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 ASSEMBLY JUNE 30, 2016
AMENDED IN ASSEMBLY JUNE 22, 2016
AMENDED IN SENATE MAY 31, 2016
AMENDED IN SENATE APRIL 21, 2016
AMENDED IN SENATE APRIL 12, 2016
AMENDED IN SENATE APRIL 7, 2016
INTRODUCED BY Senator Hill
FEBRUARY 12, 2016
An act to amend Sections 115.6, 144, 146, 651, 656, 683,
800, 805, 805.1, 805.5, 805.6, 810, 1944, 2052.5,
2423, 2472, 2499.5, 2733, 2746.51, 2786.5, 2811,
2811.5, 2815, 2815.5, 2816, 2830.7, 2836.3, 2838.2, 4128.2,
4170, 4175, 4830, 4999, 4999.2, 8516, and 8518 of, to
amend, repeal, and add Sections 4400, 7137, and 7153.3 of,
to add Chapter 3.5 (commencing with Section 1460) to Division 2 of,
to repeal Sections 4999.1, 4999.3, 4999.4, and 4999.6 of,
to repeal Article 22 (commencing with Section 2460) of
Chapter 5 of Division 2 of, and to repeal and add Sections
2546.9, 2565, 2566, 2566.1, and 4999.5 of, the Business and
Professions Code, to amend Section 13401 of the
Corporations Code, to amend Section 1348.8 of the Health
and Safety Code, and to amend Section 10279 of the Insurance Code,
relating to professions and vocations, and making an appropriation
therefor.
LEGISLATIVE COUNSEL'S DIGEST
SB 1039, as amended, Hill. Professions and vocations.
(1) Existing law requires the Office of Statewide Health Planning
and Development to establish the Health Professions Education
Foundation to, among other things, solicit and receive funds for the
purpose of providing scholarships, as specified.
The bill would state the intent of the Legislature to enact future
legislation that would establish a Dental Corps Scholarship Program,
as specified, to increase the supply of dentists serving in
medically underserved areas.
(2) Existing law, the Dental Practice Act, requires the Dental
Hygiene Committee of California to establish by resolution the amount
of the fees that relate to the licensing of a registered dental
hygienist, a registered dental hygienist in alternative practice, and
a registered dental hygienist in extended functions. Existing law
prohibits the biennial renewal fee from exceeding $160. Existing law
requires these fees to be deposited in the State Dental Hygiene Fund
and makes these moneys subject to appropriation by the Legislature.
This bill would instead prohibit the biennial renewal fee from
exceeding $500.
(3) The Medical Practice Act creates, within the jurisdiction of
the Medical Board of California, the California Board of Podiatric
Medicine.
This bill would remove the California Board of Podiatric Medicine
from the jurisdiction of the Medical Board of California and would
instead establish it within the Department of Consumer Affairs. The
bill would revise and recast the podiatry provisions in this regard.
Existing Medicine. Under the act, only a
doctor of podiatric medicine who is ankle certified by the California
Board of Podiatric Medicine on and after January 1, 1984, may
perform certain surgical procedures. Existing law establishes
various fees applicable to certificates to practice podiatric
medicine, including, but not limited to, an application fee, a
duplicate wall certificate fee, a duplicate renewal receipt,
receipt fee, a letter of good standing fee or a
letter for a loan deferment fee, a fee for the issuance of a
resident's license, a filing fee to appeal the failure of an oral
examination, and a fee for continuing education approval. Existing
law also establishes a fee for ankle certification for persons
licensed prior to January 1, 1984. Existing law requires these fees
to be deposited in the Board of Podiatric Medicine Fund and makes
these fees subject to appropriation by the Legislature.
This bill would authorize a doctor of podiatric medicine to
perform those surgical procedures regardless of whether he or she has
been ankle certified, would delete that ankle certification
fee fee, and would increase the amounts
of those other fees.
(4) Existing law makes the State Board of Optometry responsible
for the regulation of nonresident contact lens sellers, registered
dispensing opticians, spectacle lens dispensers, and contact lens
dispensers. Existing law establishes regulatory fees in this regard,
including, but not limited to, an initial registration fee, a renewal
fee, and a delinquency fee. Existing law requires these fees to be
deposited in the Dispensing Opticians Fund and makes these fees
available, subject to appropriation, to the State Board of Optometry.
This bill would establish a specified minimum and maximum
application fee amount for nonresident contact lens sellers,
registered dispensing opticians, and spectacle lens dispensers. The
bill would also establish increased minimum and maximum amounts for
those already established fees. The bill would authorize the State
Board of Optometry to periodically revise and fix these fees, as
specified.
(5) 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.
(6) 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.
(7) The Veterinary Medicine Practice Act provides for the
licensure and regulation of veterinarians by the Veterinary Medical
Board, which is within the Department of Consumer Affairs. Under the
act, it is unlawful and a misdemeanor for any person to practice
veterinary medicine in this state unless he or she holds a valid,
unexpired, and unrevoked license issued by the board, except under
specified circumstances, including when regularly licensed
veterinarians in actual consultation from other states or when
regularly licensed veterinarians are actually called from other
states to attend cases in this state and do not open an office or
appoint a place to do business within the state.
This bill would replace those exceptions with an exception for
veterinarians holding a current, valid license in good standing in
another state or country who provide assistance to a California
licensed veterinarian and attend on a specific case, subject to
specified conditions.
(8) Existing law requires businesses that employ, or contract or
subcontract with, the full-time equivalent of 5 or more persons
functioning as health care professionals, as defined, whose primary
function is to provide telephone medical advice, that provide
telephone medical advice services to a patient at a California
address to be registered with the Telephone Medical Advice Services
Bureau and further requires telephone medical advice services to
comply with the requirements established by the Department of
Consumer Affairs, as specified.
This bill would discontinue the requirement that those businesses
be registered with the bureau, would instead make the respective
healing arts licensing boards responsible for enforcing those
requirements and any other laws and regulations affecting those
health care professionals licensed in California, and would make
conforming and related changes.
(9) The Contractors' State License Law provides for the licensure
and regulation of contractors by the Contractors' State License Board
within the Department of Consumer Affairs. That law also prescribes
various fees to be paid by licensees and applicants for licensure,
requires the board to set the fees by regulation, and requires fees
and civil penalties received under that law to be deposited in the
Contractors' License Fund, which is a continuously appropriated fund
as it pertains to fees collected by the board.
This bill, on and after July 1, 2017, would raise specified fees,
would instead authorize the board to set the fees by regulation, and
would require the board to establish criteria for the approval of
expedited processing of applications, as specified. By increasing
fees deposited into a continuously appropriated fund, this bill would
make an appropriation.
(10) 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.
(11) 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 115.6 of the Business and
Professions Code is amended to read:
115.6. (a) A board within the department shall, after appropriate
investigation, issue the following eligible temporary licenses to an
applicant if he or she meets the requirements set forth in
subdivision (c):
(1) Registered nurse license by the Board of Registered Nursing.
(2) Vocational nurse license issued by the Board of Vocational
Nursing and Psychiatric Technicians of the State of California.
(3) Psychiatric technician license issued by the Board of
Vocational Nursing and Psychiatric Technicians of the State of
California.
(4) Speech-language pathologist license issued by the
Speech-Language Pathology and Audiology and Hearing Aid Dispensers
Board.
(5) Audiologist license issued by the Speech-Language Pathology
and Audiology and Hearing Aid Dispensers Board.
(6) Veterinarian license issued by the Veterinary Medical Board.
(7) All licenses issued by the Board for Professional Engineers,
Land Surveyors, and Geologists.
(8) All licenses issued by the Medical Board of California.
(9) All licenses issued by the California Board of Podiatric
Medicine.
(b) The board may conduct an investigation of an applicant for
purposes of denying or revoking a temporary license issued pursuant
to this section. This investigation may include a criminal background
check.
(c) An applicant seeking a temporary license pursuant to this
section shall meet the following requirements:
(1) The applicant shall supply evidence satisfactory to the board
that the applicant is married to, or in a domestic partnership or
other legal union with, an active duty member of the Armed Forces of
the United States who is assigned to a duty station in this state
under official active duty military orders.
(2) The applicant shall hold a current, active, and unrestricted
license that confers upon him or her the authority to practice, in
another state, district, or territory of the United States, the
profession or vocation for which he or she seeks a temporary license
from the board.
(3) The applicant shall submit an application to the board that
shall include a signed affidavit attesting to the fact that he or she
meets all of the requirements for the temporary license and that the
information submitted in the application is accurate, to the best of
his or her knowledge. The application shall also include written
verification from the applicant's original licensing jurisdiction
stating that the applicant's license is in good standing in that
jurisdiction.
(4) The applicant shall not have committed an act in any
jurisdiction that would have constituted grounds for denial,
suspension, or revocation of the license under this code at the time
the act was committed. A violation of this paragraph may be grounds
for the denial or revocation of a temporary license issued by the
board.
(5) The applicant shall not have been disciplined by a licensing
entity in another jurisdiction and shall not be the subject of an
unresolved complaint, review procedure, or disciplinary proceeding
conducted by a licensing entity in another jurisdiction.
(6) The applicant shall, upon request by a board, furnish a full
set of fingerprints for purposes of conducting a criminal background
check.
(d) A board may adopt regulations necessary to administer this
section.
(e) A temporary license issued pursuant to this section may be
immediately terminated upon a finding that the temporary
licenseholder failed to meet any of the requirements described in
subdivision (c) or provided substantively inaccurate information that
would affect his or her eligibility for temporary licensure. Upon
termination of the temporary license, the board shall issue a notice
of termination that shall require the temporary licenseholder to
immediately cease the practice of the licensed profession upon
receipt.
(f) An applicant seeking a temporary license as a civil engineer,
geotechnical engineer, structural engineer, land surveyor,
professional geologist, professional geophysicist, certified
engineering geologist, or certified hydrogeologist pursuant to this
section shall successfully pass the appropriate California-specific
examination or examinations required for licensure in those
respective professions by the Board for Professional Engineers, Land
Surveyors, and Geologists.
(g) A temporary license issued pursuant to this section shall
expire 12 months after issuance, upon issuance of an expedited
license pursuant to Section 115.5, or upon denial of the application
for expedited licensure by the board, whichever occurs first.
SEC. 3. Section 144 of the Business and
Professions Code is amended to read:
144. (a) Notwithstanding any other provision of law, an agency
designated in subdivision (b) shall require an applicant to furnish
to the agency a full set of fingerprints for purposes of conducting
criminal history record checks. Any agency designated in subdivision
(b) may obtain and receive, at its discretion, criminal history
information from the Department of Justice and the United States
Federal Bureau of Investigation.
(b) Subdivision (a) applies to the following:
(1) California Board of Accountancy.
(2) State Athletic Commission.
(3) Board of Behavioral Sciences.
(4) Court Reporters Board of California.
(5) State Board of Guide Dogs for the Blind.
(6) California State Board of Pharmacy.
(7) Board of Registered Nursing.
(8) Veterinary Medical Board.
(9) Board of Vocational Nursing and Psychiatric Technicians.
(10) Respiratory Care Board of California.
(11) Physical Therapy Board of California.
(12) Physician Assistant Committee of the Medical Board of
California.
(13) Speech-Language Pathology and Audiology and Hearing Aid
Dispenser Board.
(14) Medical Board of California.
(15) State Board of Optometry.
(16) Acupuncture Board.
(17) Cemetery and Funeral Bureau.
(18) Bureau of Security and Investigative Services.
(19) Division of Investigation.
(20) Board of Psychology.
(21) California Board of Occupational Therapy.
(22) Structural Pest Control Board.
(23) Contractors' State License Board.
(24) Naturopathic Medicine Committee.
(25) Professional Fiduciaries Bureau.
(26) Board for Professional Engineers, Land Surveyors, and
Geologists.
(27) Bureau of Medical Marijuana Regulation.
(28) California Board of Podiatric Medicine.
(c) For purposes of paragraph (26) of subdivision (b), the term
"applicant" shall be limited to an initial applicant who has never
been registered or licensed by the board or to an applicant for a new
licensure or registration category.
SEC. 4. Section 146 of the Business and
Professions Code is amended to read:
146. (a) Notwithstanding any other provision of law, a violation
of any code section listed in subdivision (c) is an infraction
subject to the procedures described in Sections 19.6 and 19.7 of the
Penal Code when either of the following applies:
(1) A complaint or a written notice to appear in court pursuant to
Chapter 5c (commencing with Section 853.5) of Title 3 of Part 2 of
the Penal Code is filed in court charging the offense as an
infraction unless the defendant, at the time he or she is arraigned,
after being advised of his or her rights, elects to have the case
proceed as a misdemeanor.
(2) The court, with the consent of the defendant and the
prosecution, determines that the offense is an infraction in which
event the case shall proceed as if the defendant has been arraigned
on an infraction complaint.
