Business and Professions Code — Part 16 | BPC — United States — California law | Esheria

Business and Professions Code

Part 16 of 52 · provisions 3,001–3,200

This section says the act is called the Business and Professions Code.

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About this statute

This part may be cited as the Real Estate Law. This section says chapter definitions apply only to this part, unless the text says otherwise. “Commissioner” means the Real Estate Commissioner. “Department” means the Department of Real Estate in the Business and Consumer Services Agency. This section says certain references like “bureau” and “Real Estate Division” mean the Department of Real Estate, and it states the section becomes operative on July 1, 2018.

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Provisions of Business and Professions Code

Showing 200 of 10,364

  1. 20022.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5.5. Franchise Relations [20000 - 20044] ( Chapter 5.5 added by Stats. 1980, Ch. 1355, Sec. 1. ) ## ARTICLE 3. Termination [20020 - 20022] ( Article 3 added by Stats. 1980, Ch. 1355, Sec. 1. )

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    After a lawful franchise termination or nonrenewal, the franchisor must buy specified franchise-related inventory and equipment from the franchisee, unless a listed exception applies.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5.5. Franchise Relations [20000 - 20044] ( Chapter 5.5 added by Stats. 1980, Ch. 1355, Sec. 1. ) ## ARTICLE 3. Termination [20020 - 20022] ( Article 3 added by Stats. 1980, Ch. 1355, Sec. 1. ) ## 20022. (a) Except as provided in this section, upon a lawful termination or nonrenewal of a franchisee, the franchisor shall purchase from the franchisee, at the value of price paid, minus depreciation, all inventory, supplies, equipment, fixtures, and furnishings purchased or paid for under the terms of the franchise agreement or any ancillary or collateral agreement by the franchisee to the franchisor or its approved suppliers and sources, that are, at the time of the notice of termination or nonrenewal, in the possession of the franchisee or used by the franchisee in the franchise business. The franchisor shall have the right to receive clear title to and possession of all items purchased from the franchisee under this section. (b) This section shall not require the franchisor to purchase any personalized items, inventory, supplies, equipment, fixtures, or furnishings not reasonably required to conduct the operation of the franchise business in accordance with the franchise agreement or any ancillary or collateral agreement or to which the franchisee, at the cessation of operation of the franchise business by the franchisee, cannot lawfully, or does not, grant the franchisor clear title and possession upon the franchisor’s payment to the franchisee for the inventory, supplies, equipment, fixtures, or furnishings. (c) This section shall not apply when the franchisee declines a bona fide offer of renewal from the franchisor. (d) This section shall not apply if the franchisor does not prevent the franchisee from retaining control of the principal place of the franchise business. (e) This section shall not apply to any termination or nonrenewal of a franchise due to a publicly announced and nondiscriminatory decision by the franchisor to completely withdraw from all franchise activity within the relevant geographic market area in which the franchise is located. For the purpose of this section “relevant geographic market area” shall have the same meaning as in Section 20999. (f) This section shall not apply if the franchisor and franchisee mutually agree in writing to terminate or not renew the franchise. (g) This section shall not apply to any inventory, supplies, equipment, fixtures, or furnishings that are sold by the franchisee between the date of the notice of termination or nonrenewal, and the cessation of operation of the franchise business, by the franchisee, pursuant to the termination or nonrenewal. (h) Upon the termination or nonrenewal of a franchise, a franchisor may offset against the amounts owed to a franchisee under this section any amounts owed by the franchisee to the franchisor, provided the franchisee agrees to the amount owed or the franchisor has received a final adjudication of any amounts owed. (Amended by Stats. 2022, Ch. 728, Sec. 2. (AB 676) Effective January 1, 2023.)
  2. 20025.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5.5. Franchise Relations [20000 - 20044] ( Chapter 5.5 added by Stats. 1980, Ch. 1355, Sec. 1. ) ## ARTICLE 4. Nonrenewal [20025 - 20026] ( Article 4 added by Stats. 1980, Ch. 1355, Sec. 1. )

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    A franchisor generally may not refuse to renew a franchise unless it gives at least 180 days’ written notice and satisfies one of the listed exceptions.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5.5. Franchise Relations [20000 - 20044] ( Chapter 5.5 added by Stats. 1980, Ch. 1355, Sec. 1. ) ## ARTICLE 4. Nonrenewal [20025 - 20026] ( Article 4 added by Stats. 1980, Ch. 1355, Sec. 1. ) ## 20025. No franchisor may fail to renew a franchise unless such franchisor provides the franchisee at least 180 days prior written notice of its intention not to renew; and (a) During the 180 days prior to expiration of the franchise the franchisor permits the franchisee to sell his business to a purchaser meeting the franchisor’s then current requirements for granting new franchises, or if the franchisor is not granting a significant number of new franchises, the then current requirements for granting renewal franchises; or (b) (1) The refusal to renew is not for the purpose of converting the franchisee’s business premises to operation by employees or agents of the franchisor for such franchisor’s own account, provided, that nothing in this paragraph shall prohibit a franchisor from exercising a right of first refusal to purchase the franchisee’s business; and (2) Upon expiration of the franchise, the franchisor agrees not to seek to enforce any covenant of the nonrenewed franchisee not to compete with the franchisor or franchisees of the franchisor; or (c) Termination would be permitted pursuant to Section 20020 or 20021; or (d) The franchisee and the franchisor agree not to renew the franchise; or (e) The franchisor withdraws from distributing its products or services through franchises in the geographic market served by the franchisee, provided that: (1) Upon expiration of the franchise, the franchisor agrees not to seek to enforce any covenant of the nonrenewed franchisee not to compete with the franchisor or franchisees of the franchisor; and (2) The failure to renew is not for the purpose of converting the business conducted by the franchisee pursuant to the franchise agreement to operation by employees or agents of the franchisor for such franchisor’s own account; and (3) Where the franchisor determines to sell, transfer, or assign its interest in a marketing premises occupied by a franchisee whose franchise agreement is not renewed pursuant to this paragraph: (A) The franchisor, during the 180-day period after giving notice offers such franchisee a right of first refusal of at least 30 days’ duration of a bona fide offer, made by another to purchase such franchisor’s interest in such premises; or (B) In the case of the sale, transfer, or assignment to another person of the franchisor’s interest in one or more other controlled marketing premises, such other person in good faith offers the franchisee a franchise on substantially the same terms and conditions currently being offered by such other person to other franchisees; or (f) The franchisor and the franchisee fail to agree to changes or additions to the terms and conditions of the franchise agreement, if such changes or additions would result in renewal of the franchise agreement on substantially the same terms and conditions on which the franchisor is then customarily granting renewal franchises, or if the franchisor is not then granting a significant number of renewal franchises, the terms and conditions on which the franchisor is then customarily granting original franchises. The franchisor may give the franchisee written notice of a date which is at least 30 days from the date of such notice, on or before which a proposed written agreement of the terms and conditions of the renewal franchise shall be accepted in writing by the franchisee. Such notice, when given not less than 180 days before the end of the franchise term, may state that in the event of failure of such acceptance by the franchisee, the notice shall be deemed a notice of intention not to renew at the end of the franchise term. (Added by Stats. 1980, Ch. 1355, Sec. 1. Effective October 1, 1980. Operative January 1, 1981, by Sec. 6 of Ch. 1355.)
  3. 20026.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5.5. Franchise Relations [20000 - 20044] ( Chapter 5.5 added by Stats. 1980, Ch. 1355, Sec. 1. ) ## ARTICLE 4. Nonrenewal [20025 - 20026] ( Article 4 added by Stats. 1980, Ch. 1355, Sec. 1. )

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    A franchisor may offer or agree to extend the current franchise term for a limited period before it expires, if needed to meet the notice-of-nonrenewal timing requirement.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5.5. Franchise Relations [20000 - 20044] ( Chapter 5.5 added by Stats. 1980, Ch. 1355, Sec. 1. ) ## ARTICLE 4. Nonrenewal [20025 - 20026] ( Article 4 added by Stats. 1980, Ch. 1355, Sec. 1. ) ## 20026. Nothing in Section 20025 shall prohibit a franchisor from offering or agreeing before expiration of the current franchise term to extend the term of the franchise for a limited period in order to satisfy the time of notice of nonrenewal requirement of that section. (Added by Stats. 1980, Ch. 1355, Sec. 1. Effective October 1, 1980. Operative January 1, 1981, by Sec. 6 of Ch. 1355.)
  4. 20027.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5.5. Franchise Relations [20000 - 20044] ( Chapter 5.5 added by Stats. 1980, Ch. 1355, Sec. 1. ) ## ARTICLE 4.4. Transfers [20027 - 20029] ( Article 4.4 added by Stats. 1983, Ch. 374, Sec. 1. )

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    A franchisor generally cannot stop certain family members or the estate of a deceased franchisee from taking part in ownership for a reasonable time after death, but they must meet current franchise qualifications or transfer the franchise, and the franchisor may still use a right of first refusal after a bona fide offer.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5.5. Franchise Relations [20000 - 20044] ( Chapter 5.5 added by Stats. 1980, Ch. 1355, Sec. 1. ) ## ARTICLE 4.4. Transfers [20027 - 20029] ( Article 4.4 added by Stats. 1983, Ch. 374, Sec. 1. ) ## 20027. (a) No franchisor shall deny the surviving spouse, heirs, or estate of a deceased franchisee or the majority shareholder of the franchisee the opportunity to participate in the ownership of the franchise under a valid franchise agreement for a reasonable time after the death of the franchisee or majority shareholder of the franchisee. During that time the surviving spouse, heirs, or estate of the deceased shall either satisfy all of the then current qualifications for a purchaser of a franchise or sell, transfer, or assign the franchise to a person who satisfies the franchisor’s then current standards for new franchisees. The rights granted pursuant to this section shall be granted subject to the surviving spouse, heirs or estate of the deceased maintaining all standards and obligations of the franchise. (b) Nothing in subdivision (a) shall prohibit a franchisor from exercising the right of first refusal to purchase a franchise after receipt of a bona fide offer to purchase the franchise by a proposed purchaser of the franchise. (c) This article shall not apply to any agreement or contract in effect prior to January 1, 1984, except an agreement or contract of an indefinite duration. This section shall not apply to any bequest or intestate succession that took effect prior to January 1, 1984. (Added by Stats. 1983, Ch. 374, Sec. 1.)
  5. 20028.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5.5. Franchise Relations [20000 - 20044] ( Chapter 5.5 added by Stats. 1980, Ch. 1355, Sec. 1. ) ## ARTICLE 4.4. Transfers [20027 - 20029] ( Article 4.4 added by Stats. 1983, Ch. 374, Sec. 1. )

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    A franchisor generally may not block a franchise sale or transfer if the buyer meets the franchisor’s stated standards and the transfer conditions are met. A franchisee also cannot transfer without the franchisor’s written consent, unless consent is being withheld for the reasons stated in the section. The franchisor may use a contractual right of first refusal, but must match the bona fide offer value.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5.5. Franchise Relations [20000 - 20044] ( Chapter 5.5 added by Stats. 1980, Ch. 1355, Sec. 1. ) ## ARTICLE 4.4. Transfers [20027 - 20029] ( Article 4.4 added by Stats. 1983, Ch. 374, Sec. 1. ) ## 20028. (a) It is unlawful for a franchisor to prevent a franchisee from selling or transferring a franchise, all or substantially all of the assets of the franchise business, or a controlling or noncontrolling interest in the franchise business, to another person provided that the person is qualified under the franchisor’s then-existing standards for the approval of new or renewing franchisees, these standards to be made available to the franchisee, as provided in Section 20029, and to be consistently applied to similarly situated franchisees operating within the franchise brand, and the franchisee and the buyer, transferee, or assignee comply with the transfer conditions specified in the franchise agreement. (b) Notwithstanding subdivision (a), a franchisee shall not have the right to sell, transfer, or assign the franchise, all or substantially all of the assets of the franchise business, or a controlling or noncontrolling interest in the franchise business, without the written consent of the franchisor, except that the consent shall not be withheld unless the buyer, transferee, or assignee does not meet the standards for new or renewing franchisees described in subdivision (a) or the franchisee and the buyer, transferee, or assignee do not comply with the transfer conditions specified in the franchise agreement. (c) This section does not prohibit a franchisor from exercising the contractual right of first refusal to purchase a franchise, all or substantially all of the assets of a franchise business, or a controlling or noncontrolling interest in a franchise business after receipt of a bona fide offer from a proposed purchaser to purchase the franchise, assets, or interest. A franchisor exercising the contractual right of first refusal shall offer the seller payment at least equal to the value offered in the bona fide offer. (d) For the purpose of this section “franchise business” shall include a legal entity that is a party to a franchise agreement. (Added by Stats. 2015, Ch. 776, Sec. 4. (AB 525) Effective January 1, 2016.)
  6. 20029.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5.5. Franchise Relations [20000 - 20044] ( Chapter 5.5 added by Stats. 1980, Ch. 1355, Sec. 1. ) ## ARTICLE 4.4. Transfers [20027 - 20029] ( Article 4.4 added by Stats. 1983, Ch. 374, Sec. 1. )

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    Before selling or transferring a franchise or related ownership interest, the franchisee must notify the franchisor in writing and include specified documents. The franchisor must respond on approval or disapproval within set deadlines and explain any disapproval.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5.5. Franchise Relations [20000 - 20044] ( Chapter 5.5 added by Stats. 1980, Ch. 1355, Sec. 1. ) ## ARTICLE 4.4. Transfers [20027 - 20029] ( Article 4.4 added by Stats. 1983, Ch. 374, Sec. 1. ) ## 20029. (a) The franchisee shall, prior to the sale, assignment, or transfer of a franchise, all or substantially all of the assets of a franchise business, or a controlling or noncontrolling interest in the franchise business, to another person, notify the franchisor, of the franchisee’s intent to sell, transfer, or assign the franchise, all or substantially all of the assets of the franchise business, or the controlling or noncontrolling interest in the franchise business. The notice shall be in writing, delivered to the franchisor by business courier or by receipted mail and include all of the following: (1) The proposed transferee’s name and address. (2) A copy of all agreements related to the sale, assignment, or transfer of the franchise, the assets of the franchise business, or the interest in the franchise business. (3) The proposed transferee’s application for approval to become the successor franchisee. The application shall include all forms, financial disclosures, and related information generally utilized by the franchisor in reviewing prospective new franchisees, if those forms are readily made available to the existing franchisee. If the forms are not readily available, the franchisee shall request and the franchisor shall deliver the forms to the franchisee by business courier or receipted mail within 15 calendar days. As soon as practicable after the receipt of the proposed transferee’s application, the franchisor shall notify, in writing, the franchisee and the proposed transferee of any additional information or documentation necessary to complete the transfer application. If the franchisor’s then-existing standards for the approval of new or renewing franchisees are not readily available to the franchisee when the franchisee notifies the franchisor of the franchisee’s intent to sell, transfer, or assign the franchise, the assets of the franchise business, or the controlling or noncontrolling interest in the franchise business, the franchisor shall communicate the standards to the franchisee within 15 calendar days. (b) (1) The franchisor shall, within 60 days after the receipt of all of the necessary information and documentation required pursuant to subdivision (a), or as specified by written agreement between the franchisor and the franchisee, notify the franchisee of the approval or disapproval of the proposed sale, assignment, or transfer. The notice shall be in writing and shall be delivered to the franchisee by business courier or receipted mail. A proposed sale, assignment, or transfer shall be deemed approved, unless disapproved by the franchisor in the manner provided by this subdivision. If the proposed sale, assignment, or transfer is disapproved, the franchisor shall include in the notice of disapproval a statement setting forth the reasons for the disapproval. (2) In any action in which the franchisor’s disapproval of a sale, assignment, or transfer pursuant to this subdivision is an issue, the reasonableness of the franchisor’s decision shall be a question of fact requiring consideration of all existing circumstances. For purposes of this paragraph, the finder of fact may be an arbitrator specified in the franchise agreement and who satisfies the requirements of Section 20040. Nothing in this paragraph shall prohibit summary judgment when the reasonableness of transfer approval or disapproval can be decided as a matter of law. (3) This section does not require a franchisor to exercise a contractual right of first refusal. (c) This section does not prohibit a franchisor from exercising the contractual right of first refusal to purchase a franchise, all or substantially all of the assets of a franchise business, or a controlling or noncontrolling interest in a franchise business after receipt of a bona fide offer from a proposed purchaser to purchase the franchise, assets, or interest. Any franchisor exercising the contractual right of first refusal shall offer the seller payment at least equal to the value offered in the bona fide offer. (d) For the purpose of this section “franchise business” shall include a legal entity that is a party to a franchise agreement. (Added by Stats. 2015, Ch. 776, Sec. 5. (AB 525) Effective January 1, 2016.)
  7. 20030.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5.5. Franchise Relations [20000 - 20044] ( Chapter 5.5 added by Stats. 1980, Ch. 1355, Sec. 1. ) ## ARTICLE 5. Notices [20030- 20030.] ( Article 5 added by Stats. 1980, Ch. 1355, Sec. 1. )

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    Notices of termination or nonrenewal required by this chapter must be written, delivered by specified methods, and include an intent statement, reasons, and the effective date.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5.5. Franchise Relations [20000 - 20044] ( Chapter 5.5 added by Stats. 1980, Ch. 1355, Sec. 1. ) ## ARTICLE 5. Notices [20030- 20030.] ( Article 5 added by Stats. 1980, Ch. 1355, Sec. 1. ) ## 20030. All notices of termination or nonrenewal required by this chapter: (a) Shall be in writing; (b) Shall be posted by registered, certified or other receipted mail, delivered by telegram or personally delivered to the franchisee; and (c) Shall contain a statement of intent to terminate or not renew the franchise: (1) Together with the reasons therefor, and (2) The effective date of such termination or nonrenewal or expiration. (Added by Stats. 1980, Ch. 1355, Sec. 1. Effective October 1, 1980. Operative January 1, 1981, by Sec. 6 of Ch. 1355.)
  8. 20035.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5.5. Franchise Relations [20000 - 20044] ( Chapter 5.5 added by Stats. 1980, Ch. 1355, Sec. 1. ) ## ARTICLE 6. Remedies [20035 - 20037] ( Heading of Article 6 amended by Stats. 2015, Ch. 776, Sec. 6. )

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    If a franchisor wrongly terminates or fails to renew a franchise, the franchisee can recover fair market value and damages, and a court may issue injunctions.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5.5. Franchise Relations [20000 - 20044] ( Chapter 5.5 added by Stats. 1980, Ch. 1355, Sec. 1. ) ## ARTICLE 6. Remedies [20035 - 20037] ( Heading of Article 6 amended by Stats. 2015, Ch. 776, Sec. 6. ) ## 20035. (a) In the event a franchisor terminates or fails to renew a franchisee, in violation of this chapter, the franchisee shall be entitled to receive from the franchisor the fair market value of the franchised business and franchise assets and any other damages caused by the violation of this chapter. (b) A court may grant preliminary and permanent injunctions for a violation or threatened violation of this chapter. (Repealed and added by Stats. 2015, Ch. 776, Sec. 8. (AB 525) Effective January 1, 2016.)
  9. 20036.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5.5. Franchise Relations [20000 - 20044] ( Chapter 5.5 added by Stats. 1980, Ch. 1355, Sec. 1. ) ## ARTICLE 6. Remedies [20035 - 20037] ( Heading of Article 6 amended by Stats. 2015, Ch. 776, Sec. 6. )

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    The franchisor may offset certain amounts against remedies under Section 20035.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5.5. Franchise Relations [20000 - 20044] ( Chapter 5.5 added by Stats. 1980, Ch. 1355, Sec. 1. ) ## ARTICLE 6. Remedies [20035 - 20037] ( Heading of Article 6 amended by Stats. 2015, Ch. 776, Sec. 6. ) ## 20036. The franchisor may offset against any remedies made pursuant to Section 20035 any prior recovery by the franchisee pursuant to Section 20022 and any sums owed the franchisor or its subsidiaries by the franchisee pursuant to the franchise or any ancillary agreement. (Amended by Stats. 2015, Ch. 776, Sec. 9. (AB 525) Effective January 1, 2016.)
  10. 20037.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5.5. Franchise Relations [20000 - 20044] ( Chapter 5.5 added by Stats. 1980, Ch. 1355, Sec. 1. ) ## ARTICLE 6. Remedies [20035 - 20037] ( Heading of Article 6 amended by Stats. 2015, Ch. 776, Sec. 6. )

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    This section preserves a franchisee’s right to sue under other laws, except where the article expressly says otherwise.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5.5. Franchise Relations [20000 - 20044] ( Chapter 5.5 added by Stats. 1980, Ch. 1355, Sec. 1. ) ## ARTICLE 6. Remedies [20035 - 20037] ( Heading of Article 6 amended by Stats. 2015, Ch. 776, Sec. 6. ) ## 20037. Except as expressly provided herein, nothing in this article shall abrogate the right of a franchisee to sue under any other law. (Added by Stats. 1980, Ch. 1355, Sec. 1. Effective October 1, 1980. Operative January 1, 1981, by Sec. 6 of Ch. 1355.)
  11. 2004.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 1. Administration [2000 - 2028.5] ( Article 1 added by Stats. 1980, Ch. 1313, Sec. 2. )

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    The board has responsibility for enforcing and carrying out disciplinary and licensing-related functions.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 1. Administration [2000 - 2028.5] ( Article 1 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2004. The board shall have the responsibility for the following: (a) The enforcement of the disciplinary and criminal provisions of the Medical Practice Act. (b) The administration and hearing of disciplinary actions. (c) Carrying out disciplinary actions appropriate to findings made by a panel or an administrative law judge. (d) Suspending, revoking, or otherwise limiting certificates after the conclusion of disciplinary actions. (e) Reviewing the quality of medical practice carried out by physician and surgeon certificate holders under the jurisdiction of the board. (f) Approving undergraduate and graduate medical education programs. (g) Approving clinical clerkship and special programs and hospitals for the programs in subdivision (f). (h) Issuing licenses and certificates under the board’s jurisdiction. (i) Administering the board’s continuing medical education program. (Amended by Stats. 2007, Ch. 678, Sec. 4. Effective January 1, 2008.)
  12. 20040.5.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5.5. Franchise Relations [20000 - 20044] ( Chapter 5.5 added by Stats. 1980, Ch. 1355, Sec. 1. ) ## ARTICLE 8. Venue of Disputes [20040.5- 20040.5.] ( Article 8 added by Stats. 1994, Ch. 1277, Sec. 1. )

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    A franchise agreement cannot make venue exclusive in a forum outside the state for covered claims.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5.5. Franchise Relations [20000 - 20044] ( Chapter 5.5 added by Stats. 1980, Ch. 1355, Sec. 1. ) ## ARTICLE 8. Venue of Disputes [20040.5- 20040.5.] ( Article 8 added by Stats. 1994, Ch. 1277, Sec. 1. ) ## 20040.5. A provision in a franchise agreement restricting venue to a forum outside this state is void with respect to any claim arising under or relating to a franchise agreement involving a franchise business operating within this state. (Added by Stats. 1994, Ch. 1277, Sec. 1. Effective January 1, 1995.)
  13. 20041.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5.5. Franchise Relations [20000 - 20044] ( Chapter 5.5 added by Stats. 1980, Ch. 1355, Sec. 1. ) ## ARTICLE 9. Miscellaneous Provisions [20041 - 20044] ( Article 9 heading added by Stats. 1994, Ch. 1277, Sec. 2. )

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    This section limits when the chapter and later amendments apply to franchises and franchise agreements, based on grant, renewal, amendment, and whether the franchise can be terminated without cause.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5.5. Franchise Relations [20000 - 20044] ( Chapter 5.5 added by Stats. 1980, Ch. 1355, Sec. 1. ) ## ARTICLE 9. Miscellaneous Provisions [20041 - 20044] ( Article 9 heading added by Stats. 1994, Ch. 1277, Sec. 2. ) ## 20041. (a) Except as provided in subdivision (b), the provisions of this chapter shall apply only to franchises granted or renewed on or after January 1, 1981, or to franchises of an indefinite duration that may be terminated by the franchisee or franchisor without cause. (b) The amendments to this chapter made by the act adding this subdivision shall apply only to franchise agreements entered into or renewed on or after January 1, 2016, or to franchises of an indefinite duration that may be terminated by the franchisee or franchisor without cause. (c) The amendments to this chapter made by the act adding this subdivision shall apply only to franchise agreements entered into, amended, or renewed on or after January 1, 2023, or to franchises of an indefinite duration that may be terminated by the franchisee or franchisor without cause, except that a franchise agreement amended after January 1, 2023, shall not be subject to the amendments to this chapter made by the act adding this subdivision if the amendment to the franchise agreement was initiated by the franchisee and did not substantially and adversely impact the franchisee’s rights, benefits, privileges, duties, obligations, or responsibilities under the franchise agreement. (Amended by Stats. 2022, Ch. 728, Sec. 3. (AB 676) Effective January 1, 2023.)
  14. 20042.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5.5. Franchise Relations [20000 - 20044] ( Chapter 5.5 added by Stats. 1980, Ch. 1355, Sec. 1. ) ## ARTICLE 9. Miscellaneous Provisions [20041 - 20044] ( Article 9 heading added by Stats. 1994, Ch. 1277, Sec. 2. )

    Verify source ↗

    This section says the chapter does not apply to franchises covered by the Vehicle Code article specified here, where that article provides the sole remedies for those matters.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5.5. Franchise Relations [20000 - 20044] ( Chapter 5.5 added by Stats. 1980, Ch. 1355, Sec. 1. ) ## ARTICLE 9. Miscellaneous Provisions [20041 - 20044] ( Article 9 heading added by Stats. 1994, Ch. 1277, Sec. 2. ) ## 20042. The provisions of this chapter shall not apply to franchises governed by the provisions of Article 4 (commencing with Section 3060) of Chapter 6 of Division 2 of the Vehicle Code which contain the sole remedies for the matters contained therein. (Added by Stats. 1980, Ch. 1355, Sec. 1. Effective October 1, 1980. Operative January 1, 1981, by Sec. 6 of Ch. 1355.)
  15. 20043.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5.5. Franchise Relations [20000 - 20044] ( Chapter 5.5 added by Stats. 1980, Ch. 1355, Sec. 1. ) ## ARTICLE 9. Miscellaneous Provisions [20041 - 20044] ( Article 9 heading added by Stats. 1994, Ch. 1277, Sec. 2. )

    Verify source ↗

    If part of this chapter is invalid, the rest still applies if it can work without the invalid part.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5.5. Franchise Relations [20000 - 20044] ( Chapter 5.5 added by Stats. 1980, Ch. 1355, Sec. 1. ) ## ARTICLE 9. Miscellaneous Provisions [20041 - 20044] ( Article 9 heading added by Stats. 1994, Ch. 1277, Sec. 2. ) ## 20043. If any provision of this chapter or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the chapter which can be given effect without the invalid provision or application, and to this end the provisions of the chapter are severable. (Added by Stats. 1980, Ch. 1355, Sec. 1. Effective October 1, 1980. Operative January 1, 1981, by Sec. 6 of Ch. 1355.)
  16. 20044.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5.5. Franchise Relations [20000 - 20044] ( Chapter 5.5 added by Stats. 1980, Ch. 1355, Sec. 1. ) ## ARTICLE 9. Miscellaneous Provisions [20041 - 20044] ( Article 9 heading added by Stats. 1994, Ch. 1277, Sec. 2. )

    Verify source ↗

    A franchisor must not change a franchise agreement or require a general release in exchange for assistance tied to a declared state or federal emergency.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5.5. Franchise Relations [20000 - 20044] ( Chapter 5.5 added by Stats. 1980, Ch. 1355, Sec. 1. ) ## ARTICLE 9. Miscellaneous Provisions [20041 - 20044] ( Article 9 heading added by Stats. 1994, Ch. 1277, Sec. 2. ) ## 20044. A franchisor is prohibited from modifying a franchise agreement, or requiring a general release, in exchange for any assistance related to a declared state or federal emergency. (Added by Stats. 2022, Ch. 728, Sec. 4. (AB 676) Effective January 1, 2023.)
  17. 2006.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 1. Administration [2000 - 2028.5] ( Article 1 added by Stats. 1980, Ch. 1313, Sec. 2. )

    Verify source ↗

    References in this chapter to a board investigation are treated as joint investigations by DOJ employees and the Health Quality Investigation Unit, and this section becomes operative on July 1, 2014.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 1. Administration [2000 - 2028.5] ( Article 1 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2006. (a) Any reference in this chapter to an investigation by the board shall be deemed to refer to a joint investigation conducted by employees of the Department of Justice and the Health Quality Investigation Unit under the vertical enforcement and prosecution model, as specified in Section 12529.6 of the Government Code. (b) This section shall become operative on July 1, 2014. (Repealed (in Sec. 6) and added by Stats. 2013, Ch. 515, Sec. 7. (SB 304) Effective January 1, 2014. Section operative July 1, 2014, by its own provisions.)
  18. 2007.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 1. Administration [2000 - 2028.5] ( Article 1 added by Stats. 1980, Ch. 1313, Sec. 2. )

    Verify source ↗

    Board members must meet residency and licensing requirements, and some categories of members are barred from appointment or service.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 1. Administration [2000 - 2028.5] ( Article 1 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2007. Members of the board shall only be appointed from persons who have been residents of this state for at least the five-year period preceding their appointment. Members of the board, except the public members, shall only be appointed from persons licensed as physicians and surgeons in this state. No person who in any manner owns any interest in any college, school, or institution engaged in medical instruction shall be appointed to the board. Four of the physician members of the board shall hold faculty appointments in a clinical department of an approved medical school in the state, but not more than four members of the board may hold full-time appointments to the faculties of such medical schools. The public members shall not be licensees of the board. (Amended by Stats. 2023, Ch. 294, Sec. 3. (SB 815) Effective January 1, 2024.)
  19. 2008.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 1. Administration [2000 - 2028.5] ( Article 1 added by Stats. 1980, Ch. 1313, Sec. 2. )

    Verify source ↗

    The board may appoint panels from its members, and any appointed panel must have at least four members, with public members not exceeding licensed physician and surgeon members. Each panel must also elect a chair and vice chair every year.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 1. Administration [2000 - 2028.5] ( Article 1 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2008. The board may appoint panels from its members for the purpose of fulfilling the obligations established in subdivision (c) of Section 2004. Any panel appointed under this section shall at no time be comprised of less than four members and the number of public members assigned to the panel shall not exceed the number of licensed physician and surgeon members assigned to the panel. Each panel shall annually elect a chair and a vice chair. (Amended by Stats. 2017, Ch. 775, Sec. 18. (SB 798) Effective January 1, 2018.)
  20. 201.

    ## Business and Professions Code - BPC ## DIVISION 1. DEPARTMENT OF CONSUMER AFFAIRS [100 - 472.5] ( Heading of Division 1 amended by Stats. 1973, Ch. 77. ) ## CHAPTER 3. Funds of the Department [200 - 211] ( Chapter 3 enacted by Stats. 1937, Ch. 399. )

    Verify source ↗

    The department must file a yearly accounting report and conduct a one-time study of its administrative expense prorating system; the director may levy a pro rata administrative charge only with Finance approval and within appropriation limits.

    ## Business and Professions Code - BPC ## DIVISION 1. DEPARTMENT OF CONSUMER AFFAIRS [100 - 472.5] ( Heading of Division 1 amended by Stats. 1973, Ch. 77. ) ## CHAPTER 3. Funds of the Department [200 - 211] ( Chapter 3 enacted by Stats. 1937, Ch. 399. ) ## 201. (a) (1) A charge for the estimated administrative expenses of the department, not to exceed the available balance in any appropriation for any one fiscal year, may be levied in advance on a pro rata share basis against any of the boards, bureaus, commissions, divisions, and agencies, at the discretion of the director and with the approval of the Department of Finance. (2) The department shall submit a report of the accounting of the pro rata calculation of administrative expenses to the appropriate policy committees of the Legislature on or before July 1, 2015, and on or before July 1 of each subsequent year. (b) The department shall conduct a one-time study of its current system for prorating administrative expenses to determine if that system is the most productive, efficient, and cost-effective manner for the department and the agencies comprising the department. The study shall include consideration of whether some of the administrative services offered by the department should be outsourced or charged on an as-needed basis and whether the agencies should be permitted to elect not to receive and be charged for certain administrative services. The department shall include the findings in its report pursuant to paragraph (2) of subdivision (a) that it is required to submit on or before July 1, 2015. (Amended by Stats. 2014, Ch. 395, Sec. 4. (SB 1243) Effective January 1, 2015.)
  21. 2010.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 1. Administration [2000 - 2028.5] ( Article 1 added by Stats. 1980, Ch. 1313, Sec. 2. )

    Verify source ↗

    Board members are appointed for four-year terms, and vacancies on the board are filled by the appointing power for the remainder of the term.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 1. Administration [2000 - 2028.5] ( Article 1 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2010. Each member of the board shall be appointed for a term of four years. Vacancies occuring on the board shall be filled by appointment of the appointing power for the unexpired term. (Amended by Stats. 1982, Ch. 676, Sec. 3.)
  22. 2011.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 1. Administration [2000 - 2028.5] ( Article 1 added by Stats. 1980, Ch. 1313, Sec. 2. )

    Verify source ↗

    The appointing power may remove a board member for neglect of duty, incompetency, or unprofessional conduct.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 1. Administration [2000 - 2028.5] ( Article 1 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2011. The appointing power may remove any member of the board for neglect of duty required by this chapter, incompetency, or unprofessional conduct. (Amended by Stats. 1982, Ch. 676, Sec. 4.)
  23. 2012.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 1. Administration [2000 - 2028.5] ( Article 1 added by Stats. 1980, Ch. 1313, Sec. 2. )

    Verify source ↗

    The board must elect a president, a vice president, and a secretary from among its members.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 1. Administration [2000 - 2028.5] ( Article 1 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2012. The board shall elect a president, a vice president, and a secretary from its members. (Amended by Stats. 2007, Ch. 678, Sec. 9. Effective January 1, 2008.)
  24. 2013.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 1. Administration [2000 - 2028.5] ( Article 1 added by Stats. 1980, Ch. 1313, Sec. 2. )

    Verify source ↗

    The board and appointed panels may meet as needed. Quorum and voting rules apply for board and panel business and disciplinary decisions.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 1. Administration [2000 - 2028.5] ( Article 1 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2013. (a) The board and a panel appointed under this chapter may convene from time to time as deemed necessary by the board. (b) Four members of a panel of the board shall constitute a quorum for the transaction of business at any meeting of the panel. Eight members shall constitute a quorum for the transaction of business at any board meeting. (c) It shall require the affirmative vote of a majority of those members present at a board or panel meeting, those members constituting at least a quorum, to pass any motion, resolution, or measure. A decision by a panel to discipline a physician and surgeon shall require an affirmative vote, at a meeting or by mail, of a majority of the members of that panel; except that a decision to revoke the certificate of a physician and surgeon shall require the affirmative vote of four members of that panel. (Amended by Stats. 2007, Ch. 678, Sec. 10. Effective January 1, 2008.)
  25. 2014.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 1. Administration [2000 - 2028.5] ( Article 1 added by Stats. 1980, Ch. 1313, Sec. 2. )

    Verify source ↗

    The board must give notice of each meeting in accordance with the Bagley-Keene Open Meeting Act.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 1. Administration [2000 - 2028.5] ( Article 1 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2014. Notice of each meeting of the board shall be given in accordance with the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code). (Amended by Stats. 2007, Ch. 678, Sec. 11. Effective January 1, 2008.)
  26. 2015.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 1. Administration [2000 - 2028.5] ( Article 1 added by Stats. 1980, Ch. 1313, Sec. 2. )

    Verify source ↗

    The president of the board may call meetings of duly appointed board committees or panels at a specified time and place.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 1. Administration [2000 - 2028.5] ( Article 1 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2015. The president of the board may call meetings of any duly appointed and created committee or panel of the board at a specified time and place. (Amended by Stats. 2007, Ch. 678, Sec. 12. Effective January 1, 2008.)
  27. 2015.5.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 1. Administration [2000 - 2028.5] ( Article 1 added by Stats. 1980, Ch. 1313, Sec. 2. )

    Verify source ↗

    The board may create advisory committees made up of qualified certificate holders and public members.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 1. Administration [2000 - 2028.5] ( Article 1 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2015.5. The board may establish advisory committees consisting of persons who have a physician’s and surgeon’s certificate issued by the board that is in good standing and members of the public with interest or knowledge of the subject matter assigned to the committee. Members of an advisory committee need not be members of the board. (Added by Stats. 2006, Ch. 843, Sec. 1. Effective January 1, 2007.)
  28. 2016.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 1. Administration [2000 - 2028.5] ( Article 1 added by Stats. 1980, Ch. 1313, Sec. 2. )

    Verify source ↗

    Board members and committee members must receive per diem and travel expenses under Section 103.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 1. Administration [2000 - 2028.5] ( Article 1 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2016. Each member of the board and its committees shall receive per diem and travel expenses as provided in Section 103. (Added by Stats. 1980, Ch. 1313, Sec. 2.)
  29. 2017.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 1. Administration [2000 - 2028.5] ( Article 1 added by Stats. 1980, Ch. 1313, Sec. 2. )

    Verify source ↗

    The board and each committee or panel must keep an official record of all their proceedings.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 1. Administration [2000 - 2028.5] ( Article 1 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2017. The board and each committee or panel shall keep an official record of all their proceedings. (Amended by Stats. 2007, Ch. 678, Sec. 13. Effective January 1, 2008.)
  30. 2018.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 1. Administration [2000 - 2028.5] ( Article 1 added by Stats. 1980, Ch. 1313, Sec. 2. )

    Verify source ↗

    The board may adopt, amend, or repeal regulations needed to carry out laws relating to the practice of medicine, following the Administrative Procedure Act.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 1. Administration [2000 - 2028.5] ( Article 1 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2018. The board may adopt, amend, or repeal, in accordance with the provisions of the Administrative Procedure Act, those regulations as may be necessary to enable it to carry into effect the provisions of law relating to the practice of medicine. (Amended by Stats. 2007, Ch. 678, Sec. 14. Effective January 1, 2008.)
  31. 2019.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 1. Administration [2000 - 2028.5] ( Article 1 added by Stats. 1980, Ch. 1313, Sec. 2. )

    Verify source ↗

    The board’s office must be in Sacramento, and the board may set up suboffices and temporarily move necessary records there.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 1. Administration [2000 - 2028.5] ( Article 1 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2019. The office of the board shall be in the City of Sacramento. Suboffices may be established in the Cities of Los Angeles, San Diego, and San Francisco or the environs of such cities. Notwithstanding any other law, legal proceedings against the board shall be instituted in any one of these four cities. The board may also establish other suboffices as it may deem necessary and such records as may be necessary may be transferred temporarily to any suboffices. (Amended by Stats. 2023, Ch. 294, Sec. 4. (SB 815) Effective January 1, 2024.)
  32. 202.

