable for the practice of dentistry. 
   (e) 
    (d)  Periodic surveys and evaluations of all approved
schools  shall   may  be made to ensure
continued compliance with this section. Approval shall include
provisional and full approval. The provisional form of approval shall
be for a period determined by the board, not to exceed three years,
and shall be granted to an institution, in accordance with rules
established by the board, to provide reasonable time for the school
seeking permanent approval to overcome deficiencies found by the
board. Prior to the expiration of a provisional approval and before
the full approval is granted, the school shall be required to submit
evidence that deficiencies noted at the time of initial application
have been remedied. A school granted full approval shall provide
evidence of continued compliance with this section. In the event that
the board denies approval or reapproval, the board shall give the
school a specific listing of the deficiencies that caused the denial
and the requirements for remedying the deficiencies, and shall permit
the school, upon request, to demonstrate by satisfactory evidence,
within 90 days, that it has remedied the deficiencies listed by the
board. 
   (f) 
    (e)  A school shall pay a registration fee established
by rule of the board, not to exceed one thousand dollars ($1,000), at
the time of application for approval and shall pay all reasonable
costs and expenses  the board incurs   incurred
 for  the conduct of   conducting  the
approval survey. 
   (g) 
    (f)  The board shall renew approval upon receipt of a
renewal application, accompanied by a fee not to exceed five hundred
dollars ($500). Each fully approved institution shall submit a
renewal application every seven years. Any approval that is not
renewed shall automatically expire.
  SEC. 3.  Section 2811.5 of the Business and Professions Code is
amended to read:
   2811.5.  (a) Each person renewing his or her license under Section
2811 shall submit proof satisfactory to the board that, during the
preceding two-year period, he or she has been informed of the
developments in the registered nurse field or in any special area of
practice engaged in by the licensee, occurring since the last renewal
thereof, either by pursuing a course or courses of continuing
education in the registered nurse field or relevant to the practice
of the licensee, and approved by the board, or by other means deemed
equivalent by the board.
   (b) For purposes of this section, the board shall, by regulation,
establish standards for continuing education. The standards shall be
established in a manner to assure that a variety of alternative forms
of continuing education are available to licensees, including, but
not limited to, academic studies, in-service education, institutes,
seminars, lectures, conferences, workshops, extension studies, and
home study programs. The standards shall take cognizance of
specialized areas of  practice.   practice, and
content shall be based on generally accepted scientific principles.
 The continuing education standards established by the board
shall not exceed 30 hours of direct participation in a course or
courses approved by the board, or its equivalent in the units of
measure adopted by the board. 
   (c) The board shall audit continuing education providers at least
once every five years to ensure adherence to regulatory requirements,
and shall withhold or rescind approval from any provider that is in
violation of the regulatory requirements.  
   (c) 
    (d)  The board shall encourage continuing education in
spousal or partner abuse detection and treatment. In the event the
board establishes a requirement for continuing education coursework
in spousal or partner abuse detection or treatment, that requirement
shall be met by each licensee within no more than four years from the
date the requirement is imposed. 
   (d) 
    (e)  In establishing standards for continuing education,
the board shall consider including a course in the special care
needs of individuals and their families facing end-of-life issues,
including, but not limited to, all of the following:
   (1) Pain and symptom management.
   (2) The psycho-social dynamics of death.
   (3) Dying and bereavement.
   (4) Hospice care. 
   (e) 
    (f)  In establishing standards for continuing education,
the board may include a course on pain management. 
   (f) 
    (g)  This section shall not apply to licensees during
the first two years immediately following their initial licensure in
California or any other governmental jurisdiction. 
   (g) 
    (h)  The board may, in accordance with the intent of
this section, make exceptions from continuing education requirements
for licensees residing in another state or country, or for reasons of
health, military service, or other good cause.
  SEC. 4.  Section 8516 of the Business and Professions Code is
amended to read:
   8516.  (a) This section, and Section 8519, apply only to wood
destroying pests or organisms.
   (b)  No   A  registered company or
licensee shall  not  commence work on a contract, or sign,
issue, or deliver any documents expressing an opinion or statement
relating to the absence or presence of wood destroying pests or
organisms until an inspection has been made by a licensed Branch 3
field representative or  operator.   operator
employed by a registered company, except as provided in Section
8519.5.  The address of each property inspected or upon which
work is completed shall be reported on a form prescribed by the board
and shall be filed with the board no later than 10 business days
after the commencement of an inspection or upon completed work.
   Every property inspected pursuant to this subdivision or Section
8518 shall be assessed a filing fee pursuant to Section 8674.