(b) Subdivision (a) does not apply to a violation of the code
sections listed in subdivision (c) if the defendant has had his or
her license, registration, or certificate previously revoked or
suspended.
(c) The following sections require registration, licensure,
certification, or other authorization in order to engage in certain
businesses or professions regulated by this code:
(1) Section 1474.
(2) Sections 2052 and 2054.
(3) Section 2630.
(4) Section 2903.
(5) Section 3575.
(6) Section 3660.
(7) Sections 3760 and 3761.
(8) Section 4080.
(9) Section 4825.
(10) Section 4935.
(11) Section 4980.
(12) Section 4989.50.
(13) Section 4996.
(14) Section 4999.30.
(15) Section 5536.
(16) Section 6704.
(17) Section 6980.10.
(18) Section 7317.
(19) Section 7502 or 7592.
(20) Section 7520.
(21) Section 7617 or 7641.
(22) Subdivision (a) of Section 7872.
(23) Section 8016.
(24) Section 8505.
(25) Section 8725.
(26) Section 9681.
(27) Section 9840.
(28) Subdivision (c) of Section 9891.24.
(29) Section 19049.
(d) Notwithstanding any other law, a violation of any of the
sections listed in subdivision (c), which is an infraction, is
punishable by a fine of not less than two hundred fifty dollars
($250) and not more than one thousand dollars ($1,000). No portion of
the minimum fine may be suspended by the court unless as a condition
of that suspension the defendant is required to submit proof of a
current valid license, registration, or certificate for the
profession or vocation that was the basis for his or her conviction.
SEC. 5. Section 651 of the Business and
Professions Code is amended to read:
651. (a) It is unlawful for any person licensed under this
division or under any initiative act referred to in this division to
disseminate or cause to be disseminated any form of public
communication containing a false, fraudulent, misleading, or
deceptive statement, claim, or image for the purpose of or likely to
induce, directly or indirectly, the rendering of professional
services or furnishing of products in connection with the
professional practice or business for which he or she is licensed. A
"public communication" as used in this section includes, but is not
limited to, communication by means of mail, television, radio, motion
picture, newspaper, book, list or directory of healing arts
practitioners, Internet, or other electronic communication.
(b) A false, fraudulent, misleading, or deceptive statement,
claim, or image includes a statement or claim that does any of the
following:
(1) Contains a misrepresentation of fact.
(2) Is likely to mislead or deceive because of a failure to
disclose material facts.
(3) (A) Is intended or is likely to create false or unjustified
expectations of favorable results, including the use of any
photograph or other image that does not accurately depict the results
of the procedure being advertised or that has been altered in any
manner from the image of the actual subject depicted in the
photograph or image.
(B) Use of any photograph or other image of a model without
clearly stating in a prominent location in easily readable type the
fact that the photograph or image is of a model is a violation of
subdivision (a). For purposes of this paragraph, a model is anyone
other than an actual patient, who has undergone the procedure being
advertised, of the licensee who is advertising for his or her
services.
(C) Use of any photograph or other image of an actual patient that
depicts or purports to depict the results of any procedure, or
presents "before" and "after" views of a patient, without specifying
in a prominent location in easily readable type size what procedures
were performed on that patient is a violation of subdivision (a). Any
"before" and "after" views (i) shall be comparable in presentation
so that the results are not distorted by favorable poses, lighting,
or other features of presentation, and (ii) shall contain a statement
that the same "before" and "after" results may not occur for all
patients.
(4) Relates to fees, other than a standard consultation fee or a
range of fees for specific types of services, without fully and
specifically disclosing all variables and other material factors.
(5) Contains other representations or implications that in
reasonable probability will cause an ordinarily prudent person to
misunderstand or be deceived.
(6) Makes a claim either of professional superiority or of
performing services in a superior manner, unless that claim is
relevant to the service being performed and can be substantiated with
objective scientific evidence.
(7) Makes a scientific claim that cannot be substantiated by
reliable, peer reviewed, published scientific studies.
(8) Includes any statement, endorsement, or testimonial that is
likely to mislead or deceive because of a failure to disclose
material facts.
(c) Any price advertisement shall be exact, without the use of
phrases, including, but not limited to, "as low as," "and up,"
"lowest prices," or words or phrases of similar import. Any
advertisement that refers to services, or costs for services, and
that uses words of comparison shall be based on verifiable data
substantiating the comparison. Any person so advertising shall be
prepared to provide information sufficient to establish the accuracy
of that comparison. Price advertising shall not be fraudulent,
deceitful, or misleading, including statements or advertisements of
bait, discount, premiums, gifts, or any statements of a similar
nature. In connection with price advertising, the price for each
product or service shall be clearly identifiable. The price
advertised for products shall include charges for any related
professional services, including dispensing and fitting services,
unless the advertisement specifically and clearly indicates
otherwise.
(d) Any person so licensed shall not compensate or give anything
of value to a representative of the press, radio, television, or
other communication medium in anticipation of, or in return for,
professional publicity unless the fact of compensation is made known
in that publicity.
(e) Any person so licensed may not use any professional card,
professional announcement card, office sign, letterhead, telephone
directory listing, medical list, medical directory listing, or a
similar professional notice or device if it includes a statement or
claim that is false, fraudulent, misleading, or deceptive within the
meaning of subdivision (b).
(f) Any person so licensed who violates this section is guilty of
a misdemeanor. A bona fide mistake of fact shall be a defense to this
subdivision, but only to this subdivision.
(g) Any violation of this section by a person so licensed shall
constitute good cause for revocation or suspension of his or her
license or other disciplinary action.
(h) Advertising by any person so licensed may include the
following:
(1) A statement of the name of the practitioner.
(2) A statement of addresses and telephone numbers of the offices
maintained by the practitioner.
(3) A statement of office hours regularly maintained by the
practitioner.
(4) A statement of languages, other than English, fluently spoken
by the practitioner or a person in the practitioner's office.
(5) (A) A statement that the practitioner is certified by a
private or public board or agency or a statement that the
practitioner limits his or her practice to specific fields.
(B) A statement of certification by a practitioner licensed under
Chapter 7 (commencing with Section 3000) shall only include a
statement that he or she is certified or eligible for certification
by a private or public board or parent association recognized by that
practitioner's licensing board.
(C) A physician and surgeon licensed under Chapter 5 (commencing
with Section 2000) by the Medical Board of California may include a
statement that he or she limits his or her practice to specific
fields, but shall not include a statement that he or she is certified
or eligible for certification by a private or public board or parent
association, including, but not limited to, a multidisciplinary
board or association, unless that board or association is (i) an
American Board of Medical Specialties member board, (ii) a board or
association with equivalent requirements approved by that physician
and surgeon's licensing board, or (iii) a board or association with
an Accreditation Council for Graduate Medical Education approved
postgraduate training program that provides complete training in that
specialty or subspecialty. A physician and surgeon licensed under
Chapter 5 (commencing with Section 2000) by the Medical Board of
California who is certified by an organization other than a board or
association referred to in clause (i), (ii), or (iii) shall not use
the term "board certified" in reference to that certification, unless
the physician and surgeon is also licensed under Chapter 4
(commencing with Section 1600) and the use of the term "board
certified" in reference to that certification is in accordance with
subparagraph (A). A physician and surgeon licensed under Chapter 5
(commencing with Section 2000) by the Medical Board of California who
is certified by a board or association referred to in clause (i),
(ii), or (iii) shall not use the term "board certified" unless the
full name of the certifying board is also used and given comparable
prominence with the term "board certified" in the statement.
For purposes of this subparagraph, a "multidisciplinary board or
association" means an educational certifying body that has a
psychometrically valid testing process, as determined by the Medical
Board of California, for certifying medical doctors and other health
care professionals that is based on the applicant's education,
training, and experience.
For purposes of the term "board certified," as used in this
subparagraph, the terms "board" and "association" mean an
organization that is an American Board of Medical Specialties member
board, an organization with equivalent requirements approved by a
physician and surgeon's licensing board, or an organization with an
Accreditation Council for Graduate Medical Education approved
postgraduate training program that provides complete training in a
specialty or subspecialty.
The Medical Board of California shall adopt regulations to
establish and collect a reasonable fee from each board or association
applying for recognition pursuant to this subparagraph. The fee
shall not exceed the cost of administering this subparagraph.
Notwithstanding Section 2 of Chapter 1660 of the Statutes of 1990,
this subparagraph shall become operative July 1, 1993. However, an
administrative agency or accrediting organization may take any action
contemplated by this subparagraph relating to the establishment or
approval of specialist requirements on and after January 1, 1991.
(D) A doctor of podiatric medicine licensed under Chapter 3.5
(commencing with Section 1460) by the California Board of Podiatric
Medicine may include a statement that he or she is certified or
eligible or qualified for certification by a private or public board
or parent association, including, but not limited to, a
multidisciplinary board or association, if that board or association
meets one of the following requirements: (i) is approved by the
Council on Podiatric Medical Education, (ii) is a board or
association with equivalent requirements approved by the California
Board of Podiatric Medicine, or (iii) is a board or association with
the Council on Podiatric Medical Education approved postgraduate
training programs that provide training in podiatric medicine and
podiatric surgery. A doctor of podiatric medicine licensed under
Chapter 3.5 (commencing with Section 1460) by the California Board of
Podiatric Medicine who is certified by a board or association
referred to in clause (i), (ii), or (iii) shall not use the term
"board certified" unless the full name of the certifying board is
also used and given comparable prominence with the term "board
certified" in the statement. A doctor of podiatric medicine licensed
under Chapter 3.5 (commencing with Section 1460) by the California
Board of Podiatric Medicine who is certified by an organization other
than a board or association referred to in clause (i), (ii), or
(iii) shall not use the term "board certified" in reference to that
certification.
For purposes of this subparagraph, a "multidisciplinary board or
association" means an educational certifying body that has a
psychometrically valid testing process, as determined by the
California Board of Podiatric Medicine, for certifying doctors of
podiatric medicine that is based on the applicant's education,
training, and experience. For purposes of the term "board certified,"
as used in this subparagraph, the terms "board" and "association"
mean an organization that is a Council on Podiatric Medical Education
approved board, an organization with equivalent requirements
approved by the California Board of Podiatric Medicine, or an
organization with a Council on Podiatric Medical Education approved
postgraduate training program that provides training in podiatric
medicine and podiatric surgery.
The California Board of Podiatric Medicine shall adopt regulations
to establish and collect a reasonable fee from each board or
association applying for recognition pursuant to this subparagraph,
to be deposited in the State Treasury in the Podiatry Fund, pursuant
to Section 1499. The fee shall not exceed the cost of administering
this subparagraph.
(6) A statement that the practitioner provides services under a
specified private or public insurance plan or health care plan.
(7) A statement of names of schools and postgraduate clinical
training programs from which the practitioner has graduated, together
with the degrees received.
(8) A statement of publications authored by the practitioner.
(9) A statement of teaching positions currently or formerly held
by the practitioner, together with pertinent dates.
(10) A statement of his or her affiliations with hospitals or
clinics.
(11) A statement of the charges or fees for services or
commodities offered by the practitioner.
(12) A statement that the practitioner regularly accepts
installment payments of fees.
(13) Otherwise lawful images of a practitioner, his or her
physical facilities, or of a commodity to be advertised.
(14) A statement of the manufacturer, designer, style, make, trade
name, brand name, color, size, or type of commodities advertised.
(15) An advertisement of a registered dispensing optician may
include statements in addition to those specified in paragraphs (1)
to (14), inclusive, provided that any statement shall not violate
subdivision (a), (b), (c), or (e) or any other section of this code.
(16) A statement, or statements, providing public health
information encouraging preventative or corrective care.
(17) Any other item of factual information that is not false,
fraudulent, misleading, or likely to deceive.
(i) Each of the healing arts boards and examining committees
within Division 2 shall adopt appropriate regulations to enforce this
section in accordance with Chapter 3.5 (commencing with Section
11340) of Part 1 of Division 3 of
Title 2 of the Government Code.
Each of the healing arts boards and committees and examining
committees within Division 2 shall, by regulation, define those
efficacious services to be advertised by businesses or professions
under their jurisdiction for the purpose of determining whether
advertisements are false or misleading. Until a definition for that
service has been issued, no advertisement for that service shall be
disseminated. However, if a definition of a service has not been
issued by a board or committee within 120 days of receipt of a
request from a licensee, all those holding the license may advertise
the service. Those boards and committees shall adopt or modify
regulations defining what services may be advertised, the manner in
which defined services may be advertised, and restricting advertising
that would promote the inappropriate or excessive use of health
services or commodities. A board or committee shall not, by
regulation, unreasonably prevent truthful, nondeceptive price or
otherwise lawful forms of advertising of services or commodities, by
either outright prohibition or imposition of onerous disclosure
requirements. However, any member of a board or committee acting in
good faith in the adoption or enforcement of any regulation shall be
deemed to be acting as an agent of the state.
