Business and Professions Code — Part 18 | BPC — United States — California law | Esheria

Business and Professions Code

Part 18 of 52 · provisions 3,401–3,600

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

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About this statute

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

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Provisions of Business and Professions Code

Showing 200 of 10,364

  1. 22251.4.

    ## 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 keep a searchable public registry of registrants on its website and show whether each registrant is in annual 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. ) ## 22251.4. (a) The council shall establish and maintain on its Internet Web site a searchable public registry of registrants. Each registrant’s listing shall clearly indicate whether the registrant is actively in compliance with the annual registration requirements and shall include any of the following information that is applicable to the registrant: (1) The registrant’s name and mailing address. (2) The registrant’s California Tax Education Council registration number. (3) Any other information the council believes would be beneficial to consumers of tax preparation services that is consistent with protecting the public pursuant to subdivision (b) of Section 22251.2. (b) The Internet Web site of the council shall contain direct links to the Internet Web sites maintained by the California Board of Accountancy, the State Bar of California, and the Internal Revenue Service where public information regarding tax preparers exempt from this chapter may be obtained. (Added by Stats. 2018, Ch. 597, Sec. 6. (AB 3143) Effective January 1, 2019. Repealed as of January 1, 2028, pursuant to Section 22259.)
  2. 22252.

    ## 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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    Before providing tax preparation services, a tax preparer must give the customer certain information in writing.

    ## 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. ) ## 22252. Prior to rendering any tax preparation services, a tax preparer shall provide the customer in writing with the following: (a) The tax preparer’s name, address, and telephone number. (b) Evidence of compliance with the bonding requirement of Section 22250.1, including the bond number, if any. (c) The address of the Internet Web site of the council. (Amended by Stats. 2018, Ch. 597, Sec. 7. (AB 3143) Effective January 1, 2019. Repealed as of January 1, 2028, pursuant to Section 22259.)
  3. 22252.1.

    ## 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 generally may not disclose confidential client or prospective client information without written permission, with listed exceptions.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 14. Tax Preparers [22250 - 22259] ( Chapter 14 added by Stats. 1996, Ch. 1137, Sec. 51. ) ## 22252.1. (a) No confidential information obtained by a tax preparer, in his or her professional capacity, concerning a client or a prospective client shall be disclosed by the tax preparer without the written permission of the client or prospective client, except for the following: (1) Disclosures made by a tax preparer in compliance with a subpoena or a summons enforceable by order of a court. (2) Disclosures made by a tax preparer regarding a client or prospective client to the extent the tax preparer reasonably believes it is necessary to maintain or defend himself or herself in a legal proceeding initiated by the client or prospective client. (3) Disclosures made by a tax preparer in response to an official inquiry from a federal or state government regulatory agency. (4) Disclosures made by a tax preparer or to a tax preparer’s duly authorized representative to another tax preparer in connection with a proposed sale or merger of the tax preparer’s professional practice. (5) Disclosures made by a tax preparer to either of the following: (A) Another tax preparer to the extent necessary for purposes of professional consultation. (B) Organizations that provide professional standards review and ethics or quality control peer review. (6) Disclosures made when specifically required by law. (b) In the event that confidential client information may be disclosed to persons or entities outside the United States of America in connection with the services provided, the tax preparer shall inform the client in writing and obtain the client’s written permission for the disclosure. (c) It is the intent of the Legislature that this section complement and does not replace Section 17530.5 as applied to tax preparers by subdivision (f) of Section 1799.1a of the Civil Code. (Added by Stats. 2004, Ch. 921, Sec. 16. Effective January 1, 2005. Repealed as of January 1, 2028, pursuant to Section 22259.)
  4. 22252.5.

    ## 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 Legislature says tax return preparers should tell clients in writing, before finishing a state income tax return, that voluntary contribution check-offs are available.

    ## 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. ) ## 22252.5. The Legislature finds and declares that it is important to inform taxpayers that they may make voluntary contributions to certain funds or programs, as provided on the state income tax return. The Legislature further finds and declares that many taxpayers remain unaware of the voluntary contribution check-offs on the state income tax return. Therefore, it is the intent of the Legislature to encourage all persons who prepare state income tax returns, including tax preparers, to inform their clients in writing, prior to the completion of any state income tax return, that they may make a contribution to any voluntary contribution check-off on the state income tax return if they so choose. (Amended by Stats. 1998, Ch. 485, Sec. 33. Effective January 1, 1999. Repealed as of January 1, 2028, pursuant to Section 22259.)
  5. 22253.

    ## 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 register, keep required return copies, sign returns when paid, return customer records on demand, and avoid misleading conduct; the council may also discipline 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. ) ## 22253. (a) It is a violation of this chapter for a tax preparer to do or commit, and the council may deny an application for registration or discipline a registrant for, any of the following: (1) Fail to register as a tax preparer with the council. (2) Make, or authorize the making of, any statement or representation, oral or written or recorded by any means, which is intended to induce persons to use the tax preparation service of the tax preparer, which statement or representation is fraudulent, untrue, or misleading. (3) Obtain the signature of a customer to a tax return or authorizing document which contains blank spaces to be filled in after it has been signed. (4) Fail or refuse to give a customer, for his or her own records, a copy of any document requiring the customer’s signature, within a reasonable time after the customer signs the document. (5) Fail to maintain a copy of any tax return prepared for a customer for four years from the date of completion or the due date of the return, whichever is later. (6) Engage in advertising practices which are fraudulent, untrue, or misleading, including, but not limited to, assertions that the bond required by Section 22250.1 in any way implies licensure or endorsement of a tax preparer by the State of California. (7) Violate Section 17530.5. (8) Violate Section 7216 of Title 26 of the United States Code. (9) Fail to sign a customer’s tax return when payment for services rendered has been made. (10) Fail to return, upon the demand by or on behalf of a customer, records or other data provided to the tax preparer by the customer. (11) Knowingly give false or misleading information to the consumer pursuant to Section 22252, or give false or misleading information to the surety company pursuant to subdivision (a) of Section 22250.1, or give false or misleading information to the California Tax Education Council pursuant to Section 22255. (12) Commit unprofessional conduct, including, but not limited to, denial of licensure, certificate, permit, or registration, or revocation, suspension, restriction, or any other disciplinary action against an applicant or registrant by the federal government or another state or territory of the United States, by any other government agency, or by another professional licensing board or organization. A certified copy of the decision, order, or judgment shall be conclusive evidence of these actions. (13) Procure or attempt to procure a registration by fraud, misrepresentation, or mistake. (14) Violate or attempt to violate, directly or indirectly, or assist in or abet the violation of, or conspire to violate, any provision or term of this chapter or any rule or bylaw adopted by the council. (15) Be convicted of any felony or misdemeanor that is substantially related to the qualifications, functions, or duties of a registrant, in which event the record of the conviction shall be conclusive evidence of the crime. (16) Impersonate an applicant or act as a proxy for an applicant in any situation or examination referred to under this chapter for the issuance of a registration. (17) Impersonate a registrant, or permit or allow an unregistered person to use a registration. (18) Commit any fraudulent, dishonest, or corrupt act that is substantially related to the qualifications, functions, or duties of a registrant. (b) Each violation of this section constitutes a separate offense. (c) A violation of paragraphs (12) to (18), inclusive, of subdivision (a) is not subject to subdivision (b) of Section 22256. (d) The council may enter into an agreement with the Franchise Tax Board to provide reimbursement to the Franchise Tax Board for assistance in carrying out enforcement activities consistent with this chapter. (e) Beginning July 1, 2019, the council shall post the following on its Internet Web site: (1) All disciplinary actions taken against registrants by the council, including, but not limited to, misconduct that resulted in a suspension or revocation. (2) A list of registrants on probation, including the misconduct that resulted in the probation and any terms of probation. (Amended by Stats. 2018, Ch. 597, Sec. 8. (AB 3143) Effective January 1, 2019. Repealed as of January 1, 2028, pursuant to Section 22259.)
  6. 22253.1.

    ## 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 who advertise or facilitate refund anticipation loans must make specific disclosures, post fee schedules prominently, and must not misstate or misuse loan terms.

    ## 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. ) ## 22253.1. (a) Any tax preparer who advertises the availability of a refund anticipation loan shall not directly or indirectly represent the loan as a client’s actual refund. Any advertisement that mentions a refund anticipation loan shall state conspicuously that it is a loan and that a fee or interest will be charged by the lending institution. The advertisement shall also disclose the name of the lending institution. (b) Every tax preparer who offers to facilitate, or who facilitates, a refund anticipation loan to a client shall display a refund anticipation loan schedule showing the current fees for refund anticipation loans facilitated at the office, for the electronic filing of the client’s tax return, for setting up a refund account, and any other related activities necessary to receive a refund anticipation loan. The fee schedule shall also include a statement indicating that the client may have the tax return filed electronically without also obtaining a refund anticipation loan. (c) The postings required by this section shall be made in not less than 28-point type on a document measuring not less than 16 by 20 inches. The postings required in this section shall be displayed in a prominent location at each office where any tax preparer is offering to facilitate or facilitating a refund anticipation loan. (d) (1) Prior to the client’s completion of the refund anticipation loan application, a tax preparer that offers to facilitate a refund anticipation loan shall provide to the client a clear, written disclosure containing all of the following information: (A) The refund anticipation loan fee schedule. (B) That a refund anticipation loan is a loan and is not the client’s actual income tax refund. (C) That the taxpayer can file an income tax return electronically without applying for a refund anticipation loan. (D) The average amount of time, according to the Internal Revenue Service, within which a taxpayer who does not obtain a refund anticipation loan can expect to receive a refund if the taxpayer’s return is filed or mailed as follows: (i) Filed electronically and the refund is deposited directly into the taxpayer’s bank account or mailed to the taxpayer. (ii) Mailed to the Internal Revenue Service and the refund is deposited directly into the taxpayer’s bank account or mailed to the taxpayer. (E) That the Internal Revenue Service does not guarantee that it will pay the full amount of the anticipated refund and it does not guarantee a specific date that a refund will be deposited into the taxpayer’s bank account or mailed to the taxpayer. (F) That the client is responsible for the repayment of the refund anticipation loan and the related fees in the event that the tax refund is not paid or paid in full. (G) The estimated time within which the loan proceeds will be paid to the client if the loan is approved. (H) The fee that will be charged, if any, if the client’s loan is not approved. (2) Prior to the client’s consummation of the refund anticipation loan transaction, a tax preparer that facilitates a refund anticipation loan shall provide to the client, in either written or electronic form, the following information: (A) The estimated total fees for obtaining the refund anticipation loan. (B) The estimated annual percentage rate for the client’s refund anticipation loan, using the guidelines established under the federal Truth in Lending Act (15 U.S.C. Sec. 1601 and following). (C) A comparison of the various costs, fees, and finance charges, if applicable, associated with receiving a refund by mail or by direct deposit directly from the Internal Revenue Service, a refund anticipation loan, a refund anticipation check, or any other refund settlement options facilitated by the tax preparation service. (e) This section shall comply with the language requirements set forth in Section 1632 of the Civil Code. (f) Any tax preparer who offers to facilitate, or who facilitates, a refund anticipation loan may not engage in any of the following activities: (1) Requiring a client to enter into a loan arrangement in order to complete a tax return. (2) Misrepresenting a material factor or condition of a refund anticipation loan. (3) Failing to process the application for a refund anticipation loan promptly after the client applies for the loan. (4) Engaging in any transaction, practice, or course of business that operates a fraud upon any person in connection with a refund anticipation loan. (Added by Stats. 2005, Ch. 396, Sec. 2. Effective January 1, 2006. Repealed as of January 1, 2028, pursuant to Section 22259.)
  7. 22253.2.

    ## 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 Franchise Tax Board must notify the California Tax Education Council when it identifies a violation of Section 22253, and the Council may then notify enforcement officials who may cite the preparer, levy a fine up to $5,000 per violation, or issue a cease and desist order.

    ## 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. ) ## 22253.2. (a) The Franchise Tax Board shall notify the California Tax Education Council when it identifies an individual who has violated paragraph (1) of subdivision (a) of Section 22253. (b) Upon receiving the notice described in subdivision (a), the California Tax Education Council may notify the Attorney General, a district attorney, or a city attorney of the violation. Upon receiving this notice, the Attorney General, a district attorney, or a city attorney may do any of the following: (1) Cite individuals preparing tax returns in violation of subdivision (a) of Section 22253. (2) Levy a fine up to five thousand dollars ($5,000) per violation. (3) Issue a cease and desist order, which shall remain in effect until the individual has complied with paragraph (1) of subdivision (a) of Section 22253. (c) The California Tax Education Council may enter into an agreement with the Franchise Tax Board to provide reimbursement to the Franchise Tax Board for any expenses incurred by the Franchise Tax Board to implement subdivision (a) of this section. (Amended by Stats. 2011, Ch. 432, Sec. 34. (SB 944) Effective January 1, 2012. Repealed as of January 1, 2028, pursuant to Section 22259.)
  8. 22253.3.

    ## 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 may discipline registrants, including probation, suspension, revocation, or other authorized action, and may issue an initial probationary registration to an applicant.

    ## 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. ) ## 22253.3. (a) The council may discipline a registrant by any, or a combination, of the following methods: (1) Placing the registration on probation. (2) Suspending the registration and the rights conferred by this chapter on a registrant for a period not to exceed one year. (3) Revoking the registration. (4) Suspending or staying the disciplinary order, or portions of it, with or without conditions. (5) Taking other action as the council, as authorized by this chapter or its bylaws, rules, or procedures, deems proper. (b) The council may issue an initial registration on probation, with specific terms and conditions, to any applicant. (c) If a registration is suspended or revoked, the council shall notify the Franchise Tax Board and the Internal Revenue Service. (Added by Stats. 2013, Ch. 660, Sec. 7. (SB 484) Effective January 1, 2014. Repealed as of January 1, 2028, pursuant to Section 22259.)
  9. 22253.4.

    ## 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 gives applicants and registrants procedural protections before registration denial or discipline, including notice, a chance to be heard, and time limits for court challenges.

    ## 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. ) ## 22253.4. (a) No registrant or applicant may be disciplined or denied registration except according to procedures satisfying the requirements of this section. A denial or discipline not in accord with this section shall be void and without effect. (b) Any application denial or registrant discipline shall be done in good faith and in a fair and reasonable manner. Any procedures that conform to the requirements of this chapter are fair and reasonable, but a court may also find other procedures to be fair and reasonable when the full circumstances of the application denial or registrant discipline are considered. (c) A procedure is fair and reasonable if all of the following apply: (1) It provides the giving of 15 days prior notice of the application denial or registration discipline and the reasons therefor. (2) It provides an opportunity for the applicant or registrant to be heard, either orally or in writing, not less than five days before the effective date of the application denial or registrant discipline by a person or body authorized to decide that the proposed application denial or registrant discipline not take place. (d) Any notice required under this section may be given by any method reasonably calculated to provide actual notice. Any notice given by mail must be given by first-class or express mail sent to the last address of the applicant or registrant shown on the council’s records. (e) Any action challenging an application denial or registrant discipline, including any claim alleging defective notice, shall be commenced within one year after the effective date of the application denial or registrant discipline in the superior court in and for the county of the council’s principal place of business. If the action is successful, the court may order any relief, including reinstatement, that it finds equitable under the circumstances. (f) The council may charge applicants and registrants a reasonable regulatory fee as a condition of any hearing requested by the applicant or registrant for the purpose of contesting denial of a registration or discipline of a registrant. This fee shall not exceed the reasonable cost to the council of providing the hearing. Upon a favorable judgment for the council in any proceeding, the council shall be entitled to recover its reasonable attorney’s fees. (g) This section governs only the procedures for application denial or registrant discipline and not the substantive grounds therefor. An application denial or registrant discipline based upon substantive grounds that violates contractual or other rights of the applicant or registrant or is otherwise unlawful is not made valid by compliance with this section. (Added by Stats. 2013, Ch. 660, Sec. 8. (SB 484) Effective January 1, 2014. Repealed as of January 1, 2028, pursuant to Section 22259.)
  10. 22253.5.

    ## 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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    For tax preparer registration, the council must require fingerprint images and send them to the Department of Justice for background screening.

    ## 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. ) ## 22253.5. (a) Beginning July 1, 2020, as a condition of registration, the council shall require the applicant to submit fingerprint images as directed by the council and in a form consistent with the requirements of this section. (b) The council shall submit the fingerprint images and related information to the Department of Justice for the purpose of obtaining information as to the existence and nature of a record of state- and federal-level convictions and of state- and federal-level arrests for which the Department of Justice establishes that the applicant was released on bail or on his or her own recognizance pending trial. (c) Requests for federal-level criminal offender record information received by the Department of Justice pursuant to this section shall be forwarded to the Federal Bureau of Investigation by the Department of Justice. The Department of Justice shall review the information returned from the Federal Bureau of Investigation, and shall compile and disseminate a fitness determination regarding the applicant. The Department of Justice shall provide information to the council pursuant to subdivision (p) of Section 11105 of the Penal Code. (d) The Department of Justice and the council shall charge a fee sufficient to cover the cost of processing the request for state- and federal-level criminal offender record information. (e) The council shall request subsequent arrest notification service from the Department of Justice, as provided under Section 11105.2 of the Penal Code, for all applicants for registration for whom fingerprint images and related information are submitted to conduct a search for state- and federal-level criminal offender record information. (f) The council may receive arrest notifications and other background materials about applicants and registrants from a city, county, or city and county. (Added by Stats. 2018, Ch. 597, Sec. 10. (AB 3143) Effective January 1, 2019. Repealed as of January 1, 2028, pursuant to Section 22259.)
  11. 22254.

    ## 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 preparer education providers must follow council-approved standards, and the council must act on approval requests within 120 days.

    ## 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. ) ## 22254. A provider of tax preparer education for tax preparers shall meet standards and procedures as approved by the council. The council shall either approve or decline to approve providers of tax preparer education within 120 days of receiving a request for approval. If approval is not declined within 120 days, the provider shall be deemed approved. A listing of those providers approved by the council shall be made available to tax preparers upon request. (Amended by Stats. 2001, Ch. 728, Sec. 67.4. Effective January 1, 2002. Repealed as of January 1, 2028, pursuant to Section 22259.)
  12. 22255.

    ## 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 completion/compliance certificates to tax preparers who meet specified education and bonding proof requirements, and tax preparers must complete annual continuing education.

    ## 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. ) ## 22255. (a) The council shall issue a “certificate of completion,” as part of the education registration requirements described in Section 22251.3, to the tax preparer when the tax preparer demonstrates that he or she has (1) completed not less than 60 hours of instruction in basic personal income tax law, theory, and practice by an approved curriculum provider within the previous 18 months; and (2) provides evidence of compliance with the bonding requirement of Section 22250.1, including the name of the surety company, the bond number, and the bond expiration date. Of the required 60 hours, 45 hours shall be concerned with federal tax curriculum and 15 hours shall be concerned with state tax curriculum. (b) A tax preparer shall complete on an annual basis not less than 20 hours of continuing education, including 15 hours in federal taxation and 5 hours in California taxation from an approved curriculum provider. The council shall issue annually a “statement of compliance” when the tax preparer demonstrates that he or she has (1) completed the required 20 hours of continuing education, and (2) provides evidence of compliance with the bonding requirement of Section 22250.1, including the name of the surety company, the bond number, and the bond expiration date. (c) An individual who possesses a minimum of two recent years’ experience in the preparation of personal income tax returns may petition the council to review the experience and determine if it is the equivalent of the required qualifying education described in subdivision (a). The council may provide that individual with a “certificate of completion” if it is determined that the experience is the equivalent of the required hours. Tax preparation performed in situations that violate this chapter, by an individual who is neither registered nor exempted, may not be used toward the qualifying experience needed for registration as a tax preparer. (Amended by Stats. 2018, Ch. 597, Sec. 11. (AB 3143) Effective January 1, 2019. Repealed as of January 1, 2028, pursuant to Section 22259.)
  13. 22256.

    ## 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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    A superior court may issue an injunction against a tax preparer who violates this chapter, and a violator is guilty of 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 14. Tax Preparers [22250 - 22259] ( Chapter 14 added by Stats. 1996, Ch. 1137, Sec. 51. ) ## 22256. (a) The superior court in and for the county in which any person acts as a tax preparer in violation of the provisions of this chapter, may, upon a petition by any person, issue an injunction or other appropriate order restraining the conduct. The proceedings under this paragraph shall be governed by Chapter 3 (commencing with Section 525) of Title 7 of Part 2 of the Code of Civil Procedure. (b) Except as provided in paragraphs (12) to (18), inclusive, of subdivision (a) of Section 22253, a person who violates a provision of this chapter is guilty of a misdemeanor, which offense is punishable by a fine not exceeding one thousand dollars ($1,000), or by imprisonment in a county jail for not more than one year, or by both. (Amended by Stats. 2018, Ch. 597, Sec. 12. (AB 3143) Effective January 1, 2019. Repealed as of January 1, 2028, pursuant to Section 22259.)
  14. 22257.

    ## 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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    If a tax preparer fails to perform a duty required by this chapter, any person may sue to enforce the duty or recover a $1,000 civil penalty, and a prevailing plaintiff may also recover reasonable attorney’s fees and costs.

    ## 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. ) ## 22257. (a) If a tax preparer fails to perform a duty specifically imposed upon him or her pursuant to this chapter, any person may maintain an action for enforcement of those duties or to recover a civil penalty in the amount of one thousand dollars ($1,000), or for both enforcement and recovery. (b) In an action to enforce these duties or to recover civil penalties, or for both enforcement and recovery, the prevailing plaintiff shall be entitled to reasonable attorney’s fees and costs, in addition to the civil penalties provided under subdivision (a). (Added by Stats. 1996, Ch. 1137, Sec. 51. Effective January 1, 1997. Operative July 1, 1997, by Sec. 54 of Ch. 1137. Repealed as of January 1, 2028, pursuant to Section 22259.)
  15. 22258.

    ## 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 exempts several listed people and entities from the title’s requirements, but limits when employees may sign tax returns.

    ## 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. ) ## 22258. (a) The following persons are exempt from the requirements of this title, subject to the requirements of subdivision (b): (1) An individual with a current and valid license issued by the California Board of Accountancy, or authorized to practice public accountancy pursuant to Article 5.1 (commencing with Section 5096) of Chapter 1 of Division 3. (2) A firm, including the firm’s partners, shareholders, owners, or employees, provided the firm has a current and valid license issued by the California Board of Accountancy. (3) A person who is an active member of the State Bar of California. (4) Any trust company or trust business as defined in Chapter 1 (commencing with Section 99) of Division 1 of the Financial Code. (5) A financial institution regulated by the state or federal government, insofar as the activities of the financial institution with respect to tax preparation are subject to federal or state examination or oversight. (6) A person who is enrolled to practice before the Internal Revenue Service pursuant to Subpart A (commencing with Section 10.1) of Part 10 of Title 31 of the Code of Federal Regulations. (7) Any employee of any person described in paragraph (1), (2), (3), (4), (5), or (6), while functioning within the scope of that employment, insofar that the employee is supervised by a person exempt under this subdivision who reviews the return, signs it, and is responsible for its content. (8) Any employee of any corporation, partnership, association, or any entity described in subparagraph (B) of paragraph (1) of subdivision (a) of Section 22251. (b) (1) Except for employees of entities described in paragraph (4) or (5) of subdivision (a), paragraph (7) of subdivision (a) shall apply only if all tax returns prepared by that employee are signed by a person described in paragraph (1), (2), (3), or (6) of subdivision (a). (2) Paragraph (8) of subdivision (a) shall apply only if all tax returns prepared by that employee are signed by the person described in paragraph (8) of subdivision (a). (3) No person described in this subdivision as an employee may sign a tax return, unless that employee is otherwise exempt under this section, is registered as a tax preparer with the council, or is an employee of either a trust company or trust business described in paragraph (4) of subdivision (a), or any employee of a financial institution described in paragraph (5) of subdivision (a). (c) For purposes of this section, preparation of a tax return includes the inputting of tax data into a computer. (d) The amendments made to this section by the act adding this subdivision shall apply to tax returns prepared for taxable years beginning on or after January 1, 2025. (Amended by Stats. 2025, Ch. 329, Sec. 1. (SB 788) Effective January 1, 2026. Repealed as of January 1, 2028, pursuant to Section 22259.)
  16. 22259.

    ## 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. )

    Verify source ↗

    This chapter is subject to review by the Legislature’s appropriate policy committees and is repealed on January 1, 2028.

    ## 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. ) ## 22259. (a) This chapter shall be subject to review by the appropriate policy committees of the Legislature. (b) This chapter shall remain in effect only until January 1, 2028, and as of that date is repealed. (Amended by Stats. 2023, Ch. 185, Sec. 1. (SB 812) Effective January 1, 2024. Repealed as of January 1, 2028, by its own provisions. Note: Repeal affects Chapter 14, commencing with Section 22250.)
  17. 2226.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by 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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    State hospital-enforcement officials may inspect certain hospitals, require reports, and inspect medical records for compliance purposes.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by 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. ) ## 2226. The Division of Medical Quality or the Senior Assistant Attorney General of the Health Quality Enforcement Section may inspect a licensed general or specialized hospital and require reports from them to determine if the hospital has adopted and is complying with the provisions of Sections 2282 and 2283. They may inspect medical staff and patient hospital medical records subject to the provisions of Section 2225. Notwithstanding Section 2224, the division’s authority under this section shall be delegated only to a licensed physician and surgeon. (Amended by Stats. 1990, Ch. 1597, Sec. 11.)
  18. 2227.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by 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 licensee facing disciplinary proceedings may receive revocation, suspension, probation, a public reprimand, or other discipline ordered by the board. Most matters heard under this subdivision are public and must be made available, except for listed confidential or excluded items.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by 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. ) ## 2227. (a) A licensee whose matter has been heard by an administrative law judge of the Medical Quality Hearing Panel as designated in Section 11371 of the Government Code, or whose default has been entered, and who is found guilty, or who has entered into a stipulation for disciplinary action with the board, may, in accordance with the provisions of this chapter: (1) Have his or her license revoked upon order of the board. (2) Have his or her right to practice suspended for a period not to exceed one year upon order of the board. (3) Be placed on probation and be required to pay the costs of probation monitoring upon order of the board. (4) Be publicly reprimanded by the board. The public reprimand may include a requirement that the licensee complete relevant educational courses approved by the board. (5) Have any other action taken in relation to discipline as part of an order of probation, as the board or an administrative law judge may deem proper. (b) Any matter heard pursuant to subdivision (a), except for warning letters, medical review or advisory conferences, professional competency examinations, continuing education activities, and cost reimbursement associated therewith that are agreed to with the board and successfully completed by the licensee, or other matters made confidential or privileged by existing law, is deemed public, and shall be made available to the public by the board pursuant to Section 803.1. (Amended by Stats. 2009, Ch. 505, Sec. 6. (AB 1070) Effective January 1, 2010.)
  19. 2227.3.

