Bill Text: CA SB1039 | 2015-2016 | Regular Session | Chaptered
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-Chaptered.html
BILL NUMBER: SB 1039 CHAPTERED
BILL TEXT
CHAPTER 799
FILED WITH SECRETARY OF STATE SEPTEMBER 29, 2016
APPROVED BY GOVERNOR SEPTEMBER 29, 2016
PASSED THE SENATE AUGUST 30, 2016
PASSED THE ASSEMBLY AUGUST 29, 2016
AMENDED IN ASSEMBLY AUGUST 25, 2016
AMENDED IN ASSEMBLY AUGUST 19, 2016
AMENDED IN ASSEMBLY AUGUST 1, 2016
AMENDED IN ASSEMBLY JUNE 30, 2016
AMENDED IN ASSEMBLY JUNE 22, 2016
AMENDED IN SENATE MAY 31, 2016
AMENDED IN SENATE APRIL 21, 2016
AMENDED IN SENATE APRIL 12, 2016
AMENDED IN SENATE APRIL 7, 2016
INTRODUCED BY Senator Hill
FEBRUARY 12, 2016
An act to amend Sections 655, 1944, 2733, 2786.5, 2811, 2811.5,
2815, 2815.5, 2816, 2830.7, 2836.3, 2838.2, 4128.2, 4830, 4999,
4999.2, 8516, and 8518 of, to amend, repeal, and add Sections 4400,
7137, and 7153.3 of, to add Sections 2746.53 and 3030 to, to repeal
Sections 4999.1, 4999.3, 4999.4, and 4999.6 of, and to repeal and add
Sections 2546.9, 2565, 2566, 2566.1, and 4999.5 of, the Business and
Professions Code, to amend Section 1348.8 of the Health and Safety
Code, and to amend Section 10279 of the Insurance Code, relating to
professions and vocations, and making an appropriation therefor.
LEGISLATIVE COUNSEL'S DIGEST
SB 1039, Hill. Professions and vocations.
(1) Existing law requires the Office of Statewide Health Planning
and Development to establish the Health Professions Education
Foundation to, among other things, solicit and receive funds for the
purpose of providing scholarships, as specified.
The bill would state the intent of the Legislature to enact future
legislation that would establish a Dental Corps Scholarship Program,
as specified, to increase the supply of dentists serving in
medically underserved areas.
(2) Existing law, the Dental Practice Act, requires the Dental
Hygiene Committee of California to establish by resolution the amount
of the fees that relate to the licensing of a registered dental
hygienist, a registered dental hygienist in alternative practice, and
a registered dental hygienist in extended functions. Existing law
prohibits the biennial renewal fee from exceeding $160. Existing law
requires these fees to be deposited in the State Dental Hygiene Fund
and makes these moneys subject to appropriation by the Legislature.
This bill would instead prohibit the biennial renewal fee from
exceeding $500.
(3) Existing law makes the State Board of Optometry responsible
for the regulation of nonresident contact lens sellers, registered
dispensing opticians, spectacle lens dispensers, and contact lens
dispensers.
Existing law authorizes the State Board of Optometry to issue a
citation containing an order of abatement, an order to pay an
administrative fine not to exceed $50,000, or both, as specified, for
a violation of a specific section of law governing the permitted
relationship of an optometrist with any registered dispensing
optician or any optical company.
This bill would make that $50,000 limit a limit per investigation.
Existing law establishes regulatory fees for the regulation of
nonresident contact lens sellers, registered dispensing opticians,
spectacle lens dispensers, and contact lens dispensers, including,
but not limited to, an initial registration fee, a renewal fee, and a
delinquency fee. Existing law requires these fees to be deposited in
the Dispensing Opticians Fund and makes these fees available,
subject to appropriation, to the State Board of Optometry.
This bill would establish a specified minimum and maximum
application fee amount for nonresident contact lens sellers,
registered dispensing opticians, and spectacle lens dispensers. The
bill would also establish increased minimum and maximum amounts for
those already established fees. The bill would authorize the State
Board of Optometry to periodically revise and fix these fees, as
specified.
Existing law authorizes the State Board of Optometry to inspect
any premises at which the business of a registered dispensing
optician is colocated with the practice of an optometrist for the
purposes of determining compliance with the aforementioned written
lease agreement provisions.
This bill would authorize the State Board of Optometry at any time
to inspect the premises registered with the board in which optometry
is being practiced or in which spectacle or contact lenses are
fitted or dispensed.
(4) The Nursing Practice Act provides for the licensure and
regulation of nurse practitioners by the Board of Registered Nursing,
which is within the Department of Consumer Affairs, and requires the
board to adopt regulations establishing standards for continuing
education for licensees, as specified. That act requires providers of
continuing education programs approved by the board to make records
of continuing education courses given to registered nurses available
for board inspection. That act also prescribes various fees to be
paid by licensees and applicants for licensure, and requires these
fees to be credited to the Board of Registered Nursing Fund, which is
a continuously appropriated fund as it pertains to fees collected by
the board.
This bill would require that the content of a continuing education
course be based on generally accepted scientific principles. The
bill would also require the board to audit continuing education
providers, at least once every 5 years, to ensure adherence to
regulatory requirements, and to withhold or rescind approval from any
provider that is in violation of regulatory requirements. The bill
would raise specified fees, and would provide for additional fees, to
be paid by licensees and applicants for licensure pursuant to that
act. By increasing fees deposited into a continuously appropriated
fund, this bill would make an appropriation.