(j) The Attorney General shall commence legal proceedings in the
appropriate forum to enjoin advertisements disseminated or about to
be disseminated in violation of this section and seek other
appropriate relief to enforce this section. Notwithstanding any other
provision of law, the costs of enforcing this section to the
respective licensing boards or committees may be awarded against any
licensee found to be in violation of any provision of this section.
This shall not diminish the power of district attorneys, county
counsels, or city attorneys pursuant to existing law to seek
appropriate relief.
(k) A physician and surgeon licensed pursuant to Chapter 5
(commencing with Section 2000) by the Medical Board of California or
a doctor of podiatric medicine licensed pursuant to Chapter 3.5
(commencing with Section 1460) by the California Board of Podiatric
Medicine who knowingly and intentionally violates this section may be
cited and assessed an administrative fine not to exceed ten thousand
dollars ($10,000) per event. Section 125.9 shall govern the issuance
of this citation and fine except that the fine limitations
prescribed in paragraph (3) of subdivision (b) of Section 125.9 shall
not apply to a fine under this subdivision.
SEC. 6. Section 656 of the Business and
Professions Code is amended to read:
656. Whenever any person has engaged, or is about to engage, in
any acts or practices that constitute, or will constitute, a
violation of this article, the superior court in and for the county
wherein the acts or practices take place, or are about to take place,
may issue an injunction, or other appropriate order, restraining the
conduct on application of the State Board of Optometry, the Medical
Board of California, the California Board of Podiatric Medicine, the
Osteopathic Medical Board of California, the Attorney General, or the
district attorney of the county.
The proceedings under this section shall be governed by Chapter 3
(commencing with Section 525) of Title 7 of Part 2 of the Code of
Civil Procedure.
The remedy provided for in this section shall be in addition to,
and not a limitation upon, the authority provided by any other
provision of this code.
SEC. 7. Section 683 of the Business and
Professions Code is amended to read:
683. (a) A board shall report, within 10 working days, to the
State Department of Health Care Services the name and license number
of a person whose license has been revoked, suspended, surrendered,
made inactive by the licensee, or placed in another category that
prohibits the licensee from practicing his or her profession. The
purpose of the reporting requirement is to prevent reimbursement by
the state for Medi-Cal and Denti-Cal services provided after the
cancellation of a provider's professional license.
(b) "Board," as used in this section, means the Dental Board of
California, the Medical Board of California, the Board of Psychology,
the State Board of Optometry, the California State Board of
Pharmacy, the Osteopathic Medical Board of California, the State
Board of Chiropractic Examiners, the Board of Behavioral Sciences,
the California Board of Podiatric Medicine, and the California Board
of Occupational Therapy.
SEC. 8. Section 800 of the Business and
Professions Code is amended to read:
800. (a) The Medical Board of California, the California Board of
Podiatric Medicine, the Board of Psychology, the Dental Board of
California, the Dental Hygiene Committee of California, the
Osteopathic Medical Board of California, the State Board of
Chiropractic Examiners, the Board of Registered Nursing, the Board of
Vocational Nursing and Psychiatric Technicians of the State of
California, the State Board of Optometry, the Veterinary Medical
Board, the Board of Behavioral Sciences, the Physical Therapy Board
of California, the California State Board of Pharmacy, the
Speech-Language Pathology and Audiology and Hearing Aid Dispensers
Board, the California Board of Occupational Therapy, the Acupuncture
Board, and the Physician Assistant Board shall each separately create
and maintain a central file of the names of all persons who hold a
license, certificate, or similar authority from that board. Each
central file shall be created and maintained to provide an individual
historical record for each licensee with respect to the following
information:
(1) Any conviction of a crime in this or any other state that
constitutes unprofessional conduct pursuant to the reporting
requirements of Section 803.
(2) Any judgment or settlement requiring the licensee or his or
her insurer to pay any amount of damages in excess of three thousand
dollars ($3,000) for any claim that injury or death was proximately
caused by the licensee's negligence, error or omission in practice,
or by rendering unauthorized professional services, pursuant to the
reporting requirements of Section 801 or 802.
(3) Any public complaints for which provision is made pursuant to
subdivision (b).
(4) Disciplinary information reported pursuant to Section 805,
including any additional exculpatory or explanatory statements
submitted by the licentiate pursuant to subdivision (f) of Section
805. If a court finds, in a final judgment, that the peer review
resulting in the 805 report was conducted in bad faith and the
licensee who is the subject of the report notifies the board of that
finding, the board shall include that finding in the central file.
For purposes of this paragraph, "peer review" has the same meaning as
defined in Section 805.
(5) Information reported pursuant to Section 805.01, including any
explanatory or exculpatory information submitted by the licensee
pursuant to subdivision (b) of that section.
(b) (1) Each board shall prescribe and promulgate forms on which
members of the public and other licensees or certificate holders may
file written complaints to the board alleging any act of misconduct
in, or connected with, the performance of professional services by
the licensee.
(2) If a board, or division thereof, a committee, or a panel has
failed to act upon a complaint or report within five years, or has
found that the complaint or report is without merit, the central file
shall be purged of information relating to the complaint or report.
(3) Notwithstanding this subdivision, the Board of Psychology, the
Board of Behavioral Sciences, and the Respiratory Care Board of
California shall maintain complaints or reports as long as each board
deems necessary.
(c) (1) The contents of any central file that are not public
records under any other provision of law shall be confidential except
that the licensee involved, or his or her counsel or representative,
shall have the right to inspect and have copies made of his or her
complete file except for the provision that may disclose the identity
of an information source. For the purposes of this section, a board
may protect an information source by providing a copy of the material
with only those deletions necessary to protect the identity of the
source or by providing a comprehensive summary of the substance of
the material. Whichever method is used, the board shall ensure that
full disclosure is made to the subject of any personal information
that could reasonably in any way reflect or convey anything
detrimental, disparaging, or threatening to a licensee's reputation,
rights, benefits, privileges, or qualifications, or be used by a
board to make a determination that would affect a licensee's rights,
benefits, privileges, or qualifications. The information required to
be disclosed pursuant to Section 803.1 shall not be considered among
the contents of a central file for the purposes of this subdivision.
(2) The licensee may, but is not required to, submit any
additional exculpatory or explanatory statement or other information
that the board shall include in the central file.
(3) Each board may permit any law enforcement or regulatory agency
when required for an investigation of unlawful activity or for
licensing, certification, or regulatory purposes to inspect and have
copies made of that licensee's file, unless the disclosure is
otherwise prohibited by law.
(4) These disclosures shall effect no change in the confidential
status of these records.
SEC. 9. Section 805 of the Business and
Professions Code is amended to read:
805. (a) As used in this section, the following terms have the
following definitions:
(1) (A) "Peer review" means both of the following:
(i) A process in which a peer review body reviews the basic
qualifications, staff privileges, employment, medical outcomes, or
professional conduct of licentiates to make recommendations for
quality improvement and education, if necessary, in order to do
either or both of the following:
(I) Determine whether a licentiate may practice or continue to
practice in a health care facility, clinic, or other setting
providing medical services, and, if so, to determine the parameters
of that practice.
(II) Assess and improve the quality of care rendered in a health
care facility, clinic, or other setting providing medical services.
(ii) Any other activities of a peer review body as specified in
subparagraph (B).
(B) "Peer review body" includes:
(i) A medical or professional staff of any health care facility or
clinic licensed under Division 2 (commencing with Section 1200) of
the Health and Safety Code or of a facility certified to participate
in the federal Medicare program as an ambulatory surgical center.
(ii) A health care service plan licensed under Chapter 2.2
(commencing with Section 1340) of Division 2 of the Health and Safety
Code or a disability insurer that contracts with licentiates to
provide services at alternative rates of payment pursuant to Section
10133 of the Insurance Code.
(iii) Any medical, psychological, marriage and family therapy,
social work, professional clinical counselor, dental, or podiatric
professional society having as members at least 25 percent of the
eligible licentiates in the area in which it functions (which must
include at least one county), which is not organized for profit and
which has been determined to be exempt from taxes pursuant to Section
23701 of the Revenue and Taxation Code.
(iv) A committee organized by any entity consisting of or
employing more than 25 licentiates of the same class that functions
for the purpose of reviewing the quality of professional care
provided by members or employees of that entity.
(2) "Licentiate" means a physician and surgeon, doctor of
podiatric medicine, clinical psychologist, marriage and family
therapist, clinical social worker, professional clinical counselor,
dentist, or physician assistant. "Licentiate" also includes a person
authorized to practice medicine pursuant to Section 2113 or 2168.
(3) "Agency" means the relevant state licensing agency having
regulatory jurisdiction over the licentiates listed in paragraph (2).
(4) "Staff privileges" means any arrangement under which a
licentiate is allowed to practice in or provide care for patients in
a health facility. Those arrangements shall include, but are not
limited to, full staff privileges, active staff privileges, limited
staff privileges, auxiliary staff privileges, provisional staff
privileges, temporary staff privileges, courtesy staff privileges,
locum tenens arrangements, and contractual arrangements to provide
professional services, including, but not limited to, arrangements to
provide outpatient services.
(5) "Denial or termination of staff privileges, membership, or
employment" includes failure or refusal to renew a contract or to
renew, extend, or reestablish any staff privileges, if the action is
based on medical disciplinary cause or reason.
(6) "Medical disciplinary cause or reason" means that aspect of a
licentiate's competence or professional conduct that is reasonably
likely to be detrimental to patient safety or to the delivery of
patient care.
(7) "805 report" means the written report required under
subdivision (b).
(b) The chief of staff of a medical or professional staff or other
chief executive officer, medical director, or administrator of any
peer review body and the chief executive officer or administrator of
any licensed health care facility or clinic shall file an 805 report
with the relevant agency within 15 days after the effective date on
which any of the following occur as a result of an action of a peer
review body:
(1) A licentiate's application for staff privileges or membership
is denied or rejected for a medical disciplinary cause or reason.
(2) A licentiate's membership, staff privileges, or employment is
terminated or revoked for a medical disciplinary cause or reason.
(3) Restrictions are imposed, or voluntarily accepted, on staff
privileges, membership, or employment for a cumulative total of 30
days or more for any 12-month period, for a medical disciplinary
cause or reason.
(c) If a licentiate takes any action listed in paragraph (1), (2),
or (3) after receiving notice of a pending investigation initiated
for a medical disciplinary cause or reason or after receiving notice
that his or her application for membership or staff privileges is
denied or will be denied for a medical disciplinary cause or reason,
the chief of staff of a medical or professional staff or other chief
executive officer, medical director, or administrator of any peer
review body and the chief executive officer or administrator of any
licensed health care facility or clinic where the licentiate is
employed or has staff privileges or membership or where the
licentiate applied for staff privileges or membership, or sought the
renewal thereof, shall file an 805 report with the relevant agency
within 15 days after the licentiate takes the action.
(1) Resigns or takes a leave of absence from membership, staff
privileges, or employment.
(2) Withdraws or abandons his or her application for staff
privileges or membership.
(3) Withdraws or abandons his or her request for renewal of staff
privileges or membership.
(d) For purposes of filing an 805 report, the signature of at
least one of the individuals indicated in subdivision (b) or (c) on
the completed form shall constitute compliance with the requirement
to file the report.
(e) An 805 report shall also be filed within 15 days following the
imposition of summary suspension of staff privileges, membership, or
employment, if the summary suspension remains in effect for a period
in excess of 14 days.
(f) A copy of the 805 report, and a notice advising the licentiate
of his or her right to submit additional statements or other
information, electronically or otherwise, pursuant to Section 800,
shall be sent by the peer review body to the licentiate named in the
report. The notice shall also advise the licentiate that information
submitted electronically will be publicly disclosed to those who
request the information.
The information to be reported in an 805 report shall include the
name and license number of the licentiate involved, a description of
the facts and circumstances of the medical disciplinary cause or
reason, and any other relevant information deemed appropriate by the
reporter.
A supplemental report shall also be made within 30 days following
the date the licentiate is deemed to have satisfied any terms,
conditions, or sanctions imposed as disciplinary action by the
reporting peer review body. In performing its dissemination functions
required by Section 805.5, the agency shall include a copy of a
supplemental report, if any, whenever it furnishes a copy of the
original 805 report.
If another peer review body is required to file an 805 report, a
health care service plan is not required to file a separate report
with respect to action attributable to the same medical disciplinary
cause or reason. If the Medical Board of California or a licensing
agency of another state revokes or suspends, without a stay, the
license of a physician and surgeon, a peer review body is not
required to file an 805 report when it takes an action as a result of
the revocation or suspension. If the California Board of Podiatric
Medicine or a licensing agency of another state revokes or suspends,
without a stay, the license of a doctor of podiatric medicine, a peer
review body is not required to file an 805 report when it takes an
action as a result of the revocation or suspension.
(g) The reporting required by this section shall not act as a
waiver of confidentiality of medical records and committee reports.