    ## 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 may let its executive director issue a confidential letter of advice to resolve certain minor complaints, and the board must adopt regulations to carry out 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 12. Enforcement [2220 - 2319] ( Article 12 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2227.3. (a) The board may delegate to its executive director the authority to issue an administrative confidential letter of advice to a licensee to resolve a complaint for an alleged minor violation of this chapter that is not related to patient care. The letter of advice may include an agreement by the licensee to complete one or more relevant educational courses approved by the board, or its designee, or take other remedial action to resolve the complaint. (b) The complaint and confidential letter of advice shall be maintained for three years from the date the complaint was received, and if no further complaint against the licensee is received, the complaint and confidential letter of advice shall be purged. (c) A licensee’s failure to take the remedial action within the timeframe agreed upon constitutes unprofessional conduct. (d) The board shall adopt regulations pursuant to the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code) to implement this section. (Added by Stats. 2021, Ch. 649, Sec. 17. (SB 806) Effective January 1, 2022.)
  20. 2227.5.

    ## 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 board must keep a copy of certain complaints for a limited time when there is not enough evidence to proceed with 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. ) ## 2227.5. The board shall keep a copy of a complaint it receives concerning the unprofessional conduct of a licensee for seven years or until the statute of limitations for filing an accusation against a licensee has expired, whichever period is shorter, if the board finds after an investigation that there is insufficient evidence to proceed with disciplinary action. (Added by Stats. 2002, Ch. 816, Sec. 1. Effective January 1, 2003.)
  21. 2228.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by 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 place a licensee on probation and use several probation conditions, including extra training, examinations, diagnostic exams, practice limits, and alternative community service in some cases.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 12. Enforcement [2220 - 2319] ( Article 12 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2228. The authority of the board or the California Board of Podiatric Medicine to discipline a licensee by placing him or her on probation includes, but is not limited to, the following: (a) Requiring the licensee to obtain additional professional training and to pass an examination upon the completion of the training. The examination may be written or oral, or both, and may be a practical or clinical examination, or both, at the option of the board or the administrative law judge. (b) Requiring the licensee to submit to a complete diagnostic examination by one or more physicians and surgeons appointed by the board. If an examination is ordered, the board shall receive and consider any other report of a complete diagnostic examination given by one or more physicians and surgeons of the licensee’s choice. (c) Restricting or limiting the extent, scope, or type of practice of the licensee, including requiring notice to applicable patients that the licensee is unable to perform the indicated treatment, where appropriate. (d) Providing the option of alternative community service in cases other than violations relating to quality of care. (Amended by Stats. 2007, Ch. 678, Sec. 19. Effective January 1, 2008.)
  22. 2228.1.

    ## 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 require certain probation disclosure to patients, and licensees must get a signed copy unless a listed exception applies.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 12. Enforcement [2220 - 2319] ( Article 12 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2228.1. (a) On and after July 1, 2019, except as otherwise provided in subdivision (c), the board and the Podiatric Medical Board of California shall require a licensee to provide a separate disclosure that includes the licensee’s probation status, the length of the probation, the probation end date, all practice restrictions placed on the licensee by the board, the board’s telephone number, and an explanation of how the patient can find further information on the licensee’s probation on the licensee’s profile page on the board’s online license information internet website, to a patient or the patient’s guardian or health care surrogate before the patient’s first visit following the probationary order while the licensee is on probation pursuant to a probationary order made on and after July 1, 2019, in any of the following circumstances: (1) A final adjudication by the board following an administrative hearing or admitted findings or prima facie showing in a stipulated settlement establishing any of the following: (A) The commission of any act of sexual abuse, misconduct, or relations with a patient or client as defined in Section 726 or 729. (B) Drug or alcohol abuse directly resulting in harm to patients or the extent that such use impairs the ability of the licensee to practice safely. (C) Criminal conviction directly involving harm to patient health. (D) Inappropriate prescribing resulting in harm to patients and a probationary period of five years or more. (2) An accusation or statement of issues alleged that the licensee committed any of the acts described in subparagraphs (A) to (D), inclusive, of paragraph (1), and a stipulated settlement based upon a nolo contendere or other similar compromise that does not include any prima facie showing or admission of guilt or fact but does include an express acknowledgment that the disclosure requirements of this section would serve to protect the public interest. (b) A licensee required to provide a disclosure pursuant to subdivision (a) shall obtain from the patient, or the patient’s guardian or health care surrogate, a separate, signed copy of that disclosure. (c) A licensee shall not be required to provide a disclosure pursuant to subdivision (a) if any of the following applies: (1) The patient is unconscious or otherwise unable to comprehend the disclosure and sign the copy of the disclosure pursuant to subdivision (b) and a guardian or health care surrogate is unavailable to comprehend the disclosure and sign the copy. (2) The visit occurs in an emergency room or an urgent care facility or the visit is unscheduled, including consultations in inpatient facilities. (3) The licensee who will be treating the patient during the visit is not known to the patient until immediately prior to the start of the visit. (4) The licensee does not have a direct treatment relationship with the patient. (d) On and after July 1, 2019, the board shall provide the following information, with respect to licensees on probation and licensees practicing under probationary licenses, in plain view on the licensee’s profile page on the board’s online license information internet website. (1) For probation imposed pursuant to a stipulated settlement, the causes alleged in the operative accusation along with a designation identifying those causes by which the licensee has expressly admitted guilt and a statement that acceptance of the settlement is not an admission of guilt. (2) For probation imposed by an adjudicated decision of the board, the causes for probation stated in the final probationary order. (3) For a licensee granted a probationary license, the causes by which the probationary license was imposed. (4) The length of the probation and end date. (5) All practice restrictions placed on the license by the board. (e) Section 2314 shall not apply to this section. (Amended by Stats. 2021, Ch. 649, Sec. 18. (SB 806) Effective January 1, 2022.)
  23. 2228.5.

    ## 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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    A physician and surgeon may not automatically deny treatment or medication to a qualified patient solely because of a positive THC screen or reported medical cannabis use without first doing a case-by-case evaluation.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by 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. ) ## 2228.5. (a) A physician and surgeon shall not automatically deny treatment or medication to a qualified patient based solely on a positive drug screen for tetrahydrocannabinol (THC) or report of medical cannabis use without first completing a case-by-case evaluation of the patient that includes, but is not limited to, a determination that the qualified patient’s use of medical cannabis is medically significant to the treatment or medication. (b) The use of medical cannabis that has been recommended by a licensed physician and surgeon shall not constitute the use of an illicit substance in the evaluation described in subdivision (a). (c) No physician and surgeon shall be punished, or denied any right or privilege, for having administered treatment or medication to a qualified patient within the requirements of this section and consistent with the standard of care. (d) For purposes of this section, the following terms have the following meanings: (1) “Medically significant” means that a physician and surgeon has made a clinical determination that may include, but is not limited to, any of the following: (A) The treatment or medication is contraindicated or is likely, or expected, to cause an adverse reaction or physical or mental harm to the qualified patient if administered or used in conjunction with THC or medical cannabis, based on the known clinical characteristics of the patient and the known characteristics and history of the patient’s treatment or medication regimen. (B) The treatment or medication is expected to be ineffective based on the known clinical characteristics of the qualified patient and the known characteristics and history of the patient’s treatment or medication regimen. (C) The treatment or medication, when administered or used in conjunction with THC or medical cannabis, is not clinically appropriate for the qualified patient because the treatment or medication is expected to do any of the following, as determined by a physician and surgeon: (i) Worsen a comorbid condition. (ii) Decrease the capacity to maintain a reasonable functional ability in performing daily activities. (iii) Pose a significant barrier to adherence to, or compliance with, the qualified patient’s drug regimen or plan of care. (D) Any other clinically or medically relevant determination. (2) “Qualified patient” has the same meaning as defined in Section 11362.7 of the Health and Safety Code. (Added by Stats. 2022, Ch. 232, Sec. 1. (AB 1954) Effective January 1, 2023.)
  24. 2229.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by 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 disciplining licensees, the listed medical authorities must prioritize public protection, while also trying to support rehabilitation when possible.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by 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. ) ## 2229. (a) Protection of the public shall be the highest priority for the Division of Medical Quality, the California Board of Podiatric Medicine, and administrative law judges of the Medical Quality Hearing Panel in exercising their disciplinary authority. (b) In exercising his or her disciplinary authority an administrative law judge of the Medical Quality Hearing Panel, the division, or the California Board of Podiatric Medicine, shall, wherever possible, take action that is calculated to aid in the rehabilitation of the licensee, or where, due to a lack of continuing education or other reasons, restriction on scope of practice is indicated, to order restrictions as are indicated by the evidence. (c) It is the intent of the Legislature that the division, the California Board of Podiatric Medicine, and the enforcement program shall seek out those licensees who have demonstrated deficiencies in competency and then take those actions as are indicated, with priority given to those measures, including further education, restrictions from practice, or other means, that will remove those deficiencies. Where rehabilitation and protection are inconsistent, protection shall be paramount. (Amended by Stats. 1993, Ch. 1267, Sec. 24. Effective January 1, 1994.)
  25. 2230.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by 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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    Disciplinary proceedings against a licensee or applicant must follow the Administrative Procedure Act, except as this chapter provides, and the case must be prosecuted by the Senior Assistant Attorney General of the Health Quality Enforcement 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 12. Enforcement [2220 - 2319] ( Article 12 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2230. (a) All proceedings against a licensee for unprofessional conduct, or against an applicant for licensure for unprofessional conduct or cause, shall be conducted in accordance with the Administrative Procedure Act (Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code) except as provided in this chapter, and shall be prosecuted by the Senior Assistant Attorney General of the Health Quality Enforcement Section. (b) For purposes of this article, “agency itself,” as used in the Administrative Procedure Act, means any panel appointed by the board pursuant to Section 2008. The decision or order of a panel imposing any disciplinary action pursuant to this chapter and the Administrative Procedure Act shall be final. (Amended by Stats. 2007, Ch. 678, Sec. 20. Effective January 1, 2008.)
  26. 2230.5.

    ## 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. )

    Verify source ↗

    This section sets filing deadlines for disciplinary accusations against licensees and creates exceptions and tolling rules for fraud, concealment, sexual misconduct, minors, and ongoing criminal investigations.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by 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. ) ## 2230.5. (a) Except as provided in subdivisions (b), (c), and (e), any accusation filed against a licensee pursuant to Section 11503 of the Government Code shall be filed within three years after the board, or a division thereof, discovers the act or omission alleged as the ground for disciplinary action, or within seven years after the act or omission alleged as the ground for disciplinary action occurs, whichever occurs first. (b) An accusation filed against a licensee pursuant to Section 11503 of the Government Code alleging the procurement of a license by fraud or misrepresentation is not subject to the limitation provided for by subdivision (a). (c) An accusation filed against a licensee pursuant to Section 11503 of the Government Code alleging unprofessional conduct based on incompetence, gross negligence, or repeated negligent acts of the licensee is not subject to the limitation provided for by subdivision (a) upon proof that the licensee intentionally concealed from discovery his or her incompetence, gross negligence, or repeated negligent acts. (d) If an alleged act or omission involves a minor, the seven-year limitations period provided for by subdivision (a) and the 10-year limitations period provided for by subdivision (e) shall be tolled until the minor reaches the age of majority. (e) An accusation filed against a licensee pursuant to Section 11503 of the Government Code alleging sexual misconduct shall be filed within three years after the board, or a division thereof, discovers the act or omission alleged as the ground for disciplinary action, or within 10 years after the act or omission alleged as the ground for disciplinary action occurs, whichever occurs first. This subdivision shall apply to a complaint alleging sexual misconduct received by the board on and after January 1, 2002. (f) The limitations period provided by subdivision (a) shall be tolled during any period if material evidence necessary for prosecuting or determining whether a disciplinary action would be appropriate is unavailable to the board due to an ongoing criminal investigation. (Amended by Stats. 2001, Ch. 617, Sec. 1. Effective January 1, 2002.)
  27. 22300.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 15. Passage Tickets [22300 - 22304] ( Chapter 15 added by Stats. 1965, Ch. 1224. )

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    People selling or offering passage tickets for vessel travel must not present themselves as the vessel owner’s or consignee’s agent unless they have written authorization and keep it available in their office.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 15. Passage Tickets [22300 - 22304] ( Chapter 15 added by Stats. 1965, Ch. 1224. ) ## 22300. No person issuing, selling or offering to sell any passage ticket or any instrument giving or purporting to give any right, either absolutely or upon any condition or contingency, to a passage or conveyance upon any vessel, or a berth or stateroom in any vessel, shall hold himself out to be or advertise himself in any way as the agent of the owner or consignees of such vessel or line, unless he has received authority in writing therefor, specifying the name of the company, line or vessel for which he is authorized to act as agent and the city or other place, together with the street and the street number, in which his office is kept for the sale of tickets, and unless such written authorization is readily available in such office. This section shall not apply to the sale of passage tickets on board any such vessel or to the offices of the actual owners or consignees of such vessel. (Added by Stats. 1965, Ch. 1224.)
  28. 22301.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 15. Passage Tickets [22300 - 22304] ( Chapter 15 added by Stats. 1965, Ch. 1224. )

    Verify source ↗

    People who sell or offer to sell passage tickets may not give false or misleading information or distribute false or misleading advertising about the passage, voyage, vessel, or their authority.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 15. Passage Tickets [22300 - 22304] ( Chapter 15 added by Stats. 1965, Ch. 1224. ) ## 22301. No person issuing, selling or offering to sell or holding himself out as being authorized to sell any such passage ticket or instrument giving or purporting to give any such right to passage or conveyance shall give or cause to be given any false or misleading information or shall print, publish, distribute or circulate or cause to be printed, published, distributed or circulated any false or misleading advertisement, circular, circular letter, pamphlet, card, handbill or other printed paper or notice in regard to the passage, ticket or instrument or the passage or voyage to which it entitles or purports to entitle its owner, purchaser or holder or line over which, or the vessel for which such passage is sold or offered or as to his agency for such line or vessel. (Added by Stats. 1965, Ch. 1224.)
  29. 22302.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 15. Passage Tickets [22300 - 22304] ( Chapter 15 added by Stats. 1965, Ch. 1224. )

    Verify source ↗

    People selling passenger tickets for passage on a foreign vessel must state the vessel’s country of registry and that it is not subject to American safety regulations, and the disclosure must be prominently displayed.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 15. Passage Tickets [22300 - 22304] ( Chapter 15 added by Stats. 1965, Ch. 1224. ) ## 22302. Any person issuing, selling, or offering to sell any passenger ticket for passage or conveyance aboard any foreign vessel, including the owner or consignee of such vessel, his agents, servants, or employees, shall make reference to the country of registry of such vessel and a statement that such vessel is not subject to American safety regulations in any advertisement, circular, circular letter, pamphlet, card, handbill, or other printed paper or notice, written or oral, in regard to the passage, ticket, or instrument, or the passage or voyage to which it entitles or purports to entitle its owner, purchaser, or holder, or line over which, or the vessel for which, such passage is sold or offered, or as to his agency for such line or vessel. The reference and statement shall be prominently displayed. (Amended by Stats. 1973, Ch. 1090.)
  30. 22303.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 15. Passage Tickets [22300 - 22304] ( Chapter 15 added by Stats. 1965, Ch. 1224. )

    Verify source ↗

    Passage tickets and related documents must state specified voyage and purchaser details, and must be signed by the owners’ or consignees’ authorized agent unless issued by those owners or consignees.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 15. Passage Tickets [22300 - 22304] ( Chapter 15 added by Stats. 1965, Ch. 1224. ) ## 22303. A ticket or instrument issued as evidence of a right of passage upon the high seas, from any port in this state, to any port of any other state or nation, and every certificate or order issued for the purpose, or under pretense of procuring any such ticket or instrument, and every receipt for money paid for such ticket or instrument shall state the name of the vessel on board of which the passage is to be made, the name of the owners or consignees of such vessel, the name of the company, or line, if any, to which such vessel belongs, its country of registry, the place from which such passage is to commence, the place where such passage is to terminate, the day of the month and year upon which the voyage is to commence, the name of the person purchasing such ticket or instrument, or receiving such order, certificate or receipt, and the amount paid therefor; and such ticket or instrument, order, certificate or receipt, unless sold or issued by the owners or consignees of such vessel, shall be signed by their authorized agent. (Added by Stats. 1965, Ch. 1224.)
  31. 22304.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 15. Passage Tickets [22300 - 22304] ( Chapter 15 added by Stats. 1965, Ch. 1224. )

    Verify source ↗

    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 15. Passage Tickets [22300 - 22304] ( Chapter 15 added by Stats. 1965, Ch. 1224. ) ## 22304. Any person, firm, corporation, partnership, or association or any employee or agent thereof who violates this chapter is guilty of a misdemeanor. (Added by Stats. 1965, Ch. 1224.)
  32. 2231.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by 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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    An administrative law judge designated under Government Code Section 11371 may use the procedures in Government Code Section 11515 for matters that may be officially or judicially noticed.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by 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. ) ## 2231. An administrative law judge as designated in Section 11371 of the Government Code may utilize the procedures in Section 11515 of the Government Code concerning any matters which may be officially or judicially noticed. (Added by Stats. 1990, Ch. 1597, Sec. 16.)
  33. 2232.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by 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 automatically revoke a license when specified conviction or sex-offender registration conditions are met, unless a stated exception applies. The board must also notify the licensee, and the certificate holder may request a hearing within 30 days after revocation.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by 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. ) ## 2232. (a) (1) Except as provided in subdivision (c), the board shall automatically revoke a license under either of the following circumstances: (A) The licensee, at any time after January 1, 1947, has been convicted in any court in or outside of this state of any offense that, if committed or attempted in this state, based on the elements of the convicted offense, would have been punishable as one or more of the offenses described in subdivision (c) of Section 290 of the Penal Code. (B) The licensee, at any time after January 1, 1947, has been required to register as a sex offender pursuant to the provisions of Section 290 of the Penal Code, regardless of whether the related conviction has been appealed. (2) The board shall notify the licensee of the license revocation and of their right to elect to have a hearing as provided in subdivision (b). (b) Upon revocation of the physician’s and surgeon’s certificate, the holder of the certificate may request a hearing within 30 days of the revocation. The proceeding shall be conducted in accordance with the Administrative Procedure Act (Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code). (c) This section shall not apply to a person 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) A plea or verdict of guilty or a conviction after a plea of nolo contendere is deemed to be a conviction within the meaning of this section. The record of conviction shall be conclusive evidence of the fact that the conviction occurred. (e) If the related conviction of the certificate holder is overturned on appeal, the revocation ordered pursuant to this section shall automatically cease. Nothing in this subdivision shall prohibit the board from pursuing disciplinary action based on any cause other than the overturned conviction. (f) The other provisions of this article setting forth a procedure for the revocation of a physician’s and surgeon’s certificate shall not apply to proceedings conducted pursuant to this section. (Amended by Stats. 2022, Ch. 453, Sec. 2. (AB 1636) Effective January 1, 2023.)
  34. 2232.5.

    ## 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. )

    Verify source ↗

    A qualifying felony conviction can trigger automatic suspension and later revocation of a medical license, with limited board discretion and a 30-day hearing request window.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by 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. ) ## 2232.5. (a) (1) Notwithstanding Section 2236, the board or its designee shall automatically suspend a license following a conviction of a felony by a licensee, where the conviction involves a violation of one or more of the statutes identified in subdivision (b) whether in the course of the licensee’s practice as a physician and surgeon or otherwise. (2) The suspension shall remain in effect until the time for appeal has elapsed if no appeal has been taken, or until judgment of conviction has been affirmed on appeal, or has otherwise become final, and until the further order of the board. (3) The board or its designee may decline to impose or may set aside the suspension when it appears to be in the best interest of justice to do so, with due regard being given to maintaining the integrity of, and confidence in, the profession. (b) (1) Sexual abuse, misconduct, or relations with a patient pursuant to Section 726 or sexual exploitation as defined in subdivision (a) of Section 729. (2) Offenses described in subdivisions (c) and (d) of Section 290 of the Penal Code. (3) Serious felonies as defined in Section 1192.7 of the Penal Code. (4) Selling, transporting, furnishing, administering, giving, possessing with intent to sell, or offering to sell, furnish, administer, or give to any person, any fentanyl or fentanyl laced product without a lawful prescription. (c) (1) Following the conviction of a felony as described in subdivision (b), the board or its designee shall automatically revoke a license at such time as the time for appeal has elapsed with no appeal having been taken, or the judgment of conviction having been affirmed on appeal, or the judgment of conviction having otherwise become final. (2) If the related conviction of the licensee is overturned on appeal, no revocation order shall be issued as to that conviction, and any suspension order issued pursuant to the above shall be rescinded, unless any such order is based on a stipulated settlement. Nothing in this subdivision shall prohibit the board from pursuing disciplinary action based on any cause other than the overturned conviction, including, but not limited to, the underlying conduct alleged in the criminal case. (d) (1) The licensee may request a hearing within 30 days of the automatic suspension order described in subdivision (a) and the automatic revocation order described in subdivision (c). The proceeding shall be conducted in accordance with the Administrative Procedure Act (Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code) except as provided in paragraph (2). (2) The Legislature finds and declares that the conviction of any felony identified in subdivision (b) is substantially related to the practice of medicine. An administrative law judge shall not permit or give any weight to expert testimony regarding whether the conviction is substantially related to the practice of medicine. The only purpose of an administrative hearing shall be to determine whether the discipline imposed shall be a suspension, revocation, or other action under the circumstances of the case. (Added by Stats. 2023, Ch. 294, Sec. 16. (SB 815) Effective January 1, 2024.)
  35. 2233.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by 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 public letter of reprimand to an affected physician and surgeon after an investigation or inspection, and the physician and surgeon must respond in writing within 30 days of notice.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by 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. ) ## 2233. The board may, by stipulation or settlement with the affected physician and surgeon, issue a public letter of reprimand after it has conducted an investigation or inspection as provided in this article, rather than filing or prosecuting a formal accusation. The public letter of reprimand may, at the discretion of the board, include a requirement for specified training or education. The affected physician and surgeon shall indicate agreement or nonagreement in writing within 30 days of formal notification by the board of its intention to issue the letter. The board, at its option, may extend the response time. Use of a public reprimand shall be limited to minor violations and shall be issued under guidelines established by regulations of the board. (Amended by Stats. 2014, Ch. 285, Sec. 3. (AB 1886) Effective January 1, 2015.)
  36. 2234.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by 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 act against a licensee charged with unprofessional conduct, and a certificate holder under investigation must attend a board interview within 30 calendar days after notice unless there is 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. ) ## 2234. The board shall take action against any licensee who is charged with unprofessional conduct. In addition to other provisions of this article, unprofessional conduct includes, but is not limited to, the following: (a) Violating or attempting to violate, directly or indirectly, assisting in or abetting the violation of, or conspiring to violate any provision of this chapter. (b) Gross negligence. (c) Repeated negligent acts. To be repeated, there must be two or more negligent acts or omissions. An initial negligent act or omission followed by a separate and distinct departure from the applicable standard of care shall constitute repeated negligent acts. (1) An initial negligent diagnosis followed by an act or omission medically appropriate for that negligent diagnosis of the patient shall constitute a single negligent act. (2) When the standard of care requires a change in the diagnosis, act, or omission that constitutes the negligent act described in paragraph (1), including, but not limited to, a reevaluation of the diagnosis or a change in treatment, and the licensee’s conduct departs from the applicable standard of care, each departure constitutes a separate and distinct breach of the standard of care. (d) Incompetence. (e) The commission of any act involving dishonesty or corruption that is substantially related to the qualifications, functions, or duties of a physician and surgeon. (f) Any action or conduct that would have warranted the denial of a certificate. (g) The failure by a certificate holder, in the absence of good cause, to attend and participate in an interview by the board no later than 30 calendar days after being notified by the board. This subdivision shall only apply to a certificate holder who is the subject of an investigation by the board. (h) Any action of the licensee, or another person acting on behalf of the licensee, intended to cause their patient or their patient’s authorized representative to rescind consent to release the patient’s medical records to the board or the Department of Consumer Affairs, Health Quality Investigation Unit. (i) Dissuading, intimidating, or tampering with a patient, witness, or any person in an attempt to prevent them from reporting or testifying about a licensee. (Amended by Stats. 2023, Ch. 294, Sec. 17. (SB 815) Effective January 1, 2024.)
  37. 2234.1.

