Bill Text: CA SB1039 | 2015-2016 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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-Amended.html
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-Amended.html
BILL NUMBER: SB 1039 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 21, 2016
AMENDED IN SENATE APRIL 12, 2016
AMENDED IN SENATE APRIL 7, 2016
INTRODUCED BY Senator Hill
FEBRUARY 12, 2016
An act to amend Sections 1636.4, 2423, 2460,
2461, 2475, 2479, 2486, 2488, 2492, 2499, 2733, 2746.51, 2786.5,
2811, 2811.5, 2815, 2815.5, 2816, 2830.7, 2836.3, 2838.2, 4128.2,
4999, 4999.2, 7137, 7153.3, 8031, 8516, and 8518 of, to
amend, repeal, and add Section 4400 of, to add Section 2499.7 to,
and to repeal Chapter 15 (commencing with
Section 4999) of Division 2 of, Sections 4999.1,
4999.3, 4999.4, and 4999.6 of, and to repeal and add Section 4999.5
of, the Business and Professions Code, to repeal
amend Section 1348.8 of the Health and Safety
Code, and to repeal 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) 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 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 the foreign
dental school is not under review by the board on January 1, 2017,
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)
(2) The Medical Practice Act creates, within the
jurisdiction of the Medical Board of California, the California Board
of Podiatric Medicine. Under the act, certificates to practice
podiatric medicine and registrations of spectacle lens dispensers and
contact lens dispensers, among others, expire on a certain date
during the second year of a 2-year term if not renewed.
This bill would instead create the California Board of Podiatric
Medicine in the Department of Consumer Affairs, and would make
conforming and related changes. The bill would discontinue the
above-described requirement for the expiration of the registrations
of spectacle lens dispensers and contact lens dispensers.
(4)
(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. 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)
(4) 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)
(5) Existing law requires certain
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, among
other provisions, as specified.
This bill would repeal those provisions.
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.
(7)
(6) 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, 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 would raise specified fees 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.
(8)
(7) Existing law provides for the licensure and
regulation of shorthand reporters by the Court Reporters Board of
California within the Department of Consumer Affairs. That law
authorizes the board, by resolution, to establish a fee for the
renewal of a certificate issued by the board, and prohibits the fee
from exceeding $125, as specified. Under existing law, all fees and
revenues received by the board are deposited into the Court Reporters'
Fund, which is a continuously appropriated fund as it pertains to
fees collected by the board.
This bill would raise that fee limit to $250. By authorizing an
increase in a fee deposited into a continuously appropriated fund,
this bill would make an appropriation.
(9)
(8) 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)
(9) The California Constitution requires the state to
reimburse local agencies and school districts for certain costs
mandated by the state. Statutory provisions establish procedures for
making that reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: yes. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. It is the intent of the Legislature to enact future
legislation that would establish a Dental Corps Scholarship Program
within the Health Professions Education Foundation to increase the
supply of dentists serving in medically underserved areas.
SEC. 2. Section 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
(c). 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. 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. This
subdivision shall not apply to foreign dental schools seeking board
approval that are under review by the board on January 1, 2017.
(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 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.
(d) Periodic surveys and evaluations of all approved schools 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.
(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 incurred for conducting the approval survey.
(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. SEC. 2. Section 2423 of the
Business and Professions Code is amended to read:
2423. (a) Notwithstanding Section 2422:
(1) All physician and surgeon's certificates and certificates to
practice midwifery shall expire at 12 midnight on the last day of the
birth month of the licensee during the second year of a two-year
term if not renewed.
(2) Registrations of dispensing opticians will expire at midnight
on the last day of the month in which the license was issued during
the second year of a two-year term if not renewed.
(b) The board shall establish by regulation procedures for the
administration of a birth date renewal program, including, but not
limited to, the establishment of a system of staggered license
expiration dates such that a relatively equal number of licenses
expire monthly.
(c) To renew an unexpired license, the licensee shall, on or
before the dates on which it would otherwise expire, apply for
renewal on a form prescribed by the licensing authority and pay the
prescribed renewal fee.
SEC. 4. SEC. 3. Section 2460 of the
Business and Professions Code is amended to read:
2460. (a) There is created within the Department of Consumer
Affairs a California Board of Podiatric Medicine.
(b) This section shall remain in effect only until January 1,
2017, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2017, deletes or extends
that date. Notwithstanding any other provision of law, the repeal of
this section renders the California Board of Podiatric Medicine
subject to review by the appropriate policy committees of the
Legislature.
SEC. 5. SEC. 4. Section 2461 of the
Business and Professions Code is amended to read:
2461. As used in this article:
(a) "Board" means the California Board of Podiatric Medicine.
(b) "Podiatric licensing authority" refers to any officer, board,
commission, committee, or department of another state that may issue
a license to practice podiatric medicine.
SEC. 6. SEC. 5. Section 2475 of the
Business and Professions Code is amended to read:
2475. Unless otherwise provided by law, no postgraduate trainee,
intern, resident postdoctoral fellow, or instructor may engage in the
practice of podiatric medicine, or receive compensation therefor, or
offer to engage in the practice of podiatric medicine unless he or
she holds a valid, unrevoked, and unsuspended certificate to practice
podiatric medicine issued by the board. However, a graduate of an
approved college or school of podiatric medicine upon whom the degree
doctor of podiatric medicine has been conferred, who is issued a
resident's license, which may be renewed annually for up to eight
years for this purpose by the board, and who is enrolled in a
postgraduate training program approved by the board, may engage in
the practice of podiatric medicine whenever and wherever required as
a part of that program and may receive compensation for that practice
under the following conditions:
(a) A graduate with a resident's license in an approved
internship, residency, or fellowship program may participate in
training rotations outside the scope of podiatric medicine, under the
supervision of a physician and surgeon who holds a medical doctor or
doctor of osteopathy degree wherever and whenever required as a part
of the training program, and may receive compensation for that
practice. If the graduate fails to receive a license to practice
podiatric medicine under this chapter within three years from the
commencement of the postgraduate training, all privileges and
exemptions under this section shall automatically cease.
(b) Hospitals functioning as a part of the teaching program of an
approved college or school of podiatric medicine in this state may
exchange instructors or resident or assistant resident doctors of
podiatric medicine with another approved college or school of
podiatric medicine not located in this state, or those hospitals may
appoint a graduate of an approved school as such a resident for
purposes of postgraduate training. Those instructors and residents
may practice and be compensated as provided in this section, but that
practice and compensation shall be for a period not to exceed two
years.
SEC. 7. SE C. 6. Section
2479 of the Business and Professions Code is amended to read:
2479. The board shall issue a certificate to practice podiatric
medicine to each applicant who meets the requirements of this
chapter. Every applicant for a certificate to practice podiatric
medicine shall comply with the provisions of Article 4 (commencing
with Section 2080) which are not specifically applicable to
applicants for a physician's and surgeon's certificate, in addition
to the provisions of this article.
SEC. 8. SEC. 7. Section 2486 of the
Business and Professions Code is amended to read:
2486. The board shall issue a certificate to practice podiatric
medicine if the applicant has submitted directly to the board from
the credentialing organizations verification that he or she meets all
of the following requirements:
(a) The applicant has graduated from an approved school or college
of podiatric medicine and meets the requirements of Section 2483.
(b) The applicant, within the past 10 years, has passed parts I,
II, and III of the examination administered by the National Board of
Podiatric Medical Examiners of the United States or has passed a
written examination that is recognized by the board to be the
equivalent in content to the examination administered by the National
Board of Podiatric Medical Examiners of the United States.
(c) The applicant has satisfactorily completed the postgraduate
training required by Section 2484.
(d) The applicant has passed within the past 10 years any oral and
practical examination that may be required of all applicants by the
board to ascertain clinical competence.
(e) The applicant has committed no acts or crimes constituting
grounds for denial of a certificate under Division 1.5 (commencing
with Section 475).
(f) The board determines that no disciplinary action has been
taken against the applicant by any podiatric licensing authority and
that the applicant has not been the subject of adverse judgments or
settlements resulting from the practice of podiatric medicine that
the board determines constitutes evidence of a pattern of negligence
or incompetence.
(g) A disciplinary databank report regarding the applicant is
received by the board from the Federation of Podiatric Medical
Boards.
SEC. 9. SEC. 8. Section 2488 of the
Business and Professions Code is amended to read:
2488. Notwithstanding any other law, the board shall issue a
certificate to practice podiatric medicine by credentialing if the
applicant has submitted directly to the board from the credentialing
organizations verification that he or she is licensed as a doctor of
podiatric medicine in any other state and meets all of the following
requirements:
(a) The applicant has graduated from an approved school or college
of podiatric medicine.
(b) The applicant, within the past 10 years, has passed either
part III of the examination administered by the National Board of
Podiatric Medical Examiners of the United States or a written
examination that is recognized by the board to be the equivalent in
content to the examination administered by the National Board of
Podiatric Medical Examiners of the United States.
(c) The applicant has satisfactorily completed a postgraduate
training program approved by the Council on Podiatric Medical
Education.
(d) The applicant, within the past 10 years, has passed any oral
and practical examination that may be required of all applicants by
the board to ascertain clinical competence.
(e) The applicant has committed no acts or crimes constituting
grounds for denial of a certificate under Division 1.5 (commencing
with Section 475).
(f) The board determines that no disciplinary action has been
taken against the applicant by any podiatric licensing authority and
that the applicant has not been the subject of adverse judgments or
settlements resulting from the practice of podiatric medicine that
the board determines constitutes evidence of a pattern of negligence
or incompetence.
(g) A disciplinary databank report regarding the applicant is
received by the board from the Federation of Podiatric Medical
Boards.
SEC. 10. SEC. 9. Section 2492 of the
Business and Professions Code is amended to read:
2492. (a) The board shall examine every applicant for a
certificate to practice podiatric medicine to ensure a minimum of
entry-level competence at the time and place designated by the board
in its discretion, but at least twice a year.
(b) Unless the applicant meets the requirements of Section 2486,
applicants shall be required to have taken and passed the examination
administered by the National Board of Podiatric Medical Examiners.
(c) The board may appoint qualified persons to give the whole or
any portion of any examination as provided in this article, who shall
be designated as examination commissioners. The board may fix the
compensation of those persons subject to the provisions of applicable
state laws and regulations.
(d) The provisions of Article 9 (commencing with Section 2170)
shall apply to examinations administered by the board except where
those provisions are in conflict with or inconsistent with the
provisions of this article.