The information reported or disclosed shall be kept confidential
except as provided in subdivision (c) of Section 800 and Sections
803.1 and 2027, provided that a copy of the report containing the
information required by this section may be disclosed as required by
Section 805.5 with respect to reports received on or after January 1,
1976.
(h) The Medical Board of California, the California Board of
Podiatric Medicine, the Osteopathic Medical Board of California, and
the Dental Board of California shall disclose reports as required by
Section 805.5.
(i) An 805 report shall be maintained electronically by an agency
for dissemination purposes for a period of three years after receipt.
(j) No person shall incur any civil or criminal liability as the
result of making any report required by this section.
(k) A willful failure to file an 805 report by any person who is
designated or otherwise required by law to file an 805 report is
punishable by a fine not to exceed one hundred thousand dollars
($100,000) per violation. The fine may be imposed in any civil or
administrative action or proceeding brought by or on behalf of any
agency having regulatory jurisdiction over the person regarding whom
the report was or should have been filed. If the person who is
designated or otherwise required to file an 805 report is a licensed
physician and surgeon, the action or proceeding shall be brought by
the Medical Board of California. If the person who is designated or
otherwise required to file an 805 report is a licensed doctor of
podiatric medicine, the action or proceeding shall be brought by the
California Board of Podiatric Medicine. The fine shall be paid to
that agency but not expended until appropriated by the Legislature. A
violation of this subdivision may constitute unprofessional conduct
by the licentiate. A person who is alleged to have violated this
subdivision may assert any defense available at law. As used in this
subdivision, "willful" means a voluntary and intentional violation of
a known legal duty.
(l) Except as otherwise provided in subdivision (k), any failure
by the administrator of any peer review body, the chief executive
officer or administrator of any health care facility, or any person
who is designated or otherwise required by law to file an 805 report,
shall be punishable by a fine that under no circumstances shall
exceed fifty thousand dollars ($50,000) per violation. The fine may
be imposed in any civil or administrative action or proceeding
brought by or on behalf of any agency having regulatory jurisdiction
over the person regarding whom the report was or should have been
filed. If the person who is designated or otherwise required to file
an 805 report is a licensed physician and surgeon, the action or
proceeding shall be brought by the Medical Board of California. If
the person who is designated or otherwise required to file an 805
report is a licensed doctor of podiatric medicine, the action or
proceeding shall be brought by the California Board of Podiatric
Medicine. The fine shall be paid to that agency but not expended
until appropriated by the Legislature. The amount of the fine
imposed, not exceeding fifty thousand dollars ($50,000) per
violation, shall be proportional to the severity of the failure to
report and shall differ based upon written findings, including
whether the failure to file caused harm to a patient or created a
risk to patient safety; whether the administrator of any peer review
body, the chief executive officer or administrator of any health care
facility, or any person who is designated or otherwise required by
law to file an 805 report exercised due diligence despite the failure
to file or whether they knew or should have known that an 805 report
would not be filed; and whether there has been a prior failure to
file an 805 report. The amount of the fine imposed may also differ
based on whether a health care facility is a small or rural hospital
as defined in Section 124840 of the Health and Safety Code.
(m) A health care service plan licensed under Chapter 2.2
(commencing with Section 1340) of Division 2 of the Health and Safety
Code or a disability insurer that negotiates and enters into a
contract with licentiates to provide services at alternative rates of
payment pursuant to Section 10133 of the Insurance Code, when
determining participation with the plan or insurer, shall evaluate,
on a case-by-case basis, licentiates who are the subject of an 805
report, and not automatically exclude or deselect these licentiates.
SEC. 10. Section 805.1 of the Business and
Professions Code is amended to read:
805.1. (a) The Medical Board of California, the California Board
of Podiatric Medicine, the Osteopathic Medical Board of California,
and the Dental Board of California shall be entitled to inspect and
copy the following documents in the record of any disciplinary
proceeding resulting in action that is required to be reported
pursuant to Section 805:
(1) Any statement of charges.
(2) Any document, medical chart, or exhibits in evidence.
(3) Any opinion, findings, or conclusions.
(4) Any certified copy of medical records, as permitted by
other applicable law.
(b) The information so disclosed shall be kept confidential and
not subject to discovery, in accordance with Section 800, except that
it may be reviewed, as provided in subdivision (c) of Section 800,
and may be disclosed in any subsequent disciplinary hearing conducted
pursuant to the Administrative Procedure Act (Chapter 5 (commencing
with Section 11500) of Part 1 of Division 3 of Title 2 of the
Government Code).
SEC. 11. Section 805.5 of the Business and
Professions Code is amended to read:
805.5. (a) Prior to granting or renewing staff privileges for any
physician and surgeon, psychologist, podiatrist, or dentist, any
health facility licensed pursuant to Division 2 (commencing with
Section 1200) of the Health and Safety Code, any health care service
plan or medical care foundation, the medical staff of the
institution, a facility certified to participate in the federal
Medicare Program as an ambulatory surgical center, or an outpatient
setting accredited pursuant to Section 1248.1 of the Health and
Safety Code shall request a report from the Medical Board of
California, the Board of Psychology, the California Board of
Podiatric Medicine, the Osteopathic Medical Board of California, or
the Dental Board of California to determine if any report has been
made pursuant to Section 805 indicating that the applying physician
and surgeon, psychologist, podiatrist, or dentist has been denied
staff privileges, been removed from a medical staff, or had his or
her staff privileges restricted as provided in Section 805. The
request shall include the name and California license number of the
physician and surgeon, psychologist, podiatrist, or dentist.
Furnishing of a copy of the 805 report shall not cause the 805 report
to be a public record.
(b) Upon a request made by, or on behalf of, an institution
described in subdivision (a) or its medical staff the board shall
furnish a copy of any report made pursuant to Section 805 as well as
any additional exculpatory or explanatory information submitted
electronically to the board by the licensee pursuant to subdivision
(f) of that section. However, the board shall not send a copy of a
report (1) if the denial, removal, or restriction was imposed solely
because of the failure to complete medical records, (2) if the board
has found the information reported is without merit, (3) if a court
finds, in a final judgment, that the peer review, as defined in
Section 805, resulting in the report was conducted in bad faith and
the licensee who is the subject of the report notifies the board of
that finding, or (4) if a period of three years has elapsed since the
report was submitted. This three-year period shall be tolled during
any period the licentiate has obtained a judicial order precluding
disclosure of the report, unless the board is finally and permanently
precluded by judicial order from disclosing the report. If a request
is received by the board while the board is subject to a judicial
order limiting or precluding disclosure, the board shall provide a
disclosure to any qualified requesting party as soon as practicable
after the judicial order is no longer in force.
If the board fails to advise the institution within 30 working
days following its request for a report required by this section, the
institution may grant or renew staff privileges for the physician
and surgeon, psychologist, podiatrist, or dentist.
(c) Any institution described in subdivision (a) or its medical
staff that violates subdivision (a) is guilty of a misdemeanor and
shall be punished by a fine of not less than two hundred dollars
($200) nor more than one thousand two hundred dollars ($1,200).
SEC. 12. Section 805.6 of the Business and
Professions Code is amended to read:
805.6. (a) The Medical Board of California, the California Board
of Podiatric Medicine, the Osteopathic Medical Board, and the Dental
Board of California shall establish a system of electronic
notification that is either initiated by the board or can be accessed
by qualified subscribers, and that is designed to achieve early
notification to qualified recipients of the existence of new reports
that are filed pursuant to Section 805.
(b) The State Department of Health Services shall notify the
appropriate licensing agency of any reporting violations pursuant to
Section 805.
(c) The Department of Managed Health Care shall notify the
appropriate licensing agency of any reporting violations pursuant to
Section 805.
SEC. 13. Section 810 of the Business and
Professions Code is amended to read:
810. (a) It shall constitute unprofessional conduct and grounds
for disciplinary action, including suspension or revocation of a
license or certificate, for a health care professional to do any of
the following in connection with his or her professional activities:
(1) Knowingly present or cause to be presented any false or
fraudulent claim for the payment of a loss under a contract of
insurance.
(2) Knowingly prepare, make, or subscribe any writing, with intent
to present or use the same, or to allow it to be presented or used
in support of any false or fraudulent claim.
(b) It shall constitute cause for revocation or suspension of a
license or certificate for a health care professional to engage in
any conduct prohibited under Section 1871.4 of the Insurance Code or
Section 549 or 550 of the Penal Code.
(c) (1) It shall constitute cause for automatic suspension of a
license or certificate issued pursuant to Chapter 3.5 (commencing
with Section 1460), Chapter 4 (commencing with Section 1600), Chapter
5 (commencing with Section 2000), Chapter 6.6 (commencing with
Section 2900), Chapter 7 (commencing with Section 3000), or Chapter 9
(commencing with Section 4000), or pursuant to the Chiropractic Act
or the Osteopathic Act, if a licensee or certificate holder has been
convicted of any felony involving fraud committed by the licensee or
certificate holder in conjunction with providing benefits covered by
worker's compensation insurance, or has been convicted of any felony
involving Medi-Cal fraud committed by the licensee or certificate
holder in conjunction with the Medi-Cal program, including the
Denti-Cal element of the Medi-Cal program, pursuant to Chapter 7
(commencing with Section 14000), or Chapter 8 (commencing with
Section 14200), of Part 3 of Division 9 of the Welfare and
Institutions Code. The board shall convene a disciplinary hearing to
determine whether or not the license or certificate shall be
suspended, revoked, or some other disposition shall be considered,
including, but not limited to, revocation with the opportunity to
petition for reinstatement, suspension, or other limitations on the
license or certificate as the board deems appropriate.
(2) It shall constitute cause for automatic suspension and for
revocation of a license or certificate issued pursuant to Chapter 3.5
(commencing with Section 1460), Chapter 4 (commencing with Section
1600), Chapter 5 (commencing with Section 2000), Chapter 6.6
(commencing with Section 2900), Chapter 7 (commencing with Section
3000), or Chapter 9 (commencing with Section 4000), or pursuant to
the Chiropractic Act or the Osteopathic Act, if a licensee or
certificate holder has more than one conviction of any felony arising
out of separate prosecutions involving fraud committed by the
licensee or certificate holder in conjunction with providing benefits
covered by worker's compensation insurance, or in conjunction with
the Medi-Cal program, including the Denti-Cal element of the Medi-Cal
program pursuant to Chapter 7 (commencing with Section 14000), or
Chapter 8 (commencing with Section 14200), of Part 3 of Division 9 of
the Welfare and Institutions Code. The board shall convene a
disciplinary hearing to revoke the license or certificate and an
order of revocation shall be issued unless the board finds mitigating
circumstances to order some other disposition.
(3) It is the intent of the Legislature that paragraph (2) apply
to a licensee or certificate holder who has one or more convictions
prior to January 1, 2004, as provided in this subdivision.
(4) Nothing in this subdivision shall preclude a board from
suspending or revoking a license or certificate pursuant to any other
provision of law.
(5) "Board," as used in this subdivision, means the Dental Board
of California, the Medical Board of California, the California Board
of Podiatric Medicine, the Board of Psychology, the State Board of
Optometry, the California State Board of Pharmacy, the Osteopathic
Medical Board of California, and the State Board of Chiropractic
Examiners.
(6) "More than one conviction," as used in this subdivision, means
that the licensee or certificate holder has one or more convictions
prior to January 1, 2004, and at least one conviction on or after
that date, or the licensee or certificate holder has two or more
convictions on or after January 1, 2004. However, a licensee or
certificate holder who has one or more convictions prior to January
1, 2004, but who has no convictions and is currently licensed or
holds a certificate after that date, does not have "more than one
conviction" for the purposes of this subdivision.
(d) As used in this section, health care professional means any
person licensed or certified pursuant to this division, or licensed
pursuant to the Osteopathic Initiative Act, or the Chiropractic
Initiative Act.
SEC. 14. Chapter 3.5 (commencing with Section
1460) is added to Division 2 of the Business and Professions Code, to
read:
CHAPTER 3.5. PODIATRIC MEDICINE
1460. (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.
1460.1. Protection of the public shall be the highest priority
for the California Board of Podiatric Medicine in exercising its
licensing, 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.
1461. As used in this chapter:
(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.
1462. The board shall consist of seven members, three of whom
shall be public members. Not more than one member of the board shall
be a full-time faculty member of a college or school of podiatric
medicine.
The Governor shall appoint the four members qualified as provided
in Section 2463 and one public member. The Senate Rules Committee and
the Speaker of the Assembly shall each appoint a public member.
1463. Each member of the board, except the public members, shall
be appointed from persons having all of the following qualifications:
(a) Be a citizen of this state for at least five years next
preceding his or her appointment.
(b) Be a graduate of a recognized school or college of podiatric
medicine.
(c) Have a valid certificate to practice podiatric medicine in
this state.
(d) Have engaged in the practice of podiatric medicine in this
state for at least five years next preceding his or her appointment.
1464. The public members shall be appointed from persons having
all of the following qualifications:
(a) Be a citizen of this state for at least five years next
preceding his or her appointment.