    ## 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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    A physician and surgeon may not be disciplined under Section 2234(b), (c), or (d) solely because a patient received alternative or complementary medicine, if the listed conditions are met.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 12. Enforcement [2220 - 2319] ( Article 12 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2234.1. (a) A physician and surgeon shall not be subject to discipline pursuant to subdivision (b), (c), or (d) of Section 2234 solely on the basis that the treatment or advice he or she rendered to a patient is alternative or complementary medicine, including the treatment of persistent Lyme Disease, if that treatment or advice meets all of the following requirements: (1) It is provided after informed consent and a good-faith prior examination of the patient, and medical indication exists for the treatment or advice, or it is provided for health or well-being. (2) It is provided after the physician and surgeon has given the patient information concerning conventional treatment and describing the education, experience, and credentials of the physician and surgeon related to the alternative or complementary medicine that he or she practices. (3) In the case of alternative or complementary medicine, it does not cause a delay in, or discourage traditional diagnosis of, a condition of the patient. (4) It does not cause death or serious bodily injury to the patient. (b) For purposes of this section, “alternative or complementary medicine,” means those health care methods of diagnosis, treatment, or healing that are not generally used but that provide a reasonable potential for therapeutic gain in a patient’s medical condition that is not outweighed by the risk of the health care method. (c) Since the National Institute of Medicine has reported that it can take up to 17 years for a new best practice to reach the average physician and surgeon, it is prudent to give attention to new developments not only in general medical care but in the actual treatment of specific diseases, particularly those that are not yet broadly recognized in California. (Amended by Stats. 2005, Ch. 621, Sec. 28.5. Effective January 1, 2006.)
  38. 2235.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by 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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    On referral from the division, the Senior Assistant Attorney General must start action against a licensee who got a certificate by fraud or misrepresentation. The division must also take action when a certificate was issued by mistake.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by 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. ) ## 2235. Upon referral from the division, the Senior Assistant Attorney General of the Health Quality Enforcement Section shall initiate action against any licensee who obtains a certificate by fraud or misrepresentation, including a reciprocity certificate which is based upon a certificate or license obtained by fraud or mistake. The division shall take action against any licensee whose certificate was issued by mistake. (Amended by Stats. 1990, Ch. 1597, Sec. 17.)
  39. 22350.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 16. Process Servers [22350 - 22360] ( Chapter 16 added by Stats. 1971, Ch. 1661. )

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    Some process servers must register with the county clerk, and several listed categories are excluded from 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 16. Process Servers [22350 - 22360] ( Chapter 16 added by Stats. 1971, Ch. 1661. ) ## 22350. (a) Any natural person who makes more than 10 services of process within this state during one calendar year, for specific compensation or in expectation of specific compensation, where that compensation is directly attributable to the service of process, shall file and maintain a verified certificate of registration as a process server with the county clerk of the county in which he or she resides or has his or her principal place of business. Any corporation or partnership that derives or expects to derive compensation from service of process within this state shall also file and maintain a verified certificate of registration as a process server with the county clerk of the county in which the corporation or partnership has its principal place of business. (b) This chapter shall not apply to any of the following: (1) Any sheriff, marshal, or government employee who is acting within the course and scope of his or her employment. (2) An attorney or his or her employees, when serving process related to cases for which the attorney is providing legal services. (3) Any person who is specially appointed by a court to serve its process. (4) A licensed private investigator or his or her employees. (5) A professional photocopier registered under Section 22450, or an employee thereof, whose only service of process relates to subpoenas for the production of records, which subpoenas specify that the records be copied by that registered professional photocopier. (Amended by Stats. 2005, Ch. 300, Sec. 1. Effective January 1, 2006.)
  40. 22351.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 16. Process Servers [22350 - 22360] ( Chapter 16 added by Stats. 1971, Ch. 1661. )

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    Process server registration certificates must include specified personal or business details and statements, and the county clerk must keep the certificate for set periods.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 16. Process Servers [22350 - 22360] ( Chapter 16 added by Stats. 1971, Ch. 1661. ) ## 22351. (a) The certificate of registration of a registrant who is a natural person shall contain the following: (1) The name, age, address, email address, and telephone number of the registrant. (2) A statement, signed by the registrant under penalty of perjury, that the registrant has not been convicted of a felony, or, if the registrant has been convicted of a felony, a copy of a certificate of rehabilitation, expungement, or pardon. (3) A statement that the registrant has been a resident of this state for a period of one year immediately preceding the filing of the certificate. (4) A statement that the registrant will perform their duties as a process server in compliance with the provisions of law governing the service of process in this state. (b) The certificate of registration of a registrant who is a partnership or corporation shall contain the following: (1) The names, ages, addresses, email addresses, and telephone numbers of the general partners or officers. (2) A statement, signed by the general partners or officers under penalty of perjury, that the general partners or officers have not been convicted of a felony. (3) A statement that the partnership or corporation has been organized and existing continuously for a period of one year immediately preceding the filing of the certificate or a responsible managing employee, partner, or officer has been previously registered under this chapter. (4) A statement that the partnership or corporation will perform its duties as a process server in compliance with the provisions of law governing the service of process in this state. (c) The county clerk shall retain the certificate of registration for a period of three years following the expiration date of the certificate, after which time the certificate may be destroyed if it is scanned or if the conditions specified in Section 26205.1 of the Government Code are met. If the certificate is scanned, the scanned image shall be retained for a period of 10 years, after which time that image may be destroyed and, notwithstanding Section 26205.1 of the Government Code, no reproduction thereof need be made or preserved. (Amended by Stats. 2021, Ch. 376, Sec. 35. (AB 830) Effective January 1, 2022.)
  41. 22351.5.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 16. Process Servers [22350 - 22360] ( Chapter 16 added by Stats. 1971, Ch. 1661. )

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    Registrants must submit a completed Live Scan form when filing or renewing a lapsed registration, and the clerk must use the DOJ notification contract. If a felony conviction is reported, the presiding judge may review the criminal record and may notify the registrant that the registration is revoked unless the registrant provides proof of rehabilitation, expungement, or pardon.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 16. Process Servers [22350 - 22360] ( Chapter 16 added by Stats. 1971, Ch. 1661. ) ## 22351.5. (a) At the time of filing an initial certificate of registration or renewing a certificate of registration that has lapsed, the registrant shall also submit a completed Request for Live Scan form confirming fingerprint submission to the Department of Justice and the Federal Bureau of Investigation, in order to verify that the registrant has not been convicted of a felony. The clerk shall utilize the Subsequent Arrest Notification Contract provided by the Department of Justice for notifications subsequent to the initial certificate of registration. (b) If, after receiving the results of the Request for Live Scan, the clerk is advised that the registrant has been convicted of a felony, the presiding judge of the superior court of the county in which the certificate of registration is maintained is authorized to review the criminal record and, unless the registrant is able to produce a copy of a certificate of rehabilitation, expungement, or pardon, as specified in paragraph (2) of subdivision (a) of Section 22351, notify the registrant that the registration is revoked. An order to show cause for contempt may be issued and served upon any person who fails to surrender a registered process server identification card after a notice of revocation. (Amended by Stats. 2009, Ch. 137, Sec. 1. (AB 1123) Effective January 1, 2010.)
  42. 22352.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 16. Process Servers [22350 - 22360] ( Chapter 16 added by Stats. 1971, Ch. 1661. )

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    A registrant must pay fees to the county clerk when filing the initial certificate of registration.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 16. Process Servers [22350 - 22360] ( Chapter 16 added by Stats. 1971, Ch. 1661. ) ## 22352. At the time of filing the initial certificate of registration, a registrant shall pay the following fees to the county clerk: (a) A fee of one hundred dollars ($100). (b) A fee to cover the actual costs of processing the completed request for live scan when submitted with the initial certificate of registration. (c) A fee to cover the actual cost of issuing a registered process server identification card. (Amended by Stats. 2017, Ch. 573, Sec. 72. (SB 800) Effective January 1, 2018.)
  43. 22353.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 16. Process Servers [22350 - 22360] ( Chapter 16 added by Stats. 1971, Ch. 1661. )

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    Process servers must provide a $2,000 bond with registration, or may instead deposit $2,000 cash or a money order with the clerk.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 16. Process Servers [22350 - 22360] ( Chapter 16 added by Stats. 1971, Ch. 1661. ) ## 22353. (a) A certificate of registration shall be accompanied by a bond of two thousand dollars ($2,000), executed by an admitted surety insurer and conditioned upon compliance with the provisions of this chapter and all laws governing the service of process in this state. The total aggregate liability on the bond is limited to two thousand dollars ($2,000). As an alternative to the bond, the registrant may deposit with the clerk, cash or a money order in the amount of two thousand dollars ($2,000). (b) The county clerk shall, upon filing the bond, deliver the bond forthwith to the county recorder for recording. The recording fee specified in Section 27361 of the Government Code shall be paid by the registered process server. The fee may be paid to the county clerk, who shall transmit it to the recorder. (c) The fee for filing, canceling, revoking, or withdrawing the bond is seven dollars ($7). (d) The county recorder shall record the bond and any notice of cancellation, revocation, or withdrawal of the bond, and shall thereafter mail the instrument, unless specified to the contrary, to the person named in the instrument and, if no person is named, to the party leaving it for recording. The recording fee specified in Section 27361 of the Government Code for the notice of cancellation, revocation, or withdrawal of the bond shall be paid to the county clerk, who shall transmit it to the county recorder. (Amended by Stats. 2002, Ch. 197, Sec. 1. Effective January 1, 2003.)
  44. 22354.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 16. Process Servers [22350 - 22360] ( Chapter 16 added by Stats. 1971, Ch. 1661. )

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    A registration certificate lasts two years or until the bond expires, whichever comes first. After that, the registrant must file a new or renewal certificate and pay the required fee. Renewal can be done up to 60 days before expiration.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 16. Process Servers [22350 - 22360] ( Chapter 16 added by Stats. 1971, Ch. 1661. ) ## 22354. A certificate of registration shall be effective for a period of two years or until the date the bond expires, whichever occurs first. Thereafter, a registrant shall file a new certificate of registration or a renewal of the certificate of registration and pay the fee required by Section 22352. A certificate of registration may be renewed up to 60 days prior to its expiration date and the effective date of the renewal shall be the date the current registration expires. The renewal shall be effective for a period of two years from the effective date or until the expiration date of the bond, whichever occurs first. (Amended by Stats. 2001, Ch. 35, Sec. 3. Effective January 1, 2002.)
  45. 22356.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 16. Process Servers [22350 - 22360] ( Chapter 16 added by Stats. 1971, Ch. 1661. )

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    A registrant must be responsible at all times for the good conduct of employees and independent contractors acting within the stated employment or agency scope.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 16. Process Servers [22350 - 22360] ( Chapter 16 added by Stats. 1971, Ch. 1661. ) ## 22356. A registrant shall be responsible at all times for the good conduct of his or her employees acting within the course or scope of their employment, and any person acting as an independent contractor within the course or scope of the agency relationship with the registrant. (Amended by Stats. 1991, Ch. 598, Sec. 2.)
  46. 22356.5.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 16. Process Servers [22350 - 22360] ( Chapter 16 added by Stats. 1971, Ch. 1661. )

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    A registrant may not let someone sign a proof of service as an independent contractor unless listed conditions are met, and the proof must identify the independent contractor and registered entity.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 16. Process Servers [22350 - 22360] ( Chapter 16 added by Stats. 1971, Ch. 1661. ) ## 22356.5. (a) In addition to the information required by subdivision (b) of Section 22360, any proof of service of any process which is signed by an independent contractor of a registrant under this chapter shall indicate that the proof of service was signed as an independent contractor of a registered process server. The proof of service shall indicate the county of registration and the number assigned pursuant to Section 22355 of both the independent contractor and the entity registered under this chapter. (b) No registrant shall permit any individual to sign any proof of service of any process as an independent contractor unless all of the following conditions are met: (1) The independent contractor is performing pursuant to a written independent contractor agreement with the registrant. (2) The independent contractor supplies proof of bonding under Section 22353, if applicable. (3) The registrant exercises minimal supervision or control over the means of accomplishing the service of any process assigned by the registrant. The registrant may communicate a deadline for the service of process and request notification that such service has been completed. (4) The registrant imposes no restrictions on the independent contractor’s ability to perform services for others registered under this chapter. (5) The independent contractor supplies proof that any required business licenses have been obtained. (c) Persons not meeting the criteria of subdivision (b) shall be treated as employees of the registrant while persons meeting the criteria of subdivision (b) shall be treated as independent contractors. (d) This section shall not preclude an independent determination of employment under any other provision of law. (Amended by Stats. 1997, Ch. 442, Sec. 8. Effective January 1, 1998.)
  47. 22357.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 16. Process Servers [22350 - 22360] ( Chapter 16 added by Stats. 1971, Ch. 1661. )

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    If a bond is recovered against, the registrant must file a new bond or cash deposit within 30 days; otherwise the registration certificate is revoked and the remaining bond is forfeited to the county treasury.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 16. Process Servers [22350 - 22360] ( Chapter 16 added by Stats. 1971, Ch. 1661. ) ## 22357. (a) Any person who recovers damages in any action or proceeding for injuries caused by a service of process which was made by a registrant and did not comply with the provisions of law governing the service of process in this state may recover the amount of the damages from the bond required by Section 22353. (b) Whenever there has been a recovery against a bond under subdivision (a), the registrant shall file a new bond or cash deposit within 30 days to reinstate the bond or cash deposit to the amount required by Section 22353. If the registrant does not file the bond within 30 days, the certificate of registration shall be revoked and the remainder of the bond forfeited to the county treasury. (Amended by Stats. 1999, Ch. 892, Sec. 10. Effective January 1, 2000.)
  48. 22358.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 16. Process Servers [22350 - 22360] ( Chapter 16 added by Stats. 1971, Ch. 1661. )

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    A certificate of registration for a process server may be suspended or revoked if the registrant’s service of process does not comply with the law or is otherwise improper. The county clerk may start an investigation, the public prosecutor must investigate complaints and, if cause appears, set a hearing and notify the registrant.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 16. Process Servers [22350 - 22360] ( Chapter 16 added by Stats. 1971, Ch. 1661. ) ## 22358. (a) A certificate of registration may be revoked or suspended whenever it has been determined that the registrant has made a service of process, including service completed by an employee or independent contractor of the registrant, which does not comply with the provisions of law governing the service of process in this state or constitutes an improper service of process not amounting to a violation of law. (b) An investigation concerning the revocation or suspension of a certificate of registration may be commenced at any time at the option of the county clerk if the county clerk deems it to be appropriate. A complaint by any person who has alleged that he or she has been injured by a service of process shall be investigated by the public prosecutor. The investigation shall determine if the registrant complied with the provisions of law governing the service of process or constituted improper service of process not amounting to a violation of the law. (c) If the public prosecutor determines from the investigation that cause may exist for the suspension or revocation of the certificate of registration, he or she shall set the matter for hearing and give notice to the registrant. That hearing shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Division 3 of Title 2 of the Government Code except that the decision of the administrative law judge shall be final. For the purposes of those provisions, the public prosecutor shall be deemed to be the agency. (d) If, after the hearing, the county clerk is notified after the decision has become effective that the administrative law judge has directed that the registrant’s certificate be suspended or revoked, the county clerk shall forthwith suspend or revoke the certificate. If the certificate is revoked, the bond or cash deposit required by Section 22353 shall be forfeited to the county treasury subject to the right of a person to recover against the bond or cash deposit under Section 22357. (Amended by Stats. 1991, Ch. 598, Sec. 4.)
  49. 22359.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 16. Process Servers [22350 - 22360] ( Chapter 16 added by Stats. 1971, Ch. 1661. )

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    Anyone who violates this chapter commits a misdemeanor.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 16. Process Servers [22350 - 22360] ( Chapter 16 added by Stats. 1971, Ch. 1661. ) ## 22359. Any person who violates any of the provisions of this chapter is guilty of a misdemeanor. (Added by Stats. 1971, Ch. 1661.)
  50. 2236.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by 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 requires prosecuting agencies to notify the medical quality division and the court clerk when a licensee is charged, and requires the court clerk to send the conviction record to the board within 48 hours after conviction.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by 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. ) ## 2236. (a) The conviction of any offense substantially related to the qualifications, functions, or duties of a physician and surgeon constitutes unprofessional conduct within the meaning of this chapter. The record of conviction shall be conclusive evidence only of the fact that the conviction occurred. (b) The district attorney, city attorney, or other prosecuting agency shall notify the Division of Medical Quality of the pendency of an action against a licensee charging a felony or misdemeanor immediately upon obtaining information that the defendant is a licensee. The notice shall identify the licensee and describe the crimes charged and the facts alleged. The prosecuting agency shall also notify the clerk of the court in which the action is pending that the defendant is a licensee, and the clerk shall record prominently in the file that the defendant holds a license as a physician and surgeon. (c) The clerk of the court in which a licensee is convicted of a crime shall, within 48 hours after the conviction, transmit a certified copy of the record of conviction to the board. The division may inquire into the circumstances surrounding the commission of a crime in order to fix the degree of discipline or to determine if the conviction is of an offense substantially related to the qualifications, functions, or duties of a physician and surgeon. (d) A plea or verdict of guilty or a conviction after a plea of nolo contendere is deemed to be a conviction within the meaning of this section and Section 2236.1. The record of conviction shall be conclusive evidence of the fact that the conviction occurred. (Amended by Stats. 1994, Ch. 1206, Sec. 19. Effective January 1, 1995.)
  51. 2236.1.

    ## 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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    A physician and surgeon’s certificate is automatically suspended during incarceration after a felony conviction, and the Division of Medical Quality must notify the physician, determine the suspension, and may later suspend or deny the license under specified conviction-related conditions.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 12. Enforcement [2220 - 2319] ( Article 12 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2236.1. (a) A physician and surgeon’s certificate shall be suspended automatically during any time that the holder of the certificate is incarcerated after conviction of a felony, regardless of whether the conviction has been appealed. The Division of Medical Quality shall, immediately upon receipt of the certified copy of the record of conviction, determine whether the certificate of the physician and surgeon has been automatically suspended by virtue of the physician and surgeon’s incarceration, and if so, the duration of that suspension. The division shall notify the physician and surgeon of the license suspension and of the right to elect to have the issue of penalty heard as provided in this section. (b) Upon receipt of the certified copy of the record of conviction, if after a hearing it is determined therefrom that the felony of which the licensee was convicted was substantially related to the qualifications, functions, or duties of a physician and surgeon, the Division of Medical Quality shall suspend the license until the time for appeal has elapsed, if an appeal has not been taken, or until the judgment of conviction has been affirmed on appeal or has otherwise become final, and until further order of the division. The issue of substantial relationship shall be heard by an administrative law judge from the Medical Quality Hearing Panel sitting alone or with a panel of the division, in the discretion of the division. (c) Notwithstanding subdivision (b), a conviction of any crime referred to in Section 2237, or a conviction of Section 187, 261, 288, or former Section 262, of the Penal Code, shall be conclusively presumed to be substantially related to the qualifications, functions, or duties of a physician and surgeon and a hearing shall not be held on this issue. Upon its own motion or for good cause shown, the division may decline to impose or may set aside the suspension when it appears to be in the interest of justice to do so, with due regard to maintaining the integrity of and confidence in the medical profession. (d) (1) Discipline may be ordered in accordance with Section 2227, or the Division of Licensing may order the denial of the license when the time for appeal has elapsed, the judgment of conviction has been affirmed on appeal, or an order granting probation is made suspending the imposition of sentence, irrespective of a subsequent order under Section 1203.4 of the Penal Code allowing the person to withdraw the plea of guilty and to enter a plea of not guilty, setting aside the verdict of guilty, or dismissing the accusation, complaint, information, or indictment. (2) The issue of penalty shall be heard by an administrative law judge from the Medical Quality Hearing Panel sitting alone or with a panel of the division, in the discretion of the division. The hearing shall not be had until the judgment of conviction has become final or, irrespective of a subsequent order under Section 1203.4 of the Penal Code, an order granting probation has been made suspending the imposition of sentence; except that a licensee may, at the licensee’s option, elect to have the issue of penalty decided before those time periods have elapsed. Where the licensee so elects, the issue of penalty shall be heard in the manner described in this section at the hearing to determine whether the conviction was substantially related to the qualifications, functions, or duties of a physician and surgeon. If the conviction of a licensee who has made this election is overturned on appeal, any discipline ordered pursuant to this section shall automatically cease. This subdivision does not prohibit the division from pursuing disciplinary action based on any cause other than the overturned conviction. (e) The record of the proceedings resulting in the conviction, including a transcript of the testimony therein, may be received in evidence. (f) The other provisions of this article setting forth a procedure for the suspension or revocation of a physician and surgeon’s certificate shall not apply to proceedings conducted pursuant to this section. (Amended by Stats. 2021, Ch. 626, Sec. 1. (AB 1171) Effective January 1, 2022.)
  52. 2236.2.

    ## 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. )

    Verify source ↗

    A physician and surgeon’s certificate is automatically placed on inactive status while the holder is incarcerated after a misdemeanor conviction, and the board must restore the certificate within five business days after notice that incarceration has ended.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by 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. ) ## 2236.2. (a) Notwithstanding Article 9 (commencing with Section 700) of Chapter 1 of Division 2 or any other provision of law, a physician and surgeon’s certificate shall be automatically placed on inactive status during any period of time that the holder of the certificate is incarcerated after conviction of a misdemeanor. (b) A physician and surgeon’s certificate placed on inactive status pursuant to subdivision (a) shall be returned by the board to its prior or appropriate status within five business days of receiving notice that the physician and surgeon is no longer incarcerated. The board shall adopt regulations that specify the type of notice required to be submitted to the board. (c) The reason for the inactive status described in subdivision (a) shall be disclosed on the board’s Internet Web site. (Added by Stats. 2011, Ch. 169, Sec. 1. (AB 1267) Effective January 1, 2012.)
  53. 22360.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 16. Process Servers [22350 - 22360] ( Chapter 16 added by Stats. 1971, Ch. 1661. )

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    A proof of service signed by a registrant under this chapter must state the county of registration and the number assigned under Section 22355.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 16. Process Servers [22350 - 22360] ( Chapter 16 added by Stats. 1971, Ch. 1661. ) ## 22360. Any proof of service of any process which is signed by a registrant under this chapter shall indicate the county in which he or she is registered and the number assigned to him or her by Section 22355. (Amended by Stats. 1997, Ch. 442, Sec. 9. Effective January 1, 1998.)
  54. 2237.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by 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 conviction for violating drug- or controlled-substance laws is treated as unprofessional conduct, and licensing discipline or denial may follow.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by 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. ) ## 2237. (a) The conviction of a charge of violating any federal statutes or regulations or any statute or regulation of this state, regulating dangerous drugs or controlled substances, constitutes unprofessional conduct. The record of the conviction is conclusive evidence of such unprofessional conduct. A plea or verdict of guilty or a conviction following a plea of nolo contendere is deemed to be a conviction within the meaning of this section. (b) Discipline may be ordered in accordance with Section 2227 or the Division of Licensing may order the denial of the license 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 allowing such person to withdraw his or her plea of guilty and to enter a plea of not guilty, or setting aside the verdict of guilty, or dismissing the accusation, complaint, information, or indictment. (Amended by Stats. 1984, Ch. 1635, Sec. 1.)
  55. 22370.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 17. Invention Development Services Contracts [22370 - 22395] ( Chapter 17 added by Stats. 1975, Ch. 967. ) ## ARTICLE 1. General Provisions [22370 - 22371] ( Article 1 added by Stats. 1975, Ch. 967. )

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    This section says invention development services laws are meant to protect the public from fraud, deceit, and harmful practices, while not further regulating certain consulting services for professional commercial enterprises.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 17. Invention Development Services Contracts [22370 - 22395] ( Chapter 17 added by Stats. 1975, Ch. 967. ) ## ARTICLE 1. General Provisions [22370 - 22371] ( Article 1 added by Stats. 1975, Ch. 967. ) ## 22370. (a) The Legislature finds that there are in the State of California members of the general public who have ideas or inventions that they believe have substantial commercial value but which members of the general public do not have the resources or expertise necessary to develop, manufacture or market these ideas or inventions; that these members of the general public are commonly referred to as “inventors”; that these inventors are generally not people who earn their livelihood from developing, manufacturing, promoting or marketing ideas or inventions, from manufacturing or marketing products, from publishing literary works or from owning, operating or controlling commercial enterprises; that there is a significant number of persons who have realized that inventors are willing to expend substantial sums for services represented to result in the development, manufacture, promotion, sale or general exploitation of the commercial value of their ideas or inventions; that these persons are frequently known as invention developers; that the invention developers’ services are generally offered for sums ranging from $500 to $5,000 plus either a percentage of the income that may be derived from the sale or marketing of the idea or invention or a partial ownership interest in the idea or invention; that the inventors generally have a very passive role in the development, promotion, manufacture or sale of their ideas or inventions after the contract with the invention developer is executed, usually doing little more than receiving periodic reports from the invention developer; that an extremely small number of inventors to whom these invention developers offer their services ever have their products sold or marketed; that there exists in connection with invention development services, sales practices and business methods which have worked a fraud, deceit, imposition, and financial hardship upon many people of this state; that existing legal protection to consumers is inadequate to prevent these abuses; that the invention development industry has a significant impact upon the economy and well-being of this state and its local communities; and that the provisions of this chapter relating to such services are necessary for the public welfare. (b) The Legislature declares that the purpose of this chapter is to safeguard the public against fraud, deceit, imposition, and financial hardship, and to foster and encourage competition, fair dealing, and prosperity in the field of invention development services by prohibiting or restricting false or misleading advertising, onerous contract terms, harmful financial practices, and other unfair, dishonest, deceptive, destructive, unscrupulous, fraudulent, and discriminatory practices by which the public has been injured in connection with invention development services but not to interfere with, or further regulate by this chapter, those persons who provide researching, marketing, surveying, or other kinds of consulting services to professional manufacturers, marketers, publishers or others purchasing such services as an adjunct to the traditional commercial enterprises in which they engage as a livelihood. (Added by Stats. 1975, Ch. 967.)
  56. 22371.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 17. Invention Development Services Contracts [22370 - 22395] ( Chapter 17 added by Stats. 1975, Ch. 967. ) ## ARTICLE 1. General Provisions [22370 - 22371] ( Article 1 added by Stats. 1975, Ch. 967. )

