Business and Professions Code — Part 17 | BPC — United States — California law | Esheria

Business and Professions Code

Part 17 of 52 · provisions 3,201–3,400

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

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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. 21609.

    ## 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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    Peace officers may place a temporary hold on suspected stolen property held by a junk dealer or recycler, and the dealer or recycler must not release or dispose of it during the hold except as allowed.

    ## 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. ) ## 21609. (a) Whenever a peace officer has probable cause to believe that property in the possession of a junk dealer or recycler is stolen, in lieu of seizing the property, the peace officer as defined in subdivision (b) of Section 21606.5, at his or her option, may place a hold on the property for a period not to exceed 90 days. When a peace officer places a hold on the property, the peace officer shall give the junk dealer or recycler a written notice at the time the hold is placed, describing the item or items to be held plus the case number. During that period the junk dealer or recycler shall not release or dispose of the property, except pursuant to a court order or upon receipt of a written authorization signed by a peace officer who is a member of the law enforcement agency of which the peace officer placing the hold on the property is a member. Except as specifically set forth in this section, a junk dealer or recycler shall not be subject to civil liability for compliance with this section. (b) Whenever property that is in the possession of a junk dealer or recycler is subject to a hold and the property is required by a peace officer in a criminal investigation, the junk dealer or recycler, upon reasonable notice, shall produce the property at reasonable times and places or may deliver the property to any peace officer upon the request of any peace officer who is a member of the law enforcement agency of which the peace officer placing the hold on the property is a member. (c) Whenever property that is in the possession of a junk dealer or recycler is subject to a hold and the property is no longer required for the purpose of criminal investigation, the law enforcement agency that placed the hold on the property shall undertake the following: (1) With respect to the property being held, if the law enforcement agency has no knowledge of the property on hold being reported as stolen, the property shall be released upon written notice to the junk dealer or recycler. The notice shall be provided in a timely fashion. (2) If the law enforcement agency has knowledge that the property has been reported stolen, the law enforcement agency shall notify the person who reported the stolen property of the name and address of the junk dealer or recycler holding the property and authorize the release of the property to that person. The law enforcement agency that placed the property on hold shall release the hold after 60 days has elapsed following the delivery of the notice to the person who reported the property stolen. (3) If a victim seeks to recover property that is subject to a hold, the junk dealer or recycler shall advise the victim of the name and badge number of the peace officer who placed the hold on the property and the name of the law enforcement agency of which the officer is a member. If the property is not required to be held pursuant to a criminal prosecution the hold shall be released. (d) Upon conviction of a person for the theft of property placed on hold pursuant to this section, the court shall order the defendant to do both of the following: (1) Pay the junk dealer or recycler reasonable costs for the storage of the property. (2) Pay the victim for both the value of the property stolen and any reasonable collateral damage caused in the commission of the theft. (e) 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. 6. Effective September 30, 2008. Amended version operative December 1, 2008, pursuant to immediate operation of new subdivision (e).)
  2. 21609.1.

    ## 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 may not possess listed agency-owned materials unless they have the required written certification, and they must notify law enforcement by the next business day if they unknowingly receive prohibited material.

    ## 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. ) ## 21609.1. (a) A junk dealer or recycler shall not possess any of the following material that was owned or previously owned by an agency, in the absence of a written certification on the letterhead of the agency owning or previously owning the material described in the certification that the agency has either sold the material described or is offering the material for sale, salvage, or recycling, and that the person possessing the certification and identified in the certification is authorized to negotiate the sale of that material: (1) A fire hydrant or any reasonably recognizable part of a fire hydrant. (2) A fire department connection, including, but not limited to, reasonably recognizable bronze or brass fittings and parts. (3) A maintenance hole cover or lid or reasonably recognizable part of a maintenance hole cover or lid. (4) Backflow devices and connections to that device, or any part of that device. (5) Reasonably recognizable street lights, traffic signals, and their reasonably recognizable related equipment, including, but not limited to, all of the following: (A) Controller devices. (B) Light-emitting diode (LED) fixtures. (C) Ornamental or historical, modern, or pedestrian poles made of concrete, steel, brass, cast iron, or aluminum. (D) Solar street lighting components, such as solar panels, steel poles, and battery packs. (E) Colocation equipment. (F) Conductors, wiring, and cabling, including fiber optic cables. (G) Cameras. (H) Air quality sensors. (I) Digital banners and signs. (J) Pedestrian and cycling counters. (6) Active grade crossing signals. (7) Sewer flow monitoring station equipment. (8) Sewer pump station instrumentation and controls. (9) Stormwater auto sampling equipment and instrumentation. (10) Stormwater pump station instrumentation and controls. (11) Irrigation wiring. (12) Plaques. (13) Communications or broadband infrastructure or equipment. (14) Electric vehicle chargers. (15) Water meters and water meter components. (b) A junk dealer or recycler who unknowingly takes possession of one or more of the items listed in subdivision (a) as part of a load of otherwise nonprohibited materials without a written certification has a duty to notify the appropriate law enforcement agency by the end of the next business day upon discovery of the prohibited material. Written certification shall relieve the junk dealer or recycler from any civil or criminal penalty for possession of the prohibited material. The prohibited material shall be set aside and not sold pending a determination made by a law enforcement agency pursuant to Section 21609. (c) For purposes of this section, the following definitions apply: (1) “Agency” means a public agency, city, county, city and county, special district, or private utility regulated by the Public Utilities Commission. (2) “Appropriate law enforcement agency” means either of the following: (A) The police chief of the city, or their designee, if the item or items listed in subdivision (a) are located within the territorial limits of an incorporated city. (B) The sheriff of the county or their designee if the item or items listed are located within the county but outside the territorial limits of an incorporated city. (3) “Written certification” means a certification in written form by the junk dealer or recycler to a law enforcement agency, including electronic mail, facsimile, or a letter delivered in person or by certified mail. (Amended by Stats. 2025, Ch. 694, Sec. 2. (AB 476) Effective January 1, 2026.)
  3. 21609.5.

    ## 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 generally may not buy or receive marked refillable beer kegs from anyone other than the indicated owner.

    ## 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. ) ## 21609.5. (a) Except as provided in subdivision (b), no junk dealer or recycler may purchase or receive refillable stainless steel or aluminum alloy beer kegs marked with an indicia of ownership from any person or entity other than the indicated owner. For purposes of this section, “indicia of ownership” means words, symbols, or registered trademarks printed, stamped, etched, attached, or otherwise displayed on the exterior surface of the beer keg that reasonably identifies the owner. (b) If the seller is not the indicated owner, a junk dealer or recycler may purchase or receive refillable stainless steel or aluminum alloy beer kegs only if the seller or transferor provides a receipt from the indicated owner verifying the seller’s current ownership or a document indicating that the seller or transferor is authorized by the indicated owner to sell or transfer the beer kegs. Copies of these documents shall be maintained by the junk dealer or recycler as part of the written record of the transaction. (Added by Stats. 2007, Ch. 349, Sec. 1. Effective January 1, 2008.)
  4. 21609.7.

    ## 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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    Junk dealers and recyclers generally may not buy marked bulk merchandise pallets from anyone other than the indicated owner, unless specified documents are provided or a good-faith possession 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 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. ) ## 21609.7. (a) Except as provided in subdivisions (b) and (d), a junk dealer or recycler shall not purchase bulk merchandise pallets marked with an indicia of ownership from any person or entity other than the indicated owner. (b) (1) If the seller is not the indicated owner, a junk dealer or recycler may purchase bulk merchandise pallets if the seller provides one of the following: (A) A receipt from the indicated owner verifying the seller’s current ownership. (B) A document indicating that the seller is authorized by the indicated owner to sell the merchandise pallets. (2) Copies of these documents shall be maintained by the junk dealer or recycler as part of the written record of the transaction. (c) For a single purchase transaction involving five or more bulk merchandise pallets marked with indicia of ownership where the seller is not the indicated owner, the junk dealer or recycler shall make payment only by a check mailed to the address shown on the driver’s license or other government-issued photo identification provided by the seller or by cash or check collected by the seller on or after the third business day following the date of the transaction. (d) Nothing in this section prohibits a junk dealer or recycler from acquiring good faith possession of merchandise pallets based on the representations of the seller that the indicated owner cannot be located or has failed to retrieve the merchandise pallets on a timely basis. If the indicated owner can be located, a junk dealer or recycler who acquires good faith possession shall give notice of good faith possession to the indicated owner of the merchandise pallets. The seller shall retain a copy of this notice of good faith possession for at least two years. A junk dealer or recycler who acquires good faith possession may require payment of reasonable storage fees for the merchandise pallets if the indicated owner demands a return within 35 calendar days after the junk dealer or recycler notifies the indicated owner of having acquired good faith possession. After 35 calendar days from when the junk dealer or recycler provides notice of good faith possession to the indicated owner, the owner shall be deemed to have relinquished possession of the merchandise pallets, at which time the junk dealer or recycler may either sell the pallets or charge reasonable storage fees if the indicated owner demands a return and the pallets are still in the possession of the junk dealer or recycler. (1) The notice of good faith possession shall contain all of the following information: (A) The date of the good faith possession. (B) The name and contact information of the junk dealer or recycler that has acquired good faith possession of the merchandise pallets. (C) The location of where the merchandise pallets are held. (D) The number of merchandise pallets acquired. (E) The date on or after which the merchandise pallets will be deemed relinquished to the junk dealer or recycler. (2) The notice of good faith possession shall be shall be sent by mail or email to the indicated owner at the indicated owner’s physical or email address, if known. (e) For purposes of this section, the following definitions apply: (1) “Bulk merchandise pallets” means plastic or wood containers, carriers, or holders used by a manufacturer or distributor for bulk transport of merchandise to wholesale or retail outlets. (2) “Indicia of ownership” means words, symbols, or registered trademarks printed, stamped, etched, attached, or otherwise displayed on the exterior surface of the merchandise pallet that reasonably identifies the owner. (Amended by Stats. 2022, Ch. 521, Sec. 1. (AB 1760) Effective January 1, 2023.)
  5. 21610.

    ## 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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    Core recyclers handling catalytic converters must keep detailed records, follow non-cash and identity-checking payment rules, and retain the information for at least two years.

    ## 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. ) ## 21610. (a) For the purposes of this section, the following terms have the following meanings: (1) For the purposes of this section, the term “core recycler” means a person or business, including a recycler or junk dealer, that buys used individual catalytic converters, transmissions, or other parts previously removed from a vehicle. A person or business that buys a vehicle that may contain these parts is not a core recycler. (2) “Commercial enterprise” includes any of the following: (A) An automobile dismantler licensed pursuant to Chapter 3 (commencing with Section 11500) of Division 5 of the Vehicle Code. (B) A core recycler that maintains a fixed place of business for the purpose of obtaining catalytic converters pursuant to this section. (C) A motor vehicle manufacturer, dealer, or lessor-retailer licensed pursuant to Division 5 (commencing with Section 11100) of the Vehicle Code. (D) An automotive repair dealer licensed pursuant to Chapter 20.3 (commencing with Section 9880) of Division 3. (E) Any other licensed business that may reasonably generate, possess, or sell used catalytic converters. (b) A core recycler who accepts a catalytic converter for recycling shall maintain a written record that contains all of the following: (1) The place and date of each sale or purchase of a catalytic converter made in the conduct of their business as a core recycler. (2) The name, valid driver’s license number, and state of issue, or California-issued identification number, of the seller of the catalytic converter and the vehicle license number, including state of issue of a motor vehicle used in transporting the catalytic converter to the core recycler’s place of business. If the seller is a commercial enterprise, the written record shall include the name, physical business address, business telephone number, and the business license number or tax identification number of the commercial enterprise. (3) A description of the catalytic converters purchased or sold, including the item type and quantity, amount paid for the catalytic converter, and identification number, if any, and the year, make, model, and vehicle identification number of the vehicle from which the catalytic converter was removed. (4) A statement indicating either that the seller of the catalytic converter is the owner of the catalytic converter, or the name of the person from whom the seller obtained the catalytic converter, including the business, if applicable, as shown on a signed transfer document. (5) If applicable, a copy of the title of the vehicle from which the catalytic converter accepted was removed that shows the vehicle identification number matches the number permanently marked on the catalytic converter. (c) A core recycler engaged in the selling or shipping of used catalytic converters to other recyclers or smelters shall retain information on the sale that includes all of the following: (1) The name and address of each person to whom the catalytic converter is sold or disposed of. (2) The quantity of catalytic converters being sold or shipped. (3) The amount that was paid for the catalytic converters sold in the transaction. (4) The date of the transaction. (d) A core recycler shall not provide payment for a catalytic converter unless all of the following requirements are met: (1) The payment is made by check, credit card, or any other traceable form of payment other than cash, and provided to the seller by either of the following: (A) (i) Except as provided in clause (ii), mailed to the seller at the address provided pursuant to paragraph (3). (ii) For a seller that is a commercial enterprise, mailed to the seller’s business address. (B) (i) Except as provided in clause (ii), collected by the seller from the recycler on the third business day after the date of sale. (ii) A seller that is a commercial enterprise may receive immediate payment by check or by debit card or credit card. (2) At the time of sale, the core recycler obtains a clear photograph or video of the seller. (3) (A) Except as provided in subparagraph (B), the core recycler obtains a copy of the valid driver’s license of the seller or the seller’s agent containing a photograph and an address of the seller or the seller’s agent, or a copy of a state or federal government-issued identification card containing a photograph and an address of the seller or the seller’s agent. (B) If the seller prefers to have the check for the catalytic converter mailed to an alternative address, other than a post office box, the core 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 the alternative address with a payment due date no more than two months prior to the date of sale. For the purpose of this subparagraph, “alternative address” means an address that is different from the address appearing on the seller’s driver’s license or identification card. (4) The core recycler obtains a clear photograph or video of the catalytic converter being sold. If applicable, the photograph or video shall capture the permanent marking of the vehicle identification number. (5) At the time of sale, the core recycler obtains a written statement from the seller indicating how the seller obtained the catalytic converter. (6) The seller is a person described in Section 10852.5 of the Vehicle Code. (e) The requirements of subdivision (d) shall not apply to a core recycler that buys used catalytic converters, transmissions, or other parts removed from a vehicle if the core recycler and the seller have a written agreement for the transaction, provided that the written agreement includes a log or other regularly updated record of all catalytic converters received pursuant to the agreement that describes each catalytic converter with sufficient particularity, including any identification numbers or markings, so that each of those catalytic converters in the core recycler’s inventory can reasonably be matched to its description in the agreement. (f) Notwithstanding subdivision (b), core recyclers accepting catalytic converters from commercial enterprises who hold a written agreement with a business that sells catalytic converters for recycling purposes are required to collect only the following information: (1) Name of seller or agent acting on behalf of the seller. (2) The seller’s physical business address and business telephone number. (3) The seller’s business license number or tax identification number. (4) Date of transaction. (5) Number of catalytic converters received in the course of the transaction. (6) Amount of money that was paid for catalytic converters in the course of the transaction. (7) A copy of the written agreement. (g) A core recycler shall keep and maintain the information required pursuant to this section for not less than two years. (h) A core recycler shall make the information required pursuant to this section available for inspection by local law enforcement upon demand. (i) A person who makes, or causes to be made, a false or fictitious statement regarding any information required pursuant to this section is guilty of a misdemeanor. (j) A person who violates the requirements of this section is guilty of a misdemeanor. (k) Upon conviction, a person who knowingly and willfully violates the requirements of this section shall be punished as follows: (1) For a first conviction, by a fine of one thousand dollars ($1,000). (2) (A) For a second conviction, by a fine of not less than two thousand dollars ($2,000). (B) In addition to the fine imposed pursuant to subparagraph (A), the court may order the defendant to cease engaging in the business of a core recycler for a period not to exceed 30 days. (3) (A) For a third and subsequent conviction, by a fine of not less than four thousand dollars ($4,000). (B) In addition to the fine imposed pursuant to subparagraph (A), the court shall order the defendant to cease engaging in the business of a core recycler for a period not less than one year. (l) The provisions of this section apply to core recyclers and do not apply to a subsequent purchaser of a catalytic converter who is not a core recycler. Other than subdivisions (f) to (j), inclusive, this section does not apply to a core recycler who holds a written agreement with a commercial enterprise regarding the transactions, provided that the written agreement includes a log or other regularly updated record of all catalytic converters received pursuant to the agreement that describes each catalytic converter with sufficient particularity, including any identification numbers or markings, so that each of those catalytic converters in the core recycler’s inventory can reasonably be matched to its description in the agreement. (Amended by Stats. 2023, Ch. 858, Sec. 1. (SB 55) Effective January 1, 2024.)
  6. 21625.

    ## 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 4. Tangible Personal Property [21625 - 21647] ( Heading of Article 4 amended by Stats. 1980, Ch. 499, Sec. 4.5. )

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    This section states the Legislature’s intent to reduce stolen-property trafficking and require statewide reporting for certain tangible personal property businesses, except for specifically exempt property or transactions.

    ## 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 4. Tangible Personal Property [21625 - 21647] ( Heading of Article 4 amended by Stats. 1980, Ch. 499, Sec. 4.5. ) ## 21625. It is the intent of the Legislature in enacting this article to curtail the dissemination of stolen property and to facilitate the recovery of stolen property by means of a uniform, statewide, state-administered program of regulation of persons whose principal business is the buying, selling, trading, auctioning, or taking in pawn of tangible personal property and to aid the State Board of Equalization to detect possible sales tax evasion. Further, it is the intent of the Legislature in enacting this article to require the uniform statewide reporting of tangible personal property acquired by persons whose principal business is the buying, selling, trading, auctioning, or taking in pawn of tangible personal property, unless the property or the transaction is specifically exempt herein, for the purpose of correlating these reports with other reports of city, county, and city and county law enforcement agencies and further utilizing the services of the Department of Justice to aid in tracing and recovering stolen property. Further, it is the intent of the Legislature that this article shall not be superseded or supplanted by the provisions of any ordinance or charter of any city, county, or city and county. (Amended by Stats. 1980, Ch. 499, Sec. 1.)
  7. 21626.

    ## 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 4. Tangible Personal Property [21625 - 21647] ( Heading of Article 4 amended by Stats. 1980, Ch. 499, Sec. 4.5. )

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    This section defines who counts as a secondhand dealer and who counts as a coin dealer.

    ## 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 4. Tangible Personal Property [21625 - 21647] ( Heading of Article 4 amended by Stats. 1980, Ch. 499, Sec. 4.5. ) ## 21626. (a) A “secondhand dealer,” as used in this article, means and includes any person, copartnership, firm, or corporation whose business includes buying, selling, trading, taking in pawn, accepting for sale on consignment, accepting for auctioning, or auctioning secondhand tangible personal property. A “secondhand dealer” does not include a “coin dealer” or participants at gun shows or events, as defined in Section 478.100 of Title 27 of the Code of Federal Regulations, or its successor, who are not required to be licensed pursuant to Sections 26700 to 26915, inclusive, of the Penal Code, who are acting in compliance with the requirements of Sections 26500 to 26585, inclusive, and 27545 of the Penal Code, and who are not a “Gun Show Trader,” as described in Sections 16620 and 26525 of the Penal Code. (b) As used in this section, a “coin dealer” means any person, firm, partnership, or corporation whose principal business is the buying, selling, and trading of coins, monetized bullion, or commercial grade ingots of gold, or silver, or other precious metals. (Amended by Stats. 2010, Ch. 178, Sec. 15. (SB 1115) Effective January 1, 2011. Operative January 1, 2012, by Sec. 107 of Ch. 178.)
  8. 21626.5.

    ## 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 4. Tangible Personal Property [21625 - 21647] ( Heading of Article 4 amended by Stats. 1980, Ch. 499, Sec. 4.5. )

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    This section says some people are not “secondhand dealers,” including auctioneers for a fee or salary and certain businesses that only recondition and sell major household appliances.

    ## 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 4. Tangible Personal Property [21625 - 21647] ( Heading of Article 4 amended by Stats. 1980, Ch. 499, Sec. 4.5. ) ## 21626.5. “Secondhand dealer,” as used in this article, does not include either of the following: (a) Any person who performs the services of an auctioneer for a fee or salary. (b) Any person whose business is limited to the reconditioning and selling of major household appliances, provided all the following conditions are met: (1) The person does not trade, take in pawn, accept for drop-off, accept as a trade-in, accept for sale on consignment, accept for auction, auction, or buy, except in bulk, the appliances. (2) The person does not perform repair services for owners of appliances unless the appliance was purchased from the person. (3) The person has never been convicted of the crime of attempting to receive or receiving stolen property or any other theft-related crime. (Amended by Stats. 1996, Ch. 103, Sec. 1. Effective July 1, 1996.)
  9. 21627.

    ## 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 4. Tangible Personal Property [21625 - 21647] ( Heading of Article 4 amended by Stats. 1980, Ch. 499, Sec. 4.5. )

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    This section defines “tangible personal property” for this article and requires secondhand dealers to keep and show purchase records for certain new goods for one year.

    ## 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 4. Tangible Personal Property [21625 - 21647] ( Heading of Article 4 amended by Stats. 1980, Ch. 499, Sec. 4.5. ) ## 21627. (a) As used in this article, “tangible personal property” means all secondhand tangible personal property that bears a serial number or personalized initials or inscription or that, at the time it is acquired by the secondhand dealer, bears evidence of having had a serial number or personalized initials or inscription. (b) “Tangible personal property” also means the following: (1) All tangible personal property, new or used, including motor vehicles, received in pledge as security for a loan by a pawnbroker. (2) All tangible personal property that bears a serial number or personalized initials or inscription and that is purchased by a secondhand dealer or a pawnbroker or that, at the time of the purchase, bears evidence of having had a serial number or personalized initials or inscription. (3) All tangible personal property that the Attorney General statistically determines through the most recent Department of Justice crime data, updated pursuant to Section 13010 of the Penal Code, to constitute a significant class of stolen goods. A list of that personal property shall be supplied by the Attorney General to all local law enforcement agencies and posted on the Attorney General’s Internet Web site. That list shall be updated annually by the Attorney General, beginning January 1, 2016, to ensure that it addresses current problems with stolen goods. (c) As used in this article, “tangible personal property” does not include any new goods or merchandise purchased from a bona fide manufacturer or distributor or wholesaler of the new goods or merchandise by a secondhand dealer. For the purposes of this article, however, a secondhand dealer shall retain for one year from the date of purchase, and shall make available for inspection by any law enforcement officer, any receipt, invoice, bill of sale, or other evidence of purchase of the new goods or merchandise. (d) As used in this article, “tangible personal property” does not include coins, monetized bullion, or commercial grade ingots of gold, silver, or other precious metals. “Commercial grade ingots” means 0.99 fine or finer ingots of gold, silver, palladium, or platinum, or 0.925 fine sterling silver art bars and medallions, provided that the ingots, art bars, and medallions are marked by the refiner or fabricator as to their assay fineness. (e) For purposes of this article, a “significant class of stolen goods” means those items determined through the Department of Justice’s most recent OpenJustice Web portal update to constitute more than 10 percent of property reported stolen in the calendar year preceding the annual posting of the list of significant classes of stolen goods. (Amended by Stats. 2016, Ch. 418, Sec. 3. (AB 2524) Effective January 1, 2017.)
  10. 21627.5.

    ## 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 4. Tangible Personal Property [21625 - 21647] ( Heading of Article 4 amended by Stats. 1980, Ch. 499, Sec. 4.5. )

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    This section defines “CAPSS” as the California Pawn and Secondhand Dealer System.

    ## 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 4. Tangible Personal Property [21625 - 21647] ( Heading of Article 4 amended by Stats. 1980, Ch. 499, Sec. 4.5. ) ## 21627.5. “CAPSS” means the California Pawn and SecondhandDealer System, which is a single, statewide, uniform electronic reporting system that receives secondhand dealer reports and is operated by the Department of Justice consistent with Resolution Chapter 16 of the Statutes of 2010. The maintenance and operation of CAPSS is funded by the Secondhand Dealer and Pawnbroker Fund established pursuant to Section 21642.5. (Added by Stats. 2016, Ch. 793, Sec. 2. (AB 1751) Effective September 29, 2016.)
  11. 21628.

    ## 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 4. Tangible Personal Property [21625 - 21647] ( Heading of Article 4 amended by Stats. 1980, Ch. 499, Sec. 4.5. )

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    Secondhand dealers and coin dealers must report covered secondhand property to CAPSS, keep seller/pledger identification and fingerprints, and provide records to law enforcement when notified the item is lost, stolen, or embezzled.

    ## 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 4. Tangible Personal Property [21625 - 21647] ( Heading of Article 4 amended by Stats. 1980, Ch. 499, Sec. 4.5. ) ## 21628. (a) Every secondhand dealer or coin dealer described in Section 21626 shall report daily, or no later than the next business day excluding weekends and holidays after receipt or purchase of secondhand tangible personal property, to the California Pawn and SecondhandDealer System (CAPSS), all secondhand tangible personal property, except for firearms, which they have purchased, taken in trade, taken in pawn, accepted for sale on consignment, or accepted for auctioning, in accordance with Section 21630 and this section. The report shall be legible, prepared in English, completed where applicable, and include the information specified in subparagraphs (A) to (C), inclusive, of paragraph (1), as applicable. (1) (A) A property description. The property description shall be a complete and reasonably accurate description of the property, including, but not limited to, the following: serial number, personalized inscriptions, and other identifying marks or symbols, owner-applied numbers, the size, color, material, and, if known by the secondhand dealer, the manufacturer’s pattern name. The property description shall include the brand and model name or number of the item if known to, or reasonably ascertainable by, the secondhand dealer. The property description shall include a plain text description of the item generally accepted by the secondhand industry. Watches need not be disassembled when special skill or special tools are required to obtain the required information, unless specifically requested to do so by a peace officer. A special tool does not include a penknife, caseknife, or similar instrument and disassembling a watch with a penknife, caseknife, or similar instrument does not constitute a special skill. In all instances where the required information may be obtained by removal of a watchband, then the watchband shall be removed. The cost associated with opening the watch shall be borne by the pawnbroker, secondhand dealer, or customer. (B) A secondhand dealer shall utilize in the article field either an article field descriptor, the format of which shall be provided by the Department of Justice, or a properly spelled and non-abbreviated plain text descriptor commonly recognized and utilized by the pawn and secondhand dealer industry. The lack of an article field descriptor provided by the Department of Justice shall not be relevant to any determination as to whether the secondhand dealer has received evidence of authority to sell or pledge the property pursuant to paragraph (1) of subdivision (b) so long as the secondhand dealer reports an article field descriptor consistent with this subdivision. (C) In the case of the receipt or purchase of a handheld electronic device by a secondhand dealer, the serial number reported pursuant to subparagraph (A) may be the International Mobile Station Equipment Identity (IMEI), the mobile equipment identifier (MEID), or other unique identifying number assigned to that device by the device manufacturer. If none of these identifying numbers are available by the time period required for reporting pursuant to this subdivision, the report shall be updated with the IMEI, MEID, or other unique identifying number assigned to that device by the device manufacturer as soon as reasonably possible but no later than 10 working days after receipt or purchase of the handheld electronic device. (D) For the purpose of this paragraph, “handheld electronic device” means any portable device that is capable of creating, receiving, accessing, or storing electronic data or communications and includes, but is not limited to, a cellular phone, smartphone, or tablet. (2) A report submitted by a pawnbroker or secondhand dealer shall be deemed to have been accepted by the Department of Justice if a good faith effort has been made to supply all of the required information. An error or omission on the report shall be noted, and the reporting pawnbroker or secondhand dealer shall be notified of the error or omission by the Department of Justice. A reporting pawnbroker or secondhand dealer shall have three business days from that notice to amend or correct the report before being subject to any enforcement violation. (b) (1) When a secondhand dealer complies with this section, they shall be deemed to have received from the seller or pledger adequate evidence of authority to sell or pledge the property for all purposes included in this article, and Division 8 (commencing with Section 21000) of the Financial Code. (2) In enacting this subdivision, it is the intent of the Legislature that its provisions shall not adversely affect the implementation of, or prosecution under, any provision of the Penal Code. (c) Any person who conducts business as a secondhand dealer at any gun show or event, as defined in Section 478.100 of Title 27 of the Code of Federal Regulations, or its successor, outside the jurisdiction that issued the secondhand dealer license in accordance with subdivision (d) of Section 21641, may be required to submit a duplicate of the transaction report prepared pursuant to this section to the local law enforcement agency where the gun show or event is conducted. (d) (1) The Department of Justice shall recognize and accept the properly spelled and non-abbreviated plain text property descriptors generally accepted in the pawn and secondhand industries provided by pawnbrokers and secondhand dealers, as has been the longstanding practice of chiefs of police and sheriffs when they had received paper reports from pawnbrokers and secondhand dealers. (2) A report required of a secondhand dealer pursuant to this section shall be transmitted by electronic means to CAPSS by the secondhand dealer. (3) Unless specifically identified in this section, the Department of Justice, chiefs of police, and sheriffs shall not require a secondhand dealer to include any additional information concerning the seller, the pledger, or the property received by the secondhand dealer in the report required by this section. (4) If there is a future change to the reporting requirements of CAPSS that substantively alters the reporting standards provided by this article, those changes shall be implemented and operated in compliance with the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). In implementing and operating a future change to CAPSS, the Department of Justice, chiefs of police, and sheriffs shall comply with Sections 21637 and 21638. Notwithstanding any other law, the Department of Justice shall not take any action with respect to the implementation, operation, or maintenance of CAPSS required by this chapter by adoption of an emergency regulation. (5) On or before July 1, 2017, the Department of Justice shall convene a meeting with the Department of Technology to discuss issues pertaining to any proposed changes or upgrades to CAPSS required by this chapter. The Department of Technology may provide technological assistance for ongoing improvements, updates, or changes to CAPSS required by this chapter, as requested. (6) A coin dealer shall report the information required by this section under the reporting standard described in paragraph (1) on a form developed by the Attorney General that the coin dealer shall transmit each day by facsimile transmission or by mail to the chief of police or sheriff. A transaction shall consist of not more than one item. (7) For purposes of this subdivision, “item” shall mean any single physical article. However, with respect to a commonly accepted grouping of articles that are purchased as a set, including, but not limited to, a pair of earrings or place settings of china, silverware, or other tableware, “item” shall mean that commonly accepted grouping. (8) This subdivision does not exempt a secondhand dealer from the fingerprinting requirement of this section. (e) (1) Each secondhand dealer or coin dealer, as defined in Section 21626, shall record and maintain the identification of the intended seller or pledger for three years from the date the item was reported to CAPSS. The identification of the seller or pledger of the property shall be verified by the person taking the information, who may use technology, including, but not limited to, cameras or software, or both, to obtain information and verify identity remotely. The verification shall be valid if the person taking the information reasonably relies on any one of the following documents, provided that the document is currently valid or has been issued within five years and contains a photograph or description, or both, of the person named on it, and, where applicable, is signed by the person, and bears a serial or other identifying number: (A) A passport of the United States. (B) A driver’s license issued by any state or Canada. (C) An identification card issued by any state. (D) An identification card issued by the United States. (E) A passport from any other country in addition to another item of identification bearing an address. (F) A Matricula Consular, in addition to another item of identification bearing an address. (2) Each secondhand dealer or coin dealer, as defined in Section 21626, shall also record and maintain a certification by the intended seller or pledger that the person is the owner of the property or has the authority of the owner to sell or pledge the property, and a legible fingerprint taken from the intended seller or pledger. (3) (A) If local law enforcement notifies the secondhand dealer or coin dealer, pursuant to Section 21647 of this code or Chapter 12 (commencing with Section 1407) of Title 10 of Part 2 of the Penal Code, that the item from the intended seller or pledger has been reported lost, stolen, or embezzled, the secondhand dealer or coin dealer shall provide law enforcement the information recorded as required by this subdivision immediately upon request or no later than the next business day. (B) The required fields on CAPSS, which would otherwise be used to identify the intended seller or pledger of the property, shall instead be populated by “on file,” and the information on that person’s identity shall be recorded and maintained as required by this subdivision. (f) This section does not exempt a person licensed as a firearms dealer pursuant to Sections 26700 to 26915, inclusive, of the Penal Code from the reporting requirements for the delivery of firearms pursuant to Sections 26700 to 26915, inclusive, of the Penal Code. (g) This section shall become operative on January 1, 2023. (Amended (as added by Stats. 2020, Ch. 185, Sec. 2) by Stats. 2022, Ch. 723, Sec. 1. (SB 1317) Effective January 1, 2023.)
  12. 21628.2.

    ## 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 4. Tangible Personal Property [21625 - 21647] ( Heading of Article 4 amended by Stats. 1980, Ch. 499, Sec. 4.5. )

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    Secondhand dealers must electronically report covered firearms to the Department of Justice on the transaction day and keep a copy of the report available for inspection.

    ## 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 4. Tangible Personal Property [21625 - 21647] ( Heading of Article 4 amended by Stats. 1980, Ch. 499, Sec. 4.5. ) ## 21628.2. (a) For purposes of this section, the “department” shall mean the Department of Justice. (b) Every secondhand dealer described in Section 21626 shall, in a format prescribed by the department, and on the day of the transaction, electronically report to the department each firearm purchased, taken in trade, taken in pawn, accepted for sale on consignment, or accepted for auctioning. The secondhand dealer shall retain a copy of the report submitted to the department and make it available for inspection by the department, any peace officer, or any local law enforcement employee who is authorized by Article 1 (commencing with Section 26700) and Article 2 (commencing with Section 26800) of Chapter 2 of Division 6 of Title 4 of Part 6 of the Penal Code to inspect a firearms transaction record. (c) The department may retain secondhand dealer reports to determine whether a firearm taken in by a secondhand dealer has been reported lost or stolen. If the department’s records indicate that the firearm is lost or stolen, the department shall notify the law enforcement agency that entered the information in the department’s records and a law enforcement agency with jurisdiction over the secondhand dealer’s business location about the status of the firearm. The Dealers’ Record of Sale shall be retained by the department pursuant to Section 11106 of the Penal Code. (d) All information in the secondhand dealer report of each firearm described in subdivision (a) shall be electronically provided by the department to the secure mailbox of the local law enforcement agency described in Section 21630 within one working day of receipt by the department. (Amended (as amended by Stats. 2010, Ch. 178, Sec. 17) by Stats. 2011, Ch. 745, Sec. 1. (AB 809) Effective January 1, 2012.)
  13. 21628.3.

    ## 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 4. Tangible Personal Property [21625 - 21647] ( Heading of Article 4 amended by Stats. 1980, Ch. 499, Sec. 4.5. )

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    A secondhand dealer must verify the seller’s or pledger’s identification for each transaction.

    ## 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 4. Tangible Personal Property [21625 - 21647] ( Heading of Article 4 amended by Stats. 1980, Ch. 499, Sec. 4.5. ) ## 21628.3. In complying with the requirements of Section 21628, a secondhand dealer shall verify the identification of the seller or pledger for each transaction, not for each item that shall be reported. (Added by Stats. 2015, Ch. 749, Sec. 2. (AB 1182) Effective January 1, 2016.)
  14. 21628.5.

    ## 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 4. Tangible Personal Property [21625 - 21647] ( Heading of Article 4 amended by Stats. 1980, Ch. 499, Sec. 4.5. )

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    Business machine dealers must report certain used business machines to the chief of police or sheriff, with a limited repair-report exception.

    ## 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 4. Tangible Personal Property [21625 - 21647] ( Heading of Article 4 amended by Stats. 1980, Ch. 499, Sec. 4.5. ) ## 21628.5. (a) Every business machine dealer shall report all used business machines which he has purchased, taken in trade, or accepted for sale or consignment, from an individual, to the chief of police or to the sheriff in accordance with the provisions of Section 21628 and Section 21630. Every business machine dealer shall report all used business machines which he has repaired, if required to do so by the chief of police or the sheriff in accordance with the provisions of Section 21628 and Section 21630. No report of repair shall be required from a dealer servicing or repairing a machine in the possession of the owner to whom that dealer sold that machine when it was new. (b) As used in this section, the term “business machines” includes, but is not limited to, typewriters, adding machines, check-writing devices, cash registers, calculators, addressing machines, copying and accounting equipment, letter-sorting and folding devices, and recording equipment, but does not include office furniture or fixtures. (Amended by Stats. 1976, Ch. 1344.)
  15. 21629.

    ## 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 4. Tangible Personal Property [21625 - 21647] ( Heading of Article 4 amended by Stats. 1980, Ch. 499, Sec. 4.5. )

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    This section exempts certain tangible personal property from the article’s reporting rules, but imposes recordkeeping and notice requirements in some cases.