SEC. 11. SEC. 10. Section 2499 of
the Business and Professions Code is amended to read:
2499. There is in the State Treasury the Board of Podiatric
Medicine Fund. Notwithstanding Section 2445, the board shall report
to the Controller at the beginning of each calendar month for the
month preceding the amount and source of all revenue received by the
board, pursuant to this chapter, and shall pay the entire amount
thereof to the Treasurer for deposit into the fund. All revenue
received by the board from fees authorized to be charged relating to
the practice of podiatric medicine shall be deposited in the fund as
provided in this section, and shall be used to carry out the
provisions of this chapter relating to the regulation of the practice
of podiatric medicine.
SEC. 12. SEC. 11. Section 2499.7 is
added to the Business and Professions Code, to read:
2499.7. (a) Certificates to practice podiatric medicine shall
expire at 12 midnight on the last day of the birth month of the
licensee during the second year of a two-year term.
(b) To renew an unexpired certificate, the licensee, on or before
the date on which the certificate would otherwise expire, shall apply
for renewal on a form prescribed by the board and pay the prescribed
renewal fee.
SEC. 13. SEC. 12. Section 2733 of
the Business and Professions Code is amended to read:
2733. (a) (1) (A) Upon approval of an application filed pursuant
to subdivision (b) of Section 2732.1, and upon the payment of the fee
prescribed by subdivision (k) of Section 2815, the board may issue a
temporary license to practice professional nursing, and a temporary
certificate to practice as a certified public health nurse for a
period of six months from the date of issuance.
(B) Upon approval of an application filed pursuant to subdivision
(b) of Section 2732.1, and upon the payment of the fee prescribed by
subdivision (d) of Section 2838.2, the board may issue a temporary
certificate to practice as a certified clinical nurse specialist for
a period of six months from the date of issuance.
(C) Upon approval of an application filed pursuant to subdivision
(b) of Section 2732.1, and upon the payment of the fee prescribed by
subdivision (e) of Section 2815.5, the board may issue a temporary
certificate to practice as a certified nurse-midwife for a period of
six months from the date of issuance.
(D) Upon approval of an application filed pursuant to subdivision
(b) of Section 2732.1, and upon the payment of the fee prescribed by
subdivision (d) of Section 2830.7, the board may issue a temporary
certificate to practice as a certified nurse anesthetist for a period
of six months from the date of issuance.
(E) Upon approval of an application filed pursuant to subdivision
(b) of Section 2732.1, and upon the payment of the fee prescribed by
subdivision (p) of Section 2815, the board may issue a temporary
certificate to practice as a certified nurse practitioner for a
period of six months from the date of issuance.
(2) A temporary license or temporary certificate shall terminate
upon notice thereof by certified mail, return receipt requested, if
it is issued by mistake or if the application for permanent licensure
is denied.
(b) Upon written application, the board may reissue a temporary
license or temporary certificate to any person who has applied for a
regular renewable license pursuant to subdivision (b) of Section
2732.1 and who, in the judgment of the board has been excusably
delayed in completing his or her application for or the minimum
requirements for a regular renewable license, but the board may not
reissue a temporary license or temporary certificate more than twice
to any one person.
SEC. 14. SEC. 13. Section 2746.51 of
the Business and Professions Code is amended to read:
2746.51. (a) Neither this chapter nor any other provision of law
shall be construed to prohibit a certified nurse-midwife from
furnishing or ordering drugs or devices, including controlled
substances classified in Schedule II, III, IV, or V under the
California Uniform Controlled Substances Act (Division 10 (commencing
with Section 11000) of the Health and Safety Code), when all of the
following apply:
(1) The drugs or devices are furnished or ordered incidentally to
the provision of any of the following:
(A) Family planning services, as defined in Section 14503 of the
Welfare and Institutions Code.
(B) Routine health care or perinatal care, as defined in
subdivision (d) of Section 123485 of the Health and Safety Code.
(C) Care rendered, consistent with the certified nurse-midwife's
educational preparation or for which clinical competency has been
established and maintained, to persons within a facility specified in
subdivision (a), (b), (c), (d), (i), or (j) of Section 1206 of the
Health and Safety Code, a clinic as specified in Section 1204 of the
Health and Safety Code, a general acute care hospital as defined in
subdivision (a) of Section 1250 of the Health and Safety Code, a
licensed birth center as defined in Section 1204.3 of the Health and
Safety Code, or a special hospital specified as a maternity hospital
in subdivision (f) of Section 1250 of the Health and Safety Code.
(2) The drugs or devices are furnished or ordered by a certified
nurse-midwife in accordance with standardized procedures or
protocols. For purposes of this section, standardized procedure means
a document, including protocols, developed and approved by the
supervising physician and surgeon, the certified nurse-midwife, and
the facility administrator or his or her designee. The standardized
procedure covering the furnishing or ordering of drugs or devices
shall specify all of the following:
(A) Which certified nurse-midwife may furnish or order drugs or
devices.
(B) Which drugs or devices may be furnished or ordered and under
what circumstances.
(C) The extent of physician and surgeon supervision.
(D) The method of periodic review of the certified nurse-midwife's
competence, including peer review, and review of the provisions of
the standardized procedure.
(3) If Schedule II or III controlled substances, as defined in
Sections 11055 and 11056 of the Health and Safety Code, are furnished
or ordered by a certified nurse-midwife, the controlled substances
shall be furnished or ordered in accordance with a patient-specific
protocol approved by the treating or supervising physician and
surgeon. For Schedule II controlled substance protocols, the
provision for furnishing the Schedule II controlled substance shall
address the diagnosis of the illness, injury, or condition for which
the Schedule II controlled substance is to be furnished.
(4) The furnishing or ordering of drugs or devices by a certified
nurse-midwife occurs under physician and surgeon supervision. For
purposes of this section, no physician and surgeon shall supervise
more than four certified nurse-midwives at one time. Physician and
surgeon supervision shall not be construed to require the physical
presence of the physician, but does include all of the following:
(A) Collaboration on the development of the standardized procedure
or protocol.
(B) Approval of the standardized procedure or protocol.
(C) Availability by telephonic contact at the time of patient
examination by the certified nurse-midwife.
(b) (1) The furnishing or ordering of drugs or devices by a
certified nurse-midwife is conditional on the issuance by the board
of a number to the applicant who has successfully completed the
requirements of paragraph (2). The number shall be included on all
transmittals of orders for drugs or devices by the certified
nurse-midwife. The board shall maintain a list of the certified
nurse-midwives that it has certified pursuant to this paragraph and
the number it has issued to each one. The board shall make the list
available to the California State Board of Pharmacy upon its request.
Every certified nurse-midwife who is authorized pursuant to this
section to furnish or issue a drug order for a controlled substance
shall register with the United States Drug Enforcement
Administration.
(2) The board has certified in accordance with paragraph (1) that
the certified nurse-midwife has satisfactorily completed a course in
pharmacology covering the drugs or devices to be furnished or ordered
under this section. The board shall establish the requirements for
satisfactory completion of this paragraph. The board may charge the
applicant a fee to cover all necessary costs to implement this
section, that shall be not less than four hundred dollars ($400) nor
more than one thousand five hundred dollars ($1,500) for an initial
application, nor less than one hundred fifty dollars ($150) nor more
than one thousand dollars ($1,000) for an application for renewal.
The board may charge a penalty fee for failure to renew a furnishing
number within the prescribed time that shall be not less than
seventy-five dollars ($75) nor more than five hundred dollars ($500).
(3) A physician and surgeon may determine the extent of
supervision necessary pursuant to this section in the furnishing or
ordering of drugs and devices.
(4) A copy of the standardized procedure or protocol relating to
the furnishing or ordering of controlled substances by a certified
nurse-midwife shall be provided upon request to any licensed
pharmacist who is uncertain of the authority of the certified
nurse-midwife to perform these functions.
(5) Certified nurse-midwives who are certified by the board and
hold an active furnishing number, who are currently authorized
through standardized procedures or protocols to furnish Schedule II
controlled substances, and who are registered with the United States
Drug Enforcement Administration shall provide documentation of
continuing education specific to the use of Schedule II controlled
substances in settings other than a hospital based on standards
developed by the board.
(c) Drugs or devices furnished or ordered by a certified
nurse-midwife may include Schedule II controlled substances under the
California Uniform Controlled Substances Act (Division 10
(commencing with Section 11000) of the Health and Safety Code) under
the following conditions:
(1) The drugs and devices are furnished or ordered in accordance
with requirements referenced in paragraphs (2) to (4), inclusive, of
subdivision (a) and in paragraphs (1) to (3), inclusive, of
subdivision (b).
(2) When Schedule II controlled substances, as defined in Section
11055 of the Health and Safety Code, are furnished or ordered by a
certified nurse-midwife, the controlled substances shall be furnished
or ordered in accordance with a patient-specific protocol approved
by the treating or supervising physician and surgeon.
(d) Furnishing of drugs or devices by a certified nurse-midwife
means the act of making a pharmaceutical agent or agents available to
the patient in strict accordance with a standardized procedure or
protocol. Use of the term "furnishing" in this section shall include
the following:
(1) The ordering of a drug or device in accordance with the
standardized procedure or protocol.
(2) Transmitting an order of a supervising physician and surgeon.
(e) "Drug order" or "order" for purposes of this section means an
order for medication or for a drug or device that is dispensed to or
for an ultimate user, issued by a certified nurse-midwife as an
individual practitioner, within the meaning of Section 1306.03 of
Title 21 of the Code of Federal Regulations. Notwithstanding any
other provision of law, (1) a drug order issued pursuant to this
section shall be treated in the same manner as a prescription of the
supervising physician; (2) all references to "prescription" in this
code and the Health and Safety Code shall include drug orders issued
by certified nurse-midwives; and (3) the signature of a certified
nurse-midwife on a drug order issued in accordance with this section
shall be deemed to be the signature of a prescriber for purposes of
this code and the Health and Safety Code.
SEC. 15. SEC. 14. Section 2786.5
of the Business and Professions Code is amended to read:
2786.5. (a) An institution of higher education or a private
postsecondary school of nursing approved by the board pursuant to
subdivision (b) of Section 2786 shall remit to the board for deposit
in the Board of Registered Nursing Fund the following fees, in
accordance with the following schedule:
(1) The fee for approval of a school of nursing shall be fixed by
the board at not less than forty thousand dollars ($40,000) nor more
than eighty thousand dollars ($80,000).
(2) The fee for continuing approval of a nursing program
established after January 1, 2013, shall be fixed by the board at not
less than fifteen thousand dollars ($15,000) nor more than thirty
thousand dollars ($30,000).