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    This section defines key terms used in the chapter on invention development services contracts.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 17. Invention Development Services Contracts [22370 - 22395] ( Chapter 17 added by Stats. 1975, Ch. 967. ) ## ARTICLE 1. General Provisions [22370 - 22371] ( Article 1 added by Stats. 1975, Ch. 967. ) ## 22371. As used in this chapter, the following words have the following meanings: (a) “Contract for invention development services” shall include a contract by which an invention developer undertakes to develop or promote an invention for a customer. (b) “Customer” shall include any person, firm, corporation, or other entity that is solicited by, inquires about or seeks the services of, or enters into a contract for invention development services with an invention developer, except (1) any department or agency of the federal, state, or local government, (2) any charitable, scientific, educational, religious, or other organization qualified under Section 501(c)(3) or described in Section 170(b)(1)(a) of the Internal Revenue Code of 1954, as amended, and (3) any person, firm, corporation, or other entity regularly engaged in a trade, business, or profession which has either a net worth of one hundred thousand dollars ($100,000) or more or gross receipts from any source of fifty thousand dollars ($50,000) or more during the calendar year in which any contract for invention development services is signed. (c) “Invention” shall mean (1) an invention, (2) an idea, (3) a concept, or (4) any combination thereof. (d) “Invention developer” shall mean any person, firm, corporation, or association, and the agents, employees, or representatives of such person, firm, corporation, or association that develops or promotes or offers to develop or promote an invention, except (1) any department or agency of the federal, state, or local government, (2) any charitable, scientific, educational, religious, or other organization qualified under Section 501(c)(3) or described in Section 170(b)(1)(a) of the Internal Revenue of Code of 1954, as amended, (3) any person, firm, corporation, association, or other entity whose gross receipts from contracts for invention development services, as defined in subdivision (a) of Section 22371, do not exceed 10 percent of its gross receipts from all sources during the fiscal year preceding the year in which any contract for invention development services is signed, or (4) any person, firm, corporation, association or other entity that does not charge a fee for invention development services. For the purposes of this paragraph, “fee” shall include any payment made by the customer to such entity including reimbursements for expenditures made or costs incurred by such entity but shall not include any payment made from a portion of the income received by a customer by virtue of invention development services performed by such entity. (e) “Invention development services” shall include acts required or promised to be performed, or actually performed, or both, by an invention developer for a customer. (Added by Stats. 1975, Ch. 967.)
  57. 22372.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 17. Invention Development Services Contracts [22370 - 22395] ( Chapter 17 added by Stats. 1975, Ch. 967. ) ## ARTICLE 2. General Regulatory Provisions [22372 - 22378] ( Article 2 added by Stats. 1975, Ch. 967. )

    Verify source ↗

    If an invention developer expects later contracts or phased services, it must put that in writing and give the customer the writing plus a contract copy or summary when the first contract is signed.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 17. Invention Development Services Contracts [22370 - 22395] ( Chapter 17 added by Stats. 1975, Ch. 967. ) ## ARTICLE 2. General Regulatory Provisions [22372 - 22378] ( Article 2 added by Stats. 1975, Ch. 967. ) ## 22372. (a) Every contract for invention development services shall be in writing and shall be subject to the provisions of this chapter. A copy of the written contract shall be given to the customer at the time he signs the contract. (b) If one or more subsequent contracts are contemplated by the invention developer in connection with an invention, or if the invention developer contemplates performance of services in connection with an invention in more than one phase with the performance of each phase covered in one or more subsequent contracts, the invention developer shall so state in a writing and shall supply to the customer such writing together with a copy of such contract or a written summary of the general terms of each and every such subsequent contract, including the amount of any fees or other consideration required from the customer, at the time the customer signs the first contract. (Added by Stats. 1975, Ch. 967.)
  58. 22373.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 17. Invention Development Services Contracts [22370 - 22395] ( Chapter 17 added by Stats. 1975, Ch. 967. ) ## ARTICLE 2. General Regulatory Provisions [22372 - 22378] ( Article 2 added by Stats. 1975, Ch. 967. )

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    The invention developer and the customer each have a seven-day right to cancel an invention development services contract for any reason, using written notice. The developer must also refund paid money and return the customer’s materials within five business days after the notice is received.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 17. Invention Development Services Contracts [22370 - 22395] ( Chapter 17 added by Stats. 1975, Ch. 967. ) ## ARTICLE 2. General Regulatory Provisions [22372 - 22378] ( Article 2 added by Stats. 1975, Ch. 967. ) ## 22373. (a) Notwithstanding any contractual provision to the contrary, the invention developer and the customer shall each have the right to cancel a contract for invention development services for any reason at any time within seven days of the date the invention developer and the customer sign the contract. Cancellation shall be effected by written notice mailed or delivered to the invention developer or the customer. If said notice is mailed, it must be postmarked by midnight of the last day of the cancellation period. If the notice is delivered, it must be delivered by the end of the invention developer’s normal business day. Within five business days after receipt of such notice of cancellation by the customer, the invention developer shall return to the customer, by mail, all moneys paid and all materials provided by the customer. (b) The provisions of subdivision (a) shall apply to every contract executed between an invention developer and a customer. Each such contract shall contain the following statement in 10-point boldface type immediately above the place at which the customer signs the contract: “The seven-day period during which you may cancel this contract for any reason by mailing or delivering written notice to the invention developer will expire on . (Last date to mail or deliver notice) If you choose to mail your notice, it must be placed in the United States mail properly addressed first-class postage prepaid and postmarked before midnight of this date. If you choose to deliver your notice to the invention developer directly, it must be delivered to him by the end of his normal business day on this date. The invention developer also has the right to cancel this contract by notice similarly mailed or delivered.” (Added by Stats. 1975, Ch. 967.)
  59. 22374.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 17. Invention Development Services Contracts [22370 - 22395] ( Chapter 17 added by Stats. 1975, Ch. 967. ) ## ARTICLE 2. General Regulatory Provisions [22372 - 22378] ( Article 2 added by Stats. 1975, Ch. 967. )

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    Invention development services contracts must include a specific cover sheet notice, and the customer may cancel within seven days. If canceled, the invention developer must refund money and return materials within five business days.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 17. Invention Development Services Contracts [22370 - 22395] ( Chapter 17 added by Stats. 1975, Ch. 967. ) ## ARTICLE 2. General Regulatory Provisions [22372 - 22378] ( Article 2 added by Stats. 1975, Ch. 967. ) ## 22374. Each and every contract for invention development services shall carry a distinctive and conspicuous cover sheet with the following notice (and no other) imprinted thereon in boldface type of not less than 10-point size: “The following disclosures are required by law: “You have the right to cancel this contract for any reason at any time within seven days from the date you and the invention developer sign the contract and you receive a fully executed copy of it. To exercise this option you need only mail or deliver to this invention developer written notice of your cancellation. The method and time for notification is set forth in this contract immediately above the place for your signature. Upon cancellation, the invention developer must return by mail, within five business days, all money paid and all materials provided by you. “Your potential patent rights may be adversely affected by any attempt to commercialize your idea or invention before a patent application covering it is filed. Nonconfidential disclosures of your idea or invention may also trigger certain statutory deadlines for filing a patent application in the United States and would prevent you from obtaining valid patent rights in countries whose law provides that patent applications must be filed before there is a public disclosure. “This contract between you and the invention developer is regulated by law. The invention developer is not qualified or permitted to advise you whether protection of your idea or invention is available under the patent, copyright or trademark laws of the United States or any other law. This contract does not provide any patent, copyright or trademark protection for your idea or invention. If your idea or invention is patentable, copyrightable or subject to trademark protection, or infringes an existing valid patent, copyright or trademark or a patent, copyright or trademark for which application has been made, your failure to inquire into these matters may affect your rights to your idea or invention.” (Amended by Stats. 1983, Ch. 332, Sec. 1.)
  60. 22375.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 17. Invention Development Services Contracts [22370 - 22395] ( Chapter 17 added by Stats. 1975, Ch. 967. ) ## ARTICLE 2. General Regulatory Provisions [22372 - 22378] ( Article 2 added by Stats. 1975, Ch. 967. )

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    An invention developer generally may not acquire any interest in the title to a customer’s invention, except for a manufacturing contract made at or about the time the manufacturing 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 17. Invention Development Services Contracts [22370 - 22395] ( Chapter 17 added by Stats. 1975, Ch. 967. ) ## ARTICLE 2. General Regulatory Provisions [22372 - 22378] ( Article 2 added by Stats. 1975, Ch. 967. ) ## 22375. No invention developer shall acquire any interest, partial or whole, in the title to the customer’s invention, unless the invention developer contracts to manufacture the invention and acquires such interest for such purpose at or about the time the contract for manufacture is executed. Nothing in this section shall be construed to prohibit an invention developer from contracting with a customer to receive a portion of any proceeds accruing to the customer as a result of performance of invention development services by the invention developer. (Added by Stats. 1975, Ch. 967.)
  61. 22376.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 17. Invention Development Services Contracts [22370 - 22395] ( Chapter 17 added by Stats. 1975, Ch. 967. ) ## ARTICLE 2. General Regulatory Provisions [22372 - 22378] ( Article 2 added by Stats. 1975, Ch. 967. )

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    A contract for invention development services cannot require the customer to sign notes that would cut off the customer’s rights or defenses against the invention developer.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 17. Invention Development Services Contracts [22370 - 22395] ( Chapter 17 added by Stats. 1975, Ch. 967. ) ## ARTICLE 2. General Regulatory Provisions [22372 - 22378] ( Article 2 added by Stats. 1975, Ch. 967. ) ## 22376. No contract for invention development services shall require or entail the execution of any note or series of notes by the customer which, when separately negotiated, will cut off as to third parties any right of action or defense which the customer may have against the invention developer. (Added by Stats. 1975, Ch. 967.)
  62. 22377.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 17. Invention Development Services Contracts [22370 - 22395] ( Chapter 17 added by Stats. 1975, Ch. 967. ) ## ARTICLE 2. General Regulatory Provisions [22372 - 22378] ( Article 2 added by Stats. 1975, Ch. 967. )

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    An assignee of the invention developer’s rights is bound by the customer’s existing equities and defenses against the invention developer.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 17. Invention Development Services Contracts [22370 - 22395] ( Chapter 17 added by Stats. 1975, Ch. 967. ) ## ARTICLE 2. General Regulatory Provisions [22372 - 22378] ( Article 2 added by Stats. 1975, Ch. 967. ) ## 22377. Any assignee of the invention developer’s rights is subject to all equities and defenses of the customer against the invention developer existing in favor of the customer at the time of the assignment. (Added by Stats. 1975, Ch. 967.)
  63. 22378.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 17. Invention Development Services Contracts [22370 - 22395] ( Chapter 17 added by Stats. 1975, Ch. 967. ) ## ARTICLE 2. General Regulatory Provisions [22372 - 22378] ( Article 2 added by Stats. 1975, Ch. 967. )

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    An invention developer must give the customer a written statement of services performed at quarterly intervals during the contract.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 17. Invention Development Services Contracts [22370 - 22395] ( Chapter 17 added by Stats. 1975, Ch. 967. ) ## ARTICLE 2. General Regulatory Provisions [22372 - 22378] ( Article 2 added by Stats. 1975, Ch. 967. ) ## 22378. With respect to each and every contract for invention development services, the invention developer shall deliver to the customer, at the address specified in the contract at quarterly intervals throughout the term of the contract, a written statement of the services performed to date; provided, however, the first such statement need not be delivered until 180 days after the contract is executed. (Added by Stats. 1975, Ch. 967.)
  64. 22379.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 17. Invention Development Services Contracts [22370 - 22395] ( Chapter 17 added by Stats. 1975, Ch. 967. ) ## ARTICLE 3. Mandatory Contract Terms [22379- 22379.] ( Article 3 added by Stats. 1975, Ch. 967. )

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    Contracts for invention development services must include specified disclosures and terms in boldface type, and the invention developer must keep certain records, act in the customer’s best interests when given discretion, and make records available on notice.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 17. Invention Development Services Contracts [22370 - 22395] ( Chapter 17 added by Stats. 1975, Ch. 967. ) ## ARTICLE 3. Mandatory Contract Terms [22379- 22379.] ( Article 3 added by Stats. 1975, Ch. 967. ) ## 22379. Every contract for invention development services shall set forth in at least 10-point boldface type, or equivalent size if handwritten, all of the following: (a) The terms and conditions of payment required by Section 22373. (b) A full and detailed description of the acts or services that the invention developer undertakes to perform for the customer. To the extent that the description of acts or services affords the invention developer discretion to decide what acts or services are to be performed by the invention developer, the invention developer shall exercise that discretion to promote the best interests of the customer. (c) A statement whether the invention developer undertakes to construct one or more prototypes, models, or devices embodying the customer’s invention. (d) A statement whether the invention developer undertakes to sell or distribute one or more prototypes, models, or devices embodying the customer’s invention. (e) The name of the person or firm contracting to perform the invention development services, the name under which said person or firm is doing or has done business as an invention developer, and the name of any parent, subsidiary or affiliated company that may engage in performing the invention development services. (f) The invention developer’s principal business address and the name and address of its agent in the State of California authorized to receive service of process. (g) The business form of the invention developer, whether corporate, partnership, or otherwise. (h) A statement of the fee charged, a statement that a portion of the fee charged will be paid as a commmission or other similar payment, if in fact it is intended to be so paid, to a person inducing, directly or indirectly, a customer to contract for the services of the invention developer, which statement shall specify the names of the person or persons receiving said payment; and a statement of the approximate portion of the fee charged, if any, that will be expended for services relating to patent matters. (i) A statement that the invention developer does not intend to expend more for the invention development services than the fee charged the customer, if, in fact, it does not, and if it does, a statement of the estimated expenditures of the invention developer in excess of the fee received from the customer. (j) If any oral or written representation of estimated or projected customer earnings is made, a statement of such estimation or projection and the data upon which it is based. (k) A single statement setting forth both (1) the total number of customers who have contracted with the invention developer provided, however, that the number need not reflect those customers who have contracted within the last 30 days, and (2) the number of customers that have received, by virtue of the invention developer’s performance of invention development services, an amount of money in excess of the amount of money paid by such customers to the invention developer. (l) A statement that the invention developer is required to maintain all records and correspondence relating to performance of the invention development services for that customer for a period not less than three years after expiration of the term of the contract for invention development services. (m) The name and address of the custodian of all records and correspondence relating to the performance of the invention development services. (n) A statement that the records and correspondence required to be maintained by subdivision (m) above will be made available to the customer or his representative for review and copying at the customer’s expense on the invention developer’s premises during normal business hours upon seven days’ written notice, said time period to begin from the date the notice is placed in the United States mail properly addressed first-class postage prepaid. (o) A statement of the expected date of completion of the invention development services. (p) A statement as follows: “Your potential patent rights may be adversely affected by any attempt to commercialize your idea or invention before a patent application covering it is filed. Nonconfidential disclosures of your idea or invention may also trigger certain statutory deadlines for filing a patent application in the United States and would prevent you from obtaining valid patent rights in countries whose law provides that patent applications must be filed before there is a public disclosure. “This contract between you and the invention developer is regulated by law. The invention developer is not qualified or permitted to advise you whether protection of your idea or invention is available under the patent, copyright or trademark laws of the United States or any other law. This contract does not provide any patent, copyright or trademark protection for your idea or invention. If your idea or invention is patentable, copyrightable or subject to trademark protection, or infringes an existing valid patent, copyright or trademark or a patent, copyright or trademark for which application has been made, your failure to inquire into these matters may affect your rights to your idea or invention.” (Amended by Stats. 1983, Ch. 332, Sec. 2.)
  65. 2238.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by 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 violation of specified federal or state drug laws is treated as unprofessional conduct.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 12. Enforcement [2220 - 2319] ( Article 12 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2238. A violation of any federal statute or federal regulation or any of the statutes or regulations of this state regulating dangerous drugs or controlled substances constitutes unprofessional conduct. (Amended by Stats. 1984, Ch. 1635, Sec. 2.)
  66. 22380.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 17. Invention Development Services Contracts [22370 - 22395] ( Chapter 17 added by Stats. 1975, Ch. 967. ) ## ARTICLE 4. Disclosures Made Prior to Contract [22380 - 22381] ( Article 4 added by Stats. 1975, Ch. 967. )

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    An invention developer who charges a fee or requires consideration for invention development services must clearly and conspicuously say so in every advertisement for those services.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 17. Invention Development Services Contracts [22370 - 22395] ( Chapter 17 added by Stats. 1975, Ch. 967. ) ## ARTICLE 4. Disclosures Made Prior to Contract [22380 - 22381] ( Article 4 added by Stats. 1975, Ch. 967. ) ## 22380. Every invention developer who charges a fee or requires any consideration for his invention development services must clearly and conspicuously disclose such fact in every advertisement of such services. (Added by Stats. 1975, Ch. 967.)
  67. 22381.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 17. Invention Development Services Contracts [22370 - 22395] ( Chapter 17 added by Stats. 1975, Ch. 967. ) ## ARTICLE 4. Disclosures Made Prior to Contract [22380 - 22381] ( Article 4 added by Stats. 1975, Ch. 967. )

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    An invention developer must give customers specified written disclosures during the first qualifying contact or response.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 17. Invention Development Services Contracts [22370 - 22395] ( Chapter 17 added by Stats. 1975, Ch. 967. ) ## ARTICLE 4. Disclosures Made Prior to Contract [22380 - 22381] ( Article 4 added by Stats. 1975, Ch. 967. ) ## 22381. In the first oral communication with a customer or in the first written response to an inquiry by a customer other than an oral communication or written response, the primary purpose of which is to arrange an appointment with the invention developer for presentation of his or her invention development services, the invention developer shall cause the following written disclosures to be made and given to each customer at the time of the disclosure: (a) A statement of the fee charged, if known, or a statement of the approximate range of fees charged; a statement that a portion of the fee charged will be paid as a commission or other similar payment, if in fact it is intended to be so paid, to a person inducing, directly or indirectly, a customer to contract for the services of the invention developer; and a statement of the approximate portion of the fee charged, if any, that will be expended for services relating to patent matters. (b) A statement that the invention developer does not intend to expend more for the invention development services than the fee charged the customer, if, in fact, it does not, and if it does, a statement of the estimated expenditures of the invention developer in excess of the fee received from the customer. (c) A single statement setting forth both (1) the total number of customers who have contracted with the invention developer; however, the number need not reflect those customers who have contracted within the last 30 days; and (2) the number of customers that have received by virtue of the invention developer’s performance of invention development services an amount of money in excess of the amount of money paid by those customers to the invention developer. (d) A statement as follows: “Your potential patent rights may be adversely affected by any attempt to commercialize your idea or invention before a patent application covering it is filed. Nonconfidential disclosures of your idea or invention may also trigger certain statutory deadlines for filing a patent application in the United States and would prevent you from obtaining valid patent rights in countries whose law provides that patent applications must be filed before there is a public disclosure. Any contract for invention development services between you and our firm will be regulated by law. Our firm is not qualified or permitted to advise you whether protection of your idea or invention is available under the patent, copyright or trademark laws of the United States or any other law. The contract does not provide any patent, copyright or trademark protection for your idea or invention. If your idea or invention is patentable, copyrightable or subject to trademark protection, or infringes an existing valid patent, copyright or trademark or a patent, copyright or trademark for which application has been made, your failure to inquire into these matters may affect your rights to your idea or invention.” (Amended by Stats. 1983, Ch. 332, Sec. 3.)
  68. 22382.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 17. Invention Development Services Contracts [22370 - 22395] ( Chapter 17 added by Stats. 1975, Ch. 967. ) ## ARTICLE 4.5. Remedies and Enforcement [22382 - 22388] ( Article 4.5 added by Stats. 1975, Ch. 967. )

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    This chapter does not replace other laws, and the parties and the contract still must comply with all other applicable legal requirements.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 17. Invention Development Services Contracts [22370 - 22395] ( Chapter 17 added by Stats. 1975, Ch. 967. ) ## ARTICLE 4.5. Remedies and Enforcement [22382 - 22388] ( Article 4.5 added by Stats. 1975, Ch. 967. ) ## 22382. The provisions of this chapter are not exclusive and do not relieve the parties or the contract subject thereto from compliance with all other applicable provisions of law. (Added by Stats. 1975, Ch. 967.)
  69. 22383.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 17. Invention Development Services Contracts [22370 - 22395] ( Chapter 17 added by Stats. 1975, Ch. 967. ) ## ARTICLE 4.5. Remedies and Enforcement [22382 - 22388] ( Article 4.5 added by Stats. 1975, Ch. 967. )

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    A contract for invention development services that does not comply with this chapter is void and unenforceable, unless the invention developer shows the noncompliance was an unintentional bona fide error despite reasonable procedures and makes an appropriate correction.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 17. Invention Development Services Contracts [22370 - 22395] ( Chapter 17 added by Stats. 1975, Ch. 967. ) ## ARTICLE 4.5. Remedies and Enforcement [22382 - 22388] ( Article 4.5 added by Stats. 1975, Ch. 967. ) ## 22383. Any contract for invention development services which does not comply with the applicable provisions of this chapter shall be void and unenforceable as contrary to public policy, provided that no contract shall be void and unenforceable if the invention developer proves that noncompliance was unintentional and resulted from a bona fide error notwithstanding the use of reasonable procedures adopted to avoid any such errors and makes an appropriate correction. (Added by Stats. 1975, Ch. 967.)
  70. 22384.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 17. Invention Development Services Contracts [22370 - 22395] ( Chapter 17 added by Stats. 1975, Ch. 967. ) ## ARTICLE 4.5. Remedies and Enforcement [22382 - 22388] ( Article 4.5 added by Stats. 1975, Ch. 967. )

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    A contract for invention development services is void and unenforceable if it was entered into because of a willful false, fraudulent, or misleading representation by the invention developer.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 17. Invention Development Services Contracts [22370 - 22395] ( Chapter 17 added by Stats. 1975, Ch. 967. ) ## ARTICLE 4.5. Remedies and Enforcement [22382 - 22388] ( Article 4.5 added by Stats. 1975, Ch. 967. ) ## 22384. Any contract for invention development services entered into in reliance upon any willful and false, fraudulent, or misleading representation by the invention developer shall be void and unenforceable. (Added by Stats. 1975, Ch. 967.)
  71. 22385.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 17. Invention Development Services Contracts [22370 - 22395] ( Chapter 17 added by Stats. 1975, Ch. 967. ) ## ARTICLE 4.5. Remedies and Enforcement [22382 - 22388] ( Article 4.5 added by Stats. 1975, Ch. 967. )

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    A customer cannot waive the chapter’s provisions; any such waiver is void and unenforceable.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 17. Invention Development Services Contracts [22370 - 22395] ( Chapter 17 added by Stats. 1975, Ch. 967. ) ## ARTICLE 4.5. Remedies and Enforcement [22382 - 22388] ( Article 4.5 added by Stats. 1975, Ch. 967. ) ## 22385. Any waiver by the customer of the provisions of this chapter shall be deemed contrary to public policy and shall be void and unenforceable. (Added by Stats. 1975, Ch. 967.)
  72. 22386.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 17. Invention Development Services Contracts [22370 - 22395] ( Chapter 17 added by Stats. 1975, Ch. 967. ) ## ARTICLE 4.5. Remedies and Enforcement [22382 - 22388] ( Article 4.5 added by Stats. 1975, Ch. 967. )

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    An injured person may sue an invention developer for certain chapter violations, false or fraudulent statements, omitted material facts, or missing required disclosures.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 17. Invention Development Services Contracts [22370 - 22395] ( Chapter 17 added by Stats. 1975, Ch. 967. ) ## ARTICLE 4.5. Remedies and Enforcement [22382 - 22388] ( Article 4.5 added by Stats. 1975, Ch. 967. ) ## 22386. Any person who has been injured by a violation of this chapter by an invention developer, or by any false or fraudulent statement, representation, or omission of material fact by an invention developer, or by failure of an invention developer to make all the disclosures required by Section 22379, may bring a civil action against the invention developer for the greater of the following amounts: (1) Three thousand dollars ($3,000). (2) Three times the amount of the actual damages, if any, sustained by the plaintiff. In addition to the greater of the preceding amounts, the court may award reasonable attorney’s fees to the plaintiff. (Added by Stats. 1975, Ch. 967.)
  73. 22387.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 17. Invention Development Services Contracts [22370 - 22395] ( Chapter 17 added by Stats. 1975, Ch. 967. ) ## ARTICLE 4.5. Remedies and Enforcement [22382 - 22388] ( Article 4.5 added by Stats. 1975, Ch. 967. )

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    An invention developer who willfully breaks this chapter’s rules, or willfully signs a contract missing required duties or disclosures, 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 17. Invention Development Services Contracts [22370 - 22395] ( Chapter 17 added by Stats. 1975, Ch. 967. ) ## ARTICLE 4.5. Remedies and Enforcement [22382 - 22388] ( Article 4.5 added by Stats. 1975, Ch. 967. ) ## 22387. Any invention developer who willfully violates any provision of this chapter, or willfully enters an invention development contract which omits any duty or disclosure required by this chapter, is guilty of a misdemeanor. Any superior court of this state shall have jurisdiction in equity to restrain and enjoin the violation of any of the provisions of this chapter relating to invention development services and contracts therefor. The duty to institute actions for violation of such provisions of this chapter, including equity proceedings to restrain and enjoin such violations, is hereby vested in the Attorney General, district attorneys, county counsels, and city attorneys. The Attorney General, any district attorney, or city attorney may prosecute misdemeanor actions or institute equity proceedings or both. This section shall not be deemed to prohibit the enforcement by any person of any right provided by this or any other law. (Added by Stats. 1975, Ch. 967.)
  74. 22388.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 17. Invention Development Services Contracts [22370 - 22395] ( Chapter 17 added by Stats. 1975, Ch. 967. ) ## ARTICLE 4.5. Remedies and Enforcement [22382 - 22388] ( Article 4.5 added by Stats. 1975, Ch. 967. )

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    If the required Article 4 disclosure is not made, the customer may void a later contract with the invention developer.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 17. Invention Development Services Contracts [22370 - 22395] ( Chapter 17 added by Stats. 1975, Ch. 967. ) ## ARTICLE 4.5. Remedies and Enforcement [22382 - 22388] ( Article 4.5 added by Stats. 1975, Ch. 967. ) ## 22388. Failure to make the disclosure required by Article 4 (commencing with Section 22380) shall render any contract subsequently entered into between the customer and the invention developer voidable by the customer. (Added by Stats. 1975, Ch. 967.)
  75. 22389.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 17. Invention Development Services Contracts [22370 - 22395] ( Chapter 17 added by Stats. 1975, Ch. 967. ) ## ARTICLE 5. Financial Requirements [22389 - 22391.1] ( Article 5 added by Stats. 1975, Ch. 967. )