    ## 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 4. Tangible Personal Property [21625 - 21647] ( Heading of Article 4 amended by Stats. 1980, Ch. 499, Sec. 4.5. ) ## 21629. The provisions of this article shall not apply to any tangible personal property which has been: (a) Acquired from another secondhand dealer; provided the secondhand dealer selling or trading the tangible personal property states in writing under penalty of perjury, along with a description of the property, on an interdealer transfer form or an itemized bill of sale, that the report or reports required by this article have been properly made and submitted by that dealer. A copy of the form or the itemized bill of sale shall be delivered to the acquiring dealer at the time the transaction occurs. Interdealer transfer forms shall be provided at actual cost by the Department of Justice. The dealers involved in the transaction shall retain their copy of the interdealer transfer form or itemized bill of sale for a period of three years as a matter of record, and shall make them available for inspection by any law enforcement officer. (b) Acquired in a nonjudicial sale, transfer, assignment, assignment for the benefit of creditors, or consignment of the assets or stock in trade, in bulk, or a substantial part thereof, of an industrial or commercial enterprise for purposes of voluntary dissolution or liquidation of the seller’s business, or for the purpose of disposing of an excessive quantity of personal property; or which has been acquired in a nonjudicial sale or transfer from an owner of his or her entire household of personal property, or a substantial part thereof; provided, the secondhand dealer retains in his or her place of business for a period of three years a copy of the bill of sale, receipt, inventory list, or other transfer document as a matter of record which shall be made available for inspection by any law enforcement officer; and provided further, that the secondhand dealer notifies the chief of police or the sheriff that exemption from reporting is being claimed under this subdivision. “Industrial or commercial enterprise” and “owner” as used in this subdivision do not include a secondhand dealer; (c) Acquired in a sale made by any public officer in his or her official capacity, trustee in bankruptcy, executor, administrator, receiver, or public official acting under judicial process or authority, or which has been acquired in a sale made upon the execution of, or by virtue of, any process issued by a court, or under the provisions of Division 7 (commencing with Section 7101) of the Commercial Code; (d) Acquired as the surplus property of the United States government or of a state, city, county, city and county, municipal corporation, or public district and which after requisition or acquisition by the United States government or by a state, city, county, city and county, municipal corporation, or public district has never thereafter been sold at retail; and (e) Reported by a secondhand dealer as an acquisition or a purchase, or which has been reported as destroyed or otherwise disposed of, (1) to a state agency by the authority of any other law of this State; or (2) to a city, county, or city and county officer or agency by the authority of any other law of this State or a city, county, or city and county ordinance. (f) Acquired by persons, firms, partnerships, or corporations who buy, sell, or trade precious metals, whether in the form of coins or commercial grade ingots, who: (1) are designated contract markets by or registered with the Commodity Futures Trading Commission under the Federal Commodities Exchange Act and acting pursuant thereto; or (2) infrequently conduct their business directly with members of the general public. As used in this subdivision, “infrequently” means occasional and without regularity. (Amended by Stats. 1982, Ch. 1229, Sec. 2. Effective September 22, 1982.)
  16. 21629.5.

    ## 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 4. Tangible Personal Property [21625 - 21647] ( Heading of Article 4 amended by Stats. 1980, Ch. 499, Sec. 4.5. )

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    This section says the article applies to tangible personal property bought by a secondhand dealer when the item was obtained with the expectation that it would later be taken back by the transferor or the transferor’s agent.

    ## 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 4. Tangible Personal Property [21625 - 21647] ( Heading of Article 4 amended by Stats. 1980, Ch. 499, Sec. 4.5. ) ## 21629.5. Notwithstanding Section 21629, the provisions of this article shall apply to any tangible personal property which has been acquired by a secondhand dealer with the understanding or expectation that such property would later be reacquired by the transferor or an agent thereof. (Added by Stats. 1980, Ch. 499, Sec. 5.)
  17. 21630.

    ## 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 4. Tangible Personal Property [21625 - 21647] ( Heading of Article 4 amended by Stats. 1980, Ch. 499, Sec. 4.5. )

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    Secondhand dealers and coin dealers must electronically send certain acquisition reports to CAPSS by the next business day, unless a malfunction prevents it or a same-property report was already filed within 12 months.

    ## 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 4. Tangible Personal Property [21625 - 21647] ( Heading of Article 4 amended by Stats. 1980, Ch. 499, Sec. 4.5. ) ## 21630. (a) A secondhand dealer or coin dealer shall electronically transmit to CAPSS no later than the next business day after the date of transaction excluding weekends and holidays or, if not then possible due to an electrical, telecommunications, or other malfunction, as soon as reasonable thereafter, the report of acquisition of tangible personal property as required by Section 21628. (b) Notwithstanding Section 21628, submission of a tangible property acquisition report is not required if the report of an acquisition of the same property from the same customer has been submitted within the preceding 12 months. (Repealed and added by Stats. 2016, Ch. 793, Sec. 6. (AB 1751) Effective September 29, 2016.)
  18. 21631.

    ## 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 4. Tangible Personal Property [21625 - 21647] ( Heading of Article 4 amended by Stats. 1980, Ch. 499, Sec. 4.5. )

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    Certain licensed pawnbrokers, secondhand dealers, and coin dealers must report and hold tangible personal property found in their shop, and may later treat unclaimed property as regularly acquired business property after 60 days.

    ## 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 4. Tangible Personal Property [21625 - 21647] ( Heading of Article 4 amended by Stats. 1980, Ch. 499, Sec. 4.5. ) ## 21631. Notwithstanding any other provisions of law, all tangible personal property that is found in the shop of a pawnbroker, secondhand dealer, or coin dealer, doing business under a California secondhand dealer’s license, shall be reported as required under subdivisions (c) and (d) of Section 21628, including any additional information required by Section 21628 that is known by the reporting person, and shall be held as required under Section 21636 on forms as required under Section 21633. If no claim is made for the property for a period of 60 days after it is reported, the pawnbroker, secondhand dealer, or coin dealer may treat the property as property regularly acquired in the due course of business. (Added by Stats. 1992, Ch. 647, Sec. 2. Effective January 1, 1993.)
  19. 21634.

    ## 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 4. Tangible Personal Property [21625 - 21647] ( Heading of Article 4 amended by Stats. 1980, Ch. 499, Sec. 4.5. )

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    If a chief of police or sheriff receives a report filed under this article, they must send the original report to the Department of Justice every day.

    ## 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 4. Tangible Personal Property [21625 - 21647] ( Heading of Article 4 amended by Stats. 1980, Ch. 499, Sec. 4.5. ) ## 21634. The chief of police or the sheriff who receives a report on a form filed pursuant to the provisions of this article shall daily submit the original to the Department of Justice. (Amended by Stats. 1972, Ch. 1377.)
  20. 21636.

    ## 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 4. Tangible Personal Property [21625 - 21647] ( Heading of Article 4 amended by Stats. 1980, Ch. 499, Sec. 4.5. )

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    Secondhand dealers and coin dealers must keep reported firearms for 30 days and make them available for inspection; the Department of Justice may allow earlier disposition for 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 9. Secondhand Goods [21500 - 21672] ( Chapter 9 added by Stats. 1941, Ch. 50. ) ## ARTICLE 4. Tangible Personal Property [21625 - 21647] ( Heading of Article 4 amended by Stats. 1980, Ch. 499, Sec. 4.5. ) ## 21636. (a) Every secondhand dealer and coin dealer shall retain in his or her possession for a period of 30 days all firearms reported under Section 21628.2. The 30-day holding period with respect to firearms shall commence with the date the report of its acquisition was made electronically to the Department of Justice by the secondhand dealer and coin dealer. The Department of Justice may for good cause authorize prior disposition of any firearms described in a specific report, provided that a secondhand dealer who disposes of firearms pursuant to that authorization shall report the sale thereof to the Department of Justice. (b) During the 30-day holding period specified in subdivision (a), every secondhand dealer and coin dealer shall produce any firearm reported under Section 21628.2 for inspection by any peace officer or employee designated by the Department of Justice. (c) Firearms subject to inspection as specified in subdivision (b) and firearms held in pawn that are stored off the business premises of the licensee shall, upon request for inspection, be produced at the licensee’s business premises within one business day of a request. (d) Any person who conducts business as a secondhand dealer at any gun show or event, as defined in Section 478.100 of Title 27 of the Code of Federal Regulations, or its successor, outside the jurisdiction that issued the secondhand dealer license in accordance with subdivision (d) of Section 21641, may be required to submit for inspection, as specified in subdivision (b), any firearm acquired at a gun show or event within 48 hours of the request of the local law enforcement agency in the jurisdiction where the gun show or event was conducted at a location specified by the local law enforcement agency. (Amended by Stats. 2018, Ch. 184, Sec. 1. (AB 1993) Effective January 1, 2019.)
  21. 21636.1.

    ## 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 4. Tangible Personal Property [21625 - 21647] ( Heading of Article 4 amended by Stats. 1980, Ch. 499, Sec. 4.5. )

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    Secondhand dealers and coin dealers must hold reported tangible personal property for seven days and make it available for inspection; some sale-related recordkeeping and retention rules can shorten the hold after five days if specific record details are met.

    ## 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 4. Tangible Personal Property [21625 - 21647] ( Heading of Article 4 amended by Stats. 1980, Ch. 499, Sec. 4.5. ) ## 21636.1. (a) Every secondhand dealer and coin dealer shall retain in his or her possession for a period of seven days all tangible personal property, as defined in Section 21627, reported pursuant to Sections 21628 and 21630. The seven-day holding period with respect to tangible personal property shall commence with the date the report of its acquisition was made to CAPSS. (b) During the seven-day holding period specified in subdivision (a), every secondhand dealer and coin dealer shall produce any tangible personal property reported pursuant to Sections 21628 and 21630 for inspection by any peace officer or employee designated by the local licensing authority or the Department of Justice. (c) Tangible personal property subject to inspection as specified in subdivision (b) and all tangible personal property held in pawn that is stored off the business premises of the licensee shall, upon request for inspection, be produced at the licensee’s business premises within one business day of a request by the local licensing authority or the Department of Justice. (d) (1) If 5 days have elapsed since the transmission of the report of acquisition pursuant to Section 21628 or 21630, the remainder of the seven-day hold specified in subdivision (a) shall not apply to any tangible personal property sold by the secondhand dealer or coin dealer when the following are present: (A) The secondhand dealer or coin dealer has recorded the sale in its book of records. (B) The record of sale includes: (i) The name of buyer to whom the tangible personal property was sold. (ii) The buyer’s address. (iii) At least one of the following: (I) The buyer’s telephone number. (II) The buyer’s email address. (III) The buyer’s electronic address for receiving text messages. (2) In documenting the record of sale as set forth in paragraph (1), the secondhand dealer or coin dealer shall record the information provided by the buyer and shall not have any duty to verify the accuracy of the information provided by the buyer. (3) The information collected pursuant to this subdivision shall be retained by the secondhand dealer or coin dealer for 21 days following the date of sale of the property by the secondhand dealer or coin dealer and shall be available for inspection by a local law enforcement agency during this period. (4) If a sale of property is made pursuant to this subdivision, and within 21 days of the sale a local law enforcement agency notifies the secondhand dealer or coin dealer that the property has been reported stolen, the record of the sale and all information contained therein shall be provided to that local law enforcement agency by the secondhand dealer or coin dealer upon written request by that agency. (Added by Stats. 2018, Ch. 184, Sec. 2. (AB 1993) Effective January 1, 2019.)
  22. 21636.5.

    ## 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 4. Tangible Personal Property [21625 - 21647] ( Heading of Article 4 amended by Stats. 1980, Ch. 499, Sec. 4.5. )

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    Secondhand dealers and coin dealers must not promise sellers that they can buy back tangible property after selling it.

    ## 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 4. Tangible Personal Property [21625 - 21647] ( Heading of Article 4 amended by Stats. 1980, Ch. 499, Sec. 4.5. ) ## 21636.5. No secondhand dealer or coin dealer shall promise a seller of tangible property that the seller may repurchase property sold to the secondhand dealer or coin dealer. (Added by Stats. 1989, Ch. 884, Sec. 4.)
  23. 21636.6.

    ## 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 4. Tangible Personal Property [21625 - 21647] ( Heading of Article 4 amended by Stats. 1980, Ch. 499, Sec. 4.5. )

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    A person who must be licensed under Section 21640 may not publicly advertise business-related matters unless the license number is included.

    ## 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 4. Tangible Personal Property [21625 - 21647] ( Heading of Article 4 amended by Stats. 1980, Ch. 499, Sec. 4.5. ) ## 21636.6. It is unlawful for any person, who is required to be licensed under Section 21640, to publicly advertise any matter relating to the business for which the license is required without including the license number. (Added by Stats. 1992, Ch. 647, Sec. 3. Effective January 1, 1993.)
  24. 21637.

    ## 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 4. Tangible Personal Property [21625 - 21647] ( Heading of Article 4 amended by Stats. 1980, Ch. 499, Sec. 4.5. )

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    Local laws and state laws still apply to reporting, holding, or releasing tangible personal property, but local or state agencies may not impose certain extra requirements on specified precious-metal transactions or on pawnbrokers and secondhand dealers beyond the listed code provisions.

    ## 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 4. Tangible Personal Property [21625 - 21647] ( Heading of Article 4 amended by Stats. 1980, Ch. 499, Sec. 4.5. ) ## 21637. Nothing herein contained shall be deemed to excuse compliance with the provisions of any city, county, or city and county ordinance or any other state law pertaining to or covering the reporting, holding, or releasing of tangible personal property, not inconsistent with the provisions of this article, except that no city, county, or city and county or any other state agency shall adopt the following: (a) Holding, reporting, or identification requirements for transactions involving coins, monetized bullion, or commercial grade ingots of gold, silver, or other precious metals. (b) Identification, holding, or reporting requirements for the acquisition of tangible personal property, in the ordinary course of business, by pawnbrokers and secondhand dealers, other than as set forth in Sections 21628, 21630, 21633, and 21636 of this code, and commencing July 1, 2010, Section 21628.2 of this code, and Section 21208 of the Financial Code. (Amended by Stats. 2009, Ch. 335, Sec. 7. (SB 449) Effective January 1, 2010.)
  25. 21638.

    ## 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 4. Tangible Personal Property [21625 - 21647] ( Heading of Article 4 amended by Stats. 1980, Ch. 499, Sec. 4.5. )

    Verify source ↗

    Local governments may enforce compatible ordinances about secondhand or coin dealers, but they may not adopt certain holding, reporting, or identification requirements for specified precious-metal and pawn/secondhand transactions.

    ## 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 4. Tangible Personal Property [21625 - 21647] ( Heading of Article 4 amended by Stats. 1980, Ch. 499, Sec. 4.5. ) ## 21638. The provisions of this article shall not prohibit enactment, amendment, or enforcement by any city, county, or city and county of any local ordinance relating to a secondhand dealer or coin dealer which is not inconsistent with the provisions of this article, except that no city, county, or city and county, or any other state agency shall adopt the following: (a) Holding, reporting, or identification requirements for transactions involving coins, monetized bullion, or commercial grade ingots of gold, silver, or other precious metals. (b) Identification, holding, or reporting requirements for the acquisition of tangible personal property, in the ordinary course of business, by pawnbrokers and secondhand dealers, other than as set forth in Sections 21628, 21630, 21633, and 21636 of this code, and commencing July 1, 2010, Section 21628.2 of this code, and Section 21208 of the Financial Code. (Amended by Stats. 2009, Ch. 335, Sec. 8. (SB 449) Effective January 1, 2010.)
  26. 21638.5.

    ## 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 4. Tangible Personal Property [21625 - 21647] ( Heading of Article 4 amended by Stats. 1980, Ch. 499, Sec. 4.5. )

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    Holding-period rules in specified sections do not apply to personal property pledged to a pawnbroker when the pledgor redeems the property.

    ## 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 4. Tangible Personal Property [21625 - 21647] ( Heading of Article 4 amended by Stats. 1980, Ch. 499, Sec. 4.5. ) ## 21638.5. Sections 21636, 21636.1, 21637, and 21638, insofar as they apply to holding periods for personal property, are not applicable to personal property pledged to a pawnbroker with respect to the redemption of personal property by the pledgor. (Amended by Stats. 2023, Ch. 510, Sec. 91. (SB 887) Effective January 1, 2024.)
  27. 21640.

    ## 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 4. Tangible Personal Property [21625 - 21647] ( Heading of Article 4 amended by Stats. 1980, Ch. 499, Sec. 4.5. )

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    A person may not operate as a secondhand dealer unless licensed under 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 4. Tangible Personal Property [21625 - 21647] ( Heading of Article 4 amended by Stats. 1980, Ch. 499, Sec. 4.5. ) ## 21640. It is unlawful for any person to engage in the business of secondhand dealer, as defined in Section 21626, without being licensed as provided in this article. (Added by Stats. 1980, Ch. 499, Sec. 13.)
  28. 21641.

    ## 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 4. Tangible Personal Property [21625 - 21647] ( Heading of Article 4 amended by Stats. 1980, Ch. 499, Sec. 4.5. )

    Verify source ↗

    Local police, sheriff, or police commission officials must process eligible secondhand dealer license applications, and DOJ must provide forms and receive the application and fee.

    ## 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 4. Tangible Personal Property [21625 - 21647] ( Heading of Article 4 amended by Stats. 1980, Ch. 499, Sec. 4.5. ) ## 21641. (a) The chief of police, the sheriff, or, where appropriate, the police commission, shall accept an application for and grant a license permitting the licensee to engage in the business of secondhand dealer, as defined in Section 21626, to an applicant who has not been convicted of an attempt to receive stolen property or any other offense involving stolen property. Prior to the granting of a license, the licensing authority shall submit the application to the Department of Justice. If the Department of Justice does not comment on the application within 30 days thereafter, the licensing authority may grant the applicant a license. All forms for application and licensure, and license renewal, shall be prescribed and provided by the Department of Justice. A fee shall be charged to the applicant by the Department of Justice as specified in Section 21642.5. The licensing authority shall collect the fee and transmit the fee to the Department of Justice. In addition, the police chief, the sheriff, or, where appropriate, the police commission, may charge a fee to the applicant not to exceed the actual costs incurred to process the application and to collect and transmit the fee charged by the Department of Justice. (b) For the purposes of this section, “convicted” means a plea or verdict of guilty or a conviction following a plea of nolo contendere. (c) Notwithstanding subdivisions (a) and (b), no person shall be denied a secondhand dealer’s license solely on the grounds that he or she violated any provision contained in this article or Article 5 (commencing with Section 21650), or any provision contained in Chapter 2 (commencing with Section 21200) of Division 8 of the Financial Code, unless the violation demonstrates a pattern of conduct. (d) Any person licensed as a firearms dealer pursuant to Sections 26700 to 26915, inclusive, of the Penal Code, who is conducting business at gun shows or events pursuant to subdivision (b) of Section 26805 of the Penal Code, and who has a valid secondhand dealer license granted by the appropriate local authorities in the jurisdiction where the firearms dealer license has been granted, shall be authorized to conduct business as a secondhand dealer at any gun show or event, as defined in Section 478.100 of Title 27 of the Code of Federal Regulations, or its successor, without regard to the jurisdiction within this state that issued the secondhand dealer license pursuant to subdivision (a) of this section. No additional fees or separate secondhand dealer license shall be required by any agency having jurisdiction over the locality where the gun show or event is conducted. However, the person shall otherwise be subject to, and comply with, the requirements of this article when he or she acts as a secondhand dealer at the gun show or event to the same extent as if he or she were licensed as a secondhand dealer in the jurisdiction in which the gun show or event is being conducted. (Amended by Stats. 2012, Ch. 172, Sec. 4. (AB 391) Effective August 17, 2012.)
  29. 21642.

    ## 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 4. Tangible Personal Property [21625 - 21647] ( Heading of Article 4 amended by Stats. 1980, Ch. 499, Sec. 4.5. )

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    Secondhand dealer licenses must be renewed every two years and every other year after that, with a renewal application and fee. The licensee must follow location, display, and conduct conditions, and violations can lead to forfeiture or injunction.

    ## 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 4. Tangible Personal Property [21625 - 21647] ( Heading of Article 4 amended by Stats. 1980, Ch. 499, Sec. 4.5. ) ## 21642. (a) A license granted pursuant to Section 21641 shall be renewable the second year from the date of issue, and every other year thereafter, upon the filing of a renewal application and the payment of a license renewal fee specified by the licensing authority, as described in this subdivision. The Department of Justice shall also charge a fee, as specified in Section 21642.5. The licensing authority shall collect the fee and transmit the fee and a copy of the renewed license to the Department of Justice. The police chief, sheriff, or, where appropriate, the police commission may charge a fee not to exceed the actual costs incurred to process the renewal application of the licensee and to collect and transmit the fee charged by the Department of Justice. (b) The license shall be subject to forfeiture by the licensing authority and the licensee’s activities as a secondhand dealer shall be subject to being enjoined pursuant to Section 21646 for breach of any of the following conditions: (1) The business shall be carried on only at the location designated on the license. The license shall designate all locations where property belonging to the business is stored. Property of the business may be stored at locations not designated on the license only with the written consent of the local licensing authority. (2) The license or a copy thereof, certified by the licensing authority, shall be displayed on the premises in plain view of the public. (3) The licensee shall not engage in any act which the licensee knows to be in violation of this article. (4) The licensee shall not be convicted of an attempt to receive stolen property or any other offense involving stolen property. For the purposes of this paragraph, “convicted” means a plea or verdict of guilty or a conviction following a plea of nolo contendere. Any action which the chief of police, the sheriff, or, where appropriate, the police commission is permitted to take following the establishment of a conviction may be taken when the time for appeal has elapsed, or the judgment of conviction has been affirmed on appeal, or when an order granting probation is made suspending the imposition of sentence, irrespective of a subsequent order under the provisions of Section 1203.4 of the Penal Code. (c) Notwithstanding subdivisions (a) and (b), no person shall have his or her renewal application for a secondhand dealer’s license denied, nor shall his or her secondhand dealer’s license be forfeited solely on the grounds that he or she violated any provision contained in this article or Article 5 (commencing with Section 21650), or any provision contained in Chapter 2 (commencing with Section 21200) of Division 8 of the Financial Code, unless the violation demonstrates a pattern of conduct. (Amended by Stats. 2012, Ch. 172, Sec. 5. (AB 391) Effective August 17, 2012.)
  30. 21642.5.

    ## 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 4. Tangible Personal Property [21625 - 21647] ( Heading of Article 4 amended by Stats. 1980, Ch. 499, Sec. 4.5. )

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    The Department of Justice must charge certain license applicants and some existing licensees fees, and it must require fingerprint information from applicants.

    ## 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 4. Tangible Personal Property [21625 - 21647] ( Heading of Article 4 amended by Stats. 1980, Ch. 499, Sec. 4.5. ) ## 21642.5. (a) The Department of Justice shall require each applicant for an initial license under Section 21641 of this code or Section 21300 of the Financial Code and each applicant for renewal of a license under Section 21642 of this code or Section 21301 of the Financial Code to pay a fee not to exceed three hundred dollars ($300), but in no event exceeding the costs described in subdivision (b), except that the fee may be increased at a rate not to exceed any increase in the California Consumer Price Index as compiled and reported by the Department of Industrial Relations. (b) The fees assessed pursuant to subdivision (a) shall be no more than necessary to cover the reasonable regulatory costs to the department of doing all of the following: (1) Processing initial license applications under Section 21641 of this code and Section 21300 of the Financial Code. (2) Processing renewal applications under Section 21642 of this code and Section 21301 of the Financial Code. (3) Implementing, operating, and maintaining CAPSS described in Section 21627.5. (c) All licensees holding a license issued before the effective date of the act adding this section pursuant to Section 21641 or 21642 of this code or Section 21300 or 21301 of the Financial Code shall, within 120 days after enactment of the act adding this section in the 2011–12 Regular Session, in addition to any fee required under subdivision (a), pay a fee not to exceed two hundred eighty-eight dollars ($288) to the Department of Justice. (d) The fees paid pursuant to subdivisions (a) and (c) shall be deposited in the Secondhand Dealer and Pawnbroker Fund, which is hereby established in the State Treasury. The revenue in the fund shall, upon appropriation by the Legislature, be used by the Department of Justice for the purpose of paying for the costs described in paragraphs (1) to (3), inclusive, of subdivision (b), except that the revenue received pursuant to subdivision (c) shall, upon appropriation by the Legislature, be used by the Department of Justice for the purpose of paying for the costs described in paragraph (3) of subdivision (b). (e) Applicants described in subdivision (a) shall submit to the Department of Justice fingerprint images and related information required by the Department of Justice for the purposes of obtaining information as to the existence and contents of a record of state convictions and state arrests and information as to the existence and contents of a record of state arrests for which the Department of Justice establishes that the person is free on bail or on his or her own recognizance pending trial or appeal. (1) The Department of Justice shall prepare a state-level response pursuant to paragraph (1) of subdivision (l) of Section 11105 of the Penal Code. (2) The Department of Justice shall provide subsequent notification service pursuant to Section 11105.2 of the Penal Code for applicants described in this subdivision. (3) The Department of Justice shall charge a fee sufficient to cover the cost of processing the request described in this subdivision. The fee revenues shall be deposited in the Fingerprint Fee Account and shall, upon appropriation by the Legislature, be used by the department for the purposes of paying the costs associated with this subdivision. (Amended by Stats. 2016, Ch. 793, Sec. 8. (AB 1751) Effective September 29, 2016.)
  31. 21643.

    ## 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 4. Tangible Personal Property [21625 - 21647] ( Heading of Article 4 amended by Stats. 1980, Ch. 499, Sec. 4.5. )

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    Transactions that must be reported under Section 21628, and from July 1, 2010 Section 21628.2, must not be carried out with a minor.

    ## 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 4. Tangible Personal Property [21625 - 21647] ( Heading of Article 4 amended by Stats. 1980, Ch. 499, Sec. 4.5. ) ## 21643. No transactions that require reporting under Section 21628, or commencing July 1, 2010, Section 21628.2, shall be engaged in with a minor. (Amended by Stats. 2009, Ch. 335, Sec. 9. (SB 449) Effective January 1, 2010.)
  32. 21645.

    ## 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 4. Tangible Personal Property [21625 - 21647] ( Heading of Article 4 amended by Stats. 1980, Ch. 499, Sec. 4.5. )

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    Violating this article with knowledge or reason to know is a misdemeanor, with escalating fines and jail time for repeat offenses.

    ## 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 4. Tangible Personal Property [21625 - 21647] ( Heading of Article 4 amended by Stats. 1980, Ch. 499, Sec. 4.5. ) ## 21645. A violation of any provision of this article under circumstances where a person knows or should have known that a violation was being committed is a misdemeanor punishable as follows: (a) For the first offense, a fine of up to one thousand five hundred dollars ($1,500) or imprisonment in the county jail up to two months, or both. (b) For the second offense, a fine of up to five thousand dollars ($5,000) or imprisonment in the county jail up to four months, or both. (c) For the third, and any subsequent offense, a fine of up to twenty-five thousand dollars ($25,000) or imprisonment in the county jail up to six months, or both. (Amended by Stats. 1986, Ch. 826, Sec. 5.)
  33. 21646.

    ## 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 4. Tangible Personal Property [21625 - 21647] ( Heading of Article 4 amended by Stats. 1980, Ch. 499, Sec. 4.5. )

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    The district attorney or the Attorney General may sue to stop violations or threatened violations of this article or related regulations.

    ## 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 4. Tangible Personal Property [21625 - 21647] ( Heading of Article 4 amended by Stats. 1980, Ch. 499, Sec. 4.5. ) ## 21646. The district attorney or the Attorney General, in the name of the people of the State of California, may bring an action to enjoin the violation or the threatened violation of any provision of this article or of any regulation made pertaining to the provisions of this article. Any proceeding brought hereunder shall be governed in all respects by the provisions of Chapter 3 (commencing with Section 525) of Title 7 of Part 2 of the Code of Civil Procedure. (Added by Stats. 1980, Ch. 499, Sec. 17.)
  34. 21647.

    ## 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 4. Tangible Personal Property [21625 - 21647] ( Heading of Article 4 amended by Stats. 1980, Ch. 499, Sec. 4.5. )

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    This section lets peace officers place a hold on certain property held by licensed pawnbrokers or secondhand dealers when the property is believed to be lost, stolen, or embezzled, and requires the business and law enforcement to follow notice, retention, and release rules.

    ## 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 4. Tangible Personal Property [21625 - 21647] ( Heading of Article 4 amended by Stats. 1980, Ch. 499, Sec. 4.5. ) ## 21647. (a) (1) If a peace officer has probable cause to believe that property, except coins, monetized bullion, or “commercial grade ingots” as defined in subdivision (d) of Section 21627, in the possession of a licensed pawnbroker or secondhand dealer is lost, stolen, or embezzled, the peace officer may place a hold on the property for a period not to exceed 90 days. (2) A 90-day hold issued pursuant to this section: (A) Is created upon the receipt by a licensed pawnbroker or secondhand dealer of a written notice by a peace officer that contains the following: (i) An accurate description of the property being placed on the 90-day hold. (ii) An acknowledgment that the property is being placed on hold pursuant to this section and denoting whether physical possession will remain with the licensed pawnbroker or secondhand dealer or will be taken by the law enforcement agency instituting the 90-day hold. (iii) The law enforcement agency’s police report or department record number, if issued, for which the property is needed as evidence. (iv) The date the notice was delivered to the licensed pawnbroker or secondhand dealer that shall initiate the notification period set forth in subdivisions (c) and (g). (B) Shall not exceed a period of 90 calendar days, but may be renewed as provided in subparagraph (C). (C) May be renewed as often as is required for a criminal investigation or criminal proceeding by any peace officer who is a member of the same law enforcement agency as the peace officer placing the hold on the property. (D) Permits a peace officer to either take physical possession of the property as evidence, consistent with a peace officer’s right to a plain view seizure for a criminal investigation or criminal proceeding, or to leave the property in the possession of the licensed pawnbroker or secondhand dealer as a custodian on behalf of the law enforcement agency. (E) Requires the licensed pawnbroker or secondhand dealer to maintain physical possession of the property placed on hold and prohibits the property’s release or disposal, except pursuant to the written authorization signed by a peace officer who is a member of the same law enforcement agency as the peace officer placing the hold on the property. (F) Terminates when the property is no longer needed as evidence in a criminal investigation or criminal proceeding, at which time the property shall be disposed of pursuant to subdivision (d). (G) Shall not be applicable to secure lost, stolen, or embezzled property found in the possession of an unlicensed pawnbroker or secondhand dealer that has not duly and correctly reported the acquisition pursuant to Section 21628. In such a circumstance, a peace officer, having probable cause to believe the property found in the possession of an unlicensed pawnbroker or secondhand dealer is lost, stolen, or embezzled, may seize the item or items consistent with the authority granted the peace officer under the Penal Code or any other law. (b) (1) Whenever property that is in the possession of a licensed pawnbroker or secondhand dealer, and that has been placed on hold pursuant to this section, is required by a peace officer in a criminal investigation, the licensed pawnbroker or secondhand dealer, upon reasonable notice, shall produce the property at reasonable times and places or may deliver the property to the peace officer upon the request of any peace officer. (2) If property placed on hold pursuant to this section is physically surrendered or delivered to a law enforcement agency during the period of the hold, the hold and the pawnbroker’s lien against the property shall continue. (c) Whenever a law enforcement agency has knowledge that property in the possession of a licensed pawnbroker or secondhand dealer has been reported as lost, stolen, or embezzled, the law enforcement agency shall, within two business days after placing the hold on the property pursuant to this section, notify in writing the person who reported the property as lost, stolen, or embezzled of the following: (1) The name, address, and telephone number of the licensed pawnbroker or secondhand dealer who reported the acquisition of the property. (2) That the law neither requires nor prohibits payment of a fee or any other condition in return for the surrender of the property, except that when the person who reported the property lost, stolen, or embezzled does not choose to participate in the prosecution of an identified alleged thief, the person shall pay the licensed pawnbroker or secondhand dealer the “out-of-pocket” expenses paid in the acquisition of the property in return for the surrender of the property. (3) That if the person who reported the property as lost, stolen, or embezzled takes no action to recover the property from the licensed pawnbroker or secondhand dealer within 60 days of the mailing of the notice, the licensed pawnbroker or secondhand dealer may treat the property as other property received in the ordinary course of business. During the 60-day notice period, the licensed pawnbroker or secondhand dealer may not release the property to any other person. (4) That a copy of the notice, with the address of the person who reported the property as lost, stolen, or embezzled deleted, will be mailed to the licensed pawnbroker or secondhand dealer who is in possession of the property. (d) When property that is in the possession of a licensed pawnbroker or secondhand dealer is subject to a hold as provided in subdivision (a), and the property is no longer required for the purpose of a criminal investigation or criminal proceeding, the law enforcement agency that placed the hold on the property shall release the hold on the property and return the property to the licensed pawnbroker or secondhand dealer from which it was taken if the law enforcement agency took physical possession of the property. (e) If a pledgor seeks to redeem property that is subject to a hold, the licensed pawnbroker shall advise the pledgor of the name of the peace officer who placed the hold on the property and the name of the law enforcement agency of which the officer is a member. If the property is not required to be held pursuant to a criminal prosecution the hold shall be released. (f) Whenever information regarding allegedly lost, stolen, or embezzled property is entered into the Department of Justice automated property system or automated firearms system, and the property is thereafter identified and found to be in the possession of a licensed pawnbroker or secondhand dealer, the property shall be placed on a hold pursuant to this section and Section 11108.5 of the Penal Code. (g) If the hold, including any additional hold, is allowed to lapse, or 60 days elapse following the delivery of the notice required to be given by subdivision (c) to the person who reported the property to be lost, stolen, or embezzled without a claim being made by that person, whichever is later, the licensed pawnbroker or secondhand dealer may mail under a certificate of mailing issued by the United States Post Office, addressed to the law enforcement agency that placed the property on hold, a written request to delete the property listing from the Department of Justice automated property system or automated firearms system, as is applicable. Within 30 days after the request has been mailed, the law enforcement agency shall either cause the property listing to be deleted as requested or place a hold on the property. If no law enforcement agency takes any further action with respect to the property within 45 days after the mailing of the request, the licensed pawnbroker or secondhand dealer may presume that the property listing has been deleted as requested and may thereafter deal with the property accordingly, and shall not be subject to liability arising from the failure of the removal of the property listing from the Department of Justice automated property system or automated firearms system. (h) A licensed pawnbroker or secondhand dealer shall not refuse a request to place property in their possession on hold pursuant to this section when a peace officer has probable cause to believe the property is lost, stolen, or embezzled. If a licensed pawnbroker or secondhand dealer refuses a request to place property on hold pursuant to this section, the property may be seized with or without a warrant. The peace officer shall issue a receipt, as described in Section 21206.7 of the Financial Code, left with the licensed pawnbroker or secondhand dealer. The property shall be disposed of pursuant to procedures set forth in Section 21206.8 of the Financial Code, which shall apply to both licensed pawnbrokers and secondhand dealers under this section. (i) If a search warrant is issued for the search of the business of a licensed pawnbroker or secondhand dealer to secure lost, stolen, or embezzled property that has been placed on hold, the hold shall continue for the duration that the property remains subject to the court’s jurisdiction. Notwithstanding any other law, when the use of the property seized for a criminal investigation or criminal proceeding has concluded, the property shall be disposed of pursuant to subdivision (d). (j) If a civil or criminal court is called upon to adjudicate the competing claims of a licensed pawnbroker or secondhand dealer and another party claiming ownership or an interest in the property that is or was subject to a hold pursuant to this section, the court shall award possession of the property only after due consideration is given to the effect of Section 2403 of the Commercial Code. (k) A licensed pawnbroker or secondhand dealer is not subject to civil liability for compliance with this section. (Amended by Stats. 2013, Ch. 318, Sec. 1. (SB 762) Effective January 1, 2014.)
  35. 21650.

    ## 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 5. Resale of Goods [21650 - 21653] ( Article 5 added by Stats. 1967, Ch. 1174. )

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    This section defines “adequate evidence of authority to sell” as evidence that would lead a reasonable person to conclude the seller owns the item or is the owner’s authorized agent.

    ## 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 5. Resale of Goods [21650 - 21653] ( Article 5 added by Stats. 1967, Ch. 1174. ) ## 21650. As used in this article, “adequate evidence of authority to sell” is evidence from which a reasonable person would conclude that the person presenting the evidence is the owner of the item he is attempting to sell or is the agent of such owner and is authorized by the owner to sell such item. (Added by Stats. 1967, Ch. 1174.)
  36. 21651.

    ## 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 5. Resale of Goods [21650 - 21653] ( Article 5 added by Stats. 1967, Ch. 1174. )

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    This section defines “junk dealer” and “secondhand dealer” for use in 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 5. Resale of Goods [21650 - 21653] ( Article 5 added by Stats. 1967, Ch. 1174. ) ## 21651. As used in this article, (a) “Junk dealer” has the meaning defined in Section 21601; and (b) “Secondhand dealer” has the meaning defined in Section 21626. (Added by Stats. 1967, Ch. 1174.)
  37. 21652.

    ## 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 5. Resale of Goods [21650 - 21653] ( Article 5 added by Stats. 1967, Ch. 1174. )

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    Junk dealers and secondhand dealers must get adequate proof that a seller is authorized before accepting certain goods for resale.

    ## 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 5. Resale of Goods [21650 - 21653] ( Article 5 added by Stats. 1967, Ch. 1174. ) ## 21652. Every junk dealer or secondhand dealer shall, before accepting for resale from any person any finished product, new item of finished or merchandisable quality, inventory item of new materials or finished quality, or other goods and materials in such a state or condition as to show that they are neither abandoned nor scrapped, shall require that such person present adequate evidence of authority to sell. Violation of this section is a misdemeanor. (Added by Stats. 1967, Ch. 1174.)
  38. 21653.

    ## 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 5. Resale of Goods [21650 - 21653] ( Article 5 added by Stats. 1967, Ch. 1174. )

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    Junk dealers and secondhand dealers are criminally liable if they resell an item acquired in violation of Section 21652.

    ## 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 5. Resale of Goods [21650 - 21653] ( Article 5 added by Stats. 1967, Ch. 1174. ) ## 21653. Every junk dealer or secondhand dealer who resells any item acquired in violation of Section 21652 is guilty of a felony, if the value of the item exceeds nine hundred fifty dollars ($950), and is guilty of a misdemeanor if the value of the item does not exceed nine hundred fifty dollars ($950). (Amended by Stats. 2009, 3rd Ex. Sess., Ch. 28, Sec. 3. (SB 18 3x) Effective January 25, 2010.)
  39. 21660.