(b) Shall not be an officer or faculty member of any college,
school, or other institution engaged in podiatric medical
instruction.
(c) Shall not be a licentiate of the board or of any board under
this division or of any board created by an initiative act under this
division.
1465. No person who directly or indirectly owns any interest in
any college, school, or other institution engaged in podiatric
medical instruction shall be appointed to the board nor shall any
incumbent member of the board have or acquire any interest, direct or
indirect, in any such college, school, or institution.
1466. All members of the board shall be appointed for terms of
four years. Vacancies shall immediately be filled by the appointing
power for the unexpired portion of the terms in which they occur. No
person shall serve as a member of the board for more than two
consecutive terms.
1467. (a) The board may convene from time to time as it deems
necessary.
(b) Four members of the board constitute a quorum for the
transaction of business at any meeting.
(c) It shall require the affirmative vote of a majority of those
members present at a meeting, those members constituting at least a
quorum, to pass any motion, resolution, or measure.
(d) The board shall annually elect one of its members to act as
president and a member to act as vice president who shall hold their
respective positions at the pleasure of the board. The president may
call meetings of the board and any duly appointed committee at a
specified time and place.
1468. Notice of each meeting of the board shall be given in
accordance with the Bagley-Keene Open Meeting Act (Article 9
(commencing with Section 11120) of Chapter 1 of Part 1 of Division 3
of Title 2 of the Government Code).
1469. Each member of the board shall receive per diem and
expenses as provided in Section 2016.
1470. The board may adopt, amend, or repeal, in accordance with
the provisions of the Administrative Procedure Act (Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 1 of Title 2 of
the Government Code), regulations necessary to enable the board to
carry into effect the provisions of law relating to the practice of
podiatric medicine.
1471. Except as provided by Section 159.5, the board may employ,
within the limits of the funds received by the board, all personnel
necessary to carry out this chapter and the provisions of Chapter 5
(commencing with Section 2000) relating to podiatric medicine.
1472. (a) The certificate to practice podiatric medicine
authorizes the holder to practice podiatric medicine.
(b) As used in this chapter, "podiatric medicine" means the
diagnosis, medical, surgical, mechanical, manipulative, and
electrical treatment of the human foot, including the ankle and
tendons that insert into the foot and the nonsurgical treatment of
the muscles and tendons of the leg governing the functions of the
foot.
(c) A doctor of podiatric medicine shall not administer an
anesthetic other than local. If an anesthetic other than local is
required for any procedure, the anesthetic shall be administered by
another licensed health care practitioner who is authorized to
administer the required anesthetic within the scope of his or her
practice.
(d) (1) A doctor of podiatric medicine may do the following:
(A) Perform surgical treatment of the ankle and tendons at the
level of the ankle pursuant to subdivision (e).
(B) Perform services under the direct supervision of a physician
and surgeon, as an assistant at surgery, in surgical procedures that
are otherwise beyond the scope of practice of a doctor of podiatric
medicine.
(C) Perform a partial amputation of the foot no further proximal
than the Chopart's joint.
(2) Nothing in this subdivision shall be construed to permit a
doctor of podiatric medicine to function as a primary surgeon for any
procedure beyond his or her scope of practice.
(e) A doctor of podiatric medicine may perform surgical treatment
of the ankle and tendons at the level of the ankle only in the
following locations:
(1) A licensed general acute care hospital, as defined in Section
1250 of the Health and Safety Code.
(2) A licensed surgical clinic, as defined in Section 1204 of the
Health and Safety Code, if the doctor of podiatric medicine has
surgical privileges, including the privilege to perform surgery on
the ankle, in a general acute care hospital described in paragraph
(1) and meets all the protocols of the surgical clinic.
(3) An ambulatory surgical center that is certified to participate
in the Medicare program under Title XVIII (42 U.S.C. Sec. 1395 et
seq.) of the federal Social Security Act, if the doctor of podiatric
medicine has surgical privileges, including the privilege to perform
surgery on the ankle, in a general acute care hospital described in
paragraph (1) and meets all the protocols of the surgical center.
(4) A freestanding physical plant housing outpatient services of a
licensed general acute care hospital, as defined in Section 1250 of
the Health and Safety Code, if the doctor of podiatric medicine has
surgical privileges, including the privilege to perform surgery on
the ankle, in a general acute care hospital described in paragraph
(1). For purposes of this section, a "freestanding physical plant"
means any building that is not physically attached to a building
where inpatient services are provided.
(5) An outpatient setting accredited pursuant to subdivision (g)
of Section 1248.1 of the Health and Safety Code.
1474. Any person who uses in any sign or in any advertisement or
otherwise, the word or words "doctor of podiatric medicine," "doctor
of podiatry," "podiatric doctor," "D.P.M.," "podiatrist," "foot
specialist," or any other term or terms or any letters indicating or
implying that he or she is a doctor of podiatric medicine, or that he
or she practices podiatric medicine, or holds himself out as
practicing podiatric medicine or foot correction as defined in
Section 1472, without having at the time of so doing a valid,
unrevoked, and unsuspended certificate as provided for in this
chapter or Chapter 5 (commencing with Section 2000), is guilty of a
misdemeanor.
1475. 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.
1475.1. Before a resident's license may be issued, each applicant
shall show by evidence satisfactory to the board, submitted directly
to the board by the national score reporting institution, that he or
she has, within the past 10 years, passed Parts I and II 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.
1475.2. As used in this chapter, "podiatric residency" means a
program of supervised postgraduate clinical training, one year or
more in duration, approved by the board.
1475.3. (a) The board shall approve podiatric residency programs,
as defined in Section 1475.2, in the field of podiatric medicine,
for persons who are applicants for or have been issued a certificate
to practice podiatric medicine pursuant to this article.
(b) The board may only approve a podiatric residency that it
determines meets all of the following requirements:
(1) Reasonably conforms with the Accreditation Council for
Graduate Medical Education's Institutional Requirements of the
Essentials of Accredited Residencies in Graduate Medical Education:
Institutional and Program Requirements.
(2) Is approved by the Council on Podiatric Medical Education.
(3) Complies with the requirements of this state.
1476. Nothing in this chapter or Chapter 5 (commencing with
Section 2000) shall be construed to prevent a regularly matriculated
student undertaking a course of professional instruction in an
approved college or school of podiatric medicine from participating
in training beyond the scope of podiatric medicine under the
supervision of a physician and surgeon who holds a medical doctor or
doctor of osteopathy degree whenever and wherever prescribed as part
of his or her course of study.
1477. Nothing in this chapter prohibits the manufacture, the
recommendation, or the sale of either corrective shoes or appliances
for the human feet.
1479. 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) of Chapter 5 which are not specifically applicable
to applicants for a physician's and surgeon's certificate, in
addition to the provisions of this chapter and Chapter 5 (commencing
with Section 2000).
1480. The board shall have full authority to investigate and to
evaluate each applicant applying for a certificate to practice
podiatric medicine and to make a determination of the admission of
the applicant to the
examination and the issuance of a certificate in accordance with this
chapter and Chapter 5 (commencing with Section 2000).
1481. Each applicant who commenced professional instruction in
podiatric medicine after September 1, 1959, shall show by an official
transcript or other official evidence submitted directly to the
board by the academic institution that he or she has completed two
years of preprofessional postsecondary education, or its equivalent,
including the subjects of chemistry, biology or other biological
science, and physics or mathematics, before completing the resident
course of professional instruction.
1483. (a) Each applicant for a certificate to practice podiatric
medicine shall show by an official transcript or other official
evidence satisfactory to the board that is submitted directly to the
board by the academic institution that he or she has successfully
completed a medical curriculum extending over a period of at least
four academic years, or 32 months of actual instruction, in a college
or school of podiatric medicine approved by the board. The total
number of hours of all courses shall consist of a minimum of 4,000
hours.
The board, by regulation, shall adopt standards for determining
equivalent training authorized by this section.
(b) The curriculum for all applicants shall provide for adequate
instruction related to podiatric medicine in the following:
(1) Alcoholism and other chemical substance detection
(2) Local anesthesia
(3) Anatomy, including embryology, histology, and neuroanatomy
(4) Behavioral science
(5) Biochemistry
(6) Biomechanics-foot and ankle
(7) Child abuse detection
(8) Dermatology
(9) Geriatric medicine
(10) Human sexuality
(11) Infectious diseases
(12) Medical ethics
(13) Neurology
(14) Orthopedic surgery
(15) Pathology, microbiology, and immunology
(16) Pediatrics
(17) Pharmacology, including materia medica and toxicology
(18) Physical and laboratory diagnosis
(19) Physical medicine
(20) Physiology
(21) Podiatric medicine
(22) Podiatric surgery
(23) Preventive medicine, including nutrition
(24) Psychiatric problem detection
(25) Radiology and radiation safety
(26) Spousal or partner abuse detection
(27) Therapeutics
(28) Women's health
1484. In addition to any other requirements of this chapter or
Chapter 5 (commencing with Section 2000), before a certificate to
practice podiatric medicine may be issued, each applicant shall show
by evidence satisfactory to the board, submitted directly to the
board by the sponsoring institution, that he or she has
satisfactorily completed at least two years of postgraduate podiatric
medical and podiatric surgical training in a general acute care
hospital approved by the Council on Podiatric Medical Education.
1486. 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.
1488. 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.
1492. (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 1486,
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) of
Chapter 5 shall apply to examinations administered by the board
except where those provisions are in conflict with or inconsistent
with the provisions of this chapter.
1493. An applicant for a certificate to practice podiatric
medicine shall pass an examination in the subjects required by
Section 1483 in order to ensure a minimum of entry-level competence.
1495. Notwithstanding any other provision of this chapter, the
board may delegate to officials of the board the authority to approve
the admission of applicants to the examination and to approve the
issuance of certificates to practice podiatric medicine to applicants
who have met the specific requirements therefor in routine cases
where applicants clearly meet the requirements of this chapter.
1496. In order to ensure the continuing competence of persons
licensed to practice podiatric medicine, the board shall adopt and
administer regulations requiring continuing education of those
licensees. The board shall require those licensees to demonstrate
satisfaction of the continuing education requirements and one of the
following requirements at each license renewal:
(a) Passage of an examination administered by the board within the
past 10 years.
(b) Passage of an examination administered by an approved
specialty certifying board within the past 10 years.
(c) Current diplomate, board-eligible, or board-qualified status
granted by an approved specialty certifying board within the past 10
years.
(d) Recertification of current status by an approved specialty
certifying board within the past 10 years.
(e) Successful completion of an approved residency or fellowship
program within the past 10 years.
(f) Granting or renewal of current staff privileges within the
past five years by a health care facility that is licensed,
certified, accredited, conducted, maintained, operated, or otherwise
approved by an agency of the federal or state government or an
organization approved by the Medical Board of California.
(g) Successful completion within the past five years of an
extended course of study approved by the board.
(h) Passage within the past 10 years of Part III of the
examination administered by the National Board of Podiatric Medical
Examiners.
1497. (a) The board may order the denial of an application for,
or the suspension of, or the revocation of, or the imposition of
probationary conditions upon, a certificate to practice podiatric
medicine for any of the causes set forth in Article 12 (commencing
with Section 2220) of Chapter 5 in accordance with Section 2222.
(b) The board may hear all matters, including but not limited to,
any contested case or may assign any such matters to an
administrative law judge. The proceedings shall be held in accordance
with Section 2230. If a contested case is heard by the board itself,
the administrative law judge who presided at the hearing shall be
present during the board's consideration of the case and shall assist
and advise the board.
1497.5. (a) The board may request the administrative law judge,
under his or her proposed decision in resolution of a disciplinary
proceeding before the board, to direct any licensee found guilty of
unprofessional conduct to pay to the board a sum not to exceed the
actual and reasonable costs of the investigation and prosecution of
the case.
(b) The costs to be assessed shall be fixed by the administrative
law judge and shall not be increased by the board unless the board
does not adopt a proposed decision and in making its own decision
finds grounds for increasing the costs to be assessed, not to exceed
the actual and reasonable costs of the investigation and prosecution
of the case.
(c) When the payment directed in the board's order for payment of
costs is not made by the licensee, the board may enforce the order
for payment by bringing an action in any appropriate court. This
right of enforcement shall be in addition to any other rights the
board may have as to any licensee directed to pay costs.
(d) In any judicial action for the recovery of costs, proof of the
board's decision shall be conclusive proof of the validity of the
order of payment and the terms for payment.
(e) (1) Except as provided in paragraph (2), the board shall not
renew or reinstate the license of any licensee who has failed to pay
all of the costs ordered under this section.
(2) Notwithstanding paragraph (1), the board may, in its
discretion, conditionally renew or reinstate for a maximum of one
year the license of any licensee who demonstrates financial hardship
and who enters into a formal agreement with the board to reimburse
the board within that one-year period for those unpaid costs.