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    Invention developers offering services in this state must keep a surety bond, file a copy with the Secretary of State before starting business, and adjust the bond within 90 days after each fiscal year if needed.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 17. Invention Development Services Contracts [22370 - 22395] ( Chapter 17 added by Stats. 1975, Ch. 967. ) ## ARTICLE 5. Financial Requirements [22389 - 22391.1] ( Article 5 added by Stats. 1975, Ch. 967. ) ## 22389. Every invention developer rendering or offering to render invention development services in this state shall maintain a bond issued by a surety company admitted to do business in this state. The principal sum of the bond shall be 5 percent of the invention developer’s gross income from the invention development business in this state during the invention developer’s last fiscal year, except that the principal sum of the bond shall not be less than twenty-five thousand dollars ($25,000) in the first or any subsequent year of operations. A copy of such bond shall be filed with the Secretary of State prior to the time the invention developer first commences business in this state. The invention developer shall have 90 days after the end of each fiscal year within which to change the bond as may be necessary to conform to the requirements of this section. (Added by Stats. 1975, Ch. 967.)
  76. 2239.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by 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 licensee’s harmful use of controlled substances, specified dangerous drugs, or alcohol is unprofessional conduct, and the relevant divisions may discipline the licensee or deny the license after conviction-related conditions are met.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 12. Enforcement [2220 - 2319] ( Article 12 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2239. (a) The use or prescribing for or administering to himself or herself, of any controlled substance; or the use of any of the dangerous drugs specified in Section 4022, or of alcoholic beverages, to the extent, or in such a manner as to be dangerous or injurious to the licensee, or to any other person or to the public, or to the extent that such use impairs the ability of the licensee to practice medicine safely or more than one misdemeanor or any felony involving the use, consumption, or self-administration of any of the substances referred to in this section, or any combination thereof, constitutes unprofessional conduct. The record of the conviction is conclusive evidence of such unprofessional conduct. (b) A plea or verdict of guilty or a conviction following a plea of nolo contendere is deemed to be a conviction within the meaning of this section. The Division of Medical Quality may order discipline of the licensee in accordance with Section 2227 or the Division of Licensing may order the denial of the license 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 imposition of sentence, irrespective of a subsequent order under the provisions of Section 1203.4 of the Penal Code allowing such person to withdraw his or her plea of guilty and to enter a plea of not guilty, or setting aside the verdict of guilty, or dismissing the accusation, complaint, information, or indictment. (Amended by Stats. 1998, Ch. 878, Sec. 10. Effective January 1, 1999.)
  77. 22390.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 17. Invention Development Services Contracts [22370 - 22395] ( Chapter 17 added by Stats. 1975, Ch. 967. ) ## ARTICLE 5. Financial Requirements [22389 - 22391.1] ( Article 5 added by Stats. 1975, Ch. 967. )

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    The bond required by Section 22389 must be payable to the State of California for the benefit of persons harmed by fraud, dishonesty, or failure by an invention developer to provide contracted services.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 17. Invention Development Services Contracts [22370 - 22395] ( Chapter 17 added by Stats. 1975, Ch. 967. ) ## ARTICLE 5. Financial Requirements [22389 - 22391.1] ( Article 5 added by Stats. 1975, Ch. 967. ) ## 22390. The bond required by Section 22389 shall be in favor of the State of California for the benefit of any person who, after entering into a contract for invention development services with an invention developer is damaged by fraud or dishonesty or failure to provide the services of the invention developer in performance of the contract. (Amended by Stats. 1982, Ch. 517, Sec. 56.)
  78. 22391.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 17. Invention Development Services Contracts [22370 - 22395] ( Chapter 17 added by Stats. 1975, Ch. 967. ) ## ARTICLE 5. Financial Requirements [22389 - 22391.1] ( Article 5 added by Stats. 1975, Ch. 967. )

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    Claims against a deposit made instead of a bond must be proved to the Secretary of State with a court money judgment and proof the claimant fits Section 22390. Approved claims are paid after a 240-day waiting period, subject to available funds, and the Secretary of State must retain the deposit for two years after notice unless there are no outstanding claims earlier or a court orders otherwise.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 17. Invention Development Services Contracts [22370 - 22395] ( Chapter 17 added by Stats. 1975, Ch. 967. ) ## ARTICLE 5. Financial Requirements [22389 - 22391.1] ( Article 5 added by Stats. 1975, Ch. 967. ) ## 22391. (a) When a deposit has been made in lieu of a bond pursuant to Section 995.710 of the Code of Civil Procedure, the person asserting a claim against the deposit shall, in lieu of Section 996.430 of the Code of Civil Procedure, establish the claim by furnishing evidence to the Secretary of State of a money judgment entered by a court together with evidence that the claimant is a person described in Section 22390. (b) When a person has established the claim with the Secretary of State, the Secretary of State shall review and approve the claim and enter the date of approval thereon. The claim shall be designated an “approved claim.” (c) When the first claim against a particular deposit account has been approved, it shall not be paid until the expiration of a period of 240 days after the date of its approval by the Secretary of State. Subsequent claims that are approved by the Secretary of State within the same 240-day period shall similarly not be paid until the expiration of the 240-day period. Upon the expiration of the 240-day period, the Secretary of State shall pay all approved claims from that 240-day period in full unless the deposit is insufficient, in which case each approved claim shall be paid a pro rata share of the deposit. (d) When the Secretary of State approves the first claim against a particular deposit account after the expiration of a 240-day period, the date of approval of that claim shall begin a new 240-day period to which subdivision (c) shall apply with respect to the amount remaining in the deposit account. (e) After a deposit account is exhausted, no further claims shall be paid by the Secretary of State. Claimants who have had their claims paid in full or in part pursuant to subdivisions (c) and (d) shall not be required to return funds received from the deposit for the benefit of other claimants. (f) When a deposit has been made in lieu of a bond, the amount of the deposit shall not be subject to attachment, garnishment, or execution with respect to an action or judgment against the invention developer, other than as to an amount no longer needed or required for the purpose of this chapter which would otherwise be returned to the invention developer by the Secretary of State. (g) The Secretary of State shall retain a cash deposit for two years from the date the Secretary of State receives written notification from the assignor of the deposit that the assignor has ceased to engage in the business of an invention developer or has filed a bond pursuant to Section 22389, provided that there are no outstanding claims against the deposit. The written notice shall include all of the following: (1) name, address, and telephone number of the assignor; (2) name, address, and telephone number of the bank at which the deposit is located; (3) account number of the deposit; and (4) a statement whether the assignor is ceasing to engage in the business of an invention developer or has filed a bond with the Secretary of State. The Secretary of State shall forward an acknowledgment of receipt of the written notification to the assignor at the address indicated therein, specifying the date of receipt of the written notice and anticipated date of release of the deposit. (h) This section shall apply to all deposits retained by the Secretary of State. (i) A judge of a superior court may order the return of the deposit prior to the expiration of two years upon evidence satisfactory to the judge that there are no outstanding claims against the deposit or order the Secretary of State to retain the deposit for a sufficient period beyond the two years specified in subdivision (g) to resolve outstanding claims against the deposit. (Amended by Stats. 2002, Ch. 784, Sec. 8. Effective January 1, 2003.)
  79. 22391.1.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 17. Invention Development Services Contracts [22370 - 22395] ( Chapter 17 added by Stats. 1975, Ch. 967. ) ## ARTICLE 5. Financial Requirements [22389 - 22391.1] ( Article 5 added by Stats. 1975, Ch. 967. )

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    The Secretary of State must enforce bond-filing and bond-maintenance provisions and must charge a filing fee that does not exceed the cost of filing the bond or substitute deposit.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 17. Invention Development Services Contracts [22370 - 22395] ( Chapter 17 added by Stats. 1975, Ch. 967. ) ## ARTICLE 5. Financial Requirements [22389 - 22391.1] ( Article 5 added by Stats. 1975, Ch. 967. ) ## 22391.1. (a) The Secretary of State shall enforce the provisions of this title that govern the filing and maintenance of bonds and deposits in lieu of bonds. (b) The Secretary of State shall charge and collect a filing fee not to exceed the cost of filing the bond or the deposit in lieu of a bond pursuant to Section 995.710 of the Code of Civil Procedure. (Added by Stats. 1996, Ch. 633, Sec. 2. Effective January 1, 1997.)
  80. 22392.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 17. Invention Development Services Contracts [22370 - 22395] ( Chapter 17 added by Stats. 1975, Ch. 967. ) ## ARTICLE 6. Miscellaneous Provisions [22392 - 22395] ( Article 6 added by Stats. 1975, Ch. 967. )

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    Invention developers must keep all records and correspondence for each invention development services contract.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 17. Invention Development Services Contracts [22370 - 22395] ( Chapter 17 added by Stats. 1975, Ch. 967. ) ## ARTICLE 6. Miscellaneous Provisions [22392 - 22395] ( Article 6 added by Stats. 1975, Ch. 967. ) ## 22392. Every invention developer shall maintain all records and correspondence relating to performance of each invention development service contract for a period of not less than three years after expiration of the term of each such contract. (Added by Stats. 1975, Ch. 967.)
  81. 22393.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 17. Invention Development Services Contracts [22370 - 22395] ( Chapter 17 added by Stats. 1975, Ch. 967. ) ## ARTICLE 6. Miscellaneous Provisions [22392 - 22395] ( Article 6 added by Stats. 1975, Ch. 967. )

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    An invention developer must not advertise that it complies with this act.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 17. Invention Development Services Contracts [22370 - 22395] ( Chapter 17 added by Stats. 1975, Ch. 967. ) ## ARTICLE 6. Miscellaneous Provisions [22392 - 22395] ( Article 6 added by Stats. 1975, Ch. 967. ) ## 22393. No invention developer shall make, or authorize the making of, any reference to compliance by it with this act in any advertisement. (Added by Stats. 1975, Ch. 967.)
  82. 22394.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 17. Invention Development Services Contracts [22370 - 22395] ( Chapter 17 added by Stats. 1975, Ch. 967. ) ## ARTICLE 6. Miscellaneous Provisions [22392 - 22395] ( Article 6 added by Stats. 1975, Ch. 967. )

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    If part of the act is held unconstitutional, the rest of the chapter and its application to other persons or circumstances remain unaffected.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 17. Invention Development Services Contracts [22370 - 22395] ( Chapter 17 added by Stats. 1975, Ch. 967. ) ## ARTICLE 6. Miscellaneous Provisions [22392 - 22395] ( Article 6 added by Stats. 1975, Ch. 967. ) ## 22394. If any provision of this act or the application thereof to any person or circumstances is held unconstitutional, the remainder of the chapter and the application of such provision to other persons and circumstances shall not be affected thereby. (Amended by Stats. 1982, Ch. 466, Sec. 8.)
  83. 22395.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 17. Invention Development Services Contracts [22370 - 22395] ( Chapter 17 added by Stats. 1975, Ch. 967. ) ## ARTICLE 6. Miscellaneous Provisions [22392 - 22395] ( Article 6 added by Stats. 1975, Ch. 967. )

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    An invention developer must keep a customer’s disclosures confidential, with listed exceptions, and take reasonable steps to prevent third-party disclosure.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 17. Invention Development Services Contracts [22370 - 22395] ( Chapter 17 added by Stats. 1975, Ch. 967. ) ## ARTICLE 6. Miscellaneous Provisions [22392 - 22395] ( Article 6 added by Stats. 1975, Ch. 967. ) ## 22395. An invention developer shall maintain as confidential all disclosures made to it by a customer seeking invention development services, except: (a) Information which at the time of disclosure is in the public domain. (b) Information which, after disclosure, becomes part of the public domain by publication or otherwise, independently of any act or omission by the invention developer. (c) Information which the invention developer can establish by competent proof was in its possession at the time of disclosure by the customer, and was not acquired, directly or indirectly, from the customer. (d) Information which the invention developer receives from a third party; provided, however, that such information was not obtained in confidence by said third party, directly or indirectly, from the customer. This duty of confidentiality includes the taking of reasonable steps by the invention developer to prevent disclosure of confidential information to third parties. This confidential relationship cannot be waived by a customer without an express written waiver by the customer of the invention developer’s obligation of confidentiality, and no waiver shall be entered into until after the disclosures described in Section 22381 have been made. (Added by Stats. 1983, Ch. 332, Sec. 4.)
  84. 2240.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by 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 must report certain out-of-hospital procedures that result in a patient’s death or a hospital transfer over 24 hours, and the board oversees the reporting process.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by 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. ) ## 2240. (a) A physician and surgeon who performs a medical procedure outside of a general acute care hospital, as defined in subdivision (a) of Section 1250 of the Health and Safety Code, that results in the death of any patient on whom that medical treatment was performed by the physician and surgeon, or by a person acting under the physician and surgeon’s orders or supervision, shall report, in writing on a form prescribed by the board, that occurrence to the board within 15 days after the occurrence. (b) A physician and surgeon who performs a scheduled medical procedure outside of a general acute care hospital, as defined in subdivision (a) of Section 1250 of the Health and Safety Code, that results in the transfer to a hospital or emergency center for medical treatment for a period exceeding 24 hours, of any patient on whom that medical treatment was performed by the physician and surgeon, or by a person acting under the physician and surgeon’s orders or supervision, shall report, in writing, on a form prescribed by the board that occurrence, within 15 days after the occurrence. The form shall contain all of the following information: (1) Name of the patient’s physician in the outpatient setting. (2) Name of the physician with hospital privileges. (3) Name of the patient and patient identifying information. (4) Name of the hospital or emergency center where the patient was transferred. (5) Type of outpatient procedures being performed. (6) Events triggering the transfer. (7) Duration of the hospital stay. (8) Final disposition or status, if not released from the hospital, of the patient. (9) Physician’s practice specialty and ABMS certification, if applicable. (c) The form described in subdivision (b) shall be constructed in a format to enable the physician and surgeon to transmit the information in paragraphs (5) to (9), inclusive, to the board in a manner that the physician and surgeon and the patient are anonymous and their identifying information is not transmitted to the board. The entire form containing information described in paragraphs (1) to (9), inclusive, shall be placed in the patient’s medical record. (d) The board shall aggregate the data and publish an annual report on the information collected pursuant to subdivisions (a) and (b). (e) On and after January 1, 2002, the data required in subdivision (b) shall be sent to the Department of Health Care Access and Information instead of the board. The Department of Health Care Access and Information may revise the reporting requirements to fit state and national standards, as applicable. The board shall work with the Department of Health Care Access and Information in developing the reporting mechanism to satisfy the data collection requirements of this section. (f) The failure to comply with this section constitutes unprofessional conduct. (Amended by Stats. 2022, Ch. 511, Sec. 10. (SB 1495) Effective January 1, 2023.)
  85. 2241.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by 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 physician and surgeon may prescribe, dispense, or administer certain drugs to a person with substance use disorder, but maintenance or detoxification treatment is limited and nonmedical use is not authorized.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by 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. ) ## 2241. (a) A physician and surgeon may prescribe, dispense, or administer prescription drugs, including prescription controlled substances, to a person with substance use disorder under the physician and surgeon’s treatment for a purpose other than maintenance on, or detoxification from, prescription drugs or controlled substances. (b) A physician and surgeon may prescribe, dispense, or administer prescription drugs or prescription controlled substances to a person with substance use disorder for purposes of maintenance on, or detoxification from, prescription drugs or controlled substances only as set forth in subdivision (c) or in Sections 11215, 11217, 11217.5, 11218, 11219, and 11220 of the Health and Safety Code. Nothing in this subdivision shall authorize a physician and surgeon to prescribe, dispense, or administer dangerous drugs or controlled substances to a person they know or reasonably believe is using or will use the drugs or substances for a nonmedical purpose. (c) Notwithstanding subdivision (a), prescription drugs or controlled substances may also be administered or applied by a physician and surgeon, or by a registered nurse acting under their instruction and supervision, under the following circumstances: (1) Emergency treatment of a patient whose addiction is complicated by the presence of incurable disease, acute accident, illness, or injury, or the infirmities attendant upon age. (2) Treatment of persons with substance use disorder in state-licensed institutions where the patient is kept under restraint and control, or in city or county jails or state prisons. (3) Treatment of persons with substance use disorder as provided for by Section 11217.5 of the Health and Safety Code. (d) (1) For purposes of this section and Section 2241.5, “person with substance use disorder” means a person whose actions are characterized by craving in combination with one or more of the following: (A) Impaired control over drug use. (B) Compulsive use. (C) Continued use despite harm. (2) Notwithstanding paragraph (1), a person whose drug-seeking behavior is primarily due to the inadequate control of pain is not a person with substance use disorder within the meaning of this section or Section 2241.5. (Amended by Stats. 2023, Ch. 21, Sec. 1. (AB 1130) Effective January 1, 2024.)
  86. 2241.3.

    ## 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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    A physician and surgeon may prescribe a phototherapy device for a patient of any age.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by 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. ) ## 2241.3. Notwithstanding any other provision of law, nothing shall preclude a physician and surgeon from prescribing the use of a phototherapy device to a patient of any age. For purposes of this section, the term “phototherapy device” shall have the same meaning as in Section 22702. (Added by Stats. 2011, Ch. 664, Sec. 1. (SB 746) Effective January 1, 2012.)
  87. 2241.5.

    ## 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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    A physician and surgeon may prescribe, dispense, or administer certain drugs for pain treatment, and is protected from discipline when acting 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 12. Enforcement [2220 - 2319] ( Article 12 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2241.5. (a) A physician and surgeon may prescribe for, or dispense or administer to, a person under their treatment for a medical condition dangerous drugs or prescription controlled substances for the treatment of pain or a condition causing pain, including, but not limited to, intractable pain. (b) No physician and surgeon shall be subject to disciplinary action for prescribing, dispensing, or administering dangerous drugs or prescription controlled substances in accordance with this section. (c) This section shall not affect the power of the board to take any action described in Section 2227 against a physician and surgeon who does any of the following: (1) Violates subdivision (b), (c), or (d) of Section 2234 regarding gross negligence, repeated negligent acts, or incompetence. (2) Violates Section 2241 regarding treatment of a person with substance use disorder. (3) Violates Section 2242 or 2525.3 regarding performing an appropriate prior examination and the existence of a medical indication for prescribing, dispensing, or furnishing dangerous drugs or recommending medical cannabis. (4) Violates Section 2242.1 regarding prescribing on the Internet. (5) Fails to keep complete and accurate records of purchases and disposals of substances listed in the California Uniform Controlled Substances Act (Division 10 (commencing with Section 11000) of the Health and Safety Code) or controlled substances scheduled in the federal Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. Sec. 801 et seq.), or pursuant to the federal Comprehensive Drug Abuse Prevention and Control Act of 1970. A physician and surgeon shall keep records of their purchases and disposals of these controlled substances or dangerous drugs, including the date of purchase, the date and records of the sale or disposal of the drugs by the physician and surgeon, the name and address of the person receiving the drugs, and the reason for the disposal or the dispensing of the drugs to the person, and shall otherwise comply with all state recordkeeping requirements for controlled substances. (6) Writes false or fictitious prescriptions for controlled substances listed in the California Uniform Controlled Substances Act or scheduled in the federal Comprehensive Drug Abuse Prevention and Control Act of 1970. (7) Prescribes, administers, or dispenses in violation of this chapter, or in violation of Chapter 4 (commencing with Section 11150) or Chapter 5 (commencing with Section 11210) of Division 10 of the Health and Safety Code. (d) A physician and surgeon shall exercise reasonable care in determining whether a particular patient or condition, or the complexity of a patient’s treatment, including, but not limited to, a current or recent pattern of drug abuse, requires consultation with, or referral to, a more qualified specialist. (e) Nothing in this section shall prohibit the governing body of a hospital from taking disciplinary actions against a physician and surgeon pursuant to Sections 809.05, 809.4, and 809.5. (Amended by Stats. 2023, Ch. 21, Sec. 2. (AB 1130) Effective January 1, 2024.)
  88. 2241.6.

    ## 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 Division of Medical Quality must develop standards by June 1, 2002, for reviewing cases involving a patient's pain management, including undertreatment, undermedication, and overmedication.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by 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. ) ## 2241.6. The Division of Medical Quality shall develop standards before June 1, 2002, to assure the competent review in cases concerning the management, including, but not limited to, the undertreatment, undermedication, and overmedication of a patient’s pain. The division may consult with entities such as the American Pain Society, the American Academy of Pain Medicine, the California Society of Anesthesiologists, the California Chapter of the American College of Emergency Physicians, and any other medical entity specializing in pain control therapies to develop the standards utilizing, to the extent they are applicable, current authoritative clinical practice guidelines. (Added by Stats. 2001, Ch. 518, Sec. 3. Effective January 1, 2002.)
  89. 22410.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 17.5. Appliance Labeling [22410 - 22411.2] ( Heading of Chapter 17.5 renumbered from Chapter 17 (as added by Stats. 1975, Ch. 923) by Stats. 1980, Ch. 676, Sec. 35. )

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    This section defines “appliance” and “manufacturer” 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 17.5. Appliance Labeling [22410 - 22411.2] ( Heading of Chapter 17.5 renumbered from Chapter 17 (as added by Stats. 1975, Ch. 923) by Stats. 1980, Ch. 676, Sec. 35. ) ## 22410. The following terms, as used in this chapter, have the meaning expressed in this section: (a) “Appliance” means any new television, radio, audio or video recorder, or playback device normally used or sold for use in the home or in a private motor vehicle, or any new refrigerator, freezer, range, oven, washer, dryer, dishwasher, room air conditioner, or sewing machine normally used or sold for use in the home, or any new typewriter, adding machine, calculator, or other similar machine, or any electrically operated tool, any of which appliances have a manufacturer’s invoice sale value of fifty dollars ($50) or more. (b) “Manufacturer” means any individual, partnership, corporation, association, or other legal relationship which is involved in the manufacture, assembly, or production of an appliance or whose brand name appears on any appliance. The term “manufacturer” also means any agent, representative or distributor of a manufacturer who sells, transfers, or exchanges an appliance to or with a retailer. (Added by Stats. 1975, Ch. 923.)
  90. 22411.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 17.5. Appliance Labeling [22410 - 22411.2] ( Heading of Chapter 17.5 renumbered from Chapter 17 (as added by Stats. 1975, Ch. 923) by Stats. 1980, Ch. 676, Sec. 35. )

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    Manufacturers may not sell an appliance in this state unless it has a unique permanent serial number, and they must give purchasers serial-number recording and retention information.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 17.5. Appliance Labeling [22410 - 22411.2] ( Heading of Chapter 17.5 renumbered from Chapter 17 (as added by Stats. 1975, Ch. 923) by Stats. 1980, Ch. 676, Sec. 35. ) ## 22411. No manufacturer shall sell any appliance in this state unless such appliance has been permanently marked with a serial number unique to that appliance. A marking that is required to be permanent shall be molded, die-stamped, or paint-stenciled or stamped or etched on metal that is permanently secured or indelibly stamped on pressure sensitive labels secured by adhesive that is adequate and suitable for permanent application. Every manufacturer of an appliance to be sold within this state shall provide on the first page of the warranty or instruction manual, or on a separate card, a description of the appliance providing a space thereon for recording the model number and serial number, the description of the location of such numbers on the appliance, and instructions to the final purchaser of the appliance to record and retain such numbers. (Amended by Stats. 1977, Ch. 44.)
  91. 22411.2.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 17.5. Appliance Labeling [22410 - 22411.2] ( Heading of Chapter 17.5 renumbered from Chapter 17 (as added by Stats. 1975, Ch. 923) by Stats. 1980, Ch. 676, Sec. 35. )

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    Section 22411 does not apply to certain radios in new motor vehicles or to dealer replacement radios.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 17.5. Appliance Labeling [22410 - 22411.2] ( Heading of Chapter 17.5 renumbered from Chapter 17 (as added by Stats. 1975, Ch. 923) by Stats. 1980, Ch. 676, Sec. 35. ) ## 22411.2. The provisions of Section 22411 shall not apply to factory or dealer installed radios installed in a new motor vehicle or to radios installed in a motor vehicle by a dealer to replace such factory or dealer installed radios. (Added by Stats. 1977, Ch. 44.)
  92. 2242.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by 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 licensee may commit unprofessional conduct by prescribing, dispensing, or furnishing dangerous drugs without a proper prior examination and a medical indication.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by 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. ) ## 2242. (a) Prescribing, dispensing, or furnishing dangerous drugs as defined in Section 4022 without an appropriate prior examination and a medical indication, constitutes unprofessional conduct. An appropriate prior examination does not require a synchronous interaction between the patient and the licensee and can be achieved through the use of telehealth, including, but not limited to, a self-screening tool or a questionnaire, provided that the licensee complies with the appropriate standard of care. (b) No licensee shall be found to have committed unprofessional conduct within the meaning of this section if, at the time the drugs were prescribed, dispensed, or furnished, any of the following applies: (1) The licensee was a designated physician and surgeon or podiatrist serving in the absence of the patient’s physician and surgeon or podiatrist, as the case may be, and if the drugs were prescribed, dispensed, or furnished only as necessary to maintain the patient until the return of the patient’s practitioner, but in any case no longer than 72 hours. (2) The licensee transmitted the order for the drugs to a registered nurse or to a licensed vocational nurse in an inpatient facility, and if both of the following conditions exist: (A) The practitioner had consulted with the registered nurse or licensed vocational nurse who had reviewed the patient’s records. (B) The practitioner was designated as the practitioner to serve in the absence of the patient’s physician and surgeon or podiatrist, as the case may be. (3) The licensee was a designated practitioner serving in the absence of the patient’s physician and surgeon or podiatrist, as the case may be, and was in possession of or had utilized the patient’s records and ordered the renewal of a medically indicated prescription for an amount not exceeding the original prescription in strength or amount or for more than one refill. (4) The licensee was acting in accordance with Section 120582 of the Health and Safety Code. (Amended by Stats. 2019, Ch. 741, Sec. 1. (AB 1264) Effective October 11, 2019.)
  93. 2242.1.