    ## 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 6. Swap Meets, Flea Markets, and Open-Air Markets [21660 - 21669.1] ( Heading of Article 6 amended by Stats. 2002, Ch. 334, Sec. 1. )

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    This section says the article applies to swap meet, flea market, and open-air market operators and vendors, but not to specifically exempt merchandise or transactions.

    ## 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 6. Swap Meets, Flea Markets, and Open-Air Markets [21660 - 21669.1] ( Heading of Article 6 amended by Stats. 2002, Ch. 334, Sec. 1. ) ## 21660. It is the intent of the Legislature in enacting this article to require the reporting of personal property exchanged, sold, or offered for sale or exchange at swap meets, flea markets, and open-air markets, and information regarding vendors selling or displaying new merchandise, for the purpose of ensuring that swap meet, open-air market, and flea market operators and vendors are in complete compliance with all state laws and regulations applicable to displaying, offering for sale, selling, and exchanging new and previously owned merchandise. This article shall apply to operators and vendors at swap meets, flea markets, and open-air markets unless the merchandise or the transaction is specifically exempt under this article and shall not be superseded or supplanted by any provisions or ordinances or charters of any city, county, or city and county, nor supplemented by any local ordinances or charters or provisions. Nothing contained in this article shall be deemed to affect the land use and zoning regulatory power of a local agency, nor be construed to require any local agency to permit swap meets, flea markets, or open-air markets if local land use or zoning regulations prohibit those operations. Any transaction that is regulated by this article shall not be subject to the provisions of Article 4 (commencing with Section 21625), regulating transactions in identifiable secondhand tangible personal property. No person, partnership, or corporation shall be considered a “secondhand dealer” within the meaning of Section 21626 because of activities regulated by this article. Article 5 (commencing with Section 21650) of this chapter shall not apply to operators or vendors at swap meets, flea markets, or open-air markets. (Amended by Stats. 2002, Ch. 334, Sec. 2. Effective January 1, 2003.)
  40. 21661.

    ## 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 6. Swap Meets, Flea Markets, and Open-Air Markets [21660 - 21669.1] ( Heading of Article 6 amended by Stats. 2002, Ch. 334, Sec. 1. )

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    This section defines “swap meet,” “operator,” and “vendor,” and classifies vendors by how often they participate.

    ## 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 6. Swap Meets, Flea Markets, and Open-Air Markets [21660 - 21669.1] ( Heading of Article 6 amended by Stats. 2002, Ch. 334, Sec. 1. ) ## 21661. (a) As used in this article, the term “swap meet” includes a flea market or an open-air market and means an event at which two or more persons offer merchandise for sale or exchange and that meets one of the following conditions: (1) A fee is charged for the privilege of offering or displaying merchandise for sale or exchange. (2) A fee is charged to prospective buyers for parking or for admission to the area where merchandise is offered or displayed for sale or exchange. (3) The event is held more than six times in any 12-month period. (b) Notwithstanding subdivision (a), the term “swap meet,” as used in this article, includes a flea market or an open-air market and means an event, regardless of the number of persons offering or displaying personal property or the absence of fees, at which used personal property is offered or displayed for sale or exchange if the event is held more than six times in any 12-month period. (c) The term “swap meet,” as used in this article, is interchangeable and applicable to “flea markets,” “indoor swap meets,” “open-air markets,” or other similar terms, regardless of whether these events are held either inside a building or outside in the open. The primary characteristic is that these activities involve a series of sales sufficient in number, scope, and character to constitute a regular course of business. (d) “Operator,” as used in this article, means any person, partnership, organization or corporation that controls, manages, conducts or otherwise administers a swap meet. (e) “Vendor,” as used in this article, means any person, partnership, organization or corporation who exchanges, sells, or offers for sale or exchange any merchandise at a swap meet. A swap meet vendor shall be classified according to the following categories: (1) A “casual swap meet vendor” means a vendor who participates in a swap meet two times or less per year. (2) A “regular swap meet vendor” means a vendor who participates in a swap meet three or more times per year. (Amended by Stats. 2002, Ch. 334, Sec. 3. Effective January 1, 2003.)
  41. 21662.

    ## 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 6. Swap Meets, Flea Markets, and Open-Air Markets [21660 - 21669.1] ( Heading of Article 6 amended by Stats. 2002, Ch. 334, Sec. 1. )

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    This section says the article does not apply to certain exempt events and items.

    ## 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 6. Swap Meets, Flea Markets, and Open-Air Markets [21660 - 21669.1] ( Heading of Article 6 amended by Stats. 2002, Ch. 334, Sec. 1. ) ## 21662. The provisions of this article shall not apply to: (a) An event held not more than two times per calendar year that is organized for the exclusive benefit of any community chest, fund, foundation, association, or corporation organized and operated for religious, educational, hospital, or charitable purposes, if no part of any admission fee or parking fee charged vendors or prospective purchasers, or the gross receipts or net earnings from the sale or exchange of merchandise, whether in the form of a percentage of the receipts or earnings, as salary, or otherwise, inures to the benefit of any private shareholder or person participating in the organization or conduct of the event. (b) An event at which all of the merchandise offered or displayed is new, and all persons selling, exchanging, offering, or displaying merchandise for sale or exchange are manufacturers or licensed retail or wholesale merchants. (c) Any vehicle or trailer or any vehicle accessory or vehicle part usable for a motor vehicle eligible for vehicle registration under Section 5004 of the Vehicle Code, and items of memorabilia or history, or both, relating to these vehicles. (Amended by Stats. 2002, Ch. 334, Sec. 4. Effective January 1, 2003.)
  42. 21663.

    ## 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 6. Swap Meets, Flea Markets, and Open-Air Markets [21660 - 21669.1] ( Heading of Article 6 amended by Stats. 2002, Ch. 334, Sec. 1. )

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    Vendors at swap meets must report merchandise on a form approved or prescribed by the California Department of Justice, and may need to state they are not making more than two qualifying sales in 12 months if no permit number is listed.

    ## 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 6. Swap Meets, Flea Markets, and Open-Air Markets [21660 - 21669.1] ( Heading of Article 6 amended by Stats. 2002, Ch. 334, Sec. 1. ) ## 21663. (a) Except as provided in Section 21663.1, every vendor shall report all merchandise offered or displayed for sale or exchange on a form, prescribed or approved by the California Department of Justice, containing all the following information: (1) The name and address of the vendor. (2) A description of the merchandise offered for sale or exchange, including serial numbers and personal identification marks, or if there is no serial number, other identification marks or symbols, if any, or a general description of the item. (3) A certification by the vendor that to his or her knowledge and belief, the information contained on the form is true. (4) The make, year, color, state of registration, and license number of the vehicle or vehicles in which the merchandise is transported to the swap meet. (5) The California seller’s permit number (State Board of Equalization sales tax number), if any, of the vendor. (6) The vendor’s motor vehicle driver’s license number and its state of issuance or California identification card numbers. (7) If the vendor is an agent of an individual, company, partnership or corporation, the name and business address of the principal. (8) The dates of sale for which the report is made. (9) A receipt number given by the operator for the dates of the sale or the space used by the vendor. (10) A requirement that the vendor check an appropriate box that sets forth his or her permit number for sales tax purposes. If the vendor’s permit number is not listed in the appropriate place on the form, the vendor shall indicate that he or she has not and does not contemplate making more than two sales of sufficient size, scope, and character within a 12-month period to require a permit. (b) In addition to the official governmental form, consisting of an original and at least two copies, the information required may be recorded on a computerized or other similar record that contains the same information required by subdivision (a). (c) In no case shall a swap meet owner or operator be liable or responsible for the accuracy of, or any discrepancy in, any information submitted by the vendors on the forms provided to them by the swap meet owners or operators. (Amended by Stats. 2002, Ch. 334, Sec. 5. Effective January 1, 2003.)
  43. 21663.1.

    ## 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 6. Swap Meets, Flea Markets, and Open-Air Markets [21660 - 21669.1] ( Heading of Article 6 amended by Stats. 2002, Ch. 334, Sec. 1. )

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    Some vendors at qualifying swap meets do not have to comply with Section 21633, but they must give the operator specific vendor information before selling or displaying goods, and the operator must keep and make that information available 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 9. Secondhand Goods [21500 - 21672] ( Chapter 9 added by Stats. 1941, Ch. 50. ) ## ARTICLE 6. Swap Meets, Flea Markets, and Open-Air Markets [21660 - 21669.1] ( Heading of Article 6 amended by Stats. 2002, Ch. 334, Sec. 1. ) ## 21663.1. (a) A vendor selling or displaying new merchandise and a vendor holding a business license issued by a city, county, or city and county of this state are not required to comply with Section 21633 if the swap meet is conducted at the same location at least once per month on real property owned by the operator or leased to the operator for a period of not less than one year. (b) A vendor meeting the conditions of subdivision (a) shall, at a minimum, provide the operator with the following information prior to offering or displaying merchandise for sale at the event: (1) The name and address of the vendor. (2) The vendor’s California seller’s permit number (State Board of Equalization sales tax number). (3) The vendor’s motor vehicle driver’s license number and its state of issuance or his or her California identification card number. (4) The vendor’s business license number and its city or county of issuance, unless the vendor is operating under a business license issued to the operator. (c) The operator shall maintain the information required by this section in written or electronic form for six months after the date of its receipt and shall make copies of the information available for inspection, upon request, to any peace officer or any authorized representative of the Board of Equalization or Department of Justice. (d) In no case shall the operator be liable for the accuracy of, or any discrepancy in, any information submitted by a vendor. (Added by Stats. 2002, Ch. 334, Sec. 6. Effective January 1, 2003.)
  44. 21664.

    ## 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 6. Swap Meets, Flea Markets, and Open-Air Markets [21660 - 21669.1] ( Heading of Article 6 amended by Stats. 2002, Ch. 334, Sec. 1. )

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    Swap meet operators and vendors must use and submit specific forms, and operators must send the form to local law enforcement on a short deadline.

    ## 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 6. Swap Meets, Flea Markets, and Open-Air Markets [21660 - 21669.1] ( Heading of Article 6 amended by Stats. 2002, Ch. 334, Sec. 1. ) ## 21664. (a) The swap meet operator shall obtain sufficient blank forms from the Department of Justice at a cost not to exceed the actual cost to the department, or shall cause to be printed and be available sufficient forms approved by the department, for the use of vendors attending the swap meet, and shall distribute them to vendors as needed. The vendor shall submit the completed form to the operator who shall note on the vendor’s copy that the vendor has submitted the form. The vendor shall submit the form to the swap meet operator prior to the close of the business day on which the item is to be placed on sale. The swap meet operator shall provide this form required by subdivision (a) of Section 21663 to the chief of police, if the swap meet occurs within the territorial limits of an incorporated city, or the sheriff, if the swap meet occurs outside a city, within 24 hours, or, before the end of the first working day following the swap meet. The original shall also be available to the State Board of Equalization to permit them to detect possible sales tax evasion. The reports shall not be utilized by a chief of police, a sheriff, the Department of Justice, or any other governmental agency for the purpose of providing a permanent record of property ownership, nor shall the information derived from these reports form the basis for any record other than reports which assist in tracing and recovering of stolen property or assist in detecting sales tax evasion. (b) Every vendor shall submit to the swap meet operator the form disclosing the information required by subdivision (a) of Section 21663 for each swap meet at which he or she is a vendor prior to the close of the business day at which the item is to be placed on sale. Items described in reports previously submitted pursuant to paragraph (2) of subdivision (a) of Section 21663 may be omitted from the description on the forms submitted at subsequent swap meets if the vendor furnishes the swap meet operator of each subsequent swap meet with two copies of the report previously submitted, marked to indicate personal property currently being offered or displayed. (c) A vendor who regularly offers or displays for sale or exchange any new or used personal property or merchandise shall be required to submit to the swap meet operator the form disclosing the information required by subdivision (a) of Section 21663 only once every 60 days. The vendor shall, however, submit a new report at any swap meet at which he or she is a vendor and offers or displays for sale or exchange any personal property not included by generic classification in the previously submitted report. For purposes of this subdivision, a vendor shall be deemed to regularly offer or display for sale or exchange any items of merchandise if such vendor participates for four or more days in a month at a swap meet conducted at the same location. Any vendor claiming to be a regular seller of new or used merchandise under the provisions of this subdivision shall so indicate on the bimonthly report. (d) Every vendor shall submit to the swap meet operator the form disclosing the information required by subdivision (a) of Section 21663 for each swap meet at which he or she is a vendor prior to the business day on which the item is to be placed on sale. A vendor who regularly offers or displays merchandise for sale or exchange shall be required to submit to the swap meet operator the form disclosing the information required by subdivision (a) of Section 21663 only once every six months, provided the vendor has a written agreement with the swap meet operator for a periodic term of one month or longer. All other casual vendors shall submit the form disclosing the information required by subdivision (a) of Section 21663 on each instance of offering merchandise for sale or exchange at the swap meet. (Amended by Stats. 1988, Ch. 1138, Sec. 4.)
  45. 21665.

    ## 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 6. Swap Meets, Flea Markets, and Open-Air Markets [21660 - 21669.1] ( Heading of Article 6 amended by Stats. 2002, Ch. 334, Sec. 1. )

    Verify source ↗

    Swap meet operators must keep report copies for six months and provide them for inspection on request. Vendors must keep a completed report form available for inspection during the swap meet.

    ## 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 6. Swap Meets, Flea Markets, and Open-Air Markets [21660 - 21669.1] ( Heading of Article 6 amended by Stats. 2002, Ch. 334, Sec. 1. ) ## 21665. (a) Swap meet operators shall retain a copy of the reports collected by them for six months and shall make the copies available for inspection, upon request, by a peace officer as defined in Section 830.1 or subdivision (a) of Section 830.3 of the Penal Code, or a peace officer of the Department of the California Highway Patrol as defined in subdivision (a) of Section 830.2 of the Penal Code, when the swap meet occurs on state property, or properly identified representatives of the State Board of Equalization or Department of Justice. (b) Vendors shall have available for inspection during the swap meet a completed copy of the report form which was submitted to the swap meet operator describing the goods offered or displayed for sale or exchange at the swap meet. (Amended by Stats. 1996, Ch. 305, Sec. 2. Effective January 1, 1997.)
  46. 21666.

    ## 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 6. Swap Meets, Flea Markets, and Open-Air Markets [21660 - 21669.1] ( Heading of Article 6 amended by Stats. 2002, Ch. 334, Sec. 1. )

    Verify source ↗

    Vendors must give a written receipt on request for purchases over $15, and they may not sell items the swap meet operator has expressly prohibited.

    ## 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 6. Swap Meets, Flea Markets, and Open-Air Markets [21660 - 21669.1] ( Heading of Article 6 amended by Stats. 2002, Ch. 334, Sec. 1. ) ## 21666. (a) Upon request, a vendor shall provide the purchaser a written receipt disclosing the vendor’s name and address for any items purchased which has a selling price in excess of fifteen dollars ($15). (b) No vendor shall offer or display at a swap meet any new or used personal property or merchandise of a kind which the swap meet operator has expressly prohibited. Every swap meet owner shall post or display in prominent places at the swap meet, or give written notice to every vendor prior to the commencement of a swap meet of the kinds of personal property or merchandise which may be not offered for sale or exchange. The swap meet owner or operator shall also post a sign at the main entrance of the swap meet which states that vendors are required to issue receipts in accordance with subdivision (a). (Amended by Stats. 1990, Ch. 538, Sec. 1.)
  47. 21667.

    ## 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 6. Swap Meets, Flea Markets, and Open-Air Markets [21660 - 21669.1] ( Heading of Article 6 amended by Stats. 2002, Ch. 334, Sec. 1. )

    Verify source ↗

    A violation of this article is a misdemeanor, except for subdivision (b) of Section 21666.

    ## 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 6. Swap Meets, Flea Markets, and Open-Air Markets [21660 - 21669.1] ( Heading of Article 6 amended by Stats. 2002, Ch. 334, Sec. 1. ) ## 21667. A violation of any provision of this article, except subdivision (b) of Section 21666, is a misdemeanor and may be punishable by up to six months in county jail, a fine of fifty dollars ($50) for the first violation, one hundred dollars ($100) for the second violation, and two hundred dollars ($200) for the third and subsequent violations. (Amended by Stats. 1983, Ch. 1092, Sec. 58. Effective September 27, 1983. Operative January 1, 1984, by Sec. 427 of Ch. 1092.)
  48. 21668.

    ## 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 6. Swap Meets, Flea Markets, and Open-Air Markets [21660 - 21669.1] ( Heading of Article 6 amended by Stats. 2002, Ch. 334, Sec. 1. )

    Verify source ↗

    A city police chief or an outside-city sheriff may waive requirements of this article for swap meet operators and vendors when doing so is in the public interest.

    ## 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 6. Swap Meets, Flea Markets, and Open-Air Markets [21660 - 21669.1] ( Heading of Article 6 amended by Stats. 2002, Ch. 334, Sec. 1. ) ## 21668. A chief of police of a city or the sheriff of an area outside of the city may waive any requirement of this article for swap meet operators and vendors in the city or area outside of the city if the chief of police or sheriff determines it is not necessary or appropriate in the public interest to impose the requirement. If the swap meet is located in both the city and area outside of the city, the chief of police of the city has the authority to grant the waiver authorized by this section. (Added by Stats. 1986, Ch. 732, Sec. 2.)
  49. 21669.

    ## 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 6. Swap Meets, Flea Markets, and Open-Air Markets [21660 - 21669.1] ( Heading of Article 6 amended by Stats. 2002, Ch. 334, Sec. 1. )

    Verify source ↗

    Certain swap meets on government-owned or government-leased property must meet listed operating requirements, and government entities are barred from running a swap meet for profit in direct competition with a private business unless they satisfy a cross-referenced condition.

    ## 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 6. Swap Meets, Flea Markets, and Open-Air Markets [21660 - 21669.1] ( Heading of Article 6 amended by Stats. 2002, Ch. 334, Sec. 1. ) ## 21669. (a) All swap meets which are conducted two or more times per calendar year on any premises or property owned or leased by any city, county, city and county, state, or any other local governmental agency, entity, or board, shall comply with all of the following procedures: (1) The swap meet operator shall have a valid business license. (2) The swap meet operator shall have a valid California seller’s permit number (State Board of Equalization sales tax number), if applicable. (3) The swap meet operator shall provide the state or local governmental entities described in this subdivision upon whose property the swap meet is being held, a certificate of insurance certifying that the swap meet operator maintains public liability and property damage insurance for the operation of the swap meet of at least two million dollars ($2,000,000), and that the policy names that governmental entity as an additional insured under the policy. (4) The swap meet operator shall provide the state or local governmental entity a hold harmless and idemnification agreement for his or her operation of the swap meet and activities and acts arising from that swap meet. (5) The swap meet operator shall comply with all other provisions of this article relating to swap meets. (b) State or local governmental entities shall not operate or manage a swap meet for profit in direct competition to a private enterprise, unless they comply with subdivision (a) of Section 21662. (Added by Stats. 1988, Ch. 1138, Sec. 6.)
  50. 21669.1.

    ## 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 6. Swap Meets, Flea Markets, and Open-Air Markets [21660 - 21669.1] ( Heading of Article 6 amended by Stats. 2002, Ch. 334, Sec. 1. )

    Verify source ↗

    Certain large swap meets on state or local government property must provide ownership, integrity, financial, compliance, experience, and operations information.

    ## 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 6. Swap Meets, Flea Markets, and Open-Air Markets [21660 - 21669.1] ( Heading of Article 6 amended by Stats. 2002, Ch. 334, Sec. 1. ) ## 21669.1. In addition to the requirements specified in subdivision (a) of Section 21669, all swap meets conducted on the premises or property of a state or local governmental entity that has or expects to have an average daily attendance of 10,000 or more persons shall provide all of the following: (a) A statement of ownership, including the identity of individuals holding a financial interest of 5 percent or more. (b) A sworn statement that no individuals who have a financial interest of 5 percent or more in the swap meet have been convicted of any crime involving dishonesty or moral turpitude. (c) A financial statement showing the operator’s financial capability to operate a major swap meet and to meet any financial obligations to the lessor and subcontractors. (d) A statement that the operator is not knowingly delinquent in any payments owed to a state or local governmental entity and that he or she is not knowingly in violation of any state or local law or ordinance related to public health or safety standards. (e) Evidence that the operator has a minimum of five years of experience in the management and operation of a swap meet for profit with an average daily attendance of 5,000 or more. (f) A plan for operations, including security, crowd control, sanitation, and emergency medical response. (Amended by Stats. 2006, Ch. 538, Sec. 30. Effective January 1, 2007.)
  51. 21670.

    ## 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 7. Sports Trading Cards [21670 - 21672] ( Article 7 added by Stats. 1992, Ch. 1120, Sec. 2. )

    Verify source ↗

    This section defines several terms for sports trading cards, including altered or refurbished cards, legitimate cards, counterfeit cards, unlicensed cards, and appropriate licensing authority.

    ## 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 7. Sports Trading Cards [21670 - 21672] ( Article 7 added by Stats. 1992, Ch. 1120, Sec. 2. ) ## 21670. For purposes of this article, the following definitions apply: (a) “Altered or refurbished” means repair work which has been performed to enhance the value of the sports trading card as a collectible. This work includes, but is not limited to, filling in holes, building new corners, ironing out creases, or touching up the pictures or borders on the sports trading card. (b) “Legitimate sports trading card” means any card produced for use in commerce, that contains a company name or team logo, or both, and an image, representation, or facsimile of one or more players or other team member or members in any pose, and is produced pursuant to an appropriate licensing agreement. (c) “Counterfeit sports trading card” means any card, produced for use in commerce, without appropriate licensing authority, which is a forgery, copy, or imitation of a legitimate sports trading card, produced without authority or right, and with the intention of passing the card for that which is original or genuine. (d) “Unlicensed sports trading card” means any card that is produced for use in commerce, without proper licensing authority. This definition specifically excludes cards which are bound in publications. (e) “Appropriate licensing authority” means express, written permission to manufacture, produce, distribute, and sell the sports trading card, as granted by the valid owner or owners of the licensing rights of any image, work, term, name, symbol, logo, or insignia that appears on the sports trading card. (Added by Stats. 1992, Ch. 1120, Sec. 2. Effective January 1, 1993.)
  52. 21671.

    ## 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 7. Sports Trading Cards [21670 - 21672] ( Article 7 added by Stats. 1992, Ch. 1120, Sec. 2. )

    Verify source ↗

    Altered or refurbished sports trading cards must come with a certificate listing the work done, date, cost, and the worker’s contact details. A person who knowingly sells or trades a card without that required certificate must refund the buyer and may owe a civil penalty.

    ## 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 7. Sports Trading Cards [21670 - 21672] ( Article 7 added by Stats. 1992, Ch. 1120, Sec. 2. ) ## 21671. (a) Any sports trading card that is altered or refurbished shall be accompanied by a certificate stating the exact work done to the sports trading card, the date the work was performed, the cost of that work, and the name, phone number, and address of the person who performed the work. (b) Any person or agent thereof, who knowingly sells or trades a sports card in violation of subdivision (a), shall both: (1) Refund to the buyer, the full amount paid for the altered or refurbished sports trading card or the full retail value of any nonmonetary consideration received in exchange for the altered or refurbished sports trading card, or both. (2) Be liable to the buyer for a civil penalty not to exceed five thousand dollars ($5,000) for each violation. Each card sold represents a separate and distinct violation. (Amended by Stats. 1995, Ch. 360, Sec. 1. Effective January 1, 1996.)
  53. 21672.

    ## 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 7. Sports Trading Cards [21670 - 21672] ( Article 7 added by Stats. 1992, Ch. 1120, Sec. 2. )

    Verify source ↗

    Knowingly making, selling, or distributing covered unlicensed or counterfeit sports trading cards with intent to deceive, injure, or defraud is a misdemeanor, and violators must refund the buyer and may owe up to $5,000 per card.

    ## 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 7. Sports Trading Cards [21670 - 21672] ( Article 7 added by Stats. 1992, Ch. 1120, Sec. 2. ) ## 21672. (a) Any person, or agent thereof, who knowingly manufactures, produces, or distributes unlicensed or counterfeit sports trading cards with the intent to deceive, injure, or defraud another, is guilty of a misdemeanor. Any person, or agent thereof, who violates this subdivision shall do both of the following: (1) Refund to the buyer the full amount paid for the unlicensed or counterfeit sports trading card or the full retail value of any nonmonetary consideration received in exchange for the unlicensed or counterfeit sports trading card, or both. (2) Be liable to the buyer for a civil penalty not to exceed five thousand dollars ($5,000) for each violation. Each card sold represents a separate and distinct violation. (b) Any person who knowingly sells a cut, unlicensed sports trading card that has been produced by cutting the card from a publication in which unlicensed sports trading cards are bound, without disclosing the source and the means of producing the card, with the intent to deceive, injure, or defraud another, is guilty of a misdemeanor. Any person who violates this subdivision shall do both of the following: (1) Refund to the buyer the full consideration paid or furnished for the cut, unlicensed sports trading card. (2) Be liable to the buyer for a civil penalty not to exceed five thousand dollars ($5,000) for each violation. Each card sold represents a separate and distinct violation. This provision does not apply to a sports trading card that is excluded from the definition of “unlicensed sports trading card” pursuant to subdivision (d) of Section 21670 of the Business and Professions Code by reason of being bound in a publication. (Amended by Stats. 1995, Ch. 360, Sec. 2. Effective January 1, 1996.)
  54. 2168.

    ## 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 8.5. Special Permits [2168 - 2169] ( Article 8.5 added by Stats. 1997, Ch. 332, Sec. 1. )

    Verify source ↗

    A special faculty permit lets the holder practice medicine only in specified medical school or academic medical center settings, and limits appointments and training credit tied to that permit.

    ## 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 8.5. Special Permits [2168 - 2169] ( Article 8.5 added by Stats. 1997, Ch. 332, Sec. 1. ) ## 2168. (a) (1) A special faculty permit authorizes the holder to practice medicine only within the medical school itself, any affiliated institution of the medical school, or an academic medical center and any affiliated institution in which the permitholder is providing instruction as part of the medical school’s or academic medical center’s educational program and for which the medical school or academic medical center has assumed direct responsibility. The holder of a special faculty permit shall not engage in the practice of medicine except as provided above. (2) For the purposes of this section, the term “academic medical center” is defined as meeting all of the following requirements: (A) A facility licensed by the State of California. (B) The facility conducts both internal and external peer review of the faculty for the purpose of conferral of academic appointments on an ongoing basis. (C) The facility conducts clinical and basic research for the purpose of advancing patient care. (D) The facility meets either of the following: (i) The facility trains a minimum of 250 resident physicians in Accreditation Council for Graduate Medical Education accredited residencies on an annual basis commencing each January 1. (ii) The facility is a National Cancer Institute-designated comprehensive cancer center that trains a minimum of 25 resident or fellow physicians in Accreditation Council for Graduate Medical Education accredited residencies on an annual basis commencing each January 1. (E) The facility has more than 100 research students or postdoctoral researchers annually. (F) The facility has foreign medical graduates in research. (G) The facility offers clinical observer experiences. (H) (i) Except as provided in clause (ii), the facility is accredited by the Western Association of Schools and Colleges and the Accreditation Council for Graduate Medical Education. (ii) The facility is a National Cancer Institute-designated comprehensive cancer center that is accredited by the Accreditation Council for Graduate Medical Education. (b) Time spent in a faculty position under a special faculty permit shall not be counted toward the postgraduate training required for licensure and shall not qualify the holder of the permit for waiver of any written examination required for licensure. (c) The medical school or academic medical center shall not appoint the holder of a special faculty permit to a position as a division chief or head of a department without express written authorization from the board. (Amended by Stats. 2025, Ch. 752, Sec. 1. (SB 387) Effective January 1, 2026.)
  55. 2168.1.

    ## 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 8.5. Special Permits [2168 - 2169] ( Article 8.5 added by Stats. 1997, Ch. 332, Sec. 1. )

    Verify source ↗

    A person who meets the listed eligibility requirements may apply for a special faculty permit, and the board may waive the two-year prior position requirement in its discretion.

    ## 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 8.5. Special Permits [2168 - 2169] ( Article 8.5 added by Stats. 1997, Ch. 332, Sec. 1. ) ## 2168.1. (a) Any person who meets all of the following eligibility requirements may apply for a special faculty permit: (1) Is academically eminent. For purposes of this article, “academically eminent” means the applicant meets either of the following criteria: (A) The person holds or has been offered a full-time appointment at the level of full professor in a tenure track position, or its equivalent, at an academic medical center, as defined in Section 2168, or a California medical school approved by the board. (B) The person is clearly outstanding in a specific field of medicine or surgery and has been offered by the dean of a medical school or the dean or chief medical officer of an academic medical center a full-time academic appointment at the level of full professor or associate professor, and a great need exists to fill that position. (2) Possesses a current valid license to practice medicine issued by another state, country, or other jurisdiction. (3) Is not subject to denial under Section 480 or any provision of this chapter. (4) Pays the fee prescribed for application for, and initial licensure as, a physician and surgeon. (5) Has not held a position under Section 2113 for a period of two years or more preceding the date of the application. The board may, in its discretion, waive this requirement. (b) The board shall exercise its discretion in determining whether an applicant satisfies the requirements of paragraph (1) of subdivision (a). (c) (1) The board shall establish a review committee composed of two members of the division, one of whom shall be a physician and surgeon and one of whom shall be a public member, one representative from each of the medical schools, and one individual selected pursuant to paragraph (3) to represent academic medical centers in California. The committee shall review and make recommendations to the board regarding the applicants applying pursuant to this section, including those applicants that a medical school or academic medical center proposes to appoint as a division chief or head of a department or as nontenure track faculty. (2) The representative of the medical school or academic medical center offering the applicant an academic appointment shall not participate in any vote on the recommendation to the board for that applicant. (3) The academic medical centers shall select by consensus, one individual to represent academic medical centers on the review committee. The individual shall be from a facility that meets the criteria in clause (i) of subparagraph (D) of paragraph (2) of subdivision (a) of Section 2168. (d) The board shall not approve more than five applications submitted pursuant to this section by each academic medical center in any calendar year. (e) As used in this section, “academic medical center” has the same meaning as defined in subdivision (a) of Section 2168. (Amended by Stats. 2025, Ch. 752, Sec. 2. (SB 387) Effective January 1, 2026.)
  56. 2168.2.

    ## 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 8.5. Special Permits [2168 - 2169] ( Article 8.5 added by Stats. 1997, Ch. 332, Sec. 1. )

    Verify source ↗

    An applicant for a special faculty permit must use the board’s form and provide any information the board requires. The board must send applicants’ fingerprint information to the Department of Justice, which must return a state and federal response for the board’s licensure review.

    ## 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 8.5. Special Permits [2168 - 2169] ( Article 8.5 added by Stats. 1997, Ch. 332, Sec. 1. ) ## 2168.2. An application for a special faculty permit shall be made on a form prescribed by the board and shall include any information that the board may prescribe to establish an applicant’s eligibility for a permit. This information shall include, but is not limited to, the following: (a) A statement from the dean of the medical school or dean or chief medical officer at an academic medical center at which the applicant will be employed describing the applicant’s qualifications and justifying the dean’s or chief medical officer’s determination that the applicant satisfies the requirements of paragraph (1) of subdivision (a) of Section 2168.1. (b) A statement by the dean of the medical school or dean or chief medical officer of the academic medical center listing every affiliated institution in which the applicant will be providing instruction as part of the medical school’s or academic medical center’s educational program and justifying any clinical activities at each of the institutions listed by the dean or chief medical officer. (c) The board shall submit to the Department of Justice fingerprint images and related information required by the Department of Justice of all applicants for special faculty permits, as defined by Section 2168, 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). (Amended by Stats. 2025, Ch. 113, Sec. 8. (SB 160) Effective September 17, 2025.)
  57. 2168.3.

    ## 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 8.5. Special Permits [2168 - 2169] ( Article 8.5 added by Stats. 1997, Ch. 332, Sec. 1. )

    Verify source ↗

    A holder of a special faculty permit is subject to the same chapter provisions that apply to a physician and surgeon’s certificate holder.

    ## 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 8.5. Special Permits [2168 - 2169] ( Article 8.5 added by Stats. 1997, Ch. 332, Sec. 1. ) ## 2168.3. A special faculty permit may be denied, suspended, or revoked for any violation that would be grounds for denial, suspension, or revocation of a physician and surgeon’s certificate, or for violation of any provision of this article. The holder of a special faculty permit shall be subject to all the provisions of this chapter applicable to the holder of a physician’s and surgeon’s certificate. (Added by Stats. 1997, Ch. 332, Sec. 1. Effective January 1, 1998.)
  58. 2168.4.

    ## 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 8.5. Special Permits [2168 - 2169] ( Article 8.5 added by Stats. 1997, Ch. 332, Sec. 1. )

    Verify source ↗

    Special faculty permits expire if not renewed, and holders must prove eligibility and continuing medical education when renewing.

    ## 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 8.5. Special Permits [2168 - 2169] ( Article 8.5 added by Stats. 1997, Ch. 332, Sec. 1. ) ## 2168.4. (a) A special faculty permit expires and becomes invalid at midnight on the last day of the month in which the permit was issued during the second year of a two-year term commencing from the date of issuance, if not renewed. (b) A person who holds a special faculty permit shall show at the time of license renewal that they continue to meet the eligibility criteria set forth in Section 2168.1. After the first renewal of a special faculty permit, the permitholder shall not be required to hold a full-time faculty position, and may instead be employed part-time in a position that otherwise meets the requirements set forth in paragraph (1) of subdivision (a) of Section 2168.1. (c) A person who holds a special faculty permit shall show at the time of license renewal that they meet the continuing medical education requirements of Article 10 (commencing with Section 2190). (d) In addition to the requirements set forth above, a special faculty permit shall be renewed in accordance with Article 19 (commencing with Section 2420) in the same manner as a physician’s and surgeon’s certificate. (e) Those fees applicable to a physician’s and surgeon’s certificate shall also apply to a special faculty permit and shall be paid into the State Treasury and credited to the Contingent Fund of the Medical Board of California. (Amended by Stats. 2021, Ch. 649, Sec. 15. (SB 806) Effective January 1, 2022.)
  59. 2168.5.

    ## 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 8.5. Special Permits [2168 - 2169] ( Article 8.5 added by Stats. 1997, Ch. 332, Sec. 1. )

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    A qualifying special faculty permit holder is treated as holding a permit sponsored by the academic medical center.

    ## 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 8.5. Special Permits [2168 - 2169] ( Article 8.5 added by Stats. 1997, Ch. 332, Sec. 1. ) ## 2168.5. A holder of a special faculty permit issued before January 1, 2021, who practices medicine pursuant to subdivision (a) of Section 2168 at an academic medical center, as defined in subdivision (a) of Section 2168, shall be deemed to hold a special faculty permit with that academic medical center as though the initial application had been sponsored by the academic medical center. (Added by Stats. 2020, Ch. 280, Sec. 6. (AB 2273) Effective January 1, 2021.)
  60. 2169.

    ## 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 8.5. Special Permits [2168 - 2169] ( Article 8.5 added by Stats. 1997, Ch. 332, Sec. 1. )

    Verify source ↗

    A person with a special faculty permit must meet the continuing medical education requirements in Article 10.

    ## 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 8.5. Special Permits [2168 - 2169] ( Article 8.5 added by Stats. 1997, Ch. 332, Sec. 1. ) ## 2169. A person who holds a special faculty permit shall meet the continuing medical education requirements set forth in Article 10 (commencing with Section 2190). (Added by Stats. 2009, Ch. 308, Sec. 18. (SB 819) Effective January 1, 2010.)
  61. 2170.

    ## 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 9. Examinations [2170 - 2186] ( Article 9 added by Stats. 1980, Ch. 1313, Sec. 2. )

    Verify source ↗

    Applicants for a physician’s and surgeon’s certificate must take the examination in this article, unless another provision of the chapter says otherwise.

    ## 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 9. Examinations [2170 - 2186] ( Article 9 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2170. (a) All applicants for a physician’s and surgeon’s certificate shall take the examination provided for in this article unless provisions of this chapter otherwise provide. (b) The provisions of this article shall apply to all examinations administered by the Division of Licensing unless provisions of this chapter otherwise provide. (Added by Stats. 1980, Ch. 1313, Sec. 2.)
  62. 21700.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 10. Self-Service Storage Facilities [21700 - 21716] ( Chapter 10 added by Stats. 1981, Ch. 439, Sec. 1. )

    Verify source ↗

    This section names the law the “California Self-Service Storage Facility Act.”