(f) All costs recovered under this section shall be deposited in
the Board of Podiatric Medicine Fund as a reimbursement in either the
fiscal year in which the costs are actually recovered or the
previous fiscal year, as the board may direct.
1498. (a) The board shall have the responsibility for reviewing
the quality of podiatric medical practice carried out by persons
licensed to practice podiatric medicine.
(b) Each member of the board, or any licensed doctor of podiatric
medicine appointed by the board, shall additionally have the
authority to inspect, or require reports from, a general or
specialized hospital and the podiatric medical staff thereof, with
respect to the podiatric medical care, services, or facilities
provided therein, and may inspect podiatric medical patient records
with respect to the care, services, or facilities. The authority to
make inspections and to require reports as provided by this section
shall not be delegated by a member of the board to any person other
than a doctor of podiatric medicine and shall be subject to the
restrictions against disclosure described in Section 2263.
1499. 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 this chapter
or the provisions of Chapter 5 (commencing with Section 2000)
relating to the regulation of the practice of podiatric medicine.
1499.5. The following fees apply to certificates to practice
podiatric medicine. The amount of fees prescribed for doctors of
podiatric medicine shall be those set forth in this section unless a
lower fee is established by the board in accordance with Section
1499.6. Fees collected pursuant to this section shall be fixed by the
board in amounts not to exceed the actual costs of providing the
service for which the fee is collected.
(a) Each applicant for a certificate to practice podiatric
medicine shall pay an application fee of one hundred dollars ($100)
at the time the application is filed. If the applicant qualifies for
a certificate, he or she shall pay a fee which shall be fixed by the
board at an amount not to exceed one hundred dollars ($100) nor less
than five dollars ($5) for the issuance of the certificate.
(b) The oral examination fee shall be seven hundred dollars
($700), or the actual cost, whichever is lower, and shall be paid by
each applicant. If the applicant's credentials are insufficient or if
the applicant does not desire to take the examination, and has so
notified the board 30 days prior to the examination date, only the
examination fee is returnable to the applicant. The board may charge
an examination fee for any subsequent reexamination of the applicant.
(c) Each applicant who qualifies for a certificate, as a condition
precedent to its issuance, in addition to other fees required by
this section, shall pay an initial license fee. The initial license
fee shall be eight hundred dollars ($800). The initial license shall
expire the second year after its issuance on the last day of the
month of birth of the licensee. The board may reduce the initial
license fee by up to 50 percent of the amount of the fee for any
applicant who is enrolled in a postgraduate training program approved
by the board or who has completed a postgraduate training program
approved by the board within six months prior to the payment of the
initial license fee.
(d) The biennial renewal fee shall be nine hundred dollars ($900).
Any licensee enrolled in an approved residency program shall be
required to pay only 50 percent of the biennial renewal fee at the
time of his or her first renewal.
(e) The delinquency fee is one hundred fifty dollars ($150).
(f) The duplicate wall certificate fee is one hundred dollars
($100).
(g) The duplicate renewal receipt fee is fifty dollars ($50).
(h) The endorsement fee is thirty dollars ($30).
(i) The letter of good standing fee or for loan deferment is one
hundred dollars ($100).
(j) There shall be a fee of one hundred dollars ($100) for the
issuance of a resident's license under Section 1475.
(k) The filing fee to appeal the failure of an oral examination
shall be one hundred dollars ($100).
(l) The fee for approval of a continuing education course or
program shall be two hundred fifty dollars ($250).
1499.6. The fees in this chapter shall be fixed by the board in
accordance with Section 313.1. The fees shall not exceed the
reasonable regulatory cost.
1499.7. (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.
1499.8. Any licensee who demonstrates to the satisfaction of the
board that he or she is unable to practice podiatric medicine due to
a disability may request a waiver of the license renewal fee. The
granting of a waiver shall be at the discretion of the board and may
be terminated at any time. Waivers shall be based on the inability of
a licensee to practice podiatric medicine. A licensee whose renewal
fee has been waived pursuant to this section shall not engage in the
practice of podiatric medicine unless and until the licensee pays the
current renewal fee and does either of the following:
(a) Establishes to the satisfaction of the board, on a form
prescribed by the board and signed under penalty of perjury, that the
licensee's disability either no longer exists or does not affect his
or her ability to practice podiatric medicine safely.
(b) Signs an agreement on a form prescribed by the board, signed
under penalty of perjury, in which the licensee agrees to limit his
or her practice in the manner prescribed by the reviewing physician.
SEC. 15. SEC. 2. Section 1944 of the
Business and Professions Code is amended to read:
1944. (a) The committee shall establish by resolution the amount
of the fees that relate to the licensing of a registered dental
hygienist, a registered dental hygienist in alternative practice, and
a registered dental hygienist in extended functions. The fees
established by board resolution in effect on June 30, 2009, as they
relate to the licensure of registered dental hygienists, registered
dental hygienists in alternative practice, and registered dental
hygienists in extended functions, shall remain in effect until
modified by the committee. The fees are subject to the following
limitations:
(1) The application fee for an original license and the fee for
issuance of an original license shall not exceed two hundred fifty
dollars ($250).
(2) The fee for examination for licensure as a registered dental
hygienist shall not exceed the actual cost of the examination.
(3) The fee for examination for licensure as a registered dental
hygienist in extended functions shall not exceed the actual cost of
the examination.
(4) The fee for examination for licensure as a registered dental
hygienist in alternative practice shall not exceed the actual cost of
administering the examination.
(5) The biennial renewal fee shall not exceed five hundred dollars
($500).
(6) The delinquency fee shall not exceed one-half of the renewal
fee. Any delinquent license may be restored only upon payment of all
fees, including the delinquency fee, and compliance with all other
applicable requirements of this article.
(7) The fee for issuance of a duplicate license to replace one
that is lost or destroyed, or in the event of a name change, shall
not exceed twenty-five dollars ($25) or one-half of the renewal fee,
whichever is greater.
(8) The fee for certification of licensure shall not exceed
one-half of the renewal fee.
(9) The fee for each curriculum review, feasibility study review,
and site evaluation for educational programs for dental hygienists
who are not accredited by a committee-approved agency shall not
exceed two thousand one hundred dollars ($2,100).
(10) The fee for each review or approval of course requirements
for licensure or procedures that require additional training shall
not exceed seven hundred fifty dollars ($750).
(11) The initial application and biennial fee for a provider of
continuing education shall not exceed five hundred dollars ($500).
(12) The amount of fees payable in connection with permits issued
under Section 1962 is as follows:
(A) The initial permit fee is an amount equal to the renewal fee
for the applicant's license to practice dental hygiene in effect on
the last regular renewal date before the date on which the permit is
issued.
(B) If the permit will expire less than one year after its
issuance, then the initial permit fee is an amount equal to 50
percent of the renewal fee in effect on the last regular renewal date
before the date on which the permit is issued.
(b) The renewal and delinquency fees shall be fixed by the
committee by resolution at not more than the current amount of the
renewal fee for a license to practice under this article nor less
than five dollars ($5).
(c) Fees fixed by the committee by resolution pursuant to this
section shall not be subject to the approval of the Office of
Administrative Law.
(d) Fees collected pursuant to this section shall be collected by
the committee and deposited into the State Dental Hygiene Fund, which
is hereby created. All money in this fund shall, upon appropriation
by the Legislature in the annual Budget Act, be used to implement
this article.
(e) No fees or charges other than those listed in this section
shall be levied by the committee in connection with the licensure of
registered dental hygienists, registered dental hygienists in
alternative practice, or registered dental hygienists in extended
functions.
(f) The fee for registration of an extramural dental facility
shall not exceed two hundred fifty dollars ($250).
(g) The fee for registration of a mobile dental hygiene unit shall
not exceed one hundred fifty dollars ($150).
(h) The biennial renewal fee for a mobile dental hygiene unit
shall not exceed two hundred fifty dollars ($250).
(i) The fee for an additional office permit shall not exceed two
hundred fifty dollars ($250).
(j) The biennial renewal fee for an additional office as described
in Section 1926.4 shall not exceed two hundred fifty dollars ($250).
(k) The initial application and biennial special permit fee is an
amount equal to the biennial renewal fee specified in paragraph (6)
of subdivision (a).
(l) The fees in this section shall not exceed an amount sufficient
to cover the reasonable regulatory cost of carrying out this
article.
SEC. 16. Section 2052.5 of the Business and
Professions Code is amended to read:
2052.5. (a) The proposed registration program developed pursuant
to subdivision (b) shall provide that, for purposes of the proposed
registration program:
(1) A physician and surgeon practices medicine in this state
across state lines when that person is located outside of this state
but, through the use of any medium, including an electronic medium,
practices or attempts to practice, or advertises or holds himself or
herself out as practicing, any system or mode of treating the sick or
afflicted in this state, or diagnoses, treats, operates for, or
prescribes for any ailment, blemish, deformity, disease,
disfigurement,
disorder, injury, or other physical or mental condition of any person
in this state.
(2) A doctor of podiatric medicine practices podiatric medicine in
this state across state lines when that person is located outside of
this state but, through the use of any medium, including an
electronic medium, practices or attempts to practice podiatric
medicine, as defined in Section 1472, in this state.
(3) The proposed registration program shall not apply to any
consultation described in Section 2060.
(b) The board may, at its discretion, develop a proposed
registration program to permit a physician and surgeon, or a doctor
of podiatric medicine, located outside this state to register with
the board to practice medicine or podiatric medicine in this state
across state lines.
(1) The proposed registration program shall include proposed
requirements for registration, including, but not limited to,
licensure in the state or country where the physician and surgeon, or
the doctor of podiatric medicine, resides, and education and
training requirements.
(2) The proposed registration program may also include all of the
following: (A) standards for confidentiality, format, and retention
of medical records, (B) access to medical records by the board, (C)
registration fees, renewal fees, delinquency fees, and replacement
document fees in an amount not to exceed the actual cost of
administering the registration program, and (D) provisions ensuring
that enforcement and consumer education shall be integral parts of
administering the registration program.
(3) The proposed registration program may also provide all of the
following:
(A) All laws, rules, and regulations that govern the practice of
medicine or podiatric medicine in this state, including, but not
limited to, confidentiality and reporting requirements, shall apply
to a physician and surgeon, or a doctor of podiatric medicine, who is
registered by the board to practice medicine or podiatric medicine
in this state across state lines.
(B) The board may deny an application for registration or may
suspend, revoke, or otherwise discipline a registrant for any of the
following: (i) on any ground prescribed by this chapter, (ii) failure
to possess or to maintain a valid license in the state where the
registrant resides, or (iii) if the applicant or registrant is not
licensed by the state or country in which he or she resides, and that
state or country prohibits the practice of medicine or podiatric
medicine from that state or country into any other state or country
without a valid registration or license issued by the state or
country in which the applicant or registrant practices. Action to
deny or discipline a registrant shall be taken in the manner provided
for in this chapter.
(C) Any of the following shall be grounds for discipline of a
registrant: (i) to allow any person to engage in the practice of
medicine or podiatric medicine in this state across state lines under
his or her registration, including, but not limited to, any nurse,
physician assistant, medical assistant, or other person, (ii) to fail
to include his or her registration number on any invoice or other
type of billing statement submitted for care or treatment provided to
a patient located in this state, (iii) to practice medicine or
podiatric medicine in any other state or country without meeting the
legal requirements to practice medicine or podiatric medicine in that
state or country, or (iv) to fail to notify the board, in a manner
prescribed by the board, of any restrictions placed on his or her
medical license, or podiatric medical license, in any state.
(D) A registration issued pursuant to the registration program
shall automatically be suspended upon receipt of a copy, from the
state that issued the license, of the surrender, revocation,
suspension, or other similar type of action taken by another state or
country against a medical license, or podiatric medical license,
issued to a registrant. The board shall notify the registrant in
writing of the suspension and of the registrant's right to a hearing.
(4) Section 2314 shall not apply to the registration program.
(c) This section shall not be construed to authorize the board to
implement a registration program for physicians and surgeons or
doctors of podiatric medicine located outside this state. This
section is intended to authorize the board to develop a proposed
registration program to be authorized for implementation by future
legislation.
(d) For purposes of this section, "board" refers to either the
Medical Board of California or the California Board of Podiatric
Medicine, as applicable.
SEC. 17. Section 2423 of the Business and
Professions Code is amended to read:
2423. (a) Notwithstanding Section 2422:
(1) All physician and surgeon's certificates, registrations of
spectacle lens dispensers and contact lens dispensers, 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. 18. Article 22 (commencing with Section
2460) of Chapter 5 of Division 2 of the Business and Professions Code
is repealed.
SEC. 3. Section 2472 of the Business
and Professions Code is amended to read:
2472. (a) The certificate to practice podiatric medicine
authorizes the holder to practice podiatric medicine.
(b) As used in this chapter, "podiatric medicine" means the
diagnosis, medical, surgical, mechanical, manipulative, and
electrical treatment of the human foot, including the ankle and
tendons that insert into the foot and the nonsurgical treatment of
the muscles and tendons of the leg governing the functions of the
foot.