    ## 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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    A person or entity generally may not prescribe, dispense, or furnish dangerous drugs or devices on the Internet for delivery in this state unless there was an appropriate prior examination and medical indication, or the conduct is authorized by Section 2242.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by 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. ) ## 2242.1. (a) No person or entity may prescribe, dispense, or furnish, or cause to be prescribed, dispensed, or furnished, dangerous drugs or dangerous devices, as defined in Section 4022, on the Internet for delivery to any person in this state, without an appropriate prior examination and medical indication, except as authorized by Section 2242. (b) Notwithstanding any other provision of law, a violation of this section may subject the person or entity that has committed the violation to either a fine of up to twenty-five thousand dollars ($25,000) per occurrence pursuant to a citation issued by the board or a civil penalty of twenty-five thousand dollars ($25,000) per occurrence. (c) The Attorney General may bring an action to enforce this section and to collect the fines or civil penalties authorized by subdivision (b). (d) For notifications made on and after January 1, 2002, the Franchise Tax Board, upon notification by the Attorney General or the board of a final judgment in an action brought under this section, shall subtract the amount of the fine or awarded civil penalties from any tax refunds or lottery winnings due to the person who is a defendant in the action using the offset authority under Section 12419.5 of the Government Code, as delegated by the Controller, and the processes as established by the Franchise Tax Board for this purpose. That amount shall be forwarded to the board for deposit in the Contingent Fund of the Medical Board of California. (e) If the person or entity that is the subject of an action brought pursuant to this section is not a resident of this state, a violation of this section shall, if applicable, be reported to the person’s or entity’s appropriate professional licensing authority. (f) Nothing in this section shall prohibit the board from commencing a disciplinary action against a physician and surgeon pursuant to Section 2242 or 2525.3. (Amended by Stats. 2015, Ch. 719, Sec. 4. (SB 643) Effective January 1, 2016.)
  94. 2242.2.

    ## 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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    Certain licensed health professionals may use a self-screening tool and, after an appropriate prior examination, prescribe, furnish, or dispense self-administered hormonal contraceptives.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by 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. ) ## 2242.2. Notwithstanding any other law, a physician and surgeon, a nurse practitioner acting within the scope of Section 2837.103 or 2837.104, a registered nurse acting in accordance with Section 2725.2, a certified nurse-midwife acting within the scope of Section 2746.51, a nurse practitioner acting within the scope of Section 2836.1, a physician assistant acting within the scope of Section 3502.1, and a pharmacist acting within the scope of Section 4052.3 may use a self-screening tool that will identify patient risk factors for the use of self-administered hormonal contraceptives by a patient, and, after an appropriate prior examination, prescribe, furnish, or dispense, as applicable, self-administered hormonal contraceptives to the patient. Blood pressure, weight, height, and patient health history may be self-reported using the self-screening tool that identifies patient risk factors. (Amended by Stats. 2022, Ch. 413, Sec. 2. (AB 2684) Effective January 1, 2023.)
  95. 2243.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by 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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    If the National Health Services Corps refers a physician or surgeon default to the U.S. Attorney General, the board must review the facts and, if it finds unprofessional conduct under Section 2234, take appropriate disciplinary action.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by 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. ) ## 2243. Upon referral by the National Health Services Corps to the Attorney General of the United States of any physician or surgeon who fails to provide service as a general practitioner or physician and surgeon as required pursuant to the grant agreement entered into between the physician and surgeon and the National Health Services Corps program (42 U.S.C. Sec. 254d), or the federal loan insurance program (42 U.S.C. Sec. 294), the board, upon notification by the Attorney General of the United States, shall review the facts and circumstances of the default and take appropriate disciplinary action where the board determines that the licensee has committed unprofessional conduct in violation of Section 2234. (Added by renumbering Section 2430 by Stats. 1995, Ch. 708, Sec. 11.7. Effective January 1, 1996.)
  96. 22430.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 18. Identification Cards [22430- 22430.] ( Chapter 18 added by Stats. 1979, Ch. 739. )

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    Deceptive identification documents may not be made, sold, transported, imported, or otherwise handled in California unless they prominently say “NOT A GOVERNMENT DOCUMENT” and show the manufacturer’s name.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 18. Identification Cards [22430- 22430.] ( Chapter 18 added by Stats. 1979, Ch. 739. ) ## 22430. (a) No deceptive identification document shall be manufactured, sold, offered for sale, furnished, offered to be furnished, transported, offered to be transported, or imported or offered to be imported into this state unless there is diagonally across the face of the document, in not less than 14-point type and printed conspicuously on the document in permanent ink, the following statement: NOT A GOVERNMENT DOCUMENT and, also printed conspicuously on the document, the name of the manufacturer. (b) As used in this section, “deceptive identification document” means any document not issued by a governmental agency of this state, another state, or the federal government, which purports to be, or which might deceive an ordinary reasonable person into believing that it is, a document issued by such an agency, including, but not limited to, a driver’s license, identification card, birth certificate, passport, or social security card. (c) Any person who violates or proposes to violate this section may be enjoined by any court of competent jurisdiction. Actions for injunction under this section may be prosecuted by the Attorney General or any district attorney in this state in the name of the people of the State of California upon their own complaint or upon the complaint of any person. (d) Any person who violates the provisions of subdivision (a) who knows or reasonably should know that the deceptive identification document will be used for fraudulent purposes is guilty of a crime, and upon conviction therefor, shall be punished by imprisonment in the county jail not to exceed one year, or by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code. (Amended by Stats. 2011, Ch. 15, Sec. 29. (AB 109) Effective April 4, 2011. Operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68.)
  97. 22433.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 18.5. Simulated Checks [22433- 22433.] ( Chapter 18.5 added by Stats. 1990, Ch. 395, Sec. 1. )

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    This section defines “simulated check” and prohibits any person from producing, advertising, selling, distributing, or otherwise transferring one for use in this state.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 18.5. Simulated Checks [22433- 22433.] ( Chapter 18.5 added by Stats. 1990, Ch. 395, Sec. 1. ) ## 22433. (a) As used in this section, “simulated check” means any document that is not currency or a check, draft, note, bond, or other negotiable instrument but that, because of its appearance, has the tendency to mislead or deceive any person viewing it into believing that it, in fact, represents any of the following: (1) currency or a negotiable instrument that can be deposited in a bank or used for third party payments; (2) a prize, gift, or monetary benefit that the recipient has won or is entitled or guaranteed to receive; or (3) an actual check or other item of value that can be claimed or redeemed. “Simulated check” does not include a nonnegotiable check, draft, note, or other instrument that is used for soliciting orders for the purchase of checks, drafts, notes, bonds, or other instruments, and that is clearly marked as a sample, specimen, or nonnegotiable. “Simulated check” also does not include any document indicating in a truthful and nonmisleading manner that a person, in fact, unconditionally has won or is entitled or guaranteed to receive a specific prize, gift, or amount of money or credit. (b) No person shall produce, advertise, offer for sale, sell, distribute, or otherwise transfer for use in this state any simulated check. (c) The Attorney General may bring an action to enjoin a violation of this section, and to recover a civil penalty of not more than one hundred dollars ($100) for each violation of this section. A violation of this section may be enjoined without proof that any person has, in fact, been injured or damaged by the violation. (Amended by Stats. 2000, Ch. 185, Sec. 2. Effective January 1, 2001.)
  98. 22435.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 19. Shopping and Laundry Carts [22435 - 22435.13] ( Chapter 19 added by Stats. 1981, Ch. 687, Sec. 1. ) ## ARTICLE 1. Identification of Shopping and Laundry Carts [22435 - 22435.8] ( Article 1 added by Stats. 1981, Ch. 687, Sec. 1. )

    Verify source ↗

    This section defines “shopping cart,” “laundry cart,” and “parking area” for this article.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 19. Shopping and Laundry Carts [22435 - 22435.13] ( Chapter 19 added by Stats. 1981, Ch. 687, Sec. 1. ) ## ARTICLE 1. Identification of Shopping and Laundry Carts [22435 - 22435.8] ( Article 1 added by Stats. 1981, Ch. 687, Sec. 1. ) ## 22435. As used in this article: (a) “Shopping cart” means a basket which is mounted on wheels or a similar device generally used in a retail establishment by a customer for the purpose of transporting goods of any kind. (b) “Laundry cart” means a basket which is mounted on wheels and used in a coin-operated laundry or drycleaning retail establishment by a customer or an attendant for the purpose of transporting fabrics and the supplies necessary to process them. (c) “Parking area” means a parking lot or other property provided by a retailer for use by a customer for parking an automobile or other vehicle. (Added by Stats. 1981, Ch. 687, Sec. 1.)
  99. 22435.1.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 19. Shopping and Laundry Carts [22435 - 22435.13] ( Chapter 19 added by Stats. 1981, Ch. 687, Sec. 1. ) ## ARTICLE 1. Identification of Shopping and Laundry Carts [22435 - 22435.8] ( Article 1 added by Stats. 1981, Ch. 687, Sec. 1. )

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    Section 22435.2 applies only when a shopping cart or laundry cart has a permanent sign with the required owner/retailer identification, removal instructions, violation notice, and return contact information.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 19. Shopping and Laundry Carts [22435 - 22435.13] ( Chapter 19 added by Stats. 1981, Ch. 687, Sec. 1. ) ## ARTICLE 1. Identification of Shopping and Laundry Carts [22435 - 22435.8] ( Article 1 added by Stats. 1981, Ch. 687, Sec. 1. ) ## 22435.1. The provisions of Section 22435.2 shall apply when a shopping cart or a laundry cart has a sign permanently affixed to it that identifies the owner of the cart or the retailer, or both; notifies the public of the procedure to be utilized for authorized removal of the cart from the premises; notifies the public that the unauthorized removal of the cart from the premises or parking area of the retail establishment, or the unauthorized possession of the cart, is a violation of state law; and lists a valid telephone number or address for returning the cart removed from the premises or parking area to the owner or retailer. (Amended by Stats. 1996, Ch. 291, Sec. 1. Effective January 1, 1997.)
  100. 22435.10.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 19. Shopping and Laundry Carts [22435 - 22435.13] ( Chapter 19 added by Stats. 1981, Ch. 687, Sec. 1. ) ## ARTICLE 2. Shopping Cart or Laundry Cart Retrieval Services [22435.10 - 22435.13] ( Article 2 added by Stats. 1981, Ch. 687, Sec. 1. )

    Verify source ↗

    This section defines terms used in the article on shopping cart or laundry cart retrieval services.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 19. Shopping and Laundry Carts [22435 - 22435.13] ( Chapter 19 added by Stats. 1981, Ch. 687, Sec. 1. ) ## ARTICLE 2. Shopping Cart or Laundry Cart Retrieval Services [22435.10 - 22435.13] ( Article 2 added by Stats. 1981, Ch. 687, Sec. 1. ) ## 22435.10. As used in this article: (a) “In the business of shopping cart or laundry cart retrieval” means to search for, gather, and restore possession to the owner, or an agent thereof, for compensation or in expectation of compensation, of shopping carts or laundry carts located outside the premises or parking area of a retail establishment. (b) “Shopping cart” means a basket which is mounted on wheels or a similar device generally used in a retail establishment by a customer for the purpose of transporting goods of any kind. (c) “Laundry cart” means a basket which is mounted on wheels and used in a coin-operated laundry or drycleaning retail establishment by a customer or an attendant for the purpose of transporting fabrics and the supplies necessary to process them. (d) “Parking area” means a parking lot or other property provided by a retailer for use by a customer for parking an automobile or other vehicle. (Added by Stats. 1981, Ch. 687, Sec. 1.)
  101. 22435.11.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 19. Shopping and Laundry Carts [22435 - 22435.13] ( Chapter 19 added by Stats. 1981, Ch. 687, Sec. 1. ) ## ARTICLE 2. Shopping Cart or Laundry Cart Retrieval Services [22435.10 - 22435.13] ( Article 2 added by Stats. 1981, Ch. 687, Sec. 1. )

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    People who retrieve shopping carts or laundry carts must keep written authorization records from the cart owner or the owner’s agent, and keep a copy of that record in each vehicle used for the work.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 19. Shopping and Laundry Carts [22435 - 22435.13] ( Chapter 19 added by Stats. 1981, Ch. 687, Sec. 1. ) ## ARTICLE 2. Shopping Cart or Laundry Cart Retrieval Services [22435.10 - 22435.13] ( Article 2 added by Stats. 1981, Ch. 687, Sec. 1. ) ## 22435.11. (a) Any person who engages in the business of shopping cart or laundry cart retrieval shall retain records showing written authorization from the cart owner, or an agent thereof, to retrieve the cart or carts and to be in possession of the cart or carts retrieved. (b) A copy of the record showing written authorization shall be maintained in each vehicle used for shopping cart or laundry cart retrieval. (Added by Stats. 1981, Ch. 687, Sec. 1.)
  102. 22435.12.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 19. Shopping and Laundry Carts [22435 - 22435.13] ( Chapter 19 added by Stats. 1981, Ch. 687, Sec. 1. ) ## ARTICLE 2. Shopping Cart or Laundry Cart Retrieval Services [22435.10 - 22435.13] ( Article 2 added by Stats. 1981, Ch. 687, Sec. 1. )

    Verify source ↗

    Vehicles used to retrieve shopping carts or laundry carts must display a sign that clearly identifies the retrieval service.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 19. Shopping and Laundry Carts [22435 - 22435.13] ( Chapter 19 added by Stats. 1981, Ch. 687, Sec. 1. ) ## ARTICLE 2. Shopping Cart or Laundry Cart Retrieval Services [22435.10 - 22435.13] ( Article 2 added by Stats. 1981, Ch. 687, Sec. 1. ) ## 22435.12. Each vehicle employed for the retrieval of shopping carts or laundry carts shall display a sign that clearly identifies the retrieval service. (Added by Stats. 1981, Ch. 687, Sec. 1.)
  103. 22435.13.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 19. Shopping and Laundry Carts [22435 - 22435.13] ( Chapter 19 added by Stats. 1981, Ch. 687, Sec. 1. ) ## ARTICLE 2. Shopping Cart or Laundry Cart Retrieval Services [22435.10 - 22435.13] ( Article 2 added by Stats. 1981, Ch. 687, Sec. 1. )

    Verify source ↗

    Breaking this article’s rules 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 19. Shopping and Laundry Carts [22435 - 22435.13] ( Chapter 19 added by Stats. 1981, Ch. 687, Sec. 1. ) ## ARTICLE 2. Shopping Cart or Laundry Cart Retrieval Services [22435.10 - 22435.13] ( Article 2 added by Stats. 1981, Ch. 687, Sec. 1. ) ## 22435.13. Any person who violates the provisions of this article is guilty of a misdemeanor. The provisions of this section are not intended to preclude the application of any other laws relating to prosecution for theft. (Added by Stats. 1981, Ch. 687, Sec. 1.)
  104. 22435.2.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 19. Shopping and Laundry Carts [22435 - 22435.13] ( Chapter 19 added by Stats. 1981, Ch. 687, Sec. 1. ) ## ARTICLE 1. Identification of Shopping and Laundry Carts [22435 - 22435.8] ( Article 1 added by Stats. 1981, Ch. 687, Sec. 1. )

    Verify source ↗

    It is unlawful to remove, possess, abandon, tamper with, or possess altered shopping or laundry carts when the carts have the required sign and the conduct is done with intent to deprive the owner 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 19. Shopping and Laundry Carts [22435 - 22435.13] ( Chapter 19 added by Stats. 1981, Ch. 687, Sec. 1. ) ## ARTICLE 1. Identification of Shopping and Laundry Carts [22435 - 22435.8] ( Article 1 added by Stats. 1981, Ch. 687, Sec. 1. ) ## 22435.2. It is unlawful to do any of the following acts, if a shopping cart or laundry cart has a permanently affixed sign as provided in Section 22435.1: (a) To remove a shopping cart or laundry cart from the premises or parking area of a retail establishment with the intent to temporarily or permanently deprive the owner or retailer of possession of the cart. (b) To be in possession of any shopping cart or laundry cart that has been removed from the premises or the parking area of a retail establishment, with the intent to temporarily or permanently deprive the owner or retailer of possession of the cart. (c) To be in possession of any shopping cart or laundry cart with serial numbers removed, obliterated, or altered, with the intent to temporarily or permanently deprive the owner or retailer of possession of the cart. (d) To leave or abandon a shopping cart or laundry cart at a location other than the premises or parking area of the retail establishment with the intent to temporarily or permanently deprive the owner or retailer of possession of the cart. (e) To alter, convert, or tamper with a shopping cart or laundry cart, or to remove any part or portion thereof or to remove, obliterate or alter serial numbers on a cart, with the intent to temporarily or permanently deprive the owner or retailer of possession of the cart. (f) To be in possession of any shopping cart or laundry cart while that cart is not located on the premises or parking lot of a retail establishment, with the intent to temporarily or permanently deprive the owner or retailer of possession of the cart. (Amended by Stats. 1983, Ch. 436, Sec. 1.)
  105. 22435.3.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 19. Shopping and Laundry Carts [22435 - 22435.13] ( Chapter 19 added by Stats. 1981, Ch. 687, Sec. 1. ) ## ARTICLE 1. Identification of Shopping and Laundry Carts [22435 - 22435.8] ( Article 1 added by Stats. 1981, Ch. 687, Sec. 1. )

    Verify source ↗

    Violating any provision of this article is a misdemeanor.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 19. Shopping and Laundry Carts [22435 - 22435.13] ( Chapter 19 added by Stats. 1981, Ch. 687, Sec. 1. ) ## ARTICLE 1. Identification of Shopping and Laundry Carts [22435 - 22435.8] ( Article 1 added by Stats. 1981, Ch. 687, Sec. 1. ) ## 22435.3. Any person who violates any of the provisions of this article is guilty of a misdemeanor. The provisions of this section are not intended to preclude the application of any other laws relating to prosecution for theft. (Added by Stats. 1981, Ch. 687, Sec. 1.)
  106. 22435.4.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 19. Shopping and Laundry Carts [22435 - 22435.13] ( Chapter 19 added by Stats. 1981, Ch. 687, Sec. 1. ) ## ARTICLE 1. Identification of Shopping and Laundry Carts [22435 - 22435.8] ( Article 1 added by Stats. 1981, Ch. 687, Sec. 1. )

    Verify source ↗

    This article does not apply to cart owners, retailers, their agents or employees, or to customers who have written consent from the cart owner or retailer for the listed conduct.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 19. Shopping and Laundry Carts [22435 - 22435.13] ( Chapter 19 added by Stats. 1981, Ch. 687, Sec. 1. ) ## ARTICLE 1. Identification of Shopping and Laundry Carts [22435 - 22435.8] ( Article 1 added by Stats. 1981, Ch. 687, Sec. 1. ) ## 22435.4. This article shall not apply to the owner of a shopping cart or laundry cart or to a retailer, or to their agents or employees, or to a customer of a retail establishment who has written consent from the owner of a shopping cart or laundry cart or a retailer to be in possession of the shopping cart or laundry cart or to remove the shopping cart or laundry cart from the premises or the parking area of the retail establishment, or to do any of the acts specified in Section 22435.2. (Added by Stats. 1981, Ch. 687, Sec. 1.)
  107. 22435.5.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 19. Shopping and Laundry Carts [22435 - 22435.13] ( Chapter 19 added by Stats. 1981, Ch. 687, Sec. 1. ) ## ARTICLE 1. Identification of Shopping and Laundry Carts [22435 - 22435.8] ( Article 1 added by Stats. 1981, Ch. 687, Sec. 1. )

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    If a shopping or laundry cart has the required sign, civil and criminal proceedings treat that sign as evidence about who owns the cart and whether it was abandoned.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 19. Shopping and Laundry Carts [22435 - 22435.13] ( Chapter 19 added by Stats. 1981, Ch. 687, Sec. 1. ) ## ARTICLE 1. Identification of Shopping and Laundry Carts [22435 - 22435.8] ( Article 1 added by Stats. 1981, Ch. 687, Sec. 1. ) ## 22435.5. (a) In any civil proceeding, any shopping cart or laundry cart which has a sign affixed to it pursuant to Section 22435.1 shall establish a rebuttable presumption affecting the burden of producing evidence that the property is that of the person or business named in the sign and not abandoned by the person or business named in the sign. (b) In any criminal proceeding, it may be inferred that any shopping cart or laundry cart which has a sign affixed to it pursuant to Section 22435.1 is the property of the person or business named in the sign and has not been abandoned by the person or business named in the sign. (Added by Stats. 1983, Ch. 436, Sec. 2.)
  108. 22435.7.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 19. Shopping and Laundry Carts [22435 - 22435.13] ( Chapter 19 added by Stats. 1981, Ch. 687, Sec. 1. ) ## ARTICLE 1. Identification of Shopping and Laundry Carts [22435 - 22435.8] ( Article 1 added by Stats. 1981, Ch. 687, Sec. 1. )

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    Local governments may retrieve or impound certain shopping carts, must give notice in specified cases, and may charge costs or fines subject to time limits and exceptions.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 19. Shopping and Laundry Carts [22435 - 22435.13] ( Chapter 19 added by Stats. 1981, Ch. 687, Sec. 1. ) ## ARTICLE 1. Identification of Shopping and Laundry Carts [22435 - 22435.8] ( Article 1 added by Stats. 1981, Ch. 687, Sec. 1. ) ## 22435.7. (a) The Legislature hereby finds that the retrieval by local governmental agencies of shopping carts specified in this section is in need of uniform statewide regulation and constitutes a matter of statewide concern that shall be governed solely by this section and Section 22435.7.5. (b) (1) A city, county, or city and county may do either of the following with a shopping cart that has a sign affixed to it in accordance with Section 22435.1 that is located outside the premises or parking area of a retail establishment: (A) Pursuant to an ordinance adopted by a city, county, or city and county in accordance with Section 22435.7.5, retrieve and return the shopping cart to the parking area or premises of the owner or retailer identified on the sign. (B) Except as provided in subdivision (i), if the shopping cart is not retrieved within three business days from the date the owner of the shopping cart, or their agent, receives actual notice from the city, county, or city and county of the shopping cart’s discovery and location, impound the shopping cart. (2) For purposes of this subdivision, the parking area of a retail establishment located in a multistore complex or shopping center shall include the entire parking area used by the complex or center. (c) In instances where the location of a shopping cart will impede emergency services, a city, county, or city and county is authorized to immediately impound the shopping cart from public or private property. (d) Any city, county, or city and county that impounds a shopping cart under the authority provided in subdivisions (b) and (c) is authorized to recover its actual costs for providing this service. (e) Any shopping cart that is impounded by a city, county, or city and county pursuant to subdivisions (b) and (c) shall be held at a location that is both: (1) Reasonably convenient to the owner of the shopping cart. (2) Open for business at least six hours of each business day. (f) (1) A city, county, or city and county may fine the owner of a shopping cart in an amount not to exceed one hundred dollars ($100) for each occurrence in excess of three during a specified six-month period for failure to retrieve shopping carts in accordance with subparagraph (B) of paragraph (1) of subdivision (b) or subdivision (c). (2) For purposes of this paragraph, “occurrence” means a failure to retrieve a shopping cart within three business days from the date the owner of the shopping cart, or their agent, receives actual notice from the city, county, or city and county of the shopping cart’s discovery and location. (g) Any shopping cart not reclaimed from the city, county, or city and county within 30 days of receipt of a notice of violation by the owner of the shopping cart may be sold or otherwise disposed of by the entity in possession of the shopping cart. (h) This section shall not invalidate any contract entered into prior to June 30, 1996, between a city, county, or city and county and a person or business entity for the purpose of retrieving or impounding shopping carts. (i) Notwithstanding subparagraph (B) of paragraph (1) of subdivision (b), a city, county, or city and county may impound a shopping cart that otherwise meets the criteria set forth in that subparagraph without complying with the three-day advance notice requirement provided that: (1) The owner of the shopping cart, or their agent, is provided actual notice within 24 hours following the impound and that notice informs the owner, or their agent, as to the location where the shopping cart may be claimed. (2) Any shopping cart so impounded shall be held at a location in compliance with subdivision (e). (3) Any shopping cart reclaimed by the owner or their agent, within three business days following the date of actual notice as provided pursuant to paragraph (1), shall be released and surrendered to the owner or agent at no charge whatsoever, including the waiver of any impound and storage fees or fines that would otherwise be applicable pursuant to subdivision (d) or (f). Any cart reclaimed within the three-business-day period shall not be deemed an occurrence for purposes of subdivision (f). (4) Any shopping cart not reclaimed by the owner or their agent, within three business days following the date of actual notice as provided pursuant to paragraph (1), shall be subject to any applicable fee or fine imposed pursuant to subdivision (d) or (f) commencing on the fourth business day following the date of the notice. (5) Any shopping cart not reclaimed by the owner or their agent, within 30 days of receipt following the date of actual notice as provided pursuant to paragraph (1), may be sold or disposed of in accordance with subdivision (g). (j) For purposes of this section, actual notice shall require proof that the notice was delivered to the owner, or their agent, which may include, but is not limited to, telephone, mail with delivery confirmation, or electronic transmission with delivery confirmation. The city, county, or city and county shall maintain a record of that proof of delivery. (Amended by Stats. 2025, Ch. 785, Sec. 1. (SB 753) Effective January 1, 2026.)
  109. 22435.7.5.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 19. Shopping and Laundry Carts [22435 - 22435.13] ( Chapter 19 added by Stats. 1981, Ch. 687, Sec. 1. ) ## ARTICLE 1. Identification of Shopping and Laundry Carts [22435 - 22435.8] ( Article 1 added by Stats. 1981, Ch. 687, Sec. 1. )