   Failure of a registered company to report and file with the board
the address of any property inspected or work completed pursuant to
Section 8518 or this section is grounds for disciplinary action and
shall subject the registered company to a fine of not more than two
thousand five hundred dollars ($2,500).  The address of an
inspection report prepared   for use by an attorney for
litigation purposes shall not be required to be reported to the board
and shall not be assessed a filing fee. 
   A written inspection report conforming to this section and a form
approved by the board shall be prepared and delivered to the person
requesting the inspection  and the property owner, or to the
 person's   property owner's  designated
 agent   agent,  within 10 business days
 of   from  the  start of the 
inspection, except that an inspection report prepared for use by an
attorney for litigation purposes is not required to be reported to
the  board.   board or the property owner. An
inspection report may be a complete, limited,  
supplemental, or rei   nspection report, as defined by
Section 1993 of Title 16 of the California Code of Regulations. 
The report shall be delivered before work is commenced on any
property. The registered company shall retain for three years all
 original  inspection reports, field notes, and
activity forms.
   Reports shall be made available for inspection and reproduction to
the executive officer of the board or his or her duly authorized
representative during business hours.  Original 
 All  inspection reports or copies thereof shall be
submitted to the board upon  request   demand
 within two business days. The following shall be set forth in
the report:
   (1) The  start  date of the inspection and the name of
the licensed field representative or operator making the inspection.
   (2) The name and address of the person or firm ordering the
report.
   (3) The name and address of  the property owner and  any
person who is a party in interest.
   (4) The address or location of the property.
   (5) A general description of the building or premises inspected.
   (6) A foundation diagram or sketch of the structure or structures
or portions of the structure or structures inspected, 
indicating thereon   including  the approximate
location of any infested or infected areas evident, and the parts of
the structure where conditions that would ordinarily subject those
parts to attack by wood destroying pests or organisms exist. 
Reporting of the infested or infected wood members, or parts of the
structure identified, shall be listed in the inspection report to
clearly identify them, as is typical in standard construction
components, including, but not limited to, siding, studs, rafters,
floor joists, fascia, subfloor, sheathing, and trim boards. 
   (7) Information regarding the substructure, foundation walls and
footings, porches, patios and steps, air vents, abutments, attic
spaces, roof framing that includes the eaves, rafters, fascias,
exposed timbers, exposed sheathing, ceiling joists, and attic walls,
or other parts subject to attack by wood destroying pests or
organisms. Conditions usually deemed likely to lead to infestation or
infection, such as earth-wood contacts, excessive cellulose debris,
faulty grade levels, excessive moisture conditions, evidence of roof
leaks, and insufficient ventilation are to be reported.
   (8) One of the following statements, as appropriate, printed in
bold type:
   (A) The exterior surface of the roof was not inspected. If you
want the water tightness of the roof determined, you should contact a
roofing contractor who is licensed by the Contractors' State License
Board.
   (B) The exterior surface of the roof was inspected to determine
whether or not wood destroying pests or organisms are present.
   (9) Indication or description of any areas that are inaccessible
or not inspected with recommendation for further inspection if
practicable. If, after the report has been made in compliance with
this section, authority is given later to open inaccessible areas, a
supplemental report on conditions in these areas shall be made.
   (10) Recommendations for corrective measures.
   (11) Information regarding the pesticide or pesticides to be used
for their control  or prevention  as set forth in
subdivision (a) of Section 8538.
   (12) The inspection report shall clearly disclose that if
requested by the person ordering the original report, a reinspection
of the structure will be performed if an estimate or bid for making
repairs was given with the original inspection report, or thereafter.

   (13) The inspection report shall contain the following statement,
printed in boldface type:  
   "NOTICE: Reports on this structure prepared by various registered
companies should list the same findings (i.e. termite infestations,
termite damage, fungus damage, etc.). However, recommendations to
correct these findings may vary from company to company. You have a
right to seek a second opinion from another company." 
   An estimate or bid  for repairs  shall be given
separately allocating the costs to perform each and every
recommendation for corrective measures as specified in subdivision
(c) with the original inspection report if the person who ordered the
original inspection report so requests, and if the registered
company is regularly in the business of performing  each 
corrective  measures.   measure. 
   If no estimate or bid was given with the original inspection
report, or thereafter, then the registered company shall not be
required to perform a reinspection.
   A reinspection shall be an inspection of those items previously
listed on an original report to determine if the recommendations have
been completed. Each reinspection shall be reported on an original
inspection report form and shall be labeled  "Reinspection"
in capital letters by rubber stamp or typewritten. 