(5) The Pharmacy Law provides for the licensure and regulation of
pharmacists by the California State Board of Pharmacy within the
Department of Consumer Affairs. That law prescribes various fees to
be paid by licensees and applicants for licensure, and requires all
fees collected on behalf of the board to be credited to the Pharmacy
Board Contingent Fund, which is a continuously appropriated fund as
it pertains to fees collected by the board.
This bill would, on and after July 1, 2017, modify specified fees
to be paid by licensees and applicants for licensure pursuant to that
act. By increasing fees deposited into a continuously appropriated
fund, this bill would make an appropriation.
(6) The Veterinary Medicine Practice Act provides for the
licensure and regulation of veterinarians by the Veterinary Medical
Board, which is within the Department of Consumer Affairs. Under the
act, it is unlawful and a misdemeanor for any person to practice
veterinary medicine in this state unless he or she holds a valid,
unexpired, and unrevoked license issued by the board, except under
specified circumstances, including regularly licensed veterinarians
in actual consultation from other states, regularly licensed
veterinarians actually called from other states to attend cases in
this state who do not open an office or appoint a place to do
business within the state, or veterinarians employed by the
University of California or the Western University of Health Sciences
while engaged in the performance of specified duties.
This bill would replace those exceptions with an exception for
veterinarians holding a current, valid license in good standing in
another state or country who provide assistance to a California
licensed veterinarian and attend on a specific case, subject to
specified conditions, and an exception for veterinarians called into
the state by a law enforcement agency or animal control agency. By
requiring additional persons to be licensed under the act that were
previously exempt, the bill would expand the definition of an
existing crime and, therefore, would result in a state-mandated local
program.
(7) Existing law requires businesses that employ, or contract or
subcontract with, the full-time equivalent of 5 or more persons
functioning as health care professionals, as defined, whose primary
function is to provide telephone medical advice, that provide
telephone medical advice services to a patient at a California
address to be registered with the Telephone Medical Advice Services
Bureau and further requires telephone medical advice services to
comply with the requirements established by the Department of
Consumer Affairs, as specified.
This bill would discontinue the requirement that those businesses
be registered with the bureau, would instead make the respective
healing arts licensing boards responsible for enforcing those
requirements and any other laws and regulations affecting those
health care professionals licensed in California, and would make
conforming and related changes.
(8) The Contractors' State License Law provides for the licensure
and regulation of contractors by the Contractors' State License Board
within the Department of Consumer Affairs. That law also prescribes
various fees to be paid by licensees and applicants for licensure,
requires the board to set the fees by regulation, and requires fees
and civil penalties received under that law to be deposited in the
Contractors' License Fund, which is a continuously appropriated fund
as it pertains to fees collected by the board.
This bill, on and after July 1, 2017, would raise specified fees,
would instead authorize the board to set the fees by regulation, and
would require the board to establish criteria for the approval of
expedited processing of applications, as specified. By increasing
fees deposited into a continuously appropriated fund, this bill would
make an appropriation.
(9) Existing law provides for the licensure and regulation of
structural pest control operators and registered companies by the
Structural Pest Control Board, which is within the Department of
Consumer Affairs, and requires a licensee to pay a specified license
fee. Existing law makes any violation of those provisions punishable
as a misdemeanor. Existing law places certain requirements on a
registered company or licensee with regards to wood destroying pests
or organisms, including that a registered company or licensee is
prohibited from commencing work on a contract until an inspection has
been made by a licensed Branch 3 field representative or operator,
that the address of each property inspected or upon which work was
completed is required to be reported to the board, as specified, and
that a written inspection report be prepared and delivered to the
person requesting the inspection or his or her agent. Existing law
requires the original inspection report to be submitted to the board
upon demand. Existing law requires that written report to contain
certain information, including a foundation diagram or sketch of the
structure or portions of the structure inspected, and requires the
report, and any contract entered into, to expressly state if a
guarantee for the work is made, and if so, the terms and time period
of the guarantee. Existing law establishes the Structural Pest
Control Fund, which is a continuously appropriated fund as it
pertains to fees collected by the board.
This bill would require the operator who is conducting the
inspection prior to the commencement of work to be employed by a
registered company, except as specified. The bill would not require
the address of an inspection report prepared for use by an attorney
for litigation to be reported to the board or assessed a filing fee.
The bill would require instead that the written inspection report be
prepared and delivered to the person requesting it, the property
owner, or the property owner's designated agent, as specified. The
bill would allow an inspection report to be a complete, limited,
supplemental, or reinspection report, as defined. The bill would
require all inspection reports to be submitted to the board and
maintained with field notes, activity forms, and notices of
completion until one year after the guarantee expires if the
guarantee extends beyond 3 years. The bill would require the
inspection report to clearly list the infested or infected wood
members or parts of the structure identified in the required diagram
or sketch. By placing new requirements on a registered company or
licensee, this bill would expand an existing crime and would,
therefore, impose a state-mandated local program.
Existing law requires a registered company to prepare a notice of
work completed to give to the owner of the property when the work is
completed.