(3) The processing fee for authorization of a substantive change
to an approval of a school of nursing shall be fixed by the board at
not less than two thousand five hundred dollars ($2,500) nor more
than five thousand dollars ($5,000).
(b) If the board determines that the annual cost of providing
oversight and review of a school of nursing, as required by this
article, is less than the amount of any fees required to be paid by
that institution pursuant to this article, the board may decrease the
fees applicable to that institution to an amount that is
proportional to the board's costs associated with that institution.
SEC. 16. SEC. 15. Section 2811 of
the Business and Professions Code is amended to read:
2811. (a) Each person holding a regular renewable license under
this chapter, whether in an active or inactive status, shall apply
for a renewal of his license and pay the biennial renewal fee
required by this chapter each two years on or before the last day of
the month following the month in which his birthday occurs, beginning
with the second birthday following the date on which the license was
issued, whereupon the board shall renew the license.
(b) Each such license not renewed in accordance with this section
shall expire but may within a period of eight years thereafter be
reinstated upon payment of the fee required by this chapter and upon
submission of such proof of the applicant's qualifications as may be
required by the board, except that during such eight-year period no
examination shall be required as a condition for the reinstatement of
any such expired license which has lapsed solely by reason of
nonpayment of the renewal fee. After the expiration of such
eight-year period the board may require as a condition of
reinstatement that the applicant pass such examination as it deems
necessary to determine his present fitness to resume the practice of
professional nursing.
(c) A license in an inactive status may be restored to an active
status if the licensee meets the continuing education standards of
Section 2811.5.
SEC. 17. SEC. 16. Section 2811.5 of
the Business and Professions Code is amended to read:
2811.5. (a) Each person renewing his or her license under Section
2811 shall submit proof satisfactory to the board that, during the
preceding two-year period, he or she has been informed of the
developments in the registered nurse field or in any special area of
practice engaged in by the licensee, occurring since the last renewal
thereof, either by pursuing a course or courses of continuing
education in the registered nurse field or relevant to the practice
of the licensee, and approved by the board, or by other means deemed
equivalent by the board.
(b) For purposes of this section, the board shall, by regulation,
establish standards for continuing education. The standards shall be
established in a manner to ensure that a variety of alternative forms
of continuing education are available to licensees, including, but
not limited to, academic studies, in-service education, institutes,
seminars, lectures, conferences, workshops, extension studies, and
home study programs. The standards shall take cognizance of
specialized areas of practice, and content shall be relevant to the
practice of nursing and shall be related to the scientific knowledge
or technical skills required for the practice of nursing or be
related to direct or indirect patient or client care. The continuing
education standards established by the board shall not exceed 30
hours of direct participation in a course or courses approved by the
board, or its equivalent in the units of measure adopted by the
board.
(c) The board shall audit continuing education providers at least
once every five years to ensure adherence to regulatory requirements,
and shall withhold or rescind approval from any provider that is in
violation of the regulatory requirements.
(d) The board shall encourage continuing education in spousal or
partner abuse detection and treatment. In the event the board
establishes a requirement for continuing education coursework in
spousal or partner abuse detection or treatment, that requirement
shall be met by each licensee within no more than four years from the
date the requirement is imposed.
(e) In establishing standards for continuing education, the board
shall consider including a course in the special care needs of
individuals and their families facing end-of-life issues, including,
but not limited to, all of the following:
(1) Pain and symptom management.
(2) The psycho-social dynamics of death.
(3) Dying and bereavement.
(4) Hospice care.
(f) In establishing standards for continuing education, the board
may include a course on pain management.
(g) This section shall not apply to licensees during the first two
years immediately following their initial licensure in California or
any other governmental jurisdiction.
(h) The board may, in accordance with the intent of this section,
make exceptions from continuing education requirements for licensees
residing in another state or country, or for reasons of health,
military service, or other good cause.
SEC. 18. SEC. 17. Section 2815 of
the Business and Professions Code is amended to read:
2815. Subject to the provisions of Section 128.5, the amount of
the fees prescribed by this chapter in connection with the issuance
of licenses for registered nurses under its provisions is that fixed
by the following schedule:
(a) (1) The fee to be paid upon the filing by a graduate of an
approved school of nursing in this state of an application for a
licensure by examination shall be fixed by the board at not less than
three hundred dollars ($300) nor more than one thousand dollars
($1,000).
(2) The fee to be paid upon the filing by a graduate of a school
of nursing in another state, district, or territory of the United
States of an application for a licensure by examination shall be
fixed by the board at not less than three hundred fifty dollars
($350) nor more than one thousand dollars ($1,000).
(3) The fee to be paid upon the filing by a graduate of a school
of nursing in another country of an application for a licensure by
examination shall be fixed by the board at not less than seven
hundred fifty dollars ($750) nor more than one thousand five hundred
dollars ($1,500).
(4) The fee to be paid upon the filing of an application for
licensure by a repeat examination shall be fixed by the board at not
less than two hundred fifty dollars ($250) and not more than one
thousand dollars ($1,000).
(b) The fee to be paid for taking each examination shall be the
actual cost to purchase an examination from a vendor approved by the
board.
(c) (1) The fee to be paid for application by a person who is
licensed or registered as a nurse in another state, district, or
territory of the United States for licensure by endorsement shall be
fixed by the board at not less than three hundred fifty dollars
($350) nor more than one thousand dollars ($1,000).
(2) The fee to be paid for application by a person who is licensed
or registered as a nurse in another country for licensure by
endorsement shall be fixed by the board at not less than seven
hundred fifty dollars ($750) nor more than one thousand five hundred
dollars ($1,500).
(d) (1) The biennial fee to be paid upon the filing of an
application for renewal of the license shall be not less than one
hundred eighty dollars ($180) nor more than seven hundred fifty
dollars ($750). In addition, an assessment of ten dollars ($10) shall
be collected and credited to the Registered Nurse Education Fund,
pursuant to Section 2815.1.
(2) The fee to be paid upon the filing of an application for
reinstatement pursuant to subdivision (b) of Section 2811 shall be
not less than three hundred fifty dollars ($350) nor more than one
thousand dollars ($1,000).
(e) The penalty fee for failure to renew a license within the
prescribed time shall be fixed by the board at not more than 50
percent of the regular renewal fee, but not less than ninety dollars
($90) nor more than three hundred seventy-five dollars ($375).
(f) The fee to be paid for approval of a continuing education
provider shall be fixed by the board at not less than five hundred
dollars ($500) nor more than one thousand dollars ($1,000).
(g) The biennial fee to be paid upon the filing of an application
for renewal of provider approval shall be fixed by the board at not
less than seven hundred fifty dollars ($750) nor more than one
thousand dollars ($1,000).
(h) The penalty fee for failure to renew provider approval within
the prescribed time shall be fixed at not more than 50 percent of the
regular renewal fee, but not less than one hundred twenty-five
dollars ($125) nor more than five hundred dollars ($500).
(i) The penalty for submitting insufficient funds or fictitious
check, draft or order on any bank or depository for payment of any
fee to the board shall be fixed at not less than fifteen dollars
($15) nor more than thirty dollars ($30).
(j) The fee to be paid for an interim permit shall be fixed by the
board at not less than one hundred dollars ($100) nor more than two
hundred fifty dollars ($250).
(k) The fee to be paid for a temporary license shall be fixed by
the board at not less than one hundred dollars ($100) nor more than
two hundred fifty dollars ($250).
( l ) The fee to be paid for processing endorsement
papers to other states shall be fixed by the board at not less than
one hundred dollars ($100) nor more than two hundred dollars ($200).
(m) The fee to be paid for a certified copy of a school transcript
shall be fixed by the board at not less than fifty dollars ($50) nor
more than one hundred dollars ($100).
(n) (1) The fee to be paid for a duplicate pocket license shall be
fixed by the board at not less than fifty dollars ($50) nor more
than seventy-five dollars ($75).
(2) The fee to be paid for a duplicate wall certificate shall be
fixed by the board at not less than sixty dollars ($60) nor more than
one hundred dollars ($100).
(o) (1) The fee to be paid by a registered nurse for an evaluation
of his or her qualifications to use the title "nurse practitioner"
shall be fixed by the board at not less than five hundred dollars
($500) nor more than one thousand five hundred dollars ($1,500).
(2) The fee to be paid by a registered nurse for a temporary
certificate to practice as a nurse practitioner shall be fixed by the
board at not less than one hundred fifty dollars ($150) nor more
than five hundred dollars ($500).
(3) The fee to be paid upon the filing of an application for
renewal of a certificate to practice as a nurse practitioner shall be
not less than one hundred fifty dollars ($150) nor more than one
thousand dollars ($1,000).
(4) The penalty fee for failure to renew a certificate to practice
as a nurse practitioner within the prescribed time shall be not less
than seventy-five dollars ($75) nor more than five hundred dollars
($500).
(p) The fee to be paid by a registered nurse for listing as a
"psychiatric mental health nurse" shall be fixed by the board at not
less than three hundred fifty dollars ($350) nor more than seven
hundred fifty dollars ($750).
(q) The fee to be paid for duplicate National Council Licensure
Examination for registered nurses (NCLEX-RN) examination results
shall be not less than sixty dollars ($60) nor more than one hundred
dollars ($100).
(r) The fee to be paid for a letter certifying a license shall be
not less than twenty dollars ($20) nor more than thirty dollars
($30).
No further fee shall be required for a license or a renewal
thereof other than as prescribed by this chapter.
SEC. 19. SEC. 18. Section 2815.5 of
the Business and Professions Code is amended to read:
2815.5. The amount of the fees prescribed by this chapter in
connection with the issuance of certificates as nurse-midwives is
that fixed by the following schedule:
(a) The fee to be paid upon the filing of an application for a
certificate shall be fixed by the board at not less than five hundred
dollars ($500) nor more than one thousand five hundred dollars
($1,500).
(b) The biennial fee to be paid upon the application for a renewal
of a certificate shall be fixed by the board at not less than one
hundred fifty dollars ($150) nor more than one thousand dollars
($1,000).
(c) The penalty fee for failure to renew a certificate within the
prescribed time shall be 50 percent of the renewal fee in effect on
the date of the renewal of the license, but not less than
seventy-five dollars ($75) nor more than five hundred dollars ($500).
(d) The fee to be paid upon the filing of an application for the
nurse-midwife equivalency examination shall be fixed by the board at
not less than one hundred dollars ($100) nor more than two hundred
dollars ($200).
(e) The fee to be paid for a temporary certificate shall be fixed
by the board at not less than one hundred fifty dollars ($150) nor
more than five hundred dollars ($500).