"Reinspection."  Each reinspection shall also identify the
original report by date.
   After four months from an original inspection, all inspections
shall be original inspections and not reinspections.
   Any reinspection shall be performed for not more than the price of
the registered company's original inspection price and shall be
completed within 10  working   business 
days after a reinspection has been ordered. 
   (13) The inspection report shall contain the following statement,
printed in boldface type: 

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

   (c) At the time a report is ordered, the registered company or
licensee shall inform the person or entity ordering the report, that
a separated report is available pursuant to this subdivision. If a
separated report is requested at the time the inspection report is
ordered, the registered company or licensee shall separately identify
on the report each recommendation for corrective measures as
follows:
   (1) The infestation or infection that is evident.
   (2) The conditions that are present that are deemed likely to lead
to infestation or infection.
   If a registered company or licensee fails to inform as required by
this subdivision and a dispute arises, or if any other dispute
arises as to whether this subdivision has been complied with, a
separated report shall be provided within 24 hours of the request
but, in no event, later than the next business day, and at no
additional cost.
   (d) When a corrective condition is identified, either as paragraph
(1) or (2) of subdivision (c), and the  responsible party,
as negotiated between the buyer and the seller,  
property owner of the property owner's designated agent  chooses
not to correct those conditions, the registered company or licensee
shall not be liable for damages resulting from a failure to correct
those conditions or subject to any disciplinary action by the board.
Nothing in this subdivision, however, shall relieve a registered
company or a licensee of any liability resulting from negligence,
fraud, dishonest dealing, other violations pursuant to this chapter,
or contractual obligations between the registered company or licensee
and the responsible parties.
   (e) The inspection report form prescribed by the board shall
separately identify the infestation or infection that is evident and
the conditions that are present that are deemed likely to lead to
infestation or infection. If a separated form is requested, the form
shall explain the infestation or infection that is evident and the
conditions that are present that are deemed likely to lead to
infestation or infection and the difference between those conditions.
In no event, however, shall conditions deemed likely to lead to
infestation or infection be characterized as actual "defects" or as
actual "active" infestations or infections or in need of correction
as a precondition to issuing a certification pursuant to Section
8519.
   (f) The report and any contract entered into shall also state
specifically when any guarantee for the work is made, and if so, the
specific terms of the guarantee and the period of time for which the
guarantee shall be in effect.  If a guarantee extends beyond
three years, the registered company shall maintain all original
inspection reports, field notes, activity forms, and notices of
completion for the duration of the guarantee period and for one year
after the guarantee expires. 
   (g)  Control service is defined as the regular
reinspection of a property after a report has been made in compliance
with this section and any corrections as have been agreed upon have
been completed.   For purposes of this section, "control
service agreement" means an agreement, including extended
warranties, to have a licensee conduct over a period of time regular
inspections and other activities related to the control or
eradication of wood destroying pests and organisms.  Under a
control service agreement a registered company shall refer to the
original report and contract in a manner as to identify them clearly,
and the report shall be assumed to be a true report of conditions as
originally issued, except it may be modified after a control service
inspection. A registered company is not required to issue a report
as outlined in paragraphs (1) to (11), inclusive, of subdivision (b)
after each control service inspection. If after control service
inspection, no modification of the original report is made in
writing, then it will be assumed that conditions are as originally
reported. A control service contract shall state specifically the
particular wood destroying pests or organisms and the portions of the
buildings or structures covered by the contract.
   (h) A registered company or licensee may enter into and maintain a
control service agreement provided the following requirements are
met:
   (1) The control service agreement shall be in writing, signed by
both parties, and shall specifically include the following: 
   (A) The wood destroying pests and organisms that could infest and
infect the structure.  
   (B) 
    (A)  The wood destroying pests and organisms covered by
the control service agreement.  Any 
    (B)     Any  wood destroying pest or
organism that is not covered must be specifically listed.
   (C) The type and manner of treatment to be used to correct the
infestations or infections.
   (D) The structures or buildings, or portions thereof, covered by
the agreement, including a statement specifying whether the coverage
for purposes of periodic inspections is limited or full. Any
exclusions from those described in the original report must be
specifically listed.
   (E) A reference to the original inspection  report and
agreement.   report. 
   (F) The frequency of the inspections to be provided, the fee to be
charged for each renewal, and the duration of the agreement.
   (G) Whether the fee includes structural repairs.
   (H) If the services provided are guaranteed, and, if so, the terms
of the guarantee.
   (I) A statement that all corrections of infestations or infections
covered by the control service agreement shall be completed within
six months of discovery, unless otherwise agreed to in writing by
both parties. 