This bill would make this provision applicable only to work
relating to wood destroying pests and organisms.
(10) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Appropriation: 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 655 of the Business and Professions Code is
amended to read:
655. (a) For the purposes of this section, the following terms
have the following meanings:
(1) "Health plan" means a health care service plan licensed
pursuant to the Knox-Keene Health Care Service Plan Act of 1975
(Chapter 2.2 (commencing with Section 1340) of Division 2 of the
Health and Safety Code).
(2) "Optical company" means a person or entity that is engaged in
the manufacture, sale, or distribution to physicians and surgeons,
optometrists, health plans, or dispensing opticians of lenses,
frames, optical supplies, or optometric appliances or devices or
kindred products.
(3) "Optometrist" means a person licensed pursuant to Chapter 7
(commencing with Section 3000) or an optometric corporation, as
described in Section 3160.
(4) "Registered dispensing optician" means a person licensed
pursuant to Chapter 5.5 (commencing with Section 2550).
(5) "Therapeutic ophthalmic product" means lenses or other
products that provide direct treatment of eye disease or visual
rehabilitation for diseased eyes.
(b) No optometrist may have any membership, proprietary interest,
coownership, or any profit-sharing arrangement, either by stock
ownership, interlocking directors, trusteeship, mortgage, or trust
deed, with any registered dispensing optician or any optical company,
except as otherwise permitted under this section.
(c) (1) A registered dispensing optician or an optical company may
operate, own, or have an ownership interest in a health plan so long
as the health plan does not directly employ optometrists to provide
optometric services directly to enrollees of the health plan, and may
directly or indirectly provide products and services to the health
plan or its contracted providers or enrollees or to other
optometrists. For purposes of this section, an optometrist may be
employed by a health plan as a clinical director for the health plan
pursuant to Section 1367.01 of the Health and Safety Code or to
perform services related to utilization management or quality
assurance or other similar related services that do not require the
optometrist to directly provide health care services to enrollees. In
addition, an optometrist serving as a clinical director may not
employ optometrists to provide health care services to enrollees of
the health plan for which the optometrist is serving as clinical
director. For the purposes of this section, the health plan's
utilization management and quality assurance programs that are
consistent with the Knox-Keene Health Care Service Plan Act of 1975
(Chapter 2.2 (commencing with Section 1340) of Division 2 of the
Health and Safety Code) do not constitute providing health care
services to enrollees.
(2) The registered dispensing optician or optical company shall
not interfere with the professional judgment of the optometrist.
(3) The Department of Managed Health Care shall forward to the
State Board of Optometry any complaints received from consumers that
allege that an optometrist violated the Optometry Practice Act
(Chapter 7 (commencing with Section 3000)). The Department of Managed
Health Care and the State Board of Optometry shall enter into an
Inter-Agency Agreement regarding the sharing of information related
to the services provided by an optometrist that may be in violation
of the Optometry Practice Act that the Department of Managed Health
Care encounters in the course of the administration of the Knox-Keene
Health Care Service Plan Act of 1975 (Chapter 2.2 (commencing with
Section 1340) of Division 2 of the Health and Safety Code).
(d) An optometrist, a registered dispensing optician, an optical
company, or a health plan may execute a lease or other written
agreement giving rise to a direct or indirect landlord-tenant
relationship with an optometrist, if all of the following conditions
are contained in a written agreement establishing the landlord-tenant
relationship:
(1) (A) The practice shall be owned by the optometrist and in
every phase be under the optometrist's exclusive control, including
the selection and supervision of optometric staff, the scheduling of
patients, the amount of time the optometrist spends with patients,
fees charged for optometric products and services, the examination
procedures and treatment provided to patients and the optometrist's
contracting with managed care organizations.
(B) Subparagraph (A) shall not preclude a lease from including
commercially reasonable terms that: (i) require the provision of
optometric services at the leased space during certain days and
hours, (ii) restrict the leased space from being used for the sale or
offer for sale of spectacles, frames, lenses, contact lenses, or
other ophthalmic products, except that the optometrist shall be
permitted to sell therapeutic ophthalmic products if the registered
dispensing optician, health plan, or optical company located on or
adjacent to the optometrist's leased space does not offer any
substantially similar therapeutic ophthalmic products for sale, (iii)
require the optometrist to contract with a health plan network,
health plan, or health insurer, or (iv) permit the landlord to
directly or indirectly provide furnishings and equipment in the
leased space.
(2) The optometrist's records shall be the sole property of the
optometrist. Only the optometrist and those persons with written
authorization from the optometrist shall have access to the patient
records and the examination room, except as otherwise provided by
law.
(3) The optometrist's leased space shall be definite and distinct
from space occupied by other occupants of the premises, have a sign
designating that the leased space is occupied by an independent
optometrist or optometrists and be accessible to the optometrist
after hours or in the case of an emergency, subject to the facility's
general accessibility. This paragraph shall not require a separate
entrance to the optometrist's leased space.
(4) All signs and displays shall be separate and distinct from
that of the other occupants and shall have the optometrist's name and
the word "optometrist" prominently displayed in connection
therewith. This paragraph shall not prohibit the optometrist from
advertising the optometrist's practice location with reference to
other occupants or prohibit the optometrist or registered dispensing
optician from advertising their participation in any health plan's
network or the health plan's products in which the optometrist or
registered dispensing optician participates.