SEC. 20. SEC. 19. Section 2816 of
the Business and Professions Code is amended to read:
2816. The nonrefundable fee to be paid by a registered nurse for
an evaluation of his or her qualifications to use the title "public
health nurse" shall be equal to the fees set out in subdivision (o)
of Section 2815. The fee to be paid upon the application for renewal
of the certificate to practice as a public health nurse shall be
fixed by the board at not less than one hundred twenty-five dollars
($125) and not more than five hundred dollars ($500). All fees
payable under this section shall be collected by and paid to the
Registered Nursing Fund. It is the intention of the Legislature that
the costs of carrying out the purposes of this article shall be
covered by the revenue collected pursuant to this section.
SEC. 21. SEC. 20. Section 2830.7 of
the Business and Professions Code is amended to read:
2830.7. The amount of the fees prescribed by this chapter in
connection with the issuance of certificates as nurse anesthetists is
that fixed by the following schedule:
(a) The fee to be paid upon the filing of an application for a
certificate shall be fixed by the board at not less than five hundred
dollars ($500) nor more than one thousand five hundred dollars
($1,500).
(b) The biennial fee to be paid upon the application for a renewal
of a certificate shall be fixed by the board at not less than one
hundred fifty dollars ($150) nor more than one thousand dollars
($1,000).
(c) The penalty fee for failure to renew a certificate within the
prescribed time shall be 50 percent of the renewal fee in effect on
the date of the renewal of the license, but not less than
seventy-five dollars ($75) nor more than five hundred dollars ($500).
(d) The fee to be paid for a temporary certificate shall be fixed
by the board at not less than one hundred fifty dollars ($150) nor
more than five hundred dollars ($500).
SEC. 22. SEC. 21. Section 2836.3 of
the Business and Professions Code is amended to read:
2836.3. (a) The furnishing of drugs or devices by nurse
practitioners is conditional on issuance by the board of a number to
the nurse applicant who has successfully completed the requirements
of subdivision (g) of Section 2836.1. The number shall be included on
all transmittals of orders for drugs or devices by the nurse
practitioner. The board shall make the list of numbers issued
available to the Board of Pharmacy. The board may charge the
applicant a fee to cover all necessary costs to implement this
section, that shall be not less than four hundred dollars ($400) nor
more than one thousand five hundred dollars ($1,500) for an initial
application, nor less than one hundred fifty dollars ($150) nor more
than one thousand dollars ($1,000) for an application for renewal.
The board may charge a penalty fee for failure to renew a furnishing
number within the prescribed time that shall be not less than
seventy-five dollars ($75) nor more than five hundred dollars ($500).
(b) The number shall be renewable at the time of the applicant's
registered nurse license renewal.
(c) The board may revoke, suspend, or deny issuance of the numbers
for incompetence or gross negligence in the performance of functions
specified in Sections 2836.1 and 2836.2.
SEC. 23. SEC. 22. Section 2838.2 of
the Business and Professions Code is amended to read:
2838.2. (a) A clinical nurse specialist is a registered nurse
with advanced education, who participates in expert clinical
practice, education, research, consultation, and clinical leadership
as the major components of his or her role.
(b) The board may establish categories of clinical nurse
specialists and the standards required to be met for nurses to hold
themselves out as clinical nurse specialists in each category. The
standards shall take into account the types of advanced levels of
nursing practice that are or may be performed and the clinical and
didactic education, experience, or both needed to practice safety at
those levels. In setting the standards, the board shall consult with
clinical nurse specialists, physicians and surgeons appointed by the
Medical Board with expertise with clinical nurse specialists, and
health care organizations that utilize clinical nurse specialists.
(c) A registered nurse who meets one of the following requirements
may apply to become a clinical nurse specialist:
(1) Possession of a master's degree in a clinical field of
nursing.
(2) Possession of a master's degree in a clinical field related to
nursing with course work in the components referred to in
subdivision (a).
(3) On or before July 1, 1998, meets the following requirements:
(A) Current licensure as a registered nurse.
(B) Performs the role of a clinical nurse specialist as described
in subdivision (a).
(C) Meets any other criteria established by the board.
(d) (1) A nonrefundable fee of not less than five hundred dollars
($500), but not to exceed one thousand five hundred dollars ($1,500)
shall be paid by a registered nurse applying to be a clinical nurse
specialist for the evaluation of his or her qualifications to use the
title "clinical nurse specialist."
(2) The fee to be paid for a temporary certificate to practice as
a clinical nurse specialist shall be not less than thirty dollars
($30) nor more than fifty dollars ($50).
(3) A biennial renewal fee shall be paid upon submission of an
application to renew the clinical nurse specialist certificate and
shall be established by the board at no less than one hundred fifty
dollars ($150) and no more than one thousand dollars ($1,000).
(4) The penalty fee for failure to renew a certificate within the
prescribed time shall be 50 percent of the renewal fee in effect on
the date of the renewal of the license, but not less than
seventy-five dollars ($75) nor more than five hundred dollars ($500).
(5) The fees authorized by this subdivision shall not exceed the
amount necessary to cover the costs to the board to administer this
section.
SEC. 24. SEC. 23. Section 4128.2 of
the Business and Professions Code is amended to read:
4128.2. (a) In addition to the pharmacy license requirement
described in Section 4110, a centralized hospital packaging pharmacy
shall obtain a specialty license from the board prior to engaging in
the functions described in Section 4128.
(b) An applicant seeking a specialty license pursuant to this
article shall apply to the board on forms established by the board.
(c) Before issuing the specialty license, the board shall inspect
the pharmacy and ensure that the pharmacy is in compliance with this
article and regulations established by the board.
(d) A license to perform the functions described in Section 4128
may only be issued to a pharmacy that is licensed by the board as a
hospital pharmacy.
(e) A license issued pursuant to this article shall be renewed
annually and is not transferrable.
(f) An applicant seeking renewal of a specialty license shall
apply to the board on forms established by the board.
(g) A license to perform the functions described in Section 4128
shall not be renewed until the pharmacy has been inspected by the
board and found to be in compliance with this article and regulations
established by the board.
SEC. 25. SEC. 24. Section 4400 of
the Business and Professions Code is amended to read:
4400. The amount of fees and penalties prescribed by this
chapter, except as otherwise provided, is that fixed by the board
according to the following schedule:
(a) The fee for a nongovernmental pharmacy license shall be four
hundred dollars ($400) and may be increased to five hundred twenty
dollars ($520). The fee for the issuance of a temporary
nongovernmental pharmacy permit shall be two hundred fifty dollars
($250) and may be increased to three hundred twenty-five dollars
($325).
(b) The fee for a nongovernmental pharmacy license annual renewal
shall be two hundred fifty dollars ($250) and may be increased to
three hundred twenty-five dollars ($325).
(c) The fee for the pharmacist application and examination shall
be two hundred dollars ($200) and may be increased to two hundred
sixty dollars ($260).
(d) The fee for regrading an examination shall be ninety dollars
($90) and may be increased to one hundred fifteen dollars ($115). If
an error in grading is found and the applicant passes the
examination, the regrading fee shall be refunded.
(e) The fee for a pharmacist license and biennial renewal shall be
one hundred fifty dollars ($150) and may be increased to one hundred
ninety-five dollars ($195).
(f) The fee for a nongovernmental wholesaler or third-party
logistics provider license and annual renewal shall be seven hundred
eighty dollars ($780) and may be decreased to no less than six
hundred dollars ($600). The application fee for any additional
location after licensure of the first 20 locations shall be three
hundred dollars ($300) and may be decreased to no less than two
hundred twenty-five dollars ($225). A temporary license fee shall be
seven hundred fifteen dollars ($715) and may be decreased to no less
than five hundred fifty dollars ($550).
(g) The fee for a hypodermic license and renewal shall be one
hundred twenty-five dollars ($125) and may be increased to one
hundred sixty-five dollars ($165).
(h) (1) The fee for application, investigation, and issuance of a
license as a designated representative pursuant to Section 4053, or
as a designated representative-3PL pursuant to Section 4053.1, shall
be three hundred thirty dollars ($330) and may be decreased to no
less than two hundred fifty-five dollars ($255).
(2) The fee for the annual renewal of a license as a designated
representative or designated representative-3PL shall be one hundred
ninety-five dollars ($195) and may be decreased to no less than one
hundred fifty dollars ($150).
(i) (1) The fee for the application, investigation, and issuance
of a license as a designated representative for a veterinary
food-animal drug retailer pursuant to Section 4053 shall be three
hundred thirty dollars ($330) and may be decreased to no less than
two hundred fifty-five dollars ($255).
(2) The fee for the annual renewal of a license as a designated
representative for a veterinary food-animal drug retailer shall be
one hundred ninety-five dollars ($195) and may be decreased to no
less than one hundred fifty dollars ($150).
(j) (1) The application fee for a nonresident wholesaler or
third-party logistics provider license issued pursuant to Section
4161 shall be seven hundred eighty dollars ($780) and may be
decreased to no less than six hundred dollars ($600).
(2) For nonresident wholesalers or third-party logistics providers
that have 21 or more facilities operating nationwide the application
fees for the first 20 locations shall be seven hundred eighty
dollars ($780) and may be decreased to no less than six hundred
dollars ($600). The application fee for any additional location after
licensure of the first 20 locations shall be three hundred dollars
($300) and may be decreased to no less than two hundred twenty-five
dollars ($225). A temporary license fee shall be seven hundred
fifteen dollars ($715) and may be decreased to no less than five
hundred fifty dollars ($550).
(3) The annual renewal fee for a nonresident wholesaler license or
third-party logistics provider license issued pursuant to Section
4161 shall be seven hundred eighty dollars ($780) and may be
decreased to no less than six hundred dollars ($600).
(k) The fee for evaluation of continuing education courses for
accreditation shall be set by the board at an amount not to exceed
forty dollars ($40) per course hour.
( l ) The fee for an intern pharmacist license shall be
ninety dollars ($90) and may be increased to one hundred fifteen
dollars ($115). The fee for transfer of intern hours or verification
of licensure to another state shall be twenty-five dollars ($25) and
may be increased to thirty dollars ($30).
(m) The board may waive or refund the additional fee for the
issuance of a license where the license is issued less than 45 days
before the next regular renewal date.
(n) The fee for the reissuance of any license, or renewal thereof,
that has been lost or destroyed or reissued due to a name change
shall be thirty-five dollars ($35) and may be increased to forty-five
dollars ($45).