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    Local governments may retrieve shopping carts only under this section’s rules, including notice, ordinance requirements, and cost limits.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 19. Shopping and Laundry Carts [22435 - 22435.13] ( Chapter 19 added by Stats. 1981, Ch. 687, Sec. 1. ) ## ARTICLE 1. Identification of Shopping and Laundry Carts [22435 - 22435.8] ( Article 1 added by Stats. 1981, Ch. 687, Sec. 1. ) ## 22435.7.5. (a) The Legislature hereby finds that the retrieval by local governmental agencies of shopping carts specified in this section is in need of uniform statewide regulation and constitutes a matter of statewide concern that shall be governed solely by this section and Section 22435.7. (b) (1) A city, county, or city and county shall only retrieve and return a shopping cart that is located outside the premises or parking area of a retail establishment to the parking area or premises of the owner or retailer identified on the sign affixed to it in accordance with Section 22435.1 and recover its actual costs, if the city, county, or city and county adopts an ordinance subject to the following requirements: (A) The ordinance includes criteria for determining that a shopping cart is inaccessible for retrieval by the shopping cart owner, or their agent. (B) The ordinance includes an explanation of how the actual costs for retrieving and returning a shopping cart will be determined. (C) The ordinance provides for at least 48 hours’ actual notice to the owner of the shopping cart, or their designated agent, of the shopping cart’s location before the city, county, or city and county retrieves the cart. (D) The ordinance provides that the city, county, or city and county may recover its actual costs for the retrieval and return from the owner of the shopping cart, except those determined to be inaccessible pursuant to the criteria in subparagraph (A), subject to the explanation described in subparagraph (B) and not to exceed more than one hundred dollars ($100) per shopping cart. (2) The ordinance may specify, but is not limited to, at least one of the following: (A) The actual notice provides for the specific location of the shopping cart. (B) The actual notice provides that the shopping cart is located within a predesignated area or route, as determined by the city, county, or city and county. (3) The ordinance may require the owner of the shopping cart, or their designated agent, to follow procedures for receiving actual notice. (c) When a city, county, or city and county retrieves a shopping cart in response to a duly filed complaint or service request submitted by a member of the public, the city, county, or city and county may do either of the following: (1) Retrieve and return the shopping cart without providing actual notice to the owner of the shopping cart, or their designated agent, in which case the city, county, or city and county shall not recover the actual costs of retrieval or return. (2) Provide at least 48 hours’ actual notice to the owner of the shopping cart, or their designated agent, before retrieval, in which case the city, county, or city and county may recover its actual costs of retrieval and return consistent with subdivision (b). (d) If the location of a shopping cart will impede emergency services or pose a substantial threat to health and safety, including an imminent hazard, a city, county, or city and county is authorized to immediately retrieve and return the shopping cart. (e) This section shall not prohibit a city, county, or city and county from being able to retrieve and return shopping carts for no reimbursement. (f) For purposes of this section, both of the following apply: (1) Actual notice shall require proof that the notice was delivered to the owner, or their agent, which may include, but is not limited to, telephone, mail with delivery confirmation, or electronic transmission with delivery confirmation. The city, county, or city and county shall maintain a record of that proof of delivery. (2) The parking area of a retail establishment located in a multistore complex or shopping center shall include the entire parking area used by the complex or center. (Added by Stats. 2025, Ch. 785, Sec. 2. (SB 753) Effective January 1, 2026.)
  110. 22435.8.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 19. Shopping and Laundry Carts [22435 - 22435.13] ( Chapter 19 added by Stats. 1981, Ch. 687, Sec. 1. ) ## ARTICLE 1. Identification of Shopping and Laundry Carts [22435 - 22435.8] ( Article 1 added by Stats. 1981, Ch. 687, Sec. 1. )

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    Cities, counties, and city and counties may adopt ordinances regulating or banning the removal of shopping or laundry carts from retail premises or parking areas, except where an ordinance expressly conflicts with 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 19. Shopping and Laundry Carts [22435 - 22435.13] ( Chapter 19 added by Stats. 1981, Ch. 687, Sec. 1. ) ## ARTICLE 1. Identification of Shopping and Laundry Carts [22435 - 22435.8] ( Article 1 added by Stats. 1981, Ch. 687, Sec. 1. ) ## 22435.8. This article shall not invalidate an ordinance of, or be construed to prohibit the adoption of an ordinance by, a city, county, or city and county, which ordinance regulates or prohibits the removal of shopping carts or laundry carts from the premises or parking area of a retail establishment except to the extent any provision of such an ordinance expressly conflicts with any provision of this article. (Added by Stats. 1998, Ch. 16, Sec. 2. Effective January 1, 1999.)
  111. 2244.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by 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 who collect biological specimens must make sure the specimens are kept in a locked container when they are placed in a public location outside the licensee’s control, unless the specimens were received by mail in compliance with applicable laws and regulations.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by 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. ) ## 2244. A physician and surgeon who collects biological specimens for clinical testing or examination shall secure or ensure that his or her employees, agents, or contractors secure those specimens in a locked container when those specimens are placed in a public location outside of the custodial control of the licensee, or his or her employees, agents, or contractors, pursuant to the requirements of Section 681. Commencing July 1, 2000, the board may impose a fine against a licensee not to exceed the sum of one thousand dollars ($1,000) for a violation of this section. This section shall not apply when the biological specimens have been received by mail in compliance with all applicable laws and regulations. (Added by Stats. 1999, Ch. 922, Sec. 1. Effective January 1, 2000.)
  112. 22440.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 19.5. Immigration Consultants [22440 - 22449] ( Chapter 19.5 repealed (as Chapter 20) and added by Stats. 1986, Ch. 248, Sec. 11. )

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    A person may not, for compensation, act as an immigration consultant in this state unless authorized by law.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 19.5. Immigration Consultants [22440 - 22449] ( Chapter 19.5 repealed (as Chapter 20) and added by Stats. 1986, Ch. 248, Sec. 11. ) ## 22440. It is unlawful for any person, for compensation, other than persons authorized to practice law or authorized by federal law to represent persons before the Board of Immigration Appeals or the United States Citizenship and Immigration Services, to engage in the business or act in the capacity of an immigration consultant within this state except as provided by this chapter. (Amended by Stats. 2004, Ch. 557, Sec. 1. Effective January 1, 2005.)
  113. 22441.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 19.5. Immigration Consultants [22440 - 22449] ( Chapter 19.5 repealed (as Chapter 20) and added by Stats. 1986, Ch. 248, Sec. 11. )

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    Immigration consultants may provide only nonlegal assistance or advice on immigration matters.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 19.5. Immigration Consultants [22440 - 22449] ( Chapter 19.5 repealed (as Chapter 20) and added by Stats. 1986, Ch. 248, Sec. 11. ) ## 22441. (a) A person engages in the business or acts in the capacity of an immigration consultant when that person gives nonlegal assistance or advice on an immigration matter. That assistance or advice includes, but is not limited to, the following: (1) Completing a form provided by a federal or state agency but not advising a person as to their answers on those forms. (2) Translating a person’s answers to questions posed in those forms. (3) Securing for a person supporting documents, such as birth certificates, which may be necessary to complete those forms. (4) Submitting completed forms on a person’s behalf and at their request to the United States Citizenship and Immigration Services. (5) Making referrals to persons who could undertake legal representation activities for a person in an immigration matter. (b) “Immigration matter” means any proceeding, filing, or action affecting the immigration or citizenship status of any person which arises under immigration and naturalization law, executive order or presidential proclamation, or action of the United States Citizenship and Immigration Services, the United States Department of State, or the United States Department of Labor. (c) “Compensation” means money, property, or anything else of value. (d) Every person engaged in the business or acting in the capacity of an immigration consultant shall only offer nonlegal assistance or advice in an immigration matter as defined in subdivision (a). Any act in violation of subdivision (a) is a violation of this chapter. (Amended by Stats. 2004, Ch. 557, Sec. 2. Effective January 1, 2005.)
  114. 22441.1.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 19.5. Immigration Consultants [22440 - 22449] ( Chapter 19.5 repealed (as Chapter 20) and added by Stats. 1986, Ch. 248, Sec. 11. )

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    Immigration consultants must pass a background check by the Secretary of State, and the Secretary of State must refuse filing documents and disqualify certain individuals based on specified convictions or nondisclosure.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 19.5. Immigration Consultants [22440 - 22449] ( Chapter 19.5 repealed (as Chapter 20) and added by Stats. 1986, Ch. 248, Sec. 11. ) ## 22441.1. (a) A person engaged in the business or acting in the capacity of an immigration consultant shall satisfactorily pass a background check conducted by the Secretary of State. (b) The Secretary of State shall disqualify an individual from acting as an immigration consultant for any of the following reasons: (1) Conviction of a felony. (2) Conviction of a disqualifying misdemeanor where not more than 10 years have passed since the completion of probation. A conviction after a plea of nolo contendere is deemed to be a conviction within the meaning of this paragraph. The list of disqualifying misdemeanors shall be the same as the disqualifying misdemeanors applicable to notaries public appointed and commissioned pursuant to Chapter 3 (commencing with Section 8200) of Division 1 of Title 2 of the Government Code. (3) Failure to disclose any arrest or conviction in the disclosure form required pursuant to subdivision (c) of Section 22443.1. (c) The Secretary of State shall complete a background check on every person engaged in the business or acting in the capacity of an immigration consultant who was bonded and qualified pursuant to this chapter on or before December 31, 2006. (d) The Secretary of State shall not file a bond, disclosure form, or photograph from a person who has failed to pass the background check required by this section. (Added by Stats. 2006, Ch. 605, Sec. 2. Effective January 1, 2007.)
  115. 22442.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 19.5. Immigration Consultants [22440 - 22449] ( Chapter 19.5 repealed (as Chapter 20) and added by Stats. 1986, Ch. 248, Sec. 11. )

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    Immigration consultants who contract with a client must give a written contract before any services are provided, and the contract must meet specified content and language requirements.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 19.5. Immigration Consultants [22440 - 22449] ( Chapter 19.5 repealed (as Chapter 20) and added by Stats. 1986, Ch. 248, Sec. 11. ) ## 22442. (a) Every person engaged in the business, or acting in the capacity of, an immigration consultant who enters into a contract or agreement with a client to provide services shall, prior to providing any services, provide the client with a written contract, the contents of which shall be prescribed by the Department of Consumer Affairs in regulations. (b) The written contract shall include all provisions relating to the following: (1) The services to be performed. Each service to be performed shall be itemized with an explanation of the purpose and process of each service. (2) The cost of each itemized service to be performed. (3) There shall be printed on the face of the contract in 10-point boldface type a statement that the immigration consultant is not an attorney and may not perform the legal services that an attorney performs. (4) The written contract shall list the documents to be prepared by the immigration consultant, shall explain the purpose and process of each document, and shall list the cost for preparing each document. (5) The written contract shall state the purpose for which the immigration consultant has been hired and the actions to be taken by the immigration consultant regarding each document, including the agency and office where each document will be filed and the approximate processing times according to current published agency guidelines. (6) The written contract shall include a provision that informs the client that he or she may report complaints relating to immigration consultants to the Executive Office for Immigration Review of the United States Department of Justice. The written contract shall also include a provision stating that complaints concerning the unauthorized practice of law may be reported to the State Bar of California. These required provisions shall include the toll-free telephone numbers and Internet Web sites of those entities. (c) An immigration consultant shall not include provisions in the written contract relating to either of the following: (1) Any guarantee or promise, unless the immigration consultant has some basis in fact for making the guarantee or promise. (2) Any statement that the immigration consultant can or will obtain special favors from or has special influence with the United States Citizenship and Immigration Services, or any other governmental agency, employee, or official, that may have a bearing on a client’s immigration matter. (d) The provisions of the written contract shall be stated both in English and in the client’s native language. (e) A written contract is void if it is not written pursuant to subdivision (d). (f) The client shall have the right to rescind the contract within 72 hours of signing the contract. The contents of this subdivision shall be conspicuously set forth in the written contract in both English and the client’s native language. (g) An immigration consultant shall not make the statements described in subdivision (c) orally to a client. (h) Except if required pursuant to subparagraph (B) of paragraph (2) of subdivision (c) of Section 22442.6, this section does not apply to employees of nonprofit, tax-exempt corporations who help clients complete application forms in an immigration matter free of charge or for a nominal fee, including reasonable costs, consistent with that authorized by the Board of Immigration Appeals under Section 292.2 of Title 8 of the Code of Federal Regulations. (Amended by Stats. 2013, Ch. 574, Sec. 3. (AB 1159) Effective October 5, 2013.)
  116. 22442.1.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 19.5. Immigration Consultants [22440 - 22449] ( Chapter 19.5 repealed (as Chapter 20) and added by Stats. 1986, Ch. 248, Sec. 11. )

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    Immigration consultants must give clients a signed receipt for each payment, provide an accounting statement every two months, and give the client a written translation of that statement in the client’s native language.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 19.5. Immigration Consultants [22440 - 22449] ( Chapter 19.5 repealed (as Chapter 20) and added by Stats. 1986, Ch. 248, Sec. 11. ) ## 22442.1. (a) A person engaged in the business or acting in the capacity of an immigration consultant shall provide a signed receipt to a client for each payment made by that client. The receipt shall be typed or computer generated on the consultant’s letterhead. (b) A statement of accounting for the services rendered and payments made shall be provided to the client every two months, shall be typed or computer generated on the immigration consultant’s letterhead, and shall display the individual charges and total charges for services and the client’s payments offsetting those charges. The consultant shall provide the client a written translation of the statement in the client’s native language. (Added by Stats. 2003, Ch. 384, Sec. 2. Effective January 1, 2004.)
  117. 22442.2.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 19.5. Immigration Consultants [22440 - 22449] ( Chapter 19.5 repealed (as Chapter 20) and added by Stats. 1986, Ch. 248, Sec. 11. )

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    Immigration consultants must post a detailed notice in their office, give clients a written disclosure before services begin, and include required statements in advertisements.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 19.5. Immigration Consultants [22440 - 22449] ( Chapter 19.5 repealed (as Chapter 20) and added by Stats. 1986, Ch. 248, Sec. 11. ) ## 22442.2. (a) An immigration consultant shall conspicuously display in his or her office a notice that shall be at least 12 by 20 inches with boldface type or print with each character at least one inch in height and width in English and in the native language of the immigration consultant’s clientele, that contains the following information: (1) The full name, address, and evidence of compliance with any applicable bonding requirement including the bond number, if any. (2) A statement that the immigration consultant is not an attorney. (3) The services that the immigration consultant provides and the current and total fee for each service. (4) The name of each immigration consultant employed at each location. (b) Prior to providing any services, an immigration consultant shall provide the client with a written disclosure in the native language of the client that shall include the following information: (1) The immigration consultant’s name, address, and telephone number. (2) The immigration consultant’s agent for service of process. (3) The legal name of the employee who consulted with the client, if different from the immigration consultant. (4) Evidence of compliance with any applicable bonding requirement, including the bond number, if any. (c) (1) Except as provided in paragraph (2) or (3), an immigration consultant who prints, displays, publishes, distributes, or broadcasts, or who causes to be printed, displayed, published, distributed, or broadcasted, any advertisement for services as an immigration consultant, within the meaning of Section 22441, shall include in that advertisement a clear and conspicuous statement that the immigration consultant is not an attorney. (2) Notwithstanding paragraph (1), a person engaging in the business or acting in the capacity of an immigration consultant who is not licensed as an attorney in any state or territory of the United States, but is authorized by federal law to represent persons before the Board of Immigration Appeals or the United States Citizenship and Immigration Services, shall include in any advertisement for services as an immigration consultant a clear and conspicuous statement that the immigration consultant is not an attorney but is authorized by federal law to represent persons before the Board of Immigration Appeals or the United States Citizenship and Immigration Services. (3) Notwithstanding paragraph (1), a person who is not an active member of the State Bar of California, but is an attorney licensed in another state or territory of the United States and is admitted to practice before the Board of Immigration Appeals or the United States Citizenship and Immigration Services, shall include in any advertisement for immigration services a clear and conspicuous statement that he or she is not an attorney licensed to practice law in California but is an attorney licensed in another state or territory of the United States and is authorized by federal law to represent persons before the Board of Immigration Appeals or the United States Citizenship and Immigration Services. (4) If an advertisement subject to this subdivision is in a language other than English, the statement required by this subdivision shall be in the same language as the advertisement. (Amended by Stats. 2004, Ch. 557, Sec. 4. Effective January 1, 2005.)
  118. 22442.3.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 19.5. Immigration Consultants [22440 - 22449] ( Chapter 19.5 repealed (as Chapter 20) and added by Stats. 1986, Ch. 248, Sec. 11. )

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    Immigration consultants may not use misleading literal translations or make unauthorized claims about bonding compliance.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 19.5. Immigration Consultants [22440 - 22449] ( Chapter 19.5 repealed (as Chapter 20) and added by Stats. 1986, Ch. 248, Sec. 11. ) ## 22442.3. (a) An immigration consultant shall not, with the intent to mislead, literally translate, from English into another language, any words or titles, including, but not limited to, “notary public,” “notary,” “licensed,” “attorney,” or “lawyer,” that imply that the person is an attorney, in any document, including an advertisement, stationery, letterhead, business card, or other comparable written material describing the immigration consultant. As provided in this subdivision, the literal translation of the phrase “notary public” into Spanish as “notario publico” or “notario,” is expressly prohibited. (b) For purposes of this section, “literal translation of” or “to literally translate” a word, title, or phrase from one language means the translation of a word, title, or phrase without regard to the true meaning of the word or phrase in the language that is being translated. (c) An immigration consultant may not make or authorize the making of any verbal or written references to his or her compliance with the bonding requirements of Section 22443.1 except as provided in this chapter. (d) A violation of subdivision (a) or (c) by an immigration consultant shall constitute a violation of subdivision (a) of Section 6126. (e) (1) In addition to the remedies and penalties prescribed in this chapter, a person who violates this section shall be subject to a civil penalty not to exceed one thousand dollars ($1,000) per day for each violation, to be assessed and collected in a civil action brought by any person injured by the violation or in a civil action brought in the name of the people of the State of California by the Attorney General, a district attorney, or a city attorney. (2) In assessing the amount of the civil penalty, the court may consider relevant circumstances presented by the parties to the case, including, but not limited to, the following: (A) The nature and severity of the misconduct. (B) The number of violations. (C) The length of time over which the misconduct occurred, and the persistence of the misconduct. (D) The willfulness of the misconduct. (E) The defendant’s assets, liabilities, and net worth. (3) If the Attorney General brings the action, one-half of the civil penalty collected shall be paid to the treasurer of the county in which the judgment was entered, and one-half to the General Fund. If a district attorney brings the action, the civil penalty collected shall be paid to the treasurer of the county in which the judgment was entered. If a city attorney brings the action, one-half of the civil penalty collected shall be paid to the treasurer of the city in which the judgment was entered, and one-half to the treasurer of the county in which the judgment was entered. (4) The court shall grant a prevailing plaintiff reasonable attorneys’ fees and costs. (Amended by Stats. 2013, Ch. 574, Sec. 4. (AB 1159) Effective October 5, 2013.)
  119. 22442.4.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 19.5. Immigration Consultants [22440 - 22449] ( Chapter 19.5 repealed (as Chapter 20) and added by Stats. 1986, Ch. 248, Sec. 11. )

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    Immigration consultants must submit fingerprint information to the Department of Justice, which then shares it with federal and state authorities; the Secretary of State must request ongoing arrest notifications and may not post DOJ information online.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 19.5. Immigration Consultants [22440 - 22449] ( Chapter 19.5 repealed (as Chapter 20) and added by Stats. 1986, Ch. 248, Sec. 11. ) ## 22442.4. (a) A person engaged in the business or acting in the capacity of an immigration consultant shall submit to the Department of Justice, fingerprint images and related information required by the Department of Justice for the purpose of obtaining information as to the existence and content of a record of state and federal convictions and arrests and information as to the existence and content of a record of state and federal arrests for which the Department of Justice establishes that the person is free on bail, or on his or her recognizance, pending trial or appeal. An immigration consultant who has been issued a bond as described in Section 22443.1 on or before December 31, 2006, shall submit the fingerprint images and related information to the Department of Justice on or before July 1, 2007. (b) The Department of Justice shall forward the fingerprint images and related information received pursuant to subdivision (a) to the Federal Bureau of Investigation and request a federal summary of criminal information. (c) The Department of Justice shall review the information returned from the Federal Bureau of Investigation and compile and disseminate a response to the Secretary of State pursuant to paragraph (1) of subdivision (p) of Section 11105 of the Penal Code. (d) The Secretary of State shall request from the Department of Justice subsequent arrest notification service, pursuant to Section 11105.2 of the Penal Code, for each person who submitted information pursuant to subdivision (a). (e) The Department of Justice shall charge a fee sufficient to cover the cost of processing the requests described in this section. (f) The Secretary of State shall not post on its Internet Web site information received from the Department of Justice. (Added by Stats. 2006, Ch. 605, Sec. 4. Effective January 1, 2007.)
  120. 22442.5.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 19.5. Immigration Consultants [22440 - 22449] ( Chapter 19.5 repealed (as Chapter 20) and added by Stats. 1986, Ch. 248, Sec. 11. )

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    An immigration consultant who provides immigration reform act services must put client funds into a client trust account before doing the work, and may withdraw funds only under the listed conditions.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 19.5. Immigration Consultants [22440 - 22449] ( Chapter 19.5 repealed (as Chapter 20) and added by Stats. 1986, Ch. 248, Sec. 11. ) ## 22442.5. (a) An immigration consultant who provides immigration reform act services shall establish and deposit into a client trust account any funds received from a client prior to performing those services for that client. (b) For purposes of this section, the following definitions apply: (1) “Immigration reform act” means either of the following: (A) Any pending or future act of Congress that is enacted after October 5, 2013, that authorizes an undocumented immigrant who either entered the United States without inspection or who did not depart after the expiration of a nonimmigrant visa, to attain a lawful status under federal law. The State Bar shall announce and post on its Internet Web site when an immigration reform act has been enacted. (B) The President’s executive actions on immigration announced on November 20, 2014, or any future executive action or order that authorizes an undocumented immigrant who either entered the United States without inspection or who did not depart after the expiration of a nonimmigrant visa to attain a lawful status under federal law. The State Bar shall announce and post on its Internet Web site when an executive action or order has been issued. (2) “Immigration reform act services” means services described in Section 22441 that are provided in connection with an immigration reform act. (c) The immigration consultant providing immigration reform act services for the client may withdraw funds received from that client only in compliance with either of the following: (1) After completing one or more of the itemized services described in paragraph (1) of subdivision (b) of Section 22442, and only in the amount identified as the cost of that service or those services pursuant to paragraph (2) of subdivision (b) of Section 22442. (2) After completing one or more of the documents listed, and only in the amounts listed, pursuant to paragraph (4) of subdivision (b) of Section 22442. (Amended by Stats. 2015, Ch. 6, Sec. 3. (AB 60) Effective June 17, 2015.)
  121. 22442.6.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 19.5. Immigration Consultants [22440 - 22449] ( Chapter 19.5 repealed (as Chapter 20) and added by Stats. 1986, Ch. 248, Sec. 11. )

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    Immigration consultants may not take advance payment for certain immigration reform act services before the relevant law or process is in place, and some received funds must be refunded or handled in a trust account.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 19.5. Immigration Consultants [22440 - 22449] ( Chapter 19.5 repealed (as Chapter 20) and added by Stats. 1986, Ch. 248, Sec. 11. ) ## 22442.6. (a) It is unlawful for an immigration consultant to demand or accept the advance payment of any funds from a person for immigration reform act services in connection with any of the following: (1) An immigration reform act as defined in subparagraph (A) of paragraph (1) of subdivision (b) of Section 22442.5, before the enactment of that act. (2) (A) Requests for expanded Deferred Action for Childhood Arrivals (DACA) under an immigration reform act as defined in subparagraph (B) of paragraph (1) of subdivision (b) of Section 22442.5, before the date the United States Citizenship and Immigration Services begins accepting those requests. (B) Requests for Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA) under an immigration reform act as defined in subparagraph (B) of paragraph (1) of subdivision (b) of Section 22442.5, before the date the United States Citizenship and Immigration Services begins accepting those requests. (C) Requests for Expanded Provisional Waivers of Unlawful Presence under an immigration reform act as defined in subparagraph (B) of paragraph (1) of subdivision (b) of Section 22442.5, before the issuance and effective date of new guidelines and regulations for those provisional waivers. (D) Any relief offered under any executive action announced or executive order issued, on or after the effective date of the act adding this subparagraph, that authorizes an undocumented immigrant who either entered the United States without inspection or who did not depart after the expiration of a nonimmigrant visa to attain a lawful status under federal law, before the executive action or order has been implemented and the relief is available. (b) Any advance payment of funds for immigration reform act services that was received after October 5, 2013, but before the enactment or implementation of the immigration reform act for which the services were sought, shall be refunded to the client promptly, but no later than 30 days after the receipt of the funds. (c) (1) If an immigration consultant providing immigration reform act services accepted funds prior to the effective date of this amendment to this section, and the services provided in connection with payment of those funds were rendered, the consultant shall promptly, but no later than 30 days after the effective date of this amendment to this section, provide the client with a statement of accounting describing the services rendered. (2) (A) Any funds received before the effective date of this amendment to this section for which immigration reform act services were not rendered prior to the effective date of this amendment to this section shall either be refunded to the client or shall be deposited in a client trust account pursuant to Section 22442.5. (B) If an immigration consultant deposits funds in a client trust account pursuant to this paragraph, he or she shall comply with all applicable provisions of this chapter, including Section 22442, and shall provide to the client a written notice, in both English and in the client’s native language, that there are no benefits or relief available, that no application for such benefits or relief may be processed until enactment or implementation of an immigration reform act and the related necessary federal regulations and forms, and that commencing with the effective date of this amendment to this section, it is unlawful for an immigration consultant to demand or accept the advance payment of any funds from a person for immigration reform act services before the enactment or implementation of an immigration reform act. (d) (1) In addition to the remedies and penalties prescribed in this chapter, a person who violates this section shall be subject to a civil penalty not to exceed one thousand dollars ($1,000) per day for each violation, to be assessed and collected in a civil action brought by any person injured by the violation or in a civil action brought in the name of the people of the State of California by the Attorney General, a district attorney, or a city attorney. (2) In assessing the amount of the civil penalty, the court may consider relevant circumstances presented by the parties to the case, including, but not limited to, the following: (A) The nature and severity of the misconduct. (B) The number of violations. (C) The length of time over which the misconduct occurred, and the persistence of the misconduct. (D) The willfulness of the misconduct. (E) The defendant’s assets, liabilities, and net worth. (3) If the Attorney General brings the action, one-half of the civil penalty collected shall be paid to the treasurer of the county in which the judgment was entered, and one-half to the General Fund. If a district attorney brings the action, the civil penalty collected shall be paid to the treasurer of the county in which the judgment was entered. If a city attorney brings the action, one-half of the civil penalty collected shall be paid to the treasurer of the city in which the judgment was entered, and one-half to the treasurer of the county in which the judgment was entered. (4) The court shall grant a prevailing plaintiff reasonable attorneys’ fees and costs. (Amended by Stats. 2015, Ch. 6, Sec. 4. (AB 60) Effective June 17, 2015.)
  122. 22443.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 19.5. Immigration Consultants [22440 - 22449] ( Chapter 19.5 repealed (as Chapter 20) and added by Stats. 1986, Ch. 248, Sec. 11. )