(5) There shall be no signs displayed on any part of the premises
or in any advertising indicating that the optometrist is employed or
controlled by the registered dispensing optician, health plan or
optical company.
(6) Except for a statement that an independent doctor of optometry
is located in the leased space, in-store pricing signs and as
otherwise permitted by this subdivision, the registered dispensing
optician or optical company shall not link its advertising with the
optometrist's name, practice, or fees.
(7) Notwithstanding paragraphs (4) and (6), this subdivision shall
not preclude a health plan from advertising its health plan products
and associated premium costs and any copayments, coinsurance,
deductibles, or other forms of cost sharing, or the names and
locations of the health plan's providers, including any optometrists
or registered dispensing opticians that provide professional
services, in compliance with the Knox-Keene Health Care Service Plan
Act of 1975 (Chapter 2.2 (commencing with Section 1340) of Division 2
of the Health and Safety Code).
(8) A health plan that advertises its products and services in
accordance with paragraph (7) shall not advertise the optometrist's
fees for products and services that are not included in the health
plan's contract with the optometrist.
(9) The optometrist shall not be precluded from collecting fees
for services that are not included in a health plan's products and
services, subject to any patient disclosure requirements contained in
the health plan's provider agreement with the optometrist or that
are not otherwise prohibited by the Knox-Keene Health Care Service
Plan Act of 1975 (Chapter 2.2 (commencing with Section 1340) of
Division 2 of the Health and Safety Code).
(10) The term of the lease shall be no less than one year and
shall not require the optometrist to contract exclusively with a
health plan. The optometrist may terminate the lease according to the
terms of the lease. The landlord may terminate the lease for the
following reasons:
(A) The optometrist's failure to maintain a license to practice
optometry or the imposition of restrictions, suspension or revocation
of the optometrist's license or if the optometrist or the
optometrist's employee is or becomes ineligible to participate in
state or federal government-funded programs.
(B) Termination of any underlying lease where the optometrist has
subleased space, or the optometrist's failure to comply with the
underlying lease provisions that are made applicable to the
optometrist.
(C) If the health plan is the landlord, the termination of the
provider agreement between the health plan and the optometrist, in
accordance with the Knox-Keene Health Care Service Plan Act of 1975
(Chapter 2.2 (commencing with Section 1340) of Division 2 of the
Health and Safety Code).
(D) Other reasons pursuant to the terms of the lease or permitted
under the Civil Code.
(11) The landlord shall act in good faith in terminating the lease
and in no case shall the landlord terminate the lease for reasons
that constitute interference with the practice of optometry.
(12) Lease or rent terms and payments shall not be based on number
of eye exams performed, prescriptions written, patient referrals or
the sale or promotion of the products of a registered dispensing
optician or an optical company.
(13) The landlord shall not terminate the lease solely because of
a report, complaint, or allegation filed by the optometrist against
the landlord, a registered dispensing optician or a health plan, to
the State Board of Optometry or the Department of Managed Health Care
or any law enforcement or regulatory agency.
(14) The landlord shall provide the optometrist with written
notice of the scheduled expiration date of a lease at least 60 days
prior to the scheduled expiration date. This notice obligation shall
not affect the ability of either party to terminate the lease
pursuant to this section. The landlord may not interfere with an
outgoing optometrist's efforts to inform the optometrist's patients,
in accordance with customary practice and professional obligations,
of the relocation of the optometrist's practice.
(15) The State Board of Optometry may inspect, upon request, an
individual lease agreement pursuant to its investigational authority,
and if such a request is made, the landlord or tenant, as
applicable, shall promptly comply with the request. Failure or
refusal to comply with the request for lease agreements within 30
days of receiving the request constitutes unprofessional conduct and
is grounds for disciplinary action by the appropriate regulatory
agency. This section shall not affect the Department of Managed
Health Care's authority to inspect all books and records of a health
plan pursuant to Section 1381 of the Health and Safety Code.
Any financial information contained in the lease submitted to a
regulatory entity, pursuant to this paragraph, shall be considered
confidential trade secret information that is exempt from disclosure
under the California Public Records Act (Chapter 3.5 (commencing with
Section 6250) of Division 7 of Title 1 of the Government Code).
(16) This subdivision shall not be applicable to the relationship
between any optometrist employee and the employer medical group, or
the relationship between a medical group exclusively contracted with
a health plan regulated by the Department of Managed Health Care and
that health plan.
(e) No registered dispensing optician may have any membership,
proprietary interest, coownership, or profit-sharing arrangement
either by stock ownership, interlocking directors, trusteeship,
mortgage, or trust deed, with an optometrist, except as permitted
under this section.
(f) Nothing in this section shall prohibit a person licensed under
Chapter 5 (commencing with Section 2000) or its professional
corporation from contracting with or employing optometrists,
ophthalmologists, or optometric assistants and entering into a
contract or landlord tenant relationship with a health plan, an
optical company, or a registered dispensing optician, in accordance
with Sections 650 and 654 of this code.
(g) Any violation of this section constitutes a misdemeanor as to
such person licensed under Chapter 7 (commencing with Section 3000)
of this division and as to any and all persons, whether or not so
licensed under this division, who participate with such licensed
person in a violation of any provision of this section.