    ## Business and Professions Code - BPC ## DIVISION 1. DEPARTMENT OF CONSUMER AFFAIRS [100 - 472.5] ( Heading of Division 1 amended by Stats. 1973, Ch. 77. ) ## CHAPTER 3. Funds of the Department [200 - 211] ( Chapter 3 enacted by Stats. 1937, Ch. 399. )

    Verify source ↗

    The State Controller must issue a warrant from a board’s funds to cover that board’s share of the department’s estimated administrative expenses when claims are properly presented. One board’s fund cannot be used for another board’s expenses, and fund transfers for a release time bank are not barred if they are made under a memorandum of understanding on the same terms as other state agencies.

    ## Business and Professions Code - BPC ## DIVISION 1. DEPARTMENT OF CONSUMER AFFAIRS [100 - 472.5] ( Heading of Division 1 amended by Stats. 1973, Ch. 77. ) ## CHAPTER 3. Funds of the Department [200 - 211] ( Chapter 3 enacted by Stats. 1937, Ch. 399. ) ## 202. (a) Upon proper presentation of claims by the department to the State Controller, the State Controller shall draw his or her warrant against any of the funds of any one of the boards to cover its share of the estimated administrative expenses of the department. The fund of one board shall not be used to pay the expenses of any other board. (b) Nothing in this section or in Section 401 shall prohibit the transfer of funds for a release time bank of any board, commission, or bureau of the department pursuant to a memorandum of understanding on the same terms and conditions applicable to other state agencies. (Amended by Stats. 1989, Ch. 1212, Sec. 1.)
  33. 202.5.

    ## Business and Professions Code - BPC ## DIVISION 1. DEPARTMENT OF CONSUMER AFFAIRS [100 - 472.5] ( Heading of Division 1 amended by Stats. 1973, Ch. 77. ) ## CHAPTER 3. Funds of the Department [200 - 211] ( Chapter 3 enacted by Stats. 1937, Ch. 399. )

    Verify source ↗

    Before the Department of Justice is paid for legal services for a board in the department, it must give the board an itemized statement.

    ## Business and Professions Code - BPC ## DIVISION 1. DEPARTMENT OF CONSUMER AFFAIRS [100 - 472.5] ( Heading of Division 1 amended by Stats. 1973, Ch. 77. ) ## CHAPTER 3. Funds of the Department [200 - 211] ( Chapter 3 enacted by Stats. 1937, Ch. 399. ) ## 202.5. Prior to payment to the Department of Justice of any charges for legal services rendered to any board within the department, the Department of Justice shall submit to the board an itemized statement of the services and charges. The itemized statement shall include detailed information regarding the services performed and the amount of time billed for each of those services. (Added by Stats. 1994, Ch. 1273, Sec. 1. Effective January 1, 1995.)
  34. 2020.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 1. Administration [2000 - 2028.5] ( Article 1 added by Stats. 1980, Ch. 1313, Sec. 2. )

    Verify source ↗

    The board may hire and pay certain staff and set expenses, and the Attorney General must serve as the board’s legal counsel.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 1. Administration [2000 - 2028.5] ( Article 1 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2020. (a) The board, by and with the approval of the director, may employ an executive director exempt from the provisions of the Civil Service Act and may also employ investigators, legal counsel, medical consultants, and other assistance as it may deem necessary to carry this chapter into effect. The board may fix the compensation to be paid for services subject to the provisions of applicable state laws and regulations and may incur other expenses as it may deem necessary. Investigators employed by the board shall be provided special training in investigating medical practice activities. (b) The Attorney General shall act as legal counsel for the board for any judicial and administrative proceedings and the services of the Attorney General shall be a charge against it. (c) This section shall remain in effect only until January 1, 2028, and as of that date is repealed. (Amended by Stats. 2023, Ch. 294, Sec. 5. (SB 815) Effective January 1, 2024. Repealed as of January 1, 2028, by its own provisions.)
  35. 2021.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 1. Administration [2000 - 2028.5] ( Article 1 added by Stats. 1980, Ch. 1313, Sec. 2. )

    Verify source ↗

    Licensees must report address and name changes to the board, and applicants and licensees must have and report an email address by July 1, 2022. The board may also require information for a directory, and a licensee may ask that a second address not be made public in certain cases.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 1. Administration [2000 - 2028.5] ( Article 1 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2021. (a) If the board publishes a directory pursuant to Section 112, it may require persons licensed pursuant to this chapter to furnish any information as it may deem necessary to enable it to compile the directory. (b) Each licensee shall report to the board each and every change of address, including an email address, within 30 days after each change, giving both the old and new address. If an address reported to the board at the time of application for licensure or subsequently is a post office box, the applicant shall also provide the board with a street address. If another address is the licensee’s address of record, the licensee may request that the second address not be disclosed to the public. (c) Each licensee shall report to the board each and every change of name within 30 days after each change, giving both the old and new names. (d) Each applicant and licensee shall have an electronic mail address and shall report to the board that electronic mail address no later than July 1, 2022. The electronic mail address shall be considered confidential and not subject to public disclosure. (Amended by Stats. 2021, Ch. 649, Sec. 5. (SB 806) Effective January 1, 2022.)
  36. 2022.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 1. Administration [2000 - 2028.5] ( Article 1 added by Stats. 1980, Ch. 1313, Sec. 2. )

    Verify source ↗

    The directory is prima facie evidence that the listed persons are authorized to practice under this act, unless that authority was later revoked, suspended, or otherwise limited.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 1. Administration [2000 - 2028.5] ( Article 1 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2022. The directory shall be prima facie evidence of the authority of the persons named therein to practice under this act, unless such authority has been revoked, suspended, or otherwise limited pursuant to this chapter subsequent to the publication of the directory. (Added by Stats. 1980, Ch. 1313, Sec. 2.)
  37. 2023.5.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 1. Administration [2000 - 2028.5] ( Article 1 added by Stats. 1980, Ch. 1313, Sec. 2. )

    Verify source ↗

    The board must review problems and issues around using laser or intense light pulse devices for elective cosmetic procedures.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 1. Administration [2000 - 2028.5] ( Article 1 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2023.5. (a) The board, in conjunction with the Board of Registered Nursing, and in consultation with the Physician Assistant Board and professionals in the field, shall review issues and problems surrounding the use of laser or intense light pulse devices for elective cosmetic procedures by physicians and surgeons, nurses, and physician assistants. The review shall include, but need not be limited to, all of the following: (1) The appropriate level of physician supervision needed. (2) The appropriate level of training to ensure competency. (3) Guidelines for standardized procedures and protocols that address, at a minimum, all of the following: (A) Patient selection. (B) Patient education, instruction, and informed consent. (C) Use of topical agents. (D) Procedures to be followed in the event of complications or side effects from the treatment. (E) Procedures governing emergency and urgent care situations. (b) Nothing in this section shall be construed to modify the prohibition against the unlicensed practice of medicine. (Amended by Stats. 2022, Ch. 511, Sec. 9. (SB 1495) Effective January 1, 2023.)
  38. 2024.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 1. Administration [2000 - 2028.5] ( Article 1 added by Stats. 1980, Ch. 1313, Sec. 2. )

    Verify source ↗

    The board may hire licensed physician-and-surgeon consultants for its programs, including on a sole-source basis if Government Code Section 19130 allows it. Consultants retained for a licensee investigation must be specialists under Section 651.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 1. Administration [2000 - 2028.5] ( Article 1 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2024. (a) The board may select and contract with necessary medical consultants who are licensed physicians and surgeons to assist it in its programs. Subject to Section 19130 of the Government Code, the board may contract with these consultants on a sole source basis. (b) Every consultant retained under this section for a given investigation of a licensee shall be a specialist, as defined in subparagraph (B) of paragraph (5) of subdivision (h) of Section 651. (Amended by Stats. 1998, Ch. 984, Sec. 2. Effective January 1, 1999.)
  39. 2024.5.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 1. Administration [2000 - 2028.5] ( Article 1 added by Stats. 1980, Ch. 1313, Sec. 2. )

    Verify source ↗

    The board must create a Complainant Liaison Unit staffed by board employees to handle public and complainant communications about complaints and enforcement.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 1. Administration [2000 - 2028.5] ( Article 1 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2024.5. (a) The board shall establish a Complainant Liaison Unit comprised of board staff responsible for the following: (1) Respond to communications from the public about the complaint review and enforcement process. (2) After a complaint has been referred to a field investigation, assist with coordinating communications between the complainant and investigators, as necessary. (3) Following a disciplinary decision, respond to questions from the complainant regarding any appeals process available to the disciplined licensee. (4) Conduct and support public outreach activities to improve the public’s understanding of the board’s enforcement process, including related laws and policies. (5) Evaluate and respond to requests from complainants to review a complaint closure that the complainant believes was made in error. (b) The Legislature finds and declares that the board requires additional staff positions to implement this section. Therefore, this section shall only become operative six months following the allocation of positions to the board for the implementation of these provisions in the annual Budget Act. (Added by Stats. 2023, Ch. 294, Sec. 6. (SB 815) Effective January 1, 2024. Conditionally operative as prescribed by its own provisions.)
  40. 2025.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 1. Administration [2000 - 2028.5] ( Article 1 added by Stats. 1980, Ch. 1313, Sec. 2. )

    Verify source ↗

    The board must use regular mailing to notify all licensees about certain pain management guidelines, and must provide the published guidelines to licensees if requested.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 1. Administration [2000 - 2028.5] ( Article 1 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2025. The board through its regular mailing shall notify all licensees of the existence of pain management guidelines published by the Agency for Health Care Policy and Research of the Public Health Service within the United States Department of Health and Human Services, and shall provide the published guidelines to licensees upon request. (Added by Stats. 1993, Ch. 949, Sec. 1. Effective January 1, 1994.)
  41. 2026.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 1. Administration [2000 - 2028.5] ( Article 1 added by Stats. 1980, Ch. 1313, Sec. 2. )

    Verify source ↗

    The board must start the process of adopting regulations by January 1, 2019, to require licentiates and registrants to notify clients or patients about licensure/registration, license checking, and how to file complaints.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 1. Administration [2000 - 2028.5] ( Article 1 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2026. The board shall initiate the process of adopting regulations on or before January 1, 2019, to require its licentiates and registrants to provide notice to their clients or patients that the practitioner is licensed or registered in this state by the board, that the practitioner’s license can be checked, and that complaints against the practitioner can be made through the board’s Internet Web site or by contacting the board. (Added by Stats. 2017, Ch. 775, Sec. 20. (SB 798) Effective January 1, 2018.)
  42. 2027.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 1. Administration [2000 - 2028.5] ( Article 1 added by Stats. 1980, Ch. 1313, Sec. 2. )

    Verify source ↗

    The board must post specified current and historical license information on its website for current and former licensees.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 1. Administration [2000 - 2028.5] ( Article 1 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2027. (a) The board shall post on its Internet Web site the following information on the current status of the license for all current and former licensees: (1) Whether or not the licensee is presently in good standing. (2) Current American Board of Medical Specialties certification or board equivalent as certified by the board. (3) Any of the following enforcement actions or proceedings to which the licensee is actively subjected: (A) Temporary restraining orders. (B) Interim suspension orders. (C) Revocations, suspensions, probations, or limitations on practice ordered by the board or the board of another state or jurisdiction, including those made part of a probationary order or stipulated agreement. (D) Current accusations filed by the Attorney General, including those accusations that are on appeal. For purposes of this paragraph, “current accusation” means an accusation that has not been dismissed, withdrawn, or settled, and has not been finally decided upon by an administrative law judge and the board unless an appeal of that decision is pending. (E) Citations issued that have not been resolved or appealed within 30 days. (b) The board shall post on its Internet Web site all of the following historical information in its possession, custody, or control regarding all current and former licensees: (1) Approved postgraduate training. (2) Any final revocations and suspensions, or other equivalent actions, taken against the licensee by the board or the board of another state or jurisdiction or the surrender of a license by the licensee in relation to a disciplinary action or investigation, including the operative accusation resulting in the license surrender or discipline by the board. (3) Probation or other equivalent action ordered by the board, or the board of another state or jurisdiction, completed or terminated, including the operative accusation resulting in the discipline by the board. (4) Any felony convictions. Upon receipt of a certified copy of an expungement order granted pursuant to Section 1203.4 of the Penal Code from a licensee, the board shall, within six months of receipt of the expungement order, post notification of the expungement order and the date thereof on its Internet Web site. (5) Misdemeanor convictions resulting in a disciplinary action or accusation that is not subsequently withdrawn or dismissed. Upon receipt of a certified copy of an expungement order granted pursuant to Section 1203.4 of the Penal Code from a licensee, the board shall, within six months of receipt of the expungement order, post notification of the expungement order and the date thereof on its Internet Web site. (6) Civil judgments issued in any amount, whether or not vacated by a settlement after entry of the judgment, that were not reversed on appeal, and arbitration awards issued in any amount, for a claim or action for damages for death or personal injury caused by the physician and surgeon’s negligence, error, or omission in practice, or by his or her rendering of unauthorized professional services. (7) Except as provided in subparagraphs (A) and (B), a summary of any final hospital disciplinary actions that resulted in the termination or revocation of a licensee's hospital staff privileges for a medical disciplinary cause or reason. The posting shall provide any additional explanatory or exculpatory information submitted by the licensee pursuant to subdivision (f) of Section 805. The board shall also post on its Internet Web site a factsheet that explains and provides information on the reporting requirements under Section 805. (A) If a licensee’s hospital staff privileges are restored and the licensee notifies the board of the restoration, the information pertaining to the termination or revocation of those privileges shall remain posted on the Internet Web site for a period of 10 years from the restoration date of the privileges, and at the end of that period shall be removed. (B) If a court finds, in a final judgment, that peer review resulting in a hospital disciplinary action was conducted in bad faith and the licensee notifies the board of that finding, the information concerning that hospital disciplinary action posted on the Internet Web site shall be immediately removed. For purposes of this subparagraph, “peer review” has the same meaning as defined in Section 805. (8) Public letters of reprimand issued within the past 10 years by the board or the board of another state or jurisdiction, including the operative accusation, if any, resulting in discipline by the board. (9) Citations issued within the last three years that have been resolved by payment of the administrative fine or compliance with the order of abatement. (10) All settlements within the last five years in the possession, custody, or control of the board shall be disclosed for a licensee in the low-risk category if there are three or more settlements for that licensee within the last five years, and for a licensee in the high-risk category if there are four or more settlements for that licensee within the last five years. Classification of a licensee in either a “high-risk category” or a “low-risk” category depends upon the specialty or subspecialty practiced by the licensee and the designation assigned to that specialty or subspecialty by the board pursuant to subdivision (f) of Section 803.1. (A) For the purposes of this paragraph, “settlement” means a settlement in an amount of thirty thousand dollars ($30,000) or more of any claim or action for damages for death or personal injury caused by the physician and surgeon’s negligence, error, or omission in practice, or by his or her rendering of unauthorized professional services. (B) For the purposes of this paragraph, “settlement” does not include a settlement by a licensee, regardless of the amount paid, when (i) the settlement is made as a part of the settlement of a class claim, (ii) the amount paid in settlement of the class claim is the same amount paid by the other licensees in the same class or similarly situated licensees in the same class, and (iii) the settlement was paid in the context of a case for which the complaint that alleged class liability on behalf of the licensee also alleged a products liability class action cause of action. (C) The board shall not disclose the actual dollar amount of a settlement, but shall disclose settlement information in the same manner and with the same disclosures required under subparagraph (B) of paragraph (2) of subdivision (b) of Section 803.1. (11) Appropriate disclaimers and explanatory statements to accompany the information described in paragraphs (1) to (10), inclusive, including an explanation of what types of information are not disclosed. These disclaimers and statements shall be developed by the board and shall be adopted by regulation. (c) The board shall provide links to other Internet Web sites that provide information on board certifications that meet the requirements of subdivision (h) of Section 651. The board may also provide links to any other Internet Web sites that provide information on the affiliations of licensed physicians and surgeons. The board may provide links to other Internet Web sites on the Internet that provide information on health care service plans, health insurers, hospitals, or other facilities. (Repealed and added by Stats. 2014, Ch. 285, Sec. 2. (AB 1886) Effective January 1, 2015.)
  43. 2028.5.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 1. Administration [2000 - 2028.5] ( Article 1 added by Stats. 1980, Ch. 1313, Sec. 2. )

    Verify source ↗

    The board may create a pilot program to expand telehealth in the state and may convene a public-private working group to help implement it.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 1. Administration [2000 - 2028.5] ( Article 1 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2028.5. (a) The board may establish a pilot program to expand the practice of telehealth in this state. (b) To implement this pilot program, the board may convene a working group of interested parties from the public and private sectors, including, but not limited to, state health-related agencies, health care providers, health plan administrators, information technology groups, and groups representing health care consumers. (c) The purpose of the pilot program shall be to develop methods, using a telehealth model, to deliver throughout the state health care to persons with chronic diseases as well as information on the best practices for chronic disease management services and techniques and other health care information as deemed appropriate. (Amended by Stats. 2013, Ch. 275, Sec. 2. (AB 1420) Effective January 1, 2014.)
  44. 203.

    ## Business and Professions Code - BPC ## DIVISION 1. DEPARTMENT OF CONSUMER AFFAIRS [100 - 472.5] ( Heading of Division 1 amended by Stats. 1973, Ch. 77. ) ## CHAPTER 3. Funds of the Department [200 - 211] ( Chapter 3 enacted by Stats. 1937, Ch. 399. )

    Verify source ↗

    The department must send the warrant amount to the State Treasurer for the Consumer Affairs Fund and must pay its necessary administrative expenses from that fund.

    ## Business and Professions Code - BPC ## DIVISION 1. DEPARTMENT OF CONSUMER AFFAIRS [100 - 472.5] ( Heading of Division 1 amended by Stats. 1973, Ch. 77. ) ## CHAPTER 3. Funds of the Department [200 - 211] ( Chapter 3 enacted by Stats. 1937, Ch. 399. ) ## 203. The amount of the warrant shall be remitted to the State Treasurer by the department for credit to the Consumer Affairs Fund. The department shall pay all of its necessary administrative expenses out of the Consumer Affairs Fund. (Amended by Stats. 1971, Ch. 716.)
  45. 2030.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 2. General Provisions [2030 - 2042] ( Article 2 added by Stats. 1980, Ch. 1313, Sec. 2. )

    Verify source ↗

    This section says certain similar provisions in this chapter should be read as continuations of earlier medical practice laws, not as new laws.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 2. General Provisions [2030 - 2042] ( Article 2 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2030. The provisions of this chapter insofar as they are substantially the same as provisions relating to the same subject matter of previous medical practice acts shall be construed as restatements and continuations thereof, and not as new enactments. (Added by Stats. 1980, Ch. 1313, Sec. 2.)
  46. 2031.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 2. General Provisions [2030 - 2042] ( Article 2 added by Stats. 1980, Ch. 1313, Sec. 2. )

    Verify source ↗

    Rights from certain earlier medical practice certificates are preserved, but they must now be exercised under this chapter’s rules.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 2. General Provisions [2030 - 2042] ( Article 2 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2031. The rights given by any certificate issued under any preceding medical practice act are not affected by the enactment of this chapter, nor by the repeal of any law upon which such rights are based, but such rights shall hereafter be exercised according to the provisions of this chapter. (Added by Stats. 1980, Ch. 1313, Sec. 2.)
  47. 2032.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 2. General Provisions [2030 - 2042] ( Article 2 added by Stats. 1980, Ch. 1313, Sec. 2. )

    Verify source ↗

    This section defines “person” broadly, but says only natural persons may be licensed under this chapter.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 2. General Provisions [2030 - 2042] ( Article 2 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2032. “Person” means any individual, partnership, corporation, limited liability company, or other organization, or any combination thereof, except that only natural persons shall be licensed under this chapter. (Amended by Stats. 1994, Ch. 1010, Sec. 5. Effective January 1, 1995.)
  48. 2033.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 2. General Provisions [2030 - 2042] ( Article 2 added by Stats. 1980, Ch. 1313, Sec. 2. )

    Verify source ↗

    This section defines “professional” as relating to medicine and surgery, including other arts and sciences within that field.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 2. General Provisions [2030 - 2042] ( Article 2 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2033. “Professional” relates to the art and science of medicine and surgery and to such other arts and sciences as may be included within the field of medicine and surgery. (Added by Stats. 1980, Ch. 1313, Sec. 2.)
  49. 2034.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 2. General Provisions [2030 - 2042] ( Article 2 added by Stats. 1980, Ch. 1313, Sec. 2. )

    Verify source ↗

    This section defines “medical licensing authority” as an officer, board, commission, or department of another state whose certificate can support a reciprocity certificate.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 2. General Provisions [2030 - 2042] ( Article 2 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2034. “Medical licensing authority” refers to any officer, board, commission, or department of another state upon whose certificate a reciprocity certificate may be issued. (Added by Stats. 1980, Ch. 1313, Sec. 2.)
  50. 2036.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 2. General Provisions [2030 - 2042] ( Article 2 added by Stats. 1980, Ch. 1313, Sec. 2. )

    Verify source ↗

    If a certificate requires a course of instruction, it must be satisfied by a resident course of medical instruction. The section also defines “resident course of instruction” as in-person classroom, laboratory, practical, and clinical instruction.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 2. General Provisions [2030 - 2042] ( Article 2 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2036. Whenever a course of instruction is required for any certificate, it shall be satisfied by a resident course of medical instruction. Whenever a resident course of instruction is mentioned in this chapter, it shall be interpreted to mean classroom, laboratory, practical, and clinical instruction, received and given the person physically present, wherever prescribed as a part of his or her instruction and for the period prescribed for such instruction. (Added by Stats. 1980, Ch. 1313, Sec. 2.)
  51. 2037.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 2. General Provisions [2030 - 2042] ( Article 2 added by Stats. 1980, Ch. 1313, Sec. 2. )

    Verify source ↗

    Medical schools and hospitals must be approved by the Division of Licensing when a certificate requirement or reference involves them.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 2. General Provisions [2030 - 2042] ( Article 2 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2037. Whenever any requirement is provided for any certificate relating to a medical school or hospital, or any reference is made to a medical school or hospital, the medical school and hospital shall be ones approved by the Division of Licensing. (Added by Stats. 1980, Ch. 1313, Sec. 2.)
  52. 2038.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 2. General Provisions [2030 - 2042] ( Article 2 added by Stats. 1980, Ch. 1313, Sec. 2. )

    Verify source ↗

    This section expands the meaning of “diagnose” and “diagnosis” in this chapter.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 2. General Provisions [2030 - 2042] ( Article 2 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2038. Whenever the words “diagnose” or “diagnosis” are used in this chapter, they include any undertaking by any method, device, or procedure whatsoever, and whether gratuitous or not, to ascertain or establish whether a person is suffering from any physical or mental disorder. Such terms shall also include the taking of a person’s blood pressure and the use of mechanical devices or machines for the purpose of making a diagnosis and representing to such person any conclusion regarding his or her physical or mental condition. Machines or mechanical devices for measuring or ascertaining height or weight are excluded from this section. (Added by Stats. 1980, Ch. 1313, Sec. 2.)
  53. 2039.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 2. General Provisions [2030 - 2042] ( Article 2 added by Stats. 1980, Ch. 1313, Sec. 2. )

    Verify source ↗

    Certificates issued by the board must state what practice is permitted, including its extent and character.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 2. General Provisions [2030 - 2042] ( Article 2 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2039. All certificates issued by the board shall state the extent and character of the practice which is permitted. (Added by Stats. 1980, Ch. 1313, Sec. 2.)
  54. 204.

    ## Business and Professions Code - BPC ## DIVISION 1. DEPARTMENT OF CONSUMER AFFAIRS [100 - 472.5] ( Heading of Division 1 amended by Stats. 1973, Ch. 77. ) ## CHAPTER 3. Funds of the Department [200 - 211] ( Chapter 3 enacted by Stats. 1937, Ch. 399. )

    Verify source ↗

    A small revolving fund withdrawal may be made from the Consumer Affairs Fund without vouchers and itemized statements at the time, but the amount cannot exceed 1% of the total appropriated for the listed boards.

    ## Business and Professions Code - BPC ## DIVISION 1. DEPARTMENT OF CONSUMER AFFAIRS [100 - 472.5] ( Heading of Division 1 amended by Stats. 1973, Ch. 77. ) ## CHAPTER 3. Funds of the Department [200 - 211] ( Chapter 3 enacted by Stats. 1937, Ch. 399. ) ## 204. A sum, not to exceed 1 percent of the total amount appropriated for all of the boards herein mentioned may be withdrawn from the Consumer Affairs Fund without at the time furnishing vouchers and itemized statements. This sum shall be used as a revolving fund where cash advances are necessary, and at the close of each biennium, or at any other time, upon demand of the Department of Finance, shall be accounted for and substantiated by vouchers and itemized statements submitted to and audited by the State Controller. (Amended by Stats. 1971, Ch. 716.)
  55. 2040.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 2. General Provisions [2030 - 2042] ( Article 2 added by Stats. 1980, Ch. 1313, Sec. 2. )

    Verify source ↗

    In this chapter, “license” and “certificate” mean the same thing.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 2. General Provisions [2030 - 2042] ( Article 2 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2040. The terms “license” and “certificate” as used in this chapter are deemed to be synonomous. (Added by Stats. 1980, Ch. 1313, Sec. 2.)
  56. 2041.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 2. General Provisions [2030 - 2042] ( Article 2 added by Stats. 1980, Ch. 1313, Sec. 2. )

    Verify source ↗

    In this chapter, “licensee” means a holder of a physician’s and surgeon’s certificate or a doctor of podiatric medicine’s certificate who is practicing under that certificate and the appropriate board’s jurisdiction.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 2. General Provisions [2030 - 2042] ( Article 2 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2041. The term “licensee” as used in this chapter means the holder of a physician’s and surgeon’s certificate or doctor of podiatric medicine’s certificate, as the case may be, who is engaged in the professional practice authorized by the certificate under the jurisdiction of the appropriate board. (Amended by Stats. 2007, Ch. 678, Sec. 16. Effective January 1, 2008.)
  57. 2042.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 2. General Provisions [2030 - 2042] ( Article 2 added by Stats. 1980, Ch. 1313, Sec. 2. )

    Verify source ↗

    The Medical Board of California, the Osteopathic Medical Board of California, and the Department of Justice must carry out fingerprint-based criminal history checks for applicants, and the applicant must pay the cost.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 2. General Provisions [2030 - 2042] ( Article 2 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2042. Notwithstanding any other law, the Medical Board of California and the Osteopathic Medical Board of California shall require each applicant to furnish to the board a full set of fingerprints for purposes of conducting criminal history record checks. The board shall submit to the Department of Justice fingerprint images and related information required by the Department of Justice of all applicants, pursuant to subdivision (u) of Section 11105 of the Penal Code. The Department of Justice shall provide a state and federal response to the board pursuant to subdivision (p) of Section 11105 of the Penal Code. The Department of Justice shall charge a fee sufficient to cover the cost of processing the fingerprints and response required by this section. The applicant shall be responsible for this cost. (Added by Stats. 2025, Ch. 113, Sec. 1. (SB 160) Effective September 17, 2025.)
  58. 205.1.

    ## Business and Professions Code - BPC ## DIVISION 1. DEPARTMENT OF CONSUMER AFFAIRS [100 - 472.5] ( Heading of Division 1 amended by Stats. 1973, Ch. 77. ) ## CHAPTER 3. Funds of the Department [200 - 211] ( Chapter 3 enacted by Stats. 1937, Ch. 399. )

    Verify source ↗

    The Medical Cannabis Regulation and Safety Act Fund is treated as a special fund within the Professions and Vocations Fund, and it remains subject to Section 205(b).

    ## Business and Professions Code - BPC ## DIVISION 1. DEPARTMENT OF CONSUMER AFFAIRS [100 - 472.5] ( Heading of Division 1 amended by Stats. 1973, Ch. 77. ) ## CHAPTER 3. Funds of the Department [200 - 211] ( Chapter 3 enacted by Stats. 1937, Ch. 399. ) ## 205.1. Notwithstanding subdivision (a) of Section 205, the Medical Cannabis Regulation and Safety Act Fund is a special fund within the Professions and Vocations Fund, and is subject to subdivision (b) of Section 205. (Amended by Stats. 2016, Ch. 32, Sec. 4. (SB 837) Effective June 27, 2016.)
  59. 205.2.

    ## Business and Professions Code - BPC ## DIVISION 1. DEPARTMENT OF CONSUMER AFFAIRS [100 - 472.5] ( Heading of Division 1 amended by Stats. 1973, Ch. 77. ) ## CHAPTER 3. Funds of the Department [200 - 211] ( Chapter 3 enacted by Stats. 1937, Ch. 399. )

    Verify source ↗

    References to the “State Dental Assistant Fund” mean the State Dentistry Fund, and all money in the former fund must be moved to the State Dentistry Fund by July 1, 2022, when the former fund is abolished.

    ## Business and Professions Code - BPC ## DIVISION 1. DEPARTMENT OF CONSUMER AFFAIRS [100 - 472.5] ( Heading of Division 1 amended by Stats. 1973, Ch. 77. ) ## CHAPTER 3. Funds of the Department [200 - 211] ( Chapter 3 enacted by Stats. 1937, Ch. 399. ) ## 205.2. Whenever any reference is made in any provision of this code to the “State Dental Assistant Fund,” it means the State Dentistry Fund. All moneys within the State Dental Assistant Fund shall be deposited into the State Dentistry Fund by July 1, 2022. On July 1, 2022, the State Dental Assistant Fund shall be abolished. (Added by Stats. 2019, Ch. 865, Sec. 4. (AB 1519) Effective January 1, 2020.)
  60. 205.3.

    ## Business and Professions Code - BPC ## DIVISION 1. DEPARTMENT OF CONSUMER AFFAIRS [100 - 472.5] ( Heading of Division 1 amended by Stats. 1973, Ch. 77. ) ## CHAPTER 3. Funds of the Department [200 - 211] ( Chapter 3 enacted by Stats. 1937, Ch. 399. )

    Verify source ↗

    References to the Dispensing Opticians Fund mean the Optometry Fund; all money in the Dispensing Opticians Fund had to be moved into the Optometry Fund by July 1, 2022, and the Dispensing Opticians Fund was abolished on that date.