(o) The fee for the reissuance of any license, or renewal thereof,
that must be reissued because of a change in the information, shall
be one hundred dollars ($100) and may be increased to one hundred
thirty dollars ($130).
(p) It is the intent of the Legislature that, in setting fees
pursuant to this section, the board shall seek to maintain a reserve
in the Pharmacy Board Contingent Fund equal to
approximately one year's operating
expenditures.
(q) The fee for any applicant for a nongovernmental clinic license
shall be four hundred dollars ($400) and may be increased to five
hundred twenty dollars ($520) for each license. The annual fee for
renewal of the license shall be two hundred fifty dollars ($250) and
may be increased to three hundred twenty-five dollars ($325) for each
license.
(r) The fee for the issuance of a pharmacy technician license
shall be eighty dollars ($80) and may be increased to one hundred
five dollars ($105). The fee for renewal of a pharmacy technician
license shall be one hundred dollars ($100) and may be increased to
one hundred thirty dollars ($130).
(s) The fee for a veterinary food-animal drug retailer license
shall be four hundred five dollars ($405) and may be increased to
four hundred twenty-five dollars ($425). The annual renewal fee for a
veterinary food-animal drug retailer license shall be two hundred
fifty dollars ($250) and may be increased to three hundred
twenty-five dollars ($325).
(t) The fee for issuance of a retired license pursuant to Section
4200.5 shall be thirty-five dollars ($35) and may be increased to
forty-five dollars ($45).
(u) The fee for issuance or renewal of a nongovernmental sterile
compounding pharmacy license shall be six hundred dollars ($600) and
may be increased to seven hundred eighty dollars ($780). The fee for
a temporary license shall be five hundred fifty dollars ($550) and
may be increased to seven hundred fifteen dollars ($715).
(v) The fee for the issuance or renewal of a nonresident sterile
compounding pharmacy license shall be seven hundred eighty dollars
($780). In addition to paying that application fee, the nonresident
sterile compounding pharmacy shall deposit, when submitting the
application, a reasonable amount, as determined by the board,
necessary to cover the board's estimated cost of performing the
inspection required by Section 4127.2. If the required deposit is not
submitted with the application, the application shall be deemed to
be incomplete. If the actual cost of the inspection exceeds the
amount deposited, the board shall provide to the applicant a written
invoice for the remaining amount and shall not take action on the
application until the full amount has been paid to the board. If the
amount deposited exceeds the amount of actual and necessary costs
incurred, the board shall remit the difference to the applicant.
(w) This section shall become inoperative on July 1, 2017, and as
of January 1, 2018, is repealed.
SEC. 26. SEC. 25. Section 4400 is
added to the Business and Professions Code, to read:
4400. The amount of fees and penalties prescribed by this
chapter, except as otherwise provided, is that fixed by the board
according to the following schedule:
(a) The fee for a nongovernmental pharmacy license shall be five
hundred twenty dollars ($520) and may be increased to five hundred
seventy dollars ($570). The fee for the issuance of a temporary
nongovernmental pharmacy permit shall be two hundred fifty dollars
($250) and may be increased to three hundred twenty-five dollars
($325).
(b) The fee for a nongovernmental pharmacy license annual renewal
shall be six hundred sixty-five dollars ($665) and may be increased
to nine hundred thirty dollars ($930).
(c) The fee for the pharmacist application and examination shall
be two hundred sixty dollars ($260) and may be increased to two
hundred eighty-five dollars ($285).
(d) The fee for regrading an examination shall be ninety dollars
($90) and may be increased to one hundred fifteen dollars ($115). If
an error in grading is found and the applicant passes the
examination, the regrading fee shall be refunded.
(e) The fee for a pharmacist license shall be one hundred
ninety-five dollars ($195) and may be increased to two hundred
fifteen dollars ($215). The fee for a pharmacist biennial renewal
shall be three hundred sixty dollars ($360) and may be increased to
five hundred five dollars ($505).
(f) The fee for a nongovernmental wholesaler or third-party
logistics provider license and annual renewal shall be seven hundred
eighty dollars ($780) and may be increased to eight hundred twenty
dollars ($820). The application fee for any additional location after
licensure of the first 20 locations shall be three hundred dollars
($300) and may be decreased to no less than two hundred twenty-five
dollars ($225). A temporary license fee shall be seven hundred
fifteen dollars ($715) and may be decreased to no less than five
hundred fifty dollars ($550).
(g) The fee for a hypodermic license shall be one hundred seventy
dollars ($170) and may be increased to two hundred forty dollars
($240). The fee for a hypodermic license renewal shall be two hundred
dollars ($200) and may be increased to two hundred eighty dollars
($280).
(h) (1) The fee for application, investigation, and issuance of a
license as a designated representative pursuant to Section 4053, or
as a designated representative-3PL pursuant to Section 4053.1, shall
be one hundred fifty dollars ($150) and may be increased to two
hundred ten dollars ($210).
(2) The fee for the annual renewal of a license as a designated
representative or designated representative-3PL shall be two hundred
fifteen dollars ($215) and may be increased to three hundred dollars
($300).
(i) (1) The fee for the application, investigation, and issuance
of a license as a designated representative for a veterinary
food-animal drug retailer pursuant to Section 4053 shall be one
hundred fifty dollars ($150) and may be increased to two hundred ten
dollars ($210).
(2) The fee for the annual renewal of a license as a designated
representative for a veterinary food-animal drug retailer shall be
two hundred fifteen dollars ($215) and may be increased to three
hundred dollars ($300).
(j) (1) The application fee for a nonresident wholesaler or
third-party logistics provider license issued pursuant to Section
4161 shall be seven hundred eighty dollars ($780) and may be
increased to eight hundred twenty dollars ($820).
(2) For nonresident wholesalers or third-party logistics providers
that have 21 or more facilities operating nationwide the application
fees for the first 20 locations shall be seven hundred eighty
dollars ($780) and may be increased to eight hundred twenty dollars
($820). The application fee for any additional location after
licensure of the first 20 locations shall be three hundred dollars
($300) and may be decreased to no less than two hundred twenty-five
dollars ($225). A temporary license fee shall be seven hundred
fifteen dollars ($715) and may be decreased to no less than five
hundred fifty dollars ($550).
(3) The annual renewal fee for a nonresident wholesaler license or
third-party logistics provider license issued pursuant to Section
4161 shall be seven hundred eighty dollars ($780) and may be
increased to eight hundred twenty dollars ($820).
(k) The fee for evaluation of continuing education courses for
accreditation shall be set by the board at an amount not to exceed
forty dollars ($40) per course hour.
( l ) The fee for an intern pharmacist license shall be
one hundred sixty-five dollars ($165) and may be increased to two
hundred thirty dollars ($230). The fee for transfer of intern hours
or verification of licensure to another state shall be twenty-five
dollars ($25) and may be increased to thirty dollars ($30).
(m) The board may waive or refund the additional fee for the
issuance of a license where the license is issued less than 45 days
before the next regular renewal date.
(n) The fee for the reissuance of any license, or renewal thereof,
that has been lost or destroyed or reissued due to a name change
shall be thirty-five dollars ($35) and may be increased to forty-five
dollars ($45).
(o) The fee for the reissuance of any license, or renewal thereof,
that must be reissued because of a change in the information, shall
be one hundred dollars ($100) and may be increased to one hundred
thirty dollars ($130).
(p) It is the intent of the Legislature that, in setting fees
pursuant to this section, the board shall seek to maintain a reserve
in the Pharmacy Board Contingent Fund equal to approximately one year'
s operating expenditures.
(q) The fee for any applicant for a nongovernmental clinic license
shall be five hundred twenty dollars ($520) for each license and may
be increased to five hundred seventy dollars ($570). The annual fee
for renewal of the license shall be three hundred twenty-five dollars
($325) for each license and may be increased to three hundred sixty
dollars ($360).
(r) The fee for the issuance of a pharmacy technician license
shall be one hundred forty dollars ($140) and may be increased to one
hundred ninety-five dollars ($195). The fee for renewal of a
pharmacy technician license shall be one hundred forty dollars ($140)
and may be increased to one hundred ninety-five dollars ($195).
(s) The fee for a veterinary food-animal drug retailer license
shall be four hundred thirty-five dollars ($435) and may be increased
to six hundred ten dollars ($610). The annual renewal fee for a
veterinary food-animal drug retailer license shall be three hundred
thirty dollars ($330) and may be increased to four hundred sixty
dollars ($460).
(t) The fee for issuance of a retired license pursuant to Section
4200.5 shall be thirty-five dollars ($35) and may be increased to
forty-five dollars ($45).
(u) The fee for issuance of a nongovernmental sterile compounding
pharmacy license shall be one thousand six hundred forty-five dollars
($1,645) and may be increased to two thousand three hundred five
dollars ($2,305). The fee for a temporary license shall be five
hundred fifty dollars ($550) and may be increased to seven hundred
fifteen dollars ($715). The annual renewal fee of the license shall
be one thousand three hundred twenty-five dollars ($1,325) and may be
increased to one thousand eight hundred fifty-five dollars ($1,855).
(v) The fee for the issuance of a nonresident sterile compounding
pharmacy license shall be two thousand three hundred eighty dollars
($2,380) and may be increased to three thousand three hundred
thirty-five dollars ($3,335). The annual renewal of the license shall
be two thousand two hundred seventy dollars ($2,270) and may be
increased to three thousand one hundred eighty dollars ($3,180). In
addition to paying that application fee, the nonresident sterile
compounding pharmacy shall deposit, when submitting the application,
a reasonable amount, as determined by the board, necessary to cover
the board's estimated cost of performing the inspection required by
Section 4127.2. If the required deposit is not submitted with the
application, the application shall be deemed to be incomplete. If the
actual cost of the inspection exceeds the amount deposited, the
board shall provide to the applicant a written invoice for the
remaining amount and shall not take action on the application until
the full amount has been paid to the board. If the amount deposited
exceeds the amount of actual and necessary costs incurred, the board
shall remit the difference to the applicant.
(w) The fee for the issuance of a centralized hospital packaging
license shall be eight hundred twenty dollars ($820) and may be
increased to one thousand one hundred fifty dollars ($1,150). The
annual renewal of the license shall be eight hundred five dollars
($805) and may be increased to one thousand one hundred twenty-five
dollars ($1,125).
(x) This section shall become operative on July 1, 2017.
SEC. 27. Chapter 15 (commencing with Section
4999) of Division 2 of the Business and Professions Code is repealed.