(h) (1) Notwithstanding any other law and in addition to any
action available to the State Board of Optometry, the State Board of
Optometry may issue a citation containing an order of abatement, an
order to pay an administrative fine, or both, to an optical company,
an optometrist, or a registered dispensing optician for a violation
of this section. The administrative fine shall not exceed fifty
thousand dollars ($50,000) per investigation. In assessing the amount
of the fine, the board shall give due consideration to all of the
following:
(A) The gravity of the violation.
(B) The good faith of the cited person or entity.
(C) The history of previous violations of the same or similar
nature.
(D) Evidence that the violation was or was not willful.
(E) The extent to which the cited person or entity has cooperated
with the board's investigation.
(F) The extent to which the cited person or entity has mitigated
or attempted to mitigate any damage or injury caused by the
violation.
(G) Any other factors as justice may require.
(2) A citation or fine assessment issued pursuant to a citation
shall inform the cited person or entity that if a hearing is desired
to contest the finding of a violation, that hearing shall be
requested by written notice to the board within 30 days of the date
of issuance of the citation or assessment. If a hearing is not
requested pursuant to this section, payment of any fine shall not
constitute an admission of the violation charged. Hearings shall be
held pursuant to Chapter 5 (commencing with Section 11500) of Part 1
of Division 3 of Title 2 of the Government Code.
(3) The board shall adopt regulations to implement a system for
the issuance of citations, administrative fines, and orders of
abatement authorized by this section. The regulations shall include
provisions for both of the following:
(A) The issuance of a citation without an administrative fine.
(B) The opportunity for a cited person or entity to have an
informal conference with the executive officer of the board in
addition to the hearing described in paragraph (2).
(4) The failure of a licensee to pay a fine within 30 days of the
date of assessment, unless the citation is being appealed, may result
in disciplinary action being taken by the board. Where a citation is
not contested and a fine is not paid, the full amount of the
assessed fine shall be added to the fee for renewal of the license. A
license shall not be renewed without payment of the renewal fee and
fine.
(5) Notwithstanding any other law, if a fine is paid to satisfy an
assessment based on the finding of a violation, payment of the fine
shall be represented as satisfactory resolution of the matter for
purposes of public disclosure.
(i) Administrative fines collected pursuant to this section shall
be deposited in the Dispensing Opticians Fund. It is the intent of
the Legislature that moneys collected as fines and deposited in the
fund be used by the board primarily for enforcement purposes.
SEC. 3. 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. 4. Section 2546.9 of the Business and Professions Code is
repealed.
SEC. 5. 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. 6. Section 2565 of the Business and Professions Code is
repealed.
SEC. 7. 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. 8. Section 2566 of the Business and Professions Code is
repealed.
SEC. 9. 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. 10. Section 2566.1 of the Business and Professions Code is
repealed.
SEC. 11. 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. 12. Section 2733 of the Business and Professions Code is
amended to read:
2733. (a) (1) (A) Upon approval of an application filed pursuant
to subdivision (b) of Section 2732.1, and upon the payment of the fee
prescribed by subdivision (k) of Section 2815, the board may issue a
temporary license to practice professional nursing, and a temporary
certificate to practice as a certified public health nurse for a
period of six months from the date of issuance.
(B)
Upon approval of an application filed pursuant to subdivision (b) of
Section 2732.1, and upon the payment of the fee prescribed by
subdivision (d) of Section 2838.2, the board may issue a temporary
certificate to practice as a certified clinical nurse specialist for
a period of six months from the date of issuance.
(C) Upon approval of an application filed pursuant to subdivision
(b) of Section 2732.1, and upon the payment of the fee prescribed by
subdivision (e) of Section 2815.5, the board may issue a temporary
certificate to practice as a certified nurse-midwife for a period of
six months from the date of issuance.
(D) Upon approval of an application filed pursuant to subdivision
(b) of Section 2732.1, and upon the payment of the fee prescribed by
subdivision (d) of Section 2830.7, the board may issue a temporary
certificate to practice as a certified nurse anesthetist for a period
of six months from the date of issuance.
(E) Upon approval of an application filed pursuant to subdivision
(b) of Section 2732.1, and upon the payment of the fee prescribed by
subdivision (p) of Section 2815, the board may issue a temporary
certificate to practice as a certified nurse practitioner for a
period of six months from the date of issuance.
(2) A temporary license or temporary certificate shall terminate
upon notice thereof by certified mail, return receipt requested, if
it is issued by mistake or if the application for permanent licensure
is denied.
(b) Upon written application, the board may reissue a temporary
license or temporary certificate to any person who has applied for a
regular renewable license pursuant to subdivision (b) of Section
2732.1 and who, in the judgment of the board has been excusably
delayed in completing his or her application for or the minimum
requirements for a regular renewable license, but the board may not
reissue a temporary license or temporary certificate more than twice
to any one person.
SEC. 13. Section 2746.53 is added to the Business and Professions
Code, to read:
2746.53. The board may charge the applicant a fee to cover all
necessary costs to implement Section 2746.51, 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).