    ## Business and Professions Code - BPC ## DIVISION 1. DEPARTMENT OF CONSUMER AFFAIRS [100 - 472.5] ( Heading of Division 1 amended by Stats. 1973, Ch. 77. ) ## CHAPTER 3. Funds of the Department [200 - 211] ( Chapter 3 enacted by Stats. 1937, Ch. 399. ) ## 205.3. Whenever any reference is made in any provision of this code to the “Dispensing Opticians Fund,” it means the Optometry Fund. All moneys within the Dispensing Opticians Fund shall be deposited into the Optometry Fund by July 1, 2022. On July 1, 2022, the Dispensing Opticians Fund shall be abolished. (Added by Stats. 2020, Ch. 121, Sec. 2. (AB 896) Effective September 24, 2020.)
  61. 2050.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 3. License Required and Exemptions [2050 - 2078] ( Article 3 added by Stats. 1980, Ch. 1313, Sec. 2. )

    Verify source ↗

    The Division of Licensing must issue one certificate form to all physicians and surgeons licensed by the board, called a physician’s and surgeon’s certificate.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 3. License Required and Exemptions [2050 - 2078] ( Article 3 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2050. The Division of Licensing shall issue one form of certificate to all physicians and surgeons licensed by the board which shall be designated as a “physician’s and surgeon’s certificate.” (Added by Stats. 1980, Ch. 1313, Sec. 2.)
  62. 20500.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 6. Paints [20500 - 20502] ( Chapter 6 added by Stats. 1941, Ch. 48. )

    Verify source ↗

    A person may not in this state manufacture for sale, offer for sale, or sell adulterated materials used to make paints, oils, varnishes, or pigments.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 6. Paints [20500 - 20502] ( Chapter 6 added by Stats. 1941, Ch. 48. ) ## 20500. No person shall within this State manufacture for sale, offer for sale or sell any article, mixture, compound or substance, used in making paints, oils, varnishes or pigments, which is adulterated within the meaning of this chapter. (Added by Stats. 1941, Ch. 48.)
  63. 20501.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 6. Paints [20500 - 20502] ( Chapter 6 added by Stats. 1941, Ch. 48. )

    Verify source ↗

    This section defines when an article under this chapter is considered adulterated.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 6. Paints [20500 - 20502] ( Chapter 6 added by Stats. 1941, Ch. 48. ) ## 20501. An article under this chapter is adulterated within the meaning of this chapter: (a) In case of oils, turpentines, alcohol or other vehicles under any of the following circumstances: (1) If it contains any other substance or ingredient different from the article under the name of which it is offered for sale or sold. (2) If any substance has been mixed with it so as to lower, depreciate or injuriously affect the quality, strength or purity of the article. (3) If any inferior or cheaper substance or substances have been substituted wholly or in part for it. (4) If it is an imitation, or is sold under the name of any other article. (b) In case of lead, zinc, ocher or other metal, mineral or chemical paints, or any or other pigments in paste form and labeled pure, used in the painting or decorating industry under any of the following circumstances: (1) If any substance which lowers, depreciates or injuriously affects the quality, strength or purity of the article has been mixed with it, or substituted wholly or in part for it. (2) If it is an imitation of any other article. (Added by Stats. 1941, Ch. 48.)
  64. 20502.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 6. Paints [20500 - 20502] ( Chapter 6 added by Stats. 1941, Ch. 48. )

    Verify source ↗

    It is a misdemeanor for a person to adulterate or dilute a covered article and sell it as if it were undiluted, or to sell a different article without telling the purchaser.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 6. Paints [20500 - 20502] ( Chapter 6 added by Stats. 1941, Ch. 48. ) ## 20502. Every person who adulterates or dilutes any article mentioned in this chapter and sells or offers for sale the same so diluted or adulterated, as undiluted and unadulterated, every person who sells or offers for sale a different article without informing the purchaser of such difference, and every person who violates any of the provisions of this chapter is guilty of a misdemeanor. (Added by Stats. 1941, Ch. 48.)
  65. 2051.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 3. License Required and Exemptions [2050 - 2078] ( Article 3 added by Stats. 1980, Ch. 1313, Sec. 2. )

    Verify source ↗

    The physician’s and surgeon’s certificate authorizes its holder to use drugs or devices on human beings, penetrate tissues, and use other methods to treat diseases, injuries, deformities, and other physical or mental conditions.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 3. License Required and Exemptions [2050 - 2078] ( Article 3 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2051. The physician’s and surgeon’s certificate authorizes the holder to use drugs or devices in or upon human beings and to sever or penetrate the tissues of human beings and to use any and all other methods in the treatment of diseases, injuries, deformities, and other physical and mental conditions. (Added by Stats. 1980, Ch. 1313, Sec. 2.)
  66. 2052.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 3. License Required and Exemptions [2050 - 2078] ( Article 3 added by Stats. 1980, Ch. 1313, Sec. 2. )

    Verify source ↗

    People may not practice, offer to practice, diagnose, treat, operate on, or prescribe for medical conditions without a valid certificate or other legal authorization.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 3. License Required and Exemptions [2050 - 2078] ( Article 3 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2052. (a) Notwithstanding Section 146, any person who practices or attempts to practice, or who advertises or holds himself or herself out as practicing, any system or mode of treating the sick or afflicted in this state, or who diagnoses, treats, operates for, or prescribes for any ailment, blemish, deformity, disease, disfigurement, disorder, injury, or other physical or mental condition of any person, without having at the time of so doing a valid, unrevoked, or unsuspended certificate as provided in this chapter or without being authorized to perform the act pursuant to a certificate obtained in accordance with some other provision of law is guilty of a public offense, punishable by a fine not exceeding ten thousand dollars ($10,000), by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code, by imprisonment in a county jail not exceeding one year, or by both the fine and either imprisonment. (b) Any person who conspires with or aids or abets another to commit any act described in subdivision (a) is guilty of a public offense, subject to the punishment described in that subdivision. (c) The remedy provided in this section shall not preclude any other remedy provided by law. (Amended by Stats. 2011, Ch. 15, Sec. 11. (AB 109) Effective April 4, 2011. Operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68.)
  67. 2052.5.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 3. License Required and Exemptions [2050 - 2078] ( Article 3 added by Stats. 1980, Ch. 1313, Sec. 2. )

    Verify source ↗

    An eligible out-of-state physician and surgeon may practice medicine in California only when delivering telehealth care to an eligible patient.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 3. License Required and Exemptions [2050 - 2078] ( Article 3 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2052.5. (a) For purposes of this section, the following definitions apply: (1) “Eligible patient” means a person who meets all of the following requirements: (A) Has an immediately life-threatening disease or condition as defined in Section 111548.1 of the Health and Safety Code. (B) Has given written informed consent for, or, if the person lacks the capacity to consent, their legally authorized representative has given written informed consent on their behalf for, both of the following: (i) The use of an eligible out-of-state physician and surgeon’s telehealth health care services. (ii) The release of certified medical records to their primary physician and surgeon by the out-of-state physician. (C) Has not been accepted to participate in the clinical trial nearest to their home for the immediately life-threatening disease or condition identified in subparagraph (A) within one week of completion of the clinical trial application process, or, in the medical judgment of a physician and surgeon described in paragraph (3), it is unreasonable for the patient to participate in that clinical trial due to the patient’s current condition and stage of disease. (D) Has documentation from their primary physician and surgeon attesting that they meet the requirements in subparagraphs (A), (B), and (C). The primary physician and surgeon may withdraw the documentation if there is a substantial change in the patient’s mental capacity to make informed decisions for their own care unless their legally authorized representative has given written informed consent on their behalf. (2) “Eligible out-of-state physician and surgeon” means a person who is licensed as a physician and surgeon in another state in good standing with no history of prior discipline, and whose medical expertise is that of the eligible patient’s illness. (3) “Primary physician and surgeon” means a physician and surgeon licensed under the Medical Practice Act (Chapter 5 (commencing with Section 2000)) or an osteopathic physician and surgeon licensed under the Osteopathic Act (Article 21 (commencing with Section 2450)). (4) “Telehealth” has the same meaning as provided in Section 2290.5. (b) Notwithstanding any other law, an eligible out-of-state physician and surgeon may practice medicine in the state if the practice is limited to delivering health care via telehealth to an eligible patient. (Added by Stats. 2023, Ch. 837, Sec. 2. (AB 1369) Effective January 1, 2024.)
  68. 2053.5.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 3. License Required and Exemptions [2050 - 2078] ( Article 3 added by Stats. 1980, Ch. 1313, Sec. 2. )

    Verify source ↗

    A person who meets Section 2053.6 is generally not violating Sections 2051 or 2052, but must disclose in ads that they are not licensed as a healing arts practitioner.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 3. License Required and Exemptions [2050 - 2078] ( Article 3 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2053.5. (a) Notwithstanding any other provision of law, a person who complies with the requirements of Section 2053.6 shall not be in violation of Section 2051 or 2052 unless that person does any of the following: (1) Conducts surgery or any other procedure on another person that punctures the skin or harmfully invades the body. (2) Administers or prescribes X-ray radiation to another person. (3) Prescribes or administers legend drugs or controlled substances to another person. (4) Recommends the discontinuance of legend drugs or controlled substances prescribed by an appropriately licensed practitioner. (5) Willfully diagnoses and treats a physical or mental condition of any person under circumstances or conditions that cause or create a risk of great bodily harm, serious physical or mental illness, or death. (6) Sets fractures. (7) Treats lacerations or abrasions through electrotherapy. (8) Holds out, states, indicates, advertises, or implies to a client or prospective client that he or she is a physician, a surgeon, or a physician and surgeon. (b) A person who advertises any services that are not unlawful under Section 2051 or 2052 pursuant to subdivision (a) shall disclose in the advertisement that he or she is not licensed by the state as a healing arts practitioner. (Amended by Stats. 2005, Ch. 621, Sec. 24. Effective January 1, 2006.)
  69. 2053.6.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 3. License Required and Exemptions [2050 - 2078] ( Article 3 added by Stats. 1980, Ch. 1313, Sec. 2. )

    Verify source ↗

    Before providing certain services, the provider must give the client a plain-language written disclosure, get a written acknowledgment, give the client a copy, keep it for three years, and use a language the client understands.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 3. License Required and Exemptions [2050 - 2078] ( Article 3 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2053.6. (a) A person who provides services pursuant to Section 2053.5 that are not unlawful under Section 2051 or 2052 shall, prior to providing those services, do the following: (1) Disclose to the client in a written statement using plain language the following information: (A) That he or she is not a licensed physician. (B) That the treatment is alternative or complementary to healing arts services licensed by the state. (C) That the services to be provided are not licensed by the state. (D) The nature of the services to be provided. (E) The theory of treatment upon which the services are based. (F) His or her educational, training, experience, and other qualifications regarding the services to be provided. (2) Obtain a written acknowledgment from the client stating that he or she has been provided with the information described in paragraph (1). The client shall be provided with a copy of the written acknowledgement, which shall be maintained by the person providing the service for three years. (b) The information required by subdivision (a) shall be provided in a language that the client understands. (c) Nothing in this section or in Section 2053.5 shall be construed to do the following: (1) Affect the scope of practice of licensed physicians and surgeons. (2) Limit the right of any person to seek relief for negligence or any other civil remedy against a person providing services subject to the requirements of this section. (Amended by Stats. 2005, Ch. 621, Sec. 25. Effective January 1, 2006.)
  70. 2054.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 3. License Required and Exemptions [2050 - 2078] ( Article 3 added by Stats. 1980, Ch. 1313, Sec. 2. )

    Verify source ↗

    Most people may not use “doctor,” “physician,” “Dr.,” “M.D.,” or “D.O.” to imply they are a physician and surgeon unless they have a valid certificate or fit a listed exception.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 3. License Required and Exemptions [2050 - 2078] ( Article 3 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2054. (a) Any person who uses in any sign, business card, or letterhead, or, in an advertisement, the words “doctor” or “physician,” the letters or prefix “Dr.,” the initials “M.D.” or “D.O.,” or any other terms or letters indicating or implying that the person is a physician and surgeon, physician, surgeon, or practitioner under the terms of this or any other law, or that the person is entitled to practice hereunder, or who represents or holds themselves out as a physician and surgeon, physician, surgeon, or practitioner under the terms of this or any other law, without having at the time of so doing a valid, unrevoked, and unsuspended certificate as a physician and surgeon under this chapter, is guilty of a misdemeanor. No person shall use the words “doctor” or “physician,” the letters or prefix “Dr.,” the initials “M.D.” or “D.O.,” or any other terms or letters indicating or implying that the person is a physician and surgeon, physician, surgeon, or practitioner in a health care setting that would lead a reasonable patient to determine that person is a licensed “M.D.” or “D.O.” (b) Notwithstanding subdivision (a), any of the following persons may use the words “doctor” or “physician,” the letters or prefix “Dr.,” or the initials “M.D.” or “D.O.”: (1) A graduate of a medical or an osteopathic medical school approved or recognized by the medical or osteopathic medical board while enrolled in a postgraduate training program approved by the board. (2) A graduate of a medical or an osteopathic medical school who does not have a certificate as a physician and surgeon under this chapter if the individual meets all of the following requirements: (A) If issued a license to practice medicine in any jurisdiction, has not had that license revoked or suspended by that jurisdiction. (B) Does not otherwise hold themselves out as a physician and surgeon entitled to practice medicine in this state except to the extent authorized by this chapter. (C) Does not engage in any of the acts prohibited by Section 2060. (3) A person authorized to practice medicine under Section 2111 or 2113 subject to the limitations set forth in those sections. (4) A person holding a current and active license under this division or any initiative act referred to in this division, to the extent the use of the title is consistent with the act governing the practice of that license. (5) A person whose use of the word “doctor” or the prefix “Dr.” is not associated with any claim of entitlement to practice medicine or any other professional service for which the use of the title would be untrue or misleading pursuant to Section 17500. (Amended by Stats. 2024, Ch. 481, Sec. 7. (SB 1451) Effective January 1, 2025.)
  71. 2055.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 3. License Required and Exemptions [2050 - 2078] ( Article 3 added by Stats. 1980, Ch. 1313, Sec. 2. )

    Verify source ↗

    A person issued a physician’s and surgeon’s certificate by the Medical Board of California may use the initials “M.D.”

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 3. License Required and Exemptions [2050 - 2078] ( Article 3 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2055. Notwithstanding any other provision of law, a person issued a physician’s and surgeon’s certificate by the Medical Board of California pursuant to the provisions of this chapter shall be entitled to use of the initials “M.D.” (Amended by Stats. 1989, Ch. 886, Sec. 19.)
  72. 2056.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 3. License Required and Exemptions [2050 - 2078] ( Article 3 added by Stats. 1980, Ch. 1313, Sec. 2. )

    Verify source ↗

    This section protects physicians and surgeons from retaliation for advocating for medically appropriate health care, and bars people from stopping or discouraging that advocacy or related patient communication.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 3. License Required and Exemptions [2050 - 2078] ( Article 3 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2056. (a) The purpose of this section is to provide protection against retaliation for physicians who advocate for medically appropriate health care for their patients pursuant to Wickline v. State of California 192 Cal. App. 3d 1630. (b) It is the public policy of the State of California that a physician and surgeon be encouraged to advocate for medically appropriate health care for his or her patients. For purposes of this section, “to advocate for medically appropriate health care” means to appeal a payor’s decision to deny payment for a service pursuant to the reasonable grievance or appeal procedure established by a medical group, independent practice association, preferred provider organization, foundation, hospital medical staff and governing body, or payer, or to protest a decision, policy, or practice that the physician, consistent with that degree of learning and skill ordinarily possessed by reputable physicians practicing according to the applicable legal standard of care, reasonably believes impairs the physician’s ability to provide medically appropriate health care to his or her patients. (c) The application and rendering by any person of a decision to terminate an employment or other contractual relationship with, or otherwise penalize, a physician and surgeon principally for advocating for medically appropriate health care consistent with that degree of learning and skill ordinarily possessed by reputable physicians practicing according to the applicable legal standard of care violates the public policy of this state. No person shall terminate, retaliate against, or otherwise penalize a physician and surgeon for that advocacy, nor shall any person prohibit, restrict, or in any way discourage a physician and surgeon from communicating to a patient information in furtherance of medically appropriate health care. (d) This section shall not be construed to prohibit a payer from making a determination not to pay for a particular medical treatment or service, or to prohibit a medical group, independent practice association, preferred provider organization, foundation, hospital medical staff, hospital governing body acting pursuant to Section 809.05, or payer from enforcing reasonable peer review or utilization review protocols or determining whether a physician has complied with those protocols. (e) Medically appropriate health care in a hospital licensed pursuant to Section 1250 of the Health and Safety Code shall be defined by the hospital medical staff and approved by the governing body, consistent with that degree of learning and skill ordinarily possessed by reputable physicians practicing according to the applicable legal standard of care. (f) Nothing in this section shall be construed to prohibit the governing body of a hospital from taking disciplinary actions against a physician and surgeon as authorized by Sections 809.05, 809.4, and 809.5. (g) Nothing in this section shall be construed to prohibit the Medical Board of California from taking disciplinary actions against a physician and surgeon under Article 12 (commencing with Section 2220). (h) For purposes of this section, “person” has the same meaning as set forth in Section 2032. (Amended by Stats. 1996, Ch. 260, Sec. 1. Effective January 1, 1997.)
  73. 2056.1.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 3. License Required and Exemptions [2050 - 2078] ( Article 3 added by Stats. 1980, Ch. 1313, Sec. 2. )

    Verify source ↗

    Health care service plans and their contracting entities may not put contract terms in place that interfere with physicians’ or other licensed health care providers’ ability to communicate with patients about health care.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 3. License Required and Exemptions [2050 - 2078] ( Article 3 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2056.1. (a) The purpose of this section is to ensure that health care service plans and their contracting entities do not enter into contracts with physicians and surgeons or other licensed health care providers that interfere with any ethical responsibility or legal right of physicians and surgeons or other licensed health care providers to discuss with their patients information relevant to their patients’ health care. It is the intent of the Legislature to guarantee that a physician and surgeon or other licensed health care provider can communicate freely with, and act as advocate for, his or her patient. (b) Health care service plans and their contracting entities shall not include provisions in their contracts that interfere with the ability of a physician and surgeon or other licensed health care provider to communicate with a patient regarding his or her health care, including, but not limited to, communications regarding treatment options, alternative plans, or other coverage arrangements. Nothing in this section shall preclude a contract provision that provides that a physician and surgeon, or other licensed health care provider, may not solicit for alternative coverage arrangements for the primary purpose of securing financial gain. (c) Any contractual provision inconsistent with this section shall be void and unenforceable. (d) For purposes of this section, “licensed health care provider” means any person licensed or certified pursuant to this division or licensed pursuant to the Osteopathic Initiative Act or the Chiropractic Initiative Act. (e) No communication regarding treatment options shall be represented or construed to expand or revise the scope of benefits or covered services under a health care service plan or insurance contract. (Added by Stats. 1996, Ch. 1089, Sec. 1. Effective January 1, 1997.)
  74. 2058.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 3. License Required and Exemptions [2050 - 2078] ( Article 3 added by Stats. 1980, Ch. 1313, Sec. 2. )

    Verify source ↗

    This section says the chapter does not forbid emergency service, domestic family remedies, or obtaining a blood sample by skin puncture for blood glucose testing to monitor a minor child under Section 1241(b)(6).

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 3. License Required and Exemptions [2050 - 2078] ( Article 3 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2058. (a) Nothing in this chapter prohibits service in the case of emergency, or the domestic administration of family remedies. (b) Nothing in this chapter shall be construed to prohibit obtaining a blood specimen by skin puncture for the purpose of performing blood glucose testing for the purposes of monitoring a minor child in accordance with paragraph (6) of subdivision (b) of Section 1241. (Amended by Stats. 1997, Ch. 550, Sec. 2. Effective January 1, 1998.)
  75. 206.

    ## Business and Professions Code - BPC ## DIVISION 1. DEPARTMENT OF CONSUMER AFFAIRS [100 - 472.5] ( Heading of Division 1 amended by Stats. 1973, Ch. 77. ) ## CHAPTER 3. Funds of the Department [200 - 211] ( Chapter 3 enacted by Stats. 1937, Ch. 399. )

    Verify source ↗

    If a check used to pay a fee, fine, or penalty is dishonored, the person cannot get the license or other authority sought until the outstanding amount and applicable fees are paid.

    ## Business and Professions Code - BPC ## DIVISION 1. DEPARTMENT OF CONSUMER AFFAIRS [100 - 472.5] ( Heading of Division 1 amended by Stats. 1973, Ch. 77. ) ## CHAPTER 3. Funds of the Department [200 - 211] ( Chapter 3 enacted by Stats. 1937, Ch. 399. ) ## 206. Notwithstanding any other provision of law, any person tendering a check for payment of a fee, fine, or penalty that was subsequently dishonored, shall not be granted a license, or other authority that they were seeking, until the applicant pays the amount outstanding from the dishonored payment together with the applicable fee, including any delinquency fee. The board may require the person whose check was returned unpaid to make payment of all fees by cashier’s check or money order. (Added by Stats. 1994, Ch. 26, Sec. 12. Effective March 30, 1994.)
  76. 2060.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 3. License Required and Exemptions [2050 - 2078] ( Article 3 added by Stats. 1980, Ch. 1313, Sec. 2. )

    Verify source ↗

    Out-of-state practitioners are exempt when consulting with a licensed practitioner in this state or appearing as invited guests for specified education purposes, but they may not open an office, meet patients, receive patient calls, give orders, or control the care or primary diagnosis of a patient in this state.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 3. License Required and Exemptions [2050 - 2078] ( Article 3 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2060. Nothing in this chapter applies to any practitioner located outside this state, when in actual consultation, whether within this state or across state lines, with a licensed practitioner of this state, or when an invited guest of the California Medical Association or the California Podiatric Medical Association, or one of their component county societies, or of an approved medical or podiatric medical school or college for the sole purpose of engaging in professional education through lectures, clinics, or demonstrations, if he or she is, at the time of the consultation, lecture, or demonstration a licensed physician and surgeon or a licensed doctor of podiatric medicine in the state or country in which he or she resides. This practitioner shall not open an office, appoint a place to meet patients, receive calls from patients within the limits of this state, give orders, or have ultimate authority over the care or primary diagnosis of a patient who is located within this state. (Amended by Stats. 2003, Ch. 607, Sec. 2. Effective January 1, 2004.)
  77. 20600.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 6.5. Video Arcades [20600 - 20602] ( Chapter 6.5 added by Stats. 2002, Ch. 748, Sec. 1. )

    Verify source ↗

    A video arcade must post a consumer notice sign about the video arcade game rating system.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 6.5. Video Arcades [20600 - 20602] ( Chapter 6.5 added by Stats. 2002, Ch. 748, Sec. 1. ) ## 20600. A video arcade shall post a sign that notifies consumers that a video arcade game rating system, created by the video arcade gaming industry, is available to aid in the selection of a game. This sign shall be posted on the wall of the arcade in a prominent area such as the arcade entrance, the money exchange machine, or the token counter. The lettering of each sign shall be printed, at a minimum, in 36-point type and shall be in black ink against a light colored background, with dimensions no less than 18 by 24 inches. (Added by Stats. 2002, Ch. 748, Sec. 1. Effective January 1, 2003.)
  78. 20601.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 6.5. Video Arcades [20600 - 20602] ( Chapter 6.5 added by Stats. 2002, Ch. 748, Sec. 1. )

    Verify source ↗

    A video arcade must give consumers a brochure explaining the Section 20600 rating system when requested.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 6.5. Video Arcades [20600 - 20602] ( Chapter 6.5 added by Stats. 2002, Ch. 748, Sec. 1. ) ## 20601. A video arcade shall make available upon request a brochure to consumers that explains the rating system described in Section 20600. (Added by Stats. 2002, Ch. 748, Sec. 1. Effective January 1, 2003.)
  79. 20602.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 6.5. Video Arcades [20600 - 20602] ( Chapter 6.5 added by Stats. 2002, Ch. 748, Sec. 1. )

    Verify source ↗

    This section defines “video arcade” for this chapter.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 6.5. Video Arcades [20600 - 20602] ( Chapter 6.5 added by Stats. 2002, Ch. 748, Sec. 1. ) ## 20602. For the purposes of this chapter, “video arcade” means any premises where all of the following exist: (a) Minors are legally permitted to conduct business. (b) Ten or more video game machines or devices are operated. (c) One or more of the video game machines or devices are rated “red” or five or more of the video game machines or devices are rated “yellow” under the rating system created by the video arcade gaming industry. (Added by Stats. 2002, Ch. 748, Sec. 1. Effective January 1, 2003.)
  80. 2061.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 3. License Required and Exemptions [2050 - 2078] ( Article 3 added by Stats. 1980, Ch. 1313, Sec. 2. )

    Verify source ↗

    This section says the chapter does not limit other people who are licensed, certified, or registered under another healing-arts law when they are acting within their authorized practice.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 3. License Required and Exemptions [2050 - 2078] ( Article 3 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2061. Nothing in this chapter shall be construed as limiting the practice of other persons licensed, certified, or registered under any other provision of law relating to the healing arts when such person is engaged in his or her authorized and licensed practice. (Added by Stats. 1980, Ch. 1313, Sec. 2.)
  81. 2062.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 3. License Required and Exemptions [2050 - 2078] ( Article 3 added by Stats. 1980, Ch. 1313, Sec. 2. )

    Verify source ↗

    Certain testing, guidance, and physical fitness programs are not treated as the practice of medicine under this chapter.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 3. License Required and Exemptions [2050 - 2078] ( Article 3 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2062. Testing and guidance programs in schools, colleges, and universities and physical fitness tests given by public and private agencies in connection with employment or issuance or renewal of licenses or permits do not constitute the practice of medicine within the meaning or intent of this chapter. (Added by Stats. 1980, Ch. 1313, Sec. 2.)
  82. 2063.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 3. License Required and Exemptions [2050 - 2078] ( Article 3 added by Stats. 1980, Ch. 1313, Sec. 2. )

    Verify source ↗

    This chapter may not be used to discriminate against particular schools of medicine or to regulate, prohibit, or apply to treatment by prayer or interfere with religious practice.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 3. License Required and Exemptions [2050 - 2078] ( Article 3 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2063. Nothing in this chapter shall be construed so as to discriminate against any particular school of medicine or surgery, school or college of podiatric medicine, or any other treatment, nor shall it regulate, prohibit, or apply to any kind of treatment by prayer, nor interfere in any way with the practice of religion. (Added by Stats. 1980, Ch. 1313, Sec. 2.)
  83. 2064.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 3. License Required and Exemptions [2050 - 2078] ( Article 3 added by Stats. 1980, Ch. 1313, Sec. 2. )

    Verify source ↗

    This section exempts certain medical students from the chapter’s restriction and allows them to practice medicine only as part of their approved course of study.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 3. License Required and Exemptions [2050 - 2078] ( Article 3 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2064. (a) Nothing in this chapter shall be construed to prevent a regularly matriculated student undertaking a course of professional instruction in an approved medical school, or to prevent a foreign medical student who is enrolled in an approved medical school or clinical training program in this state, from engaging in the practice of medicine whenever and wherever prescribed as a part of his or her course of study. (b) This section shall become operative on January 1, 2020. (Repealed (in Sec. 23) and added by Stats. 2017, Ch. 775, Sec. 24. (SB 798) Effective January 1, 2018. Section operative January 1, 2020, by its own provisions.)
  84. 2064.1.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 3. License Required and Exemptions [2050 - 2078] ( Article 3 added by Stats. 1980, Ch. 1313, Sec. 2. )

    Verify source ↗

    Some qualified medical students may enroll in elective clerkships or preceptorships in any medical school or clinical training program in California.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 3. License Required and Exemptions [2050 - 2078] ( Article 3 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2064.1. Notwithstanding the provisions of Section 2064 or any other provisions of this chapter, a regularly matriculated student undertaking a course of professional instruction in a medical school approved by the American Osteopathic Association or the Osteopathic Medical Board of California is eligible for enrollment in elective clerkships or preceptorships in any medical school or clinical training program in this state. (Amended by Stats. 1991, Ch. 359, Sec. 10.)
  85. 2064.2.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 3. License Required and Exemptions [2050 - 2078] ( Article 3 added by Stats. 1980, Ch. 1313, Sec. 2. )

    Verify source ↗

    Medical schools and clinical training programs in California may not deny elective clerkships or preceptorships just because a student is enrolled in an osteopathic medical school.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 3. License Required and Exemptions [2050 - 2078] ( Article 3 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2064.2. No medical school or clinical training program shall deny access to elective clerkships or preceptorships in any medical school or clinical training program in this state solely on the basis that a student is enrolled in an osteopathic medical school. Any violation of this section or Section 2064.1 may be enjoined in an action brought in the name of the people of the State of California by the district attorney of the county in which the violation occurs, upon receipt of a complaint by an aggrieved student. (Added by Stats. 1989, Ch. 425, Sec. 1.)
  86. 2064.3.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 3. License Required and Exemptions [2050 - 2078] ( Article 3 added by Stats. 1980, Ch. 1313, Sec. 2. )

    Verify source ↗

    Medical degree programs at public and private postsecondary institutions cannot deny admission to eligible students because of citizenship or immigration status, subject to a stated exception.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 3. License Required and Exemptions [2050 - 2078] ( Article 3 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2064.3. (a) Notwithstanding any other law, except as specified in subdivision (b), no student, including a person without lawful immigration status, a person who is exempt from nonresident tuition pursuant to Section 68130.5 of the Education Code, or a person who is both without lawful immigration status and exempt from nonresident tuition pursuant to Section 68130.5 of the Education Code, who meets the requirements for admission to a medical degree program at any public or private postsecondary educational institution that offers that program shall be denied admission to that program based on the student’s citizenship status or immigration status. (b) Except for students granted status pursuant to Section 1101(a)(15)(T) or (U) of Title 8 of the United States Code, this section shall not apply to a person excluded from the term “immigrant,” for purposes of the federal Immigration and Nationality Act (8 U.S.C. Sec. 1101), pursuant to paragraph (15) of subdivision (a) of Section 1101 of Title 8 of the United States Code, as that paragraph exists on January 1, 2017. (Amended by Stats. 2021, Ch. 296, Sec. 2. (AB 1096) Effective January 1, 2022.)
  87. 2064.4.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 3. License Required and Exemptions [2050 - 2078] ( Article 3 added by Stats. 1980, Ch. 1313, Sec. 2. )

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    A healing arts residency training program with unpaid participants cannot deny admission to a qualifying student based on citizenship or immigration status, subject to a stated exception.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 3. License Required and Exemptions [2050 - 2078] ( Article 3 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2064.4. (a) Notwithstanding any other law, except as specified in subdivision (b), no student, including a person without lawful immigration status, a person who is exempt from nonresident tuition pursuant to Section 68130.5 of the Education Code, or a person who is both without lawful immigration status and exempt from nonresident tuition pursuant to Section 68130.5 of the Education Code, who meets the requirements for admission to a healing arts residency training program whose participants are not paid shall be denied admission to that program based on the student’s citizenship status or immigration status. (b) Except for students granted status pursuant to Section 1101(a)(15)(T) or (U) of Title 8 of the United States Code, this section shall not apply to a person excluded from the term “immigrant,” for purposes of the federal Immigration and Nationality Act (8 U.S.C. Section 1101), pursuant to paragraph (15) of subdivision (a) of Section 1101 of Title 8 of the United States Code, as that paragraph exists on January 1, 2017. (Amended by Stats. 2021, Ch. 296, Sec. 3. (AB 1096) Effective January 1, 2022.)
  88. 2064.5.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 3. License Required and Exemptions [2050 - 2078] ( Article 3 added by Stats. 1980, Ch. 1313, Sec. 2. )

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    Medical school graduates in a board-approved postgraduate training program must get a postgraduate training license within 180 days, and applicants must meet board application, exam, fee, and background requirements.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 3. License Required and Exemptions [2050 - 2078] ( Article 3 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2064.5. (a) Within 180 days after beginning a board-approved postgraduate training program pursuant to Section 2065, medical school graduates shall obtain a physician’s and surgeon’s postgraduate training license. To be considered for a postgraduate training license, the applicant shall submit the application forms and primary source documents required by the board, shall successfully pass all required licensing examinations, shall pay a nonrefundable application and processing fee, and shall not have committed any act that would be grounds for denial. (1) Each application submitted pursuant to this section shall be made upon an online electronic form, or another form provided by the board, and each application form shall contain a legal verification by the applicant certifying under penalty of perjury that the information provided by the applicant is true and correct and that any information in supporting documents provided by the applicant is true and correct. (2) Each application shall include the following: (A) A diploma issued by a board-approved medical school. The requirements of the school shall not have been less than those required under this chapter at the time the diploma was granted or by any preceding medical practice act at the time that the diploma was granted. In lieu of a diploma, the applicant may submit evidence satisfactory to the board of having possessed the same. (B) An official transcript or other official evidence satisfactory to the board showing each approved medical school in which a resident course of professional instruction was pursued covering the minimum requirements for certification as a physician and surgeon, and that a diploma and degree were granted by the school. (C) Other information concerning the professional instruction and preliminary education of the applicant as the board may require. (D) An affidavit showing to the satisfaction of the board that the applicant is the person named in each diploma and transcript that the applicant submits, that the applicant is the lawful holder thereof, and that the diploma or transcript was procured in the regular course of professional instruction and examination without fraud or misrepresentation. (E) Either fingerprint cards or a copy of a completed Live Scan form from the applicant. (F) If the medical school graduate graduated from a foreign medical school approved by the board pursuant to Section 2084, an official Educational Commission for Foreign Medical Graduates (ECFMG) Certification Status Report confirming the graduate is ECFMG certified. (b) Any physician’s and surgeon’s postgraduate training license in an active status issued on or after January 1, 2020, shall be valid for a period of 36 months. The physician’s and surgeon’s postgraduate training licensee may engage in the practice of medicine only in connection with the licensee’s duties as an intern or resident physician in a board-approved program, including its affiliated sites, or under those conditions as are approved in writing and maintained in the postgraduate licensee’s file by the director of the program. (c) The postgraduate training licensee may engage in the practice of medicine in locations authorized by subdivision (b), and as permitted by the Medical Practice Act and other applicable statutes and regulations, including, but not limited to, the following: (1) Diagnose and treat patients. (2) Prescribe medications without a cosigner, including prescriptions for controlled substances, if the licensee has the appropriate Drug Enforcement Agency registration or permit and is registered with the Department of Justice CURES program. (3) Sign birth certificates without a cosigner. (4) Sign death certificates without a cosigner. (5) Sign any other forms a physician and surgeon is authorized to sign. (d) The postgraduate training licensee may be disciplined by the board at any time for any of the grounds that would subject the holder of a physician’s and surgeon’s certificate to discipline. (e) If the medical school graduate fails to obtain a postgraduate license within 180 days after beginning a board-approved postgraduate training program or if the board denies the graduate’s application for a postgraduate license, all privileges and exemptions under this section shall automatically cease. (f) Each medical school graduate who was issued a postgraduate training authorization letter by the board prior to January 1, 2020, and is enrolled in a board-approved postgraduate training program by April 30, 2025, will be issued a postgraduate training license automatically by June 30, 2020, or by June 30 of the year following initial enrollment into a board-approved postgraduate training program, whichever is earlier, upon proof of enrollment in the postgraduate training program. (g) The board shall confidentially destroy the file of each medical school graduate who was issued a postgraduate training authorization letter by the board prior to January 1, 2020, who did not enroll in a postgraduate training program by April 30, 2025. (h) The Medical Board of California and the Osteopathic Medical Board of California shall submit to the Department of Justice fingerprint images and related information required by the Department of Justice of all applicants for the postgraduate training license, as defined in this section, to determine whether the applicant has a criminal conviction record in this state or in any other jurisdiction, including foreign countries, pursuant to Section 2042. The Department of Justice shall provide a state- and federal-level response in accordance with subdivision (p) of Section 11105 of the Penal Code for the board to determine whether the applicant is subject to denial of licensure under the provisions of Division 1.5 (commencing with Section 475) and Section 2221. (Amended by Stats. 2025, Ch. 113, Sec. 2. (SB 160) Effective September 17, 2025.)
  89. 2064.6.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 3. License Required and Exemptions [2050 - 2078] ( Article 3 added by Stats. 1980, Ch. 1313, Sec. 2. )

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    Some postgraduate training license expiration dates are extended to March 31, 2024.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 3. License Required and Exemptions [2050 - 2078] ( Article 3 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2064.6. Notwithstanding subdivision (b) of Section 2064.5, the expiration date for any postgraduate training license that expires after June 1, 2023, and before December 31, 2023, shall be extended to March 31, 2024. (Added by Stats. 2023, Ch. 196, Sec. 3. (SB 143) Effective September 13, 2023.)
  90. 2064.7.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 3. License Required and Exemptions [2050 - 2078] ( Article 3 added by Stats. 1980, Ch. 1313, Sec. 2. )

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    The board may deny or place a postgraduate training license applicant on probation, and it must deny the license to certain applicants required to register under Penal Code section 290, subject to a narrow exception.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 3. License Required and Exemptions [2050 - 2078] ( Article 3 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2064.7. (a) The board may deny a postgraduate training license to an applicant guilty of unprofessional conduct or of any cause that would subject a licensee to revocation or suspension of his or her license. The board, in its sole discretion, may issue a probationary postgraduate training license to an applicant subject to terms and conditions, including, but not limited to, any of the following conditions of probation: (1) Limitations on practice. (2) Total or partial restrictions on drug prescribing privileges for controlled substances. (3) Continuing medical or psychiatric treatment. (4) Ongoing participation in a specified rehabilitation program. (5) Abstention from the use of alcohol or drugs. (6) Restrictions against engaging in certain types of medical practice. (7) Compliance with all provisions of this chapter. (8) Payment of the cost of probation monitoring. (b) The decision placing the applicant on probation shall be disclosed to an inquiring member of the public indefinitely and shall be posted on the board’s Internet Web site for the period of probation. (c) The board may modify or terminate the terms and conditions imposed on the probationary postgraduate training license after one year upon receipt of a petition from the postgraduate training licensee. The board may assign the petition to an administrative law judge designated in Section 11371 of the Government Code. After a hearing on the petition, the administrative law judge shall provide a proposed decision to the board. (d) The board shall deny a postgraduate training license to an applicant who is required to register pursuant to Section 290 of the Penal Code. This subdivision does not apply to an applicant who is required to register as a sex offender pursuant to Section 290 of the Penal Code solely because of a misdemeanor conviction under Section 314 of the Penal Code. (e) An applicant shall not be eligible to reapply for a postgraduate training license for a minimum of three years from the effective date of the denial of his or her application, except that the board may, in its discretion and for good cause demonstrated, permit reapplication after not less than one year has elapsed from the effective date of the denial. (f) This section shall become operative on January 1, 2020. (Added by Stats. 2017, Ch. 775, Sec. 26. (SB 798) Effective January 1, 2018. Section operative January 1, 2020, by its own provisions.)
  91. 2064.8.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 3. License Required and Exemptions [2050 - 2078] ( Article 3 added by Stats. 1980, Ch. 1313, Sec. 2. )

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    The board may issue a postgraduate training license to certain applicants with minor violations and may also issue a public reprimand.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 3. License Required and Exemptions [2050 - 2078] ( Article 3 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2064.8. (a) Notwithstanding subdivision (a) of Section 2064.7, the board may issue a postgraduate training license to an applicant who has committed minor violations that the board deems, in its discretion, do not merit the denial of a postgraduate training license or require probationary status under Section 2064.7, and may concurrently issue a public letter of reprimand. The public reprimand may include a requirement that the licensee complete relevant educational courses approved by the board. (b) A public letter of reprimand issued concurrently with a postgraduate training license shall be purged three years from the date of issuance. (c) A public letter of reprimand issued pursuant to this section shall be disclosed to an inquiring member of the public and shall be posted on the board’s Internet Web site until purged consistent with this section. (d) Nothing in this section shall be construed to affect the board’s authority to issue an unrestricted postgraduate training license. (e) This section shall become operative on January 1, 2020. (Added by Stats. 2017, Ch. 775, Sec. 27. (SB 798) Effective January 1, 2018. Section operative January 1, 2020, by its own provisions.)
  92. 2065.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 3. License Required and Exemptions [2050 - 2078] ( Article 3 added by Stats. 1980, Ch. 1313, Sec. 2. )