SEC. 26. Section 4999 of the Business
and Professions Code is amended to read:
4999. (a) Any
"Telephone medical advice service" means any
business entity that employs, or contracts or subcontracts, directly
or indirectly, with, the full-time equivalent of five or more persons
functioning as health care professionals, whose primary function is
to provide telephone medical advice, that provides telephone medical
advice services to a patient at a California address shall
be registered with the Telephone Medical Advice Services Bureau.
(b) A
address. "Telephone medical advice service" does not include a
medical group that operates in multiple locations in California
shall not be required to register pursuant to this section
if no more than five full-time equivalent persons at any
one location perform telephone medical advice services and those
persons limit the telephone medical advice services to patients being
treated at that location.
(c) Protection of the public shall be the highest priority for the
bureau in exercising its registration, regulatory, and disciplinary
functions. Whenever the protection of the public is inconsistent with
other interests sought to be promoted, the protection of the public
shall be paramount.
SEC. 27. Section 4999.1 of the Business
and Professions Code is repealed.
4999.1. Application for registration as a telephone medical
advice service shall be made on a form prescribed by the department,
accompanied by the fee prescribed pursuant to Section 4999.5. The
department shall make application forms available. Applications shall
contain all of the following:
(a) The signature of the individual owner of the telephone medical
advice service, or of all of the partners if the service is a
partnership, or of the president or secretary if the service is a
corporation. The signature shall be accompanied by a resolution or
other written communication identifying the individual whose
signature is on the form as owner, partner, president, or secretary.
(b) The name under which the person applying for the telephone
medical advice service proposes to do business.
(c) The physical address, mailing address, and telephone number of
the business entity.
(d) The designation, including the name and physical address, of
an agent for service of process in California.
(e) A list of all health care professionals providing medical
advice services that are required to be licensed, registered, or
certified pursuant to this chapter. This list shall be submitted to
the department on a form to be prescribed by the department and shall
include, but not be limited to, the name, state of licensure, type
of license, and license number.
(f) The department shall be notified within 30 days of any change
of name, physical location, mailing address, or telephone number of
any business, owner, partner, corporate officer, or agent for service
of process in California, together with copies of all resolutions or
other written communications that substantiate these changes.
SEC. 28. Section 4999.2 of the Business
and Professions Code is amended to read:
4999.2. (a) In
order to obtain and maintain a registration, a A
telephone medical advice service shall comply
be responsible for complying with the
requirements established by the department. Those requirements shall
include, but shall not be limited to, all of the following:
following requirements:
(1) (A)
(a) (1) Ensuring that all health
care professionals who provide medical advice services are
appropriately licensed, certified, or registered as a physician and
surgeon pursuant to Chapter 5 (commencing with Section 2000) or the
Osteopathic Initiative Act, as a dentist, dental hygienist, dental
hygienist in alternative practice, or dental hygienist in extended
functions pursuant to Chapter 4 (commencing with Section 1600), as an
occupational therapist pursuant to Chapter 5.6 (commencing with
Section 2570), as a registered nurse pursuant to Chapter 6
(commencing with Section 2700), as a psychologist pursuant to Chapter
6.6 (commencing with Section 2900), as a naturopathic doctor
pursuant to Chapter 8.2 (commencing with Section 3610), as a marriage
and family therapist pursuant to Chapter 13 (commencing with Section
4980), as a licensed clinical social worker pursuant to Chapter 14
(commencing with Section 4991), as a licensed professional clinical
counselor pursuant to Chapter 16 (commencing with Section 4999.10),
as an optometrist pursuant to Chapter 7 (commencing with Section
3000), or as a chiropractor pursuant to the Chiropractic Initiative
Act, and operating consistent with the laws governing their
respective scopes of practice in the state within which they provide
telephone medical advice services, except as provided in
paragraph (2). subdivision (b).
(B)
(2) Ensuring that all health care professionals who
provide telephone medical advice services from an out-of-state
location, as identified in subparagraph (A),
paragraph (1), are licensed, registered, or certified in the
state within which they are providing the telephone medical advice
services and are operating consistent with the laws governing their
respective scopes of practice.
(2)
(b) Ensuring that the telephone medical advice provided
is consistent with good professional practice.
(3)
(c) Maintaining records of telephone medical advice
services, including records of complaints, provided to patients in
California for a period of at least five years.
(4)
(d) Ensuring that no staff member uses a title or
designation when speaking to an enrollee, subscriber, or consumer
that may cause a reasonable person to believe that the staff member
is a licensed, certified, or registered health care professional
described in subparagraph (A) of paragraph (1),
paragraph (1) of subdivision (a), unless the staff member
is a licensed, certified, or registered professional.
(5)
(e) Complying with all directions and requests for
information made by the department.
(6)
(f) Notifying the department within 30 days of any
change of name, physical location, mailing address, or telephone
number of any business, owner, partner, corporate officer, or agent
for service of process in California, together with copies of all
resolutions or other written communications that substantiate these
changes.
(7) Submitting quarterly reports, on a form prescribed by the
department, to the department within 30 days of the end of each
calendar quarter.
(b) To the extent permitted by Article VII of the California
Constitution, the department may contract with a private nonprofit
accrediting agency to evaluate the qualifications of applicants for
registration pursuant to this chapter and to make recommendations to
the department.
SEC. 29. Section 4999.3 of the Business
and Professions Code is repealed.
4999.3. (a) The department may suspend, revoke, or otherwise
discipline a registrant or deny an application for registration as a
telephone medical advice service based on any of the following:
(1) Incompetence, gross negligence, or repeated similar negligent
acts performed by the registrant or any employee of the registrant.
(2) An act of dishonesty or fraud by the registrant or any
employee of the registrant.
(3) The commission of any act, or being convicted of a crime, that
constitutes grounds for denial or revocation of licensure pursuant
to any provision of this division.
(b) The 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 department shall have all powers
granted therein.
(c) Copies of any complaint against a telephone medical advice
service shall be forwarded to the Department of Managed Health Care.
(d) The department shall forward a copy of any complaint submitted
to the department pursuant to this chapter to the entity that issued
the license to the licensee involved in the advice provided to the
patient.
SEC. 30. Section 4999.4 of the Business
and Professions Code is repealed.
4999.4. (a) Every registration issued to a telephone medical
advice service shall expire 24 months after the initial date of
issuance.
(b) To renew an unexpired registration, the registrant shall,
before the time at which the registration would otherwise expire, pay
the renewal fee authorized by Section 4999.5.
(c) An expired registration may be renewed at any time within
three years after its expiration upon the filing of an application
for renewal on a form prescribed by the bureau and the payment of all
fees authorized by Section 4999.5. A registration that is not
renewed within three years following its expiration shall not be
renewed, restored, or reinstated thereafter, and the delinquent
registration shall be canceled immediately upon expiration of the
three-year period.
SEC. 31. Section 4999.5 of the Business
and Professions Code is repealed.
4999.5. The department may set fees for registration and renewal
as a telephone medical advice service sufficient to pay the costs of
administration of this chapter.
SEC. 32. Section 4999.5 is added to the
Business and Professions Code , to read:
4999.5. The respective healing arts licensing boards shall be
responsible for enforcing this chapter and any other laws and
regulations affecting California licensed health care professionals
providing telephone medical advice services.
SEC. 33. Section 4999.6 of the Business
and Professions Code is repealed.
4999.6. The department may adopt, amend, or repeal any rules and
regulations that are reasonably necessary to carry out this chapter.
A telephone medical advice services provider who provides telephone
medical advice to a significant total number of charity or medically
indigent patients may, at the discretion of the director, be exempt
from the fee requirements imposed by this chapter. However, those
providers shall comply with all other provisions of this chapter.
SEC. 28. SEC. 34. Section 7137 of
the Business and Professions Code is amended to read:
7137. The board shall set fees by regulation. These fees shall
not exceed the following schedule:
(a) (1) The application fee for an original license in a single
classification shall not be more than three hundred sixty dollars
($360).
(2) The application fee for each additional classification applied
for in connection with an original license shall not be more than
seventy-five dollars ($75).
(3) The application fee for each additional classification
pursuant to Section 7059 shall not be more than three hundred dollars
($300).
(4) The application fee to replace a responsible managing officer,
responsible managing manager, responsible managing member, or
responsible managing employee pursuant to Section 7068.2 shall not be
more than three hundred dollars ($300).
(5) The application fee to add personnel, other than a qualifying
individual, to an existing license shall not be more than one hundred
fifty dollars ($150).
(b) The fee for rescheduling an examination for an applicant who
has applied for an original license, additional classification, a
change of responsible managing officer, responsible managing manager,
responsible managing member, or responsible managing employee, or
for an asbestos certification or hazardous substance removal
certification, shall not be more than sixty dollars ($60).
(c) The fee for scheduling or rescheduling an examination for a
licensee who is required to take the examination as a condition of
probation shall not be more than sixty dollars ($60).
(d) The initial license fee for an active or inactive license
shall not be more than two hundred twenty dollars ($220).
(e) (1) The renewal fee for an active license shall not be more
than four hundred thirty dollars ($430).
(2) The renewal fee for an inactive license shall not be more than
two hundred twenty dollars ($220).
(f) The delinquency fee is an amount equal to 50 percent of the
renewal fee, if the license is renewed after its expiration.
(g) The registration fee for a home improvement salesperson shall
not be more than ninety dollars ($90).
(h) The renewal fee for a home improvement salesperson
registration shall not be more than ninety dollars ($90).
(i) The application fee for an asbestos certification examination
shall not be more than ninety dollars ($90).
(j) The application fee for a hazardous substance removal or
remedial action certification examination shall not be more than
ninety dollars ($90).
(k) In addition to any other fees charged to C-10 and C-7
contractors, the board may charge a fee not to exceed twenty dollars
($20), which shall be used by the board to enforce provisions of the
Labor Code related to electrician certification.
(l) The board shall, by regulation, establish criteria for the
approval of expedited processing of applications. Approved expedited
processing of applications for licensure or registration, as required
by other provisions of law, shall not be subject to this
subdivision.
SEC. 29. SEC. 35. Section 7153.3 of
the Business and Professions Code is amended to read:
7153.3. (a) To renew a home improvement salesperson registration,
which has not expired, the registrant shall before the time at which
the registration would otherwise expire, apply for renewal on a form
prescribed by the registrar and pay a renewal fee prescribed by this
chapter. Renewal of an unexpired registration shall continue the
registration in effect for the two-year period following the
expiration date of the registration, when it shall expire if it is
not again renewed.