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 10. Self-Service Storage Facilities [21700 - 21716] ( Chapter 10 added by Stats. 1981, Ch. 439, Sec. 1. ) ## 21700. This act shall be known as the “California Self-Service Storage Facility Act.” (Added by Stats. 1981, Ch. 439, Sec. 1.)
  63. 21701.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 10. Self-Service Storage Facilities [21700 - 21716] ( Chapter 10 added by Stats. 1981, Ch. 439, Sec. 1. )

    Verify source ↗

    This section defines key terms for self-service storage facilities and says occupants may not use one for residential purposes.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 10. Self-Service Storage Facilities [21700 - 21716] ( Chapter 10 added by Stats. 1981, Ch. 439, Sec. 1. ) ## 21701. For the purposes of this chapter, the following terms shall have the following meanings: (a) “Self-service storage facility” means real property designed and used for the purpose of renting or leasing individual storage space to occupants who are to have access to the space for the purpose of storing and removing personal property or for storing individual storage containers provided to occupants who have exclusive use of the container for the purpose of storing and removing personal property, whether or not the individual storage containers are transported pursuant to Section 21701.1. Self-service storage facility does not include a garage or other storage area in a private residence. No occupant may use a self-service storage facility for residential purposes. A self-service storage facility is not a warehouse, nor a public utility, as defined in Section 216 of the Public Utilities Code. If an owner issues a warehouse receipt, bill of lading, or other document of title for the personal property stored, the owner and the occupant are subject to the provisions of Division 7 (commencing with Section 7101) of the Commercial Code, and the provisions of this chapter do not apply. (b) “Owner” means the owner, operator, lessor, or sublessor of a self-service storage facility, their agent, or any other person authorized by them to manage the facility, or to receive rent from an occupant under a rental agreement, and no real estate license is required. (c) “Occupant” means a person, or their sublessee, successor, or assign, who is entitled to the use of the storage space at a self-service storage facility under a rental agreement, to the exclusion of others. (d) “Rental agreement” means any written agreement or lease that establishes or modifies the terms, conditions, rules, or any other provision concerning the use and occupancy of a self-service storage facility. (e) “Personal property” means movable property not affixed to land, and includes, but is not limited to, goods, merchandise, furniture, and household items. (f) “Last known address” means that mailing address or email address provided by the occupant in the latest rental agreement, or the mailing address or email address provided by the occupant in a subsequent written notice of a change of address. (Amended (as amended by Stats. 2020, Ch. 36, Sec. 2) by Stats. 2022, Ch. 420, Sec. 1. (AB 2960) Effective January 1, 2023.)
  64. 21701.1.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 10. Self-Service Storage Facilities [21700 - 21716] ( Chapter 10 added by Stats. 1981, Ch. 439, Sec. 1. )

    Verify source ↗

    This section lets certain self-service storage facility owners/operators or household goods carriers transport storage containers for a fee, but only if specific conditions are met and certain disclosures, insurance, and recordkeeping rules are followed.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 10. Self-Service Storage Facilities [21700 - 21716] ( Chapter 10 added by Stats. 1981, Ch. 439, Sec. 1. ) ## 21701.1. (a) The owner or operator of a self-service storage facility or a household goods carrier, may, for a fee, transport individual storage containers to and from a self-service storage facility that he or she owns or operates. This transportation activity, whether performed by an owner, operator, or carrier, shall not be deemed transportation for compensation or hire as a business of used household goods and is not subject to regulation under Chapter 7 (commencing with Section 5101) of Division 2 of the Public Utilities Code, provided that all of the following requirements are met: (1) The fee charged (A) to deliver an empty individual storage container to a customer and to transport the loaded container to a self-service storage facility or (B) to return a loaded individual storage container from a self-service storage facility to the customer does not exceed one hundred dollars ($100). (2) The owner, operator, or carrier, or any affiliate of the owner, operator, or carrier, does not load, pack, or otherwise handle the contents of the container. (3) The owner, operator, or carrier is registered under Chapter 2 (commencing with Section 34620) of Division 14.85 of the Vehicle Code or holds a permit under Chapter 7 (commencing with Section 5101) of Division 2 of the Public Utilities Code. (4) The owner, operator, or carrier has procured and maintained cargo insurance in the amount of at least twenty thousand dollars ($20,000) per shipment. Proof of cargo insurance coverage shall be maintained on file and presented to the Department of Motor Vehicles or Public Utilities Commission upon written request. (5) The owner, operator, or carrier shall disclose to the customer in advance the following information regarding the container transfer service offered, in a written document separate from others furnished at the time of disclosure: (A) A detailed description of the transfer service, including a commitment to use its best efforts to place the container in an appropriate location designated by the customer. (B) The dimensions and construction of the individual storage containers used. (C) The unit charge, if any, for the container transfer service that is in addition to the storage charge or any other fees under the rental agreement. (D) The availability of delivery or pickup by the customer of his or her goods at the self-service storage facility. (E) The maximum allowable distance, measured from the self-service storage facility, for the initial pickup and final delivery of the loaded container. (F) The precise terms of the company’s right to move a container from the initial storage location at its own discretion and a statement that the customer will not be required to pay additional charges with respect to that transfer. (G) Conspicuous disclosure in bold text of the allocation of responsibility for the risk of loss or damage to the customer’s goods, including any disclaimer of the company’s liability, and the procedure for presenting any claim regarding loss or damage to the company. The disclosure of terms and conditions required by this subdivision, and the rental agreement, shall be received by the customer a minimum of 72 hours prior to delivery of the empty individual storage container; however, the customer may, in writing, knowingly and voluntarily waive that receipt. The company shall record in writing, and retain for a period of at least six months after the end of the rental, the time and method of delivery of the information, any waiver made by the customer, and the times and dates of initial pickup and redelivery of the containerized goods. (6) No later than the time the empty individual storage container is delivered to the customer, the company shall provide the customer with an informational brochure containing the following information about loading the container: (A) Packing and loading tips to minimize damage in transit. (B) A suggestion that the customer make an inventory of the items as they are loaded and keep any other record (for example, photographs or video recording) that may assist in any subsequent claims processing. (C) A list of items that are impermissible to pack in the container (for example, flammable items). (D) A list of items that are not recommended to be packed in light of foreseeable hazards inherent in the company’s handling of the containers and in light of any limitation of liability contained in the rental agreement. (b) Pickup and delivery of the individual storage containers shall be on a date agreed upon between the customer and the company. If the company requires the customer to be physically present at the time of pickup, the company shall in fact be at the customer’s premises prepared to perform the service not more than four hours later than the scheduled time agreed to by the customer and company, and in the event of a preventable breach of that obligation by the company, the customer shall be entitled to receive a penalty of fifty dollars ($50) from the company and to elect rescission of the rental agreement without liability. (c) No charge shall be assessed with respect to any movement of the container between self-service storage facilities by the company at its own discretion, nor for the delivery of a container to a customer’s premises if the customer advises the company, at least 24 hours before the agreed time of container dropoff, orally or in writing, that he or she is rescinding the request for service. (d) For purposes of this chapter, “individual storage container” means a container that meets all of the following requirements: (1) It shall be fully enclosed and locked. (2) It contains not less than 100 cubic feet and not more than 1,100 cubic feet. (3) It is constructed out of a durable material appropriate for repeated use. A box constructed out of cardboard or a similar material shall not constitute an individual storage container for purposes of this section. (e) Nothing in this section shall be construed to limit the authority of the Public Utilities Commission to investigate and commence an appropriate enforcement action pursuant to Chapter 7 (commencing with Section 5101) of Division 2 of the Public Utilities Code against any person transporting household goods in individual storage containers in a manner other than that described in this section. (Amended by Stats. 2009, Ch. 88, Sec. 10. (AB 176) Effective January 1, 2010.)
  65. 21702.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 10. Self-Service Storage Facilities [21700 - 21716] ( Chapter 10 added by Stats. 1981, Ch. 439, Sec. 1. )

    Verify source ↗

    The owner of a self-service storage facility, and certain successors, has a lien on personal property at the facility for specified charges and related preservation, sale, or disposition expenses. The lien may be enforced under 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 10. Self-Service Storage Facilities [21700 - 21716] ( Chapter 10 added by Stats. 1981, Ch. 439, Sec. 1. ) ## 21702. The owner of a self-service storage facility and his or her heirs, executors, administrators, successors, and assigns have a lien upon all personal property located at a self-service storage facility for rent, labor, late payment fees, or other charges, present or future, incurred pursuant to the rental agreement and for expenses necessary for the preservation, sale, or disposition of personal property subject to the provisions of this chapter. The lien may be enforced consistent with the provisions in this chapter. (Amended by Stats. 2001, Ch. 159, Sec. 31. Effective January 1, 2002.)
  66. 21702.5.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 10. Self-Service Storage Facilities [21700 - 21716] ( Chapter 10 added by Stats. 1981, Ch. 439, Sec. 1. )

    Verify source ↗

    An owner may tow a vehicle, watercraft, or trailer after 60 days of unpaid rent and notice, but must give at least 10 days’ notice before towing and the towing company must follow the cited Vehicle Code rules.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 10. Self-Service Storage Facilities [21700 - 21716] ( Chapter 10 added by Stats. 1981, Ch. 439, Sec. 1. ) ## 21702.5. (a) Any lien on a vehicle or vessel subject to registration or identification under the Vehicle Code that has attached and is set forth in the documents of title to the vehicle or vessel shall have priority over any lien created pursuant to this chapter. (b) Any lien created pursuant to this chapter on a vehicle or vessel subject to registration or identification under the Vehicle Code shall be enforced in accordance with Section 3071 of the Civil Code, in the case of a vehicle, or Section 503 of the Harbors and Navigation Code, in the case of a vessel, and not as prescribed in Sections 21705 to 21711, inclusive. (c) Any lien created pursuant to this chapter on a vehicle or vessel subject to registration or identification under the Vehicle Code shall not include any charges for rent, labor, or other services incurred pursuant to the rental agreement, accruing more than 60 days after the date the lien imposed pursuant to this chapter attaches, as set forth in Section 21705, and before application is made for authorization to conduct the lien sale pursuant to the requirements of Section 3071 of the Civil Code or Section 503 of the Harbors and Navigation Code. (d) Any proceeds from a lien sale shall be disposed of pursuant to Section 3073 of the Civil Code, in the case of a vehicle, or Section 507.5 of the Harbors and Navigation Code, in the case of a vessel. (e) In addition to the right to foreclose on the vehicle, watercraft, or trailer, the owner may have the vehicle, watercraft, or trailer towed from the premises if rent and other charges have not been paid for 60 days and the notice required in Section 21703 has been sent. Not less than 10 days before having the vehicle towed, the owner shall send notice by first-class mail with certificate of mailing to the occupant’s last known address stating the name, address, and telephone number of the towing company and the street address of the location where the towed property can be redeemed. When the towing company takes possession of the vehicle, watercraft, or trailer, the owner shall not be liable for the property or damage to the property. The towing company shall be in compliance with Section 12520 of the Vehicle Code, and shall act in accordance with Section 22658 of the Vehicle Code in removing the property. (Amended by Stats. 2014, Ch. 778, Sec. 1. (AB 983) Effective January 1, 2015.)
  67. 21703.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 10. Self-Service Storage Facilities [21700 - 21716] ( Chapter 10 added by Stats. 1981, Ch. 439, Sec. 1. )

    Verify source ↗

    If an occupant’s rent or other charges stay unpaid for 14 consecutive days, the owner may end the occupant’s right to use the storage space by sending the required notice.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 10. Self-Service Storage Facilities [21700 - 21716] ( Chapter 10 added by Stats. 1981, Ch. 439, Sec. 1. ) ## 21703. If any part of the rent or other charges due from an occupant remain unpaid for 14 consecutive days, an owner may terminate the right of the occupant to the use of the storage space at a self-service storage facility by sending a notice to the occupant’s last known address and to the alternative address specified in subdivision (b) of Section 21712. The notice shall be sent by certified mail, postage prepaid, by regular first-class mail if the owner obtains a certificate of mailing indicating the date the notice was mailed, or by email pursuant to subdivision (c) of Section 21712. The notice shall contain all of the following: (a) An itemized statement of the owner’s claim showing the sums due at the time of the notice and the date when the sums became due. (b) A statement that the occupant’s right to use the storage space will terminate on a specified date (not less than 14 days after the mailing of the notice) unless all sums due are paid by the occupant before the specified date. (c) A notice that the occupant may be denied access to the storage space after the termination date if the sums are not paid and that an owner’s lien, as provided for in Section 21702, may be imposed thereafter. (d) The name, street address, and telephone number of the owner or their designated agent whom the occupant may contact to respond to the notice. (Amended (as amended by Stats. 2020, Ch. 36, Sec. 4) by Stats. 2022, Ch. 420, Sec. 3. (AB 2960) Effective January 1, 2023.)
  68. 21704.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 10. Self-Service Storage Facilities [21700 - 21716] ( Chapter 10 added by Stats. 1981, Ch. 439, Sec. 1. )

    Verify source ↗

    A preliminary lien notice may be used to tell an occupant about unpaid storage charges and warn that nonpayment by the stated date can end access and create an owner’s lien.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 10. Self-Service Storage Facilities [21700 - 21716] ( Chapter 10 added by Stats. 1981, Ch. 439, Sec. 1. ) ## 21704. A notice in substantially the following form shall satisfy the requirements of Section 21703: PRELIMINARY LIEN NOTICE TO _____ (occupant) _____ _____ (address) _____ _____ (state) _____ You owe and have not paid rent and/or other charges for the use of storage _____ (space number) _____ at _____ (name and address of storage facility) _____ . These charges total $ _____ (amount) _____ and have been due for more than 14 days. They are itemized as follows: Due Date Description Amount TOTAL: $__________ If this sum is not paid in full before _____ (date at least 14 days from mailing) _____ your right to use the storage space will terminate, you will be denied access, and an owner’s lien on any stored property will be imposed. You may pay this sum and may contact the owner at: (name) _____ (address) _____ (state) _____ (telephone) _____ (date) _____ (owner’s signature) _____ (Added by Stats. 1981, Ch. 439, Sec. 1.)
  69. 21705.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 10. Self-Service Storage Facilities [21700 - 21716] ( Chapter 10 added by Stats. 1981, Ch. 439, Sec. 1. )

    Verify source ↗

    After the required notice and if the debt remains unpaid, the owner may deny access, enter the storage space, and remove property. The owner must also send a lien-sale notice and a blank opposition declaration to the occupant.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 10. Self-Service Storage Facilities [21700 - 21716] ( Chapter 10 added by Stats. 1981, Ch. 439, Sec. 1. ) ## 21705. (a) If the notice has been sent as required by Section 21703 and the total sum due has not been paid by the termination date specified in the preliminary lien notice, the lien imposed by this chapter attaches as of that date and the owner may do all of the following: (1) Deny an occupant access to the space. (2) Enter the space. (3) Remove any property found therein to a place of safekeeping. (b) Upon taking the actions described in subdivision (a), the owner shall send to the occupant, by certified mail, or by first-class mail if the owner obtains a certificate of mailing, postage prepaid, addressed to the occupant’s last known address, and to the alternative address specified in subdivision (b) of Section 21712, or by email pursuant to subdivision (c) of Section 21712, both of the following: (1) A notice of lien sale that states all of the following: (A) That the occupant’s right to use the storage space has terminated and that the occupant no longer has access to the stored property. (B) That the stored property is subject to a lien, the current amount of the lien, and that the lien will continue to increase if rent is not paid. (C) That the property will be sold to satisfy the lien after a specified date that is not less than 14 days from the date of mailing the notice, unless the occupant executes and returns by certified mail a declaration in opposition to lien sale in the form set forth in paragraph (2). (D) A statement that the occupant may regain full use of the space by paying the full lien amount before the date specified in subparagraph (C). (E) That any excess proceeds of the sale over the lien amount and costs of sale will be retained by the owner and may be reclaimed by the occupant or claimed by another person at any time for a period of one year from the sale and that thereafter the proceeds will escheat to the county in which the sale is to take place. (2) A blank declaration in opposition to lien sale that shall be in substantially the following form: “DECLARATION IN OPPOSITION TO LIEN SALE You must complete all sections of this declaration. If the owner cannot contact or serve you at the physical address and telephone number that you provide below, this declaration shall be void and the owner may sell your stored property. I, _____ (occupant’s name) _____ , have received the notice of lien sale of the property stored at _____ (location and space #) _____ . I oppose the lien sale of the property, because (provide a brief explanation of the reason the owner’s lien may not be valid. For example, “I have paid my rent and other charges in full.”): My current address and telephone number are: (physical address) (city) (state) (ZIP Code) (telephone number) I understand that the lienholder may file an action against me in any court of competent jurisdiction, including small claims court, at the address provided above, and if a judgment is given in the lienholder’s favor, I may be liable for the court costs. I also understand that this declaration is not valid if (a) the address provided in this declaration is not my current address or (b) I change my address at any time prior to service of an action on the lien and I do not provide the owner the address within 10 days of the change. I declare under penalty of perjury that the foregoing is true and correct, and that this declaration was signed by me on _____ (date) _____ at _____ (place) _____ . (signature of occupant) Return this declaration to: (self-service storage facility address)” (Amended (as amended by Stats. 2020, Ch. 36, Sec. 6) by Stats. 2022, Ch. 420, Sec. 5. (AB 2960) Effective January 1, 2023.)
  70. 21706.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 10. Self-Service Storage Facilities [21700 - 21716] ( Chapter 10 added by Stats. 1981, Ch. 439, Sec. 1. )

    Verify source ↗

    The owner may sell the stored property if the required opposition declaration is not properly received, completed, signed, or is withdrawn in writing, and the owner follows Section 21707, subject to Sections 21708 and 21709.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 10. Self-Service Storage Facilities [21700 - 21716] ( Chapter 10 added by Stats. 1981, Ch. 439, Sec. 1. ) ## 21706. If a declaration in opposition to the lien sale, executed under penalty of perjury, is not received by the owner on or prior to the date specified in the notice of lien sale by certified mail, is not completed and signed by the occupant, or if the occupant withdraws the declaration in opposition to the lien sale in writing, the owner may, subject to Sections 21708 and 21709, sell the property upon complying with the requirements set forth in Section 21707. (Amended by Stats. 2014, Ch. 778, Sec. 3. (AB 983) Effective January 1, 2015.)
  71. 21707.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 10. Self-Service Storage Facilities [21700 - 21716] ( Chapter 10 added by Stats. 1981, Ch. 439, Sec. 1. )

    Verify source ↗

    This section requires notice and sale-advertising steps for a self-service storage lien sale, and sets rules for handling any excess sale proceeds.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 10. Self-Service Storage Facilities [21700 - 21716] ( Chapter 10 added by Stats. 1981, Ch. 439, Sec. 1. ) ## 21707. (a) (1) After the expiration of the time given in the notice of lien sale, pursuant to subdivision (b) of Section 21705, or following the failure of a claimant to pay rent or obtain a court order pursuant to Section 21709, an advertisement of the sale shall be published before the sale in either of the following ways: (A) Once per week for two consecutive weeks in a newspaper of general circulation published in the public notice district where the sale is to be held or in the county where the self-service storage facility is located. (B) Once in a newspaper of general circulation published in the public notice district where the sale is to be held or in the county where the self-service storage facility is located and once on any publicly accessible internet website that customarily conducts or advertises online auctions or sales. The online advertisement shall remain online for seven days before the sale. (2) If, pursuant to either subparagraph (A) or (B) of paragraph (1), there is no newspaper of general circulation published in the public notice district where the sale is to be held or in the county where the self-service storage facility is located, the advertisement shall be posted at least 10 days before the sale in not less than 6 conspicuous places in the neighborhood of the proposed sale. (3) The advertisement shall include the name of the person on whose account the goods are being stored and the name and location of the storage facility. (4) For the purposes of this subdivision, publication of notice in a public notice district is governed by Chapter 1.1 (commencing with Section 6080) of Division 7 of Title 1 of the Government Code. (b) (1) The sale shall be conducted in a commercially reasonable manner. After deducting the amount of the lien and costs of sale, the owner shall retain any excess proceeds of the sale on the occupant’s behalf. The occupant, or any other person having a court order or other judicial process against the property, may claim the excess proceeds, or a portion thereof sufficient to satisfy the particular claim, at any time within one year of the date of sale. Thereafter, the owner shall pay any remaining excess proceeds to the treasury of the county in which the sale was held. (2) For the purposes of this subdivision, a commercially reasonable manner of sale includes, but is not limited to, an in-person auction or a sale on a publicly accessible internet website that customarily conducts online auctions or sales. (Amended by Stats. 2024, Ch. 80, Sec. 13. (SB 1525) Effective January 1, 2025.)
  72. 21708.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 10. Self-Service Storage Facilities [21700 - 21716] ( Chapter 10 added by Stats. 1981, Ch. 439, Sec. 1. )

    Verify source ↗

    A person with a perfected security interest may claim covered property by paying the total amount due, unless the occupant has filed and returned a declaration opposing the lien sale. After payment, the owner must deliver the property to that person.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 10. Self-Service Storage Facilities [21700 - 21716] ( Chapter 10 added by Stats. 1981, Ch. 439, Sec. 1. ) ## 21708. Any person who has a perfected security interest under Division 9 (commencing with Section 9101) of the Commercial Code may claim any personal property subject to the security interest and subject to a lien pursuant to this chapter by paying the total amount due, as specified in the preliminary lien notice, for the storage of the property, if no declaration of opposition to the lien sale is executed and returned by the occupant. Upon payment of the total amount due, the owner shall deliver possession of the particular property subject to the security interest to the person who paid the total amount due. The owner shall not be liable to any person for any action taken pursuant to this section if the owner has fully complied with the requirements of Sections 21704 and 21705. (Added by Stats. 1981, Ch. 439, Sec. 1.)
  73. 21709.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 10. Self-Service Storage Facilities [21700 - 21716] ( Chapter 10 added by Stats. 1981, Ch. 439, Sec. 1. )

    Verify source ↗

    A person claiming a right to stored goods may stop a sale by paying the lien amount plus one month’s rent in advance before the sale. If no court order is obtained within 30 days, the claimant must pay ongoing rent, and if that rent is not paid, the owner may sell or dispose of the property.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 10. Self-Service Storage Facilities [21700 - 21716] ( Chapter 10 added by Stats. 1981, Ch. 439, Sec. 1. ) ## 21709. Prior to any sale pursuant to Section 21707, any person claiming a right to the goods may pay the amount necessary to satisfy the lien together with one month’s rent in advance. In that event, the goods shall not be sold, but shall be retained by the owner pending a court order directing the disposition of the property. If a court order is not obtained within 30 days following the date of the payment pursuant to this section, the claimant shall pay the owner the monthly rental charge for the space where the property is stored pursuant to the terms of the rental agreement. If the claimant does not pay this rent, the owner may sell or dispose of the personal property in accordance with Section 21707. The owner shall have no liability for the sale or other disposition of the personal property to any claimant who fails to secure a court order or pay the required rental charge as set forth in this section, provided the owner has fully complied with the requirements of this chapter. (Amended by Stats. 2010, Ch. 439, Sec. 5. (AB 655) Effective January 1, 2011.)
  74. 2171.

    ## 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 9. Examinations [2170 - 2186] ( Article 9 added by Stats. 1980, Ch. 1313, Sec. 2. )

    Verify source ↗

    Examinations must be designed to determine an applicant’s fitness to practice medicine, and they must be written unless another form is otherwise provided.

    ## 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 9. Examinations [2170 - 2186] ( Article 9 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2171. All examinations shall be designed to ascertain the applicant’s fitness to practice medicine. Unless otherwise provided the examination shall be in writing. (Amended by Stats. 1991, Ch. 983, Sec. 3.)
  75. 21710.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 10. Self-Service Storage Facilities [21700 - 21716] ( Chapter 10 added by Stats. 1981, Ch. 439, Sec. 1. )

    Verify source ↗

    If the owner receives a valid declaration opposing the lien sale before the notice date, the owner may enforce the lien only in the ways listed in this section.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 10. Self-Service Storage Facilities [21700 - 21716] ( Chapter 10 added by Stats. 1981, Ch. 439, Sec. 1. ) ## 21710. (a) If a valid declaration in opposition to lien sale is received by the owner prior to the date set forth in the notice of lien sale, the owner may enforce the lien only as follows: (1) File an action to enforce the lien in small claims court as provided in Chapter 5.5 (commencing with Section 116.110) of Title 1 of Part 1 of the Code of Civil Procedure, provided that the amount of the lien is within the monetary jurisdiction of the court. If the action is filed in small claims court, all of the procedures set forth in that chapter shall apply, including the procedures for service of the summons and complaint. (2) File an action to enforce the lien in any other court of competent jurisdiction, in which case the summons and complaint may be served by certified mail, postage prepaid, addressed to the occupant at the address provided by the occupant in the declaration of lien sale, and service shall be deemed completed on the fifth day after the mailing, or in any other manner authorized by Chapter 4 (commencing with Section 413.10) of Title 5 of Part 2 of the Code of Civil Procedure. (b) If the owner is granted a judgment in favor of the lien, the owner may advertise the goods for sale and sell the property as provided in Section 21707. (Repealed and added by Stats. 2010, Ch. 439, Sec. 7. (AB 655) Effective January 1, 2011.)
  76. 21711.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 10. Self-Service Storage Facilities [21700 - 21716] ( Chapter 10 added by Stats. 1981, Ch. 439, Sec. 1. )

    Verify source ↗

    A good-faith buyer of goods sold to enforce a lien or related judgment takes the goods free of claims against the lien, even if the storage facility owner did not comply with chapter requirements.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 10. Self-Service Storage Facilities [21700 - 21716] ( Chapter 10 added by Stats. 1981, Ch. 439, Sec. 1. ) ## 21711. A purchaser in good faith of goods sold to enforce a lien or a judgment entered on the lien in favor of the owner on goods stored at a self-service storage facility takes the goods free of any rights of persons against whom the lien was claimed, despite noncompliance by the owner of the storage facility with the requirements of this chapter. (Added by Stats. 1981, Ch. 439, Sec. 1.)
  77. 21712.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 10. Self-Service Storage Facilities [21700 - 21716] ( Chapter 10 added by Stats. 1981, Ch. 439, Sec. 1. )

    Verify source ↗

    This section requires storage rental contracts to be in writing and to include a lien-sale notice, and it sets conditions for notice by email and for resending notice by mail.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 10. Self-Service Storage Facilities [21700 - 21716] ( Chapter 10 added by Stats. 1981, Ch. 439, Sec. 1. ) ## 21712. (a) Each contract for the rental or lease of individual storage space in a self-service storage facility shall be in writing and shall contain, in addition to the provisions otherwise required or permitted by law to be included, a statement that the occupant’s property will be subject to a claim of lien and may even be sold to satisfy the lien if the rent or other charges due remain unpaid for 14 consecutive days and that those actions are authorized by this chapter. (b) The provisions of this chapter shall not apply, and the lien authorized by this chapter shall not attach, unless the rental agreement requests, and provides space for, the occupant to give the name and mailing or email address of another person to whom the preliminary lien notice and subsequent notices required to be given under this chapter may be sent. Notices sent pursuant to Section 21703 or 21705 shall be sent to the occupant’s address and the alternative address, if both addresses are provided by the occupant. Failure of an occupant to provide an alternative address shall not affect an owner’s remedies under this chapter or under any other law. (c) (1) The owner may send the notices required by Sections 21703 and 21705 to the occupant and to the alternative address specified in subdivision (b) by email only if both of the following conditions are met: (A) The rental agreement states that lien notices may be sent to the occupant and to the alternate by email. (B) The occupant provides a written signature on the rental agreement consenting to receive lien notices by email. (2) An owner may demonstrate actual delivery and receipt by any of the following: (A) The occupant acknowledges receipt of the electronic transmission of the document by executing an electronic signature, which is defined as an electronic sound, symbol, or process attached to, or logically associated with, an electronic record and executed or adopted by a person with the intent to sign the electronic record. (B) The document is delivered to the occupant’s email address, and there is evidence demonstrating that the occupant downloaded, printed, viewed, opened, or otherwise acknowledged receipt of the document. (C) The document is transmitted to the occupant through an application on an internet website that is secured by password, biometric identifier, or other technology, and there is evidence demonstrating that the occupant logged into the application and viewed or otherwise acknowledged receipt of the document. (D) The occupant acknowledges receipt of the electronic transmission of the document by replying to the email communication, and there is delivery path evidence that the reply email was sent from the occupant’s email address. (3) If the owner is unable to demonstrate actual delivery and receipt pursuant to paragraph (2), the owner shall resend the notice by mail to the occupant’s last known mailing address in the manner originally specified by the underlying provisions of Section 21703 or 21705. (Amended by Stats. 2025, Ch. 369, Sec. 1. (AB 498) Effective January 1, 2026.)
  78. 21712.3.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 10. Self-Service Storage Facilities [21700 - 21716] ( Chapter 10 added by Stats. 1981, Ch. 439, Sec. 1. )

    Verify source ↗

    The owner of a self-service storage facility must give written notice before ending or not renewing a rental agreement, and must send a detailed notice to a former occupant if property remains after the agreement ends.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 10. Self-Service Storage Facilities [21700 - 21716] ( Chapter 10 added by Stats. 1981, Ch. 439, Sec. 1. ) ## 21712.3. (a) (1) The owner shall give written notice to the occupant prior to the termination or nonrenewal of the rental agreement. (2) The notice shall include a statement that the occupant may minimize the costs of storage by claiming any property remaining at the self-service storage facility within two days after the end of the rental agreement, and that the property may be sold, kept, destroyed, or disposed of if it is not claimed within the time period described in paragraph (2) of subdivision (b). (b) (1) Where personal property remains at the self-service storage facility after the rental agreement has ended, the owner shall give written notice to the former occupant. (2) The notice shall describe the property in a manner reasonably adequate to permit the former occupant to identify it. The notice shall advise the former occupant that rent may be charged before the property is returned, where the property may be claimed, and the date before which the claim must be made. The date specified in the notice shall be a date not less than 15 days after the notice is personally delivered or emailed, or, if mailed, not less than 18 days after the notice is deposited in the mail. (3) The notice shall be personally delivered to the former occupant or sent by first-class mail, postage prepaid, to the last known address of the former occupant and to the alternative address specified in subdivision (b) of Section 21712, or by email pursuant to subdivision (c) of Section 21712. (Added by Stats. 2024, Ch. 91, Sec. 1. (AB 1916) Effective January 1, 2025.)
  79. 21712.4.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 10. Self-Service Storage Facilities [21700 - 21716] ( Chapter 10 added by Stats. 1981, Ch. 439, Sec. 1. )

    Verify source ↗

    A storage-facility notice to a former occupant must follow the statutory form and include specific statements about reclaiming abandoned property, deadlines, and possible sale or disposal.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 10. Self-Service Storage Facilities [21700 - 21716] ( Chapter 10 added by Stats. 1981, Ch. 439, Sec. 1. ) ## 21712.4. (a) A notice given to the former occupant that is in substantially the following form satisfies the requirements of Section 21712.3: Notice of Right to Reclaim Abandoned Property To: _____ (Name of former occupant) _____ _____ (Address of former occupant) _____ When the rental agreement ended for the storage space at _____ (Address of self-service storage facility, including the space number, if any) _____ , the following personal property remained: _____ (Insert description of the personal property) _____ You may claim this property at _____ (Address where property may be claimed) _____ . If you claim this property by ____ (insert date not less than 2 days after the end of the rental agreement), you may minimize the costs of storage. If you fail to claim this property by ____ (insert date not less than 2 days after the end of the rental agreement), unless you pay the rent for all the above-described property, and take possession of the property which you claim, not later than _______ (insert date not less than 15 days after notice is personally delivered or, if mailed, not less than 18 days after notice is deposited in the mail) this property may be sold, kept, destroyed, or disposed of pursuant to Business and Professions Code Section 21712.8. (Insert here the statement required by subdivision (b) of this section) Dated: _______ (Signature of owner) _____ (Type or print name of owner) _____ (Telephone number) _____ (Address) _____ (b) The notice set forth in subdivision (a) shall also contain one of the following statements, as applicable: (1) “If you fail to reclaim the property, it will be sold at a public sale after notice of the sale has been given by publication. You have the right to bid on the property at this sale. After the property is sold and the rent and costs of advertising and sale are deducted, the remaining money will be paid over to the county. You may claim the remaining money at any time within one year after the county receives the money.” (2) “Because this property is believed to be worth less than $300, it may be kept, sold, destroyed, or otherwise disposed of without further notice if you fail to reclaim it within the time indicated above.” (Added by Stats. 2024, Ch. 91, Sec. 2. (AB 1916) Effective January 1, 2025.)
  80. 21712.6.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 10. Self-Service Storage Facilities [21700 - 21716] ( Chapter 10 added by Stats. 1981, Ch. 439, Sec. 1. )

    Verify source ↗

    The owner must keep the listed personal property at the storage facility or in safekeeping until it is released or disposed of under the cited sections, and must exercise reasonable care when storing it.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 10. Self-Service Storage Facilities [21700 - 21716] ( Chapter 10 added by Stats. 1981, Ch. 439, Sec. 1. ) ## 21712.6. The personal property described in the notice shall either be left at the self-service storage facility or be stored by the owner in a place of safekeeping until the owner either releases the property pursuant to Section 21712.7 or disposes of the property pursuant to Section 21712.8. The owner shall exercise reasonable care in storing the property, but the owner is not liable to the former occupant or any other person for any loss not caused by the owner’s deliberate or negligent act. (Added by Stats. 2024, Ch. 91, Sec. 3. (AB 1916) Effective January 1, 2025.)
  81. 21712.7.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 10. Self-Service Storage Facilities [21700 - 21716] ( Chapter 10 added by Stats. 1981, Ch. 439, Sec. 1. )

    Verify source ↗

    An owner must release stored personal property to the former occupant when the occupant pays required amounts and meets the stated timing conditions; in one case, storage costs cannot be charged.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 10. Self-Service Storage Facilities [21700 - 21716] ( Chapter 10 added by Stats. 1981, Ch. 439, Sec. 1. ) ## 21712.7. (a) The personal property described in the notice shall be released by the owner to the former occupant if the former occupant pays the rent and takes possession of the property not later than the date specified in the notice for taking possession. (b) Where personal property is not released pursuant to subdivision (a), the owner shall release the personal property to the former occupant if the former occupant claims it prior to the time it is sold, kept, destroyed, or otherwise disposed of and pays the rent and reasonable costs of advertising and sale incurred prior to the time the property is released to the former occupant. (c) Notwithstanding subdivision (a), the owner shall release the personal property described in the notice to the former occupant and shall not require the former occupant to pay the cost of storage if the property remained in the storage facility and the former occupant reclaims the property within two days of termination of the rental agreement. (Added by Stats. 2024, Ch. 91, Sec. 4. (AB 1916) Effective January 1, 2025.)
  82. 21712.8.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 10. Self-Service Storage Facilities [21700 - 21716] ( Chapter 10 added by Stats. 1981, Ch. 439, Sec. 1. )

    Verify source ↗

    If released property is not claimed under Section 21712.7, it must be sold at public auction; if the remaining value is under $300, the owner may dispose of it in other ways.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 10. Self-Service Storage Facilities [21700 - 21716] ( Chapter 10 added by Stats. 1981, Ch. 439, Sec. 1. ) ## 21712.8. (a) If the personal property described in the notice is not released pursuant to Section 21712.7, it shall be sold at public sale by competitive bidding. However, if the owner reasonably believes that the total resale value of the property not released is less than three hundred dollars ($300), the owner may keep, sell, destroy, or otherwise dispose of the property in any manner. Nothing in this section shall be construed to preclude the owner or former occupant from bidding on the property at the public sale. (b) An advertisement of the sale shall be published pursuant to Section 21707. (c) After deduction of the rent and costs of advertising and sale, any balance of the proceeds of the sale which is not claimed by the former occupant shall be paid into the treasury of the county in which the sale took place not later than 30 days after the date of sale. The former occupant may claim the balance within one year from the date of payment to the county by making an application to the county treasurer or other official designated by the county. If the county pays the balance or any part thereof to a claimant, neither the county nor any officer or employee thereof shall be liable to any other claimant as to the amount paid. (Added by Stats. 2024, Ch. 91, Sec. 5. (AB 1916) Effective January 1, 2025.)
  83. 21713.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 10. Self-Service Storage Facilities [21700 - 21716] ( Chapter 10 added by Stats. 1981, Ch. 439, Sec. 1. )

    Verify source ↗

    The chapter does not limit the parties’ ability to add terms to the rental agreement, including limits on what value an occupant may store, and it adds to any other creditor rights under law.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 10. Self-Service Storage Facilities [21700 - 21716] ( Chapter 10 added by Stats. 1981, Ch. 439, Sec. 1. ) ## 21713. This chapter shall not be construed to impair or affect the right of the parties to create additional rights, duties, and obligations in and by virtue of the rental agreement, including, but not limited to, the right to limit the value of the property the occupant may store in the storage space. The rights provided by this chapter shall be in addition to all other rights provided by law to a creditor against his or her debtor. (Amended by Stats. 2014, Ch. 778, Sec. 4. (AB 983) Effective January 1, 2015.)
  84. 21713.5.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 10. Self-Service Storage Facilities [21700 - 21716] ( Chapter 10 added by Stats. 1981, Ch. 439, Sec. 1. )

    Verify source ↗

    A self-service storage facility owner may charge a reasonable late fee only if the rent is unpaid for at least 10 days, the fee amount is stated in the rental agreement, and only one late fee is charged per missed payment.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 10. Self-Service Storage Facilities [21700 - 21716] ( Chapter 10 added by Stats. 1981, Ch. 439, Sec. 1. ) ## 21713.5. (a) The owner of a self-service storage facility may assess a reasonable late payment fee if an occupant does not pay the entire amount of the rental fee specified in the rental agreement, subject to the following requirements: (1) No late payment fee shall be assessed unless the rental fee remains unpaid for at least 10 days after the date specified in the rental agreement for payment of the rental fee. (2) The amount of the late payment fee shall be specified in the occupant’s rental agreement. (3) Only one late payment fee shall be assessed for each rental fee payment that is not paid on the date specified in the rental agreement. (b) For purposes of this section, a “reasonable late payment fee” is one that does not exceed the following: (1) Ten dollars ($10), if the rental agreement provides for monthly rent of sixty dollars ($60) or less. (2) Fifteen dollars ($15), if the rental agreement provides for monthly rent greater than sixty dollars ($60), but less than one hundred dollars ($100). (3) Twenty dollars ($20) or 15 percent of the monthly rental fee, whichever is greater, if the rental agreement provides for monthly rent of one hundred dollars ($100) or more. (Added by Stats. 2000, Ch. 156, Sec. 2. Effective January 1, 2001.)
  85. 21714.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 10. Self-Service Storage Facilities [21700 - 21716] ( Chapter 10 added by Stats. 1981, Ch. 439, Sec. 1. )

    Verify source ↗

    This chapter applies only to rental agreements entered into, extended, or renewed after the chapter’s 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 10. Self-Service Storage Facilities [21700 - 21716] ( Chapter 10 added by Stats. 1981, Ch. 439, Sec. 1. ) ## 21714. The provisions of this chapter shall only apply to rental agreements entered into, or extended, or renewed after the effective date of this chapter. (Added by Stats. 1981, Ch. 439, Sec. 1.)
  86. 21715.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 10. Self-Service Storage Facilities [21700 - 21716] ( Chapter 10 added by Stats. 1981, Ch. 439, Sec. 1. )

    Verify source ↗

    Older rental agreements covered by this chapter stay valid if they were made before the chapter’s effective date and were not extended or renewed afterward.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 10. Self-Service Storage Facilities [21700 - 21716] ( Chapter 10 added by Stats. 1981, Ch. 439, Sec. 1. ) ## 21715. All rental agreements entered into before the effective date of this chapter, and not extended or renewed after that date, and the rights, duties, and interests flowing from them, shall remain valid, and may be enforced or terminated in accordance with their terms or as permitted by any other statute or law of this state. (Added by Stats. 1981, Ch. 439, Sec. 1.)
  87. 21715.2.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 10. Self-Service Storage Facilities [21700 - 21716] ( Chapter 10 added by Stats. 1981, Ch. 439, Sec. 1. )

    Verify source ↗

    Rental agreements for self-service storage facilities must disclose specified lease and fee information and present those disclosures prominently.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 10. Self-Service Storage Facilities [21700 - 21716] ( Chapter 10 added by Stats. 1981, Ch. 439, Sec. 1. ) ## 21715.2. (a) A rental agreement shall disclose, in the manner described in subdivision (b), all of the following: (1) The initial length and renewal term of the rental agreement. (2) Whether the occupant has received a promotional or discounted rental fee. (3) If the occupant has received a promotional or discounted rental fee, the duration of the promotional or discounted rental fee. (4) Whether the rental fee is subject to change and, if so, the maximum rental fee that the owner could charge during the first 12 months following the date of the rental agreement. (5) All required steps for the occupant to terminate the rental agreement and avoid future rental fees or other charges, including removing all personal property from the occupant’s storage space. (6) Contact information for the owner. (b) (1) The disclosures required by paragraphs (1) through (5), inclusive, of subdivision (a) shall be made on the first page of the rental agreement. (2) The disclosures required by subdivision (a) shall be made in larger type than the surrounding text and in a manner that clearly calls attention to the language and meet either of the following criteria: (A) The disclosures are in contrasting type, font, or color to the surrounding text. (B) The disclosures are set off from the surrounding text by symbols or by other marks. (c) This section shall apply only to a rental agreement initially entered into on or after January 1, 2026. (Added by Stats. 2025, Ch. 353, Sec. 1. (SB 709) Effective January 1, 2026.)
  88. 21715.5.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 10. Self-Service Storage Facilities [21700 - 21716] ( Chapter 10 added by Stats. 1981, Ch. 439, Sec. 1. )

    Verify source ↗

    A self-service storage facility owner may change the rental agreement terms after giving the occupant written notice and waiting at least 30 days.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 10. Self-Service Storage Facilities [21700 - 21716] ( Chapter 10 added by Stats. 1981, Ch. 439, Sec. 1. ) ## 21715.5. The owner may, upon the expiration of a period of at least 30 days from giving notice in writing to the occupant by personal delivery, by first-class mail, postage prepaid, to the last known address of the occupant, or by email pursuant to subdivision (c) of Section 21712, change the terms of the rental agreement. The notice, upon the expiration of a period of at least 30 days from the date of service, shall in and of itself operate and be effectual to create and establish, as a part of the rental agreement, the terms, rents, and conditions specified in the notice, if the occupant continues to store personal property at the self-service storage facility after the notice takes effect. (Added by Stats. 2024, Ch. 91, Sec. 6. (AB 1916) Effective January 1, 2025.)
  89. 21716.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 10. Self-Service Storage Facilities [21700 - 21716] ( Chapter 10 added by Stats. 1981, Ch. 439, Sec. 1. )

    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 10. Self-Service Storage Facilities [21700 - 21716] ( Chapter 10 added by Stats. 1981, Ch. 439, Sec. 1. ) ## 21716. 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 this chapter are declared to be severable. (Added by Stats. 1981, Ch. 439, Sec. 1.)
  90. 2175.