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    This section generally bars certain trainees from practicing medicine or getting paid for it unless they hold a valid board-issued physician’s and surgeon’s certificate, while creating training-related exceptions and reporting duties.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 3. License Required and Exemptions [2050 - 2078] ( Article 3 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2065. (a) Unless otherwise provided by law, a postgraduate training licensee, intern, resident, postdoctoral fellow, or instructor shall not engage in the practice of medicine, or receive compensation therefor, or offer to engage in the practice of medicine unless they hold a valid, unrevoked, and unsuspended physician’s and surgeon’s certificate issued by the board. However, a graduate of an approved medical school may engage in the practice of medicine whenever and wherever required as a part of a postgraduate training program under the following conditions: (1) The medical school graduate has taken and passed the board-approved medical licensing examinations required to qualify the applicant to participate in an approved postgraduate training program. (2) If the medical school graduate graduated from a foreign medical school approved by the board pursuant to Section 2084, the Educational Commission for Foreign Medical Graduates (ECFMG) has submitted an official ECFMG Certification Status Report directly to the board confirming the graduate is ECFMG certified. (3) The medical school graduate is enrolled in a postgraduate training program approved by the board. (4) The board-approved postgraduate training program has submitted the required board-approved form to the board documenting the medical school graduate is enrolled in an approved postgraduate training program. (5) The medical school graduate obtains a physician’s and surgeon’s postgraduate training license in accordance with Section 2064.5. (b) A medical school graduate enrolled in an approved postgraduate training program in accordance with this section may engage in the practice of medicine whenever and wherever required as a part of the training program, and may receive compensation for that practice. (c) A graduate from a medical school approved pursuant to Section 2084 who is engaged in an Accreditation Council for Graduate Medical Education (ACGME)-accredited postgraduate training program outside of California may, as a participant in guest rotations in an approved postgraduate training program in California or a participating training site affiliated with an ACGME-accredited program, engage in the practice of medicine whenever and wherever required as part of that training program, not to exceed a total of 90 days for all rotations, and may receive compensation for that practice without obtaining a physician’s and surgeon’s postgraduate training license in accordance with Section 2064.5. (d) All approved postgraduate training the medical school graduate has successfully completed in the United States or Canada shall count toward the postgraduate training requirement to obtain a physician’s and surgeon’s license under Section 2096. (e) The program director for an approved postgraduate training program in California shall report to the board, on a form approved by the board, and provide any supporting documents as required by the board, the following actions within 30 days of the action: (1) A postgraduate training licensee is notified that they have received partial or no credit for a period of postgraduate training, and their postgraduate training period is extended. (2) A postgraduate training licensee takes a leave of absence or any break from their postgraduate training, and they are notified that their postgraduate training period is extended. (3) A postgraduate training licensee is terminated from the postgraduate training program. (4) A postgraduate training licensee resigns, dies, or otherwise leaves the postgraduate training program. (5) A postgraduate training licensee has completed a one-year contract approved by the postgraduate training program. (f) Upon review of supporting documentation, the board, in its discretion, may grant an extension beyond 36 months to a postgraduate training licensee who graduated from a medical school approved by the board pursuant to Section 2084 to receive credit for the 12 months of required approved postgraduate training for graduates of medical schools in the United States and Canada and 24 months of required approved postgraduate training for graduates of foreign medical schools other than Canadian medical schools. (g) An applicant for a physician’s and surgeon’s license who has either graduated from medical school in the United States or Canada and has received 12 months credit of board-approved postgraduate training in another state or in Canada, or has graduated from a foreign medical school approved by the board pursuant to Section 2084 and has received 24 months credit of board-approved postgraduate training and who is accepted into an approved postgraduate training program in California shall obtain their physician’s and surgeon’s license within 180 days after beginning that postgraduate training program or all privileges and exemptions under this section shall automatically cease. (h) Upon review of supporting documentation, the board, in its discretion, may grant a physician’s and surgeon’s license to an applicant who demonstrates substantial compliance with this section. (Amended by Stats. 2023, Ch. 294, Sec. 8.5. (SB 815) Effective January 1, 2024.)
  93. 20650.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 6.7. Video Games [20650- 20650.] ( Chapter 6.7 added by Stats. 2004, Ch. 630, Sec. 1. )

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    Video game retailers must post a consumer information sign about game ratings and provide rating-system information on request.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 6.7. Video Games [20650- 20650.] ( Chapter 6.7 added by Stats. 2004, Ch. 630, Sec. 1. ) ## 20650. (a) For the purposes of this subdivision, the following terms have the following meanings: (1) “Video game retailer” means a person who sells or rents video games to the public. (2) “Video game” means an object or device that stores recorded data or instructions, receives data or instructions generated by a person who uses it, and, by processing the data or instructions, creates an interactive game capable of being played, viewed, or experienced on or through a computer, gaming system, console, or other technology. (b) Every video game retailer shall post a sign providing information to consumers about a video game rating system or notifying consumers that a rating system is available to aid in the selection of a game. The sign shall be posted within the retail establishment in a prominent area. (c) A video game retailer shall make available to consumers, upon request, information that explains the video game rating system. (Added by Stats. 2004, Ch. 630, Sec. 1. Effective January 1, 2005.)
  94. 2066.5.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 3. License Required and Exemptions [2050 - 2078] ( Article 3 added by Stats. 1980, Ch. 1313, Sec. 2. )

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    This section sets rules for UCLA’s international medical graduate program, including participant eligibility, clinical instruction limits, supervision, written affiliation agreements, and reporting to the board.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 3. License Required and Exemptions [2050 - 2078] ( Article 3 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2066.5. (a) The program authorized by this section shall be known and may be cited as the University of California at Los Angeles David Geffen School of Medicine’s International Medical Graduate Program. (b) Nothing in this chapter shall be construed to prohibit a foreign medical graduate from engaging in the practice of medicine when required as part of the program authorized by this section. (c) There is currently a preresidency training program at the University of California, Los Angeles David Geffen School of Medicine, Department of Family Medicine, hereafter referred to as UCLA, for selected international medical graduates (IMGs). Participation in the program authorized by this section shall be at the option of UCLA. This section authorizes those IMGs, through the program authorized by this section, to receive, through the existing program, hands-on clinical instruction. The program, as administered by UCLA, shall include all of the following elements: (1) Each program participant shall have done all of the following: (A) Graduated from a medical school recognized by the Medical Board of California at the time of selection. (B) Taken and passed the United States Medical Licensing Examination Steps 1 and 2 (Clinical Knowledge and Clinical Science). (C) Submitted an application and materials to the Educational Commission for Foreign Medical Graduates. (2) A program participant shall receive all clinical instruction at health care facilities operated by the University of California, Los Angeles, or other approved UCLA-designated teaching sites, which shall be hospitals or clinics with either a signed formal affiliation agreement with UCLA or a signed letter of agreement. (3) Participation of a trainee in clinical instruction offered by the program shall not generally exceed 16 weeks. However, at the discretion of UCLA, an additional eight weeks of clinical instruction may be granted. In no event shall a participant receive more than 24 weeks of clinical instruction under the program. (4) The clinical instruction shall be supervised by licensed physicians on faculty at UCLA or faculty affiliated with UCLA as specified in an approved affiliation agreement between UCLA and the affiliated entity. (5) The clinical instruction shall be provided pursuant to written affiliation agreements for clinical instruction of trainees established by UCLA. (6) The supervising faculty shall evaluate each participant on a regular basis and shall document the completion of each aspect of the clinical instruction portion of the program for each participant. (d) UCLA shall provide the board with the names of the participants in the program on an annual basis, or more frequently if necessary to maintain accuracy. Upon a reasonable request of the board, UCLA shall provide additional information such as the courses successfully completed by program participants, the dates of instruction, and other relevant information. (Amended by Stats. 2018, Ch. 144, Sec. 1. (AB 2311) Effective January 1, 2019.)
  95. 2068.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 3. License Required and Exemptions [2050 - 2078] ( Article 3 added by Stats. 1980, Ch. 1313, Sec. 2. )

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    People may provide nutritional advice, but anyone doing so in commercial practice must post a required notice at the place of business.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 3. License Required and Exemptions [2050 - 2078] ( Article 3 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2068. This chapter shall not be construed to prohibit any person from providing nutritional advice or giving advice concerning proper nutrition. However, this section confers no authority to practice medicine or surgery or to undertake the prevention, treatment, or cure of disease, pain, injury, deformity, or physical or mental conditions or to state that any product might cure any disease, disorder, or condition in violation of any provision of law. For purposes of this section the terms “providing nutritional advice or giving advice concerning proper nutrition” means the giving of information as to the use and role of food and food ingredients, including dietary supplements. Any person in commercial practice providing nutritional advice or giving advice concerning proper nutrition shall post in an easily visible and prominent place the following statement in his or her place of business: “NOTICE” “State law allows any person to provide nutritional advice or give advice concerning proper nutrition—which is the giving of advice as to the role of food and food ingredients, including dietary supplements. This state law does NOT confer authority to practice medicine or to undertake the diagnosis, prevention, treatment, or cure of any disease, pain, deformity, injury, or physical or mental condition and specifically does not authorize any person other than one who is a licensed health practitioner to state that any product might cure any disease, disorder, or condition.” The notice required by this section shall not be smaller than 81/2 inches by 11 inches and shall be legibly printed with lettering no smaller than1/2 inch in length, except the lettering of the word “NOTICE” shall not be smaller than 1 inch in length. (Added by Stats. 1980, Ch. 1313, Sec. 2.)
  96. 2069.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 3. License Required and Exemptions [2050 - 2078] ( Article 3 added by Stats. 1980, Ch. 1313, Sec. 2. )

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    Medical assistants may perform only specified injections, skin tests, and supportive services under required authorization and supervision; some tasks may be delegated through written instructions, but local anesthetics and certain other actions are barred.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 3. License Required and Exemptions [2050 - 2078] ( Article 3 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2069. (a) (1) Notwithstanding any other law, a medical assistant may administer medication only by intradermal, subcutaneous, or intramuscular injections and perform skin tests and additional technical supportive services upon the specific authorization and supervision of a licensed physician and surgeon or a licensed podiatrist. A medical assistant may also perform all these tasks and services upon the specific authorization of a physician assistant, a nurse practitioner, or a certified nurse-midwife. (2) The supervising physician and surgeon may, at his or her discretion, in consultation with the nurse practitioner, certified nurse-midwife, or physician assistant, provide written instructions to be followed by a medical assistant in the performance of tasks or supportive services. These written instructions may provide that the supervisory function for the medical assistant for these tasks or supportive services may be delegated to the nurse practitioner, certified nurse-midwife, or physician assistant within the standardized procedures or protocol, and that tasks may be performed when the supervising physician and surgeon is not onsite, if either of the following apply: (A) The nurse practitioner or certified nurse-midwife is functioning pursuant to standardized procedures, as defined by Section 2725, or protocol. The standardized procedures or protocol, including instructions for specific authorizations, shall be developed and approved by the supervising physician and surgeon and the nurse practitioner or certified nurse-midwife. (B) The physician assistant is functioning pursuant to regulated services defined in Section 3502, including instructions for specific authorizations, and is approved to do so by the supervising physician and surgeon. (b) As used in this section and Sections 2070 and 2071, the following definitions apply: (1) “Medical assistant” means a person who may be unlicensed, who performs basic administrative, clerical, and technical supportive services in compliance with this section and Section 2070 for a licensed physician and surgeon or a licensed podiatrist, or group thereof, for a medical or podiatry corporation, for a physician assistant, a nurse practitioner, or a certified nurse-midwife as provided in subdivision (a), or for a health care service plan, who is at least 18 years of age, and who has had at least the minimum amount of hours of appropriate training pursuant to standards established by the board. The medical assistant shall be issued a certificate by the training institution or instructor indicating satisfactory completion of the required training. A copy of the certificate shall be retained as a record by each employer of the medical assistant. (2) “Specific authorization” means a specific written order prepared by the supervising physician and surgeon or the supervising podiatrist, or the physician assistant, the nurse practitioner, or the certified nurse-midwife as provided in subdivision (a), authorizing the procedures to be performed on a patient, which shall be placed in the patient’s medical record, or a standing order prepared by the supervising physician and surgeon or the supervising podiatrist, or the physician assistant, the nurse practitioner, or the certified nurse-midwife as provided in subdivision (a), authorizing the procedures to be performed, the duration of which shall be consistent with accepted medical practice. A notation of the standing order shall be placed on the patient’s medical record. (3) “Supervision” means the supervision of procedures authorized by this section by the following practitioners, within the scope of their respective practices, who shall be physically present in the treatment facility during the performance of those procedures: (A) A licensed physician and surgeon. (B) A licensed podiatrist. (C) A physician assistant, nurse practitioner, or certified nurse-midwife as provided in subdivision (a). (4) (A) “Technical supportive services” means simple routine medical tasks and procedures that may be safely performed by a medical assistant who has limited training and who functions under the supervision of a licensed physician and surgeon or a licensed podiatrist, or a physician assistant, a nurse practitioner, or a certified nurse-midwife as provided in subdivision (a). (B) Notwithstanding any other law, in a facility licensed by the California State Board of Pharmacy under Section 4180 or 4190, other than a facility operated by the state, “technical supportive services” also includes handing to a patient a prepackaged prescription drug, excluding a controlled substance, that is labeled in compliance with Section 4170 and all other applicable state and federal laws and ordered by a licensed physician and surgeon, a licensed podiatrist, a physician assistant, a nurse practitioner, or a certified nurse-midwife in accordance with subdivision (a). In every instance, prior to handing the medication to a patient pursuant to this subparagraph, the properly labeled and prepackaged prescription drug shall have the patient’s name affixed to the package and a licensed physician and surgeon, a licensed podiatrist, a physician assistant, a nurse practitioner, or a certified nurse-midwife shall verify that it is the correct medication and dosage for that specific patient and shall provide the appropriate patient consultation regarding use of the drug. (c) Nothing in this section shall be construed as authorizing any of the following: (1) The licensure of medical assistants. (2) The administration of local anesthetic agents by a medical assistant. (3) The board to adopt any regulations that violate the prohibitions on diagnosis or treatment in Section 2052. (4) A medical assistant to perform any clinical laboratory test or examination for which he or she is not authorized by Chapter 3 (commencing with Section 1200). (5) A nurse practitioner, certified nurse-midwife, or physician assistant to be a laboratory director of a clinical laboratory, as those terms are defined in paragraph (8) of subdivision (a) of Section 1206 and subdivision (a) of Section 1209. (d) A nurse practitioner, certified nurse-midwife, or physician assistant shall not authorize a medical assistant to perform any clinical laboratory test or examination for which the medical assistant is not authorized by Chapter 3 (commencing with Section 1200). A violation of this subdivision constitutes unprofessional conduct. (e) Notwithstanding any other law, a medical assistant shall not be employed for inpatient care in a licensed general acute care hospital, as defined in subdivision (a) of Section 1250 of the Health and Safety Code. (Amended by Stats. 2014, Ch. 333, Sec. 1. (AB 1841) Effective January 1, 2015.)
  97. 207.

    ## Business and Professions Code - BPC ## DIVISION 1. DEPARTMENT OF CONSUMER AFFAIRS [100 - 472.5] ( Heading of Division 1 amended by Stats. 1973, Ch. 77. ) ## CHAPTER 3. Funds of the Department [200 - 211] ( Chapter 3 enacted by Stats. 1937, Ch. 399. )

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    Certain funds tied to Section 205 penalties and cost recovery are not continuously appropriated, and spending from non-continuously appropriated money requires legislative appropriation.

    ## Business and Professions Code - BPC ## DIVISION 1. DEPARTMENT OF CONSUMER AFFAIRS [100 - 472.5] ( Heading of Division 1 amended by Stats. 1973, Ch. 77. ) ## CHAPTER 3. Funds of the Department [200 - 211] ( Chapter 3 enacted by Stats. 1937, Ch. 399. ) ## 207. (a) Notwithstanding any other provision of law, the money in any fund described in Section 205 that is attributable to administrative fines, civil penalties, and criminal penalties imposed by a regulating entity, or cost recovery by a regulating entity from enforcement actions and case settlements, shall not be continuously appropriated. The money in each fund that is not continuously appropriated shall be available for expenditure as provided in this code only upon appropriation by the Legislature. (b) Notwithstanding any other provision of law, the annual Budget Act may appropriate, in a single budget item for each individual fund described in subdivision (a) of Section 205, the entire amount available for expenditure in the budget year for that fund. That appropriation may include funds that are continuously appropriated and funds that are not continuously appropriated. (Amended by Stats. 2015, Ch. 428, Sec. 3. (AB 177) Effective January 1, 2016.)
  98. 2070.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 3. License Required and Exemptions [2050 - 2078] ( Article 3 added by Stats. 1980, Ch. 1313, Sec. 2. )

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    A medical assistant may do venipuncture or skin puncture to withdraw blood only with specific authorization, supervision, and required training. The training provider must issue a completion certificate, and each employer must keep a copy on record.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 3. License Required and Exemptions [2050 - 2078] ( Article 3 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2070. Notwithstanding any other provision of law, a medical assistant may perform venipuncture or skin puncture for the purposes of withdrawing blood upon specific authorization and under the supervision of a licensed physician and surgeon or a licensed podiatrist, or a physician assistant, a nurse practitioner, or a nurse-midwife as provided in subdivision (a) of Section 2069, if prior thereto the medical assistant has had at least the minimum amount of hours of appropriate training pursuant to standards established by the Division of Licensing. The medical assistant shall be issued a certificate by the training institution or instructor indicating satisfactory completion of the training required. A copy of the certificate shall be retained as a record by each employer of the medical assistant. (Amended by Stats. 2001, Ch. 358, Sec. 3. Effective January 1, 2002.)
  99. 20700.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 7. Industrial Hygienist Definition and Registration Act [20700 - 20705] ( Chapter 7 added by Stats. 1993, Ch. 1021, Sec. 1. ) ## ARTICLE 1. General Provisions [20700- 20700.] ( Article 1 added by Stats. 1993, Ch. 1021, Sec. 1. )

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    This section defines “industrial hygiene,” “certified industrial hygienist (CIH),” and “industrial hygiene certification organization,” and requires the organization to have its certifying exams evaluated and keep certification criteria at least equivalent to the American Board of Industrial Hygiene.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 7. Industrial Hygienist Definition and Registration Act [20700 - 20705] ( Chapter 7 added by Stats. 1993, Ch. 1021, Sec. 1. ) ## ARTICLE 1. General Provisions [20700- 20700.] ( Article 1 added by Stats. 1993, Ch. 1021, Sec. 1. ) ## 20700. As used in this chapter: (a) “Industrial hygiene” means the science and art devoted to the anticipation, recognition, evaluation, and control of environmental factors or stresses which may cause sickness, impaired health and well-being, or significant discomfort and inefficiency among workers or among the citizens of a community. (b) “Certified industrial hygienist (CIH)” means a person who has met the education, experience, and examination requirements of an industrial hygiene certification organization. (c) “Industrial hygiene certification organization” means a professional organization of certified industrial hygienists that has been established to improve the practice and educational standards of the profession of industrial hygiene through a certification process, by certifying industrial hygienists through an examination administered by the certification organization. The organization shall have the certifying examinations evaluated by a national testing service and shall maintain certification criteria that are at least the equivalent of the American Board of Industrial Hygiene. (Added by Stats. 1993, Ch. 1021, Sec. 1. Effective January 1, 1994.)
  100. 20701.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 7. Industrial Hygienist Definition and Registration Act [20700 - 20705] ( Chapter 7 added by Stats. 1993, Ch. 1021, Sec. 1. ) ## ARTICLE 2. Certification Stamp [20701 - 20702] ( Article 2 added by Stats. 1993, Ch. 1021, Sec. 1. )

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    A certified industrial hygienist may obtain a stamp from an industrial hygiene certification organization.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 7. Industrial Hygienist Definition and Registration Act [20700 - 20705] ( Chapter 7 added by Stats. 1993, Ch. 1021, Sec. 1. ) ## ARTICLE 2. Certification Stamp [20701 - 20702] ( Article 2 added by Stats. 1993, Ch. 1021, Sec. 1. ) ## 20701. A certified industrial hygienist may obtain a stamp from an industrial hygiene certification organization, which shall include a number that uniquely identifies and bears the name of that certified industrial hygienist. The stamp certifies that the industrial hygienist has successfully passed an industrial hygiene examination and met the certification maintenance requirements required and approved by the industrial hygiene certification organization . (Added by Stats. 1993, Ch. 1021, Sec. 1. Effective January 1, 1994.)
  101. 20702.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 7. Industrial Hygienist Definition and Registration Act [20700 - 20705] ( Chapter 7 added by Stats. 1993, Ch. 1021, Sec. 1. ) ## ARTICLE 2. Certification Stamp [20701 - 20702] ( Article 2 added by Stats. 1993, Ch. 1021, Sec. 1. )

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    Certified industrial hygienists must stamp and sign reports, opinions, and official documents prepared for submission to an employer, government agency, or other consumer.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 7. Industrial Hygienist Definition and Registration Act [20700 - 20705] ( Chapter 7 added by Stats. 1993, Ch. 1021, Sec. 1. ) ## ARTICLE 2. Certification Stamp [20701 - 20702] ( Article 2 added by Stats. 1993, Ch. 1021, Sec. 1. ) ## 20702. All reports, opinions, or official documents prepared for submission to an employer, government agency, or other consumer by any certified industrial hygienist shall be affixed by a stamp, as specified in Section 20701, and signed by that certified industrial hygienist. (Added by Stats. 1993, Ch. 1021, Sec. 1. Effective January 1, 1994.)
  102. 20703.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 7. Industrial Hygienist Definition and Registration Act [20700 - 20705] ( Chapter 7 added by Stats. 1993, Ch. 1021, Sec. 1. ) ## ARTICLE 3. Professional Practice [20703- 20703.] ( Article 3 added by Stats. 1993, Ch. 1021, Sec. 1. )

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    State and local government entities may not regulate the practice of industrial hygiene by certified industrial hygienists, unless state statute specifically authorizes regulation of a particular activity.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 7. Industrial Hygienist Definition and Registration Act [20700 - 20705] ( Chapter 7 added by Stats. 1993, Ch. 1021, Sec. 1. ) ## ARTICLE 3. Professional Practice [20703- 20703.] ( Article 3 added by Stats. 1993, Ch. 1021, Sec. 1. ) ## 20703. No entity of state or local government shall by rule or otherwise regulate the practice of industrial hygiene by any certified industrial hygienist, except where authorized by state statute to regulate a specific activity that may include the practice of industrial hygiene. (Added by Stats. 1993, Ch. 1021, Sec. 1. Effective January 1, 1994.)
  103. 20704.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 7. Industrial Hygienist Definition and Registration Act [20700 - 20705] ( Chapter 7 added by Stats. 1993, Ch. 1021, Sec. 1. ) ## ARTICLE 4. Unfair Business Practices [20704- 20704.] ( Article 4 added by Stats. 1993, Ch. 1021, Sec. 1. )

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    A person may not hold themselves out as a “certified industrial hygienist” or “CIH” unless they comply with the chapter’s requirements.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 7. Industrial Hygienist Definition and Registration Act [20700 - 20705] ( Chapter 7 added by Stats. 1993, Ch. 1021, Sec. 1. ) ## ARTICLE 4. Unfair Business Practices [20704- 20704.] ( Article 4 added by Stats. 1993, Ch. 1021, Sec. 1. ) ## 20704. It is an unfair business practice for any person to represent themselves as a “certified industrial hygienist” or a “CIH” unless they comply with the requirements of this chapter. (Added by Stats. 1993, Ch. 1021, Sec. 1. Effective January 1, 1994.)
  104. 20705.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 7. Industrial Hygienist Definition and Registration Act [20700 - 20705] ( Chapter 7 added by Stats. 1993, Ch. 1021, Sec. 1. ) ## ARTICLE 5. Exemptions [20705- 20705.] ( Article 5 added by Stats. 1993, Ch. 1021, Sec. 1. )

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    This section lists activities the act does not prohibit, including licensed practice by already regulated persons, qualifying experience or apprenticeship, and supervised student practice.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 7. Industrial Hygienist Definition and Registration Act [20700 - 20705] ( Chapter 7 added by Stats. 1993, Ch. 1021, Sec. 1. ) ## ARTICLE 5. Exemptions [20705- 20705.] ( Article 5 added by Stats. 1993, Ch. 1021, Sec. 1. ) ## 20705. This act shall not prohibit: (a) Any person legally regulated in this state under any other licensing act or regulation from engaging in the activities permitted under his or her license, provided he or she does not represent himself or herself as a certified industrial hygienist or CIH. (b) Professional experience or apprenticeship performed in order to meet certification requirements in this chapter. (c) The practice of a student pursuing a course of professional education under the terms of this chapter, if these activities and services constitute a part of the student’s supervised course of study. (Added by Stats. 1993, Ch. 1021, Sec. 1. Effective January 1, 1994.)
  105. 2071.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 3. License Required and Exemptions [2050 - 2078] ( Article 3 added by Stats. 1980, Ch. 1313, Sec. 2. )

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    The board must adopt and administer regulations setting standards for technical supportive services a medical assistant may perform, and it may amend or repeal regulations covering medical assistants.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 3. License Required and Exemptions [2050 - 2078] ( Article 3 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2071. The board shall adopt and administer regulations that establish standards for technical supportive services that may be performed by a medical assistant. Nothing in this section shall prohibit the board from amending or repealing regulations covering medical assistants. The board shall, prior to the adoption of any regulations, request recommendations regarding these standards from appropriate public agencies, including, but not limited to, the California State Board of Optometry, the Board of Registered Nursing, the Board of Vocational Nursing and Psychiatric Technicians, the Laboratory Field Services division of the State Department of Public Health, those divisions of the State Department of Education that pertain to private postsecondary education and career and vocational preparation, the Chancellor of the California Community Colleges, the California Board of Podiatric Medicine, the Physician Assistant Examining Committee, and the Physical Therapy Board of California. The board shall also request recommendations regarding these standards from associations of medical assistants, physicians and surgeons, nurses, doctors of podiatric medicine, physician assistants, physical therapists, laboratory technologists, optometrists, and others as the board finds appropriate, including, but not limited to, the California Optometric Association, the California Nurses Association, the California Medical Association, the California Society of Medical Assistants, the California Medical Assistants Association, and the California Physical Therapy Association. Nothing in this section shall be construed to supersede or modify that portion of the Administrative Procedure Act that relates to the procedure for the adoption of regulations and which is set forth in Article 5 (commencing with Section 11346) of Chapter 3.5 of Part 1 of Division 3 of Title 2 of the Government Code. (Amended by Stats. 2021, Ch. 630, Sec. 16. (AB 1534) Effective January 1, 2022.)
  106. 2074.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 3. License Required and Exemptions [2050 - 2078] ( Article 3 added by Stats. 1980, Ch. 1313, Sec. 2. )

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    This section allows an optometrist licensed under Chapter 7, or an optometric corporation certificated under that chapter, to employ a licensed physician and surgeon who practices ophthalmology.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 3. License Required and Exemptions [2050 - 2078] ( Article 3 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2074. Nothing in this chapter shall prohibit the employment of a licensed physician and surgeon practicing in the specialty of ophthalmology by an optometrist licensed under the provisions of Chapter 7 (commencing with Section 3000) or by an optometric corporation certificated under that chapter. (Added by Stats. 1980, Ch. 1313, Sec. 2.)
  107. 2075.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 3. License Required and Exemptions [2050 - 2078] ( Article 3 added by Stats. 1980, Ch. 1313, Sec. 2. )

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    Certain licensed acupuncture practitioners may perform acupuncture for scientific research in approved school programs if supervised by a licensed physician and surgeon; schools doing that research must report annually to the Legislature.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 3. License Required and Exemptions [2050 - 2078] ( Article 3 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2075. The performance of acupuncture by a certified acupuncturist or other licentiate legally authorized to practice acupuncture within his or her scope of practice or a person licensed or certified in another state to perform acupuncture or other forms of traditional Asian medicine, alone or in conjunction with other forms of traditional Asian medicine, when carried on in a program affiliated with and under the jurisdiction of an approved medical school or approved acupuncture school, for the primary purpose of scientific investigation of acupuncture, shall not be in violation of this chapter, but those procedures shall be carried on only under the supervision of a licensed physician and surgeon. Any medical school or approved acupuncture school conducting research into acupuncture under this section shall report to the Legislature annually on the fifth legislative day of the regular session of the Legislature concerning the results of that research, the suitability of acupuncture as a therapeutic technique, and performance standards for persons who perform acupuncture. (Amended by Stats. 2005, Ch. 649, Sec. 2. Effective January 1, 2006.)
  108. 2076.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 3. License Required and Exemptions [2050 - 2078] ( Article 3 added by Stats. 1980, Ch. 1313, Sec. 2. )

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    Out-of-state physicians and surgeons are exempt from this section’s licensure requirements when they are traveling with a sports team for a specific sporting event in this state and meet the listed conditions.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 3. License Required and Exemptions [2050 - 2078] ( Article 3 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2076. (a) Notwithstanding any other provision of law, a physician and surgeon who is licensed to practice medicine in another state or country shall be exempt from licensure requirements under this act while practicing medicine in this state if all of the following conditions are met: (1) The physician and surgeon has an oral or written agreement with a sports team to provide general or emergency medical care to the team members, coaching staff, and families traveling with the team for a specific sporting event to take place in this state. (2) Except as provided in Section 2058 or 2060, the physician and surgeon may not provide care or consultation to any person residing in this state, other than a person described in paragraph (1). (b) The exemption shall remain in force while the physician and surgeon is traveling with the team, but shall be no longer than 10 days per individual sporting event. (c) The executive director may grant a physician and surgeon additional time for exemption, up to 20 additional days per sporting event, upon prior request by the physician and surgeon. The total number of days a physician may be exempt, including additional time granted upon request, may not exceed 30 days per sporting event. (d) A physician and surgeon who is exempt from licensure requirements under this section is not authorized to practice medicine at a health care clinic or facility, including an acute care facility. (Added by Stats. 2003, Ch. 78, Sec. 1. Effective January 1, 2004.)
  109. 2076.5.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 3. License Required and Exemptions [2050 - 2078] ( Article 3 added by Stats. 1980, Ch. 1313, Sec. 2. )

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    Some out-of-state or foreign physicians may be exempt from California licensure when invited by the U.S. Olympic Committee and certified to the board, with a 90-day maximum. A responsible team manager may also consent to medical care for a minor team member in the specified Olympic event context.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 3. License Required and Exemptions [2050 - 2078] ( Article 3 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2076.5. (a) Notwithstanding any other provision of law, a physician and surgeon lawfully practicing medicine in another state or country may be exempted from licensure while practicing medicine in this state under the following conditions: (1) The physician and surgeon has been invited by the United States Olympic Committee to provide medical services at training sites designated by the olympic training center or to provide medical services at an event in this state sanctioned by the committee. (2) The United States Olympic Committee certifies to the board the name of the physician and surgeon, the state or country of the applicant’s licensure, and the dates within which the applicant has been invited to provide medical services. (3) The physician and surgeon’s practice is limited to that required by the United States Olympic Committee. Those medical services shall be within the area of the physician’s and surgeon’s competence and shall only be provided to athletes or team personnel registered to train at the olympic training center or registered to compete in an event conducted under the sanction of the United States Olympic Committee. (b) The exemption provided in this section shall remain in force while the holder is providing medical services at the invitation of the United States Olympic Committee and only during the time certified to the board, but in no event longer than 90 days. (c) Notwithstanding any other provision of law, the official team manager who is responsible for any team member participating in events at the invitation of the United States Olympic Committee in California may give consent to the furnishing of hospital, medical, and surgical care to a minor who is a team member and that consent shall not be subject to disaffirmance because of minority. The consent of the parent, or parents, of that person shall not be necessary in order to authorize hospital, medical, and surgical care. (Amended by Stats. 1997, Ch. 654, Sec. 2. Effective January 1, 1998.)
  110. 2077.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 3. License Required and Exemptions [2050 - 2078] ( Article 3 added by Stats. 1980, Ch. 1313, Sec. 2. )

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    A physician and surgeon may delegate certain orthopaedic medical tasks to trained orthopaedic physician assistants under supervision, and qualifying assistants are exempt from physician assistant licensure for those delegated tasks.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 3. License Required and Exemptions [2050 - 2078] ( Article 3 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2077. (a) Notwithstanding any other provision of law, a physician and surgeon may delegate various orthopaedic medical tasks to individuals who have completed training as orthopaedic physician assistants and who are working under the supervision and direction of a physician and surgeon. Those assistants who perform only those tasks which may under existing law be so delegated shall not be required to be licensed as physician assistants under Chapter 7.7 (commencing with Section 3500). (b) As used in this section, “orthopaedic physician assistant” means an individual who meets all of the following requirements: (1) Successful completion of training as an orthopaedic physician assistant from an approved California orthopaedic physician assistant’s program in any year between 1971 and 1974, inclusive. As used in this section, “approved California orthopaedic physician assistant’s program” means an orthopaedic physician assistant’s course of training that has been accredited by the American Medical Association Council on Medical Education. (2) Continuous experience as an orthopaedic physician assistant upon completion of the program described in paragraph (1), which may include experience in the United States Armed Services. (3) Successful fulfillment of the certification requirements of the National Board for Certification of Orthopaedic Physician Assistants. (c) Nothing in this section shall authorize any individual to hold himself or herself out as a licensed physician assistant in violation of Section 3503. (Added by Stats. 1996, Ch. 1030, Sec. 1. Effective January 1, 1997.)
  111. 2078.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 3. License Required and Exemptions [2050 - 2078] ( Article 3 added by Stats. 1980, Ch. 1313, Sec. 2. )

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    A physician must give written FDA-approval disclosure before treating with a DMSO preparation, and must get informed consent before using DMSO for nonapproved purposes. The patient must sign a written consent form and receive a copy.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 3. License Required and Exemptions [2050 - 2078] ( Article 3 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2078. (a) As used in this section, “DMSO” means dimethyl sulfoxide. (b) A licensed physician and surgeon shall, prior to treating a patient with a DMSO preparation, inform the patient in writing if DMSO has not been approved as a treatment or cure by the Food and Drug Administration for the disorder for which it is being prescribed. (c) If DMSO is prescribed for any purpose other than for those purposes approved pursuant to Section 111550 of the Health and Safety Code, informed consent shall first be obtained from the patient. As used in this subdivision, “informed consent” means the authorization given by the patient for treatment with DMSO after each of the following conditions have been satisfied: (1) The patient is informed verbally, in nontechnical terms, about all of the following: (A) A description of treatment procedures to be used in administering DMSO. (B) A description of any attendant discomfort and risks to the patient that can be reasonably expected from treatment with DMSO. (C) An explanation of any benefits to the patient that can be reasonably expected. (D) An explanation of any appropriate alternative procedures, drugs, or devices that might be advantageous to the patient, and their relative risks and benefits. (E) An offer to answer any inquiries concerning the treatment of the procedures involved. (2) The patient signs and dates a written consent form acknowledging that disclosure has been given pursuant to paragraph (1), and acknowledging consent to treatment with DMSO pursuant to this section. The patient shall be provided with a copy of the signed and dated form. (d) An organized health care system may require that the administration of DMSO within the organized health care system be performed pursuant to standardized procedures developed by the organized health care system through collaboration among administrators and health professionals. (Added by Stats. 1996, Ch. 890, Sec. 1. Effective January 1, 1997.)
  112. 208.

    ## Business and Professions Code - BPC ## DIVISION 1. DEPARTMENT OF CONSUMER AFFAIRS [100 - 472.5] ( Heading of Division 1 amended by Stats. 1973, Ch. 77. ) ## CHAPTER 3. Funds of the Department [200 - 211] ( Chapter 3 enacted by Stats. 1937, Ch. 399. )

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    Certain licensees must pay an annual $15 CURES fee, collected at license renewal, unless a stated exemption applies.