SEC. 14. Section 2786.5 of the Business and Professions Code is
amended to read:
2786.5. (a) An institution of higher education or a private
postsecondary school of nursing approved by the board pursuant to
subdivision (b) of Section 2786 shall remit to the board for deposit
in the Board of Registered Nursing Fund the following fees, in
accordance with the following schedule:
(1) The fee for approval of a school of nursing shall be fixed by
the board at not less than forty thousand dollars ($40,000) nor more
than eighty thousand dollars ($80,000).
(2) The fee for continuing approval of a nursing program
established after January 1, 2013, shall be fixed by the board at not
less than fifteen thousand dollars ($15,000) nor more than thirty
thousand dollars ($30,000).
(3) The processing fee for authorization of a substantive change
to an approval of a school of nursing shall be fixed by the board at
not less than two thousand five hundred dollars ($2,500) nor more
than five thousand dollars ($5,000).
(b) If the board determines that the annual cost of providing
oversight and review of a school of nursing, as required by this
article, is less than the amount of any fees required to be paid by
that institution pursuant to this article, the board may decrease the
fees applicable to that institution to an amount that is
proportional to the board's costs associated with that institution.
SEC. 15. Section 2811 of the Business and Professions Code is
amended to read:
2811. (a) Each person holding a regular renewable license under
this chapter, whether in an active or inactive status, shall apply
for a renewal of his 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. 16. Section 2811.5 of the Business and Professions Code is
amended to read:
2811.5. (a) Each person renewing his or her license under Section
2811 shall submit proof satisfactory to the board that, during the
preceding two-year period, he or she has been informed of the
developments in the registered nurse field or in any special area of
practice engaged in by the licensee, occurring since the last renewal
thereof, either by pursuing a course or courses of continuing
education in the registered nurse field or relevant to the practice
of the licensee, and approved by the board, or by other means deemed
equivalent by the board.
(b) For purposes of this section, the board shall, by regulation,
establish standards for continuing education. The standards shall be
established in a manner to ensure that a variety of alternative forms
of continuing education are available to licensees, including, but
not limited to, academic studies, in-service education, institutes,
seminars, lectures, conferences, workshops, extension studies, and
home study programs. The standards shall take cognizance of
specialized areas of practice, and content shall be relevant to the
practice of nursing and shall be related to the scientific knowledge
or technical skills required for the practice of nursing or be
related to direct or indirect patient or client care. The continuing
education standards established by the board shall not exceed 30
hours of direct participation in a course or courses approved by the
board, or its equivalent in the units of measure adopted by the
board.
(c) The board shall audit continuing education providers at least
once every five years to ensure adherence to regulatory requirements,
and shall withhold or rescind approval from any provider that is in
violation of the regulatory requirements.
(d) The board shall encourage continuing education in spousal or
partner abuse detection and treatment. In the event the board
establishes a requirement for continuing education coursework in
spousal or partner abuse detection or treatment, that requirement
shall be met by each licensee within no more than four years from the
date the requirement is imposed.
(e) In establishing standards for continuing education, the board
shall consider including a course in the special care needs of
individuals and their families facing end-of-life issues, including,
but not limited to, all of the following:
(1) Pain and symptom management.
(2) The psycho-social dynamics of death.
(3) Dying and bereavement.
(4) Hospice care.
(f) In establishing standards for continuing education, the board
may include a course on pain management.
(g) This section shall not apply to licensees during the first two
years immediately following their initial licensure in California or
any other governmental jurisdiction.
(h) The board may, in accordance with the intent of this section,
make exceptions from continuing education requirements for licensees
residing in another state or country, or for reasons of health,
military service, or other good cause.
SEC. 17. Section 2815 of the Business and Professions Code is
amended to read:
2815. Subject to the provisions of Section 128.5, the amount of
the fees prescribed by this chapter in connection with the issuance
of licenses for registered nurses under its provisions is that fixed
by the following schedule:
(a) (1) The fee to be paid upon the filing by a graduate of an
approved school of nursing in this state of an application for a
licensure by examination shall be fixed by the board at not less than
three hundred dollars ($300) nor more than one thousand dollars
($1,000).
(2) The fee to be paid upon the filing by a graduate of a school
of nursing in another state, district, or territory of the United
States of an application for a licensure by examination shall be
fixed by the board at not less than three hundred fifty dollars
($350) nor more than one thousand dollars ($1,000).
(3) The fee to be paid upon the filing by a graduate of a school
of nursing in another country of an application for a licensure by
examination shall be fixed by the board at not less than seven
hundred fifty dollars ($750) nor more than one thousand five hundred
dollars ($1,500).
(4) The fee to be paid upon the filing of an application for
licensure by a repeat examination shall be fixed by the board at not
less than two hundred fifty dollars ($250) and not more than one
thousand dollars ($1,000).
(b) The fee to be paid for taking each examination shall be the
actual cost to purchase an examination from a vendor approved by the
board.
(c) (1) The fee to be paid for application by a person who is
licensed or registered as a nurse in another state, district, or
territory of the United States for licensure by endorsement shall be
fixed by the board at not less than three hundred fifty dollars
($350) nor more than one thousand dollars ($1,000).
(2) The fee to be paid for application by a person who is licensed
or registered as a nurse in another country for licensure by
endorsement shall be fixed by the board at not less than seven
hundred fifty dollars ($750) nor more than one thousand five hundred
dollars ($1,500).