    ## 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 9. Examinations [2170 - 2186] ( Article 9 added by Stats. 1980, Ch. 1313, Sec. 2. )

    Verify source ↗

    The board must keep state examination records on file until June 1, 2070, and examinees must be identified by number only.

    ## 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 9. Examinations [2170 - 2186] ( Article 9 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2175. State examination records shall be kept on file by the board until June 1, 2070. Examinees shall be known and designated by number only, and the name attached to the number shall be kept secret until the examinee is sent notification of the results of the examinations. (Amended by Stats. 2009, Ch. 308, Sec. 22. (SB 819) Effective January 1, 2010.)
  91. 21750.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 11. Copyrighted Performances of Musical Works [21750 - 21758] ( Chapter 11 added by Stats. 1996, Ch. 340, Sec. 2. )

    Verify source ↗

    This section defines key terms used in the chapter on copyrighted performances of musical works.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 11. Copyrighted Performances of Musical Works [21750 - 21758] ( Chapter 11 added by Stats. 1996, Ch. 340, Sec. 2. ) ## 21750. For purposes of this chapter, the following definitions apply: (a) “Copyright owner” means the owner of a copyright of a nondramatic musical work recognized and enforceable under the copyright laws of the United States pursuant to Title 17 of the United States Code, P. L. 94-553 (17 U.S.C. Sec. 101 et seq.). “Copyright owner” does not include the owner of a copyright in a motion picture or audiovisual work, or in part of a motion picture or audiovisual work. (b) “Performing rights society” means an association or corporation that licenses the public performance of nondramatic musical works on behalf of copyright owners, such as the American Society of Composers, Authors and Publishers (ASCAP), Broadcast Music, Inc. (BMI), and SESAC, Inc. (c) “Proprietor” means the owner of a retail establishment, restaurant, inn, bar, tavern, or any other similar place of business or professional office located in this state in which the public may assemble and in which nondramatic musical works may be performed, broadcast, or otherwise transmitted for the enjoyment of the assembled members of the public. (d) “Royalty” or “royalties” means the fees payable to a copyright owner or performing rights society for the public performance of a nondramatic musical work. (Added by Stats. 1996, Ch. 340, Sec. 2. Effective January 1, 1997.)
  92. 21751.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 11. Copyrighted Performances of Musical Works [21750 - 21758] ( Chapter 11 added by Stats. 1996, Ch. 340, Sec. 2. )

    Verify source ↗

    A copyright owner or performing rights society may not enter into or offer a royalty contract with a proprietor unless it gives the proprietor specified written information at least 72 hours before the contract is executed.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 11. Copyrighted Performances of Musical Works [21750 - 21758] ( Chapter 11 added by Stats. 1996, Ch. 340, Sec. 2. ) ## 21751. No copyright owner or performing rights society may enter into, or offer to enter into, a contract for the payment of royalties by a proprietor unless at least 72 hours prior to the execution of that contract, it provides to the proprietor, in writing, the following: (a) A schedule of the rates and terms of royalties under the contract. (b) Notice that the proprietor is entitled to the information contained in subdivision (a) and Section 21751.5. (Added by Stats. 1996, Ch. 340, Sec. 2. Effective January 1, 1997.)
  93. 21751.5.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 11. Copyrighted Performances of Musical Works [21750 - 21758] ( Chapter 11 added by Stats. 1996, Ch. 340, Sec. 2. )

    Verify source ↗

    A performing rights society must provide proprietors an electronic, current list of its members, affiliates, and at least the works it licenses. It may also provide additional information for a reasonable cost.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 11. Copyrighted Performances of Musical Works [21750 - 21758] ( Chapter 11 added by Stats. 1996, Ch. 340, Sec. 2. ) ## 21751.5. A performing rights society shall make available electronically to proprietors the most current available list of the members and affiliates represented by the performing rights society and the most current available list of no less than the performed works that the society licenses. A performing rights society may make additional information available to a proprietor at a reasonable cost. (Added by Stats. 1996, Ch. 340, Sec. 2. Effective January 1, 1997.)
  94. 21752.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 11. Copyrighted Performances of Musical Works [21750 - 21758] ( Chapter 11 added by Stats. 1996, Ch. 340, Sec. 2. )

    Verify source ↗

    A royalty payment contract executed in this state must be in writing, signed by the parties, and include specified contract details.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 11. Copyrighted Performances of Musical Works [21750 - 21758] ( Chapter 11 added by Stats. 1996, Ch. 340, Sec. 2. ) ## 21752. A contract for the payment of royalties executed in this state shall: (a) Be in writing. (b) Be signed by the parties. (c) Include at least the following information: (1) The proprietor’s name and business address. (2) The name and location of each place of business to which the contract applies. (3) The duration of the contract. (4) The schedule of rates and terms of the royalties to be collected under the contract, including any sliding scale or schedule for any increase or decrease of those rates for the duration of that contract. (Added by Stats. 1996, Ch. 340, Sec. 2. Effective January 1, 1997.)
  95. 21753.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 11. Copyrighted Performances of Musical Works [21750 - 21758] ( Chapter 11 added by Stats. 1996, Ch. 340, Sec. 2. )

    Verify source ↗

    Representatives or agents of a performing rights society may not discuss royalty or copyright-use contracts with a proprietor without first identifying themselves, and may not use coercive, disruptive, or fraudulent conduct or ignore related sections.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 11. Copyrighted Performances of Musical Works [21750 - 21758] ( Chapter 11 added by Stats. 1996, Ch. 340, Sec. 2. ) ## 21753. (a) No representative or agent of a performing rights society may do any of the following: (1) Discuss with the proprietor or the proprietor’s employee, a contract for payment of royalties by a proprietor or the use of copyrighted works by the proprietor, without first identifying himself or herself to the proprietor or the proprietor’s employees. (2) Engage in any coercive conduct, act, or practice that is substantially disruptive of a proprietor’s business, or use or attempt to use a fraudulent act, as defined in Section 1572 of the Civil Code. (3) Fail to comply with Section 21751, 21751.5, or 21752. (b) This chapter does not prohibit a copyright owner or performing rights society from conducting investigations to determine the existence of music use by a proprietor or informing a proprietor of the proprietor’s obligation under Title 17 of the United States Code. (Added by Stats. 1996, Ch. 340, Sec. 2. Effective January 1, 1997.)
  96. 21754.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 11. Copyrighted Performances of Musical Works [21750 - 21758] ( Chapter 11 added by Stats. 1996, Ch. 340, Sec. 2. )

    Verify source ↗

    A person who wilfully violates this act is liable for a $5,000 civil penalty per violation.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 11. Copyrighted Performances of Musical Works [21750 - 21758] ( Chapter 11 added by Stats. 1996, Ch. 340, Sec. 2. ) ## 21754. A person who wilfully violates any of the provisions of this act is liable for a civil penalty of five thousand dollars ($5,000) per violation. (Added by Stats. 1996, Ch. 340, Sec. 2. Effective January 1, 1997.)
  97. 21755.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 11. Copyrighted Performances of Musical Works [21750 - 21758] ( Chapter 11 added by Stats. 1996, Ch. 340, Sec. 2. )

    Verify source ↗

    A proprietor may sue or counterclaim to stop a violation of this chapter and recover damages. If successful, the proprietor can recover treble damages, filing fees, and reasonable costs, and may also receive reasonable attorney’s fees in a willful Section 21753(a)(2) case.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 11. Copyrighted Performances of Musical Works [21750 - 21758] ( Chapter 11 added by Stats. 1996, Ch. 340, Sec. 2. ) ## 21755. A proprietor may bring an action or assert a counterclaim against a copyright owner or performing rights society to enjoin any violation of this chapter and to recover any damages sustained by the proprietor as a result of a violation of this chapter. If successful, the proprietor is entitled to recover treble damages, together with filing fees and reasonable costs of suit, in addition to any other legal or equitable relief. If a proprietor prevails in a cause of action alleging a willful violation of paragraph (2) of subdivision (a) of Section 21753, the prevailing proprietor shall be awarded reasonable attorney’s fees. (Added by Stats. 1996, Ch. 340, Sec. 2. Effective January 1, 1997.)
  98. 21756.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 11. Copyrighted Performances of Musical Works [21750 - 21758] ( Chapter 11 added by Stats. 1996, Ch. 340, Sec. 2. )

    Verify source ↗

    This chapter adds to, and does not replace or weaken, other legal rights, remedies, and prohibitions.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 11. Copyrighted Performances of Musical Works [21750 - 21758] ( Chapter 11 added by Stats. 1996, Ch. 340, Sec. 2. ) ## 21756. The rights, remedies, and prohibitions accorded by this chapter are in addition to any other right, remedy, or prohibition accorded by law. Nothing in this chapter shall be construed to deny, abrogate, or impair any right, remedy, or prohibition. (Added by Stats. 1996, Ch. 340, Sec. 2. Effective January 1, 1997.)
  99. 21757.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 11. Copyrighted Performances of Musical Works [21750 - 21758] ( Chapter 11 added by Stats. 1996, Ch. 340, Sec. 2. )

    Verify source ↗

    This chapter generally does not apply to certain contracts with FCC-licensed broadcasters, but it does apply to contracts with a proprietor when the copyright owner or performing rights society is FCC-licensed.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 11. Copyrighted Performances of Musical Works [21750 - 21758] ( Chapter 11 added by Stats. 1996, Ch. 340, Sec. 2. ) ## 21757. This chapter does not apply to contracts between copyright owners or performing rights societies and broadcasters licensed by the Federal Communications Commission. However, if a copyright owner or performing rights society is licensed by the Federal Communications Commission, this chapter applies to contracts between that copyright owner or performing rights society and a proprietor. (Added by Stats. 1996, Ch. 340, Sec. 2. Effective January 1, 1997.)
  100. 21758.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 11. Copyrighted Performances of Musical Works [21750 - 21758] ( Chapter 11 added by Stats. 1996, Ch. 340, Sec. 2. )

    Verify source ↗

    This chapter does not apply to conduct engaged in while enforcing Section 653w of the Penal Code.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 11. Copyrighted Performances of Musical Works [21750 - 21758] ( Chapter 11 added by Stats. 1996, Ch. 340, Sec. 2. ) ## 21758. This chapter does not apply to conduct engaged in while enforcing Section 653w of the Penal Code. (Added by Stats. 1996, Ch. 340, Sec. 2. Effective January 1, 1997.)
  101. 2176.

    ## 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 9. Examinations [2170 - 2186] ( Article 9 added by Stats. 1980, Ch. 1313, Sec. 2. )

    Verify source ↗

    The Division of Licensing may conduct physician and surgeon certificate examinations, make arrangements with organizations that provide exam materials, and designate equivalent written exams.

    ## 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 9. Examinations [2170 - 2186] ( Article 9 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2176. Examinations for a physician’s and surgeon’s certificate may be conducted by the Division of Licensing under a uniform examination system, and for that purpose the division may make such arrangements with organizations furnishing examination material as it may deem desirable. The Division of Licensing may, in its discretion, designate other written examinations for a physician’s and surgeon’s certificate that the division determines are equivalent to any other written examination for a physician’s and surgeon’s certificate conducted by the division. (Amended by Stats. 1991, Ch. 983, Sec. 5.)
  102. 2177.

    ## 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 9. Examinations [2170 - 2186] ( Article 9 added by Stats. 1980, Ch. 1313, Sec. 2. )

    Verify source ↗

    Applicants must pass Step 3 within four attempts to be eligible for a physician’s and surgeon’s certificate, but a board-approved separate-part exam option is allowed, and a limited exception applies for some applicants who need more than four attempts.

    ## 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 9. Examinations [2170 - 2186] ( Article 9 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2177. (a) A passing score is required for an entire examination or for each part of an examination, as established by resolution of the board. (b) Applicants may elect to take the written examinations conducted or accepted by the board in separate parts. (c) (1) An applicant shall have obtained a passing score on all parts of Step 3 of the United States Medical Licensing Examination within not more than four attempts in order to be eligible for a physician’s and surgeon’s certificate. (2) Notwithstanding paragraph (1), an applicant who obtains a passing score on all parts of Step 3 of the United States Medical Licensing Examination in more than four attempts and who meets the requirements of Section 2135 or 2135.5 shall be eligible to be considered for issuance of a physician’s and surgeon’s certificate. (Amended by Stats. 2021, Ch. 612, Sec. 1. (AB 359) Effective October 7, 2021.)
  103. 2179.

    ## 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 9. Examinations [2170 - 2186] ( Article 9 added by Stats. 1980, Ch. 1313, Sec. 2. )

    Verify source ↗

    The Division of Licensing must make sure nutrition is included in the physician-and-surgeon certificate examination.

    ## 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 9. Examinations [2170 - 2186] ( Article 9 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2179. The Division of Licensing shall insure that nutrition is included on the examination for a certificate as a physician and surgeon. (Repealed and added by Stats. 1984, Ch. 889, Sec. 4.)
  104. 21800.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 11.5. Optical Disc Identification [21800 - 21807] ( Chapter 11.5 added by Stats. 1998, Ch. 712, Sec. 1. )

    Verify source ↗

    Manufacturers of optical discs for commercial purposes must permanently mark each disc with identification information.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 11.5. Optical Disc Identification [21800 - 21807] ( Chapter 11.5 added by Stats. 1998, Ch. 712, Sec. 1. ) ## 21800. (a) Every person who manufactures an optical disc for commercial purposes shall permanently mark each manufactured optical disc with an identification mark that identifies the name of the manufacturer and the state in which the optical disc was manufactured or, alternatively, a unique identifying code that will allow law enforcement personnel to determine the name of the manufacturer and the state in which the optical disc was manufactured. (b) The identification mark required by this section shall be affixed by molding, diestamping, etching, or other permanent method in a manner in which the identification mark is clearly visible without the aid of magnification or special devices to read the mark. (Amended by Stats. 2011, Ch. 421, Sec. 1. (SB 550) Effective January 1, 2012.)
  105. 21801.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 11.5. Optical Disc Identification [21800 - 21807] ( Chapter 11.5 added by Stats. 1998, Ch. 712, Sec. 1. )

    Verify source ↗

    Manufacturers of optical discs for commercial purposes must not possess or use manufacturing equipment or molds unless they are adapted to apply the required identification mark or code, and they must not make, possess, or adapt molds for false or deceptive marks.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 11.5. Optical Disc Identification [21800 - 21807] ( Chapter 11.5 added by Stats. 1998, Ch. 712, Sec. 1. ) ## 21801. (a) No person who manufactures optical discs for commercial purposes shall (1) possess, own, control, or operate manufacturing equipment or any optical disc mold unless it has been adapted to apply the appropriate identification mark or unique identifying code in accordance with this chapter, or (2) make, possess, or adapt any optical disc mold for the purpose of applying to an optical disc a forged or false identification mark or identifying code, or any mark so similar to a manufacturer’s identification mark or identifying code as to be likely to deceive. (b) Any manufacturing equipment, optical disc mold, or production part found on the premises of a commercial manufacturer shall for the purposes of this chapter be deemed to be in the possession of the manufacturer. (Repealed and added by Stats. 2011, Ch. 421, Sec. 3. (SB 550) Effective January 1, 2012.)
  106. 21802.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 11.5. Optical Disc Identification [21800 - 21807] ( Chapter 11.5 added by Stats. 1998, Ch. 712, Sec. 1. )

    Verify source ↗

    This section defines key terms used in the optical disc identification chapter.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 11.5. Optical Disc Identification [21800 - 21807] ( Chapter 11.5 added by Stats. 1998, Ch. 712, Sec. 1. ) ## 21802. For purposes of this chapter, the following terms shall have the following meanings: (a) “Commercial purposes” means the manufacture of at least 10 of the same or different optical discs in a 180-day period by storing information on the disc for the purposes of resale by that person or others. (b) “Manufacturer” means a person who replicates the physical optical disc or produces the master used in any optical disc replication process. It does not include a person who manufactures optical discs for internal use, testing, or review, or a person who manufactures blank optical discs. (c) “Manufacturing equipment” means any machine, equipment, or device, including mastering equipment, used for the manufacture of optical discs or production parts in accordance with this chapter. (d) “Mastering equipment” means any machine, equipment, or device used for the mastering of optical discs or production parts consisting of a signal processor and laser beam recorder or any other recorder, used to record data onto the glass or polymer master disc from which production parts are produced, or to record data directly onto a production part. (e) “Optical disc” means a disc capable of being read by a laser or other light source on which data is stored in digital form. It includes, but is not limited to, discs known as CDs, DVDs, or related mastering source materials. It does not include blank optical discs. (f) “Production part” means the item usually referred to as a stamper that embodies data in a digital form and is capable of being used to mold optical discs, and includes any other item, usually referred to as a master, father or mother, embodying data from which a stamper may be produced by means of an electroplating process. (g) “Professional organization” means an organization whose membership consists wholly or substantially of intellectual property rights owners, and which is mandated by those members to enforce their rights against counterfeiting and piracy. (Repealed and added by Stats. 2011, Ch. 421, Sec. 5. (SB 550) Effective January 1, 2012.)
  107. 21803.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 11.5. Optical Disc Identification [21800 - 21807] ( Chapter 11.5 added by Stats. 1998, Ch. 712, Sec. 1. )

    Verify source ↗

    Law enforcement officers may inspect commercial optical disc manufacturing facilities for compliance, and manufacturers must cooperate with the inspection.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 11.5. Optical Disc Identification [21800 - 21807] ( Chapter 11.5 added by Stats. 1998, Ch. 712, Sec. 1. ) ## 21803. (a) Law enforcement officers are authorized to perform inspections at commercial optical disc manufacturing facilities to verify compliance with the provisions of this chapter. Any inspection shall be conducted by officers whose primary responsibilities include investigation of high-technology crime or intellectual property piracy. Inspections shall take place during regular business hours and shall be limited to the areas of the premises where manufacturing equipment is located and where optical discs and production parts are manufactured and stored. The scope of the inspection shall be restricted to the physical review of items and collection of information necessary to verify compliance with the provisions of this chapter. Officers performing inspections may do so without providing prior notice or obtaining a warrant, and shall have the authority to do all of the following: (1) Take an inventory of all manufacturing equipment, including the identification mark or unique identifying code that any piece of equipment has been modified to apply. (2) Review any optical disc, manufacturing equipment, optical disc mold, or production part. (3) Review any record, book, or document maintained under Section 21807, kept in any format, electronic or otherwise, relating to the business concerned. (4) Inspect, remove, and detain for the purpose of examination for as long as reasonably necessary any optical disc, production part, or record, book, or document maintained under Section 21807. (5) Seize any optical disc or production part manufactured in violation of this chapter. (6) Obtain and remove four samples each of the optical discs molded by each mold that has been used or could be used to manufacture optical discs. (b) No person shall evade, obstruct, or refuse any inspection requested or being carried out by a law enforcement officer to determine compliance with this chapter. The manufacturer, and the employees, servants, or agents of the manufacturer, shall cooperate during the course of the inspection by promptly doing all of the following: (1) Providing and explaining any record, book, or document required to be maintained pursuant to Section 21807. (2) Pointing out and providing access to all optical discs, manufacturing equipment, optical disc molds, and production parts and demonstrating to the satisfaction of the officer that they include or have been adapted to apply the required identification mark or unique identifying code. (3) Providing and permanently surrendering four samples each of the optical discs molded by each mold that has been used or could be used to manufacture optical discs. (Repealed and added by Stats. 2011, Ch. 421, Sec. 7. (SB 550) Effective January 1, 2012.)
  108. 21804.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 11.5. Optical Disc Identification [21800 - 21807] ( Chapter 11.5 added by Stats. 1998, Ch. 712, Sec. 1. )

    Verify source ↗

    A manufacturer of optical discs who violates this chapter commits a misdemeanor and can be fined, with higher fines for repeat offenses.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 11.5. Optical Disc Identification [21800 - 21807] ( Chapter 11.5 added by Stats. 1998, Ch. 712, Sec. 1. ) ## 21804. Except as otherwise provided in this chapter, any manufacturer of optical discs who violates this chapter is guilty of a misdemeanor, and shall be subject to a fine of not less than five hundred dollars ($500) and not more than twenty-five thousand dollars ($25,000) for a first offense, and shall be subject to a fine of not less than five thousand dollars ($5,000) nor more than two hundred fifty thousand dollars ($250,000) for a second or subsequent offense. (Amended by Stats. 2011, Ch. 421, Sec. 8. (SB 550) Effective January 1, 2012.)
  109. 21805.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 11.5. Optical Disc Identification [21800 - 21807] ( Chapter 11.5 added by Stats. 1998, Ch. 712, Sec. 1. )

    Verify source ↗

    A person may not buy, sell, receive, transfer, or keep for sale or rental an optical disc if they know its required identification mark was removed or altered, or that it was made in California without the required mark or with a false mark.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 11.5. Optical Disc Identification [21800 - 21807] ( Chapter 11.5 added by Stats. 1998, Ch. 712, Sec. 1. ) ## 21805. Any person who buys, sells, receives, transfers, or possesses for purposes of sale or rental an optical disc knowing that the identification mark required by this chapter has been removed, defaced, covered, altered, or destroyed, or knowing it was manufactured in California without the required identification mark, or knowing it was manufactured in California with a false identification mark is guilty of a misdemeanor punishable by imprisonment in a county jail for a term not exceeding one year, or by a fine of not more than ten thousand dollars ($10,000), or by both the fine and imprisonment. (Amended by Stats. 2011, Ch. 421, Sec. 9. (SB 550) Effective January 1, 2012.)
  110. 21806.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 11.5. Optical Disc Identification [21800 - 21807] ( Chapter 11.5 added by Stats. 1998, Ch. 712, Sec. 1. )

    Verify source ↗

    A person who knowingly removes, defaces, covers, alters, or destroys the chapter’s identification mark 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 11.5. Optical Disc Identification [21800 - 21807] ( Chapter 11.5 added by Stats. 1998, Ch. 712, Sec. 1. ) ## 21806. Any person who knowingly removes, defaces, covers, alters, or destroys the identification mark required by this chapter is guilty of a misdemeanor punishable by imprisonment in a county jail for a term not exceeding one year, or by a fine of not more than ten thousand dollars ($10,000), or by both the fine and imprisonment. (Amended by Stats. 2011, Ch. 421, Sec. 10. (SB 550) Effective January 1, 2012.)
  111. 21807.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 11.5. Optical Disc Identification [21800 - 21807] ( Chapter 11.5 added by Stats. 1998, Ch. 712, Sec. 1. )

    Verify source ↗

    Manufacturers of optical discs for commercial purposes must keep detailed equipment records, make those records available to law enforcement, and retain specified samples and customer information for at least five years.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 11.5. Optical Disc Identification [21800 - 21807] ( Chapter 11.5 added by Stats. 1998, Ch. 712, Sec. 1. ) ## 21807. (a) Every person who manufactures optical discs for commercial purposes shall keep full and accurate records of its manufacturing equipment, and shall make them available to law enforcement for inspection pursuant to this chapter. The records shall include a current inventory of manufacturing equipment, and every purchase, lease, sale, disposal, or other transaction relating to any manufacturing equipment, specifying the make, model, and serial number of the equipment, the identification mark or unique identifying code which the equipment has been adapted to apply, the date and nature of each transaction, and the full name and address of the party with whom the transaction was entered into. (b) Every person who manufactures optical discs for commercial purposes shall keep all of the following, for a period of not less than five years from the date of production: (1) One sample of each optical disc title manufactured by it. (2) One copy in a retrievable form of the content of each production part manufactured by it. (3) The name and physical address of the customer, or if the order was placed by an intermediary, the name and physical address of the actual customer who originated the order. (Added by Stats. 2011, Ch. 421, Sec. 11. (SB 550) Effective January 1, 2012.)
  112. 2183.

    ## 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 9. Examinations [2170 - 2186] ( Article 9 added by Stats. 1980, Ch. 1313, Sec. 2. )

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    Applicants for a physician’s and surgeon’s certificate must pass the specified national medical licensure examination, and applicants on or after January 1, 2004, must also have completed geriatric medicine coursework.

    ## 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 9. Examinations [2170 - 2186] ( Article 9 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2183. An applicant for a physician’s and surgeon’s certificate shall pass the national examination for medical licensure in biomedical sciences and clinical sciences, including geriatric medicine, determined by the Division of Licensing to be essential for the unsupervised practice of medicine. An applicant who applies for a physician’s and surgeon’s certificate on or after January 1, 2004, shall have completed coursework in geriatric medicine in medical school or in postgraduate medical education training. (Amended by Stats. 2000, Ch. 440, Sec. 3. Effective January 1, 2001.)
  113. 2184.

    ## 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 9. Examinations [2170 - 2186] ( Article 9 added by Stats. 1980, Ch. 1313, Sec. 2. )

    Verify source ↗

    Applicants must get a passing score on the written exam, and USMLE passing scores stay valid for 10 years unless the board extends that period for specified reasons.

    ## 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 9. Examinations [2170 - 2186] ( Article 9 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2184. (a) Each applicant shall obtain on the written examination a passing score, established by the board pursuant to Section 2177. (b) (1) Passing scores on each step of the United States Medical Licensing Examination shall be valid for a period of 10 years from the month of the examination for purposes of qualification for licensure in California. (2) The period of validity provided for in paragraph (1) may be extended by the board for any of the following: (A) For good cause. (B) For time spent in a postgraduate training program, including, but not limited to, residency training, clinical training, fellowship training, remedial or refresher training, or other training that is intended to maintain or improve medical skills. (C) For an applicant who is a physician and surgeon in another state or a Canadian province who is currently and actively practicing medicine in that state or province. (3) Upon expiration of the 10-year period plus any extension granted by the board under paragraph (2), the applicant shall pass the Special Purpose Examination of the Federation of State Medical Boards or a clinical competency written examination determined by the board to be equivalent. (Amended by Stats. 2012, Ch. 799, Sec. 11. (SB 1575) Effective January 1, 2013.)
  114. 2186.

    ## 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 9. Examinations [2170 - 2186] ( Article 9 added by Stats. 1980, Ch. 1313, Sec. 2. )

    Verify source ↗

    An applicant who is a diplomate of the National Board of Medical Examiners does not have to take the written examination under this article if the applicant meets Section 2151 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 9. Examinations [2170 - 2186] ( Article 9 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2186. An applicant who is a diplomate of the National Board of Medical Examiners shall not be required to take the written examination prescribed by this article, provided such applicant meets the requirements of Section 2151. (Added by Stats. 1980, Ch. 1313, Sec. 2.)
  115. 2190.

    ## 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 10. Continuing Medical Education [2190 - 2196.9] ( Article 10 added by Stats. 1980, Ch. 1313, Sec. 2. )

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    The board must set and run continuing education standards for licensed physicians and surgeons, and each physician and surgeon must show compliance every four to six years.

    ## 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 10. Continuing Medical Education [2190 - 2196.9] ( Article 10 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2190. In order to ensure the continuing competence of licensed physicians and surgeons, the board shall adopt and administer standards for the continuing education of those licensees. The board may also set content standards for any educational activity concerning a chronic disease that includes appropriate information on prevention of the chronic disease, and on treatment of patients with the chronic disease, by the application of changes in nutrition and lifestyle behavior. The board shall require each licensed physician and surgeon to demonstrate satisfaction of the continuing education requirements at intervals of not less than four nor more than six years. (Amended by Stats. 2011, Ch. 236, Sec. 2. (SB 380) Effective January 1, 2012.)
  116. 2190.1.

    ## 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 10. Continuing Medical Education [2190 - 2196.9] ( Article 10 added by Stats. 1980, Ch. 1313, Sec. 2. )

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    Continuing medical education courses must include required curriculum on cultural and linguistic competency and implicit bias, with some exemptions, and accrediting associations must develop standards by specified dates.

    ## 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 10. Continuing Medical Education [2190 - 2196.9] ( Article 10 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2190.1. (a) The continuing medical education standards of Section 2190 may be met by educational activities that meet the standards of the board and that serve to maintain, develop, or increase the knowledge, skills, and professional performance that a physician and surgeon uses to provide care, or to improve the quality of care provided to patients. These may include, but are not limited to, educational activities that meet any of the following criteria: (1) Have a scientific or clinical content with a direct bearing on the quality or cost-effective provision of patient care, community or public health, or preventive medicine. (2) Concern quality assurance or improvement, risk management, health facility standards, or the legal aspects of clinical medicine. (3) Concern bioethics or professional ethics. (4) Are designed to improve the physician-patient relationship and quality of physician-patient communication. (b) (1) On and after July 1, 2006, all continuing medical education courses shall contain curriculum that includes cultural and linguistic competency in the practice of medicine. (2) Notwithstanding the provisions of paragraph (1), a continuing medical education course dedicated solely to research or other issues that does not include a direct patient care component or a course offered by a continuing medical education provider that is not located in this state is not required to contain curriculum that includes cultural and linguistic competency in the practice of medicine. (3) Associations that accredit continuing medical education courses shall develop standards before July 1, 2006, for compliance with the requirements of paragraph (1). The associations may update these standards, as needed, in accordance with the following requirements: (A) The standards shall be updated in conjunction with an advisory group that has expertise in cultural and linguistic competency issues and is informed of federal and state statutory threshold language requirements, with prioritization of languages in proportion to the state population’s most prevalent primary languages spoken by 10 percent or more of the state population. (B) The standards shall be updated to ensure program standards meet the needs of California’s changing demographics and properly address language disparities, as they emerge. (4) A physician and surgeon who completes a continuing education course meeting the standards developed pursuant to paragraph (3) satisfies the continuing education requirement for cultural and linguistic competency. (c) In order to satisfy the requirements of subdivision (b), continuing medical education courses shall address at least one or a combination of the following: (1) Cultural competency. For the purposes of this section, “cultural competency” means a set of integrated attitudes, knowledge, and skills that enables a health care professional or organization to care effectively for patients from diverse cultures, groups, and communities. At a minimum, cultural competency is recommended to include the following: (A) Applying linguistic skills to communicate effectively with the target population. (B) Utilizing cultural information to establish therapeutic relationships. (C) Eliciting and incorporating pertinent cultural data in diagnosis and treatment. (D) (i) Understanding and applying culturally, ethnically, and sociologically inclusive data to the process of clinical care, including, as appropriate, information and evidence-based cultural competency training pertinent to the treatment of, and provision of care to, individuals who identify as lesbian, gay, bisexual, transgender, queer or questioning, asexual, intersex, or gender diverse. This includes processes specific to those seeking gender-affirming care services. (ii) An evidence-based cultural competency training implemented pursuant to clause (i) may include all of the following: (I) Information about the effects, including, but not limited to, ongoing personal effects of historical and contemporary exclusion and oppression of transgender, gender diverse, or intersex (TGI) communities. (II) Information about communicating more effectively across gender identities, including TGI-inclusive terminology, using people’s correct names and pronouns, even when they are not reflected in records or legal documents, avoiding language, whether verbal or nonverbal, that demeans, ridicules, or condemns TGI individuals, and avoiding making assumptions about gender identity by using gender-neutral language and avoiding language that presumes all individuals are heterosexual, cisgender, or gender conforming, or nonintersex. (III) Discussion on health inequities within the TGI community, including family and community acceptance. (IV) Perspectives of diverse, local constituency groups and TGI-serving organizations, including, but not limited to, the California Transgender Advisory Council. (V) Recognition of the difference between personal values and professional responsibilities with regard to serving TGI people. (VI) Recommendations on administrative changes to make health care facilities more inclusive. (2) Linguistic competency. For the purposes of this section, “linguistic competency” means the ability of a physician and surgeon to provide patients who do not speak English or who have limited ability to speak English, direct communication in the patient’s primary language. (3) A review and explanation of relevant federal and state laws and regulations regarding linguistic access, including, but not limited to, the federal Civil Rights Act of 1964 (42 U.S.C. Sec. 1981 et seq.), Executive Order 13166 of August 11, 2000, of the President of the United States, and the Dymally-Alatorre Bilingual Services Act (Chapter 17.5 (commencing with Section 7290) of Division 7 of Title 1 of the Government Code). (d) (1) On and after January 1, 2022, all continuing medical education courses shall contain curriculum that includes the understanding of implicit bias. (2) Notwithstanding the provisions of paragraph (1), a continuing medical education course dedicated solely to research or other issues that does not include a direct patient care component or a course offered by a continuing medical education provider that is not located in this state is not required to contain curriculum that includes implicit bias in the practice of medicine. (3) Associations that accredit continuing medical education courses shall develop standards before January 1, 2022, for compliance with the requirements of paragraph (1). The associations may update these standards, as needed, in conjunction with an advisory group established by the association that has expertise in the understanding of implicit bias. (e) In order to satisfy the requirements of subdivision (d), continuing medical education courses shall address at least one or a combination of the following: (1) Examples of how implicit bias affects perceptions and treatment decisions of physicians and surgeons, leading to disparities in health outcomes. (2) Strategies to address how unintended biases in decisionmaking may contribute to health care disparities by shaping behavior and producing differences in medical treatment along lines of race, ethnicity, gender identity, sexual orientation, age, socioeconomic status, or other characteristics. (f) Notwithstanding subdivision (a), educational activities that are not directed toward the practice of medicine, or are directed primarily toward the business aspects of medical practice, including, but not limited to, medical office management, billing and coding, and marketing shall not be deemed to meet the continuing medical education standards for licensed physicians and surgeons. (g) Educational activities that meet the content standards set forth in this section and are accredited by the California Medical Association or the Accreditation Council for Continuing Medical Education may be deemed by the Division of Licensing to meet its continuing medical education standards. (h) For the purposes of this section, the following definitions apply: (1) “TGI” means transgender, gender diverse, or intersex. (2) “TGI-serving organization” has the same meaning as set forth in paragraph (2) of subdivision (f) of Section 150900 of the Health and Safety Code. (Amended by Stats. 2023, Ch. 330, Sec. 1. (AB 470) Effective January 1, 2024.)
  117. 2190.15.