    ## Business and Professions Code - BPC ## DIVISION 1. DEPARTMENT OF CONSUMER AFFAIRS [100 - 472.5] ( Heading of Division 1 amended by Stats. 1973, Ch. 77. ) ## CHAPTER 3. Funds of the Department [200 - 211] ( Chapter 3 enacted by Stats. 1937, Ch. 399. ) ## 208. (a) Beginning April 1, 2025, a Controlled Substance Utilization Review and Evaluation System (CURES) fee of fifteen dollars ($15) shall be assessed annually on each of the licensees specified in subdivision (b) to pay the reasonable costs associated with operating and maintaining CURES for the purpose of regulating those licensees. The fee assessed pursuant to this subdivision shall be billed and collected by the regulating agency of each licensee at the time of the licensee’s license renewal. If the reasonable regulatory cost of operating and maintaining CURES is less than fifteen dollars ($15) per licensee, the Department of Consumer Affairs, by regulation, may reduce the fee established by this section to the reasonable regulatory cost. (b) (1) Licensees authorized pursuant to Section 11150 of the Health and Safety Code to prescribe, order, administer, furnish, or dispense Schedule II, Schedule III, or Schedule IV controlled substances or pharmacists licensed pursuant to Chapter 9 (commencing with Section 4000) of Division 2. (2) Licensees issued a license that has been placed in a retired or inactive status pursuant to a statute or regulation are exempt from the CURES fee requirement in subdivision (a). This exemption shall not apply to licensees whose license has been placed in a retired or inactive status if the licensee is at any time authorized to prescribe, order, administer, furnish, or dispense Schedule II, Schedule III, or Schedule IV controlled substances. (3) Wholesalers, third-party logistics providers, nonresident wholesalers, and nonresident third-party logistics providers of dangerous drugs licensed pursuant to Article 11 (commencing with Section 4160) of Chapter 9 of Division 2. (4) Nongovernmental clinics licensed pursuant to Article 13 (commencing with Section 4180) and Article 14 (commencing with Section 4190) of Chapter 9 of Division 2. (5) Nongovernmental pharmacies licensed pursuant to Article 7 (commencing with Section 4110) of Chapter 9 of Division 2. (c) The funds collected pursuant to subdivision (a) shall be deposited in the CURES Fund, which is hereby created within the State Treasury. Moneys in the CURES Fund, upon appropriation by the Legislature, shall be available to the Department of Consumer Affairs to reimburse the Department of Justice for costs to operate and maintain CURES for the purposes of regulating the licensees specified in subdivision (b). (d) The Department of Consumer Affairs shall contract with the Department of Justice on behalf of the Medical Board of California, the Dental Board of California, the California State Board of Pharmacy, the California Veterinary Medical Board, the Board of Registered Nursing, the Physician Assistant Board, the Osteopathic Medical Board of California, the California Board of Naturopathic Medicine, the State Board of Optometry, and the Podiatric Medical Board of California to operate and maintain CURES for the purposes of regulating the licensees specified in subdivision (b). (e) This section shall become operative on April 1, 2025. (Amended (as amended by Stats. 2024, Ch. 497, Sec. 5) by Stats. 2025, Ch. 67, Sec. 4. (AB 1170) Effective January 1, 2026.)
  113. 2080.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 4. Requirements for Licensure [2080 - 2099] ( Article 4 added by Stats. 1980, Ch. 1313, Sec. 2. )

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    Applicants for a physician’s and surgeon’s certificate must comply with this article’s requirements, unless a different specific chapter requirement applies.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 4. Requirements for Licensure [2080 - 2099] ( Article 4 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2080. (a) Except as otherwise provided, the provisions of this article applicable to applications generally shall apply to all certificates issued. (b) Every applicant for a physician’s and surgeon’s certificate shall comply with the requirements of this article unless other specific requirements of this chapter are applicable to a particular class of applicant. (Added by Stats. 1980, Ch. 1313, Sec. 2.)
  114. 2081.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 4. Requirements for Licensure [2080 - 2099] ( Article 4 added by Stats. 1980, Ch. 1313, Sec. 2. )

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    Applications must be filed on an electronic online form or another form provided by the board, and the applicant must verify the information under penalty of perjury.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 4. Requirements for Licensure [2080 - 2099] ( Article 4 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2081. Each application submitted shall be made upon an electronic online form, or on another form provided by the board, and each application form shall contain a legal verification by the applicant certifying under penalty of perjury that the information provided by the applicant is true and correct and that any information in supporting documents provided by the applicant is true and correct. (Amended by Stats. 2021, Ch. 649, Sec. 8. (SB 806) Effective January 1, 2022.)
  115. 2082.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 4. Requirements for Licensure [2080 - 2099] ( Article 4 added by Stats. 1980, Ch. 1313, Sec. 2. )

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    Applicants for a physician’s and surgeon’s certificate must include specified education, exam, training, identity, and fingerprint materials with their application.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 4. Requirements for Licensure [2080 - 2099] ( Article 4 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2082. (a) Each application shall include the following: (1) A diploma issued by an approved medical school. The requirements of the school shall have been at the time of granting the diploma in no degree less than those required under this chapter or by any preceding medical practice act at the time that the diploma was granted. In lieu of a diploma, the applicant may submit evidence satisfactory to the board of having possessed the same. (2) An official transcript or other official evidence satisfactory to the board showing each approved medical school in which a resident course of professional instruction was pursued covering the minimum requirements for certification as a physician and surgeon, and that a diploma and degree were granted by the school. (3) Other information concerning the professional instruction and preliminary education of the applicant as the board may require. (4) Proof of passage of the written examinations as provided under Article 9 (commencing with Section 2170) with a score acceptable to the board. (5) Proof of satisfactory completion of the postgraduate training required under Section 2096 on a form approved by the board. (6) An affidavit showing to the satisfaction of the board that the applicant is the person named in each diploma and transcript that they have submitted, that they are the lawful holder thereof, and that the diploma or transcript was procured in the regular course of professional instruction and examination without fraud or misrepresentation. (7) Either fingerprint cards or a copy of a completed Live Scan form from the applicant. (8) Beginning January 1, 2020, if the applicant attended a foreign medical school approved by the board pursuant to Section 2084, an official Educational Commission for Foreign Medical Graduates (ECFMG) Certification Status Report submitted by the Educational Commission for Foreign Medical Graduates confirming the graduate is ECFMG certified. (9) Beginning January 1, 2020, if the applicant attended a foreign medical school approved by the board pursuant to Section 2084, official evidence satisfactory to the board of completion of all formal requirements of the medical school for graduation, except the applicant shall not be required to have completed an internship or social service or be admitted or licensed to practice medicine in the country in which the professional instruction was completed. (b) The Medical Board of California and the Osteopathic Medical Board of California shall submit to the Department of Justice fingerprint images and related information required by the Department of Justice of all applicants for the physician’s and surgeon’s certificate, as defined by Section 2050, to determine whether the applicant has a criminal conviction record in this state or in any other jurisdiction, including foreign countries, pursuant to Section 2042. The Department of Justice shall provide a state- and federal-level response in accordance with subdivision (p) of Section 11105 of the Penal Code for the board to determine whether the applicant is subject to denial of licensure under the provisions of Division 1.5 (commencing with Section 475) and Section 2221. (Amended by Stats. 2025, Ch. 113, Sec. 3. (SB 160) Effective September 17, 2025.)
  116. 2083.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 4. Requirements for Licensure [2080 - 2099] ( Article 4 added by Stats. 1980, Ch. 1313, Sec. 2. )

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    Certificate applications must include the chapter fee and be filed with the Division of Licensing, unless subdivision (b) applies. A physician and surgeon may have the license fee waived if they certify to the Medical Board of California that the license is solely for voluntary, unpaid service.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 4. Requirements for Licensure [2080 - 2099] ( Article 4 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2083. (a) Except as provided in subdivision (b), each application for a certificate shall be accompanied by the fee required by this chapter and shall be filed with the Division of Licensing. (b) The license fee shall be waived for a physician and surgeon who certifies to the Medical Board of California that the issuance of the license is for the sole purpose of providing voluntary, unpaid service. (Amended by Stats. 2016, Ch. 239, Sec. 1. (SB 1261) Effective January 1, 2017.)
  117. 2084.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 4. Requirements for Licensure [2080 - 2099] ( Article 4 added by Stats. 1980, Ch. 1313, Sec. 2. )

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    The board must recognize certain foreign medical schools if they meet one of the listed requirements, and some accredited medical schools are deemed approved by the board.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 4. Requirements for Licensure [2080 - 2099] ( Article 4 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2084. (a) Medical schools accredited by a national accrediting agency approved by the board and recognized by the United States Department of Education shall be deemed approved by the board. (b) The board shall determine a foreign medical school to be a recognized medical school if the foreign medical school meets any of the following requirements: (1) The foreign medical school has been evaluated by the Educational Commission for Foreign Medical Graduates (ECFMG) or one of the ECFMG-authorized foreign medical school accreditation agencies and deemed to meet the minimum requirements substantially equivalent to the requirements of medical schools accredited by the Liaison Committee on Medical Education, the Committee on Accreditation of Canadian Medical Schools, or the Commission on Osteopathic College Accreditation. (2) The foreign medical school is listed on the World Federation for Medical Education (WFME) and the Foundation for Advancement of International Medical Education and Research (FAIMER) World Directory of Medical Schools joint directory or the World Directory of Medical Schools. (3) The foreign medical school had been previously approved by the board. The prior approval shall only be valid for a maximum of seven years from the date of enactment of this section. (c) This section shall become operative on January 1, 2020. (Repealed (in Sec. 35) and added by Stats. 2017, Ch. 775, Sec. 36. (SB 798) Effective January 1, 2018. Section operative January 1, 2020, by its own provisions.)
  118. 2084.5.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 4. Requirements for Licensure [2080 - 2099] ( Article 4 added by Stats. 1980, Ch. 1313, Sec. 2. )

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    Certain accredited medical schools or medical school programs are deemed to meet Section 2084’s requirements.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 4. Requirements for Licensure [2080 - 2099] ( Article 4 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2084.5. (a) Notwithstanding any other law, a medical school or medical school program accredited by the Liaison Committee on Medical Education, the Committee on Accreditation of Canadian Medical Schools, or the Commission on Osteopathic College Accreditation shall be deemed to meet the requirements of Section 2084. (b) This section shall become operative on January 1, 2020. (Repealed (in Sec. 37) and added by Stats. 2017, Ch. 775, Sec. 38. (SB 798) Effective January 1, 2018. Section operative January 1, 2020, by its own provisions.)
  119. 2086.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 4. Requirements for Licensure [2080 - 2099] ( Article 4 added by Stats. 1980, Ch. 1313, Sec. 2. )

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    The Division of Licensing may use medical consultants and investigators to review medical school curricula, and those consultants or investigators must meet reasonable experience and education standards set by the division.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 4. Requirements for Licensure [2080 - 2099] ( Article 4 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2086. The Division of Licensing may utilize medical consultants and investigators employed by the board pursuant to Section 2020 to evaluate the curricula of medical schools. A medical consultant or investigator shall meet such reasonable standards of experience and education, to be determined by the division, as will enable him or her to competently perform such duties of evaluation. (Added by Stats. 1980, Ch. 1313, Sec. 2.)
  120. 2087.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 4. Requirements for Licensure [2080 - 2099] ( Article 4 added by Stats. 1980, Ch. 1313, Sec. 2. )

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    If a licensure applicant is rejected by the board, the applicant may sue in superior court to seek a certificate or other relief, and the court must handle the case quickly under Section 1094.5 with no independent judgment on the evidence.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 4. Requirements for Licensure [2080 - 2099] ( Article 4 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2087. If any applicant for licensure is rejected by the board, then the applicant may commence an action in the superior court as provided in Section 2019 against the board to compel it to issue the applicant a certificate or for any other appropriate relief. If the applicant is denied a certificate on the grounds of unprofessional conduct, the provisions of Article 12 (commencing with Section 2220) shall apply. In such an action the court shall proceed under Section 1094.5 of the Code of Civil Procedure, except that the court may not exercise an independent judgment on the evidence. The action shall be speedily determined by the court and shall take precedence over all matters pending therein except criminal cases, applications for injunction, or other matters to which special precedence may be given by law. (Amended by Stats. 2017, Ch. 775, Sec. 40. (SB 798) Effective January 1, 2018.)
  121. 2088.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 4. Requirements for Licensure [2080 - 2099] ( Article 4 added by Stats. 1980, Ch. 1313, Sec. 2. )

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    Some applicants or licensees may get a limited physician and surgeon license if they pay the required fee and sign a board-prescribed agreement limiting their practice.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 4. Requirements for Licensure [2080 - 2099] ( Article 4 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2088. (a) An applicant for a physician’s and surgeon’s license or a physician’s and surgeon’s licensee who is otherwise eligible for that license but is unable to practice some aspects of medicine safely due to a disability may receive a limited license if he or she does both of the following: (1) Pays the appropriate initial or renewal license fee. (2) Signs an agreement on a form prescribed by the board in which the applicant or licensee agrees to limit his or her practice in the manner prescribed by the reviewing physician and agreed to by the board. (b) The board may require the applicant or licensee described in subdivision (a) to obtain an independent clinical evaluation of his or her ability to practice medicine safely as a condition of receiving a limited license under this section. (c) Any person who knowingly provides false information in the agreement submitted pursuant to subdivision (a) shall be subject to any sanctions available to the board. (Amended by Stats. 2016, Ch. 303, Sec. 1. (AB 2745) Effective January 1, 2017.)
  122. 209.

    ## Business and Professions Code - BPC ## DIVISION 1. DEPARTMENT OF CONSUMER AFFAIRS [100 - 472.5] ( Heading of Division 1 amended by Stats. 1973, Ch. 77. ) ## CHAPTER 3. Funds of the Department [200 - 211] ( Chapter 3 enacted by Stats. 1937, Ch. 399. )

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    The Department of Justice, together with the Department of Consumer Affairs and certain boards and committees, must create and implement a streamlined process for access to the CURES PDMP and related delegation and opt-out procedures.

    ## Business and Professions Code - BPC ## DIVISION 1. DEPARTMENT OF CONSUMER AFFAIRS [100 - 472.5] ( Heading of Division 1 amended by Stats. 1973, Ch. 77. ) ## CHAPTER 3. Funds of the Department [200 - 211] ( Chapter 3 enacted by Stats. 1937, Ch. 399. ) ## 209. The Department of Justice, in conjunction with the Department of Consumer Affairs and the boards and committees identified in subdivision (d) of Section 208, shall do all of the following: (a) Identify and implement a streamlined application and approval process to provide access to the CURES Prescription Drug Monitoring Program (PDMP) database for licensed health care practitioners eligible to prescribe, order, administer, furnish, or dispense Schedule II, Schedule III, or Schedule IV controlled substances and for pharmacists. Every reasonable effort shall be made to implement a streamlined application and approval process that a licensed health care practitioner or pharmacist can complete at the time that they are applying for licensure or renewing their license. (b) Identify necessary procedures to enable licensed health care practitioners and pharmacists with access to the CURES PDMP to delegate their authority to access reports from the CURES PDMP. (c) Develop a procedure to enable health care practitioners who do not have a federal Drug Enforcement Administration (DEA) number to opt out of applying for access to the CURES PDMP. (Amended by Stats. 2019, Ch. 677, Sec. 2. (AB 528) Effective January 1, 2020.)
  123. 2090.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 4. Requirements for Licensure [2080 - 2099] ( Article 4 added by Stats. 1980, Ch. 1313, Sec. 2. )

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    The board may not require certain license applicants to disclose health conditions that do not affect safe practice, but it may require disclosure of some treatment program participation, and it must provide information about probationary or limited practice licenses if an applicant says they currently have an impairing condition.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 4. Requirements for Licensure [2080 - 2099] ( Article 4 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2090. (a) The board shall not require an applicant for a physician’s and surgeon’s license or a physician’s and surgeon’s postgraduate training license to disclose either of the following: (1) A condition or disorder that does not impair the applicant’s ability to practice medicine safely. (2) A condition or disorder for which the applicant is receiving appropriate treatment and which, as a result of the treatment, does not impair the applicant’s ability to practice medicine safely. (b) This section does not prohibit the board from requiring an applicant to disclose participation in a mental health or substance use disorder treatment program, including an impaired practitioner program, resulting from an accusation or disciplinary action brought by a licensing board in or outside of California. (c) If an applicant discloses that they currently have a condition or disorder that impairs their ability to practice medicine safely, the board shall provide the applicant with information on the availability of a probationary or limited practice license. (Added by Stats. 2024, Ch. 952, Sec. 1. (AB 2164) Effective January 1, 2025.)
  124. 2092.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 4. Requirements for Licensure [2080 - 2099] ( Article 4 added by Stats. 1980, Ch. 1313, Sec. 2. )

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    The board must create a process that gives priority review to certain physician-and-surgeon certificate applications when the applicant shows an intent to practice in a medically underserved area or serve a medically underserved population.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 4. Requirements for Licensure [2080 - 2099] ( Article 4 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2092. (a) The board shall develop a process to give priority review status to the application of an applicant for a physician and surgeon’s certificate who can demonstrate that they intend to practice in a medically underserved area or serve a medically underserved population as defined in Section 128552 of the Health and Safety Code. (b) An applicant may demonstrate their intent to practice in a medically underserved area or serve a medically underserved population by providing proper documentation, including, but not limited to, a letter from the employer indicating that the applicant has accepted employment and stating the start date. (Amended by Stats. 2022, Ch. 625, Sec. 3. (SB 1443) Effective January 1, 2023.)
  125. 2096.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 4. Requirements for Licensure [2080 - 2099] ( Article 4 added by Stats. 1980, Ch. 1313, Sec. 2. )

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    Applicants for a physician’s and surgeon’s license must prove required board-approved postgraduate training before the board may issue the license.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 4. Requirements for Licensure [2080 - 2099] ( Article 4 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2096. (a) In addition to other requirements of this chapter, before a physician’s and surgeon’s license may be issued, each applicant, including an applicant applying pursuant to Article 5 (commencing with Section 2105), shall show by evidence satisfactory to the board that the applicant has received credit for at least 12 months of board-approved postgraduate training for graduates of medical schools in the United States and Canada or 24 months of board-approved postgraduate training for graduates of foreign medical schools approved by the board pursuant to Section 2084 other than Canadian medical schools, pursuant to the attestation of the program director, designated institutional official, or delegated authority for the approved postgraduate training program where the applicant participated. (b) The postgraduate training required by this section shall be obtained in a postgraduate training program approved by the Accreditation Council for Graduate Medical Education (ACGME) in the United States, the Royal College of Physicians and Surgeons of Canada (RCPSC) in Canada, or the College of Family Physicians of Canada (CFPC) in Canada. (Amended by Stats. 2023, Ch. 294, Sec. 9. (SB 815) Effective January 1, 2024.)
  126. 2097.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 4. Requirements for Licensure [2080 - 2099] ( Article 4 added by Stats. 1980, Ch. 1313, Sec. 2. )

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    Physicians and surgeons must show board-satisfactory proof of required postgraduate training to renew a license, and the board must mark a certificate delinquent if that proof is not shown on time.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 4. Requirements for Licensure [2080 - 2099] ( Article 4 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2097. (a) In addition to other requirements of this chapter, before a physician’s and surgeon’s license may be renewed, at the time of initial renewal, a physician and surgeon shall show evidence satisfactory to the board that the licensee has received credit for at least 36 months of board-approved postgraduate training, pursuant to the attestation of the program director, designated institutional official, or delegated authority for the approved postgraduate training program where the applicant participated, except licensees or applicants who meet the requirements of Section 2135, 2135.5, 2151, 2428, or by a licensee or applicant using clinical practice in an appointment under Section 2113 as qualifying time to meet the postgraduate training requirements in Section 2065. (b) A physician’s and surgeon’s certificate shall be automatically placed in delinquent status by the board if the holder of a physician’s and surgeon’s certificate does not show evidence satisfactory to the board that the physician and surgeon has received credit for at least 36 months of board-approved postgraduate training before the licensee’s initial license expiration. The board may grant an additional 60 days to the initial license expiration date authorized under Section 2423. (c) A licensee who has received credit for at least 24 months of approved postgraduate training in an oral and maxillofacial surgery postgraduate training program after receiving a medical degree from a combined dental and medical degree program accredited by the Commission on Dental Accreditation (CODA), shall show evidence of completion of this training satisfactory to the board at the time of initial renewal, before their physician’s and surgeon’s license may be renewed, pursuant to the attestation of the program director, designated institutional official, or delegated authority for the approved postgraduate training program where the licensee participated. (d) Upon review of supporting documentation, the board, in its discretion, may renew a physician’s and surgeon’s license to an applicant who has demonstrated substantial compliance with this section. (e) A physician whose license is canceled or who surrenders their license prior to meeting the renewal requirements under subdivision (a) may not have their license reinstated under Section 2428 without meeting current renewal requirements under subdivision (a), except licenses originally issued under Section 2135, 2135.5, 2151, or licensees that used qualifying time under Section 2113 to meet the postgraduate training requirements in Section 2065. (f) This section shall only apply to individuals issued a license by the board on or after January 1, 2022. (Amended by Stats. 2023, Ch. 294, Sec. 10. (SB 815) Effective January 1, 2024.)
  127. 2097.5.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 4. Requirements for Licensure [2080 - 2099] ( Article 4 added by Stats. 1980, Ch. 1313, Sec. 2. )

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    The board may renew certain physician and surgeon licenses based on postgraduate training, and requires reporting and proof of training in later renewals.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 4. Requirements for Licensure [2080 - 2099] ( Article 4 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2097.5. (a) (1) Notwithstanding Section 2097, a physician’s and surgeon’s license may be renewed for the first time if the board receives evidence satisfactory to the board that the licensee is enrolled in a California board-approved postgraduate training program at the time the license expires. (2) The relevant postgraduate training program director shall report to the board within 30 days, on a form approved by the board, if a licensee who renews their license pursuant to this subdivision is disenrolled from their training program for any reason, including, but not limited to, resignation, termination, or graduation. (b) If a physician’s and surgeon’s license is initially renewed pursuant to subdivision (a), then, at the time of their second renewal, in addition to any other requirements, the board shall require evidence satisfactory to the board that the licensee has received credit for at least 36 months of board-approved postgraduate training, pursuant to the attestation of the program director, designated institutional official, or delegated authority for the approved postgraduate training program where the applicant participated. A licensee who fails to meet the requirements of this subdivision shall be automatically placed in delinquent status by the board. (c) If a physician’s and surgeon’s license is initially renewed pursuant to subdivision (a) and the licensee is disenrolled from the relevant California board-approved postgraduate training program, the board may place the relevant license in delinquent status if the board does not receive evidence satisfactory to the board that the licensee has received credit for at least 36 months of board-approved postgraduate training. If placed on delinquent status, that license shall be returned to current status upon the board receiving evidence satisfactory to the board that the licensee is enrolled in a California board-approved postgraduate training program or has received credit for at least 36 months of board-approved postgraduate training before their license changes to canceled status, pursuant to Section 2428. Any license status change made pursuant to this subdivision shall not relieve the licensee of the license renewal requirements of subdivision (b). (d) (1) Notwithstanding any other law, the board shall issue an initial physician’s and surgeon’s license for a period of 26 months. (2) A renewed physician’s and surgeon’s license shall be subject to the requirements of Section 2423. (e) Upon review of supporting documentation, the board, in its discretion, may renew a physician’s and surgeon’s license for an applicant who has demonstrated substantial compliance with this section. (f) A physician whose license is canceled or who surrenders their license prior to meeting the renewal requirements of either subdivision (b) or (c) is subject to the reinstatement requirements of subdivision (e) of Section 2097. (g) (1) Except as provided in paragraph (2), this section only applies to individuals who are issued an initial physician’s and surgeon’s license by the board on or after January 1, 2022. (2) Paragraph (1) of subdivision (d) only applies to individuals who are issued an initial license on or after January 1, 2025. (h) This section shall not apply to the Osteopathic Medical Board of California. (Added by Stats. 2024, Ch. 481, Sec. 8. (SB 1451) Effective January 1, 2025.)
  128. 2099.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 4. Requirements for Licensure [2080 - 2099] ( Article 4 added by Stats. 1980, Ch. 1313, Sec. 2. )

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    The Division of Licensing may delegate approval authority for exam admissions and physician’s and surgeon’s certificates, including routine cases.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 4. Requirements for Licensure [2080 - 2099] ( Article 4 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2099. Notwithstanding any other provision of this chapter, the Division of Licensing may delegate to any member of the division its authority to approve the admission of candidates to examinations and to approve the issuance of physician’s and surgeon’s certificates to applicants who have met the specific requirements therefor. The division may further delegate to the executive director or other official of the board the authority to approve the admission of candidates to examinations and to approve the issuance of physician’s and surgeon’s certificates to applicants who have met the specific requirements therefor in routine cases to candidates and applicants who clearly meet the requirements of this chapter. (Added by Stats. 1980, Ch. 1313, Sec. 2.)
  129. 2099.5.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 4.5. Osteopathic Requirements for Licensure [2099.5 - 2099.6] ( Article 4.5 added by Stats. 1984, Ch. 184, Sec. 1. )

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    An applicant for an originating osteopathic physician’s and surgeon’s certificate must pass a written exam required by the Osteopathic Medical Board of California.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 4.5. Osteopathic Requirements for Licensure [2099.5 - 2099.6] ( Article 4.5 added by Stats. 1984, Ch. 184, Sec. 1. ) ## 2099.5. Notwithstanding any other provision of law, an originating license for an osteopathic physician’s and surgeon’s certificate issued by the Osteopathic Medical Board of California shall require a written examination that is either prepared or selected by the Osteopathic Medical Board of California. The written examination shall include osteopathic principles and practices and all applicable provisions of Article 4 (commencing with Section 2080). An applicant shall successfully complete the written examination, as determined by the board. (Amended by Stats. 2003, Ch. 789, Sec. 9. Effective January 1, 2004.)
  130. 2099.6.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 4.5. Osteopathic Requirements for Licensure [2099.5 - 2099.6] ( Article 4.5 added by Stats. 1984, Ch. 184, Sec. 1. )

    Verify source ↗

    The Osteopathic Medical Board of California must create a priority-review process for certain certificate applications when the applicant shows an intent to practice in a medically underserved area or serve a medically underserved population.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 4.5. Osteopathic Requirements for Licensure [2099.5 - 2099.6] ( Article 4.5 added by Stats. 1984, Ch. 184, Sec. 1. ) ## 2099.6. (a) The Osteopathic Medical Board of California shall develop a process to give priority review status to the application of an applicant for an osteopathic physician and surgeon’s certificate who can demonstrate that he or she intends to practice in a medically underserved area or serve a medically underserved population as defined in Section 128565 of the Health and Safety Code. (b) An applicant may demonstrate his or her intent to practice in a medically underserved area or serve a medically underserved population by providing proper documentation, including, but not limited to, a letter from the employer indicating that the applicant has accepted employment and stating the start date. (Added by Stats. 2013, Ch. 307, Sec. 2. (AB 1288) Effective January 1, 2014.)
  131. 20999.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 7.5. Franchises [20999 - 20999.4] ( Chapter 7.5 added by Stats. 1975, Ch. 640. )

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    This section defines key terms used in the chapter on fuel franchises.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 7.5. Franchises [20999 - 20999.4] ( Chapter 7.5 added by Stats. 1975, Ch. 640. ) ## 20999. For purposes of this chapter, the following terms shall have the following meanings: (a) “Franchise” means any contract between a refiner and a distributor, between a refiner and a retailer, between a distributor and another distributor, or between a distributor and a retailer, under which a refiner or distributor authorizes or permits a retailer or distributor to use, in connection with the sale, consignment, or distribution of gasoline, diesel, gasohol, or aviation fuel, a trademark which is owned or controlled by such refiner or by a refiner which supplies fuel to the distributor which authorizes or permits such use. The term “franchise” includes the following: (1) Any contract under which a retailer or distributor is authorized or permitted to occupy leased marketing premises, which premises are to be employed in connection with the sale, consignment, or distribution of fuel under a trademark which is owned or controlled by such refiner or by a refiner which supplies fuel to the distributor which authorizes or permits such occupancy. (2) Any contract pertaining to the supply of fuel which is to be sold, consigned, or distributed under a trademark owned or controlled by a refiner, or under a contract which has existed continuously since May 15, 1973, and pursuant to which, on May 15, 1973, fuel was sold, consigned, or distributed under a trademark owned and controlled on such date by a refiner. (3) The unexpired portion of any franchise, as defined by the preceding provisions of this paragraph, which is transferred or assigned as authorized by the provisions of such franchise or by any applicable provision of state law which permits such transfer or assignment without regard to any provision of the franchise. (b) “Franchise relationship” means the respective fuel marketing or distribution obligations and responsibilities of a franchisor and a franchisee which result from the marketing of fuel under a franchise. (c) “Franchisor” means a refiner or distributor who authorizes or permits, under a franchise, a retailer or distributor to use a trademark in connection with the sale, consignment, or distribution of fuel. (d) “Franchisee” means a retailer or distributor who is authorized or permitted, under a franchise, to use a trademark in connection with the sale, consignment, or distribution of fuel. (e) “Refiner” means any person engaged in the refining of crude oil to produce fuel, and includes any affiliate of such person. (f) “Distributor” means any person, including any affiliate of such person, who either purchases fuel for sale, consignment, or distribution to another, or receives fuel on consignment for consignment or distribution to his or her own fuel accounts or to accounts of his or her supplier, but shall not include a person who is an employee of, or merely serves as a common carrier providing transportation service for, such supplier. (g) “Retailer” means any person who purchases fuel for sale to the general public for ultimate consumption. (h) “Marketing premises” means, in the case of any franchise, premises which, under such franchise, are to be employed by the franchisee in connection with the sale, consignment, or distribution of fuel. (i) “Leased marketing premises” means marketing premises owned, leased, or in any way controlled by a franchisor and which the franchisee is authorized or permitted, under the franchise, to employ in connection with the sale, consignment, or distribution of fuel. (j) “Contract” means any oral or written agreement. For supply purposes, delivery levels during the same month of the previous year shall be prima facie evidence of an agreement to deliver such levels. (k) “Trademark” means any trademark, trade name, service mark, or other identifying symbol or name. (l) “Fuel” means gasoline, diesel, gasohol, or aviation fuel. (m) “Failure” does not include any failure for a cause beyond the reasonable control of either the franchise relationship or the franchisee. (n) “Fail to renew” and “nonrenewal” mean, with respect to any franchise relationship, a failure to reinstate, continue, or extend the franchise relationship at any of the following times: (1) At the conclusion of the term, or on the expiration date, stated in the relevant franchise. (2) At any time, in the case of the relevant franchise which does not state a term of duration or an expiration date. (3) Following a termination, on or after the effective date of this act, of the relevant franchise which was entered into prior to the effective date of this act and has not been renewed after that date. (o) “Affiliate” means any person who, other than by means of a franchise, controls, is controlled by, or is under common control with, any other person. (p) “Relevant geographic market area” includes this state or a standard metropolitan statistical area within this state which has been established by the United States Office of Management and Budget. (q) “Termination” includes cancellation. (Repealed and added by Stats. 1981, Ch. 90, Sec. 2.)
  132. 20999.1.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 7.5. Franchises [20999 - 20999.4] ( Chapter 7.5 added by Stats. 1975, Ch. 640. )

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    A franchisor may not end or refuse to renew an existing franchise unless there is good cause.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 7.5. Franchises [20999 - 20999.4] ( Chapter 7.5 added by Stats. 1975, Ch. 640. ) ## 20999.1. Notwithstanding the terms of any franchise, no franchisor shall terminate, cancel, or fail to or refuse to renew any existing franchise without good cause. As used in this section good cause is limited to the following: (a) The gasoline dealer or petroleum distributor failed to comply with essential and reasonable requirements of the franchise agreement; (b) The gasoline dealer or petroleum distributor failed to act in good faith in carrying out the terms of the franchise; or (c) The franchisor is withdrawing from the marketing location at which the franchise of a gasoline dealer is located, provided that the franchisor pays the gasoline dealer the current wholesale market value for all qualifying equipment and supplies purchased by the gasoline dealer from the franchisor or affiliate of the franchisor. This subdivision shall only apply to those gasoline dealer franchises which are entered into or renewed on or after January 1, 1979. As used in this subdivision, “qualifying equipment and supplies” means all equipment and supplies purchased by the gasoline dealer from the franchisor or an affiliate of the franchisor which is free and clear of all liens, security interests and other encumbrances, valued on a first-in, first-out basis, evidenced by receipted invoices, and is (i) in first-class and resalable condition, (ii) in the original packages or containers and (iii) bears the original labels and trademarks, and (iv) the goods display no evidence of deterioration. This subdivision shall not be construed to create any priority over any other debt between the parties to the franchise arising from the same franchise agreement. (d) For other legitimate business reasons (except that a termination, or cancellation of a franchise for the purpose of enabling the petroleum distributor or manufacturer to assume operation of the distributor’s or gasoline dealer’s business shall not be considered to be a legitimate business reason unless the gasoline dealer or distributor is paid reasonable compensation for the value of his franchise, including a reasonable amount for goodwill). (Amended by Stats. 1981, Ch. 90, Sec. 3.)
  133. 20999.2.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 7.5. Franchises [20999 - 20999.4] ( Chapter 7.5 added by Stats. 1975, Ch. 640. )

    Verify source ↗

    A petroleum distributor must not deny a gasoline dealer or prospective gasoline dealer the right to bring counsel or a personal representative to a meeting to negotiate franchise terms.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 7.5. Franchises [20999 - 20999.4] ( Chapter 7.5 added by Stats. 1975, Ch. 640. ) ## 20999.2. No petroleum distributor shall deny to any gasoline dealer or prospective gasoline dealer the right to be accompanied by counsel or a personal representative to any meeting held between the parties for the purpose of negotiating the terms of a franchise. (Added by Stats. 1978, Ch. 706.)
  134. 20999.25.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 7.5. Franchises [20999 - 20999.4] ( Chapter 7.5 added by Stats. 1975, Ch. 640. )

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    A franchisor may not sell, transfer, or assign its interest in certain leased marketing premises unless it first offers the interest to the franchisee or gives the franchisee a right of first refusal.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 7.5. Franchises [20999 - 20999.4] ( Chapter 7.5 added by Stats. 1975, Ch. 640. ) ## 20999.25. (a) In the case of leased marketing premises as to which the franchisor owns a fee interest, the franchisor shall not sell, transfer, or assign to another person the franchisor’s interest in the premises unless the franchisor has first either made a bona fide offer to sell, transfer, or assign to the franchisee the franchisor’s interest in the premises, other than signs displaying the franchisor’s insignia and any other trademarked, servicemarked, copyrighted or patented items of the franchisor, or, if applicable, offered to the franchisee a right of first refusal of any bona fide offer acceptable to the franchisor made by another to purchase the franchisor’s interest in the premises. (b) In the case of leased marketing premises which the franchisor leases from a third party, following notice by the franchisor to the franchisee of termination or nonrenewal of the franchise by reason of the expiration of the franchisor’s underlying lease from the third party, the franchisor shall, upon request by the franchisee and subject to the franchisee purchasing or leasing the premises from the third party prior to the date of termination or nonrenewal of the franchise set forth in the notice, make a bona fide offer to sell to the franchisee any interest the franchisor may have in the improvements on the premises, other than signs displaying the franchisor’s insignia and any other trademarked, servicemarked, copyrighted or patented items of the franchisor, at a price not to exceed the fair market value of the improvements or the book value, whichever is greater, or, if applicable, offer the franchisee a right of first refusal of any bona fide offer acceptable to the franchisor made by another to purchase the franchisor’s interest in the improvements. For the purposes of this subdivision, “book value” means actual cost less actual depreciation taken. (c) Nothing in this section shall be deemed to require a franchisor to continue an existing franchise agreement or to renew a franchise relationship if not otherwise required by federal law. (d) For the purposes of this section, the following terms shall have the following meanings: (1) “Marketing premises” means, in the case of any franchise, premises which, under such franchise, are to be employed by the franchisee in connection with the sale, consignment, or distribution of motor fuel. (2) “Leased marketing premises” means marketing premises owned, leased, or in any way controlled by a franchisor and which the franchisee is authorized or permitted, under the franchise, to employ in connection with the sale, consignment, or distribution of motor fuel. (Amended by Stats. 1985, Ch. 442, Sec. 1.)
  135. 20999.3.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 7.5. Franchises [20999 - 20999.4] ( Chapter 7.5 added by Stats. 1975, Ch. 640. )

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    A person who violates this chapter may be sued in superior court for injunctions, damages, and costs, and an enforcement action must be filed within the stated time limits.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 7.5. Franchises [20999 - 20999.4] ( Chapter 7.5 added by Stats. 1975, Ch. 640. ) ## 20999.3. (a) Any person who violates any provision of this chapter may be sued in the superior court in the county in which the defendant resides or where a franchise affected by the violation does business, for temporary and permanent injunctive relief and for damages, if any, and the costs of suit. (b) No action shall be maintained to enforce any liability created under any provision of this chapter unless brought before the expiration of two years after the violation upon which it is based or the expiration of one year after the discovery by the plaintiff of the facts constituting such violation, whichever occurs first. (Amended by Stats. 1981, Ch. 512, Sec. 2.)
  136. 20999.4.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 7.5. Franchises [20999 - 20999.4] ( Chapter 7.5 added by Stats. 1975, Ch. 640. )

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    If a franchisor plans to withdraw from fuel marketing in the relevant geographic market area, it must promptly notify the Governor and include a plan for the withdrawal schedule and conditions.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 7.5. Franchises [20999 - 20999.4] ( Chapter 7.5 added by Stats. 1975, Ch. 640. ) ## 20999.4. At such time as a franchisor intends to withdraw from the marketing of fuel through retail and distribution outlets in the relevant geographic market area, prompt notification, together with a plan describing the schedule and conditions of the withdrawal, shall be provided by the franchisor to the Governor. (Added by Stats. 1981, Ch. 90, Sec. 4.)
  137. 21.