(d) (1) The biennial fee to be paid upon the filing of an
application for renewal of the license shall be not less than one
hundred eighty dollars ($180) nor more than seven hundred fifty
dollars ($750). In addition, an assessment of ten dollars ($10) shall
be collected and credited to the Registered Nurse Education Fund,
pursuant to Section 2815.1.
(2) The fee to be paid upon the filing of an application for
reinstatement pursuant to subdivision (b) of Section 2811 shall be
not less than three hundred fifty dollars ($350) nor more than one
thousand dollars ($1,000).
(e) The penalty fee for failure to renew a license within the
prescribed time shall be fixed by the board at not more than 50
percent of the regular renewal fee, but not less than ninety dollars
($90) nor more than three hundred seventy-five dollars ($375).
(f) The fee to be paid for approval of a continuing education
provider shall be fixed by the board at not less than five hundred
dollars ($500) nor more than one thousand dollars ($1,000).
(g) The biennial fee to be paid upon the filing of an application
for renewal of provider approval shall be fixed by the board at not
less than seven hundred fifty dollars ($750) nor more than one
thousand dollars ($1,000).
(h) The penalty fee for failure to renew provider approval within
the prescribed time shall be fixed at not more than 50 percent of the
regular renewal fee, but not less than one hundred twenty-five
dollars ($125) nor more than five hundred dollars ($500).
(i) The penalty for submitting insufficient funds or fictitious
check, draft or order on any bank or depository for payment of any
fee to the board shall be fixed at not less than fifteen dollars
($15) nor more than thirty dollars ($30).
(j) The fee to be paid for an interim permit shall be fixed by the
board at not less than one hundred dollars ($100) nor more than two
hundred fifty dollars ($250).
(k) The fee to be paid for a temporary license shall be fixed by
the board at not less than one hundred dollars ($100) nor more than
two hundred fifty dollars ($250).
( l ) The fee to be paid for processing endorsement
papers to other states shall be fixed by the board at not less than
one hundred dollars ($100) nor more than two hundred dollars ($200).
(m) The fee to be paid for a certified copy of a school transcript
shall be fixed by the board at not less than fifty dollars ($50) nor
more than one hundred dollars ($100).
(n) (1) The fee to be paid for a duplicate pocket license shall be
fixed by the board at not less than fifty dollars ($50) nor more
than seventy-five dollars ($75).
(2) The fee to be paid for a duplicate wall certificate shall be
fixed by the board at not less than sixty dollars ($60) nor more than
one hundred dollars ($100).
(o) (1) The fee to be paid by a registered nurse for an evaluation
of his or her qualifications to use the title "nurse practitioner"
shall be fixed by the board at not less than five hundred dollars
($500) nor more than one thousand five hundred dollars ($1,500).
(2) The fee to be paid by a registered nurse for a temporary
certificate to practice as a nurse practitioner shall be fixed by the
board at not less than one hundred fifty dollars ($150) nor more
than five hundred dollars ($500).
(3) The fee to be paid upon the filing of an application for
renewal of a certificate to practice as a nurse practitioner shall be
not less than one hundred fifty dollars ($150) nor more than one
thousand dollars ($1,000).
(4) The penalty fee for failure to renew a certificate to practice
as a nurse practitioner within the prescribed time shall be not less
than seventy-five dollars ($75) nor more than five hundred dollars
($500).
(p) The fee to be paid by a registered nurse for listing as a
"psychiatric mental health nurse" shall be fixed by the board at not
less than three hundred fifty dollars ($350) nor more than seven
hundred fifty dollars ($750).
(q) The fee to be paid for duplicate National Council Licensure
Examination for registered nurses (NCLEX-RN) examination results
shall be not less than sixty dollars ($60) nor more than one hundred
dollars ($100).
(r) The fee to be paid for a letter certifying a license shall be
not less than twenty dollars ($20) nor more than thirty dollars
($30).
No further fee shall be required for a license or a renewal
thereof other than as prescribed by this chapter.
SEC. 18. Section 2815.5 of the Business and Professions Code is
amended to read:
2815.5. The amount of the fees prescribed by this chapter in
connection with the issuance of certificates as nurse-midwives is
that fixed by the following schedule:
(a) The fee to be paid upon the filing of an application for a
certificate shall be fixed by the board at not less than five hundred
dollars ($500) nor more than one thousand five hundred dollars
($1,500).
(b) The biennial fee to be paid upon the application for a renewal
of a certificate shall be fixed by the board at not less than one
hundred fifty dollars ($150) nor more than one thousand dollars
($1,000).
(c) The penalty fee for failure to renew a certificate within the
prescribed time shall be 50 percent of the renewal fee in effect on
the date of the renewal of the license, but not less than
seventy-five dollars ($75) nor more than five hundred dollars ($500).
(d) The fee to be paid upon the filing of an application for the
nurse-midwife equivalency examination shall be fixed by the board at
not less than one hundred dollars ($100) nor more than two hundred
dollars ($200).
(e) The fee to be paid for a temporary certificate shall be fixed
by the board at not less than one hundred fifty dollars ($150) nor
more than five hundred dollars ($500).