    ## 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 10. Continuing Medical Education [2190 - 2196.9] ( Article 10 added by Stats. 1980, Ch. 1313, Sec. 2. )

    Verify source ↗

    A physician and surgeon may satisfy the Section 2190 continuing medical education standard through qualifying courses, but those courses may not make up more than 30% of the total CME hours used to meet the board’s continuing education requirement.

    ## 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 10. Continuing Medical Education [2190 - 2196.9] ( Article 10 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2190.15. Notwithstanding Section 2190.1, a physician and surgeon may meet the continuing medical education standards in Section 2190 through continuing medical education courses that meet any of the criteria below, except that these courses shall not together comprise more than 30 percent of the total hours of continuing medical education completed by a licensee to satisfy the continuing educational requirement established by the board: (a) Have practice management content designed to provide better service to patients, including, but not limited to, the use of technology or clinical office workflow. (b) Have management content designed to support managing a health care facility, including, but not limited to, coding or reimbursement in a medical practice. (c) Support educational methodology for physicians and surgeons teaching in a medical school. (Added by Stats. 2021, Ch. 612, Sec. 2. (AB 359) Effective October 7, 2021.)
  118. 2190.2.

    ## 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 10. Continuing Medical Education [2190 - 2196.9] ( Article 10 added by Stats. 1980, Ch. 1313, Sec. 2. )

    Verify source ↗

    The Division of Licensing must establish criteria for continuing medical education providers to follow, so that licensees attend the entire course.

    ## 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 10. Continuing Medical Education [2190 - 2196.9] ( Article 10 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2190.2. The Division of Licensing shall establish criteria that providers of continuing medical education shall follow to ensure attendance by licensees throughout the entire course. (Added by Stats. 2000, Ch. 440, Sec. 4. Effective January 1, 2001.)
  119. 2190.3.

    ## 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 10. Continuing Medical Education [2190 - 2196.9] ( Article 10 added by Stats. 1980, Ch. 1313, Sec. 2. )

    Verify source ↗

    General internists and family physicians whose patient population is more than 25% age 65 or older must devote at least 20% of mandatory continuing education hours to geriatrics, dementia care, or care of older patients.

    ## 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 10. Continuing Medical Education [2190 - 2196.9] ( Article 10 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2190.3. All general internists and family physicians who have a patient population of which over 25 percent are 65 years of age or older shall complete at least 20 percent of all mandatory continuing education hours in a course in the field of geriatric medicine, the special care needs of patients with dementia, or the care of older patients. (Amended by Stats. 2024, Ch. 336, Sec. 1. (SB 639) Effective January 1, 2025.)
  120. 2190.4.

    ## 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 10. Continuing Medical Education [2190 - 2196.9] ( Article 10 added by Stats. 1980, Ch. 1313, Sec. 2. )

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    A qualifying physician and surgeon who completes specified continuing medical education courses gets two hours of credit for each hour completed, up to eight course hours, starting July 1, 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 10. Continuing Medical Education [2190 - 2196.9] ( Article 10 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2190.4. (a) Beginning July 1, 2027, a qualifying physician and surgeon who completes continuing medical education courses in perimenopause, menopause, and postmenopausal care shall receive two hours of credit for each hour completed of that coursework, for a total earned credit that does not exceed eight course hours, toward the requirement set forth in Section 1336 of Title 16 of the California Code of Regulations. (b) For purposes of this section, “qualifying physician and surgeon” means a holder of a physician’s and surgeon’s certificate from the board who is certified by a member board of the American Board of Medical Specialties in internal medicine, family medicine, obstetrics and gynecology, neurology, neurological surgery, or psychiatry and whose patient population includes adult women under 65 years of age. (Added by Stats. 2026, Ch. 27, Sec. 1. (SB 164) Effective June 29, 2026.)
  121. 2190.5.

    ## 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 10. Continuing Medical Education [2190 - 2196.9] ( Article 10 added by Stats. 1980, Ch. 1313, Sec. 2. )

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    Physicians and surgeons must complete a required continuing education course on pain management and care for terminally ill and dying patients, with extra addiction content for physicians licensed on or after January 1, 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 10. Continuing Medical Education [2190 - 2196.9] ( Article 10 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2190.5. (a) (1) All physicians and surgeons shall complete a mandatory continuing education course in the subjects of pain management and the treatment of terminally ill and dying patients. For the purposes of this section, this course shall be a one-time requirement of 12 credit hours within the required minimum established by regulation, to be completed by December 31, 2006. All physicians and surgeons licensed on and after January 1, 2002, shall complete this requirement within four years of their initial license or by their second renewal date, whichever occurs first. The board may verify completion of this requirement on the renewal application form. (2) For physicians and surgeons licensed on or after January 1, 2019, the course described in paragraph (1) shall also include the subject of the risks of addiction associated with the use of Schedule II drugs. (b) By regulatory action, the board may exempt physicians and surgeons by practice status category from the requirement in subdivision (a) if the physician and surgeon does not engage in direct patient care, does not provide patient consultations, or does not reside in the State of California. (c) This section shall not apply to physicians and surgeons practicing in pathology or radiology specialty areas. (Amended by Stats. 2018, Ch. 693, Sec. 3. (SB 1109) Effective January 1, 2019.)
  122. 2190.6.

    ## 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 10. Continuing Medical Education [2190 - 2196.9] ( Article 10 added by Stats. 1980, Ch. 1313, Sec. 2. )

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    A physician and surgeon may take a one-time 12-credit continuing education course on treating opiate-dependent patients instead of Section 2190.5, and if using this option must finish by the next license renewal date.

    ## 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 10. Continuing Medical Education [2190 - 2196.9] ( Article 10 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2190.6. (a) As an alternative to Section 2190.5, a physician and surgeon may complete a one-time continuing education course of 12 credit hours in the subject of treatment and management of opiate-dependent patients, including eight hours of training in buprenorphine treatment, or other similar medicinal treatment, for opioid use disorders. (b) A physician and surgeon who meets the requirements, as determined by the board, of a “qualifying physician” under clause (ii) of subparagraph (G) of paragraph (2) of subsection (g) of Section 823 of Title 21 of the United States Code, the Comprehensive Addiction Recovery Act of 2016 (Public Law 114-198), as that clause read on January 1, 2018, shall be deemed to have met the requirements of subdivision (a). (c) A physician and surgeon who chooses to comply with this section as an alternative to Section 2190.5 shall complete the requirements of this section by the physician and surgeon’s next license renewal date. (d) The board shall determine whether a physician and surgeon has met the requirements of this section. (Amended by Stats. 2019, Ch. 497, Sec. 4. (AB 991) Effective January 1, 2020.)
  123. 2191.

    ## 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 10. Continuing Medical Education [2190 - 2196.9] ( Article 10 added by Stats. 1980, Ch. 1313, Sec. 2. )

    Verify source ↗

    The board must consider adding several continuing medical education courses, and it must encourage physicians and surgeons to take nutrition; if a spousal or partner abuse course is required, licensees must complete it within four years.

    ## 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 10. Continuing Medical Education [2190 - 2196.9] ( Article 10 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2191. (a) In determining its continuing education requirements, the board shall consider including a course in human sexuality, defined as the study of a human being as a sexual being and how they function with respect thereto, and nutrition to be taken by those licensees whose practices may require knowledge in those areas. (b) The board shall consider including a course in child abuse detection and treatment to be taken by those licensees whose practices are of a nature that there is a likelihood of contact with abused or neglected children. (c) The board shall consider including a course in acupuncture to be taken by those licensees whose practices may require knowledge in the area of acupuncture and whose education has not included instruction in acupuncture. (d) The board shall encourage every physician and surgeon to take nutrition as part of their continuing education, particularly a physician and surgeon involved in primary care. (e) The board shall consider including a course in elder abuse detection and treatment to be taken by those licensees whose practices are of a nature that there is a likelihood of contact with abused or neglected persons 65 years of age and older. (f) In determining its continuing education requirements, the board shall consider including a course in the early detection and treatment of substance abusing pregnant women to be taken by those licensees whose practices are of a nature that there is a likelihood of contact with these women. (g) In determining its continuing education requirements, the board shall consider including a course in the special care needs of drug-addicted infants to be taken by those licensees whose practices are of a nature that there is a likelihood of contact with these infants. (h) In determining its continuing education requirements, the board shall consider including a course providing training and guidelines on how to routinely screen for signs exhibited by abused women, particularly for physicians and surgeons in emergency, surgical, primary care, pediatric, prenatal, and mental health settings. In the event the board establishes a requirement for continuing education coursework in spousal or partner abuse detection or treatment, that requirement shall be met by each licensee within no more than four years from the date the requirement is imposed. (i) In determining its continuing education requirements, the board shall consider including a course in the special care needs of individuals and their families facing end-of-life issues, including, but not limited to, all of the following: (1) Pain and symptom management. (2) The psychosocial dynamics of death. (3) Dying and bereavement. (4) Hospice care. (j) In determining its continuing education requirements, the board shall give its highest priority to considering a course on pain management and the risks of addiction associated with the use of Schedule II drugs. (k) In determining its continuing education requirements, the board shall consider including a course in geriatric care for emergency room physicians and surgeons. (Amended by Stats. 2026, Ch. 27, Sec. 2. (SB 164) Effective June 29, 2026.)
  124. 2191.1.

    ## 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 10. Continuing Medical Education [2190 - 2196.9] ( Article 10 added by Stats. 1980, Ch. 1313, Sec. 2. )

    Verify source ↗

    The Division of Licensing must encourage physicians and surgeons to take pharmacology and pharmaceuticals as part of continuing education.

    ## 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 10. Continuing Medical Education [2190 - 2196.9] ( Article 10 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2191.1. The Division of Licensing shall encourage every physician and surgeon to take a course in pharmacology and pharmaceuticals as part of his or her continuing education. (Added by Stats. 1988, Ch. 1600, Sec. 2.)
  125. 2191.2.

    ## 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 10. Continuing Medical Education [2190 - 2196.9] ( Article 10 added by Stats. 1980, Ch. 1313, Sec. 2. )

    Verify source ↗

    The division should encourage physicians and surgeons to take a course in geriatric medicine, including geriatric pharmacology, as part of continuing education.

    ## 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 10. Continuing Medical Education [2190 - 2196.9] ( Article 10 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2191.2. The division shall encourage every physician and surgeon to take a course in geriatric medicine, including geriatric pharmacology, as part of his or her continuing education. (Amended by Stats. 2000, Ch. 440, Sec. 6. Effective January 1, 2001.)
  126. 2191.4.

    ## 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 10. Continuing Medical Education [2190 - 2196.9] ( Article 10 added by Stats. 1980, Ch. 1313, Sec. 2. )

    Verify source ↗

    The board must consider including a continuing education course on PrEP and PEP medication maintenance and counseling in primary care settings.

    ## 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 10. Continuing Medical Education [2190 - 2196.9] ( Article 10 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2191.4. The board, in determining its continuing education requirements, shall consider including a course in integrating HIV/AIDS pre-exposure prophylaxis (PrEP) and post-exposure prophylaxis (PEP) medication maintenance and counseling in primary care settings, especially as it pertains to HIV testing, access to care, counseling, high-risk communities, patient concerns, exposure to HIV/AIDS, and the appropriate care and treatment referrals. That course shall be consistent with the most recent guidelines on PrEP and PEP as published by the United States Public Health Service and the Centers for Disease Control and Prevention. (Added by Stats. 2018, Ch. 122, Sec. 1. (AB 1791) Effective January 1, 2019.)
  127. 2191.5.

    ## 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 10. Continuing Medical Education [2190 - 2196.9] ( Article 10 added by Stats. 1980, Ch. 1313, Sec. 2. )

    Verify source ↗

    The board must consider including a course on integrating mental and physical health care in primary care settings when setting continuing education 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 10. Continuing Medical Education [2190 - 2196.9] ( Article 10 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2191.5. In determining its continuing education requirements, the board shall consider including a course in integrating mental and physical health care in primary care settings, especially as it pertains to early identification of mental health issues and exposure to trauma in children and young adults and their appropriate care and treatment. (Added by Stats. 2017, Ch. 759, Sec. 1. (AB 1340) Effective January 1, 2018.)
  128. 2191.6.

    ## 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 10. Continuing Medical Education [2190 - 2196.9] ( Article 10 added by Stats. 1980, Ch. 1313, Sec. 2. )

    Verify source ↗

    The board must consider including a course on infection-associated chronic conditions when setting continuing education 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 10. Continuing Medical Education [2190 - 2196.9] ( Article 10 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2191.6. In determining its continuing education requirements, the board shall consider including a course in infection-associated chronic conditions, including, but not limited to, long COVID, as defined by the United States Department of Health and Human Services, myalgic encephalomyelitis, and dysautonomia. (Added by Stats. 2024, Ch. 433, Sec. 1. (AB 3119) Effective January 1, 2025.)
  129. 2196.

    ## 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 10. Continuing Medical Education [2190 - 2196.9] ( Article 10 added by Stats. 1980, Ch. 1313, Sec. 2. )

    Verify source ↗

    The board must periodically provide child abuse and neglect detection/treatment materials to licensed physicians, surgeons, and general acute care hospitals, and it must consult the Office of Child Abuse Prevention when developing those materials.

    ## 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 10. Continuing Medical Education [2190 - 2196.9] ( Article 10 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2196. The board shall periodically develop and disseminate information and educational material regarding the detection and treatment of child abuse and neglect to each licensed physician and surgeon and to each general acute care hospital in the state. The board shall consult with the Office of Child Abuse Prevention in developing the materials distributed pursuant to this section. (Added by Stats. 1980, Ch. 1313, Sec. 2.)
  130. 2196.1.

    ## 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 10. Continuing Medical Education [2190 - 2196.9] ( Article 10 added by Stats. 1980, Ch. 1313, Sec. 2. )

    Verify source ↗

    The board must periodically develop and distribute educational material about detecting and treating elder abuse and neglect to licensed physicians, surgeons, and general acute care hospitals in the 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 10. Continuing Medical Education [2190 - 2196.9] ( Article 10 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2196.1. The board shall periodically develop and disseminate information and educational material regarding the detection and treatment of elder abuse and neglect to each licensed physician and surgeon and to each general acute care hospital in this state. The board shall consult with the Adult Protective Services Division of the State Department of Social Services in developing the materials distributed pursuant to this section. (Added by Stats. 1986, Ch. 267, Sec. 2.)
  131. 2196.2.

    ## 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 10. Continuing Medical Education [2190 - 2196.9] ( Article 10 added by Stats. 1980, Ch. 1313, Sec. 2. )

    Verify source ↗

    The board must periodically develop and distribute pain-management education materials, including addiction risks from Schedule II drugs, to licensed physicians and surgeons and general acute care hospitals.

    ## 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 10. Continuing Medical Education [2190 - 2196.9] ( Article 10 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2196.2. The board shall periodically develop and disseminate information and educational material regarding pain management techniques and procedures, including the risks of addiction associated with the use of Schedule II drugs, to each licensed physician and surgeon and to each general acute care hospital in this state. The board shall consult with the State Department of Public Health in developing the materials to be distributed pursuant to this section. (Amended by Stats. 2018, Ch. 693, Sec. 5. (SB 1109) Effective January 1, 2019.)
  132. 2196.5.

    ## 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 10. Continuing Medical Education [2190 - 2196.9] ( Article 10 added by Stats. 1980, Ch. 1313, Sec. 2. )

    Verify source ↗

    The board must periodically send information and educational material about detecting and treating spousal or partner abuse to licensed physicians and surgeons and to general acute care hospitals in the 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 10. Continuing Medical Education [2190 - 2196.9] ( Article 10 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2196.5. The board shall periodically disseminate information and educational material regarding the detection and treatment of spousal or partner abuse to each licensed physician and surgeon and to each general acute care hospital in the state. (Added by Stats. 1993, Ch. 1234, Sec. 4. Effective January 1, 1994.)
  133. 2196.6.

    ## 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 10. Continuing Medical Education [2190 - 2196.9] ( Article 10 added by Stats. 1980, Ch. 1313, Sec. 2. )

    Verify source ↗

    The board must periodically send information and educational material about preventing and treating chronic disease through nutrition and lifestyle changes to licensed physicians and surgeons and to general acute care hospitals in the 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 10. Continuing Medical Education [2190 - 2196.9] ( Article 10 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2196.6. The board shall periodically disseminate information and educational material regarding the prevention and treatment of chronic disease by the application of changes in nutrition and lifestyle behavior to each licensed physician and surgeon and to each general acute care hospital in the state. (Added by Stats. 2011, Ch. 236, Sec. 3. (SB 380) Effective January 1, 2012.)
  134. 2196.7.

    ## 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 10. Continuing Medical Education [2190 - 2196.9] ( Article 10 added by Stats. 1980, Ch. 1313, Sec. 2. )

    Verify source ↗

    The board must convene a working group of interested parties to discuss nutrition and lifestyle behavior for preventing and treating chronic disease.

    ## 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 10. Continuing Medical Education [2190 - 2196.9] ( Article 10 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2196.7. The board shall convene a working group of interested parties to discuss nutrition and lifestyle behavior for the prevention and treatment of chronic disease at one of its quarterly meetings within three years after the operative date of this section. (Added by Stats. 2011, Ch. 236, Sec. 4. (SB 380) Effective January 1, 2012.)
  135. 2196.8.

    ## 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 10. Continuing Medical Education [2190 - 2196.9] ( Article 10 added by Stats. 1980, Ch. 1313, Sec. 2. )

    Verify source ↗

    The board must periodically develop and distribute educational materials about assessing patient risk of abusing or diverting controlled substances and about CURES.

    ## 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 10. Continuing Medical Education [2190 - 2196.9] ( Article 10 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2196.8. The board shall periodically develop and disseminate information and educational material regarding assessing a patient’s risk of abusing or diverting controlled substances and information relating to the Controlled Substance Utilization Review and Evaluation System (CURES), described in Section 11165 of the Health and Safety Code, to each licensed physician and surgeon and to each general acute care hospital in this state. The board shall consult with the State Department of Public Health, the boards and committees specified in subdivision (d) of Section 208, and the Department of Justice in developing the materials to be distributed pursuant to this section. (Added by Stats. 2013, Ch. 400, Sec. 4. (SB 809) Effective January 1, 2014.)
  136. 2196.9.

    ## 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 10. Continuing Medical Education [2190 - 2196.9] ( Article 10 added by Stats. 1980, Ch. 1313, Sec. 2. )

    Verify source ↗

    The board must consider including a maternal mental health course when setting continuing education requirements for physicians and surgeons, and it must periodically update any curriculum developed 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 10. Continuing Medical Education [2190 - 2196.9] ( Article 10 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2196.9. (a) In determining its continuing education requirements for physicians and surgeons, the board shall consider including a course in maternal mental health, which shall address the following: (1) Best practices in screening for maternal mental health disorders, including cultural competency and unintended bias as a means to build trust with mothers. (2) The range of maternal mental health disorders. (3) The range of evidence-based treatment options, including the importance of allowing a mother to be involved in developing the treatment plan. (4) When an obstetrician or a primary care doctor should consult with a psychiatrist versus making a referral. (5) Applicable requirements under Sections 123640 and 123616.5 of the Health and Safety Code. (b) Subject to Section 2001.1, the board shall periodically update any curriculum developed pursuant to this section to account for new research. (Added by Stats. 2019, Ch. 220, Sec. 1. (AB 845) Effective January 1, 2020.)
  137. 2198.

    ## 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 10.5. Cultural and Linguistic Competency of Physicians Act of 2003 [2198 - 2198.1] ( Article 10.5 added by Stats. 2003, Ch. 510, Sec. 3. )

    Verify source ↗

    This section establishes a voluntary cultural and linguistic competency program for physicians, to be operated by local medical societies and monitored by the Division of Licensing.

    ## 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 10.5. Cultural and Linguistic Competency of Physicians Act of 2003 [2198 - 2198.1] ( Article 10.5 added by Stats. 2003, Ch. 510, Sec. 3. ) ## 2198. (a) This article shall be known and may be cited as the Cultural and Linguistic Competency of Physicians Act of 2003. The cultural and linguistic physician competency program is hereby established and shall be operated by local medical societies of the California Medical Association and shall be monitored by the Division of Licensing. (b) This program shall be a voluntary program for all interested physicians. As a primary objective, the program shall consist of educational classes which shall be designed to teach physicians the following: (1) A foreign language at the level of proficiency that initially improves their ability to communicate with non-English speaking patients. (2) A foreign language at the level of proficiency that eventually enables direct communication with the non-English speaking patients. (3) Cultural beliefs and practices that may impact patient health care practices and allow physicians to incorporate this knowledge in the diagnosis and treatment of patients who are not from the predominate culture in California. (c) The program shall operate through local medical societies and shall be developed to address the ethnic language minority groups of interest to local medical societies. (d) In dealing with Spanish language and cultural practices of Mexican immigrant communities, the cultural and linguistic training program shall be developed with direct input from physician groups in Mexico who serve the same immigrant population in Mexico. A similar approach may be used for any of the languages and cultures that are taught by the program or appropriate ethnic medical societies may be consulted for the development of these programs. (e) Training programs shall be based and developed on the established knowledge of providers already serving target populations and shall be formulated in collaboration with the California Medical Association, the Division of Licensing, and other California-based ethnic medical societies. (f) Programs shall include standards that identify the degree of competency for participants who successfully complete independent parts of the course of instruction. (g) Programs shall seek accreditation by the Accreditation Council for Continuing Medical Education. (h) The Division of Licensing shall convene a workgroup including, but not limited to, representatives of affected patient populations, medical societies engaged in program delivery, and community clinics to perform the following functions: (1) Evaluation of the progress made in the achievement of the intent of this article. (2) Determination of the means by which achievement of the intent of this article can be enhanced. (3) Evaluation of the reasonableness and the consistency of the standards developed by those entities delivering the program. (4) Determination and recommendation of the credit to be given to participants who successfully complete the identified programs. Factors to be considered in this determination shall include, at a minimum, compliance with requirements for continuing medical education and eligibility for increased rates of reimbursement under Medi-Cal, the Healthy Families Program, and health maintenance organization contracts. (i) Funding shall be provided by fees charged to physicians who elect to take these educational classes and any other funds that local medical societies may secure for this purpose. (j) A survey for language minority patients shall be developed and distributed by local medical societies, to measure the degree of satisfaction with physicians who have taken the educational classes on cultural and linguistic competency provided under this section. Local medical societies shall also develop an evaluation survey for physicians to assess the quality of educational or training programs on cultural and linguistic competency. This information shall be shared with the workgroup established by the Division of Licensing. (Added by Stats. 2003, Ch. 510, Sec. 3. Effective January 1, 2004.)
  138. 2198.1.

    ## 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 10.5. Cultural and Linguistic Competency of Physicians Act of 2003 [2198 - 2198.1] ( Article 10.5 added by Stats. 2003, Ch. 510, Sec. 3. )

    Verify source ↗

    This section defines “cultural and linguistic competency” for this article.

    ## 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 10.5. Cultural and Linguistic Competency of Physicians Act of 2003 [2198 - 2198.1] ( Article 10.5 added by Stats. 2003, Ch. 510, Sec. 3. ) ## 2198.1. For purposes of this article, “cultural and linguistic competency” means cultural and linguistic abilities that can be incorporated into therapeutic and medical evaluation and treatment, including, but not limited to, the following: (a) Direct communication in the patient-client primary language. (b) Understanding and applying the roles that culture, ethnicity, and race play in diagnosis, treatment, and clinical care. (c) Awareness of how the health care providers and patients attitudes, values, and beliefs influence and impact professional and patient relations. (Added by Stats. 2003, Ch. 510, Sec. 3. Effective January 1, 2004.)
  139. 22.

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

    Verify source ↗

    This section defines “board” for the code as the board administering the provision, and usually also includes related bodies like bureaus, commissions, committees, departments, divisions, examining committees, programs, and agencies unless stated otherwise.

    ## Business and Professions Code - BPC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1937, Ch. 399. ) ## 22. “Board,” as used in any provision of this code, refers to the board in which the administration of the provision is vested, and unless otherwise expressly provided, shall include “bureau,” “commission,” “committee,” “department,” “division,” “examining committee,” “program,” and “agency.” (Amended by Stats. 2010, Ch. 670, Sec. 1. (AB 2130) Effective January 1, 2011.)
  140. 22100.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 12. Precious Metal Marking [22100 - 22181] ( Chapter 12 added by Stats. 1941, Ch. 316. ) ## ARTICLE 1. General Provisions [22100 - 22104] ( Article 1 added by Stats. 1941, Ch. 316. )

    Verify source ↗

    The general provisions in this article govern how this chapter is interpreted, unless the context requires otherwise.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 12. Precious Metal Marking [22100 - 22181] ( Chapter 12 added by Stats. 1941, Ch. 316. ) ## ARTICLE 1. General Provisions [22100 - 22104] ( Article 1 added by Stats. 1941, Ch. 316. ) ## 22100. Unless the context otherwise requires, the general provisions set forth in this article govern the construction of this chapter. (Added by Stats. 1941, Ch. 316.)
  141. 22101.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 12. Precious Metal Marking [22100 - 22181] ( Chapter 12 added by Stats. 1941, Ch. 316. ) ## ARTICLE 1. General Provisions [22100 - 22104] ( Article 1 added by Stats. 1941, Ch. 316. )

    Verify source ↗

    This section defines “article” to include any article of merchandise and all of its portions, whether separable or distinct parts.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 12. Precious Metal Marking [22100 - 22181] ( Chapter 12 added by Stats. 1941, Ch. 316. ) ## ARTICLE 1. General Provisions [22100 - 22104] ( Article 1 added by Stats. 1941, Ch. 316. ) ## 22101. “Article” means any article of merchandise, and includes each and every portion of any such article whether or not such portion is separable or is a distinct part thereof. (Added by Stats. 1941, Ch. 316.)
  142. 22102.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 12. Precious Metal Marking [22100 - 22181] ( Chapter 12 added by Stats. 1941, Ch. 316. ) ## ARTICLE 1. General Provisions [22100 - 22104] ( Article 1 added by Stats. 1941, Ch. 316. )

    Verify source ↗

    This section defines “mark” 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 12. Precious Metal Marking [22100 - 22181] ( Chapter 12 added by Stats. 1941, Ch. 316. ) ## ARTICLE 1. General Provisions [22100 - 22104] ( Article 1 added by Stats. 1941, Ch. 316. ) ## 22102. “Mark” means any mark, sign, device, imprint, stamp or brand applied to any article or to any tag, card, paper, label, box, carton, container, holder, package cover or wrapping attached to, used in conjunction with or to inclose any article, or to any bill, bill of sale, invoice, statement, letter, circular, advertisement, notice, memorandum or other writing or printing concerning any article. (Added by Stats. 1941, Ch. 316.)
  143. 22103.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 12. Precious Metal Marking [22100 - 22181] ( Chapter 12 added by Stats. 1941, Ch. 316. ) ## ARTICLE 1. General Provisions [22100 - 22104] ( Article 1 added by Stats. 1941, Ch. 316. )

    Verify source ↗

    “Apply,” “applies,” or “applied” means imprinting, embossing, or engraving on the article itself, and not otherwise.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 12. Precious Metal Marking [22100 - 22181] ( Chapter 12 added by Stats. 1941, Ch. 316. ) ## ARTICLE 1. General Provisions [22100 - 22104] ( Article 1 added by Stats. 1941, Ch. 316. ) ## 22103. “Apply,” “applies” or “applied” mean imprint, emboss or engrave on the article itself and not otherwise. (Amended by Stats. 1943, Ch. 919.)
  144. 22104.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 12. Precious Metal Marking [22100 - 22181] ( Chapter 12 added by Stats. 1941, Ch. 316. ) ## ARTICLE 1. General Provisions [22100 - 22104] ( Article 1 added by Stats. 1941, Ch. 316. )

    Verify source ↗

    This section defines “person” to include a firm, partnership, association, limited liability company, and corporation.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 12. Precious Metal Marking [22100 - 22181] ( Chapter 12 added by Stats. 1941, Ch. 316. ) ## ARTICLE 1. General Provisions [22100 - 22104] ( Article 1 added by Stats. 1941, Ch. 316. ) ## 22104. “Person” includes a firm, partnership, association, limited liability company, and corporation. (Amended by Stats. 1994, Ch. 1010, Sec. 27. Effective January 1, 1995.)
  145. 22120.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 12. Precious Metal Marking [22100 - 22181] ( Chapter 12 added by Stats. 1941, Ch. 316. ) ## ARTICLE 2. The Platinum Group [22120 - 22132] ( Article 2 added by Stats. 1941, Ch. 316. )

    Verify source ↗

    This article applies only to platinum, iridium, palladium, ruthenium, rhodium, osmium, and each metal’s alloys.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 12. Precious Metal Marking [22100 - 22181] ( Chapter 12 added by Stats. 1941, Ch. 316. ) ## ARTICLE 2. The Platinum Group [22120 - 22132] ( Article 2 added by Stats. 1941, Ch. 316. ) ## 22120. The provisions of this article shall apply exclusively to the following metals and to the alloys of each: (a) Platinum (b) Iridium (c) Palladium (d) Ruthenium (e) Rhodium (f) Osmium. (Added by Stats. 1941, Ch. 316.)
  146. 22121.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 12. Precious Metal Marking [22100 - 22181] ( Chapter 12 added by Stats. 1941, Ch. 316. ) ## ARTICLE 2. The Platinum Group [22120 - 22132] ( Article 2 added by Stats. 1941, Ch. 316. )

    Verify source ↗

    A “quality mark” is any mark that describes or indicates the presence, quality, percentage, purity, or parts of specified platinum-group metals in an article.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 12. Precious Metal Marking [22100 - 22181] ( Chapter 12 added by Stats. 1941, Ch. 316. ) ## ARTICLE 2. The Platinum Group [22120 - 22132] ( Article 2 added by Stats. 1941, Ch. 316. ) ## 22121. “Quality mark” is any mark describing, identifying or referring to or appearing or seeming or purporting to indicate, describe, identify or refer to the partial or total presence or existence of, or the quality of, or the percentage of, or the purity of, or the number of parts of platinum, iridium, palladium, ruthenium, rhodium or osmium in any article. (Added by Stats. 1941, Ch. 316.)
  147. 22122.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 12. Precious Metal Marking [22100 - 22181] ( Chapter 12 added by Stats. 1941, Ch. 316. ) ## ARTICLE 2. The Platinum Group [22120 - 22132] ( Article 2 added by Stats. 1941, Ch. 316. )

    Verify source ↗

    A quality mark may not be applied to an article more than once, and it may be placed in only one place on the article, unless this article specifically allows otherwise.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 12. Precious Metal Marking [22100 - 22181] ( Chapter 12 added by Stats. 1941, Ch. 316. ) ## ARTICLE 2. The Platinum Group [22120 - 22132] ( Article 2 added by Stats. 1941, Ch. 316. ) ## 22122. No more than one quality mark shall be applied to any article and such quality mark shall be applied to such article in only one place thereof, except as otherwise in this article specifically permitted. Each quality mark shall be legible, clear and distinct. (Added by Stats. 1941, Ch. 316.)
  148. 22123.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 12. Precious Metal Marking [22100 - 22181] ( Chapter 12 added by Stats. 1941, Ch. 316. ) ## ARTICLE 2. The Platinum Group [22120 - 22132] ( Article 2 added by Stats. 1941, Ch. 316. )

    Verify source ↗

    If an article has a mechanism, works, or movements inside a case or cover, any quality mark on the article does not apply to those internal parts.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 12. Precious Metal Marking [22100 - 22181] ( Chapter 12 added by Stats. 1941, Ch. 316. ) ## ARTICLE 2. The Platinum Group [22120 - 22132] ( Article 2 added by Stats. 1941, Ch. 316. ) ## 22123. If an article is composed of mechanism, works or movements and of a case or cover containing the mechanism, works or movements, a quality mark applied to the article shall not apply to the mechanism, works or movements. (Added by Stats. 1941, Ch. 316.)
  149. 22124.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 12. Precious Metal Marking [22100 - 22181] ( Chapter 12 added by Stats. 1941, Ch. 316. ) ## ARTICLE 2. The Platinum Group [22120 - 22132] ( Article 2 added by Stats. 1941, Ch. 316. )

    Verify source ↗

    A quality mark on an article does not apply to certain listed parts and components.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 12. Precious Metal Marking [22100 - 22181] ( Chapter 12 added by Stats. 1941, Ch. 316. ) ## ARTICLE 2. The Platinum Group [22120 - 22132] ( Article 2 added by Stats. 1941, Ch. 316. ) ## 22124. A quality mark applied to any article shall not apply to springs, winding bars, sleeves, crown cores, mechanical joint pins, screws, rivets, dustbands, detachable movement rims, hat-pin stems, bracelet or necklace snap tongues. (Added by Stats. 1941, Ch. 316.)
  150. 22125.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 12. Precious Metal Marking [22100 - 22181] ( Chapter 12 added by Stats. 1941, Ch. 316. ) ## ARTICLE 2. The Platinum Group [22120 - 22132] ( Article 2 added by Stats. 1941, Ch. 316. )

    Verify source ↗

    A quality mark does not apply to certain small parts of an article when those parts are the same quality of gold as the rest of the article, if the mark is applied under Section 22128(e).