(c) A doctor of podiatric medicine may
shall not administer an anesthetic other than local. If an
anesthetic other than local is required for any procedure, the
anesthetic shall be administered by another licensed health care
practitioner who is authorized to administer the required anesthetic
within the scope of his or her practice.
(d) (1) A doctor of podiatric medicine who is ankle
certified by the board on and after January 1, 1984, may do
the following:
(A) Perform surgical treatment of the ankle and tendons at the
level of the ankle pursuant to subdivision (e).
(B) Perform services under the direct supervision of a physician
and surgeon, as an assistant at surgery, in surgical procedures that
are otherwise beyond the scope of practice of a doctor of podiatric
medicine.
(C) Perform a partial amputation of the foot no further proximal
than the Chopart's joint.
(2) Nothing in this subdivision shall be construed to permit a
doctor of podiatric medicine to function as a primary surgeon for any
procedure beyond his or her scope of practice.
(e) A doctor of podiatric medicine may perform surgical treatment
of the ankle and tendons at the level of the ankle only in the
following locations:
(1) A licensed general acute care hospital, as defined in Section
1250 of the Health and Safety Code.
(2) A licensed surgical clinic, as defined in Section 1204 of the
Health and Safety Code, if the doctor of podiatric medicine has
surgical privileges, including the privilege to perform surgery on
the ankle, in a general acute care hospital described in paragraph
(1) and meets all the protocols of the surgical clinic.
(3) An ambulatory surgical center that is certified to participate
in the Medicare program under Title XVIII (42 U.S.C. Sec. 1395 et
seq.) of the federal Social Security Act, if the doctor of podiatric
medicine has surgical privileges, including the privilege to perform
surgery on the ankle, in a general acute care hospital described in
paragraph (1) and meets all the protocols of the surgical center.
(4) A freestanding physical plant housing outpatient services of a
licensed general acute care hospital, as defined in Section 1250 of
the Health and Safety Code, if the doctor of podiatric medicine has
surgical privileges, including the privilege to perform surgery on
the ankle, in a general acute care hospital described in paragraph
(1). For purposes of this section, a "freestanding physical plant"
means any building that is not physically attached to a building
where inpatient services are provided.
(5) An outpatient setting accredited pursuant to subdivision (g)
of Section 1248.1 of the Health and Safety Code.
SEC. 4. Section 2499.5 of the Business
and Professions Code is amended to read:
2499.5. The following fees apply to certificates to practice
podiatric medicine. The amount of fees prescribed for doctors of
podiatric medicine shall be those set forth in this section unless a
lower fee is established by the board in accordance with Section
2499.6. Fees collected pursuant to this section shall be fixed by the
board in amounts not to exceed the actual costs of providing the
service for which the fee is collected.
(a) Each applicant for a certificate to practice podiatric
medicine shall pay an application fee of twenty dollars
($20) one hundred dollars ($100) at
the time the application is filed. If the applicant qualifies for a
certificate, he or she shall pay a fee which shall be fixed by the
board at an amount not to exceed one hundred dollars ($100) nor less
than five dollars ($5) for the issuance of the certificate.
(b) The oral examination fee shall be seven hundred dollars
($700), or the actual cost, whichever is lower, and shall be paid by
each applicant. If the applicant's credentials are insufficient or if
the applicant does not desire to take the examination, and has so
notified the board 30 days prior to the examination date, only the
examination fee is returnable to the applicant. The board may charge
an examination fee for any subsequent reexamination of the applicant.
(c) Each applicant who qualifies for a certificate, as a condition
precedent to its issuance, in addition to other fees required by
this section, shall pay an initial license fee. The initial license
fee shall be eight hundred dollars ($800). The initial license shall
expire the second year after its issuance on the last day of the
month of birth of the licensee. The board may reduce the initial
license fee by up to 50 percent of the amount of the fee for any
applicant who is enrolled in a postgraduate training program approved
by the board or who has completed a postgraduate training program
approved by the board within six months prior to the payment of the
initial license fee.
(d) The biennial renewal fee shall be nine hundred dollars ($900).
Any licensee enrolled in an approved residency program shall be
required to pay only 50 percent of the biennial renewal fee at the
time of his or her first renewal.
(e) The delinquency fee is one hundred fifty dollars ($150).
(f) The duplicate wall certificate fee is forty dollars
($40). one hundred dollars ($100).
(g) The duplicate renewal receipt fee is forty dollars
($40). fifty dollars ($50).
(h) The endorsement fee is thirty dollars ($30).
(i) The letter of good standing fee or for loan deferment is
thirty dollars ($30). one hundred dollars
($100).
(j) There shall be a fee of sixty dollars ($60)
one hundred dollars ($100) for the issuance of a resident'
s license under Section 2475.
(k) The application fee for ankle certification under Section 2472
for persons licensed prior to January 1, 1984, shall be fifty
dollars ($50). The examination and reexamination fee for this
certification shall be seven hundred dollars ($700).
( l )
(k) The filing fee to appeal the failure of an oral
examination shall be twenty-five dollars ($25).
one hundred dollars ($100).
(m)
( l ) The fee for approval of a
continuing education course or program shall be one hundred
dollars ($100). two hundred fifty dollars ($250).
SEC. 19. SEC. 5. Section 2546.9 of
the Business and Professions Code is repealed.
SEC. 20. SEC. 6. Section 2546.9 is
added to the Business and Professions Code, to read:
2546.9. The amount of fees prescribed in connection with the
registration of nonresident contact lens sellers is that established
by the following schedule:
(a) The application fee for a nonresident contact lens seller
shall be a minimum of one hundred fifty dollars ($150) and shall not
exceed two hundred dollars ($200).
(b) The initial registration fee shall be a minimum of two hundred
dollars ($200) and shall not exceed three hundred dollars ($300).
(c) The renewal fee shall be a minimum of two hundred dollars
($200) and shall not exceed three hundred dollars ($300).
(d) The delinquency fee shall be a minimum of fifty dollars ($50)
and shall not exceed seventy- five dollars ($75).
(e) The fee for replacement of a lost, stolen, or destroyed
registration shall be twenty-five dollars ($25).
(f) The State Board of Optometry may periodically revise and fix
by regulation the fees specified in subdivisions (a), (b), (c), and
(d), and these revised fees shall not exceed the reasonable
regulatory cost.
(g) The fees collected pursuant to this chapter shall be deposited
in the Dispensing Opticians Fund, and shall be available, upon
appropriation, to the State Board of Optometry for the purposes of
this chapter.
SEC. 21. SEC. 7. Section 2565 of the
Business and Professions Code is repealed.
SEC. 22. SEC. 8. Section 2565 is
added to the Business and Professions Code, to read:
2565. The amount of fees prescribed in connection with the
registration of dispensing opticians shall be as set forth in this
section.
(a) The application fee for registration shall be a minimum of one
hundred fifty dollars ($150) and shall not exceed two hundred
dollars ($200).
(b) The initial registration fee shall be a minimum of two hundred
dollars ($200) and shall not exceed three hundred dollars ($300).
(c) The renewal fee shall be a minimum of two hundred dollars
($200) and shall not exceed three hundred dollars ($300).
(d) The delinquency fee shall be a minimum of fifty dollars ($50)
and shall not exceed seventy-five dollars ($75).
(e) The fee for replacement of a lost, stolen, or destroyed
certificate shall be twenty-five dollars ($25).
(f) The State Board of Optometry may periodically revise and fix
by regulation the fees specified in subdivisions (a), (b), (c), and
(d), and these revised fees shall not exceed the reasonable
regulatory cost.
SEC. 23. SEC. 9. Section 2566 of the
Business and Professions Code is repealed.
SEC. 24. SEC. 10. Section 2566 is
added to the Business and Professions Code, to read:
2566. The amount of fees prescribed in connection with
certificates for contact lens dispensers is as follows:
(a) The application fee for a registered contact lens dispenser
shall be a minimum of one hundred fifty dollars ($150) and shall not
exceed two hundred dollars ($200).
(b) The initial registration fee shall be a minimum of two hundred
dollars ($200) and shall not exceed three hundred dollars ($300).
(c) The biennial fee for the renewal of certificates shall be a
minimum of two hundred dollars ($200) and shall not exceed three
hundred dollars ($300).
(d) The delinquency fee shall be a minimum of fifty dollars ($50)
and shall not exceed seventy-five dollars ($75).
(e) The division may by regulation provide for a refund of a
portion of the application fee to applicants who do not meet the
requirements for registration.
(f) The State Board of Optometry may periodically revise and fix
by regulation the fees specified in subdivisions (a), (b), (c), and
(d), and these revised fees shall not exceed the reasonable
regulatory cost.
(g) The fee for replacement of a lost, stolen, or destroyed
certificate is twenty-five dollars ($25).
SEC. 25. SEC. 11. Section 2566.1 of
the Business and Professions Code is repealed.
SEC. 26. SEC. 12. Section 2566.1 is
added to the Business and Professions Code, to read:
2566.1. The amount of fees prescribed in connection with
certificates for spectacle lens dispensers shall be as set forth in
this section:
(a) The application for registration fee shall be a minimum of one
hundred fifty dollars ($150) and shall not exceed two hundred
dollars ($200).
(b) The initial registration fee shall be a minimum of two hundred
dollars ($200) and shall not exceed three hundred dollars ($300).
(c) The renewal fee shall be a minimum of two hundred dollars
($200) and shall not exceed three hundred dollars ($300).
(d) The delinquency fee shall be a minimum of fifty dollars ($50)
and shall not exceed seventy-five dollars ($75).
(e) The fee for replacement of a lost, stolen or destroyed
certificate is twenty-five dollars ($25).
(f) The State Board of Optometry may periodically revise and fix
by regulation the fees specified in subdivisions (a), (b), (c), and
(d), and these revised fees shall not exceed the reasonable
regulatory cost.
SEC. 27. SEC. 13. 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. 28. SEC. 14. 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. 29. SEC. 15. 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. 30. SEC. 16. 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 or her 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 or her 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. 31. SEC. 17. 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. 32. SEC. 18. 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. 33. SEC. 19. 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. 34. SEC. 20. 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. 35. SEC. 21. 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. 36. SEC. 22. 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. 37. SEC. 23. 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 coursework 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. 38. SEC. 24. 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.
(h) Until July 1, 2017, the fee for issuance or annual renewal of
a centralized hospital packaging pharmacy license shall be six
hundred dollars ($600) and may be increased by the board to eight
hundred dollars ($800).
SEC. 39. Section 4170 of the Business and
Professions Code is amended to read:
4170. (a) No prescriber shall dispense drugs or dangerous devices
to patients in his or her office or place of practice unless all of
the following conditions are met:
(1) The dangerous drugs or dangerous devices are dispensed to the
prescriber's own patient, and the drugs or dangerous devices are not
furnished by a nurse or physician attendant.
(2) The dangerous drugs or dangerous devices are necessary in the
treatment of the condition for which the prescriber is attending the
patient.
(3) The prescriber does not keep a pharmacy, open shop, or
drugstore, advertised or otherwise, for the retailing of dangerous
drugs, dangerous devices, or poisons.
(4) The prescriber fulfills all of the labeling requirements
imposed upon pharmacists by Section 4076, all of the recordkeeping
requirements of this chapter, and all of the packaging requirements
of good pharmaceutical practice, including the use of childproof
containers.
(5) The prescriber does not use a dispensing device unless he or
she personally owns the device and the contents of the device, and
personally dispenses the dangerous drugs or dangerous devices to the
patient packaged, labeled, and recorded in accordance with paragraph
(4).
(6) The prescriber, prior to dispensing, offers to give a written
prescription to the patient that the patient may elect to have filled
by the prescriber or by any pharmacy.
(7) The prescriber provides the patient with written disclosure
that the patient has a choice between obtaining the prescription from
the dispensing prescriber or obtaining the prescription at a
pharmacy of the patient's choice.
(8) A certified nurse-midwife who functions pursuant to a
standardized procedure or protocol described in Section 2746.51, a
nurse practitioner who functions pursuant to a standardized procedure
described in Section 2836.1, or protocol, a physician assistant who
functions pursuant to Section 3502.1, or a naturopathic doctor who
functions pursuant to Section 3640.5, may hand to
a patient of the supervising physician and
surgeon a properly labeled prescription drug prepackaged by a
physician and surgeon, a manufacturer as defined in this chapter, or
a pharmacist.
(b) The Medical Board of California, the California Board of
Podiatric Medicine, the State Board of Optometry, the Bureau of
Naturopathic Medicine, the Dental Board of California, the
Osteopathic Medical Board of California, the Board of Registered
Nursing, the Veterinary Medical Board, and the Physician Assistant
Committee shall have authority with the California State Board of
Pharmacy to ensure compliance with this section, and those boards are
specifically charged with the enforcement of this chapter with
respect to their respective licensees.