   (2) The original inspection report, the control service agreement,
and completion report shall be maintained for three years after the
cancellation of the control service agreement.  
   (2) 
    (3)  Inspections made pursuant to a control service
agreement shall be conducted by a Branch 3 licensee. Section 8506.1
does not modify this provision. 
   (3) 
    (4)  A full inspection of the property covered by the
control service agreement shall be conducted and a report filed
pursuant to subdivision (b) at least once every three years from the
date that the agreement was entered into, unless the consumer cancels
the contract within three years from the date the agreement was
entered into. 
   (4) A 
    (5)     Under a control service agreement,
a  written report shall be required for the correction of any
infestation or infection unless all of the following conditions are
met:
   (A) The infestation or infection has been previously reported.
   (B) The infestation or infection is covered by the control service
agreement.
   (C) There is no additional charge for correcting the infestation
or infection.
   (D) Correction of the infestation or infection takes place within
45 days of its discovery.
   (E) Correction of the infestation or infection does not include
fumigation. 
   (5) 
    (6)  All notice requirements pursuant to Section 8538
shall apply to all pesticide treatments conducted under control
service agreements. 
   (6) For purposes of this section, "control service agreement"
means any agreement, including extended warranties, to have a
licensee conduct over a period of time regular inspections and other
activities related to the control or eradication of wood destroying
pests and organisms. 
   (i) All work recommended by a registered company, where an
estimate or bid for making repairs was given with the original
inspection report, or thereafter, shall be recorded on this report or
a separate work agreement and shall specify a price for each
recommendation. This information shall be provided to the person
requesting the inspection, and shall be retained by the registered
company with the inspection report copy for three years.
  SEC. 5.  Section 8518 of the Business and Professions Code is
amended to read:
   8518.  (a) When a registered company completes work under a
contract, it shall prepare, on a form prescribed by the board, a
notice of work completed and not completed, and shall furnish that
notice to the owner of the property or the owner's agent within 10
business days after completing the work. The notice shall include a
statement of the cost of the completed work and estimated cost of
work not completed.
   (b) The address of each property inspected or upon which work was
completed shall be reported on a form prescribed by the board and
shall be filed with the board no later than 10 business days after
completed work.
   (c) A filing fee shall be assessed pursuant to Section 8674 for
every property upon which work is completed.
   (d) Failure of a registered company to report and file with the
board the address of any property upon which work was completed
pursuant to subdivision (b) of Section 8516 or  Section 8518
  this section  is grounds for disciplinary action
and shall subject the registered company to a fine of not more than
two thousand five hundred dollars ($2,500).
   (e) The registered company shall retain for three years all
original notices of work completed, work not completed, and activity
forms.
   (f) Notices of work completed and not completed shall be made
available for inspection and reproduction to the executive officer of
the board or his or her duly authorized representative during
business hours. Original notices of work completed or not completed
or copies thereof shall be submitted to the board upon request within
two business days. 
   (g) This section shall only apply to work relating to wood
destroying pests or organisms. 
  SEC. 6.  Section 8555 of the Business and Professions Code is
amended to read:
   8555.  This chapter does not apply to:
   (a) Public utilities operating under the regulations of the Public
Utilities Commission, except to work performed upon property of the
utilities not subject to the jurisdiction of the Public Utilities
Commission or work done by the utility for hire.
   (b) Persons engaged only in agricultural pest control work under
permit or license by the Department of Pesticide Regulation or a
county agricultural commissioner.
                                                                  (c)
Pest control performed by persons upon property that they own, lease
or rent, except that the persons shall be subject to the limitations
imposed by Article 3 of this chapter.
   (d) Governmental agencies, state, federal, city, or county
officials, and their employees while officially engaged.
   (e) Authorized representatives of an educational institution or
state or federal agency engaged in research or study of pest control,
or engaged in investigation or preparation for expert opinion or
testimony. A professional engaging in research, study, investigation,
or preparation for expert opinion or testimony on his or her own
behalf shall comply with the requirements of this chapter.
   (f) Certified architects and registered civil engineers, acting
solely within their professional capacity, except that they shall be
subject to the limitations imposed by Article 3 of this chapter.
   (g) Persons engaged in the live capture and removal or exclusion
of  vertebrate pests, bees,   bees  or
wasps from a structure without the use of pesticides, provided those
persons maintain insurance coverage as described in Section 8692.
 "Vertebrate pests" include, but are not limited to, bats,
raccoons, skunks, and squirrels, but do not include mice, rats, or
pigeons. This section does not exempt a person from the provisions of
Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish
and Game Code. 
  SEC. 7.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.