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 12. Precious Metal Marking [22100 - 22181] ( Chapter 12 added by Stats. 1941, Ch. 316. ) ## ARTICLE 2. The Platinum Group [22120 - 22132] ( Article 2 added by Stats. 1941, Ch. 316. ) ## 22125. If a quality mark is applied to an article in accordance with the provisions of subdivision (e) of Section 22128, it shall not apply to pin tongues, joints, catches, lapel button backs and posts to which they are attached, scarf-pin stems, hat-pin sockets, shirt-stud backs, vest-button backs and any screw backs, if such parts are made of the same quality of gold as that used in the balance of the article. (Added by Stats. 1941, Ch. 316.)
  151. 22126.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 12. Precious Metal Marking [22100 - 22181] ( Chapter 12 added by Stats. 1941, Ch. 316. ) ## ARTICLE 2. The Platinum Group [22120 - 22132] ( Article 2 added by Stats. 1941, Ch. 316. )

    Verify source ↗

    If a quality mark is put on an article itself, the person applying it must also apply the required U.S. trade-mark. A manufacturer may also add identifying numerals if they are not part of the quality mark and are not misleading.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 12. Precious Metal Marking [22100 - 22181] ( Chapter 12 added by Stats. 1941, Ch. 316. ) ## ARTICLE 2. The Platinum Group [22120 - 22132] ( Article 2 added by Stats. 1941, Ch. 316. ) ## 22126. If a quality mark is printed, stamped or branded on any article itself, the person so applying such mark shall also apply a trade-mark duly applied for or registered to him under the laws of the United States. If the person so applying such quality mark is the manufacturer of the article and has sold or contracted to sell such article to a jobber, wholesale or retail dealer regularly engaged in the business of buying and selling similar articles, this section shall be deemed to be complied with if a trade-mark duly registered under the laws of the United States to such jobber, wholesale or retail dealer is applied to such article. A manufacturer of an article may also mark on the article, in addition to the marks herein specifically required, numerals intended to identify the article or the design or pattern used in such article if such numerals do not appear or purport to be a part of the quality mark and are not calculated to mislead or deceive any person into believing that they are a part of the quality mark. (Added by Stats. 1941, Ch. 316.)
  152. 22127.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 12. Precious Metal Marking [22100 - 22181] ( Chapter 12 added by Stats. 1941, Ch. 316. ) ## ARTICLE 2. The Platinum Group [22120 - 22132] ( Article 2 added by Stats. 1941, Ch. 316. )

    Verify source ↗

    If this article requires marking metal content by number of parts or percentage, that measurement must be by weight, not volume, thickness, or another standard.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 12. Precious Metal Marking [22100 - 22181] ( Chapter 12 added by Stats. 1941, Ch. 316. ) ## ARTICLE 2. The Platinum Group [22120 - 22132] ( Article 2 added by Stats. 1941, Ch. 316. ) ## 22127. Wherever in this article provision is made for marking the number of parts or percentage of metals in any article such number or percentage shall refer to weight and not to volume, thickness or any other standard of measurement. (Added by Stats. 1941, Ch. 316.)
  153. 22128.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 12. Precious Metal Marking [22100 - 22181] ( Chapter 12 added by Stats. 1941, Ch. 316. ) ## ARTICLE 2. The Platinum Group [22120 - 22132] ( Article 2 added by Stats. 1941, Ch. 316. )

    Verify source ↗

    This section limits when an article may be quality-marked as “platinum” or with related platinum/gold markings.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 12. Precious Metal Marking [22100 - 22181] ( Chapter 12 added by Stats. 1941, Ch. 316. ) ## ARTICLE 2. The Platinum Group [22120 - 22132] ( Article 2 added by Stats. 1941, Ch. 316. ) ## 22128. No quality mark shall be applied to any article except in accordance with the following provisions of this section: (a) An article consisting of at least 985/1000ths parts of platinum, iridium, palladium, ruthenium, rhodium, or osmium, where solder is not used and at least 950/1000ths parts of said metal or metals where solder is used, may be marked “platinum”; provided, that the total of the aforementioned metals other than pure platinum shall amount to no more than 50/1000ths parts of the contents of the entire article. (b) An article consisting of at least 985/1000ths parts of platinum, iridium, palladium, ruthenium, or osmium, where solder is not used and at least 950/1000ths parts of the said metal or metals where solder is used; and provided further, that at least 750/1000ths parts of said article are pure platinum, may be marked “platinum”; provided immediately preceding the mark “platinum” there is marked the name or abbreviation of either iridium, palladium, ruthenium, rhodium, or osmium, whichever of said metals predominates; and provided further, that such predominating other metal must be more than 50/1000ths parts of the entire article. (c) An article consisting of at least 985/1000ths parts of platinum, iridium, palladium, ruthenium, rhodium, or osmium, where solder is not used and at least 950/1000ths parts of said metals where solder is used; provided, more than 500/1000ths parts of said article consists of pure platinum, may be marked with the word “platinum”; provided, that said word is immediately preceded by a decimal fraction in one-thousandths showing the platinum content of the entire article; and further provided, that said mark “platinum” be followed by the name or abbreviation as herein allowed, of such one or more of the following metals, to wit: iridium, palladium, ruthenium, rhodium, or osmium, that may be present in the article in quantity of more than 50/1000ths parts of the entire article. The name of such other metal or metals other than platinum, however, shall each be immediately preceded by a decimal fraction in one-thousandths showing the content of such other metal or metals in proportion to the entire article, as for example, 600 plat., 350 pall., or 500 plat., 200 pall., 150 ruth., 100 rhod. (d) An article consisting of 950/1000ths parts of the following metals: Platinum, iridium, palladium, ruthenium, rhodium, or osmium with less than 500/1000ths parts of the entire article consisting of pure platinum, may be marked with the name iridium, palladium, ruthenium, rhodium, or osmium, whichever predominates in the said article, but in no event with the mark “platinum”; provided, however, that the quantity of such metal other than platinum so marked, must be marked in decimal thousandths; and provided further, that the name of such metal other than platinum so used must be spelled out in full irrespective of any other provisions of this article to the contrary. (e) An article composed of platinum and gold which resembles, appears or purports to be platinum, may be marked with a carat mark and the platinum mark; provided: 1. The platinum in such article shall be at least 985/1000ths parts pure platinum; and 2. The fineness of the gold in such article shall be correctly described by the carat mark of said gold; and 3. The percentage of platinum in such article shall be no less than 5 per cent in weight of the total weight of the article. The mark shall be so applied that the carat mark shall immediately precede the platinum mark, as for example, “14 K & Plat.,” “l8 K & Plat.,” as the case may be. If the percentage of platinum exceeds 5 per cent, the quality mark may also include a declaration of the percentage of platinum, as for example, “18 K & l/10 Plat.,” or “14 K & l/8 Plat.,” or as the case may be. (f) An article composed of platinum and any other material or metal not resembling, appearing or purporting to be platinum, may be marked with the word “platinum”; provided, all parts or portions of such article resembling or appearing or purporting to be platinum, or reasonably purporting to be described as platinum by said quality mark, shall be at least 985/1000ths parts pure platinum. (Added by Stats. 1941, Ch. 316.)
  154. 22129.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 12. Precious Metal Marking [22100 - 22181] ( Chapter 12 added by Stats. 1941, Ch. 316. ) ## ARTICLE 2. The Platinum Group [22120 - 22132] ( Article 2 added by Stats. 1941, Ch. 316. )

    Verify source ↗

    This section says several platinum-group words may be written in full or by listed abbreviations, unless a specific exception in Section 22128(d) applies.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 12. Precious Metal Marking [22100 - 22181] ( Chapter 12 added by Stats. 1941, Ch. 316. ) ## ARTICLE 2. The Platinum Group [22120 - 22132] ( Article 2 added by Stats. 1941, Ch. 316. ) ## 22129. Abbreviations. Whenever provided for in this article, and except as specifically excepted in paragraph (d) of Section 22128: (a) The word “platinum” may be applied by spelling it out in full or by the abbreviation “plat.” (b) The word “iridium” may be applied by spelling it out in full or by the abbreviation “irid.” (c) The word “palladium” may be applied by spelling it out in full or by the abbreviation “pall.” (d) The word “ruthenium” may be applied by spelling it out in full or by the abbreviation “ruth.” (e) The word “rhodium” may be applied by spelling it out in full or by the abbreviation “rhod.” and (f) The word “osmium” may be applied by spelling it out in full or by the abbreviation “osmi.”. (Added by Stats. 1941, Ch. 316.)
  155. 22130.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 12. Precious Metal Marking [22100 - 22181] ( Chapter 12 added by Stats. 1941, Ch. 316. ) ## ARTICLE 2. The Platinum Group [22120 - 22132] ( Article 2 added by Stats. 1941, Ch. 316. )

    Verify source ↗

    In enforcement actions under this article, a duly issued U.S. Treasury assay office certificate must be accepted as prima facie evidence of the certified facts.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 12. Precious Metal Marking [22100 - 22181] ( Chapter 12 added by Stats. 1941, Ch. 316. ) ## ARTICLE 2. The Platinum Group [22120 - 22132] ( Article 2 added by Stats. 1941, Ch. 316. ) ## 22130. In any action relating to the enforcement of any provision of this article, a certificate duly issued by an assay office of the Treasury Department of the United States, certifying the weight of any article, or any part thereof, or of the kind, weight, quality, fineness or quantity of any ingredient thereof, shall be receivable in evidence as constituting prima facie proof of the matter or matters so certified. (Added by Stats. 1941, Ch. 316.)
  156. 22131.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 12. Precious Metal Marking [22100 - 22181] ( Chapter 12 added by Stats. 1941, Ch. 316. ) ## ARTICLE 2. The Platinum Group [22120 - 22132] ( Article 2 added by Stats. 1941, Ch. 316. )

    Verify source ↗

    In enforcement actions under this article, a violation mark is treated as prima facie proof that the article was manufactured after the article became effective.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 12. Precious Metal Marking [22100 - 22181] ( Chapter 12 added by Stats. 1941, Ch. 316. ) ## ARTICLE 2. The Platinum Group [22120 - 22132] ( Article 2 added by Stats. 1941, Ch. 316. ) ## 22131. In any action relating to the enforcement of any provision of this article, proof that an article has been marked in violation of the provisions of this article shall be deemed to be prima facie proof that such article was manufactured after this article became effective. (Added by Stats. 1941, Ch. 316.)
  157. 22132.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 12. Precious Metal Marking [22100 - 22181] ( Chapter 12 added by Stats. 1941, Ch. 316. ) ## ARTICLE 2. The Platinum Group [22120 - 22132] ( Article 2 added by Stats. 1941, Ch. 316. )

    Verify source ↗

    It is a misdemeanor for a person or a person's officer, director, employee, or agent to make, sell, offer to sell, dispose of, or possess for sale/disposition an article with a nonconforming or missing required quality mark.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 12. Precious Metal Marking [22100 - 22181] ( Chapter 12 added by Stats. 1941, Ch. 316. ) ## ARTICLE 2. The Platinum Group [22120 - 22132] ( Article 2 added by Stats. 1941, Ch. 316. ) ## 22132. Any person or any officer, director, employee or agent of any person who makes, sells, or offers to sell, or dispose of, or has in his possession, with intent to sell or dispose of any article to which is applied any quality mark which does not conform to all of the provisions of this article, or from which is omitted any mark required by the provisions of this article, shall be guilty of a misdemeanor. It shall be a defense to any prosecution under this article for the defendant to prove that the said article was manufactured and marked with the intention of and for purposes of exportation from the United States and that the said article was either actually exported from the United States to a foreign country within six months after the date of manufacture thereof with the bona fide intention of being sold in the said country and of not being reimported; or that it was delivered within six months after date of manufacture thereof, to a person whose exclusive customary business is the exportation of such articles from the United States. (Added by Stats. 1941, Ch. 316.)
  158. 2215.

    ## 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 11.5. Surgery in Certain Outpatient Settings [2215 - 2217] ( Article 11.5 added by Stats. 1994, Ch. 1276, Sec. 1. )

    Verify source ↗

    This section says some surgeries are being done in unregulated outpatient or other out-of-hospital settings, and it directs regulators to focus on patient safety and cost-effective oversight.

    ## 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 11.5. Surgery in Certain Outpatient Settings [2215 - 2217] ( Article 11.5 added by Stats. 1994, Ch. 1276, Sec. 1. ) ## 2215. The Legislature finds and declares that in this state, significant surgeries are being performed in unregulated out-of-hospital settings. The Legislature further finds and declares that without appropriate oversight, some of these settings may be operating in a manner which is injurious to the public health, welfare, and safety. Although the health professionals delivering health care services in these settings are licensed, further quality assurance is needed to ensure that health care services are safely and effectively performed in these settings. The Legislature further recognizes that there is a wide range of surgical procedures safely performed in a myriad of outpatient settings, and the degree of patient risk varies greatly. It is the intent of the Legislature to create regulations that directly impact patient safety. It is not the intent of the Legislature to require standards in excess of those requirements in Section 1248.15, or to require physical modifications to facilities unless the modifications or standards directly impact patient safety and are cost-effective. The cost effectiveness of any modifications shall be taken into consideration by the Division of Licensing of the Medical Board of California, and shall ensure that the least costly and effective method of achieving patient safety is required. (Added by Stats. 1994, Ch. 1276, Sec. 1. Effective January 1, 1995.)
  159. 2216.

    ## 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 11.5. Surgery in Certain Outpatient Settings [2215 - 2217] ( Article 11.5 added by Stats. 1994, Ch. 1276, Sec. 1. )

    Verify source ↗

    A physician and surgeon may not perform certain anesthesia-based procedures in an outpatient setting, except for local anesthesia or peripheral nerve blocks, unless the setting is one specified in Section 1248.1.

    ## 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 11.5. Surgery in Certain Outpatient Settings [2215 - 2217] ( Article 11.5 added by Stats. 1994, Ch. 1276, Sec. 1. ) ## 2216. On or after July 1, 1996, no physician and surgeon shall perform procedures in an outpatient setting using anesthesia, except local anesthesia or peripheral nerve blocks, or both, complying with the community standard of practice, in doses that, when administered, have the probability of placing a patient at risk for loss of the patient’s life-preserving protective reflexes, unless the setting is specified in Section 1248.1. Outpatient settings where anxiolytics and analgesics are administered are excluded when administered, in compliance with the community standard of practice, in doses that do not have the probability of placing the patient at risk for loss of the patient’s life-preserving protective reflexes. The definition of “outpatient settings” contained in subdivision (c) of Section 1248 shall apply to this section. (Added by Stats. 1994, Ch. 1276, Sec. 1. Effective January 1, 1995.)
  160. 2216.1.

    ## 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 11.5. Surgery in Certain Outpatient Settings [2215 - 2217] ( Article 11.5 added by Stats. 1994, Ch. 1276, Sec. 1. )

    Verify source ↗

    A physician and surgeon may not perform procedures in an outpatient setting unless the setting complies with Section 2216 or meets the listed staffing and ACLS requirements while a patient is still under supervised 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 11.5. Surgery in Certain Outpatient Settings [2215 - 2217] ( Article 11.5 added by Stats. 1994, Ch. 1276, Sec. 1. ) ## 2216.1. On and after July 1, 2000, it is unprofessional conduct for a physician and surgeon to perform procedures in any outpatient setting except in compliance with Section 2216, unless the setting has a minimum of two staff persons on the premises, one of whom shall either be a licensed physician and surgeon or a licensed health care professional with current certification in advanced cardiac life support (ACLS), as long as a patient is present who has not been discharged from supervised care. (Added by Stats. 1999, Ch. 944, Sec. 2. Effective January 1, 2000.)
  161. 2216.2.

    ## 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 11.5. Surgery in Certain Outpatient Settings [2215 - 2217] ( Article 11.5 added by Stats. 1994, Ch. 1276, Sec. 1. )

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    Physicians and surgeons must provide adequate security for patient claims arising from certain outpatient surgical 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 11.5. Surgery in Certain Outpatient Settings [2215 - 2217] ( Article 11.5 added by Stats. 1994, Ch. 1276, Sec. 1. ) ## 2216.2. (a) It is unprofessional conduct for a physician and surgeon to fail to provide adequate security by liability insurance, or by participation in an interindemnity trust, for claims by patients arising out of surgical procedures performed outside of a general acute care hospital as defined in subdivision (a) of Section 1250 of the Health and Safety Code. (b) For purposes of this section, the board shall determine what constitutes adequate security. (c) Nothing in this section shall require an insurer admitted to transact liability insurance in this state to provide coverage to a physician and surgeon. (d) The security required by this section shall be acceptable only if provided by any one of the following: (1) An insurer admitted pursuant to Section 700 of the Insurance Code to transact liability insurance in this state. (2) An insurer that is eligible pursuant to Section 1765.1 of the Insurance Code. (3) A cooperative corporation authorized by Section 1280.7 of the Insurance Code. (4) An insurer licensed to transact liability insurance in at least one state of the United States. (Amended by Stats. 2011, Ch. 83, Sec. 1. (AB 315) Effective July 15, 2011. Operative July 21, 2011, by Sec. 34 of Stats. 2011, Ch. 83.)
  162. 2216.3.

    ## 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 11.5. Surgery in Certain Outpatient Settings [2215 - 2217] ( Article 11.5 added by Stats. 1994, Ch. 1276, Sec. 1. )

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    An accredited outpatient setting must report certain adverse events to the board within 5 days, or within 24 hours if the event is an ongoing urgent or emergent threat. It must also inform the patient or responsible party when the report is made.

    ## 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 11.5. Surgery in Certain Outpatient Settings [2215 - 2217] ( Article 11.5 added by Stats. 1994, Ch. 1276, Sec. 1. ) ## 2216.3. (a) An outpatient setting accredited pursuant to Section 1248.1 of the Health and Safety Code shall report an adverse event to the board no later than five days after the adverse event has been detected, or, if that event is an ongoing urgent or emergent threat to the welfare, health, or safety of patients, personnel, or visitors, not later than 24 hours after the adverse event has been detected. Disclosure of individually identifiable patient information shall be consistent with applicable law. (b) For the purposes of this section, “adverse event” includes any of the following: (1) Surgical or other invasive procedures, including the following: (A) Surgical or other invasive procedure performed on a wrong body part that is inconsistent with the documented informed consent for that patient. A reportable event under this subparagraph does not include a situation requiring prompt action that occurs in the course of surgery or a situation that is so urgent as to preclude obtaining informed consent. (B) Surgical or other invasive procedure performed on the wrong patient. (C) The wrong surgical or other invasive procedure performed on a patient, which is a procedure performed on a patient that is inconsistent with the documented informed consent for that patient. A reportable event under this subparagraph does not include a situation requiring prompt action that occurs in the course of surgery, or a situation that is so urgent as to preclude the obtaining of informed consent. (D) Retention of a foreign object in a patient after surgery or other procedure, excluding objects intentionally implanted as part of a planned intervention and objects present prior to surgery that are intentionally retained. (E) Death of a patient during or up to 24 hours after admittance of a patient to an outpatient setting that follows induction of anesthesia after surgery of a normal, healthy patient who has no organic, physiologic, biochemical, or psychiatric disturbance and for whom the pathologic processes for which the operation is to be performed are localized and do not entail a systemic disturbance. (F) Transfer of a patient to a hospital or emergency center for medical treatment for a period exceeding 24 hours following a scheduled procedure outside of a general acute care hospital, as defined in subdivision (a) of Section 1250 of the Health and Safety Code. (2) Product or device events, including the following: (A) Patient death or serious disability associated with the use of a contaminated drug, device, or biologic provided by the outpatient setting when the contamination is the result of generally detectable contaminants in the drug, device, or biologic, regardless of the source of the contamination or the product. (B) Patient death or serious disability associated with the use or function of a device in patient care in which the device is used or functions other than as intended. For purposes of this subparagraph, “device” includes, but is not limited to, a catheter, drain, or other specialized tube, infusion pump, or ventilator. (C) Patient death or serious disability associated with intravascular air embolism that occurs while being cared for in an outpatient setting, excluding deaths associated with neurosurgical procedures known to present a high risk of intravascular air embolism. (3) Patient protection events, including the following: (A) A minor discharged to the wrong person. (B) A patient suicide or attempted suicide resulting in serious disability while being cared for in an outpatient setting due to patient actions after admission to the outpatient setting. (4) Care management events, including the following: (A) A patient death or serious disability associated with a medication error, including, but not limited to, an error involving the wrong drug, the wrong dose, the wrong patient, the wrong time, the wrong rate, the wrong preparation, or the wrong route of administration, excluding reasonable differences in clinical judgment on drug selection and dose. (B) A patient death or serious disability associated with a hemolytic reaction due to the administration of ABO-incompatible blood or blood products. (C) Patient death or serious disability directly related to hypoglycemia, the onset of which occurs while the patient is being cared for in an outpatient setting. (D) A patient death or serious disability due to spinal manipulative therapy performed at the outpatient setting. (5) Environmental events, including the following: (A) A patient death or serious disability associated with an electric shock while being cared for in an outpatient setting, excluding events involving planned treatments, such as electric countershock. (B) Any incident in which a line designated for oxygen or other gas to be delivered to a patient contains the wrong gas or is contaminated by a toxic substance. (C) A patient death or serious disability associated with a burn incurred from any source while being cared for in an outpatient setting. (D) A patient death associated with a fall while being cared for in an outpatient setting. (E) A patient death or serious disability associated with the use of restraints or bed rails while being cared for in an outpatient setting. (6) Criminal events, including the following: (A) Any instance of care ordered by or provided by someone impersonating a physician, nurse, pharmacist, or other licensed health care provider. (B) The abduction of a patient of any age. (C) The sexual assault on a patient within or on the grounds of an outpatient setting. (D) The death or significant injury of a patient or staff member resulting from a physical assault that occurs within or on the grounds of an outpatient setting. (7) An adverse event or series of adverse events that cause the death or serious disability of a patient, personnel, or visitor. (c) The outpatient setting shall inform the patient or the party responsible for the patient of the adverse event by the time the report is made. (d) “Serious disability” means a physical or mental impairment that substantially limits one or more of the major life activities of an individual, or the loss of bodily function, if the impairment or loss lasts more than seven days or is still present at the time of discharge from an inpatient health care facility, or the loss of a body part. (e) “Surgical or other invasive procedures” are defined for the purposes of this section as operative procedures in which skin or mucous membranes and connective tissue are incised or an instrument is introduced through a natural body orifice. They include all procedures described by the codes in the surgery section of the Current Procedural Terminology. (Amended by Stats. 2017, Ch. 775, Sec. 71. (SB 798) Effective January 1, 2018.)
  163. 2216.4.

    ## 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 11.5. Surgery in Certain Outpatient Settings [2215 - 2217] ( Article 11.5 added by Stats. 1994, Ch. 1276, Sec. 1. )

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    An accredited outpatient setting that fails to report an adverse event may be fined by the board, and it may request a hearing within 10 days if it disputes the board’s determination.

    ## 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 11.5. Surgery in Certain Outpatient Settings [2215 - 2217] ( Article 11.5 added by Stats. 1994, Ch. 1276, Sec. 1. ) ## 2216.4. If an accredited outpatient setting fails to report an adverse event pursuant to Section 2216.3, the board may assess the accredited outpatient setting a civil penalty in an amount not to exceed one hundred dollars ($100) for each day that the adverse event is not reported following the initial five-day period or 24-hour period, as applicable. If the accredited outpatient setting disputes a determination by the board regarding an alleged failure to report an adverse event, the accredited outpatient setting may, within 10 days of notification of the board’s determination, request a hearing, which shall be conducted pursuant to the administrative adjudication provisions of Chapter 4.5 (commencing with Section 11400) and Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code. Penalties shall be paid when appeals pursuant to those provisions have been exhausted. (Added by Stats. 2013, Ch. 515, Sec. 13. (SB 304) Effective January 1, 2014.)
  164. 2217.

    ## 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 11.5. Surgery in Certain Outpatient Settings [2215 - 2217] ( Article 11.5 added by Stats. 1994, Ch. 1276, Sec. 1. )

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    The Division of Licensing of the Medical Board of California may adopt regulations to carry out this article and related Health and Safety Code provisions.

    ## 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 11.5. Surgery in Certain Outpatient Settings [2215 - 2217] ( Article 11.5 added by Stats. 1994, Ch. 1276, Sec. 1. ) ## 2217. The Division of Licensing of the Medical Board of California may adopt regulations to implement this article and Chapter 1.3 (commencing with Section 1248) of Division 2 of the Health and Safety Code. (Added by Stats. 1994, Ch. 1276, Sec. 1. Effective January 1, 1995.)
  165. 22175.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 12. Precious Metal Marking [22100 - 22181] ( Chapter 12 added by Stats. 1941, Ch. 316. ) ## ARTICLE 3. Gold [22175 - 22181] ( Article 3 added by Stats. 1941, Ch. 319. )

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    This article applies only to gold and its alloys.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 12. Precious Metal Marking [22100 - 22181] ( Chapter 12 added by Stats. 1941, Ch. 316. ) ## ARTICLE 3. Gold [22175 - 22181] ( Article 3 added by Stats. 1941, Ch. 319. ) ## 22175. The provisions of this article shall apply exclusively to gold and to its alloys. (Added by Stats. 1941, Ch. 319.)
  166. 22176.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 12. Precious Metal Marking [22100 - 22181] ( Chapter 12 added by Stats. 1941, Ch. 316. ) ## ARTICLE 3. Gold [22175 - 22181] ( Article 3 added by Stats. 1941, Ch. 319. )

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    This section defines “quality mark” for gold-related markings.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 12. Precious Metal Marking [22100 - 22181] ( Chapter 12 added by Stats. 1941, Ch. 316. ) ## ARTICLE 3. Gold [22175 - 22181] ( Article 3 added by Stats. 1941, Ch. 319. ) ## 22176. As used in this article “quality mark” means any mark indicating or purporting to indicate that any article is composed of gold or of any of its alloys or indicating or purporting to indicate the quality, fineness, quantity, weight or kind of gold or its alloys in an article. (Added by Stats. 1941, Ch. 319.)
  167. 22177.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 12. Precious Metal Marking [22100 - 22181] ( Chapter 12 added by Stats. 1941, Ch. 316. ) ## ARTICLE 3. Gold [22175 - 22181] ( Article 3 added by Stats. 1941, Ch. 319. )

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    A quality mark does not have to be applied to any article, but if one is used, it must follow this article’s rules.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 12. Precious Metal Marking [22100 - 22181] ( Chapter 12 added by Stats. 1941, Ch. 316. ) ## ARTICLE 3. Gold [22175 - 22181] ( Article 3 added by Stats. 1941, Ch. 319. ) ## 22177. A quality mark need not be applied to any article, but if a quality mark is applied to any article it shall be applied in accordance with the provisions of this article. (Added by Stats. 1941, Ch. 319.)
  168. 22178.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 12. Precious Metal Marking [22100 - 22181] ( Chapter 12 added by Stats. 1941, Ch. 316. ) ## ARTICLE 3. Gold [22175 - 22181] ( Article 3 added by Stats. 1941, Ch. 319. )

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    A quality mark on an article must show how many twenty-fourths by weight of pure gold or gold alloy the article contains.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 12. Precious Metal Marking [22100 - 22181] ( Chapter 12 added by Stats. 1941, Ch. 316. ) ## ARTICLE 3. Gold [22175 - 22181] ( Article 3 added by Stats. 1941, Ch. 319. ) ## 22178. A quality mark applied to any article shall indicate the number of twenty-fourth parts by weight of pure gold or its alloy contained in the article. (Added by Stats. 1941, Ch. 319.)
  169. 22179.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 12. Precious Metal Marking [22100 - 22181] ( Chapter 12 added by Stats. 1941, Ch. 316. ) ## ARTICLE 3. Gold [22175 - 22181] ( Article 3 added by Stats. 1941, Ch. 319. )

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    The fineness difference between gold in an article and the quality mark on it must not exceed the prescribed tolerance.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 12. Precious Metal Marking [22100 - 22181] ( Chapter 12 added by Stats. 1941, Ch. 316. ) ## ARTICLE 3. Gold [22175 - 22181] ( Article 3 added by Stats. 1941, Ch. 319. ) ## 22179. The variation between the actual fineness of the gold or its alloy contained in any article and that indicated by the quality mark applied to such article shall not exceed the tolerances for fineness prescribed for articles made of gold and its alloys which are to be moved in interstate commerce by that act of the United States Government entitled “An act forbidding the importation, exportation or carriage in interstate commerce of falsely or spuriously stamped articles of merchandise made of gold or silver or their alloys, or for other purposes,” approved June 13, 1906 (34 Stats. 260; 15 U.S.C. Secs. 294-300, inclusive). (Added by Stats. 1941, Ch. 319.)
  170. 22180.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 12. Precious Metal Marking [22100 - 22181] ( Chapter 12 added by Stats. 1941, Ch. 316. ) ## ARTICLE 3. Gold [22175 - 22181] ( Article 3 added by Stats. 1941, Ch. 319. )

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    If a person puts a quality mark on an item made of gold or gold alloy, they must also put on a qualifying trade-mark. A manufacturer has a special compliance path when the item is sold or contracted to a regular jobber, wholesaler, or retailer.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 12. Precious Metal Marking [22100 - 22181] ( Chapter 12 added by Stats. 1941, Ch. 316. ) ## ARTICLE 3. Gold [22175 - 22181] ( Article 3 added by Stats. 1941, Ch. 319. ) ## 22180. Any person who applies or causes any quality mark to be applied to any article which is made in whole or in part of gold or of any of its alloys shall also apply a trade-mark duly applied for or registered to him under the laws of the United States or of this State to such article. If the person so applying such mark is the manufacturer of the article and has sold or contracted to sell such article to a jobber, wholesale or retail dealer regularly engaged in the business of buying and selling similar articles, this section shall be deemed to be complied with if a trade-mark duly registered under the laws of the United States or of this State to such jobber, wholesale or retail dealer is applied to such article. (Added by Stats. 1941, Ch. 319.)
  171. 22181.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 12. Precious Metal Marking [22100 - 22181] ( Chapter 12 added by Stats. 1941, Ch. 316. ) ## ARTICLE 3. Gold [22175 - 22181] ( Article 3 added by Stats. 1941, Ch. 319. )

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    It is a misdemeanor to make, sell, offer to sell or dispose of, or possess with intent to sell or dispose of an article whose quality mark does not comply with this article or that is missing a required mark.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 12. Precious Metal Marking [22100 - 22181] ( Chapter 12 added by Stats. 1941, Ch. 316. ) ## ARTICLE 3. Gold [22175 - 22181] ( Article 3 added by Stats. 1941, Ch. 319. ) ## 22181. Any person or any officer, director, employee or agent of any person who makes, sells or offers to sell or dispose of, or has in his possession with intent to sell or dispose of, any article to which is applied any quality mark which does not conform to all the provisions of this article or from which is omitted any mark required by the provisions of this article is guilty of a misdemeanor. (Added by Stats. 1941, Ch. 319.)
  172. 2220.

    ## 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 12. Enforcement [2220 - 2319] ( Article 12 added by Stats. 1980, Ch. 1313, Sec. 2. )

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    The board may take action against people who violate this chapter and must enforce this article for physician and surgeon certificate holders, including inactive, retired, or disabled holders.

    ## 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 12. Enforcement [2220 - 2319] ( Article 12 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2220. Except as otherwise provided by law, the board may take action against all persons guilty of violating this chapter. The board shall enforce and administer this article as to physician and surgeon certificate holders, including those who hold certificates that do not permit them to practice medicine, such as, but not limited to, retired, inactive, or disabled status certificate holders, and the board shall have all the powers granted in this chapter for these purposes including, but not limited to: (a) Investigating complaints from the public, from other licensees, from health care facilities, or from the board that a physician and surgeon may be guilty of unprofessional conduct. The board shall investigate the circumstances underlying a report received pursuant to Section 805 or 805.01 within 30 days to determine if an interim suspension order or temporary restraining order should be issued. The board shall otherwise provide timely disposition of the reports received pursuant to Section 805 and Section 805.01. (b) Investigating the circumstances of practice of any physician and surgeon where there have been any judgments, settlements, or arbitration awards requiring the physician and surgeon or his or her professional liability insurer to pay an amount in damages in excess of a cumulative total of thirty thousand dollars ($30,000) with respect to any claim that injury or damage was proximately caused by the physician’s and surgeon’s error, negligence, or omission. (c) Investigating the nature and causes of injuries from cases which shall be reported of a high number of judgments, settlements, or arbitration awards against a physician and surgeon. (Amended by Stats. 2012, Ch. 799, Sec. 12. (SB 1575) Effective January 1, 2013.)
  173. 2220.01.

    ## 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 12. Enforcement [2220 - 2319] ( Article 12 added by Stats. 1980, Ch. 1313, Sec. 2. )

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    The director must appoint an independent enforcement monitor, and that monitor must review the board’s enforcement work and report findings by set deadlines.

    ## 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 12. Enforcement [2220 - 2319] ( Article 12 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2220.01. (a) (1) The director shall appoint an independent enforcement monitor no later than March 1, 2022. The director may retain a person for this position by a personal services contract. The Legislature finds, pursuant to Section 19130 of the Government Code, that this is a new state function. (2) The enforcement monitor shall not have previously been employed by, under contract with, in any financial relationship with, or affiliated with an organization that represents patient or physician and surgeon interests, including, but not limited to, a professional association, lobbyist employer, advocacy organization, or party that has appeared before the board or the Legislature. (3) (A) The director shall supervise the enforcement monitor and may terminate or dismiss the enforcement monitor from this position. (B) If the enforcement monitor is terminated or dismissed, the director shall appoint a replacement monitor within two months. (4) The monitoring duty of the enforcement monitor shall be on a continuing basis for a period of no more than two years from the date of the initial enforcement monitor’s appointment. (b) The enforcement monitor shall monitor and evaluate the board’s enforcement efforts with specific concentration on the handling and processing of complaints and timely application of sanctions or discipline imposed on licensees and persons in order to protect the public, which may include, but not be limited to, the following: (1) The board’s disciplinary system and procedures. (2) The consistency of complaint processing and investigation. (3) The timeliness of the disciplinary process, including an evaluation of the board’s compliance with subdivision (b) of Section 129, and Sections 2220.08 and 2319. (4) Compliance with Section 2229, including deviations from the Manual of Model Disciplinary Orders and Disciplinary Guidelines in the board’s application of sanctions or discipline. (5) Sanctions or discipline disproportionately applied to physicians and surgeons of color. (6) Resources allocated for enforcement efforts. (7) Any area that may lead to cost savings and greater effectiveness of the board’s enforcement efforts. (c) The enforcement monitor shall not exercise authority over the board’s management or staff, but the board and its staff shall cooperate with the enforcement monitor and shall provide data, information, and files as requested by the enforcement monitor to perform all of the enforcement monitor’s duties. (d) The director shall assist the enforcement monitor in the performance of the enforcement monitor’s duties, and the enforcement monitor shall have the same investigative authority as the director. (e) The director may specify additional duties of the enforcement monitor for the purposes of this section. (f) (1) The enforcement monitor shall submit to the department and the Legislature, pursuant to Section 9795 of the Government Code, an initial written report of the enforcement monitor’s findings and conclusions no later than January 1, 2023, and a final written report no later than July 1, 2023. The enforcement monitor shall be available to make oral reports to the department or the Legislature if requested to do so. The enforcement monitor may also provide additional information to either the department or the Legislature at the enforcement monitor’s discretion or at the request of either the department or the Legislature. The enforcement monitor shall make every effort to provide the board with an opportunity to reply to any facts, findings, issues, or conclusions made in their reports to the department or the Legislature with which the board may disagree. (2) The enforcement monitor shall make any report required by this paragraph available to the public and the media. (g) The board shall pay for all of the costs associated with the employment of the enforcement monitor. (Added by Stats. 2021, Ch. 649, Sec. 16. (SB 806) Effective January 1, 2022.)
  174. 2220.05.

    ## 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 12. Enforcement [2220 - 2319] ( Article 12 added by Stats. 1980, Ch. 1313, Sec. 2. )

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    The Medical Board of California and the California Board of Podiatric Medicine must prioritize enforcement resources for higher-risk cases, and the Medical Board must report annual counts by priority category.

    ## 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 12. Enforcement [2220 - 2319] ( Article 12 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2220.05. (a) In order to ensure that its resources are maximized for the protection of the public, the Medical Board of California and the California Board of Podiatric Medicine shall prioritize their investigative and prosecutorial resources to ensure that physicians and surgeons and doctors of podiatric medicine representing the greatest threat of harm are identified and disciplined expeditiously. Cases involving any of the following allegations shall be handled on a priority basis, as follows, with the highest priority being given to cases in the first paragraph: (1) Gross negligence, incompetence, or repeated negligent acts that involve death or serious bodily injury to one or more patients, such that the physician and surgeon or the doctor of podiatric medicine represents a danger to the public. (2) Drug or alcohol abuse by a physician and surgeon or a doctor of podiatric medicine involving death or serious bodily injury to a patient. (3) Repeated acts of clearly excessive prescribing, furnishing, or administering of controlled substances, or repeated acts of prescribing, dispensing, or furnishing of controlled substances without a good faith prior examination of the patient and medical reason therefor. However, in no event shall a physician and surgeon prescribing, furnishing, or administering controlled substances for intractable pain consistent with lawful prescribing, including, but not limited to, Sections 725, 2241.5, and 2241.6 of this code and Sections 11159.2 and 124961 of the Health and Safety Code, be prosecuted for excessive prescribing and prompt review of the applicability of these provisions shall be made in any complaint that may implicate these provisions. (4) Repeated acts of clearly excessive recommending of cannabis to patients for medical purposes, or repeated acts of recommending cannabis to patients for medical purposes without a good faith prior examination of the patient and a medical reason for the recommendation. (5) Sexual misconduct with one or more patients during a course of treatment or an examination. (6) Practicing medicine while under the influence of drugs or alcohol. (7) Repeated acts of clearly excessive prescribing, furnishing, or administering psychotropic medications to a minor without a good faith prior examination of the patient and medical reason therefor. (b) The board may by regulation prioritize cases involving an allegation of conduct that is not described in subdivision (a). Those cases prioritized by regulation shall not be assigned a priority equal to or higher than the priorities established in subdivision (a). (c) The Medical Board of California shall indicate in its annual report mandated by Section 2312 the number of temporary restraining orders, interim suspension orders, and disciplinary actions that are taken in each priority category specified in subdivisions (a) and (b). (Amended by Stats. 2017, Ch. 775, Sec. 72. (SB 798) Effective January 1, 2018.)
  175. 2220.08.

    ## 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 12. Enforcement [2220 - 2319] ( Article 12 added by Stats. 1980, Ch. 1313, Sec. 2. )

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    For quality-of-care complaints, the board must have the complaint reviewed by medical experts and request listed information before any field-office referral, with exceptions for certain reports and new complaints involving a physician under pending action or probation.

    ## 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 12. Enforcement [2220 - 2319] ( Article 12 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2220.08. (a) Except for reports received by the board pursuant to Section 801.01 or 805 that may be treated as complaints by the board and new complaints relating to a physician and surgeon who is the subject of a pending accusation or investigation or who is on probation, any complaint determined to involve quality of care, before referral to a field office for further investigation, shall meet the following criteria: (1) It shall be reviewed by one or more medical experts with the pertinent education, training, and expertise to evaluate the specific standard of care issues raised by the complaint to determine if further field investigation is required. (2) It shall include the review of the following, which shall be requested by the board: (A) Relevant patient records. (B) The statement or explanation of the care and treatment provided by the physician and surgeon. (C) Any additional expert testimony or literature provided by the physician and surgeon. (D) Any additional facts or information requested by the medical expert reviewers that may assist them in determining whether the care rendered constitutes a departure from the standard of care. (b) If the board does not receive the information requested pursuant to paragraph (2) of subdivision (a) within 10 working days of requesting that information, the complaint may be reviewed by the medical experts and referred to a field office for investigation without the information. (c) Nothing in this section shall impede the board’s ability to seek and obtain an interim suspension order or other emergency relief. (Amended by Stats. 2013, Ch. 515, Sec. 14. (SB 304) Effective January 1, 2014.)
  176. 2220.1.

    ## 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 12. Enforcement [2220 - 2319] ( Article 12 added by Stats. 1980, Ch. 1313, Sec. 2. )

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    The board must interview the complainant, patient, or identified patient representative before closing certain quality-of-care complaints, but may close the complaint if the interview is declined or there is no response within 30 calendar days. The board may also reopen a closed matter if new pertinent information is provided.

    ## 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 12. Enforcement [2220 - 2319] ( Article 12 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2220.1. (a) For purposes of this section, “patient representative” means the spouse or domestic partner of the patient, a person responsible for the care of the patient, or the patient’s next of kin. (b) (1) Before a complaint within the jurisdiction of the board pertaining to the quality-of-care that a licensee provided to their patient may be closed, the board shall conduct an interview with the complainant, the patient, or the patient’s representative, if one is identified in the complaint. (2) This subdivision shall not apply to complaints that are submitted anonymously or without the contact information of the complainant, patient, or a patient representative. (c) If the board’s request for an interview is declined by the complainant, patient, or a patient representative identified in the complaint, or the board has not received a response within 30 calendar days, the board may close the complaint, if otherwise warranted. (d) If, after the complaint is closed, the complainant, patient, or patient representative provides additional information pertinent to that complaint, the board may reopen the matter, subject to the provisions of Section 2230.5. (e) 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. 11. (SB 815) Effective January 1, 2024. Conditionally operative as prescribed by its own provisions.)
  177. 2220.2.