(b) An application for renewal of registration is delinquent if
the application is not postmarked or received via electronic
transmission as authorized by Section 7156.6
by the date on which the registration would
otherwise expire. A registration may, however, still be renewed at
any time within three years after its expiration upon the filing of
an application for renewal on a form prescribed by the registrar and
the payment of the renewal fee prescribed by this chapter and a
delinquent renewal penalty equal to 50 percent of the renewal fee. If
a registration is not renewed within three years, the person shall
make a new application for registration pursuant to Section 7153.1.
(c) The registrar may refuse to renew a registration for failure
by the registrant to complete the application for renewal of
registration. If a registrant fails to return the application
rejected for insufficiency or incompleteness within 90 days from the
original date of rejection, the application and fee shall be deemed
abandoned. Any application abandoned may not be reinstated. However,
the person may file a new application for registration pursuant to
Section 7153.1.
The registrar may review and accept the petition of a person who
disputes the abandonment of his or her renewal application upon a
showing of good cause. This petition shall be received within 90 days
of the date the application for renewal is deemed abandoned.
SEC. 30. SEC. 36. Section 8031 of the
Business and Professions Code is amended to read:
8031. The amount of the fees required by this chapter is that
fixed by the board in accordance with the following schedule:
(a) The fee for filing an application for each examination shall
be no more than forty dollars ($40).
(b) The fee for examination and reexamination for the written or
practical part of the examination shall be in an amount fixed by the
board, which shall be equal to the actual cost of preparing,
administering, grading, and analyzing the examination, but shall not
exceed seventy-five dollars ($75) for each separate part, for each
administration.
(c) The initial certificate fee is an amount equal to the renewal
fee in effect on the last regular renewal date before the date on
which the certificate is issued, except that, if the certificate will
expire less than 180 days after its issuance, then the fee is 50
percent of the renewal fee in effect on the last regular renewal date
before the date on which the certificate is issued, or fifty dollars
($50), whichever is greater. The board may, by appropriate
regulation, provide for the waiver or refund of the initial
certificate fee where the certificate is issued less than 45 days
before the date on which it will expire.
(d) By a resolution adopted by the board, a renewal fee may be
established in such amounts and at such times as the board may deem
appropriate to meet its operational expenses and funding
responsibilities as set forth in this chapter. The renewal fee shall
not be more than two hundred fifty dollars ($250) nor less than ten
dollars ($10) annually, with the following exception:
Any person who is employed full time by the State of California as
a hearing reporter and who does not otherwise render shorthand
reporting services for a fee shall be exempt from licensure while in
state employment and shall not be subject to the renewal fee
provisions of this subdivision until 30 days after leaving state
employment. The renewal fee shall, in addition to the amount fixed by
this subdivision, include any unpaid fees required by this section
plus any delinquency fee.
(e) The duplicate certificate fee shall be no greater than ten
dollars ($10).
(f) The penalty for failure to notify the board of a change of
name or address as required by Section 8024.6 shall be no greater
than fifty dollars ($50).
SEC. 31. SEC. 37. Section 8516 of
the Business and Professions Code is amended to read:
8516. (a) This section, and Section 8519, apply only to wood
destroying pests or organisms.
(b) A registered company or licensee shall not commence work on a
contract, or sign, issue, or deliver any documents expressing an
opinion or statement relating to the absence or presence of wood
destroying pests or organisms until an inspection has been made by a
licensed Branch 3 field representative or operator employed by a
registered company, except as provided in Section 8519.5. The address
of each property inspected or upon which work is completed shall be
reported on a form prescribed by the board and shall be filed with
the board no later than 10 business days after the commencement of an
inspection or upon completed work.
Every property inspected pursuant to this subdivision or Section
8518 shall be assessed a filing fee pursuant to Section 8674.
Failure of a registered company to report and file with the board
the address of any property inspected or work completed pursuant to
Section 8518 or this section is grounds for disciplinary action and
shall subject the registered company to a fine of not more than two
thousand five hundred dollars ($2,500). The address of an inspection
report prepared for use by an attorney for litigation purposes shall
not be required to be reported to the board and shall not be assessed
a filing fee.
A written inspection report conforming to this section and a form
approved by the board shall be prepared and delivered to the person
requesting the inspection and the property owner, or to the property
owner's designated agent, within 10 business days from the start of
the inspection, except that an inspection report prepared for use by
an attorney for litigation purposes is not required to be reported to
the board or the property owner. An inspection report may be a
complete, limited, supplemental, or reinspection report, as defined
by Section 1993 of Title 16 of the California Code of Regulations.
The report shall be delivered before work is commenced on any
property. The registered company shall retain for three years all
inspection reports, field notes, and activity forms.
Reports shall be made available for inspection and reproduction to
the executive officer of the board or his or her duly authorized
representative during business hours. All inspection reports or
copies thereof shall be submitted to the board upon demand within two
business days. The following shall be set forth in the report:
(1) The start date of the inspection and the name of the licensed
field representative or operator making the inspection.
(2) The name and address of the person or firm ordering the
report.
(3) The name and address of the property owner and any person who
is a party in interest.
(4) The address or location of the property.
(5) A general description of the building or premises inspected.
(6) A foundation diagram or sketch of the structure or structures
or portions of the structure or structures inspected, including the
approximate location of any infested or infected areas evident, and
the parts of the structure where conditions that would ordinarily
subject those parts to attack by wood destroying pests or organisms
exist. Reporting of the infested or infected wood members, or parts
of the structure identified, shall be listed in the inspection report
to clearly identify them, as is typical in standard construction
components, including, but not limited to, siding, studs, rafters,
floor joists, fascia, subfloor, sheathing, and trim boards.
(7) Information regarding the substructure, foundation walls and
footings, porches, patios and steps, air vents, abutments, attic
spaces, roof framing that includes the eaves, rafters, fascias,
exposed timbers, exposed sheathing, ceiling joists, and attic walls,
or other parts subject to attack by wood destroying pests or
organisms. Conditions usually deemed likely to lead to infestation or
infection, such as earth-wood contacts, excessive cellulose debris,
faulty grade levels, excessive moisture conditions, evidence of roof
leaks, and insufficient ventilation are to be reported.
(8) One of the following statements, as appropriate, printed in
bold type:
(A) The exterior surface of the roof was not inspected. If you
want the water tightness of the roof determined, you should contact a
roofing contractor who is licensed by the Contractors' State License
Board.
(B) The exterior surface of the roof was inspected to determine
whether or not wood destroying pests or organisms are present.
(9) Indication or description of any areas that are inaccessible
or not inspected with recommendation for further inspection if
practicable. If, after the report has been made in compliance with
this section, authority is given later to open inaccessible areas, a
supplemental report on conditions in these areas shall be made.
(10) Recommendations for corrective measures.
(11) Information regarding the pesticide or pesticides to be used
for their control or prevention as set forth in subdivision (a) of
Section 8538.
(12) The inspection report shall clearly disclose that if
requested by the person ordering the original report, a reinspection
of the structure will be performed if an estimate or bid for making
repairs was given with the original inspection report, or thereafter.
An estimate or bid shall be given separately allocating the costs
to perform each and every recommendation for corrective measures as
specified in subdivision (c) with the original inspection report if
the person who ordered the original inspection report so requests,
and if the registered company is regularly in the business of
performing each corrective measure.
If no estimate or bid was given with the original inspection
report, or thereafter, then the registered company shall not be
required to perform a reinspection.
A reinspection shall be an inspection of those items previously
listed on an original report to determine if the recommendations have
been completed. Each reinspection shall be reported on an original
inspection report form and shall be labeled "Reinspection." Each
reinspection shall also identify the original report by date.
After four months from an original inspection, all inspections
shall be original inspections and not reinspections.
Any reinspection shall be performed for not more than the price of
the registered company's original inspection price and shall be
completed within 10 business days after a reinspection has been
ordered.
(13) The inspection report shall contain the following statement,
printed in boldface type:
"NOTICE: Reports on this structure prepared by various registered
companies should list the same findings (i.e. termite infestations,
termite damage, fungus damage, etc.). However, recommendations to
correct these findings may vary from company to company. You have a
right to seek a second opinion from another company."
(c) At the time a report is ordered, the registered company or
licensee shall inform the person or entity ordering the report, that
a separate report is available pursuant to this subdivision. If a
separate report is requested at the time the inspection report is
ordered, the registered company or licensee shall separately identify
on the report each recommendation for corrective measures as
follows:
(1) The infestation or infection that is evident.
(2) The conditions that are present that are deemed likely to lead
to infestation or infection.
If a registered company or licensee fails to inform as required by
this subdivision and a dispute arises, or if any other dispute
arises as to whether this subdivision has been complied with, a
separate report shall be provided within 24 hours of the request but,
in no event, later than the next business day, and at no additional
cost.
(d) When a corrective condition is identified, either as paragraph
(1) or (2) of subdivision (c), and the property owner or the
property owner's designated agent chooses not to correct those
conditions, the registered company or licensee shall not be liable
for damages resulting from a failure to correct those conditions or
subject to any disciplinary action by the board. Nothing in this
subdivision, however, shall relieve a registered company or a
licensee of any liability resulting from negligence, fraud, dishonest
dealing, other violations pursuant to this chapter, or contractual
obligations between the registered company or licensee and the
responsible parties.
(e) The inspection report form prescribed by the board shall
separately identify the infestation or infection that is evident and
the conditions that are present that are deemed likely to lead to
infestation or infection. If a separate form is requested, the form
shall explain the infestation or infection that is evident and the
conditions that are present that are deemed likely to lead to
infestation or infection and the difference between those conditions.
In no event, however, shall conditions deemed likely to lead to
infestation or infection be characterized as actual "defects" or as
actual "active" infestations or infections or in need of correction
as a precondition to issuing a certification pursuant to Section
8519.
(f) The report and any contract entered into shall also state
specifically when any guarantee for the work is made, and if so, the
specific terms of the guarantee and the period of time for which the
guarantee shall be in effect. If a guarantee extends beyond three
years, the registered company shall maintain all original inspection
reports, field notes, activity forms, and notices of completion for
the duration of the guarantee period and for one year after the
guarantee expires.
(g) For purposes of this section, "control service agreement"
means an agreement, including extended warranties, to have a licensee
conduct over a period of time regular inspections and other
activities related to the control or eradication of wood destroying
pests and organisms. Under a control service agreement a registered
company shall refer to the original report and contract in a manner
as to identify them clearly, and the report shall be assumed to be a
true report of conditions as originally issued, except it may be
modified after a control service inspection. A registered company is
not required to issue a report as outlined in paragraphs (1) to (11),
inclusive, of subdivision (b) after each control service inspection.