SEC. 19. Section 2816 of the Business and Professions Code is
amended to read:
2816. The nonrefundable fee to be paid by a registered nurse for
an evaluation of his or her qualifications to use the title "public
health nurse" shall be equal to the fees set out in subdivision (o)
of Section 2815. The fee to be paid upon the application for renewal
of the certificate to practice as a public health nurse shall be
fixed by the board at not less than one hundred twenty-five dollars
($125) and not more than five hundred dollars ($500). All fees
payable under this section shall be collected by and paid to the
Registered Nursing Fund. It is the intention of the Legislature that
the costs of carrying out the purposes of this article shall be
covered by the revenue collected pursuant to this section.
SEC. 20. Section 2830.7 of the Business and Professions Code is
amended to read:
2830.7. The amount of the fees prescribed by this chapter in
connection with the issuance of certificates as nurse anesthetists is
that fixed by the following schedule:
(a) The fee to be paid upon the filing of an application for a
certificate shall be fixed by the board at not less than five hundred
dollars ($500) nor more than one thousand five hundred dollars
($1,500).
(b) The biennial fee to be paid upon the application for a renewal
of a certificate shall be fixed by the board at not less than one
hundred fifty dollars ($150) nor more than one thousand dollars
($1,000).
(c) The penalty fee for failure to renew a certificate within the
prescribed time shall be 50 percent of the renewal fee in effect on
the date of the renewal of the license, but not less than
seventy-five dollars ($75) nor more than five hundred dollars ($500).
(d) The fee to be paid for a temporary certificate shall be fixed
by the board at not less than one hundred fifty dollars ($150) nor
more than five hundred dollars ($500).
SEC. 21. Section 2836.3 of the Business and Professions Code is
amended to read:
2836.3. (a) The furnishing of drugs or devices by nurse
practitioners is conditional on issuance by the board of a number to
the nurse applicant who has successfully completed the requirements
of subdivision (g) of Section 2836.1. The number shall be included on
all transmittals of orders for drugs or devices by the nurse
practitioner. The board shall make the list of numbers issued
available to the Board of Pharmacy. The board may charge the
applicant a fee to cover all necessary costs to implement this
section, that shall be not less than four hundred dollars ($400) nor
more than one thousand five hundred dollars ($1,500) for an initial
application, nor less than one hundred fifty dollars ($150) nor more
than one thousand dollars ($1,000) for an application for renewal.
The board may charge a penalty fee for failure to renew a furnishing
number within the prescribed time that shall be not less than
seventy-five dollars ($75) nor more than five hundred dollars ($500).
(b) The number shall be renewable at the time of the applicant's
registered nurse license renewal.
(c) The board may revoke, suspend, or deny issuance of the numbers
for incompetence or gross negligence in the performance of functions
specified in Sections 2836.1 and 2836.2.
SEC. 22. Section 2838.2 of the Business and Professions Code is
amended to read:
2838.2. (a) A clinical nurse specialist is a registered nurse
with advanced education, who participates in expert clinical
practice, education, research, consultation, and clinical leadership
as the major components of his or her role.
(b) The board may establish categories of clinical nurse
specialists and the standards required to be met for nurses to hold
themselves out as clinical nurse specialists in each category. The
standards shall take into account the types of advanced levels of
nursing practice that are or may be performed and the clinical and
didactic education, experience, or both needed to practice safety at
those levels. In setting the standards, the board shall consult with
clinical nurse specialists, physicians and surgeons appointed by the
Medical Board of California 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. 23. Section 3030 is added to the Business and Professions
Code, to read:
3030. The board may at any time inspect the premises in which
optometry is being practiced or in which spectacle or contact lenses
are fitted or dispensed. The board's inspection authority does not
extend to premises that are not registered with the board. Nothing in
this section shall be construed to affect the board's ability to
investigate alleged unlicensed activity or to inspect premises for
which registration has lapsed or is delinquent.
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. 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. 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 an outsourcing facility license
shall be two thousand two hundred seventy dollars ($2,270) and may be
increased to up to three thousand one hundred eighty dollars
($3,180) by the board. The fee for the renewal of an outsourcing
facility license shall be one thousand three hundred twenty-five
dollars ($1,325) and may be increased to up to one thousand eight
hundred fifty-five dollars ($1,855) by the board. The fee for a
temporary outsourcing facility license shall be seven hundred fifteen
dollars ($715).
(x) The fee for the issuance of a nonresident outsourcing facility
license shall be two thousand three hundred eighty dollars ($2,380)
and may be increased to up to three thousand three hundred
thirty-five dollars ($3,335) by the board. The fee for the renewal of
a nonresident outsourcing facility license shall be two thousand two
hundred seventy dollars ($2,270) and may be increased to up to three
thousand one hundred eighty dollars ($3,180) by the board. In
addition to paying that application fee, the nonresident outsourcing
facility 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
4129.2. 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.
(y) 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).
(z) This section shall become operative on July 1, 2017.
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) 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.
(5) 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.
(6) 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. 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. 29. Section 4999.1 of the Business and Professions Code is
repealed.
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. 31. Section 4999.3 of the Business and Professions Code is
repealed.
SEC. 32. Section 4999.4 of the Business and Professions Code is
repealed.
SEC. 33. Section 4999.5 of the Business and Professions Code is
repealed.
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. 35. Section 4999.6 of the Business and Professions Code is
repealed.
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. 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. 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. 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. 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. 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. 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. 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. 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.