    ## 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 12. Enforcement [2220 - 2319] ( Article 12 added by Stats. 1980, Ch. 1313, Sec. 2. )

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    When a complaint is referred for field investigation, the complainant, patient, or patient representative must be given a chance to submit a statement, and they have up to 60 days after notice to do so.

    ## 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 12. Enforcement [2220 - 2319] ( Article 12 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2220.2. (a) For purposes of this section, “patient representative” means the spouse or domestic partner of the patient, a person responsible for the care of the patient, or the patient’s next of kin. (b) (1) At the time that a complaint is referred for a field investigation, the relevant complainant, patient, or patient representative shall be provided with the opportunity to provide a statement relative to the harm they experienced. (2) The complainant, patient, or patient representative shall have up to 60 days following receipt of the notification described in paragraph (1) to provide the statement to the board. (3) Notwithstanding Section 2330, the statement shall be considered by the board, or a panel of the board, for the purposes of adjudicating the case to which the statement pertains. (c) This section shall not apply to the Osteopathic Medical Board of California. (Added by Stats. 2023, Ch. 294, Sec. 12. (SB 815) Effective January 1, 2024.)
  178. 2220.5.

    ## 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 12. Enforcement [2220 - 2319] ( Article 12 added by Stats. 1980, Ch. 1313, Sec. 2. )

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    The Medical Board of California is the only licensing board authorized to investigate or start disciplinary actions against certain physicians and surgeons.

    ## 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 12. Enforcement [2220 - 2319] ( Article 12 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2220.5. (a) The Medical Board of California is the only licensing board that is authorized to investigate or commence disciplinary actions relating to physicians and surgeons who have been issued a certificate pursuant to Section 2050. (b) For purposes of this section, “investigate or commence disciplinary actions” shall mean written, oral, or telephonic communication with a physician or surgeon concerning his or her violation of the Medical Practice Act or any other provision of this division. (c) Written complaints that are subject to Section 43.96 of the Civil Code, relating to the professional conduct or professional competence of physicians and surgeons, shall be processed in accordance with that section. (Amended by Stats. 2009, Ch. 309, Sec. 3.5. (AB 1535) Effective January 1, 2010.)
  179. 2220.6.

    ## 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 12. Enforcement [2220 - 2319] ( Article 12 added by Stats. 1980, Ch. 1313, Sec. 2. )

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    The board must investigate a licensee when an information or indictment alleges certain Penal Code or Insurance Code violations, unless the district attorney objects.

    ## 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 12. Enforcement [2220 - 2319] ( Article 12 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2220.6. The board shall investigate any licensee against whom an information or indictment has been filed that alleges a violation of Section 550 of the Penal Code or Section 1871.4 of the Insurance Code, if the district attorney does not otherwise object to initiating an investigation. (Added by Stats. 2000, Ch. 867, Sec. 7. Effective January 1, 2001.)
  180. 2220.7.

    ## 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 12. Enforcement [2220 - 2319] ( Article 12 added by Stats. 1980, Ch. 1313, Sec. 2. )

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    Physicians and surgeons may not include certain board-related gag or withdrawal clauses in settlement agreements about civil disputes arising from 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 12. Enforcement [2220 - 2319] ( Article 12 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2220.7. (a) A physician and surgeon shall not include or permit to be included any of the following provisions in an agreement to settle a civil dispute arising from his or her practice, whether the agreement is made before or after filing the action: (1) A provision that prohibits another party to the dispute from contacting or cooperating with the board. (2) A provision that prohibits another party to the dispute from filing a complaint with the board. (3) A provision that requires another party to the dispute to withdraw a complaint he or she has filed with the board. (b) A provision described in subdivision (a) is void as against public policy. (c) A physician and surgeon who violates this section is subject to disciplinary action by the board. (Added by Stats. 2006, Ch. 565, Sec. 7. Effective January 1, 2007.)
  181. 22200.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 13. Polyethylene Plastic Materials [22200 - 22205] ( Chapter 13 added by Stats. 1959, Ch. 1546. )

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    Certain thin plastic bags may not be used or distributed unless they carry a clear child-safety warning.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 13. Polyethylene Plastic Materials [22200 - 22205] ( Chapter 13 added by Stats. 1959, Ch. 1546. ) ## 22200. No bag made of plastic material of an average gauge thinner than 0.001 inch which is large enough to fit over a child’s head shall be used by any business establishment as a container for products delivered to purchasers, or by any other business establishment to package articles delivered to customers or other persons doing business with the establishment, or, after January 1, 1988, shall be directly sold, delivered, or given to any business establishment located in the State of California by any manufacturer, supplier, or distributor after January 1, 1988, unless there is printed upon such bag, or upon a gummed label which is securely attached to such bag, in clear legible type the following: “CAUTION—KEEP AWAY FROM SMALL CHILDREN. THE THIN FILM MAY CLING TO NOSE AND MOUTH AND PREVENT BREATHING,” or a similar warning that the bag is dangerous to small children. This section shall not apply to those plastic bags which are used exclusively for industrial purposes. (Amended by Stats. 1988, Ch. 109, Sec. 2. Effective May 17, 1988.)
  182. 22201.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 13. Polyethylene Plastic Materials [22200 - 22205] ( Chapter 13 added by Stats. 1959, Ch. 1546. )

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    This section defines when a bag is considered large enough to fit over a child’s head.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 13. Polyethylene Plastic Materials [22200 - 22205] ( Chapter 13 added by Stats. 1959, Ch. 1546. ) ## 22201. As used in this chapter, “a bag large enough to fit over a child’s head” means any bag which, when open, has an opening larger than 25 square inches or a capacity of more than 125 cubic inches. (Added by Stats. 1959, Ch. 1546.)
  183. 22202.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 13. Polyethylene Plastic Materials [22200 - 22205] ( Chapter 13 added by Stats. 1959, Ch. 1546. )

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    This section defines “clear legible type” for this chapter and says it must meet listed visibility, printing, and minimum-size requirements.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 13. Polyethylene Plastic Materials [22200 - 22205] ( Chapter 13 added by Stats. 1959, Ch. 1546. ) ## 22202. As used in this chapter, “clear legible type” means type which meets all the following qualifications: (a) Is clear and legible. (b) Is of a bright color which will be clearly visible against either a light or a dark background. (c) Is printed by some method other than rubber stamp, such as by offset or letterpress, so as to prevent the ink from smearing and to insure that the printed matter will be clear and distinct. (d) Is not less than the following size: Total of length and width of bag combined Size of type Less than 30 inches ........................ 10 point 30 inches or more, but less than 40 inches ........................ 14 point 40 inches or more, but less than 60 inches ........................ 18 point 60 inches or more ........................ 24 point (Added by Stats. 1961, Ch. 197.)
  184. 22203.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 13. Polyethylene Plastic Materials [22200 - 22205] ( Chapter 13 added by Stats. 1959, Ch. 1546. )

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    Retail stores and other retail business establishments must not use certain thin polyethylene bags in the covered ways described here, except for the stated food-product and non-promotional advertising exceptions.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 13. Polyethylene Plastic Materials [22200 - 22205] ( Chapter 13 added by Stats. 1959, Ch. 1546. ) ## 22203. No bag made of polyethylene plastic material thinner than 0.001 inch which is large enough to fit over a child’s head shall be used, after the effective date of this section, by any retail store as a container for products, other than for food products weighing not more than five pounds, delivered to purchasers, or by any other retail business establishment to package articles delivered to customers, if any cartoon, picture, or caricature is on such bag which cartoon, picture, or caricature will, or will have a tendency to, facilitate or encourage the use of such bag as a toy by children under 12 years of age. This section does not prohibit legitimate advertising which does not facilitate or encourage the use of such bag as a toy. (Added by Stats. 1961, Ch. 197.)
  185. 22205.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 13. Polyethylene Plastic Materials [22200 - 22205] ( Chapter 13 added by Stats. 1959, Ch. 1546. )

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    Violating this chapter 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 13. Polyethylene Plastic Materials [22200 - 22205] ( Chapter 13 added by Stats. 1959, Ch. 1546. ) ## 22205. Any violation of this chapter is a misdemeanor. (Added by renumbering Section 22202 by Stats. 1961, Ch. 197.)
  186. 2221.

    ## 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 12. Enforcement [2220 - 2319] ( Article 12 added by Stats. 1980, Ch. 1313, Sec. 2. )

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    The board may deny or conditionally issue a physician’s and surgeon’s certificate, and must deny it to certain applicants who must register under Penal Code section 290. It also must disclose and post probationary certificates for 10 years.

    ## 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 12. Enforcement [2220 - 2319] ( Article 12 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2221. (a) The board may deny a physician’s and surgeon’s certificate to an applicant guilty of unprofessional conduct or of any cause that would subject a licensee to revocation or suspension of their license. The board, in its sole discretion, may issue a probationary physician’s and surgeon’s certificate to an applicant subject to terms and conditions, including, but not limited to, any of the following conditions of probation: (1) Practice limited to a supervised, structured environment where the licensee’s activities shall be supervised by another physician and surgeon. (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) Enrollment and successful completion of a clinical training program. (6) Abstention from the use of alcohol or drugs. (7) Restrictions against engaging in certain types of medical practice. (8) Compliance with all provisions of this chapter. (9) Payment of the cost of probation monitoring. (b) The board may modify or terminate the terms and conditions imposed on the probationary certificate upon receipt of a petition from the 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. (c) The board shall deny a physician’s and surgeon’s certificate 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. (d) An applicant shall not be eligible to reapply for a physician’s and surgeon’s certificate for a minimum of three years from the effective date of the denial of their application, except that the board, in its discretion and for good cause demonstrated, may permit reapplication after not less than one year has elapsed from the effective date of the denial. (e) The board shall disclose a probationary physician’s and surgeon’s certificate issued pursuant to this section and the operative statement of issues to an inquiring member of the public and shall post the certificate and statement on the board’s internet website for 10 years from issuance. (Amended by Stats. 2019, Ch. 849, Sec. 3. (SB 425) Effective January 1, 2020.)
  187. 2221.05.

    ## 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 12. Enforcement [2220 - 2319] ( Article 12 added by Stats. 1980, Ch. 1313, Sec. 2. )

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    The board may issue a physician’s and surgeon’s certificate to an applicant with minor violations, and may also issue a public letter of 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 12. Enforcement [2220 - 2319] ( Article 12 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2221.05. (a) Notwithstanding subdivision (a) of Section 2221, the board may issue a physician’s and surgeon’s certificate to an applicant who has committed minor violations that the board deems, in its discretion, do not merit the denial of a certificate or require probationary status under Section 2221, and may concurrently issue a public letter of reprimand. (b) A public letter of reprimand issued concurrently with a physician’s and surgeon’s certificate 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. (d) Nothing in this section shall be construed to affect the board’s authority to issue an unrestricted license. (Added by Stats. 2008, Ch. 247, Sec. 2. Effective January 1, 2009.)
  188. 2221.1.

    ## 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 12. Enforcement [2220 - 2319] ( Article 12 added by Stats. 1980, Ch. 1313, Sec. 2. )

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    The board and the California Board of Podiatric Medicine must investigate certain licensees and may discipline them for knowingly failing to follow infection control guidelines, except for good cause.

    ## 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 12. Enforcement [2220 - 2319] ( Article 12 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2221.1. (a) The board and the California Board of Podiatric Medicine shall investigate and may take disciplinary action, including, but not limited to, revocation or suspension of licenses, against physicians and surgeons and all others licensed or regulated by the board, or by the California Board of Podiatric Medicine, whichever is applicable, who, except for good cause, knowingly fail to protect patients by failing to follow infection control guidelines of the applicable board, thereby risking transmission of blood-borne infectious diseases from the physician and surgeon or other health care provider licensed or regulated by the applicable board to patients, from patients, and from patient to physician and surgeon or other health care provider regulated by the applicable board. In so doing, the boards shall consider referencing the standards, regulations, and guidelines of the State Department of Public Health developed pursuant to Section 1250.11 of the Health and Safety Code and the standards, guidelines, and regulations pursuant to the California Occupational Safety and Health Act of 1973 (Part 1 (commencing with Section 6300) of Division 5 of the Labor Code) for preventing the transmission of HIV, hepatitis B, and other blood-borne pathogens in health care settings. As necessary, the board and the California Board of Podiatric Medicine shall consult with the Dental Board of California, the Board of Registered Nursing, and the Board of Vocational Nursing and Psychiatric Technicians of the State of California to encourage appropriate consistency in the implementation of this section. (b) Subdivision (a) does not apply to an organ transplant performed within the standard of care and in compliance with subdivision (d) of Section 1644.5 of the Health and Safety Code. (c) The board shall seek to ensure that licentiates and others regulated by the board are informed of the responsibility of licentiates to follow infection control guidelines and of the most recent scientifically recognized safeguards for minimizing the transmission of blood-borne infectious diseases. (Amended by Stats. 2017, Ch. 561, Sec. 2. (AB 1516) Effective January 1, 2018.)
  189. 2222.

    ## 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 12. Enforcement [2220 - 2319] ( Article 12 added by Stats. 1980, Ch. 1313, Sec. 2. )

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    The California Board of Podiatric Medicine must enforce and administer this article for doctors of podiatric medicine and may take disciplinary action on certificates and applications within its authority.

    ## 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 12. Enforcement [2220 - 2319] ( Article 12 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2222. The California Board of Podiatric Medicine shall enforce and administer this article as to doctors of podiatric medicine. Any acts of unprofessional conduct or other violations proscribed by this chapter are applicable to licensed doctors of podiatric medicine and wherever the Medical Quality Hearing Panel established under Section 11371 of the Government Code is vested with the authority to enforce and carry out this chapter as to licensed physicians and surgeons, the Medical Quality Hearing Panel also possesses that same authority as to licensed doctors of podiatric medicine. The California Board of Podiatric Medicine may order the denial of an application or issue a certificate subject to conditions as set forth in Section 2221, or order the revocation, suspension, or other restriction of, or the modification of that penalty, and the reinstatement of any certificate of a doctor of podiatric medicine within its authority as granted by this chapter and in conjunction with the administrative hearing procedures established pursuant to Sections 11371, 11372, 11373, and 11529 of the Government Code. For these purposes, the California Board of Podiatric Medicine shall exercise the powers granted and be governed by the procedures set forth in this chapter. (Amended by Stats. 1993, Ch. 1267, Sec. 19. Effective January 1, 1994.)
  190. 2224.

    ## 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 12. Enforcement [2220 - 2319] ( Article 12 added by Stats. 1980, Ch. 1313, Sec. 2. )

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    The board may delegate some investigative, inspection, and proceeding authority, but it may not delegate final disciplinary action or certain other protected powers; it must delegate specified decision-making powers to its executive director.

    ## 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 12. Enforcement [2220 - 2319] ( Article 12 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2224. (a) The board may delegate the authority under this chapter to conduct investigations and inspections and to institute proceedings to the executive director of the board or to other personnel as set forth in Section 2020. The board shall not delegate its authority to take final disciplinary action against a licensee as provided in Section 2227 and other provisions of this chapter. The board shall not delegate any authority of the Senior Assistant Attorney General of the Health Quality Enforcement Section or any powers vested in the administrative law judges of the Office of Administrative Hearings, as designated in Section 11371 of the Government Code. (b) Notwithstanding subdivision (a), the board shall delegate to its executive director the authority to adopt a decision entered by default, a stipulation for surrender of a license, and automatic revocations. (Amended by Stats. 2023, Ch. 294, Sec. 13. (SB 815) Effective January 1, 2024.)
  191. 2225.

    ## 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 12. Enforcement [2220 - 2319] ( Article 12 added by Stats. 1980, Ch. 1313, Sec. 2. )

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    This section limits and allows certain investigations and records access in medicine and podiatric medicine, while requiring confidentiality and timely document production.

    ## 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 12. Enforcement [2220 - 2319] ( Article 12 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2225. (a) Notwithstanding Section 2263 and any other law making a communication between a physician and surgeon or a doctor of podiatric medicine and his or her patients a privileged communication, those provisions shall not apply to investigations or proceedings conducted under this chapter. Members of the board, the Senior Assistant Attorney General of the Health Quality Enforcement Section, members of the California Board of Podiatric Medicine, and deputies, employees, agents, and representatives of the board or the California Board of Podiatric Medicine and the Senior Assistant Attorney General of the Health Quality Enforcement Section shall keep in confidence during the course of investigations, the names of any patients whose records are reviewed and shall not disclose or reveal those names, except as is necessary during the course of an investigation, unless and until proceedings are instituted. The authority of the board or the California Board of Podiatric Medicine and the Health Quality Enforcement Section to examine records of patients in the office of a physician and surgeon or a doctor of podiatric medicine is limited to records of patients who have complained to the board or the California Board of Podiatric Medicine about that licensee. (b) Notwithstanding any other law, the Attorney General and his or her investigative agents, and investigators and representatives of the board or the California Board of Podiatric Medicine, may inquire into any alleged violation of the Medical Practice Act or any other federal or state law, regulation, or rule relevant to the practice of medicine or podiatric medicine, whichever is applicable, and may inspect documents relevant to those investigations in accordance with the following procedures: (1) Any document relevant to an investigation may be inspected, and copies may be obtained, where patient consent is given. (2) Any document relevant to the business operations of a licensee, and not involving medical records attributable to identifiable patients, may be inspected and copied if relevant to an investigation of a licensee. (c) (1) Notwithstanding subdivision (b) or any other law, in any investigation that involves the death of a patient, the board may inspect and copy the medical records of the deceased patient without the authorization of the beneficiary or personal representative of the deceased patient or a court order solely for the purpose of determining the extent to which the death was the result of the physician and surgeon’s conduct in violation of the Medical Practice Act, if the board provides a written request to either the physician and surgeon or the facility where the medical records are located or the care to the deceased patient was provided, that includes a declaration that the board has been unsuccessful in locating or contacting the deceased patient’s beneficiary or personal representative after reasonable efforts. Nothing in this subdivision shall be construed to allow the board to inspect and copy the medical records of a deceased patient without a court order when the beneficiary or personal representative of the deceased patient has been located and contacted but has refused to consent to the board inspecting and copying the medical records of the deceased patient. (2) The Legislature finds and declares that the authority created in the board pursuant to this section, and a physician and surgeon’s compliance with this section, are consistent with the public interest and benefit activities of the federal Health Insurance Portability and Accountability Act (HIPAA). (d) In all cases in which documents are inspected or copies of those documents are received, their acquisition or review shall be arranged so as not to unnecessarily disrupt the medical and business operations of the licensee or of the facility where the records are kept or used. (e) If documents are lawfully requested from licensees in accordance with this section by the Attorney General or his or her agents or deputies, or investigators of the board or the California Board of Podiatric Medicine, the documents shall be provided within 15 business days of receipt of the request, unless the licensee is unable to provide the documents within this time period for good cause, including, but not limited to, physical inability to access the records in the time allowed due to illness or travel. Failure to produce requested documents or copies thereof, after being informed of the required deadline, shall constitute unprofessional conduct. The board may use its authority to cite and fine a physician and surgeon for any violation of this section. This remedy is in addition to any other authority of the board to sanction a licensee for a delay in producing requested records. (f) Searches conducted of the office or medical facility of any licensee shall not interfere with the recordkeeping format or preservation needs of any licensee necessary for the lawful care of patients. (Amended by Stats. 2016, Ch. 303, Sec. 3. (AB 2745) Effective January 1, 2017.)
  192. 2225.3.

    ## 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 12. Enforcement [2220 - 2319] ( Article 12 added by Stats. 1980, Ch. 1313, Sec. 2. )

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    The board, the California Board of Podiatric Medicine, and the Attorney General must return original documents received under Section 2225 to the licensee within seven calendar days.

    ## 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 12. Enforcement [2220 - 2319] ( Article 12 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2225.3. The board, the California Board of Podiatric Medicine, and the Attorney General, shall return any original documents received pursuant to Section 2225 to the licensee from whom they were obtained within seven calendar days. (Added by Stats. 1993, Ch. 1267, Sec. 21. Effective January 1, 1994.)
  193. 2225.5.

    ## 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 12. Enforcement [2220 - 2319] ( Article 12 added by Stats. 1980, Ch. 1313, Sec. 2. )

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    Licensees and health care facilities must provide certain certified patient medical records to the board within set deadlines, and failures can trigger civil penalties, misdemeanor liability, and discipline.

    ## 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 12. Enforcement [2220 - 2319] ( Article 12 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2225.5. (a) (1) A licensee who fails or refuses to comply with a request for the certified medical records of a patient, that is accompanied by that patient’s written authorization for release of records to the board, within 15 days of receiving the request and authorization, shall pay to the board a civil penalty of one thousand dollars ($1,000) per day for each day that the documents have not been produced after the 15th day, up to ten thousand dollars ($10,000), unless the licensee is unable to provide the documents within this time period for good cause. (2) A health care facility shall comply with a request for the certified medical records of a patient that is accompanied by that patient’s written authorization for release of records to the board together with a notice citing this section and describing the penalties for failure to comply with this section. Failure to provide the authorizing patient’s certified medical records to the board within 30 days of receiving the request, authorization, and notice shall subject the health care facility to a civil penalty, payable to the board, of up to one thousand dollars ($1,000) per day for each day that the documents have not been produced after the 30th day, up to ten thousand dollars ($10,000), unless the health care facility is unable to provide the documents within this time period for good cause. For health care facilities that have electronic health records, failure to provide the authorizing patient’s certified medical records to the board within 15 days of receiving the request, authorization, and notice shall subject the health care facility to a civil penalty, payable to the board, of up to one thousand dollars ($1,000) per day for each day that the documents have not been produced after the 15th day, up to ten thousand dollars ($10,000), unless the health care facility is unable to provide the documents within this time period for good cause. This paragraph shall not require health care facilities to assist the board in obtaining the patient’s authorization. The board shall pay the reasonable costs of copying the certified medical records. (b) (1) A licensee who fails or refuses to comply with a court order, issued in the enforcement of a subpoena, mandating the release of records to the board shall pay to the board a civil penalty of one thousand dollars ($1,000) per day for each day that the documents have not been produced after the date by which the court order requires the documents to be produced, up to ten thousand dollars ($10,000), unless it is determined that the order is unlawful or invalid. Any statute of limitations applicable to the filing of an accusation by the board shall be tolled upon the service of an order to show cause pursuant to Section 11188 of the Government Code, until such time as the subpoenaed records are produced, including during any period the licensee is out of compliance with the court order and during any related appeals, or until the court declines to issue an order mandating release of records to the board. (2) Any licensee who fails or refuses to comply with a court order, issued in the enforcement of a subpoena, mandating the release of records to the board is guilty of a misdemeanor punishable by a fine payable to the board not to exceed five thousand dollars ($5,000). The fine shall be added to the licensee’s renewal fee if it is not paid by the next succeeding renewal date. Any statute of limitations applicable to the filing of an accusation by the board shall be tolled during the period the licensee is out of compliance with the court order and during any related appeals. (3) A health care facility that fails or refuses to comply with a court order, issued in the enforcement of a subpoena, mandating the release of patient records to the board, that is accompanied by a notice citing this section and describing the penalties for failure to comply with this section, shall pay to the board a civil penalty of up to one thousand dollars ($1,000) per day for each day that the documents have not been produced, up to ten thousand dollars ($10,000), after the date by which the court order requires the documents to be produced, unless it is determined that the order is unlawful or invalid. Any statute of limitations applicable to the filing of an accusation by the board against a licensee shall be tolled during the period the health care facility is out of compliance with the court order and during any related appeals, or until the court declines to issue an order mandating release of records to the board. (4) Any health care facility that fails or refuses to comply with a court order, issued in the enforcement of a subpoena, mandating the release of records to the board is guilty of a misdemeanor punishable by a fine payable to the board not to exceed five thousand dollars ($5,000). Any statute of limitations applicable to the filing of an accusation by the board against a licensee shall be tolled during the period the health care facility is out of compliance with the court order and during any related appeals. (c) Multiple acts by a licensee in violation of subdivision (b) shall be punishable by a fine not to exceed five thousand dollars ($5,000) or by imprisonment in a county jail not exceeding six months, or by both that fine and imprisonment. Multiple acts by a health care facility in violation of subdivision (b) shall be punishable by a fine not to exceed five thousand dollars ($5,000) and shall be reported to the State Department of Public Health and shall be considered as grounds for disciplinary action with respect to licensure, including suspension or revocation of the license or certificate. (d) A failure or refusal of a licensee to comply with a court order, issued in the enforcement of a subpoena, mandating the release of records to the board constitutes unprofessional conduct and is grounds for suspension or revocation of their license. (e) Imposition of the civil penalties authorized by this section shall be in accordance with the Administrative Procedure Act (Chapter 5 (commencing with Section 11500) of Division 3 of Title 2 of the Government Code). (f) For purposes of this section, “certified medical records” means a copy of the patient’s medical records authenticated by the licensee or health care facility, as appropriate, on a form prescribed by the board. (g) For purposes of this section, a “health care facility” means a clinic or health facility licensed or exempt from licensure pursuant to Division 2 (commencing with Section 1200) of the Health and Safety Code. (Amended by Stats. 2023, Ch. 294, Sec. 14. (SB 815) Effective January 1, 2024.)
  194. 2225.7.

    ## 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 12. Enforcement [2220 - 2319] ( Article 12 added by Stats. 1980, Ch. 1313, Sec. 2. )

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    A pharmacy-licensed entity’s owner, corporate officer, or manager must provide requested records within 3 business days when asked by law enforcement or the board’s representative.

    ## 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 12. Enforcement [2220 - 2319] ( Article 12 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2225.7. When requested by an authorized officer of the law or by an authorized representative of the board, the owner, corporate officer, or manager of an entity licensed by the Board of Pharmacy shall provide the board, or its authorized representative, with the requested records within three business days of the time the request was made. The entity may request in writing an extension of this timeframe for a period not to exceed 14 calendar days from the date the records were requested. A request for an extension of time is subject to the approval of the board. An extension shall be deemed approved if the board fails to deny the extension request within two business days of the time the extension request was made directly to the board. (Added by Stats. 2023, Ch. 294, Sec. 15. (SB 815) Effective January 1, 2024.)
  195. 22250.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 14. Tax Preparers [22250 - 22259] ( Chapter 14 added by Stats. 1996, Ch. 1137, Sec. 51. )

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    This chapter may be cited as the Tax Preparation Act, and statutory references to that name are to be read as references to 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 14. Tax Preparers [22250 - 22259] ( Chapter 14 added by Stats. 1996, Ch. 1137, Sec. 51. ) ## 22250. This chapter shall be known and may be cited as the Tax Preparation Act. Whenever a reference is made to the Tax Preparation Act by any statute, it shall be construed to refer to this chapter. (Added by Stats. 2018, Ch. 597, Sec. 2. (AB 3143) Effective January 1, 2019. Repealed as of January 1, 2028, pursuant to Section 22259.)
  196. 22250.1.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 14. Tax Preparers [22250 - 22259] ( Chapter 14 added by Stats. 1996, Ch. 1137, Sec. 51. )

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    Tax preparers must keep a surety bond, update it when information changes, and report paid claims; they may not operate without a current bond or use a deposit instead.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 14. Tax Preparers [22250 - 22259] ( Chapter 14 added by Stats. 1996, Ch. 1137, Sec. 51. ) ## 22250.1. (a) A tax preparer shall maintain a bond issued by a surety company admitted to do business in this state for each individual preparing tax returns for another person. The principal sum of the bond shall be five thousand dollars ($5,000). A tax preparer subject to this section shall provide to the surety company proof that the individual is at least 18 years of age before a surety bond may be issued. (b) The bond required by this section shall be in favor of, and payable to, the people of the State of California and shall be for the benefit of any person or persons damaged by any fraud, dishonesty, misstatement, misrepresentation, deceit, or any unlawful acts or omissions by the tax preparer, or the tax preparers employed or associated with it to provide tax preparation services. (c) The tax preparer filing the bond shall identify all tax preparers employed or associated with the tax preparer and shall provide for each employee or associate the evidence required by subdivision (a) to the surety company. A tax preparer employed or associated with a tax preparer shall be covered by the bond of the tax preparer with which the tax preparer is employed or associated. However, in no event shall the total bond required for any single tax preparer and the tax preparers employed or associated with it be required to exceed one hundred twenty-five thousand dollars ($125,000). The aggregate liability of the surety to any and all persons regardless of the number of claims against the bond or the number of years the bond remains in force shall not exceed five thousand dollars ($5,000) for any one tax preparer. Any revision of the bond amount shall not be cumulative. The liability of the surety on the bond shall not include payment of any civil penalties, fines, attorney’s fees, or any other cost provided by statute or regulation. (d) The tax preparer shall file an amendment to the bond within 30 days of a change in information contained in the bond, including a change in the tax preparers employed or associated with the tax preparer. (e) (1) A tax preparer shall not conduct business without having a current surety bond in the amount prescribed by this section. (2) Thirty days prior to the cancellation or termination of any surety bond required by this section, the surety shall send a written notice of that cancellation or termination to the tax preparer and the California Tax Education Council, identifying the bond and the date of cancellation or termination. (3) If a tax preparer fails to obtain a new bond by the effective date of the cancellation or termination of the former bond, the tax preparer shall cease to conduct business until that time as a new surety bond is obtained. (f) Notwithstanding Section 995.710 of the Code of Civil Procedure, a tax preparer shall not make a deposit in lieu of bond. (g) A tax preparer shall furnish evidence of the bond required by this section upon the request of any state or federal agency or any law enforcement agency or the California Tax Education Council. (h) On and after July 1, 2019, a tax preparer shall report a paid claim against its surety bond to the council, and the council shall post a notice of the claim on its internet website. (Amended by Stats. 2019, Ch. 497, Sec. 17. (AB 991) Effective January 1, 2020. Repealed as of January 1, 2028, pursuant to Section 22259.)
  197. 22251.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 14. Tax Preparers [22250 - 22259] ( Chapter 14 added by Stats. 1996, Ch. 1137, Sec. 51. )

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    This section defines key terms for tax preparers, tax returns, clients, refund anticipation loans, fee schedules, approved curriculum providers, councils, and registrants.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 14. Tax Preparers [22250 - 22259] ( Chapter 14 added by Stats. 1996, Ch. 1137, Sec. 51. ) ## 22251. For the purposes of this chapter, the following terms have the following meanings: (a) (1) Except as otherwise provided in paragraph (2), “tax preparer” includes: (A) A person who, for a fee or for other consideration, assists with or prepares tax returns for another person or who assumes final responsibility for completed work on a return on which preliminary work has been done by another person, or who holds himself or herself out as offering those services. A person engaged in that activity shall be deemed to be a separate person for the purposes of this chapter, irrespective of affiliation with, or employment by, another tax preparer. (B) A corporation, partnership, association, or other entity that has associated with it persons not exempted under Section 22258, which persons shall have as part of their responsibilities the preparation of data and ultimate signatory authority on tax returns or that holds itself out as offering those services or having that authority. (2) Notwithstanding paragraph (1), “tax preparer” does not include an employee who, as part of the regular clerical duties of his or her employment, prepares his or her employer’s income, sales, or payroll tax returns. (b) “Tax return” means a return, declaration, statement, refund claim, or other document required to be made or filed in connection with state or federal income taxes or state bank and corporation franchise taxes. (c) An “approved curriculum provider,” for purposes of basic instruction as described in subdivision (a) of Section 22255, and continuing education as described in subdivision (b) of Section 22255, is one who has been approved by the council as defined in subdivision (d). (d) “Council” means the California Tax Education Council that is a single nonprofit organization exempt from taxation under Section 501(c)(3) of Title 26 of the United States Code. (e) “Client” or “customer” means an individual for whom a tax preparer performs or agrees to perform tax preparation services. (f) “Refund anticipation loan” means a loan, whether provided by the tax preparer or another entity, such as a financial institution, in anticipation of, and whose payment is secured by, a client’s federal or state income tax refund or by both. (g) “Refund anticipation loan fee schedule” means a list or table of refund anticipation loan fees that includes three or more representative refund anticipation loan amounts. The schedule shall separately list each fee or charge imposed, as well as a total of all fees imposed, related to the making of a refund anticipation loan. The schedule shall also include, for each representative loan amount, the estimated annual percentage rate calculated under the guidelines established by the federal Truth in Lending Act (15 U.S.C. Sec. 1601 et seq.). (h) “Registrant” means a tax preparer that has met all of the requirements of this chapter and has been issued a registration by the council. (Amended by Stats. 2018, Ch. 597, Sec. 3. (AB 3143) Effective January 1, 2019. Repealed as of January 1, 2028, pursuant to Section 22259.)
  198. 22251.1.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 14. Tax Preparers [22250 - 22259] ( Chapter 14 added by Stats. 1996, Ch. 1137, Sec. 51. )

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    This section states the chapter’s intent: help consumers identify credible, bonded, and registered tax preparers, ensure preparers are educated and handle confidential information properly, prohibit fraudulent or misleading statements, and support a nonprofit oversight body that registers preparers and checks compliance.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 14. Tax Preparers [22250 - 22259] ( Chapter 14 added by Stats. 1996, Ch. 1137, Sec. 51. ) ## 22251.1. It is the intent of this chapter to enable consumers to easily identify credible tax preparers who are bonded and registered, to ensure tax preparers receive adequate education and treat confidential information appropriately, to prohibit tax preparers from making fraudulent, untrue, or misleading representations, and to provide for a self-funded nonprofit oversight body to register tax preparers and ensure that they meet all of the requirements of this chapter. (Added by Stats. 2013, Ch. 660, Sec. 2. (SB 484) Effective January 1, 2014. Repealed as of January 1, 2028, pursuant to Section 22259.)
  199. 22251.2.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 14. Tax Preparers [22250 - 22259] ( Chapter 14 added by Stats. 1996, Ch. 1137, Sec. 51. )

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    The California Tax Education Council must carry out its chapter duties, may take reasonable actions and adopt rules, and must keep fees within reasonable cost; its board meetings are subject to the Bagley-Keene Open Meeting Act.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 14. Tax Preparers [22250 - 22259] ( Chapter 14 added by Stats. 1996, Ch. 1137, Sec. 51. ) ## 22251.2. (a) The California Tax Education Council, as defined in subdivision (d) of Section 22251, shall carry out the responsibilities and duties set forth in this chapter. (b) Protection of the public shall be the highest priority for the council in exercising its registration and disciplinary authority, and any other functions. Whenever the protection of the public is inconsistent with other interests sought to be promoted, the protection of the public shall be paramount. (c) The council shall be governed by a board of directors comprised of the following: (1) Not more than one representative from each California nonprofit corporation in good standing that chooses to participate in the council and that represents tax preparers, enrolled agents, attorneys, or certified public accountants with a membership in California of at least 400 in each of the previous three calendar years. (2) Not more than one representative from each for-profit tax preparation corporation in good standing that chooses to participate in the council and that had at least 400 employees or franchisees, which number can include the employees of a franchisee, in California during the previous calendar year and that has been operating in California for the last three years. (3) Six individuals who are tax preparers pursuant to Section 22255 and are appointed through a process established by the council to the board of directors with full voting privileges to serve terms as determined by the council, with their initial terms being served on a staggered basis. A person exempt from the requirements of this chapter pursuant to Section 22258 is not eligible for appointment to the council, other than an employee of an individual in an exempt category. (d) The meetings of the board of directors shall be subject to 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). The board of directors may adopt additional policies and procedures that provide greater transparency to registrants and the public than required by the Bagley-Keene Open Meeting Act. (e) The council may take any reasonable actions to carry out the responsibilities and duties set forth in this chapter, including, but not limited to, hiring staff and entering into contracts. (f) The council shall issue registrations, deny applications, and discipline registrants as authorized by this chapter. The council may adopt bylaws, rules, regulations, and procedures necessary to effectuate the purposes of this chapter. (g) The council shall establish application fees, renewal fees, delinquent fees, and other fees related to the regulatory cost of providing services and carrying out the council’s responsibilities and duties pursuant to this chapter. These fees shall not exceed the reasonable cost to the council of providing those services and carrying out those responsibilities and duties. (Amended by Stats. 2018, Ch. 597, Sec. 4. (AB 3143) Effective January 1, 2019. Repealed as of January 1, 2028, pursuant to Section 22259.)
  200. 22251.3.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 14. Tax Preparers [22250 - 22259] ( Chapter 14 added by Stats. 1996, Ch. 1137, Sec. 51. )

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    The council must issue a registration if an applicant meets the chapter’s requirements and follows the council’s rules. An applicant must file a written application, prove eligibility, complete specified requirements, pay required fees, and renew the registration every year or it expires.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 14. Tax Preparers [22250 - 22259] ( Chapter 14 added by Stats. 1996, Ch. 1137, Sec. 51. ) ## 22251.3. (a) The council shall issue a registration to any applicant who provides satisfactory evidence that he or she meets all of the requirements of this chapter and who complies with the bylaws, rules, and procedures established by the council. (b) In order to obtain a registration, an applicant shall submit a written application in a form provided by the council and provide the council with satisfactory evidence that he or she meets all of the following requirements: (1) The applicant has successfully completed the educational requirements described in subdivision (a) of Section 22255. (2) The applicant has successfully passed a background investigation pursuant to Section 22253.5. (3) All fees required by the council as described in subdivision (c) of Section 22251.2 have been paid. (4) The applicant meets all of the other requirements for registration in this chapter. (c) Any registration under this chapter shall be subject to renewal every year in a manner prescribed by the council, and shall expire unless renewed in that manner. The council may provide for the late renewal of a registration. (Amended by Stats. 2018, Ch. 597, Sec. 5. (AB 3143) Effective January 1, 2019. Repealed as of January 1, 2028, pursuant to Section 22259.)

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