If after control service inspection, no modification of the original
report is made in writing, then it will be assumed that conditions
are as originally reported. A control service contract shall state
specifically the particular wood destroying pests or organisms and
the portions of the buildings or structures covered by the contract.
(h) A registered company or licensee may enter into and maintain a
control service agreement provided the following requirements are
met:
(1) The control service agreement shall be in writing, signed by
both parties, and shall specifically include the following:
(A) The wood destroying pests and organisms covered by the control
service agreement.
(B) Any wood destroying pest or organism that is not covered must
be specifically listed.
(C) The type and manner of treatment to be used to correct the
infestations or infections.
(D) The structures or buildings, or portions thereof, covered by
the agreement, including a statement specifying whether the coverage
for purposes of periodic inspections is limited or full. Any
exclusions from those described in the original report must be
specifically listed.
(E) A reference to the original inspection report.
(F) The frequency of the inspections to be provided, the fee to be
charged for each renewal, and the duration of the agreement.
(G) Whether the fee includes structural repairs.
(H) If the services provided are guaranteed, and, if so, the terms
of the guarantee.
(I) A statement that all corrections of infestations or infections
covered by the control service agreement shall be completed within
six months of discovery, unless otherwise agreed to in writing by
both parties.
(2) The original inspection report, the control service agreement,
and completion report shall be maintained for three years after the
cancellation of the control service agreement.
(3) Inspections made pursuant to a control service agreement shall
be conducted by a Branch 3 licensee. Section 8506.1 does not modify
this provision.
(4) A full inspection of the property covered by the control
service agreement shall be conducted and a report filed pursuant to
subdivision (b) at least once every three years from the date that
the agreement was entered into, unless the consumer cancels the
contract within three years from the date the agreement was entered
into.
(5) Under a control service agreement, a written report shall be
required for the correction of any infestation or infection unless
all of the following conditions are met:
(A) The infestation or infection has been previously reported.
(B) The infestation or infection is covered by the control service
agreement.
(C) There is no additional charge for correcting the infestation
or infection.
(D) Correction of the infestation or infection takes place within
45 days of its discovery.
(E) Correction of the infestation or infection does not include
fumigation.
(6) All notice requirements pursuant to Section 8538 shall apply
to all pesticide treatments conducted under control service
agreements.
(i) All work recommended by a registered company, where an
estimate or bid for making repairs was given with the original
inspection report, or thereafter, shall be recorded on this report or
a separate work agreement and shall specify a price for each
recommendation. This information shall be provided to the person
requesting the inspection, and shall be retained by the registered
company with the inspection report copy for three years.
SEC. 32. SEC. 38. Section 8518 of
the Business and Professions Code is amended to read:
8518. (a) When a registered company completes work under a
contract, it shall prepare, on a form prescribed by the board, a
notice of work completed and not completed, and shall furnish that
notice to the owner of the property or the owner's agent within 10
business days after completing the work. The notice shall include a
statement of the cost of the completed work and estimated cost of
work not completed.
(b) The address of each property inspected or upon which work was
completed shall be reported on a form prescribed by the board and
shall be filed with the board no later than 10 business days after
completed work.
(c) A filing fee shall be assessed pursuant to Section 8674 for
every property upon which work is completed.
(d) Failure of a registered company to report and file with the
board the address of any property upon which work was completed
pursuant to subdivision (b) of Section 8516 or this section is
grounds for disciplinary action and shall subject the registered
company to a fine of not more than two thousand five hundred dollars
($2,500).
(e) The registered company shall retain for three years all
original notices of work completed, work not completed, and activity
forms.
(f) Notices of work completed and not completed shall be made
available for inspection and reproduction to the executive officer of
the board or his or her duly authorized representative during
business hours. Original notices of work completed or not completed
or copies thereof shall be submitted to the board upon request within
two business days.
(g) This section shall only apply to work relating to wood
destroying pests or organisms.
SEC. 33. Section 1348.8 of the Health and
Safety Code is repealed.
SEC. 34. Section 10279 of the Insurance Code is
repealed.
SEC. 39. Section 1348.8 of the Health
and Safety Code is amended to read:
1348.8. (a) A health care service plan that provides, operates,
or contracts for telephone medical advice services to its enrollees
and subscribers shall do all of the following:
(1) Ensure that the in-state or out-of-state telephone medical
advice service is registered pursuant to
complies with the requirements of Chapter 15 (commencing with
Section 4999) of Division 2 of the Business and Professions Code.
(2) Ensure that the staff providing telephone medical advice
services for the in-state or out-of-state telephone medical advice
service are licensed as follows:
(A) For full service health care service plans, the staff hold a
valid California license as a registered nurse or a valid license in
the state within which they provide telephone medical advice services
as a physician and surgeon or physician assistant, and are operating
in compliance with the laws governing their respective scopes of
practice.
(B) (i) For specialized health care service plans providing,
operating, or contracting with a telephone medical advice service in
California, the staff shall be appropriately licensed, registered, or
certified as a dentist pursuant to Chapter 4 (commencing with
Section 1600) of Division 2 of the Business and Professions Code, as
a dental hygienist pursuant to Article 7 (commencing with Section
1740) of Chapter 4 of Division 2 of the Business and Professions
Code, as a physician and surgeon pursuant to Chapter 5 (commencing
with Section 2000) of Division 2 of the Business and Professions Code
or the Osteopathic Initiative Act, as a registered nurse pursuant to
Chapter 6 (commencing with Section 2700) of Division 2 of the
Business and Professions Code, as a psychologist pursuant to Chapter
6.6 (commencing with Section 2900) of Division 2 of the Business and
Professions Code, as an optometrist pursuant to Chapter 7 (commencing
with Section 3000) of Division 2 of the Business and Professions
Code, as a marriage and family therapist pursuant to Chapter 13
(commencing with Section 4980) of Division 2 of the Business and
Professions Code, as a licensed clinical social worker pursuant to
Chapter 14 (commencing with Section 4991) of Division 2 of the
Business and Professions Code, as a professional clinical counselor
pursuant to Chapter 16 (commencing with Section 4999.10) of Division
2 of the Business and Professions Code, or as a chiropractor pursuant
to the Chiropractic Initiative Act, and operating in compliance with
the laws governing their respective scopes of practice.
(ii) For specialized health care service plans providing,
operating, or contracting with an out-of-state telephone medical
advice service, the staff shall be health care professionals, as
identified in clause (i), who are licensed, registered, or certified
in the state within which they are providing the telephone medical
advice services and are operating in compliance with the laws
governing their respective scopes of practice. All registered nurses
providing telephone medical advice services to both in-state and
out-of-state business entities registered pursuant to this chapter
shall be licensed pursuant to Chapter 6 (commencing with Section
2700) of Division 2 of the Business and Professions Code.
(3) Ensure that every full service health care service plan
provides for a physician and surgeon who is available on an on-call
basis at all times the service is advertised to be available to
enrollees and subscribers.
(4) Ensure that staff members handling enrollee or subscriber
calls, who are not licensed, certified, or registered as required by
paragraph (2), do not provide telephone medical advice. Those staff
members may ask questions on behalf of a staff member who is
licensed, certified, or registered as required by paragraph (2), in
order to help ascertain the condition of an enrollee or subscriber so
that the enrollee or subscriber can be referred to licensed staff.
However, under no circumstances shall those staff members use the
answers to those questions in an attempt to assess, evaluate, advise,
or make any decision regarding the condition of an enrollee or
subscriber or determine when an enrollee or subscriber needs to be
seen by a licensed medical professional.
(5) Ensure that no staff member uses a title or designation when
speaking to an enrollee or subscriber that may cause a reasonable
person to believe that the staff member is a licensed, certified, or
registered professional described in Section 4999.2 of the Business
and Professions Code unless the staff member is a licensed,
certified, or registered professional.
(6) Ensure that the in-state or out-of-state telephone medical
advice service designates an agent for service of process in
California and files this designation with the director.
(7) Requires that the in-state or out-of-state telephone medical
advice service makes and maintains records for a period of five years
after the telephone medical advice services are provided, including,
but not limited to, oral or written transcripts of all medical
advice conversations with the health care service plan's enrollees or
subscribers in California and copies of all complaints. If the
records of telephone medical advice services are kept out of state,
the health care service plan shall, upon the request of the director,
provide the records to the director within 10 days of the request.
(8) Ensure that the telephone medical advice services are provided
consistent with good professional practice.
(b) The director shall forward to the Department of Consumer
Affairs, within 30 days of the end of each calendar quarter, data
regarding complaints filed with the department concerning telephone
medical advice services.
(c) For purposes of this section, "telephone medical advice" means
a telephonic communication between a patient and a health care
professional in which the health care professional's primary function
is to provide to the patient a telephonic response to the patient's
questions regarding his or her or a family member's medical care or
treatment. "Telephone medical advice" includes assessment,
evaluation, or advice provided to patients or their family members.
SEC. 40. Section 10279 of the Insurance
Code is amended to read:
10279. (a) Every disability insurer that provides group or
individual policies of disability, or both, that provides, operates,
or contracts for, telephone medical advice services to its insureds
shall do all of the following:
(1) Ensure that the in-state or out-of-state telephone medical
advice service is registered pursuant to
complies with the requirements of Chapter 15 (commencing with
Section 4999) of Division 2 of the Business and Professions Code.
(2) Ensure that the staff providing telephone medical advice
services for the in-state or out-of-state telephone medical advice
service hold a valid California license as a registered nurse or a
valid license in the state within which
they provide telephone medical advice services as a
physician and surgeon or physician assistant and are operating
consistent with the laws governing their respective scopes of
practice.
(3) Ensure that a physician and surgeon is available on an on-call
basis at all times the service is advertised to be available to
enrollees and subscribers.
(4) Ensure that the in-state or out-of-state telephone medical
advice service designates an agent for service of process in
California and files this designation with the commissioner.
(5) Require that the in-state or out-of-state telephone medical
advice service makes and maintains records for a period of five years
after the telephone medical advice services are provided, including,
but not limited to, oral or written transcripts of all medical
advice conversations with the disability insurer's insureds in
California and copies of all complaints. If the records of telephone
medical advice services are kept out of state, the insurer shall,
upon the request of the director, provide the records to the director
within 10 days of the request.
(6) Ensure that the telephone medical advice services are provided
consistent with good professional practice.
(b) The commissioner shall forward to the Department of Consumer
Affairs, within 30 days of the end of each calendar quarter, data
regarding complaints filed with the department concerning telephone
medical advice services.
SEC. 35. SEC. 41. 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.