    ## Business and Professions Code - BPC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1937, Ch. 399. )

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    This section defines “State” as California, and in a different U.S. context it includes the District of Columbia and the territories.

    ## Business and Professions Code - BPC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1937, Ch. 399. ) ## 21. “State” means the State of California, unless applied to the different parts of the United States. In the latter case, it includes the District of Columbia and the territories. (Enacted by Stats. 1937, Ch. 399.)
  138. 210.

    ## Business and Professions Code - BPC ## DIVISION 1. DEPARTMENT OF CONSUMER AFFAIRS [100 - 472.5] ( Heading of Division 1 amended by Stats. 1973, Ch. 77. ) ## CHAPTER 3. Funds of the Department [200 - 211] ( Chapter 3 enacted by Stats. 1937, Ch. 399. )

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    The department may contract for the BreEZe system only after waiting 30 days after written notice to specified legislative leaders, and it must later submit a workload report if it enters that contract.

    ## Business and Professions Code - BPC ## DIVISION 1. DEPARTMENT OF CONSUMER AFFAIRS [100 - 472.5] ( Heading of Division 1 amended by Stats. 1973, Ch. 77. ) ## CHAPTER 3. Funds of the Department [200 - 211] ( Chapter 3 enacted by Stats. 1937, Ch. 399. ) ## 210. (a) (1) The department may enter into a contract with a vendor for the BreEZe system, the integrated, enterprisewide enforcement case management and licensing system described in the department’s strategic plan, no sooner than 30 days after notification in writing to the chairpersons of the Appropriations Committees of each house of the Legislature and the Chairperson of the Joint Legislative Budget Committee. (2) The amount of BreEZe system vendor contract funds, authorized pursuant to this section, shall be consistent with the project costs approved by the office of the State Chief Information Officer based on its review and approval of the most recent BreEZe Special Project Report to be submitted by the department prior to contract award at the conclusion of procurement activities. (3) Paragraph (2) shall apply to all Budget Act items for the department that have an appropriation for the BreEZe system. (b) (1) If the department enters into a contract with a vendor for the BreEZe system pursuant to subdivision (a), the department shall, by December 31, 2014, submit to the Legislature, the Senate Committee on Business, Professions and Economic Development, the Assembly Committee on Business and Professions, and the budget committees of each house, a report analyzing the workload of licensing personnel employed by boards within the department participating in the BreEZe system. (2) A report to the Legislature pursuant to this subdivision shall be submitted in compliance with Section 9795 of the Government Code. (3) This subdivision shall become inoperative on December 1, 2018, pursuant to Section 10231.5 of the Government Code. (c) (1) Notwithstanding any other provision of law, upon the request of the Department of Consumer Affairs, the Department of Finance may augment the budgets of the boards, bureaus, commissions, committees, programs, and divisions that comprise the Department of Consumer Affairs, as defined in Section 101, for expenditure of non-General Fund moneys to pay BreEZe project costs. The augmentation may be made no sooner than 30 days after notification in writing to the chairpersons of the committees in each house of the Legislature that consider appropriations and the Chairperson of the Joint Legislative Budget Committee, or no sooner than whatever lesser time the chairperson of the joint committee may in each instance determine. The amount of funds augmented pursuant to the authority of this subdivision shall be consistent with project cost increases approved by the Secretary of California Technology based on the secretary’s review and approval of the most recent BreEZe Special Project Report to be submitted at the conclusion of procurement activities. This subdivision shall apply to all Budget Act items for the boards, bureaus, commissions, committees, programs, and divisions that comprise the Department of Consumer Affairs, as defined in Section 101, that have an appropriation for the BreEZe system in the Budget Act of 2011. (2) This subdivision shall become inoperative upon enactment of the Budget Act of 2012. (Amended by Stats. 2019, Ch. 351, Sec. 46. (AB 496) Effective January 1, 2020.)
  139. 211.

    ## Business and Professions Code - BPC ## DIVISION 1. DEPARTMENT OF CONSUMER AFFAIRS [100 - 472.5] ( Heading of Division 1 amended by Stats. 1973, Ch. 77. ) ## CHAPTER 3. Funds of the Department [200 - 211] ( Chapter 3 enacted by Stats. 1937, Ch. 399. )

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    If the department hires a third-party consultant to assess its operations, it must promptly submit the consultant’s final report to the Legislature’s appropriate policy committees, after removing information exempt from disclosure under the California Public Records Act.

    ## Business and Professions Code - BPC ## DIVISION 1. DEPARTMENT OF CONSUMER AFFAIRS [100 - 472.5] ( Heading of Division 1 amended by Stats. 1973, Ch. 77. ) ## CHAPTER 3. Funds of the Department [200 - 211] ( Chapter 3 enacted by Stats. 1937, Ch. 399. ) ## 211. If the department hires a third-party consultant to assess the department’s operations, the department shall, promptly upon receipt of the consultant’s final report on that assessment, submit that report to the appropriate policy committees of the Legislature after omitting any information that is not subject to disclosure under the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code). (Amended by Stats. 2021, Ch. 615, Sec. 4. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Section 463 of Stats. 2021, Ch. 615.)
  140. 21140.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 7.8. Franchise Dealers Fair Practices [21140 - 21149] ( Chapter 7.8 added by Stats. 1974, Ch. 498. )

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    This section defines key terms used in the chapter on franchise dealers and fuel sales.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 7.8. Franchise Dealers Fair Practices [21140 - 21149] ( Chapter 7.8 added by Stats. 1974, Ch. 498. ) ## 21140. For purposes of this chapter, the following terms shall have the following meanings: (a) “Franchise” means any contract between a refiner and a distributor, between a refiner and a retailer, between a distributor and another distributor, or between a distributor and a retailer, under which a refiner or distributor authorizes or permits a retailer or distributor to use, in connection with the sale, consignment, or distribution of gasoline, diesel, gasohol, or aviation fuel, a trademark which is owned or controlled by such refiner or by a refiner which supplies fuel to the distributor which authorizes or permits such use. The term “franchise” includes the following: (1) Any contract under which a retailer or distributor is authorized or permitted to occupy leased marketing premises, which premises are to be employed in connection with the sale, consignment, or distribution of fuel under a trademark which is owned or controlled by such refiner or by a refiner which supplies fuel to the distributor which authorizes or permits such occupancy. (2) Any contract pertaining to the supply of fuel which is to be sold, consigned, or distributed under a trademark owned or controlled by a refiner, or under a contract which has existed continuously since May 15, 1973, and pursuant to which, on May 15, 1973, fuel was sold, consigned, or distributed under a trademark owned and controlled on such date by a refiner. (3) The unexpired portion of any franchise, as defined by the preceding provisions of this paragraph, which is transferred or assigned as authorized by the provisions of such franchise or by any applicable provision of state law which permits such transfer or assignment without regard to any provision of the franchise. (b) “Franchisor” means a refiner or distributor who authorizes or permits, under a franchise, a retailer or distributor to use a trademark in connection with the sale, consignment, or distribution of fuel. (c) “Franchisee” means a retailer or distributor who is authorized or permitted, under a franchise, to use a trademark in connection with the sale, consignment, or distribution of fuel. (d) “Refiner” means any person engaged in the refining of crude oil to produce fuel, and includes any affiliate of such person. (e) “Distributor” means any person, including any affiliate of such person, who either purchases fuel for sale, consignment, or distribution to another, or receives fuel on consignment for consignment or distribution to his or her own fuel accounts or to accounts of his or her supplier, but shall not include a person who is an employee of, or merely serves as a common carrier providing transportation service for, such supplier. (f) “Retailer” means any person who purchases fuel for sale to the general public for ultimate consumption. (g) “Marketing premises” means, in the case of any franchise, premises which, under such franchise, are to be employed by the franchisee in connection with the sale, consignment, or distribution of fuel. (h) “Leased marketing premises” means marketing premises owned, leased, or in any way controlled by a franchisor and which the franchisee is authorized or permitted, under the franchise, to employ in connection with the sale, consignment, or distribution of fuel. (i) “Contract” means any oral or written agreement. For supply purposes, delivery levels during the same month of the previous year shall be prima facie evidence of an agreement to deliver such levels. (j) “Trademark” means any trademark, trade name, service mark, or other identifying symbol or name. (k) “Fuel” means gasoline, diesel, gasohol, or aviation fuel. (l) “Affiliate” means any person who, other than by means of a franchise, controls, is controlled by, or is under common control with, any other person. (Repealed and added by Stats. 1981, Ch. 90, Sec. 6.)
  141. 21140.1.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 7.8. Franchise Dealers Fair Practices [21140 - 21149] ( Chapter 7.8 added by Stats. 1974, Ch. 498. )

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    A franchisee may buy fuel from another source if the franchisor cannot or will not supply fuel, but must give written notice at least 48 hours before desired delivery and must post a public sign if selling fuel from another source.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 7.8. Franchise Dealers Fair Practices [21140 - 21149] ( Chapter 7.8 added by Stats. 1974, Ch. 498. ) ## 21140.1. Notwithstanding the terms of any franchise, a franchisee shall not be precluded from purchasing fuel from any available source if the franchisor is unable or refuses to supply the franchisee with fuel. Failure to deliver contracted, agreed upon, or requested quantities of fuel within 72 hours of such specified contract time, agreement, or request shall constitute an inability or refusal to supply a franchisee. Requests for deliveries of fuel may be telephoned to the franchisor, except that when the franchisee intends to seek fuel from another supplier pursuant to Section 21140.1 should the franchisor be unable or refuse to supply him or her, a request for fuel must be made in writing to a franchisor at least 48 hours before desired delivery. Once such notice has been given, and the franchisor has failed to deliver contracted, agreed upon, or requested quantities of fuel no further written request shall be required from the franchisee until such time as the franchisor notifies the franchisee in writing that the franchisor is prepared to deliver contracted, agreed upon, or requested quantities of fuel. Nondelivery of fuel by the franchisor due to accident, fire, theft or other similar acts shall not constitute an inability or refusal to supply the franchisee. If the franchisee sells fuel supplied from a source other than the franchisor, the franchisee shall prominently post a sign disclosing this fact to the public on each pump dispensing fuel purchased from other than the franchisor. The sign shall not be smaller than 8″ x 10″ with letters not less than three inches in height. This provision shall not be construed to permit a franchisee to purchase more fuel than may be allowed by any federal statute or regulation. (Amended by Stats. 1981, Ch. 90, Sec. 7.)
  142. 21140.2.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 7.8. Franchise Dealers Fair Practices [21140 - 21149] ( Chapter 7.8 added by Stats. 1974, Ch. 498. )

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    A franchisor may not require a franchisee to buy only the franchisor’s tires, batteries, motor oil, or other automotive accessories. A franchised retail gasoline dealer may sell any such items available for retail sale.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 7.8. Franchise Dealers Fair Practices [21140 - 21149] ( Chapter 7.8 added by Stats. 1974, Ch. 498. ) ## 21140.2. From the effective date of this section it shall be illegal for any franchisor by any action to require a franchisee to purchase only those tires, batteries, motor oil, and other automotive accessories sold by the franchisor. A franchised retail gasoline dealer may sell any tires, batteries, motor oil, and other automotive accessories as may be available to him or her for retail sale. (Amended by Stats. 1999, Ch. 523, Sec. 1. Effective January 1, 2000.)
  143. 21140.3.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 7.8. Franchise Dealers Fair Practices [21140 - 21149] ( Chapter 7.8 added by Stats. 1974, Ch. 498. )

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    Certain franchisor officers, representatives, or agents who negotiate contracts or coerce a franchisee in violation of this chapter can face a civil penalty of up to $100,000 per offense.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 7.8. Franchise Dealers Fair Practices [21140 - 21149] ( Chapter 7.8 added by Stats. 1974, Ch. 498. ) ## 21140.3. The franchisor’s executive officer, representative, or agent of the franchisor who negotiates any contract in violation of this chapter or who otherwise coerces a franchisee in violation of this chapter shall be subject to a civil penalty of up to one hundred thousand dollars ($100,000) for each offense. That penalty, reasonable attorney fees and costs of the suit shall be assessed and recovered in a civil action brought by the Attorney General or by any district attorney, county counsel, or city attorney in any court of competent jurisdiction. If brought by a district attorney or county counsel, the entire amount of the penalty shall be paid to the treasurer of the county in which the judgment was entered. If brought by the Attorney General, one-half of the penalty, attorney fees, and costs of the suit shall be paid to the treasurer of the county where the action was brought and one-half shall be paid to the State Treasurer. If brought by a city attorney, one-half of the penalty, attorney fees, and costs of the suit shall be paid to the treasurer of the county and one-half to the city. (Amended by Stats. 1999, Ch. 523, Sec. 2. Effective January 1, 2000.)
  144. 21140.4.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 7.8. Franchise Dealers Fair Practices [21140 - 21149] ( Chapter 7.8 added by Stats. 1974, Ch. 498. )

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    An injured person may sue for a violation of this chapter, recover treble damages, and receive attorneys’ fees and costs; the action must be filed within four years after the claim accrues.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 7.8. Franchise Dealers Fair Practices [21140 - 21149] ( Chapter 7.8 added by Stats. 1974, Ch. 498. ) ## 21140.4. Any person who is injured in his business or property by reason of a violation of this chapter may sue therefor in any court having jurisdiction in the county where the defendant resides or is found, or any agent resides or is found, or where service may be obtained, without respect to the amount in controversy, and to recover three times the damages sustained by him, and shall be awarded attorneys’ fees together with the costs of the suit. Any action brought pursuant to this section shall be commenced within four years after the cause of action accrued. (Added by Stats. 1974, Ch. 498.)
  145. 21140.6.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 7.8. Franchise Dealers Fair Practices [21140 - 21149] ( Chapter 7.8 added by Stats. 1974, Ch. 498. )

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    This section limits when a franchise agreement may end after a franchisee’s death and sets steps and deadlines for a successor-in-interest to take over the franchise.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 7.8. Franchise Dealers Fair Practices [21140 - 21149] ( Chapter 7.8 added by Stats. 1974, Ch. 498. ) ## 21140.6. (a) On and after January 1, 1980, it shall be unlawful to include in any franchise agreement any term which provides for the termination of the franchise by the franchisor upon the death of the franchisee if the franchisee, prior to his demise, designates a successor-in-interest in a form prescribed by and delivered to the franchisor. (b) For the purposes of this section, “successor-in-interest” shall be restricted to either a surviving spouse or adult child of the franchisee, provided that such spouse or child, at the time of the franchisee’s death, shall meet the reasonable qualifications then being required of dealers by the franchisor for the operation of such service stations. (c) This section shall not apply to a “trial franchise” as defined in the Petroleum Marketing Practices Act (Public Law 95-297). (d) The designated successor-in-interest shall be allowed 21 days after the death of the franchisee to give written notice of his or her election to assume and operate the franchise. The notification shall contain such information regarding business experience and creditworthiness as is reasonably required by the franchisor. The successor-in-interest must offer to assume the franchise in writing three days (excluding Saturdays, Sundays, and holidays) after such election and must commence operation of the franchise within 10 days after it has been assumed. (e) Franchisors may require that franchisees desiring to designate a successor-in-interest pursuant to this section deposit with the franchisor at the time of such designation such sum as would be reasonably estimated to be necessary to compensate the franchisor for rent for a period of 21 days. This deposit is intended to compensate the franchisor in the event the designated successor-in-interest fails for such period after the death of the franchisee to assume the franchise obligation. Any unearned portion of such deposit resulting from the successor-in-interest assuming responsibility for the franchise sooner than 21 days after the date of the franchisee’s death, or from the temporary operation of the facility by the franchisor during such 21 days, shall be refunded by the franchisor to the estate or legal representative of the deceased franchisee. In addition to such deposit, the franchisor may require a franchisee desiring to qualify under this section to arrange for the discharge or performance of other franchise obligations such as, but not limited to, insurance, but excluding any obligation to be open to the public, for a period of up to 21 days after his demise. (f) The franchise available to the successor-in-interest pursuant to this section is intended to be no greater than or less than the franchise as it existed in the name of the deceased franchisee at the time of such franchisee’s death. This section is not intended to expand or diminish the rights of franchisors or franchisees under either federal or state law. (g) A franchisee may designate a primary and one alternate successor-in-interest. The alternate, if one is designated, shall have no rights under this section in the event of any exercise of rights by the primary successor-in-interest. If an alternate desires to assume and operate the franchise in the event the primary successor-in-interest fails to do so, the alternate must give notice of such election and otherwise comply with paragraph (d) of this section. (h) Unless otherwise specifically provided herein, any actions to be performed by the franchisor or by the successor-in-interest hereunder shall in each instance be performed within a reasonable time. (i) Unless the franchisor otherwise agrees in writing, there shall be no operation of the franchise following the death of the franchisee by anyone (other than the franchisor for its own account) until all parts of the franchise have been expressly assumed as herein provided, including, but not limited to, such items as lease or leases, products agreement, loaned equipment agreement, federal and state environmental law compliance agreements, licensing, and tax permits. (j) Following the death of a franchisee, and prior to the operation of the franchise by the successor-in-interest as herein provided, the franchisor shall have the option to operate the franchise by contract or otherwise for its own account without obligation or duty to the heirs or estate of the deceased franchisee or to the successor-in-interest except for the obligation to account to the heirs or the estate of the deceased franchisee for the inapplicable portion of any prepaid rent or other sums prepaid to the franchisor, and for any physical inventory salvaged from the franchise and used or sold by the franchisor. (k) If the successor-in-interest assumes the franchise and there has been no intervening operation of the franchise by the franchisor, the successor-in-interest shall account to the heirs or estate of the deceased franchisee for the value or other disposition of personal property of the franchisee located at or related to the franchise. (l) The liability for failure to comply with this section shall be limited to those damages provided by Section 3300 of the Civil Code. Any action pursuant to this section shall be commenced within one year after the cause of action accrued. (m) In the event any provision of this section is deemed void or unenforceable, the remaining portions, to the extent severable, shall be given effect. (Added by Stats. 1979, Ch. 972.)
  146. 21148.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 7.8. Franchise Dealers Fair Practices [21140 - 21149] ( Chapter 7.8 added by Stats. 1974, Ch. 498. )

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    A franchisor generally cannot block a franchise sale, transfer, or assignment unless it gives written reasons within 45 days or a listed exception applies.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 7.8. Franchise Dealers Fair Practices [21140 - 21149] ( Chapter 7.8 added by Stats. 1974, Ch. 498. ) ## 21148. (a) Notwithstanding the terms of any franchise, a franchisor may not withhold its consent to the sale, transfer, or assignment of the franchise by the franchisee to another person unless the franchisor demonstrates in writing to the franchisee within 45 days of receiving the application, or required paperwork, from the potential buyer any of the following: (1) The proposed purchaser of the franchise has less business experience and training than that normally required by the franchisor of prospective franchisees. (2) The proposed purchaser of the franchise has less financial resources than that normally required by the franchisor of prospective franchisees. (3) The proposed purchaser of the franchise does not satisfy the then-current uniformly applied requirements, if any, of the franchisor applicable to prospective franchisees. (4) The proposed purchaser of the franchise operates a franchise under an agreement with a franchisor other than the franchisor to whom the sale, transfer, or assignment is proposed, if the then-current uniformly applied requirements, if any, of the franchisor precludes prospective franchisees from operating a franchise under an agreement with another franchisor. (5) The franchisee has not offered in writing to sell, transfer, or assign the franchise to the franchisor on terms and conditions which are the same as those of the sale, transfer, or assignment of the franchise to the proposed purchaser; and the franchisee has not allowed the franchisor at least 30 days in which to either accept or decline the franchisee’s written offer, prior to the sale, transfer, or assignment of the franchise to the proposed purchaser. (b) Notwithstanding the terms of any franchise, a franchisor may not withhold its consent to the sale, transfer, or assignment of the franchise by the franchisee to another person for the purposes of diminishing the market value of the franchise. (c) Notwithstanding the terms of any franchise, a franchisor may not withhold its consent to the sale, transfer, or assignment of the franchise by the franchisee to another person because that other person is of foreign origin or is non-English speaking as long as the prospective franchisee is able to adequately communicate with the franchisor and the appropriate federal, state, and local governmental agencies concerning matters of management, operations, environmental compliance, and public safety. (d) If the franchisor consents to the sale, transfer, or assignment of the franchise to a prospective purchaser, the franchisor may require the franchisee to pay a transfer fee to the franchisor, provided the amount of the fee is reasonable when compared to the sale price of the franchise and provided the fee is not required in an effort to frustrate the proposed sale. (Amended by Stats. 1999, Ch. 523, Sec. 3. Effective January 1, 2000.)
  147. 21149.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 7.8. Franchise Dealers Fair Practices [21140 - 21149] ( Chapter 7.8 added by Stats. 1974, Ch. 498. )

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    A franchisor may not stop a franchise from being sold, transferred, or assigned to a corporation if the franchisee controls that corporation and promises in writing to personally guarantee its obligations.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 7.8. Franchise Dealers Fair Practices [21140 - 21149] ( Chapter 7.8 added by Stats. 1974, Ch. 498. ) ## 21149. Notwithstanding the terms of any franchise, the franchisor may not prohibit or prevent the sale, transfer, or assignment of the franchise to a corporation if both of the following conditions are satisfied: (a) The franchisee has a controlling interest in the corporation. (b) The franchisee offers in writing to personally guarantee the corporation’s performance of its obligations under the franchise. (Added by Stats. 1980, Ch. 698, Sec. 2.)
  148. 21150.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 7.9. Hours of Business [21150 - 21150.1] ( Chapter 7.9 added by Stats. 1974, Ch. 1015. )

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    This section defines key terms used in the chapter on hours of business for fuel-related franchises.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 7.9. Hours of Business [21150 - 21150.1] ( Chapter 7.9 added by Stats. 1974, Ch. 1015. ) ## 21150. For purposes of this chapter, the following terms shall have the following meanings: (a) “Franchise” means any contract between a refiner and a distributor, between a refiner and a retailer, between a distributor and another distributor, or between a distributor and a retailer, under which a refiner or distributor authorizes or permits a retailer or distributor to use, in connection with the sale, consignment, or distribution of fuel, a trademark which is owned or controlled by such refiner or by a refiner which supplies fuel to the distributor which authorizes or permits such use. The term “franchise” includes the following: (1) Any contract under which a retailer or distributor is authorized or permitted to occupy leased marketing premises, which premises are to be employed in connection with the sale, consignment, or distribution of fuel under a trademark which is owned or controlled by such refiner or by a refiner which supplies fuel to the distributor which authorizes or permits such occupancy. (2) Any contract pertaining to the supply of fuel which is to be sold, consigned, or distributed under a trademark owned or controlled by a refiner, or under a contract which has existed continuously since May 15, 1973, and pursuant to which, on May 15, 1973, fuel was sold, consigned, or distributed under a trademark owned and controlled on such date by a refiner. (3) The unexpired portion of any franchise, as defined by the preceding provisions of this paragraph, which is transferred or assigned as authorized by the provisions of such franchise or by any applicable provision of state law which permits such transfer or assignment without regard to any provision of the franchise. (b) “Franchisor” means a refiner or distributor who authorizes or permits, under a franchise, a retailer or distributor to use a trademark in connection with the sale, consignment, or distribution of fuel. (c) “Franchisee” means a retailer or distributor who is authorized or permitted, under a franchise, to use a trademark in connection with the sale, consignment, or distribution of fuel. (d) “Refiner” means any person engaged in the refining of crude oil to produce fuel, and includes any affiliate of such person. (e) “Distributor” means any person, including any affiliate of such person, who either purchases fuel for sale, consignment, or distribution to another, or receives fuel on consignment for consignment or distribution to his or her own fuel accounts or to accounts of his or her supplier, but shall not include a person who is an employee of, or merely serves as a common carrier providing transportation service for, such supplier. (f) “Retailer” means any person who purchases fuel for sale to the general public for ultimate consumption. (g) “Marketing premises” means, in the case of any franchise, premises which, under such franchise, are to be employed by the franchisee in connection with the sale, consignment, or distribution of fuel. (h) “Leased marketing premises” means marketing premises owned, leased, or in any way controlled by a franchisor and which the franchisee is authorized or permitted, under the franchise, to employ in connection with the sale, consignment, or distribution of fuel. (i) “Contract” means any oral or written agreement. For supply purposes, delivery levels during the same month of the previous year shall be prima facie evidence of an agreement to deliver such levels. (j) “Trademark” means any trademark, trade name, service mark, or other identifying symbol or name. (k) “Fuel” means gasoline, diesel, gasohol, or aviation fuel. (l) “Affiliate” means any person who, other than by means of a franchise, controls, is controlled by, or is under common control with, any other person. (Repealed and added by Stats. 1981, Ch. 90, Sec. 9.)
  149. 21150.1.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 7.9. Hours of Business [21150 - 21150.1] ( Chapter 7.9 added by Stats. 1974, Ch. 1015. )

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    Franchisors generally cannot require a franchised retail gasoline dealer to keep unprofitable hours, and franchisees can follow a notice-and-review process to prove unprofitability.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 7.9. Hours of Business [21150 - 21150.1] ( Chapter 7.9 added by Stats. 1974, Ch. 1015. ) ## 21150.1. (a) In all future franchise agreements no retail gasoline dealer who operates pursuant to a franchise shall be required by the franchisor to operate the service station during hours that are not profitable to the franchisee, provided that the hours of operation that are maintained by the franchisee are for a continuing period of time. (b) In the event that the terms and conditions of the franchise require the franchisee to maintain hours of operation that the franchisee has determined in good faith to be unprofitable, the franchisee shall notify the franchisor in writing of his or her determination that a certain period or periods are not profitable and provide the franchisor with any statements, studies, analyses, summaries, business records, or other documents that the franchisee prepared or reviewed to determine that operation of the service station during the period or periods specified in the notice were unprofitable. (c) In the event that the franchisor in good faith is not satisfied that the operation of the service station is not profitable during the periods specified in the notice after the franchisor has reviewed the statements, studies, analyses, summaries, business records, or other documents submitted by the franchisee, the franchisor may prepare its own statements, studies, analyses, summaries, business records, or other documents regarding the profitability of operation of the service station during the period specified by the franchisee. The franchisee shall reimburse the franchisor for the actual cost incurred by the franchisor in preparing any statements, studies, analyses, summaries, business records, or other documents to verify the franchisee’s determination that it is not profitable to operate during the period or periods specified in the notice, not to exceed the sum of three hundred dollars ($300). (d) In the event that the franchisor and franchisee still do not agree regarding the profitability of certain hours of operation, the franchisor and franchisee shall conduct arbitration in accordance with the rules of the American Arbitration Association. The decision of the arbitrator shall be final. (e) The franchisee may establish and maintain the hours of operation of the service station without regard to the hours specified in the franchise: (1) If the franchisor fails to notify the franchisee of his or her intent to prepare statements, studies, analyses, summaries, business records, or other documents to verify the franchisee’s determination that it is not profitable to operate during the period or periods specified in the notice within 15 days after receipt of the franchisee’s notice. (2) If the franchisor fails to complete the preparation of the statements, studies, analyses, summaries, business records, or other documents within 30 days after the receipt of notice from the franchisee. (3) If it is established pursuant to subdivisions (b) to (d), inclusive, that the operation of the service station is not profitable during the period or periods specified by the franchisee. (f) For the purposes of this section, the terms “unprofitable” and “not profitable” shall mean that the amount of the gross revenues generated by the sales of motor fuels and other petroleum products, as well as related automotive accessories, is less than the amount of the expenses incurred by the franchisee to operate during the period or periods the franchisee specified in the written notice, including the proportionate costs for rent, labor, or other fixed or variable overhead costs that may be reasonably allocated to the operation of the service station during the period or periods that the franchisee specified in the written notice. (g) This section shall not apply: (1) Where specific hours of business or operation are required under the franchisor’s prime lease or license from any governmental entity, airport, parking, marine or port authority, shopping center, or any private investor not affiliated with or controlled by the franchisor; or, (2) Where the retail gasoline station subject to the franchise agreement is located within one-half mile access of any highway which is a part of the California freeway and expressway system, provided, however, that if there is not commercial property developed as a service station within one-half mile of an entry to or exit from any such highway, the exception shall extend to the first such development and extend one-quarter mile beyond in all directions. This section is also not applicable to any business which is not primarily a gasoline station, but which sells gasoline incidentally to its business. (Amended by Stats. 1982, Ch. 599, Sec. 1.)
  150. 21200.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 8. Unfair Practices [21200 - 21203] ( Chapter 8 added by Stats. 1975, Ch. 951. )

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    Certain fuel and oil sellers in California may not charge different prices to different purchasers when that harms competition, unless a stated exception applies.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 8. Unfair Practices [21200 - 21203] ( Chapter 8 added by Stats. 1975, Ch. 951. ) ## 21200. It is unlawful for any refiner, distributor, manufacturer, or transporter of motor vehicle fuels or oils engaged in business in this state, either directly or indirectly, to discriminate in price between different purchasers of motor vehicle fuels or oils of like grade and quality, where the effect of such discrimination is to lessen competition, or to injure, destroy, or prevent competition with any person who either grants or knowingly receives the benefit of such discrimination, or with customers of either of them. Upon proof being made, at any hearing on a complaint under this section, that there has been such discrimination in price, the burden of rebutting the prima facie case thus made by showing justification shall be upon the person charged with a violation of this section. Nothing herein contained shall prevent a seller rebutting the prima facie case thus made by showing that his lower price to any purchaser or purchasers was made in good faith to meet an equally low price of a competitor and was also offered to any other of his purchasers in competition with the purchaser or purchasers receiving such lower price. If such lower price should be incorporated into a term contract, no such contract shall as to such discriminatory price be valid for more than one year. Nothing in this section shall prevent differentials which make only due allowance for differences in the cost of manufacture, marketing, transportation, sale, or delivery resulting from the differing methods or quantities in which such commodities are to such purchasers sold or delivered. Nothing in this section shall prevent persons engaged in selling motor vehicle fuels or oils in this state from selecting their own customers in bona fide transactions and not in restraint of trade. Nothing in this section shall prevent price changes from time to time where in response to changing conditions affecting the market for, or the marketability of, the products concerned, such as, but not limited to, actual or imminent deterioration of products, distress sales under court process, or sales in good faith in discontinuance of business in the products concerned. Nothing in this section shall apply to the purchase of motor vehicle fuels or oils for their own use by state and local agencies or public utilities. (Added by Stats. 1975, Ch. 951.)
  151. 21201.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 8. Unfair Practices [21200 - 21203] ( Chapter 8 added by Stats. 1975, Ch. 951. )

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    This chapter applies only to certain petroleum-product businesses in California that meet a 50,000-barrels-a-day threshold.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 8. Unfair Practices [21200 - 21203] ( Chapter 8 added by Stats. 1975, Ch. 951. ) ## 21201. The provisions of this chapter shall only apply to refiners, distributors, manufacturers, or transporters of petroleum products engaged in business in this state whose total production, gasoline refining capacity or sales volume at the wholesale level is 50,000 barrels a day or more. (Added by Stats. 1975, Ch. 951.)
  152. 21202.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 8. Unfair Practices [21200 - 21203] ( Chapter 8 added by Stats. 1975, Ch. 951. )

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    An injured person may sue for damages under this chapter, and the court may award triple actual damages plus reasonable attorney’s fees.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 8. Unfair Practices [21200 - 21203] ( Chapter 8 added by Stats. 1975, Ch. 951. ) ## 21202. Any person injured by any violation of the provisions of this chapter may bring an action for the recovery of damages. Judgment may be entered for three times the amount at which the actual damages are assessed plus reasonable attorney’s fees. (Added by Stats. 1975, Ch. 951.)
  153. 21203.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 8. Unfair Practices [21200 - 21203] ( Chapter 8 added by Stats. 1975, Ch. 951. )

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    Contracts, arrangements, or agreements with price provisions that do not comply with this chapter are void on and after the chapter’s effective date, except where extension is required to comply with federal price control laws.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 8. Unfair Practices [21200 - 21203] ( Chapter 8 added by Stats. 1975, Ch. 951. ) ## 21203. The Legislature finds and declares that distribution and sales of motor vehicle fuels and oils in the State of California affect the general economy of the state, the public interest and the public welfare. Competition and freedom from unreasonable discriminatory practices are essential to the fair and efficient functioning of a free market economy. Competitive conditions are rapidly changing with resulting market dislocation. Therefore, it is further provided that any existing contracts, arrangements, or agreements with provision for prices not in compliance with this chapter shall be void on and after the effective date of this chapter as to such provisions, except for any as may be required to be extended beyond said date to comply with any applicable federal price control laws, regulations or orders. (Added by Stats. 1975, Ch. 951.)
  154. 2125.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 6. Licensed Physicians from Mexico Program [2125 - 2126] ( Article 6 added by Stats. 2024, Ch. 246, Sec. 4. )