(c) "Prescriber," as used in this section, means a person, who
holds a physician's and surgeon's certificate, a license to practice
optometry, a license to practice naturopathic medicine, a license to
practice dentistry, a license to practice veterinary medicine, or a
certificate to practice podiatry, and who is duly registered by the
Medical Board of California, the California Board of Podiatric
Medicine, the State Board of Optometry, the Bureau of Naturopathic
Medicine, the Dental Board of California, the Veterinary Medical
Board, or the Board of Osteopathic Examiners of this state.
SEC. 40. Section 4175 of the Business and
Professions Code is amended to read:
4175. (a) The California State Board of Pharmacy shall promptly
forward to the appropriate licensing entity, including the Medical
Board of California, the California Board of Podiatric Medicine, the
Veterinary Medical Board, the Dental Board of California, the State
Board of Optometry, the Osteopathic Medical Board of California, the
Board of Registered Nursing, the Bureau of Naturopathic Medicine, or
the Physician Assistant Committee, all complaints received related to
dangerous drugs or dangerous devices dispensed by a prescriber,
certified nurse-midwife, nurse practitioner, naturopathic doctor, or
physician assistant pursuant to Section 4170.
(b) All complaints involving serious bodily injury due to
dangerous drugs or dangerous devices dispensed by prescribers,
certified nurse-midwives, nurse practitioners, naturopathic doctors,
or physician assistants pursuant to Section 4170 shall be handled by
the Medical Board of California, the California Board of Podiatric
Medicine, the Dental Board of California, the State Board of
Optometry, the Osteopathic Medical Board of California, the Bureau of
Naturopathic Medicine, the Board of Registered Nursing, the
Veterinary Medical Board, or the Physician Assistant Committee as a
case of greatest potential harm to a patient.
SEC. 41. SEC. 25. 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. 42. SEC. 26. 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. 43. SEC. 27. Section 4830 of
the Business and Professions Code is amended to read:
4830. (a) This chapter does not apply to:
(1) Veterinarians while serving in any armed branch of the
military service of the United States or the United States Department
of Agriculture while actually engaged and employed in their official
capacity.
(2) Veterinarians holding a current, valid license in good
standing in another state or country who provide assistance to a
California licensed veterinarian and attend on a specific case. The
California licensed veterinarian shall maintain a valid
veterinarian-client-patient relationship. The veterinarian providing
the assistance shall not establish a veterinarian-client-patient
relationship with the client by attending the case or at a future
time and shall not practice veterinary medicine, open an office,
appoint a place to meet patients, communicate with clients who reside
within the limits of this state, give orders, or have ultimate
authority over the care or primary diagnosis of a patient that is
located within this state.
(3) Veterinarians called into the state by a law enforcement
agency or animal control agency pursuant to subdivision (b).
(4) Veterinarians employed by the University of California while
engaged in the performance of duties in connection with the College
of Agriculture, the Agricultural Experiment Station, the School of
Veterinary Medicine, or the agricultural extension work of the
university or employed by the Western University of Health Sciences
while engaged in the performance of duties in connection with the
College of Veterinary Medicine or the agricultural extension work of
the university.
(5) Students in the School of Veterinary Medicine of the
University of California or the College of Veterinary Medicine of the
Western University of Health Sciences who participate in diagnosis
and treatment as part of their educational experience, including
those in off-campus educational programs under the direct supervision
of a licensed veterinarian in good standing, as defined in paragraph
(1) of subdivision (b) of Section 4848, appointed by the University
of California, Davis, or the Western University of Health Sciences.
(6) A veterinarian who is employed by the Meat and Poultry
Inspection Branch of the California Department of Food and
Agriculture while actually engaged and employed in his or her
official capacity. A person exempt under this paragraph shall not
otherwise engage in the practice of veterinary medicine unless he or
she is issued a license by the board.
(7) Unlicensed personnel employed by the Department of Food and
Agriculture or the United States Department of Agriculture when in
the course of their duties they are directed by a veterinarian
supervisor to conduct an examination, obtain biological specimens,
apply biological tests, or administer medications or biological
products as part of government disease or condition monitoring,
investigation, control, or eradication activities.
(b) (1) For purposes of paragraph (3) of subdivision (a), a
regularly licensed veterinarian in good standing who is called from
another state by a law enforcement agency or animal control agency,
as defined in Section 31606 of the Food and Agricultural Code, to
attend to cases that are a part of an investigation of an alleged
violation of federal or state animal fighting or animal cruelty laws
within a single geographic location shall be exempt from the
licensing requirements of this chapter if the law enforcement agency
or animal control agency determines that it is necessary to call the
veterinarian in order for the agency or officer to conduct the
investigation in a timely, efficient, and effective manner. In
determining whether it is necessary to call a veterinarian from
another state, consideration shall be given to the availability of
veterinarians in this state to attend to these cases. An agency,
department, or officer that calls a veterinarian pursuant to this
subdivision shall notify the board of the investigation.
(2) Notwithstanding any other provision of this chapter, a
regularly licensed veterinarian in good standing who is called from
another state to attend to cases that are a part of an investigation
described in paragraph (1) may provide veterinary medical care for
animals that are affected by the investigation with a temporary
shelter facility, and the temporary shelter facility shall be exempt
from the registration requirement of Section 4853 if all of the
following conditions are met:
(A) The temporary shelter facility is established only for the
purpose of the investigation.
(B) The temporary shelter facility provides veterinary medical
care, shelter, food, and water only to animals that are affected by
the investigation.
(C) The temporary shelter facility complies with Section 4854.
(D) The temporary shelter facility exists for not more than 60
days, unless the law enforcement agency or animal control agency
determines that a longer period of time is necessary to complete the
investigation.
(E) Within 30 calendar days upon completion of the provision of
veterinary health care services at a temporary shelter facility
established pursuant to this section, the veterinarian called from
another state by a law enforcement agency or animal control agency to
attend to a case shall file a report with the board. The report
shall contain the date, place, type, and general description of the
care provided, along with a listing of the veterinary health care
practitioners who participated in providing that care.
(c) For purposes of paragraph (3) of subdivision (a), the board
may inspect temporary facilities established pursuant to this
section.
SEC. 44. SEC. 28. Section 4999 of
the Business and Professions Code is amended to read:
4999. "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. "Telephone
medical advice service" does not include a medical group that
operates in multiple locations in California 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.
SEC. 45. SEC. 29. Section 4999.1 of
the Business and Professions Code is repealed.
SEC. 46. SEC. 30. Section 4999.2 of
the Business and Professions Code is amended to read:
4999.2. A telephone medical advice service shall be responsible
for complying with the following requirements:
(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 subdivision (b).
(2) Ensuring that all health care professionals who provide
telephone medical advice services from an out-of-state location, as
identified in 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.
(b) Ensuring that the telephone medical advice provided is
consistent with good professional practice.
(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.
(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
paragraph (1) of subdivision (a), unless the staff member is a
licensed, certified, or registered professional.
(e) Complying with all directions and requests for information
made by the department.
(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.
SEC. 47. SEC. 31. Section 4999.3 of
the Business and Professions Code is repealed.
SEC. 48. SEC. 32. Section 4999.4 of
the Business and Professions Code is repealed.
SEC. 49. SEC. 33. Section 4999.5 of
the Business and Professions Code is repealed.
SEC. 50. SEC. 34. 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. 51. SEC. 35. Section 4999.6 of
the Business and Professions Code is repealed.
SEC. 52. SEC. 36. 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) The application fee for an original license in a single
classification shall not be more than three hundred dollars ($300).
The application fee for each additional classification applied for
in connection with an original license shall not be more than
seventy-five dollars ($75).
The application fee for each additional classification pursuant to
Section 7059 shall not be more than seventy-five dollars ($75).
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 seventy-five dollars ($75).
(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 one hundred eighty dollars ($180).
(e) The renewal fee for an active license shall not be more than
three hundred sixty dollars ($360).
The renewal fee for an inactive license shall not be more than one
hundred eighty dollars ($180).
(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 seventy-five dollars ($75).
(h) The renewal fee for a home improvement salesperson
registration shall not be more than seventy-five dollars ($75).
(i) The application fee for an asbestos certification examination
shall not be more than seventy-five dollars ($75).
(j) The application fee for a hazardous substance removal or
remedial action certification examination shall not be more than
seventy-five dollars ($75).
(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) This section shall become inoperative on July 1, 2017, and as
of January 1, 2018, is repealed.
SEC. 53. SEC. 37. Section 7137 is
added to the Business and Professions Code, to read:
7137. The board may set fees by regulation. These fees shall be
set according to the following schedule:
(a) (1) The application fee for an original license in a single
classification shall be three hundred thirty dollars ($330) and may
be increased to not more than three hundred seventy-five dollars
($375).
(2) The application fee for each additional classification applied
for in connection with an original license shall not be more than
eighty-five dollars ($85).
(3) The application fee for each additional classification
pursuant to Section 7059 shall be one hundred fifty dollars ($150)
and may be increased to not more than one hundred seventy-five
dollars ($175).
(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 be one
hundred fifty dollars ($150) and may be increased to not more than
one hundred seventy-five dollars ($175).
(5) The application fee to add personnel, other than a qualifying
individual, to an existing license shall be one hundred dollars
($100) and may be increased to not more than one hundred fifteen
dollars ($115).
(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 seventy dollars ($70).
(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 seventy dollars ($70).
(d) The initial license fee for an active or inactive license
shall be two hundred dollars ($200) and may be increased to not more
than two hundred twenty-five dollars ($225).
(e) (1) The renewal fee for an active license shall be four
hundred dollars ($400) and may be increased to not more than four
hundred fifty dollars ($450).
(2) The renewal fee for an inactive license shall be two hundred
dollars ($200) and may be increased to not more than two hundred
twenty-five dollars ($225).
(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
be eighty-three dollars ($83) and may be increased to not more than
ninety-five dollars ($95).
(h) The renewal fee for a home improvement salesperson
registration shall be eighty-three dollars ($83) and may be increased
to not more than ninety-five dollars ($95).
(i) The application fee for an asbestos certification examination
shall be eighty-three dollars ($83) and may be increased to not more
than ninety-five dollars ($95).
(j) The application fee for a hazardous substance removal or
remedial action certification examination shall be eighty-three
dollars ($83) and may be increased to not more than ninety-five
dollars ($95).
(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.
(m) This section shall become operative on July 1, 2017.
SEC. 54. SEC. 38. 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 in the amount of twenty-five
dollars ($25). 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.
(d) This section shall become inoperative on July 1, 2017, and as
of January 1, 2018, is repealed.
SEC. 55. SEC. 39. Section 7153.3 is
added to the Business and Professions Code, 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) (1) 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.
(2) 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.
(d) This section shall become operative on July 1, 2017.
SEC. 56. SEC. 40. 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. 57. SEC. 41. 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. 58. Section 13401 of the Corporations Code
is amended to read:
13401. As used in this part:
(a) "Professional services" means any type of professional
services that may be lawfully rendered only pursuant to a license,
certification, or registration authorized by the Business and
Professions Code, the Chiropractic Act, or the Osteopathic Act.
(b) "Professional corporation" means a corporation organized under
the General Corporation Law or pursuant to subdivision (b) of
Section 13406 that is engaged in rendering professional services in a
single profession, except as otherwise authorized in Section
13401.5, pursuant to a certificate of registration issued by the
governmental agency regulating the profession as herein provided and
that in its practice or business designates itself as a professional
or other corporation as may be required by statute. However, any
professional corporation or foreign professional corporation
rendering professional services by persons duly licensed by the
Medical Board of California, the California Board of Podiatric
Medicine, the Osteopathic Medical Board of California, the Dental
Board of California, the Dental Hygiene Committee of California, the
California State Board of Pharmacy, the Veterinary Medical Board, the
California Architects Board, the Court Reporters Board of
California, the Board of Behavioral Sciences, the Speech-Language
Pathology and Audiology Board, the Board of Registered Nursing, or
the State Board of Optometry shall not be required to obtain a
certificate of registration in order to render those professional
services.
(c) "Foreign professional corporation" means a corporation
organized under the laws of a state of the United States other than
this state that is engaged in a profession of a type for which there
is authorization in the Business and Professions Code for the
performance of professional services by a foreign professional
corporation.
(d) "Licensed person" means any natural person who is duly
licensed under the provisions of the Business and Professions Code,
the Chiropractic Act, or the Osteopathic Act to render the same
professional services as are or will be rendered by the professional
corporation or foreign professional corporation of which he or she
is, or intends to become, an officer, director, shareholder, or
employee.
(e) "Disqualified person" means a licensed person who for any
reason becomes legally disqualified (temporarily or permanently) to
render the professional services that the particular professional
corporation or foreign professional corporation of which he or she is
an officer, director, shareholder, or employee is or was rendering.
SEC. 59. SEC. 42. 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 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) 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 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. 60. SEC. 43. 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 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. 61. SEC. 44. 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.