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    This section creates the Licensed Physicians from Mexico Program and sets licensing, eligibility, reporting, and participation rules for the board, physicians from Mexico, and participating health centers.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 6. Licensed Physicians from Mexico Program [2125 - 2126] ( Article 6 added by Stats. 2024, Ch. 246, Sec. 4. ) ## 2125. (a) For purposes of this article, the following definitions apply: (1) “Board” means the Medical Board of California. (2) “Program” means the Licensed Physicians from Mexico Program. (b) (1) The Licensed Physicians from Mexico Program is hereby created. (2) The board shall approve physician candidates from Mexico for program participation. (c) (1) This program extends the physician component of the Licensed Physicians and Dentists from Mexico Pilot Program, as established in former Section 853, which authorized up to 30 licensed physicians specializing in family practice, internal medicine, pediatrics, and obstetrics and gynecology from Mexico to practice medicine in California for a period not to exceed three years. (2) The program shall also maintain an alternate list of program participants. (d) The board shall issue a nonrenewable three-year physician’s and surgeon’s license to each licensed physician from Mexico who meets the criteria set forth in this section. (e) Each physician from Mexico, to be eligible to participate in this program, shall comply with all of the following: (1) Be licensed, certified or recertified, and in good standing in their medical specialty in Mexico. This certification or recertification shall be performed, as appropriate, by the Consejo Mexicano de Ginecología y Obstetricia, A.C., the Consejo Mexicano de Certificación en Medicina Familiar, A.C., the Consejo Mexicano de Medicina Interna, A.C., the Consejo Mexicano de Certificación en Pediatría, A.C., or the Consejo Mexicano de Psiquiatría, A.C. (2) The board shall submit to the Department of Justice fingerprint images and related information required by the Department of Justice of all applicants for a physician’s and surgeon’s license, as defined by this section, to determine whether the applicant has a criminal conviction record in this state or in any other jurisdiction, including foreign countries, pursuant to Section 2042. The Department of Justice shall provide a state- and federal-level response in accordance with subdivision (p) of Section 11105 of the Penal Code for the board to determine whether the applicant is subject to denial of licensure under the provisions of Division 1.5 (commencing with Section 475) and Section 2221. (3) Before leaving Mexico, have completed all of the following requirements: (A) Passed an interview examination developed by the National Autonomous University of Mexico (UNAM) for each specialty area. Each family practitioner who includes obstetrics and gynecology in their practice and shall not perform deliveries in California unless they have performed 50 live birth deliveries, as required by United States standards, confirmed by written documentation by the supervising department chair, hospital administrator, or hospital chief medical officer. Each obstetrician and gynecologist from Mexico shall be a fellow in good standing of the American College of Obstetricians and Gynecologists. (B) (i) Satisfactorily completed an orientation program approved by the board in connection with the Licensed Physicians and Dentists from Mexico Pilot Program, as established in former Section 853, and that includes medical protocol, community clinic history and operations, medical administration, hospital operations and protocol, medical ethics, the California medical delivery system, health maintenance organizations and managed care practices, medication documentation and reconciliation, the electronic medical records system utilized by federally qualified health centers, and standards for medical record documentation to support medical decisionmaking and quality care. This orientation program may be changed by a committee of at least five chief medical officers at federally qualified health centers employing program licensees to ensure that the orientation program contains the requisite subject matter and meets appropriate California law and medical standards where applicable. (ii) Satisfactorily completed the Test of English as a Foreign Language by scoring a minimum of 85 percent or the Occupational English Test with a minimum score of 350, and provided written documentation of their completion to the board. (C) Representatives from California and the UNAM in Mexico that executed and implemented the provisions of the former Physicians and Dentists from Mexico Pilot Program shall be the points of contact involved in securing required documents, recruiting and vetting candidates, assisting candidates for this program in Mexico to meet all program requirements, selecting appropriate federally qualified health centers throughout California, ensuring compliance with program provisions, developing policy and clinical workshops, monitoring productivity and increased access to medical care, and assessing the necessity of policy and programmatic improvements. (4) Upon satisfactory completion of the requirements in paragraphs (1) to (3), inclusive, and after having received their nonrenewable three-year physician’s and surgeon’s license, each licensee shall be required to obtain continuing education pursuant to Section 2190. Each physician shall obtain 25 continuing education units per year for three years of program participation, which shall be subject to random audits by the board to ensure compliance. The board may issue a citation and administrative fine against a licensee who fails to comply with the requirements of this paragraph. (5) The federally qualified health centers employing physicians from Mexico shall continue the peer review protocols and procedures as required by the federal government. The federally qualified health centers shall work with a California medical school approved by the board pursuant to Section 2084 or a residency program approved by the Accreditation Council for Graduate Medical Education to conduct 10 secondary reviews of randomly selected patient encounters with each licensee per six-month period, and the reviews shall be transmitted to the approved medical school or medical institution with an approved residency program in PDF format. The secondary reviews shall be undertaken every six months of each year for the three years that the physicians from Mexico are employed by federally qualified health centers. The faculty reviewers in family medicine, pediatrics, internal medicine, psychiatry, and obstetrics and gynecology from the California medical school approved by the board pursuant to Section 2084 or the residency program approved by the Accreditation Council for Graduate Medical Education shall provide feedback to the federally qualified health centers of the findings of their secondary reviews. The faculty and federally qualified health center chief medical officers shall jointly develop no less than two quality assurance (QA) seminars for all physicians from Mexico to attend during the six months of secondary reviews conducted. The purpose of the approved medical school or medical institution with an approved residency program secondary peer reviews shall be to provide feedback on compliance with medical standards, protocols, and procedures required by the federal government and assessed by the monthly or quarterly peer reviews conducted by federally qualified health centers. The associated costs for the secondary reviews and QA seminars shall be the responsibility of the federally qualified health centers on a pro rata basis. (6) The federally qualified health centers employing physicians in the program shall be required to have medical quality assurance protocols and be accredited by The Joint Commission, National Committee for Quality Assurance, or Accreditation Association for Ambulatory Health Care. (7) Participating hospitals shall have the authority to establish criteria necessary to allow individuals participating in this program to be granted hospital privileges in their facilities, taking into consideration the need and concerns for access to patient populations served by federally qualified health centers and attending doctors from Mexico, especially in rural areas that do not have hospitals staffed to provide deliveries of newborns. (8) A licensee shall practice only in the nonprofit community health center that offered the licensee employment and the corresponding hospital. This three-year physician’s and surgeon’s license shall be deemed to be a license in good standing pursuant to the provisions of this chapter for the purpose of participation and reimbursement in all federal, state, and local health programs. These programs shall include the Medicare Program, the fee-for-service and managed care delivery systems of the Medi-Cal program, and private insurance. A physician from Mexico shall not be denied credentials by a health plan because the physician is a participant in this state program and did not receive their medical education and training in the United States. The nonrenewable three-year physician’s and surgeon’s license issued pursuant to this program shall be referred to as a Physician’s and Surgeon’s from Mexico License and shall not include any additional notations beyond the current numerical identifiers that the board applies. (f) (1) Notwithstanding subdivisions (a) to (d), inclusive, of Section 30, the board shall issue a nonrenewable three-year physician’s and surgeon’s license pursuant to this section to an applicant who has not provided an individual taxpayer identification number or social security number if the board staff determines the applicant is otherwise eligible for a license only under the program pursuant to this section, subject to the following conditions: (A) The applicant shall immediately seek both an appropriate three-year visa and the accompanying social security number from the United States government within 14 days of being issued a medical license under this section. (B) The applicant shall immediately provide to the board a social security number obtained in accordance with subparagraph (A) within 10 days of the federal government issuing the social security card related to the issued visa. (C) The applicant shall not engage in the practice of medicine pursuant to this section until the board determines that the conditions in subparagraphs (A) and (B) have been met. (2) The board, if it determines that an applicant has met the conditions in paragraph (1), shall notify the applicant that the applicant may engage in the practice of medicine under the license in accordance with this section. (g) (1) (A) Between January 1, 2025, and January 1, 2029, the board shall coordinate with the representatives described in subparagraph (C) of paragraph (2) of subdivision (e) to ensure that no more than 155 program participants have a current and active license at the same time. (B) During the time period described in subparagraph (A), no more than 30 of the 155 licenses may be issued to physicians whose primary area of practice is psychiatry. (C) During the time period described in subparagraph (A), an applicant shall submit an application to the board between October 1, 2025, and December 31, 2025, except that the board may accept up to 15 applications after December 31, 2025, and before January 1, 2028. (2) (A) Between January 1, 2029, and January 1, 2033, the board shall coordinate with the representatives described in subparagraph (C) of paragraph (2) of subdivision (e) to ensure that no more than 195 program participants have a current and active license at the same time. (B) During the time period described in subparagraph (A), no more than 40 of the 195 licenses may be issued to physicians whose primary area of practice is psychiatry. (C) During the time period described in subparagraph (A), an applicant shall submit an application to the board between October 1, 2029, and December 31, 2029, except that the board may accept up to 19 applications after December 31, 2029, and before January 1, 2032. (3) (A) Between January 1, 2033, and January 1, 2037, the board shall coordinate with the representatives described in subparagraph (C) of paragraph (2) of subdivision (e) to ensure that no more than 225 program participants have a current and active license at the same time. (B) During the time period described in subparagraph (A), no more than 40 of the 225 licenses may be issued to physicians whose primary area of practice is psychiatry. (C) During the time period described in subparagraph (A), an applicant shall submit an application to the board between October 1, 2033, and December 31, 2033, except that the board may accept up to 22 applications after December 31, 2033, and before January 1, 2036. (4) (A) Between January 1, 2037, and January 1, 2041, the board shall coordinate with the representatives described in subparagraph (C) of paragraph (2) of subdivision (e) to ensure that no more than 255 program participants have a current and active license at the same time. (B) During the time period described in subparagraph (A), no more than 40 of the 255 licenses may be issued to physicians whose primary area of practice is psychiatry. (C) During the time period described in subparagraph (A), an applicant shall submit an application to the board between October 1, 2037, and December 31, 2037, except that the board may accept up to 25 applications after December 31, 2037, and before January 1, 2040. (5) (A) Between January 1, 2041, and January 1, 2045, the board shall coordinate with the representatives described in subparagraph (C) of paragraph (2) of subdivision (e) to ensure that no more than 275 program participants have a current and active license at the same time. (B) During the time period described in subparagraph (A), no more than 40 of the 275 licenses may be issued to physicians whose primary area of practice is psychiatry. (C) During the time period described in subparagraph (A), an applicant shall submit an application to the board between October 1, 2041, and December 31, 2041, except that the board may accept up to 27 applications after December 31, 2041, and before January 1, 2044. (6) A physician’s eligibility pursuant to this subdivision is subject to the physician complying with all of the requirements set forth in this section. (h) All applicable employment benefits, salary, and policies provided by nonprofit community health centers to their current employees shall be provided to medical practitioners from Mexico participating in this program. This shall include nonprofit community health centers providing malpractice insurance coverage. (i) Each program applicant shall be responsible for working with the governments of Mexico and the United States in order to obtain the necessary three-year visa required for program participation. (Amended by Stats. 2025, Ch. 113, Sec. 7. (SB 160) Effective September 17, 2025.)
  155. 2126.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 6. Licensed Physicians from Mexico Program [2125 - 2126] ( Article 6 added by Stats. 2024, Ch. 246, Sec. 4. )

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    This section sets the fees for licensure of physicians and surgeons authorized by the article and directs where those fees must be deposited.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 6. Licensed Physicians from Mexico Program [2125 - 2126] ( Article 6 added by Stats. 2024, Ch. 246, Sec. 4. ) ## 2126. (a) The following fees apply to the licensure of physicians and surgeons authorized by this article: (1) The application and processing fee shall be the amount specified in subdivision (b) of Section 2435. (2) The initial license fee shall be one and one-half times the amount specified in subdivision (c) of Section 2435. (3) The fee for the Controlled Substance Utilization Review and Evaluation System (CURES) shall be three times the annual fee specified under subdivision (a) of Section 208. (4) The fee for the Steven M. Thompson Physician Corps Loan Repayment Program shall be one-and one-half times the amount specified in subdivision (a) of Section 2436.5. (b) The fees required by this section shall be deposited into the Contingent Fund of the Medical Board of California, except that the fee described in paragraph (3) of subdivision (a) shall be deposited into the CURES Fund. (c) Any unencumbered funds collected by the board pursuant to former Section 853 shall be deposited into the Contingent Fund of the Medical Board of California. (Added by Stats. 2024, Ch. 246, Sec. 4. (AB 2860) Effective January 1, 2025.)
  156. 21300.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 8.5. Consumer Wheelchair Right to Repair [21300 - 21305] ( Chapter 8.5 added by Stats. 2024, Ch. 797, Sec. 1. )

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    This section defines the key terms used in the powered wheelchair right-to-repair chapter.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 8.5. Consumer Wheelchair Right to Repair [21300 - 21305] ( Chapter 8.5 added by Stats. 2024, Ch. 797, Sec. 1. ) ## 21300. For the purposes of this chapter, the following definitions apply: (a) “Authorized repair provider” means an individual or business who is unaffiliated with an original equipment manufacturer and who has an arrangement with the original equipment manufacturer, for a definite or indefinite period, under which the original equipment manufacturer grants to the individual or business a license to use a trade name, service mark, or other proprietary identifier for the purposes of offering the services of inspection, diagnosis, maintenance, or repair of powered wheelchairs under the name of the original equipment manufacturer, or other arrangement with the original equipment manufacturer to offer those services on behalf of the original equipment manufacturer. An original equipment manufacturer who offers the services of inspection, diagnosis, maintenance, or repair of its own powered wheelchairs, and who does not have an arrangement described in this subdivision with an unaffiliated individual or business, shall be considered an authorized repair provider with respect to that equipment. (b) “Documentation” means any manual, diagram, reporting output, service code description, schematic, or other guidance or information used in effecting the services of inspection, diagnosis, maintenance, or repair of powered wheelchairs. (c) “Embedded software” means any programmable instructions provided on firmware delivered with an electronic component of equipment, or with a part for that equipment, for purposes of equipment operation, including all relevant patches and fixes made by the manufacturer of the equipment or part for these purposes. (d) “Equipment” means a powered wheelchair. (e) (1) “Fair and reasonable terms and costs,” with respect to obtaining documentation, parts, embedded software, firmware, or tools from a manufacturer to provide services, means terms that are equivalent to the most favorable terms that the manufacturer offers to an authorized repair provider and costs that are no greater than the manufacturer’s suggested retail price. (2) For documentation, including any relevant updates, “fair and reasonable terms” also means at no charge, except that, when the documentation is requested in physical printed form, a charge may be included for the reasonable actual costs of preparing and sending the copy. (3) For software tools, “fair and reasonable terms” also means all of the following: (A) Provided at no charge and without requiring authorization or internet access. (B) Without imposing impediments to access or use, in the course of effecting the diagnosis, maintenance, or repair and without impairing the efficient and cost-effective performance of the diagnosis, maintenance, or repair. (C) Enables full functionality. (4) If an original equipment manufacturer does not utilize an authorized repair provider, “fair and reasonable terms” means an equitable price in consideration of the actual cost to the original equipment manufacturer to prepare and distribute the part, tool, service access method, or documentation, exclusive of any research and development costs incurred. (f) “Firmware” means a software program or set of instructions programmed on equipment, or on a part for that equipment, to allow the equipment or part to communicate within itself or with other computer hardware. (g) “Independent repair provider” means an individual or business, other than the manufacturer, that is engaged in the services of inspection, diagnosis, maintenance, or repair of equipment for purposes of returning it to the safety and performance specifications established by the manufacturer and to meet its original intended use. (h) “Original equipment manufacturer” means a business engaged in the business of selling, leasing, or otherwise supplying new equipment or parts manufactured by, or on behalf of, itself, to any individual or business. (i) “Part” means any replacement part, either new or used, made available by an original equipment manufacturer for purposes of effecting the services of inspection, diagnosis, maintenance, or repair of powered wheelchairs manufactured by, or on behalf of, sold, or otherwise supplied by the original equipment manufacturer. (j) “Powered wheelchair” means a motorized wheeled device designed for use by a person with a physical disability. (k) “Tools” means any software program, hardware implement, or other apparatus used in inspection, diagnosis, maintenance, or repair of powered wheelchairs, including software or other mechanisms that provision, program, or pair a new part, calibrate functionality, or perform any other function required to bring the product back to fully functional condition. (l) “Trade secret” has the same meaning as in subdivision (d) of Section 3426.1 of the Civil Code. (Added by Stats. 2024, Ch. 797, Sec. 1. (SB 1384) Effective January 1, 2025.)
  157. 21301.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 8.5. Consumer Wheelchair Right to Repair [21300 - 21305] ( Chapter 8.5 added by Stats. 2024, Ch. 797, Sec. 1. )

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    Original equipment manufacturers must provide repair documentation, parts, software, firmware, and tools to independent repair providers or owners on fair and reasonable terms; they may use secure release systems, and certain powered-wheelchair parts are excluded.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 8.5. Consumer Wheelchair Right to Repair [21300 - 21305] ( Chapter 8.5 added by Stats. 2024, Ch. 797, Sec. 1. ) ## 21301. (a) For the purpose of providing services for equipment in the state, an original equipment manufacturer shall, with fair and reasonable terms and costs, make available to an independent repair provider or owner of the manufacturer’s equipment, documentation, parts, embedded software, firmware, or tools that are intended for use with the equipment or any part listed in subdivision (c), including updates to documentation, parts, embedded software, firmware, or tools. (b) Regarding subdivision (c), with respect to equipment that contains an electronic security lock or other security-related function, an original equipment manufacturer shall, with fair and reasonable terms and costs, make available to independent repair providers and owners documentation, parts, embedded software, firmware, or tools needed to reset the lock or function when disabled in the course of providing services. The manufacturer may make the documentation, parts, embedded software, firmware, or tools available to independent repair providers and owners through appropriate secure release systems. (c) For powered wheelchairs subject to Section 14132.8 of the Welfare and Institutions Code, this section shall not apply to any part that would require programmability, calibration, or clinical involvement to ensure appropriate patient seating and positioning. Items included in this section for powered wheelchairs subject to Section 14132.8 of the Welfare and Institutions Code shall include: (1) Batteries. (2) Battery chargers. (3) Nonprogrammable joysticks. (4) Joystick housings or brackets. (5) Wheel assembly. (6) Nonpositioning accessories. (7) Antitip devices. (8) Armrests, excluding positioning components designed for adjustment by a therapist or assistive technology professional. (9) Caster spheres. (10) Cosmetic shrouding. (11) Floor mats. (12) Floor plates. (13) Nonpowered leg lowerers. (Added by Stats. 2024, Ch. 797, Sec. 1. (SB 1384) Effective January 1, 2025.)
  158. 21302.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 8.5. Consumer Wheelchair Right to Repair [21300 - 21305] ( Chapter 8.5 added by Stats. 2024, Ch. 797, Sec. 1. )

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    Original equipment manufacturers can face civil penalties for violating this chapter, with different amounts for first and repeat violations, and some relief if a part is out of stock and they meet notice and timing conditions.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 8.5. Consumer Wheelchair Right to Repair [21300 - 21305] ( Chapter 8.5 added by Stats. 2024, Ch. 797, Sec. 1. ) ## 21302. (a) (1) An original equipment manufacturer who knowingly violates any provision of this chapter, or who reasonably should have known that they violated any provision of this chapter, shall be liable for a civil penalty of up to two thousand five hundred dollars ($2,500) per powered wheelchair, not exceeding two hundred fifty thousand dollars ($250,000), for a first violation. (2) In the case of a first violation, an original equipment manufacturer who does not knowingly violate this chapter may be provided a three-day right to cure the violation before a civil penalty is imposed. (3) An original equipment manufacturer who commits a second or subsequent violation of this chapter shall be liable for a civil penalty of up to ten thousand dollars ($10,000) per powered wheelchair, not exceeding two hundred fifty thousand dollars ($250,000) for each series of related violations. (4) An original equipment manufacturer who fails to provide a part because it is out of stock and they are unable to obtain the part shall not be subject to the fines described in this subdivision if the original equipment manufacturer does both of the following: (A) They inform the customer or independent repair provider that the part is out of stock, and, consequently, they are unable to obtain the part. (B) They make the part available to the consumer or independent repair provider within three business days of when that part becomes available. (b) An original equipment manufacturer who violates a court order or injunction issued pursuant to this chapter shall be liable for a civil penalty not to exceed ten thousand dollars ($10,000) per violation. (c) (1) Any person injured by violation of this chapter may bring a civil action for damages or other appropriate relief. (2) The Attorney General or district attorney may bring a civil action in the name of the state for violation of this chapter. (3) An action brought pursuant to this chapter shall be commenced within three years from the date of the alleged violation. (d) If the action is brought by the Attorney General, the penalty collected shall be paid to the Office of the Attorney General to offset the reasonable expenses incurred in conducting that action, and any remainder thereafter shall be paid to the State Treasurer. If brought by a district attorney, the entire amount of penalty collected shall be paid to the treasurer of the county in which the judgment was entered. (Added by Stats. 2024, Ch. 797, Sec. 1. (SB 1384) Effective January 1, 2025.)
  159. 21303.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 8.5. Consumer Wheelchair Right to Repair [21300 - 21305] ( Chapter 8.5 added by Stats. 2024, Ch. 797, Sec. 1. )

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    An independent repair provider that is not authorized must give customers a written notice before repairs, and a Medi-Cal enrolled independent repair provider is barred from seeking reimbursement from Medi-Cal applicants or recipients except in the stated cost-share situation.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 8.5. Consumer Wheelchair Right to Repair [21300 - 21305] ( Chapter 8.5 added by Stats. 2024, Ch. 797, Sec. 1. ) ## 21303. An independent repair provider that is not an authorized repair provider shall provide a written notice to any customer before providing repairs that contains the following information: (a) The independent repair provider is not an authorized repair provider for the product. (b) The consumer may wish to review the terms and conditions of any warranty for the equipment, as repairs not performed by a designated authorized repair provider could potentially affect the warranty. (c) Warranties for consumer products are governed by the federal Magnuson-Moss Warranty Act (Chapter 50 (commencing with Section 2301) of Title 15 of the United States Code), which gives consumers rights and protections that apply over any conflicting provisions in the warranty. (d) Under Magnuson-Moss, a warranty cannot generally require that maintenance repairs be performed only by an authorized repair provider, unless the Federal Trade Commission waives this prohibition, or the repair is provided free of charge, pursuant to that warranty. (e) Under Magnuson-Moss, if damage to equipment is shown to be caused by faulty nonbrand equipment or by faulty repair by a nonauthorized repair provider, that damage may not be covered by the warranty, but the warranty may otherwise remain in effect. (f) Under Section 14019.4 of the Welfare and Institutions Code, an independent repair provider that is a Medi-Cal enrolled provider is prohibited from seeking reimbursement or attempting to obtain payment for the cost of covered services from a Medi-Cal applicant or recipient, unless the beneficiary owes a share of the cost, as described in subdivision (g) of that section. (Added by Stats. 2024, Ch. 797, Sec. 1. (SB 1384) Effective January 1, 2025.)
  160. 21304.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 8.5. Consumer Wheelchair Right to Repair [21300 - 21305] ( Chapter 8.5 added by Stats. 2024, Ch. 797, Sec. 1. )

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    This section limits what an original equipment manufacturer must disclose or provide, allows some trade-secret redactions or withholding, and limits liability and claim-construction rules for wheelchair repairs.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 8.5. Consumer Wheelchair Right to Repair [21300 - 21305] ( Chapter 8.5 added by Stats. 2024, Ch. 797, Sec. 1. ) ## 21304. (a) This chapter does not require an original equipment manufacturer to divulge a trade secret, except as necessary to provide documentation, parts, tools, service access methods, and training courses and materials on fair and reasonable terms. (1) An original equipment manufacturer may redact documentation to remove trade secrets from the documentation before providing access to the documentation if the usability of the redacted documentation for the purpose of providing services is not diminished. (2) An original equipment manufacturer may withhold information regarding a component of, design of, functionality of, or process of developing a part, embedded software, firmware, or a tool if the information is a trade secret and the usability of the part, embedded software, firmware, or tool for the purpose of providing services is not diminished. (b) This chapter does not require an original equipment manufacturer to make available a part if the part is no longer available to the original equipment manufacturer. (c) An original equipment manufacturer is not liable for faulty or otherwise improper repairs provided by independent repair providers or owners, including faulty or otherwise improper repairs that cause any of the following: (1) Damage to a powered wheelchair that occurs during the repairs. (2) Any indirect, incidental, or consequential damages. (3) An inability to use, or a reduced functionality of, a powered wheelchair resulting from faulty or otherwise improper repair. (d) This chapter shall not be construed to alter the terms of any arrangement described in subdivision (a) of Section 21300 in force between an authorized repair provider and an original equipment manufacturer, including, but not limited to, the performance or provision of warranty or recall repair work by an authorized repair provider on behalf of an original equipment manufacturer pursuant to an arrangement described in subdivision (a) of Section 21300, except that any provision that purports to waive, avoid, restrict, or limit the original equipment manufacturer’s obligations to comply with this chapter shall be void and unenforceable. (e) This chapter shall not be construed to exempt an original equipment manufacturer from a products liability claim that is otherwise authorized by law. (Added by Stats. 2024, Ch. 797, Sec. 1. (SB 1384) Effective January 1, 2025.)
  161. 21305.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 8.5. Consumer Wheelchair Right to Repair [21300 - 21305] ( Chapter 8.5 added by Stats. 2024, Ch. 797, Sec. 1. )

    Verify source ↗

    This chapter applies to equipment sold or in use on or after January 1, 2025.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 8.5. Consumer Wheelchair Right to Repair [21300 - 21305] ( Chapter 8.5 added by Stats. 2024, Ch. 797, Sec. 1. ) ## 21305. This chapter applies with respect to equipment sold or in use on or after January 1, 2025. (Added by Stats. 2024, Ch. 797, Sec. 1. (SB 1384) Effective January 1, 2025.)
  162. 2135.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 7. Reciprocity and National Board Diplomate Applications [2135 - 2153] ( Article 7 added by Stats. 1980, Ch. 1313, Sec. 2. )

    Verify source ↗

    The board must issue a physician’s and surgeon’s certificate to applicants who meet the listed eligibility requirements, and must review and process certain qualifying applications under this section.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 7. Reciprocity and National Board Diplomate Applications [2135 - 2153] ( Article 7 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2135. The board shall issue a physician’s and surgeon’s certificate to an applicant who meets all of the following requirements: (a) The applicant holds an unlimited license as a physician and surgeon in another state or states, or in a Canadian province or Canadian provinces, which was issued upon: (1) Successful completion of a resident course of professional instruction leading to a degree of medical doctor from a board-approved medical school pursuant to Section 2084. (2) Taking and passing a written examination that is recognized by the board to be equivalent in content to that administered in California. (b) The applicant has held an unrestricted license to practice medicine, in a state or states, in a Canadian province or Canadian provinces, or as a member of the active military, United States Public Health Services, or other federal program, for a period of at least four years. Any time spent by the applicant in an approved postgraduate training program or clinical fellowship acceptable to the board shall not be included in the calculation of this four-year period. (c) The board determines that no disciplinary action has been taken against the applicant by any medical licensing authority and that the applicant has not been the subject of adverse judgments or settlements resulting from the practice of medicine that the board determines constitutes evidence of a pattern of negligence or incompetence. (d) The applicant (1) has satisfactorily completed at least one year of approved postgraduate training and is certified by a specialty board approved by the American Board of Medical Specialties or approved by the board pursuant to subdivision (h) of Section 651, (2) has satisfactorily completed at least two years of approved postgraduate training, or (3) has satisfactorily completed at least one year of approved postgraduate training and takes and passes the clinical competency written examination. (e) The applicant has not committed any acts or crimes constituting grounds for denial of a certificate under Division 1.5 (commencing with Section 475) or Article 12 (commencing with Section 2220). (f) Any application received from an applicant who has held an unrestricted license to practice medicine, in a state or states, or Canadian province or Canadian provinces, or as a member of the active military, United States Public Health Services, or other federal program for four or more years shall be reviewed and processed pursuant to this section. Any time spent by the applicant in an approved postgraduate training program or clinical fellowship acceptable to the board shall not be included in the calculation of this four-year period. This subdivision does not apply to applications that may be reviewed and processed pursuant to Section 2151. (g) This section shall become operative on January 1, 2020. (Amended (as added by Stats. 2017, Ch. 775, Sec. 64) by Stats. 2018, Ch. 571, Sec. 6. (SB 1480) Effective January 1, 2019.)
  163. 2135.5.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 7. Reciprocity and National Board Diplomate Applications [2135 - 2153] ( Article 7 added by Stats. 1980, Ch. 1313, Sec. 2. )

    Verify source ↗

    The board may decide an applicant meets certain medical education and examination requirements if the applicant satisfies the listed reciprocity criteria.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 7. Reciprocity and National Board Diplomate Applications [2135 - 2153] ( Article 7 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2135.5. Upon review and recommendation, the board may determine that an applicant for a physician’s and surgeon’s certificate has satisfied the medical education requirements of Sections 2084 and 2135 and the examination requirements of Section 2170 if the applicant meets all of the following criteria: (a) They hold an unlimited and unrestricted license as a physician and surgeon in another state and has held that license continuously for a minimum of four years prior to the date of application. (b) They meet the postgraduate training requirements in Section 2096 and are certified by a specialty board that is a member board of the American Board of Medical Specialties. (c) They are not subject to denial of licensure under Division 1.5 (commencing with Section 475) or Article 12 (commencing with Section 2220). (d) They have not been the subject of a disciplinary action by a medical licensing authority or of an adverse judgment or settlement resulting from the practice of medicine that, as determined by the board, constitutes a pattern of negligence or incompetence. (e) This section shall become operative on January 1, 2020. (Amended by Stats. 2020, Ch. 312, Sec. 17. (SB 1474) Effective January 1, 2021.)
  164. 2141.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 7. Reciprocity and National Board Diplomate Applications [2135 - 2153] ( Article 7 added by Stats. 1980, Ch. 1313, Sec. 2. )

    Verify source ↗

    Applicants must file a verified application on the Division of Licensing form and include specified license, education, and other required information, plus the reciprocity application fee.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 7. Reciprocity and National Board Diplomate Applications [2135 - 2153] ( Article 7 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2141. (a) An applicant under this article shall file a verified application on a form furnished by the Division of Licensing. (b) Each application shall include all of the following: (1) A list of each license to practice medicine issued by a medical licensing authority to the applicant with the date each certificate or license was issued and a description of each certificate or license. The division in its discretion may require the applicant to file an indicia of each certification or licensure. If a certificate or license has been lost, a copy may be filed together with proof satisfactory to the division that the copy is a correct one and that the certificate was issued to the applicant without fraud or misrepresentation. (2) A list of each medical school or college at which the applicant undertook his or her resident course of professional instruction and all postsecondary educational institutions from which the applicant was graduated, including the period of study at each. (3) Other information as may be required by the division. (c) The application shall be accompanied by the reciprocity application fee required in Section 2435. (Amended by Stats. 1985, Ch. 1176, Sec. 12.)
  165. 2143.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 7. Reciprocity and National Board Diplomate Applications [2135 - 2153] ( Article 7 added by Stats. 1980, Ch. 1313, Sec. 2. )

    Verify source ↗

    An applicant for a reciprocity certificate does not have to complete the Section 2096 postgraduate training before getting a license in another state, if the applicant meets Section 2096 requirements before applying to the board.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 7. Reciprocity and National Board Diplomate Applications [2135 - 2153] ( Article 7 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2143. An applicant for a reciprocity certificate need not have completed the postgraduate training required in Section 2096 prior to the issuance of a license in another state, if the applicant complies with the requirements of Section 2096 before application is made to the board for a reciprocity certificate. (Amended by Stats. 2017, Ch. 775, Sec. 68. (SB 798) Effective January 1, 2018.)
  166. 2144.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 7. Reciprocity and National Board Diplomate Applications [2135 - 2153] ( Article 7 added by Stats. 1980, Ch. 1313, Sec. 2. )

    Verify source ↗

    The Division of Licensing may investigate an applicant’s education, ability, and standing, and may deny licensure if the applicant does not meet the physician-and-surgeon licensing requirements.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 7. Reciprocity and National Board Diplomate Applications [2135 - 2153] ( Article 7 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2144. The Division of Licensing may make an independent investigation of the educational qualifications and the ability and standing of the applicant. If, after this investigation and any other or further examination or investigation which the division may see fit to make on its own part, it is found that the applicant does not meet the requirements for licensure as a physician and surgeon under this chapter, then the division may deny licensure under this article. (Amended by Stats. 1994, Ch. 26, Sec. 23.6. Effective March 30, 1994.)
  167. 21500.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 9. Secondhand Goods [21500 - 21672] ( Chapter 9 added by Stats. 1941, Ch. 50. ) ## ARTICLE 1. Watches [21500 - 21509] ( Article 1 added by Stats. 1941, Ch. 50. )

    Verify source ↗

    This section defines “person” and “consumer” for this article about watches.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 9. Secondhand Goods [21500 - 21672] ( Chapter 9 added by Stats. 1941, Ch. 50. ) ## ARTICLE 1. Watches [21500 - 21509] ( Article 1 added by Stats. 1941, Ch. 50. ) ## 21500. As used in this article: (a) “Person” means an individual, firm, partnership, association, limited liability company, or corporation engaged in the business of selling watches. (b) “Consumer” means an individual, firm, partnership, association or corporation who buys for his or her own use, or for the use of another, but not for resale. (Amended by Stats. 1994, Ch. 1010, Sec. 26. Effective January 1, 1995.)
  168. 21501.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 9. Secondhand Goods [21500 - 21672] ( Chapter 9 added by Stats. 1941, Ch. 50. ) ## ARTICLE 1. Watches [21500 - 21509] ( Article 1 added by Stats. 1941, Ch. 50. )

    Verify source ↗

    This section defines “secondhand watch.”

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 9. Secondhand Goods [21500 - 21672] ( Chapter 9 added by Stats. 1941, Ch. 50. ) ## ARTICLE 1. Watches [21500 - 21509] ( Article 1 added by Stats. 1941, Ch. 50. ) ## 21501. Except as provided in this article “secondhand watch” means any of the following: (a) A watch which, as a whole, or the case thereof, or the movement thereof, has been sold to a consumer. (b) Any watch whose case or movement, serial numbers or other distinguishing numbers or identification marks have been erased, defaced, removed, altered or covered. (Added by Stats. 1941, Ch. 50.)
  169. 21502.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 9. Secondhand Goods [21500 - 21672] ( Chapter 9 added by Stats. 1941, Ch. 50. ) ## ARTICLE 1. Watches [21500 - 21509] ( Article 1 added by Stats. 1941, Ch. 50. )

    Verify source ↗

    A watch returned to the same seller within one year, by exchange or credit, is exempt from this article if the seller keeps written sales records, unless identifying marks have been removed.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 9. Secondhand Goods [21500 - 21672] ( Chapter 9 added by Stats. 1941, Ch. 50. ) ## ARTICLE 1. Watches [21500 - 21509] ( Article 1 added by Stats. 1941, Ch. 50. ) ## 21502. A watch which is returned to the same person who sold the watch to the consumer, either through an exchange or for credit, within one year from the date of the original sale, if such seller keeps a written record of such sales, is not subject to the provisions of this article, unless the case, movement, serial number or other distinguishing identification marks have been removed. (Added by Stats. 1941, Ch. 50.)
  170. 21503.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 9. Secondhand Goods [21500 - 21672] ( Chapter 9 added by Stats. 1941, Ch. 50. ) ## ARTICLE 1. Watches [21500 - 21509] ( Article 1 added by Stats. 1941, Ch. 50. )

    Verify source ↗

    A written record for this article must include the consumer’s name and address, the sale date, the watch or maker name, and any serial or other identifying numbers or marks.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 9. Secondhand Goods [21500 - 21672] ( Chapter 9 added by Stats. 1941, Ch. 50. ) ## ARTICLE 1. Watches [21500 - 21509] ( Article 1 added by Stats. 1941, Ch. 50. ) ## 21503. The written record referred to in this article shall contain all of the following information: (a) The name and address of the consumer. (b) The date of the sale to the consumer. (c) The name of the watch or its maker. (d) The serial number of the watch, if any, on its case or movement or any other distinguishing numbers or identification marks. (Added by Stats. 1941, Ch. 50.)
  171. 21504.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 9. Secondhand Goods [21500 - 21672] ( Chapter 9 added by Stats. 1941, Ch. 50. ) ## ARTICLE 1. Watches [21500 - 21509] ( Article 1 added by Stats. 1941, Ch. 50. )

    Verify source ↗

    The written record for this article must be kept for at least three years after the watch’s original sale, and it must be open for inspection during business hours by the district attorney or the district attorney’s representative in the county where the vendor does business.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 9. Secondhand Goods [21500 - 21672] ( Chapter 9 added by Stats. 1941, Ch. 50. ) ## ARTICLE 1. Watches [21500 - 21509] ( Article 1 added by Stats. 1941, Ch. 50. ) ## 21504. The written record referred to in this article shall be kept for at least three years from the date of the original sale of the watch. Such record shall be open for inspection during all business hours by the district attorney or his representative, of the county in which the vendor is engaged in business. (Added by Stats. 1941, Ch. 50.)
  172. 21505.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 9. Secondhand Goods [21500 - 21672] ( Chapter 9 added by Stats. 1941, Ch. 50. ) ## ARTICLE 1. Watches [21500 - 21509] ( Article 1 added by Stats. 1941, Ch. 50. )

    Verify source ↗

    A person dealing in a secondhand watch must keep a tag on it that says “secondhand” in English.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 9. Secondhand Goods [21500 - 21672] ( Chapter 9 added by Stats. 1941, Ch. 50. ) ## ARTICLE 1. Watches [21500 - 21509] ( Article 1 added by Stats. 1941, Ch. 50. ) ## 21505. Any person who sells, exchanges, offers to sell or exchange, exposes for sale or exchange, or possesses with intent to sell or exchange, a secondhand watch, shall affix and keep affixed to the same a tag with the words “secondhand” legibly written or printed thereon in the English language. (Added by Stats. 1941, Ch. 50.)
  173. 21506.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 9. Secondhand Goods [21500 - 21672] ( Chapter 9 added by Stats. 1941, Ch. 50. ) ## ARTICLE 1. Watches [21500 - 21509] ( Article 1 added by Stats. 1941, Ch. 50. )

    Verify source ↗

    Sellers of secondhand watches must give the buyer a written invoice with specified sale and watch identification details.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 9. Secondhand Goods [21500 - 21672] ( Chapter 9 added by Stats. 1941, Ch. 50. ) ## ARTICLE 1. Watches [21500 - 21509] ( Article 1 added by Stats. 1941, Ch. 50. ) ## 21506. Any person who sells a secondhand watch shall deliver to the vendee a written invoice setting forth the name and address of the vendor, the name and address of the vendee, the date of the sale, the name of the watch or its maker, and the serial numbers, if any, or other distinguishing numbers or identification marks on its case and movement. If the serial numbers, or other distinguishing numbers or identification marks have been erased, defaced, removed, altered or covered, this shall be set forth in the invoice. (Added by Stats. 1941, Ch. 50.)
  174. 21507.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 9. Secondhand Goods [21500 - 21672] ( Chapter 9 added by Stats. 1941, Ch. 50. ) ## ARTICLE 1. Watches [21500 - 21509] ( Article 1 added by Stats. 1941, Ch. 50. )

    Verify source ↗

    A vendor of a secondhand watch must keep a duplicate invoice on file for at least one year and make it available for inspection during business hours by the district attorney or the district attorney’s representative.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 9. Secondhand Goods [21500 - 21672] ( Chapter 9 added by Stats. 1941, Ch. 50. ) ## ARTICLE 1. Watches [21500 - 21509] ( Article 1 added by Stats. 1941, Ch. 50. ) ## 21507. A duplicate of the invoice required by this article shall be kept on file by the vendor of the secondhand watch for at least one year from the date of the sale thereof and shall be open to inspection during all business hours by the district attorney, or his representative, of the county in which the vendor is engaged in business. (Added by Stats. 1941, Ch. 50.)
  175. 21508.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 9. Secondhand Goods [21500 - 21672] ( Chapter 9 added by Stats. 1941, Ch. 50. ) ## ARTICLE 1. Watches [21500 - 21509] ( Article 1 added by Stats. 1941, Ch. 50. )

    Verify source ↗

    Anyone advertising secondhand watches for sale must clearly say in the ad that the watches are secondhand.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 9. Secondhand Goods [21500 - 21672] ( Chapter 9 added by Stats. 1941, Ch. 50. ) ## ARTICLE 1. Watches [21500 - 21509] ( Article 1 added by Stats. 1941, Ch. 50. ) ## 21508. Any person advertising in any manner secondhand watches for sale shall state clearly in such advertising that the watches so advertised are secondhand watches. (Added by Stats. 1941, Ch. 50.)
  176. 21509.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 9. Secondhand Goods [21500 - 21672] ( Chapter 9 added by Stats. 1941, Ch. 50. ) ## ARTICLE 1. Watches [21500 - 21509] ( Article 1 added by Stats. 1941, Ch. 50. )

    Verify source ↗

    Breaking this article is a misdemeanor.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 9. Secondhand Goods [21500 - 21672] ( Chapter 9 added by Stats. 1941, Ch. 50. ) ## ARTICLE 1. Watches [21500 - 21509] ( Article 1 added by Stats. 1941, Ch. 50. ) ## 21509. Violation of this article is a misdemeanor. (Added by Stats. 1941, Ch. 50.)
  177. 2151.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 7. Reciprocity and National Board Diplomate Applications [2135 - 2153] ( Article 7 added by Stats. 1980, Ch. 1313, Sec. 2. )

    Verify source ↗

    The Division of Licensing may issue a physician and surgeon’s certificate to a National Board of Medical Examiners diplomate if the listed requirements are met.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 7. Reciprocity and National Board Diplomate Applications [2135 - 2153] ( Article 7 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2151. Notwithstanding any other provision of law, the Division of Licensing may issue a physician and surgeon’s certificate to a diplomate of the National Board of Medical Examiners provided the following requirements are met: (a) The standard of the National Board of Medical Examiners on the date the diplomate certificate was issued was in no degree or particular less than that which was required for a physician and surgeon’s certificate under this chapter on the same date. (b) The applicant shall file an application with the division as provided in Article 4 (commencing with Section 2080). The applicant shall not, however, be required to comply with any provision of that article which is inconsistent with or in conflict with the provisions of this section. (c) The application shall be accompanied by the fee required in Section 2435. (d) The applicant shall satisfy the division that the diplomate certificate was procured without fraud or misrepresentation. (e) The applicant shall not have committed any acts or crimes constituting grounds for denial of a certificate under Section 480 or Article 12 (commencing with Section 2220). (Amended by Stats. 1998, Ch. 736, Sec. 10. Effective January 1, 1999.)
  178. 2153.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 7. Reciprocity and National Board Diplomate Applications [2135 - 2153] ( Article 7 added by Stats. 1980, Ch. 1313, Sec. 2. )

    Verify source ↗

    A certificate issued under this article must state the basis on which it was issued.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 7. Reciprocity and National Board Diplomate Applications [2135 - 2153] ( Article 7 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2153. In addition to the requirements of Section 164, a certificate issued under this article shall include in its description the basis upon which the certificate was issued. (Added by Stats. 1980, Ch. 1313, Sec. 2.)
  179. 2153.5.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 7.5. Osteopathic Reciprocity Applications [2153.5- 2153.5.] ( Article 7.5 repealed and added by Stats. 2002, Ch. 1131, Sec. 5. )

    Verify source ↗

    The Osteopathic Medical Board of California must issue a reciprocity certificate if an applicant meets the listed requirements.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 7.5. Osteopathic Reciprocity Applications [2153.5- 2153.5.] ( Article 7.5 repealed and added by Stats. 2002, Ch. 1131, Sec. 5. ) ## 2153.5. Notwithstanding any other provisions of law, the Osteopathic Medical Board of California shall issue an osteopathic physician’s and surgeon’s certificate on reciprocity to an applicant providing he or she meets the following requirements: (a) The applicant holds an unlimited license to engage in the practice of osteopathic medicine in another state whose written licensing examination is recognized and approved by the board to be equivalent in content to that administered in California. For the purposes of this section, the board may recognize and approve as equivalent, along with other examinations, an examination prepared by the Federation of State Medical Boards if an applicant had been licensed in another state as a result of the successful completion, prior to December 31, 1993, of that examination. In lieu of a board recognized and approved state written license examination, the board may require the applicant to successfully complete a special examination in general medicine and osteopathic principles prepared by the National Board of Osteopathic Medical Examiners, or the Osteopathic Medical Board of California. The board may also utilize a special purpose examination prepared by the Federation of State Medical Boards. (b) The board determines that no disciplinary action has been taken against the applicant by any medical licensing authority and that the applicant has not been the subject of adverse judgments or settlements resulting from the practice of medicine that the board determines constitutes evidence of a pattern of negligence or incompetence. (Amended by Stats. 2003, Ch. 789, Sec. 10. Effective January 1, 2004.)
  180. 21550.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 9. Secondhand Goods [21500 - 21672] ( Chapter 9 added by Stats. 1941, Ch. 50. ) ## ARTICLE 2. Builders’ Tools [21550 - 21556] ( Article 2 added by Stats. 1941, Ch. 50. )

    Verify source ↗

    This section defines “person” to include a firm or corporation, and defines “builders’ tools” as tools customarily used in constructing, altering, or repairing buildings.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 9. Secondhand Goods [21500 - 21672] ( Chapter 9 added by Stats. 1941, Ch. 50. ) ## ARTICLE 2. Builders’ Tools [21550 - 21556] ( Article 2 added by Stats. 1941, Ch. 50. ) ## 21550. “Person” as used in this article includes firm and corporation. “Builders’ tools” as used in this chapter includes all tools customarily used in the construction, alteration, or repair of buildings. (Added by Stats. 1941, Ch. 50.)
  181. 21551.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 9. Secondhand Goods [21500 - 21672] ( Chapter 9 added by Stats. 1941, Ch. 50. ) ## ARTICLE 2. Builders’ Tools [21550 - 21556] ( Article 2 added by Stats. 1941, Ch. 50. )

    Verify source ↗

    People dealing in secondhand goods, including pawnbrokers, must keep a register when they buy or receive builders’ tools as a pledge.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 9. Secondhand Goods [21500 - 21672] ( Chapter 9 added by Stats. 1941, Ch. 50. ) ## ARTICLE 2. Builders’ Tools [21550 - 21556] ( Article 2 added by Stats. 1941, Ch. 50. ) ## 21551. Every person dealing in secondhand goods, wares or merchandise, either as pawnbroker or otherwise, who buys or receives as a pledge any builders’ tools shall keep a register in which shall be entered all of the following: (a) The place, date and hour of the sale or pledge of any such tools. (b) The name, address and description of the seller or pledgor. (c) A description of the tools, including all numbers, letters, names and other identification marks appearing thereon. (d) The name and address of the individual to whom such tools were sold or pledged. (Added by Stats. 1941, Ch. 50.)
  182. 21552.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 9. Secondhand Goods [21500 - 21672] ( Chapter 9 added by Stats. 1941, Ch. 50. ) ## ARTICLE 2. Builders’ Tools [21550 - 21556] ( Article 2 added by Stats. 1941, Ch. 50. )

    Verify source ↗

    If a covered person ships or sends builders’ tools outside the county where they were bought or received as a pledge, the person must record the shipment date and the recipient’s name and address details in the register.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 9. Secondhand Goods [21500 - 21672] ( Chapter 9 added by Stats. 1941, Ch. 50. ) ## ARTICLE 2. Builders’ Tools [21550 - 21556] ( Article 2 added by Stats. 1941, Ch. 50. ) ## 21552. Whenever any person referred to in this article ships or otherwise transmits any builders’ tools bought or received as a pledge, to any place outside the county in which the tools were so bought or so received, such person shall enter in the register required to be kept by this article the date on which such tools were shipped or otherwise transmitted, and the name and the place of business or residence of the person to whom such tools were so shipped or transmitted. (Added by Stats. 1941, Ch. 50.)
  183. 21553.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 9. Secondhand Goods [21500 - 21672] ( Chapter 9 added by Stats. 1941, Ch. 50. ) ## ARTICLE 2. Builders’ Tools [21550 - 21556] ( Article 2 added by Stats. 1941, Ch. 50. )

    Verify source ↗

    People covered by this article must deliver a full, true, and complete copy of the required register every day, except legal holidays, to certain local police officials where the tools were bought or pledged.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 9. Secondhand Goods [21500 - 21672] ( Chapter 9 added by Stats. 1941, Ch. 50. ) ## ARTICLE 2. Builders’ Tools [21550 - 21556] ( Article 2 added by Stats. 1941, Ch. 50. ) ## 21553. Every person referred to in this article shall each day, except legal holidays, deliver a full, true and complete copy of the register required to be kept by this article to the chief of police, city marshal, town marshal, or other head of the police department of the city, city and county, town, or other municipality or district wherein such builders’ tools were bought or received in pledge. (Added by Stats. 1941, Ch. 50.)
  184. 21554.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 9. Secondhand Goods [21500 - 21672] ( Chapter 9 added by Stats. 1941, Ch. 50. ) ## ARTICLE 2. Builders’ Tools [21550 - 21556] ( Article 2 added by Stats. 1941, Ch. 50. )

    Verify source ↗

    A report must list every builders’ tool bought, received as a pledge, shipped, or otherwise transmitted since the previous report.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 9. Secondhand Goods [21500 - 21672] ( Chapter 9 added by Stats. 1941, Ch. 50. ) ## ARTICLE 2. Builders’ Tools [21550 - 21556] ( Article 2 added by Stats. 1941, Ch. 50. ) ## 21554. The report shall include references to all builders’ tools bought or received as a pledge or shipped or otherwise transmitted since the preceding report. (Added by Stats. 1941, Ch. 50.)
  185. 21555.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 9. Secondhand Goods [21500 - 21672] ( Chapter 9 added by Stats. 1941, Ch. 50. ) ## ARTICLE 2. Builders’ Tools [21550 - 21556] ( Article 2 added by Stats. 1941, Ch. 50. )

    Verify source ↗

    If there is no police department in the relevant municipality or district, the required report must be delivered or mailed each day to the county sheriff, except on legal holidays.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 9. Secondhand Goods [21500 - 21672] ( Chapter 9 added by Stats. 1941, Ch. 50. ) ## ARTICLE 2. Builders’ Tools [21550 - 21556] ( Article 2 added by Stats. 1941, Ch. 50. ) ## 21555. If there is no police department in the municipality or district in which builders’ tools are bought or received in pledge, or from which they are shipped or otherwise transmitted, the report required by this article shall be delivered or mailed each day, except legal holidays, to the sheriff of the county. (Added by Stats. 1941, Ch. 50.)
  186. 21556.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 9. Secondhand Goods [21500 - 21672] ( Chapter 9 added by Stats. 1941, Ch. 50. ) ## ARTICLE 2. Builders’ Tools [21550 - 21556] ( Article 2 added by Stats. 1941, Ch. 50. )

    Verify source ↗

    A person who violates this chapter commits a misdemeanor.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 9. Secondhand Goods [21500 - 21672] ( Chapter 9 added by Stats. 1941, Ch. 50. ) ## ARTICLE 2. Builders’ Tools [21550 - 21556] ( Article 2 added by Stats. 1941, Ch. 50. ) ## 21556. Any person who violates this chapter is guilty of a misdemeanor. (Added by Stats. 1941, Ch. 50.)
  187. 21600.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 9. Secondhand Goods [21500 - 21672] ( Chapter 9 added by Stats. 1941, Ch. 50. ) ## ARTICLE 3. Junk [21600 - 21610] ( Article 3 added by Stats. 1941, Ch. 1078. )

    Verify source ↗

    This section defines “junk” and “scrap metals and alloys” for this article.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 9. Secondhand Goods [21500 - 21672] ( Chapter 9 added by Stats. 1941, Ch. 50. ) ## ARTICLE 3. Junk [21600 - 21610] ( Article 3 added by Stats. 1941, Ch. 1078. ) ## 21600. As used in this article, “junk” means any and all secondhand and used machinery and all ferrous and nonferrous scrap metals and alloys, including any and all secondhand and used furniture, pallets, or other personal property, other than livestock, or parts or portions thereof. As used in this section, “scrap metals and alloys” includes, but is not limited to, materials and equipment commonly used in construction, agricultural operations and electrical power generation, railroad equipment, oil well rigs, nonferrous materials, stainless steel, and nickel which are offered for sale to any junk dealer or recycler, but does not include scrap iron, household generated waste, or aluminum beverage containers, as defined in Chapter 2 (commencing with Section 14502) of Division 12.1 of the Public Resources Code. (Amended by Stats. 2001, Ch. 60, Sec. 1. Effective January 1, 2002.)
  188. 21601.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 9. Secondhand Goods [21500 - 21672] ( Chapter 9 added by Stats. 1941, Ch. 50. ) ## ARTICLE 3. Junk [21600 - 21610] ( Article 3 added by Stats. 1941, Ch. 1078. )

    Verify source ↗

    This section defines “junk dealer” for this article.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 9. Secondhand Goods [21500 - 21672] ( Chapter 9 added by Stats. 1941, Ch. 50. ) ## ARTICLE 3. Junk [21600 - 21610] ( Article 3 added by Stats. 1941, Ch. 1078. ) ## 21601. As used in this article, “junk dealer” includes any person engaged in the business of buying, selling and dealing in junk, any person purchasing, gathering, collecting, soliciting or traveling about from place to place procuring junk, and any person operating, carrying on, conducting or maintaining a junk yard or place where junk is gathered together and stored or kept for shipment, sale or transfer. (Added by Stats. 1941, Ch. 1078.)
  189. 21602.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 9. Secondhand Goods [21500 - 21672] ( Chapter 9 added by Stats. 1941, Ch. 50. ) ## ARTICLE 3. Junk [21600 - 21610] ( Article 3 added by Stats. 1941, Ch. 1078. )

    Verify source ↗

    This article defines “junk yard” to include places where junk is collected, stored, gathered together, and kept.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 9. Secondhand Goods [21500 - 21672] ( Chapter 9 added by Stats. 1941, Ch. 50. ) ## ARTICLE 3. Junk [21600 - 21610] ( Article 3 added by Stats. 1941, Ch. 1078. ) ## 21602. As used in this article, “junk yard” includes any yard, plot, space, inclosure, building or any other place where junk is collected, stored, gathered together and kept. (Added by Stats. 1941, Ch. 1078.)
  190. 21603.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 9. Secondhand Goods [21500 - 21672] ( Chapter 9 added by Stats. 1941, Ch. 50. ) ## ARTICLE 3. Junk [21600 - 21610] ( Article 3 added by Stats. 1941, Ch. 1078. )

    Verify source ↗

    This article does not apply to several listed types of merchants and dealers.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 9. Secondhand Goods [21500 - 21672] ( Chapter 9 added by Stats. 1941, Ch. 50. ) ## ARTICLE 3. Junk [21600 - 21610] ( Article 3 added by Stats. 1941, Ch. 1078. ) ## 21603. This article shall not apply to any of the following: (a) Secondhand furniture merchants. (b) Pawnbrokers. (c) Secondhand car dealers or merchants in connection with automobile and motor vehicle sales agencies but not carried on and conducted in conjunction with a junk yard. (d) Persons engaged in the business of selling new automobile tires or batteries or other equipment taking in part payment used articles of the same kind and thereafter selling or disposing of the same. (e) Secondhand oil well supply and equipment dealers not conducting or carrying on their business in connection with a junk yard. (f) Secondhand clothing merchants and ragpickers. (Added by Stats. 1941, Ch. 1078.)
  191. 21604.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 9. Secondhand Goods [21500 - 21672] ( Chapter 9 added by Stats. 1941, Ch. 50. ) ## ARTICLE 3. Junk [21600 - 21610] ( Article 3 added by Stats. 1941, Ch. 1078. )

    Verify source ↗

    This section says the article generally does not apply to certain junk and scrap-metal transactions, including some purchases paid by check and some transfers from another junk dealer or recycler if required records, reports, and holding have already been done.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 9. Secondhand Goods [21500 - 21672] ( Chapter 9 added by Stats. 1941, Ch. 50. ) ## ARTICLE 3. Junk [21600 - 21610] ( Article 3 added by Stats. 1941, Ch. 1078. ) ## 21604. Except as otherwise provided in this article, this article does not apply to: (a) Any person who buys or sells junk acquired in the conduct of any business other than that of a junk dealer or recycler. (b) Except as provided in Section 21609.1, those purchases of scrap metal by a junk dealer or recycler when the payment for the scrap metal is by check issued to the company represented as being the owner of the scrap. (c) Scrap metal purchased or received from another junk dealer or recycler who has recorded, reported, and held the material as required. The purchase or receipt shall also be exempt from further holding or reporting provided that the selling party gives the buyer written assurance of this fact. The seller shall be held responsible for any failure to report or hold. (Amended by Stats. 2012, Ch. 656, Sec. 2. (SB 1387) Effective January 1, 2013.)
  192. 21605.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 9. Secondhand Goods [21500 - 21672] ( Chapter 9 added by Stats. 1941, Ch. 50. ) ## ARTICLE 3. Junk [21600 - 21610] ( Article 3 added by Stats. 1941, Ch. 1078. )

    Verify source ↗

    Junk dealers and recyclers in this state must keep written records of all sales and purchases made in the course of their business.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 9. Secondhand Goods [21500 - 21672] ( Chapter 9 added by Stats. 1941, Ch. 50. ) ## ARTICLE 3. Junk [21600 - 21610] ( Article 3 added by Stats. 1941, Ch. 1078. ) ## 21605. (a) Every junk dealer and every recycler in this state is hereby required to keep a written record of all sales and purchases made in the course of his or her business. (b) For purposes of this article, “recycler” means any processor, recycling center, or noncertified recycler, as those terms are defined in Chapter 2 (commencing with Section 14502) of Division 12.1 of the Public Resources Code, who buys or sells scrap metal that constitutes junk, as defined in Section 21600. (Amended by Stats. 1989, Ch. 1288, Sec. 4.)
  193. 21606.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 9. Secondhand Goods [21500 - 21672] ( Chapter 9 added by Stats. 1941, Ch. 50. ) ## ARTICLE 3. Junk [21600 - 21610] ( Article 3 added by Stats. 1941, Ch. 1078. )

    Verify source ↗

    Junk dealers and recyclers must keep detailed written records of junk transactions and report that information to the chief of police or sheriff; false statements about required information are a misdemeanor.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 9. Secondhand Goods [21500 - 21672] ( Chapter 9 added by Stats. 1941, Ch. 50. ) ## ARTICLE 3. Junk [21600 - 21610] ( Article 3 added by Stats. 1941, Ch. 1078. ) ## 21606. (a) Every junk dealer and every recycler shall set out in the written record required by this article all of the following: (1) The place, date, time, and amount paid of each sale or purchase of junk made in the conduct of their business as a junk dealer or recycler and the name of the employee handling the transaction. (2) One of the following methods of identification: (A) The name, valid driver’s license number, and state of issue or California- or United States-issued identification card number. (B) The name, identification number, and country of issue from a passport used for identification and the address from an additional item of identification that also bears the seller’s name. (C) The name and identification number from a Matricula Consular used for identification and the address from an additional item of identification that also bears the seller’s name. (3) The vehicle license number, including the state of issue, of any motor vehicle used in transporting the junk to the junk dealer’s or recycler’s place of business. (4) The name and address of each person to whom junk is sold or disposed of, and the license number of any motor vehicle used in transporting the junk from the junk dealer’s or recycler’s place of business. (5) A description of the item or items of junk purchased or sold, including the item type, weight, identifying marks engraved or etched on the metal, if any and readily visible, and serial numbers, if any and readily visible. (6) A signed statement indicating either that the seller of the junk is the owner of it, or the name of the person the seller obtained the junk from, as shown on a signed transfer document. (b) Any person who makes, or causes to be made, any false or fictitious statement regarding any information required by this section, is guilty of a misdemeanor. (c) Every junk dealer and every recycler shall report the information required in subdivision (a) to the chief of police or to the sheriff in the same manner as described in Section 21628. (Amended by Stats. 2025, Ch. 694, Sec. 1. (AB 476) Effective January 1, 2026.)
  194. 21606.5.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 9. Secondhand Goods [21500 - 21672] ( Chapter 9 added by Stats. 1941, Ch. 50. ) ## ARTICLE 3. Junk [21600 - 21610] ( Article 3 added by Stats. 1941, Ch. 1078. )

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    Junk dealers and recyclers must let certain authorized people inspect their premises, junk, records, and related purchased property during normal business hours.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 9. Secondhand Goods [21500 - 21672] ( Chapter 9 added by Stats. 1941, Ch. 50. ) ## ARTICLE 3. Junk [21600 - 21610] ( Article 3 added by Stats. 1941, Ch. 1078. ) ## 21606.5. Every junk dealer or recycler shall, during normal business hours, allow periodic inspection of any premises maintained and any junk thereon for the purpose of determining compliance with the recordkeeping requirements of this article, and shall during those hours produce his or her records of sales and purchases, except as provided in subparagraph (B) of paragraph (6) of subdivision (a) of Section 21608.5, and all property purchased incident to those transactions which is in the possession of the junk dealer or recycler for inspection by any of the following persons: (a) An officer holding a warrant authorizing him or her to search for personal property. (b) A person appointed by the sheriff of a county or appointed by the head of the police department of a city. (c) An officer holding a court order directing him or her to examine the records or property. (d) The amendments to this section made by the act adding this subdivision shall become operative on December 1, 2008. (Amended by Stats. 2009, Ch. 78, Sec. 1. (AB 85) Effective January 1, 2010.)
  195. 21607.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 9. Secondhand Goods [21500 - 21672] ( Chapter 9 added by Stats. 1941, Ch. 50. ) ## ARTICLE 3. Junk [21600 - 21610] ( Article 3 added by Stats. 1941, Ch. 1078. )

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    Junk dealers and recyclers must keep the written record required by this article for at least two years after the final entry of a purchase or sale of junk or scrap metals and alloys.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 9. Secondhand Goods [21500 - 21672] ( Chapter 9 added by Stats. 1941, Ch. 50. ) ## ARTICLE 3. Junk [21600 - 21610] ( Article 3 added by Stats. 1941, Ch. 1078. ) ## 21607. Every junk dealer and recycler shall preserve the written record required by this article for at least two years after making the final entry of any purchase or sale of junk or scrap metals and alloys as defined in Section 21600. (Amended by Stats. 1989, Ch. 1288, Sec. 7.)
  196. 21608.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 9. Secondhand Goods [21500 - 21672] ( Chapter 9 added by Stats. 1941, Ch. 50. ) ## ARTICLE 3. Junk [21600 - 21610] ( Article 3 added by Stats. 1941, Ch. 1078. )

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    Junk dealers and recyclers must keep the required written record, show it on demand under Section 21606.5, and not destroy it within two years after the final junk entry. Violations are misdemeanors, with higher penalties for knowing and willful violations.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 9. Secondhand Goods [21500 - 21672] ( Chapter 9 added by Stats. 1941, Ch. 50. ) ## ARTICLE 3. Junk [21600 - 21610] ( Article 3 added by Stats. 1941, Ch. 1078. ) ## 21608. (a) A junk dealer or recycler who fails in any respect to keep the written record required by this article, or to set out in that written record any matter required by this article to be set out therein, is guilty of a misdemeanor. Every junk dealer or recycler who refuses, upon demand pursuant to Section 21606.5, to exhibit the written record required by this article, or who destroys that record within two years after making the final entry of a purchase or sale of junk therein, is guilty of a misdemeanor. (b) Any knowing and willful violation of subdivision (a) shall be punishable as follows: (1) For a first offense, by a fine of not less than one thousand dollars ($1,000), or by imprisonment in the county jail for not less than 30 days, or by both that fine and imprisonment. (2) For a second offense, by a fine of not less than two thousand dollars ($2,000), or by imprisonment in the county jail for not less than 30 days, or by both that fine and imprisonment. In addition to any other sentence imposed pursuant to this paragraph, the court may order the defendant to stop engaging in business as a junk dealer or recycler for a period not to exceed 30 days. (3) For a third or any subsequent offense, by a fine of not less than four thousand dollars ($4,000), or by imprisonment in the county jail for not less than six months, or by both that fine and imprisonment. In addition to any other sentence imposed pursuant to this paragraph, the court shall order the defendant to stop engaging in business as a junk dealer or recycler for not less than one year. (c) The amendments to this section made by the act adding this subdivision shall become operative on December 1, 2008. (Amended by Stats. 2008, Ch. 731, Sec. 3. Effective September 30, 2008. Amended version operative December 1, 2008, pursuant to immediate operation of new subdivision (c).)
  197. 21608.3.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 9. Secondhand Goods [21500 - 21672] ( Chapter 9 added by Stats. 1941, Ch. 50. ) ## ARTICLE 3. Junk [21600 - 21610] ( Article 3 added by Stats. 1941, Ch. 1078. )

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    Junk dealers and recyclers must not make unauthorized disclosures of personal identification information collected from a seller.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 9. Secondhand Goods [21500 - 21672] ( Chapter 9 added by Stats. 1941, Ch. 50. ) ## ARTICLE 3. Junk [21600 - 21610] ( Article 3 added by Stats. 1941, Ch. 1078. ) ## 21608.3. (a) Any unauthorized disclosure of personal identification information collected from a seller by a junk dealer or recycler is prohibited, and any such disclosure shall render the violator liable for a civil fine of up to five thousand dollars ($5,000). (b) This section shall become operative on December 1, 2008. (Added by Stats. 2008, Ch. 730, Sec. 4. Effective September 30, 2008. Section operative December 1, 2008, by its own provisions.)
  198. 21608.5.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 9. Secondhand Goods [21500 - 21672] ( Chapter 9 added by Stats. 1941, Ch. 50. ) ## ARTICLE 3. Junk [21600 - 21610] ( Article 3 added by Stats. 1941, Ch. 1078. )

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    A junk dealer or recycler may not pay for nonferrous material unless the section’s payment, ID, photo, and thumbprint requirements are met, subject to listed exemptions.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 9. Secondhand Goods [21500 - 21672] ( Chapter 9 added by Stats. 1941, Ch. 50. ) ## ARTICLE 3. Junk [21600 - 21610] ( Article 3 added by Stats. 1941, Ch. 1078. ) ## 21608.5. (a) A junk dealer or recycler in this state shall not provide payment for nonferrous material unless, in addition to meeting the written record requirements of Sections 21605 and 21606, all of the following requirements are met: (1) (A) The payment for the material is made by cash, general use prepaid card, or check. The check may be mailed to the seller at the address provided pursuant to paragraph (3), or the cash or check may be collected by the seller from the junk dealer or recycler on or after the third business day after the date of sale. If the buyer offers, and the seller agrees, to have the payment made by general use prepaid card, the card may be provided to the seller at the time of sale, but funds shall not be available to the seller until the third business day after the date of sale. (B) If payment is made by general use prepaid card, a junk dealer or recycler shall pay any one-time initial issuance fee. (C) A general use prepaid card used pursuant to this section shall allow for reasonably convenient access to a surcharge-free cash access network location, and the junk dealer or recycler shall inform the seller as to the location of a designated surcharge-free cash access location upon issuance of the card. (D) Nothing in this section shall prevent or regulate the fees or surcharges charged by a bank or credit union that is not a party to the contract that requires payment to be made by a general use prepaid card. (2) At the time of sale, the junk dealer or recycler obtains a clear photograph or video of the seller. (3) (A) Except as provided in subparagraph (B), the junk dealer or recycler obtains a copy of the valid driver’s license of the seller containing a photograph and an address of the seller, a copy of a state or federal government-issued identification card containing a photograph and an address of the seller, a passport from any other country in addition to another item of identification bearing an address of the seller, or a Matricula Consular in addition to another item of identification bearing an address of the seller. (B) If the seller prefers to have the check or general use prepaid card with payment for the material mailed to an alternative address, other than a post office box, the junk dealer or recycler shall obtain a copy of a driver’s license or identification card described in subparagraph (A), and a gas or electric utility bill addressed to the seller at that alternative address with a payment due date no more than two months prior to the date of sale. For purposes of this paragraph, “alternative address” means an address that is different from the address appearing on the seller’s driver’s license or identification card. (4) The junk dealer or recycler obtains a clear photograph or video of the nonferrous material being purchased. (5) The junk dealer or recycler shall preserve the information obtained pursuant to this subdivision for a period of two years after the date of sale. (6) (A) The junk dealer or recycler obtains a thumbprint of the seller, as prescribed by the Department of Justice. The junk dealer or recycler shall keep this thumbprint with the information obtained under this subdivision and shall preserve the thumbprint in either hardcopy or electronic format for a period of two years after the date of sale. (B) Inspection or seizure of the thumbprint shall only be performed by a peace officer acting within the scope of the peace officer’s authority in response to a criminal search warrant signed by a magistrate and served on the junk dealer or recycler by the peace officer. Probable cause for the issuance of that warrant shall be based upon a theft specifically involving the transaction for which the thumbprint was given. (b) Paragraph (1) of subdivision (a) shall not apply if, during any three-month period commencing on or after the effective date of this section, the junk dealer or recycler completes five or more separate transactions per month, on five or more separate days per month, with the seller and, in order for paragraph (1) of subdivision (a) to continue to be inapplicable, the seller shall continue to complete five or more separate transactions per month with the junk dealer or recycler. (c) This section shall not apply if, on the date of sale, the junk dealer or recycler has on file or receives all of the following information: (1) The name, physical business address, and business telephone number of the seller’s business. (2) The business license number or tax identification number of the seller’s business. (3) A copy of the valid driver’s license of the person delivering the nonferrous material on behalf of the seller to the junk dealer or the recycler. (d) (1) This section shall not apply to the purchase of nonferrous material having a value of not more than twenty dollars ($20) in a single transaction, when the majority of the transaction is for the redemption of beverage containers under the California Beverage Container Recycling and Litter Reduction Act, as set forth in Division 12.1 (commencing with Section 14500) of the Public Resources Code. (2) Materials made of copper or copper alloys shall not be purchased under this subdivision. (e) This section shall not apply to coin dealers or to automobile dismantlers, as defined in Section 220 of the Vehicle Code. (f) For purposes of this section, “designated surcharge-free cash access network location” means a location designated, in a contract between a junk dealer or recycler and a card issuer, as a location where a general use prepaid card holder can withdraw cash without paying a surcharge. (g) For purposes of this section, “general use prepaid card” has the same meaning as “prepaid account” in Section 1005.2 of Title 12 of the Code of Federal Regulations as it read on April 1, 2019, except that a general use prepaid card does not include a card for which any of the following fees are charged by the card issuer to the card user: (1) A fee or surcharge to make a purchase with the card. (2) A fee or surcharge to make a balance inquiry. (3) A fee or surcharge to withdraw funds at a designated surcharge-free cash access network location. (4) A fee or surcharge to lodge a dispute regarding the balance of funds on the card. (5) A fee or surcharge for account inactivity. (h) For the purposes of this section, “nonferrous material” means copper, copper alloys, stainless steel, or aluminum, but does not include beverage containers, as defined in Section 14505 of the Public Resources Code, that are subject to a redemption payment pursuant to Section 14560 of the Public Resources Code. (i) This section is intended to occupy the entire field of law related to junk dealer or recycler transactions involving nonferrous material. However, a city or county ordinance, or a city and county ordinance, relating to the subject matter of this section is not in conflict with this section if the ordinance is passed by a two-thirds vote and it can be demonstrated by clear and convincing evidence that the ordinance is both necessary and addresses a unique problem within and specific to the jurisdiction of the ordinance that cannot effectively be addressed under this section. (Amended by Stats. 2019, Ch. 243, Sec. 1. (SB 143) Effective September 5, 2019.)
  199. 21608.6.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 9. Secondhand Goods [21500 - 21672] ( Chapter 9 added by Stats. 1941, Ch. 50. ) ## ARTICLE 3. Junk [21600 - 21610] ( Article 3 added by Stats. 1941, Ch. 1078. )

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    Junk dealers and recyclers generally may not pay for newspaper or CRV containers unless they use approved payment methods and keep required seller identification records; some sales are exempt.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 9. Secondhand Goods [21500 - 21672] ( Chapter 9 added by Stats. 1941, Ch. 50. ) ## ARTICLE 3. Junk [21600 - 21610] ( Article 3 added by Stats. 1941, Ch. 1078. ) ## 21608.6. (a) A junk dealer or recycler, as defined in subdivision (f), in this state shall not provide payment for newspaper, as defined in Section 538c of the Penal Code, or for California Redemption Value (CRV) containers unless, in addition to meeting the written record requirements of Sections 21605 and 21606, all of the following requirements are met: (1) The payment for the newspaper or for the CRV containers is made by check or by other electronic transfer from the junk dealer or recycler to the seller. A recycler, if authorized by regulations adopted pursuant to Division 12.1 (commencing with Section 14500) of the Public Resources Code, may provide payment for CRV containers through a voucher that is immediately redeemable for cash. (2) The junk dealer or recycler obtains and records a valid, documented address for the seller by obtaining a copy of the valid driver’s license of the seller containing a photograph and an address of the seller, or a copy of a state or federal government-issued identification card containing a photograph and an address of the seller, or other valid identification containing the seller’s address, such as utility bills in the seller’s name. The junk dealer or recycler shall preserve the photograph and the address or the copies obtained pursuant to this paragraph for a period of two years after the date of sale. (b) The requirements of paragraph (1) of subdivision (a) shall not apply if, during any three-month period commencing on or after the effective date of this section, the junk dealer or recycler completes five or more separate transactions per month with the seller, and in order for the requirements of paragraph (1) of subdivision (a) to continue to be inapplicable, the seller must continue to complete five or more separate transactions per month with the junk dealer or recycler. (c) This section shall not apply if, on the date of sale, the junk dealer or recycler has on file or receives all of the following information: (1) The name, physical business address, and business telephone number of the seller’s business. (2) The business license number or tax identification number of the seller’s business. (3) A copy of the valid driver’s license or a copy of a state or federal government-issued identification card containing a photograph and an address of the person delivering newspaper or CRV containers on behalf of the seller to the junk dealer or the recycler. (d) Any unauthorized disclosure of personal identification information collected from a seller by a junk dealer or recycler is prohibited, and any violation of this prohibition is subject to a civil fine not to exceed five thousand dollars ($5,000). (e) This section shall not apply to the payment for newspaper having a value of fifty dollars ($50) or less in a single transaction or CRV containers having a value of one hundred dollars ($100) or less in a single transaction. (f) This section shall only apply in jurisdictions that offer curbside pickup of materials that include newspaper and CRV containers. (g) Notwithstanding Section 21605, for purposes of this section, “recycler” means any processor, recycling center, or noncertified recycler, as those terms are defined in Chapter 2 (commencing with Section 14502) of Division 12.1 of the Public Resources Code. (Added by Stats. 2008, Ch. 733, Sec. 1. Effective January 1, 2009.)
  200. 21608.7.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 9. Secondhand Goods [21500 - 21672] ( Chapter 9 added by Stats. 1941, Ch. 50. ) ## ARTICLE 3. Junk [21600 - 21610] ( Article 3 added by Stats. 1941, Ch. 1078. )

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    A junk dealer or recycler must request theft alert notifications for commodity-metal thefts in its geographic region, unless the theft alert system requires payment.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 9. Secondhand Goods [21500 - 21672] ( Chapter 9 added by Stats. 1941, Ch. 50. ) ## ARTICLE 3. Junk [21600 - 21610] ( Article 3 added by Stats. 1941, Ch. 1078. ) ## 21608.7. (a) A junk dealer or recycler shall request to receive theft alert notifications regarding the theft of commodity metals, including, but not limited to, ferrous metal, copper, brass, aluminum, nickel, stainless steel, and alloys, in the junk dealer’s or recycler’s geographic region from the theft alert system maintained by the Institute of Scrap Recycling Industries, Inc., or its successor. (b) The requirement in subdivision (a) does not apply if the institute or its successor requires payment for use of the theft alert system. (Added by Stats. 2014, Ch. 608, Sec. 3. (AB 2312) Effective January 1, 2015.)

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