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    Immigration consultants must give clients copies of completed documents, keep client document copies for at least three years, return original client documents, and may give a client file copy to law enforcement only with the client’s written consent.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 19.5. Immigration Consultants [22440 - 22449] ( Chapter 19.5 repealed (as Chapter 20) and added by Stats. 1986, Ch. 248, Sec. 11. ) ## 22443. (a) A person engaged in the business or acting in the capacity of an immigration consultant shall deliver to a client a copy of each document or form completed on behalf of the client. Each document and form delivered must include the name and address of the immigration consultant. (b) (1) A person engaged in the business or acting in the capacity of an immigration consultant shall retain copies of all documents and forms of a client for not less than three years from the date of the last service to the client. (2) Upon presentation of a written consent signed by a client, an immigration consultant shall provide a copy of the client file to law enforcement without a warrant or a subpoena. (c) (1) A person engaged in the business or acting in the capacity of an immigration consultant shall return to a client all original documents, including, but not limited to, original birth certificates, rental agreements, utility bills, employment stubs, Department of Motor Vehicle licenses with dates of entry, and passports, that the client has provided to the consultant in support of the client’s application. (2) Any original document that does not need to be submitted to immigration authorities as an original document shall be returned by the immigration consultant immediately after making a copy or reproduction thereof. (Amended by Stats. 2003, Ch. 384, Sec. 4. Effective January 1, 2004.)
  123. 22443.1.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 19.5. Immigration Consultants [22440 - 22449] ( Chapter 19.5 repealed (as Chapter 20) and added by Stats. 1986, Ch. 248, Sec. 11. )

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    Immigration consultants must file a $100,000 bond with the Secretary of State before starting work, and later file required disclosure and notice documents.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 19.5. Immigration Consultants [22440 - 22449] ( Chapter 19.5 repealed (as Chapter 20) and added by Stats. 1986, Ch. 248, Sec. 11. ) ## 22443.1. (a) (1) Prior to engaging in the business, or acting in the capacity, of an immigration consultant, each person shall file with the Secretary of State a bond of one hundred thousand dollars ($100,000) executed by a corporate surety admitted to do business in this state and conditioned upon compliance with this chapter. The total aggregate liability on the bond shall be limited to one hundred thousand dollars ($100,000). (2) The bond may be terminated pursuant to Section 995.440 of, and Article 13 (commencing with Section 996.310) of Chapter 2 of Title 14 of Part 2 of, the Code of Civil Procedure. (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 damaged by any fraud, misstatement, misrepresentation, unlawful act or omission, or failure to provide the services of the immigration consultant or the agents, representatives, or employees of the immigration consultant, while acting within the scope of that employment or agency. (c) An immigration consultant who is required to file a surety bond with the Secretary of State shall also file a disclosure form with the Secretary of State that contains all of the following information: (1) The immigration consultant’s name, date of birth, residence address, business address, residence telephone number, and business telephone number. (2) The name and address of the immigration consultant’s agent for service of process if one is required to be or has been appointed. (3) Whether the immigration consultant has ever been convicted of a violation of this chapter or of Section 6126. (4) Whether the immigration consultant has ever been arrested or convicted of a crime. (5) If applicable, the name, business address, business telephone number, and agent for service of process of the corporation or partnership employing the immigration consultant. (d) An immigration consultant shall notify the Secretary of State’s office in writing within 30 days when the surety bond required by this section is renewed, and of any change of name, address, telephone number, or agent for service of process. (e) The Secretary of State shall post information on its Internet Web site demonstrating that an immigration consultant is in compliance with the bond required by this section and has satisfactorily passed the background check required under Section 22441.1, and shall also post a copy of the immigration consultant’s photograph. The Secretary of State shall ensure that the information is current and shall update the information at least every 30 days. The Secretary of State shall only post this information and photograph on its Internet Web site if the person has filed and maintained the bond, filed the disclosure form and photograph required to be filed with the Secretary of State, and passed the background check required by Section 22441.1. (f) The Secretary of State shall develop the disclosure form required to file a bond under this section and make it available to any immigration consultant filing a bond pursuant to this section. (g) An immigration consultant shall submit all of the following with the disclosure form: (1) A copy of valid and current photo identification to determine the immigration consultant’s identity, such as a California driver’s license or identification card, passport, or other identification acceptable to the Secretary of State. (2) A photograph of himself or herself with the dimensions and in the style that would be acceptable to the United States Department of State for obtaining a United States passport, as instructed by the Secretary of State. (h) The Secretary of State shall charge and collect a filing fee to cover the cost of filing the bond. (i) The Secretary of State shall enforce the provisions of this chapter that govern the filing and maintenance of bonds. (j) This section does not apply to employees of nonprofit, tax-exempt corporations who help clients complete application forms in an immigration matter free of charge or for a nominal fee, including reasonable costs, consistent with that authorized by the Board of Immigration Appeals under Section 292.2 of Title 8 of the Code of Federal Regulations. (k) This section shall become operative on July 1, 2014. (Repealed (in Sec. 7) and added by Stats. 2013, Ch. 574, Sec. 8. (AB 1159) Effective October 5, 2013. Section operative July 1, 2014, by its own provisions.)
  124. 22443.2.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 19.5. Immigration Consultants [22440 - 22449] ( Chapter 19.5 repealed (as Chapter 20) and added by Stats. 1986, Ch. 248, Sec. 11. )

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    The Secretary of State must issue a cease and desist order against certain immigration consultants, give the Attorney General notice, and first give the person notice and a chance to show they should not be disqualified.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 19.5. Immigration Consultants [22440 - 22449] ( Chapter 19.5 repealed (as Chapter 20) and added by Stats. 1986, Ch. 248, Sec. 11. ) ## 22443.2. (a) The Secretary of State shall issue a cease and desist order to a person subject to this chapter’s provisions who has failed to comply with the provisions governing the filing and maintenance of bonds or who does not satisfactorily pass a background check required by Section 22441.1, and shall give notice of the person’s noncompliance or failure to satisfactorily pass the background check to the Attorney General. Prior to issuing a cease and desist order to a person pursuant to this subdivision, the Secretary of State shall provide the person with notice and an opportunity to demonstrate that grounds do not exist for disqualification. (b) For orders issued for failure to comply with the provisions governing the filing and maintenance of bonds, the order shall include a statement that notice of the person’s noncompliance shall be sent to the Attorney General. (Added by Stats. 2006, Ch. 605, Sec. 6. Effective January 1, 2007.)
  125. 22443.3.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 19.5. Immigration Consultants [22440 - 22449] ( Chapter 19.5 repealed (as Chapter 20) and added by Stats. 1986, Ch. 248, Sec. 11. )

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    A person may not advertise or otherwise spread statements claiming they are, or plan to be, an immigration consultant unless they have a disclosure statement and bond on file with the Secretary of State.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 19.5. Immigration Consultants [22440 - 22449] ( Chapter 19.5 repealed (as Chapter 20) and added by Stats. 1986, Ch. 248, Sec. 11. ) ## 22443.3. It is unlawful for any person to disseminate by any means any statement indicating directly or by implication that the person engages in the business or acts in the capacity of an immigration consultant, or proposes to engage in the business or act in the capacity of an immigration consultant, unless the person has on file with the Secretary of State a disclosure statement and a bond, in the amount of, and subject to the terms described in, Section 22443.1, that is maintained throughout the period covered by the statement, such as, but not limited to, the period of a Yellow Pages listing. (Amended by Stats. 2006, Ch. 605, Sec. 7. Effective January 1, 2007.)
  126. 22444.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 19.5. Immigration Consultants [22440 - 22449] ( Chapter 19.5 repealed (as Chapter 20) and added by Stats. 1986, Ch. 248, Sec. 11. )

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    Immigration consultants may not make false or misleading statements, unwritten or unsupported guarantees, claims of special influence with agencies, or charge referral fees for services they will not provide. They must also conspicuously display a sign stating this prohibition in the office.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 19.5. Immigration Consultants [22440 - 22449] ( Chapter 19.5 repealed (as Chapter 20) and added by Stats. 1986, Ch. 248, Sec. 11. ) ## 22444. It is unlawful for any person engaged in the business or acting in the capacity of an immigration consultant to do any of the following acts: (a) Make false or misleading statements to a client while providing services to that client. (b) Make any guarantee or promise to a client, unless the guarantee or promise is in writing and the immigration consultant has some basis in fact for making the guarantee or promise. (c) Make any statement that the immigration consultant can or will obtain special favors from or has special influence with the United States Citizenship and Immigration Services, or any other governmental agency, employee, or official, that may have a bearing on a client’s immigration matter. (d) Charge a client a fee for referral of the client to another for services which the immigration consultant cannot or will not provide to the client. A sign setting forth this prohibition shall be conspicuously displayed in the immigration consultant’s office. (Amended by Stats. 2004, Ch. 557, Sec. 7. Effective January 1, 2005.)
  127. 22445.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 19.5. Immigration Consultants [22440 - 22449] ( Chapter 19.5 repealed (as Chapter 20) and added by Stats. 1986, Ch. 248, Sec. 11. )

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    Violations of this chapter can trigger civil penalties, misdemeanor penalties, or felony penalties, and actions must be filed within four years after discovery.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 19.5. Immigration Consultants [22440 - 22449] ( Chapter 19.5 repealed (as Chapter 20) and added by Stats. 1986, Ch. 248, Sec. 11. ) ## 22445. (a) (1) A person who violates this chapter shall be subject to a civil penalty not to exceed one hundred thousand dollars ($100,000) for each violation, to be assessed and collected in a civil action brought by any person injured by the violation or in a civil action brought in the name of the people of the State of California by the Attorney General, a district attorney, or a city attorney. An action brought in the name of the people of the State of California shall not preclude an action being brought by an injured person. (2) The court shall impose a civil penalty for each violation of this chapter. In assessing the amount of the civil penalty, the court may consider relevant circumstances presented by the parties to the case, including, but not limited to, the following: the nature and seriousness of the misconduct, the number of violations, the persistence of the misconduct, the length of time over which the misconduct occurred, the willfulness of the defendant’s misconduct, and the defendant’s assets, liabilities, and net worth. (3) Any action brought pursuant to this section by the Attorney General, a district attorney, or a city attorney shall also seek relief under subdivision (c) of Section 22446.5. (4) If the Attorney General brings the action, one-half of the civil penalty collected shall be paid to the treasurer of the county in which the judgment was entered, and one-half to the General Fund. If a district attorney brings the action, the civil penalty collected shall be paid to the treasurer of the county in which the judgment was entered. If a city attorney brings the action, one-half of the civil penalty collected shall be paid to the treasurer of the city in which the judgment was entered, and one-half to the treasurer of the county in which the judgment was entered. (b) In addition to the provisions of subdivision (a), a violation of this chapter is a misdemeanor punishable by a fine of not less than two thousand dollars ($2,000) or more than ten thousand dollars ($10,000), as to each client with respect to whom a violation occurs, or imprisonment in the county jail for not more than one year, or by both fine and imprisonment. However, payment of restitution to a client shall take precedence over payment of a fine. (c) A second or subsequent violation of Sections 22442.2, 22442.3, and 22442.4 is a misdemeanor subject to the penalties specified in subdivisions (a) and (b). A second or subsequent violation of any other provision of this chapter is a felony punishable by imprisonment in state prison. (d) An action brought pursuant to this section shall be commenced within four years after discovery of the commission of the offense. (Amended by Stats. 2006, Ch. 605, Sec. 8. Effective January 1, 2007.)
  128. 22446.5.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 19.5. Immigration Consultants [22440 - 22449] ( Chapter 19.5 repealed (as Chapter 20) and added by Stats. 1986, Ch. 248, Sec. 11. )

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    This section lets certain parties sue an immigration consultant for violations of the chapter and lets the court award damages, fees, and trial priority.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 19.5. Immigration Consultants [22440 - 22449] ( Chapter 19.5 repealed (as Chapter 20) and added by Stats. 1986, Ch. 248, Sec. 11. ) ## 22446.5. (a) A person claiming to be aggrieved by a violation of this chapter by an immigration consultant may bring a civil action for injunctive relief or damages, or both. If the court finds that the defendant has violated a provision of this chapter, it shall award actual damages, plus an amount equal to treble the amount of actual damages or one thousand dollars ($1,000) per violation, whichever is greater. The court shall also grant a prevailing plaintiff reasonable attorneys’ fees and costs. (b) Any other party who, upon information and belief, claims a violation of this chapter has been committed by an immigration consultant may bring a civil action for injunctive relief on behalf of the general public and, upon prevailing, shall recover reasonable attorneys’ fees and costs. (c) The Attorney General, a district attorney, or a city attorney who claims a violation of this chapter has been committed by an immigration consultant, may bring a civil action for injunctive relief, restitution, and other equitable relief against the immigration consultant in the name of the people of the State of California. (d) An action brought under this chapter shall be set for trial at the earliest possible date, and shall take precedence over all other cases, except older matters of the same character and matters to which special preference may be given by law. (Amended by Stats. 2002, Ch. 705, Sec. 2. Effective January 1, 2003.)
  129. 22447.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 19.5. Immigration Consultants [22440 - 22449] ( Chapter 19.5 repealed (as Chapter 20) and added by Stats. 1986, Ch. 248, Sec. 11. )

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    Damaged claimants may recover from an immigration consultant’s bond, and the court may order relief in actions by specified public prosecutors. If bond claims reduce the bond below the required minimum, the immigration consultant must stop doing business until the bond is reinstated.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 19.5. Immigration Consultants [22440 - 22449] ( Chapter 19.5 repealed (as Chapter 20) and added by Stats. 1986, Ch. 248, Sec. 11. ) ## 22447. (a) A person who is awarded damages in an action or proceeding for injuries caused by the acts of a person engaged in the business of, or acting in the capacity of, an immigration consultant, in the performance of his or her duties as an immigration consultant, may recover damages from the bond required by Section 22443.1. In an action brought by the Attorney General, a district attorney, or a city attorney, the court may order relief for benefit of the injured parties to be paid from the bond. (b) When any claim or claims against a bond have been paid so as to reduce the principal amount of the bond remaining available to pay claims below the principal amount required by Section 22443.1, the immigration consultant shall cease to conduct any business unless and until the bond has been reinstated up to the minimum amount required by Section 22443.1. (Amended by Stats. 2002, Ch. 705, Sec. 3. Effective January 1, 2003.)
  130. 22448.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 19.5. Immigration Consultants [22440 - 22449] ( Chapter 19.5 repealed (as Chapter 20) and added by Stats. 1986, Ch. 248, Sec. 11. )

    Verify source ↗

    A civil action to enforce a cause of action under this chapter must be started within four years after the cause of action accrues.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 19.5. Immigration Consultants [22440 - 22449] ( Chapter 19.5 repealed (as Chapter 20) and added by Stats. 1986, Ch. 248, Sec. 11. ) ## 22448. Any civil action to enforce any cause of action pursuant to this chapter shall be commenced within four years after the cause of action has accrued. The cause of action is not to be deemed to have accrued until the discovery, by the aggrieved party, of the facts constituting the violation. (Added by Stats. 1998, Ch. 879, Sec. 27. Effective January 1, 1999.)
  131. 22449.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 19.5. Immigration Consultants [22440 - 22449] ( Chapter 19.5 repealed (as Chapter 20) and added by Stats. 1986, Ch. 248, Sec. 11. )

    Verify source ↗

    Only specified immigration-related professionals and accredited organizations may charge fees for DACA-related services, and they may not pressure clients into buying immediately at a higher price.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 19.5. Immigration Consultants [22440 - 22449] ( Chapter 19.5 repealed (as Chapter 20) and added by Stats. 1986, Ch. 248, Sec. 11. ) ## 22449. (a) Immigration consultants, attorneys, notaries public, and organizations accredited by the United States Board of Immigration Appeals shall be the only individuals authorized to charge clients or prospective clients fees for providing consultations, legal advice, or notary public services, respectively, associated with filing an application under the federal Deferred Action for Childhood Arrivals program announced by the United States Secretary of Homeland Security on June 15, 2012. (b) (1) Immigration consultants, attorneys, notaries public, and organizations accredited by the United States Board of Immigration Appeals shall be prohibited from participating in practices that amount to price gouging when a client or prospective client solicits services associated with filing an application for deferred action for childhood arrivals as described in subdivision (a). (2) For the purposes of this section, “price gouging” means any practice that has the effect of pressuring the client or prospective client to purchase services immediately because purchasing them at a later time will result in the client or prospective client paying a higher price for the same services. (c) (1) In addition to the civil and criminal penalties described in Section 22445, a violation of this section by an attorney shall be cause for discipline by the State Bar pursuant to Chapter 4 (commencing with Section 6000) of Division 3. (2) In addition to the civil and criminal penalties described in Section 22445, a violation of this section by a notary public shall be cause for the revocation or suspension of his or her commission as a notary public by the Secretary of State and the application of any other applicable penalties pursuant to Chapter 3 (commencing with Section 8200) of Division 1 of Title 2 of the Government Code. (Added by Stats. 2013, Ch. 571, Sec. 1. (AB 35) Effective January 1, 2014.)
  132. 2245.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by 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 must review specified data quarterly, investigate when warranted, and take disciplinary action if it finds a law violation or excessive prescribing inconsistent with the standard of 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 12. Enforcement [2220 - 2319] ( Article 12 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2245. (a) The Medical Board of California on a quarterly basis shall review the data provided pursuant to Section 14028 of the Welfare and Institutions Code by the State Department of Health Care Services and the State Department of Social Services in order to determine if any potential violations of law or excessive prescribing of psychotropic medications inconsistent with the standard of care exist and, if warranted, shall conduct an investigation. (b) The State Department of Health Care Services shall disseminate the treatment guidelines on an annual basis through its existing communications with Medi-Cal providers, such as the department’s Internet Web site or provider bulletins. (c) If, after an investigation, the Medical Board of California concludes that there was a violation of law, the board shall take disciplinary action, as appropriate, as authorized by Section 2227. (d) If, after an investigation, the Medical Board of California concludes that there was excessive prescribing of psychotropic medications inconsistent with the standard of care, the board shall take action, as appropriate, as authorized by Section 2227. (e) (1) Notwithstanding Section 10231.5 of the Government Code, commencing July 1, 2017, the Medical Board of California shall report annually to the Legislature, the State Department of Health Care Services, and the State Department of Social Services the results of the analysis of data described in Section 14028 of the Welfare and Institutions Code. (2) A report to be submitted pursuant to this subdivision shall be submitted in compliance with Section 9795 of the Government Code. (f) On or before January 1, 2022, and in conjunction with the consultation with the State Department of Social Services and the State Department of Health Care Services required by subdivision (a) of Section 14028 of the Welfare and Institutions Code, the Medical Board of California shall conduct an internal review of its data review, investigative, and disciplinary activities undertaken pursuant to this section for the purpose of determining the efficacy of those activities and shall revise its procedures relating to those activities, if determined to be necessary. (g) This section shall remain in effect only until January 1, 2027, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2027, deletes or extends that date. (Added by Stats. 2016, Ch. 840, Sec. 2. (SB 1174) Effective January 1, 2017. Repealed as of January 1, 2027, by its own provisions.)
  133. 22450.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 20. Professional Photocopiers [22450 - 22463] ( Chapter 20 added by Stats. 1984, Ch. 1005, Sec. 1. )

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    A professional photocopier must be registered by the county clerk of the county where the person lives, has a principal place of business, and maintains a branch office.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 20. Professional Photocopiers [22450 - 22463] ( Chapter 20 added by Stats. 1984, Ch. 1005, Sec. 1. ) ## 22450. A professional photocopier is any person who for compensation obtains or reproduces documents authorized to be produced under Part 2.6 (commencing with Section 56) of Division 1 of, or Chapter 1 (commencing with Section 1798) of Title 1.8 of Part 4 of Division 3 of, the Civil Code, or Section 1158 of, or Article 4 (commencing with Section 1560) of Chapter 2 of Division 11 of, the Evidence Code and who, while engaged in performing that activity, has access to the information contained therein. A professional photocopier shall be registered pursuant to this chapter by the county clerk of the county in which he or she resides or has his or her principal place of business, and in which he or she maintains a branch office. (Added by Stats. 1984, Ch. 1005, Sec. 1.)
  134. 22451.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 20. Professional Photocopiers [22450 - 22463] ( Chapter 20 added by Stats. 1984, Ch. 1005, Sec. 1. )

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    This chapter does not apply to several listed people and offices, including certain government employees, State Bar members and their associates, court-appointed persons, registered persons’ employees or agents, some records custodians, court reporters, certain licensed persons and their employees, and the Office of the Secretary of State.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 20. Professional Photocopiers [22450 - 22463] ( Chapter 20 added by Stats. 1984, Ch. 1005, Sec. 1. ) ## 22451. This chapter does not apply to any of the following: (a) Any government employee who is acting in the course of his or her employment. (b) A member of the State Bar or his or her employees, agents, or independent contractors. (c) Any person who is specially appointed by the court to obtain or reproduce in order to transmit or distribute those records. (d) An employee or agent of a person who is registered under this chapter. (e) Any custodian of records who makes his or her own copies. (f) Any certified shorthand reporter, official court reporter, or stenotype operator who makes his or her own copies. (g) Any person licensed under Chapter 11.5 (commencing with Section 7512) of Division 3 of the Business and Professions Code or his or her employees. (h) The Office of the Secretary of State. (Added by Stats. 1984, Ch. 1005, Sec. 1.)
  135. 22452.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 20. Professional Photocopiers [22450 - 22463] ( Chapter 20 added by Stats. 1984, Ch. 1005, Sec. 1. )

    Verify source ↗

    Registration applications for professional photocopiers must include specific truthful statements, and the county clerk must keep the application and any scanned image for set periods. Knowingly providing false information can trigger 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 20. Professional Photocopiers [22450 - 22463] ( Chapter 20 added by Stats. 1984, Ch. 1005, Sec. 1. ) ## 22452. (a) The application for registration of a natural person shall contain all of the following statements about the applicant certified to be true: (1) Name, age, address, email address, and telephone number. (2) They have not been convicted of a felony. (3) They will perform their duties as a professional photocopier in compliance with the provisions of law governing the transmittal of confidential documentary information in this state. (b) The application for registration of a partnership or corporation shall contain all of the following statements about each general partner or corporate officer, and be certified to be true: (1) The names, ages, addresses, email addresses, and telephone numbers of the general partners or officers. (2) The general partners or officers have not been convicted of a felony. (3) The partnership or corporation will perform its duties as a professional photocopier in compliance with the provisions of law governing the transmittal of confidential documentary information in this state. (c) The county clerk shall retain the application for registration for a period of three years following the expiration date of the application, after which time the application may be destroyed if it is scanned or if the conditions specified in Section 26205.1 of the Government Code are met. If the application is scanned, the scanned image shall be retained for a period of 10 years, after which time that image may be destroyed and, notwithstanding Section 26205.1 of the Government Code, no reproduction thereof need be made or preserved. (d) A person or entity that knowingly provides false information shall be subject to a civil penalty for each violation in the minimum amount of two thousand five hundred dollars ($2,500) and the maximum amount of twenty-five thousand dollars ($25,000). An action for a civil penalty under this provision may be brought by any public prosecutor in the name of the people of the State of California and the penalty imposed shall be enforceable as a civil judgment. (Amended by Stats. 2021, Ch. 376, Sec. 36. (AB 830) Effective January 1, 2022.)
  136. 22453.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 20. Professional Photocopiers [22450 - 22463] ( Chapter 20 added by Stats. 1984, Ch. 1005, Sec. 1. )

    Verify source ↗

    An applicant must pay a $175 fee to the county clerk when filing a registration application, and must also pay an additional card fee set to cover reasonable regulatory costs for each extra identification card.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 20. Professional Photocopiers [22450 - 22463] ( Chapter 20 added by Stats. 1984, Ch. 1005, Sec. 1. ) ## 22453. An applicant shall pay a fee of one hundred seventy-five dollars ($175) to the county clerk at the time he or she files an application for registration. An additional fee for each card in an amount sufficient to cover the reasonable regulatory costs associated with the issuance of additional cards, as determined by the county clerk, shall be paid to the county clerk for each additional card of identification. (Amended by Stats. 2011, Ch. 287, Sec. 1. (AB 214) Effective January 1, 2012.)
  137. 22453.1.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 20. Professional Photocopiers [22450 - 22463] ( Chapter 20 added by Stats. 1984, Ch. 1005, Sec. 1. )

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    Registered persons under Chapter 16 must pay a $100 fee instead of the $175 fee otherwise required by Section 22453.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 20. Professional Photocopiers [22450 - 22463] ( Chapter 20 added by Stats. 1984, Ch. 1005, Sec. 1. ) ## 22453.1. Notwithstanding Section 22453, any person registered pursuant to Chapter 16 (commencing with Section 22350) shall pay a fee of one hundred dollars ($100) instead of the fee of one hundred seventy-five dollars ($175) otherwise required by Section 22453. (Amended by Stats. 2001, Ch. 728, Sec. 69. Effective January 1, 2002.)
  138. 22454.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 20. Professional Photocopiers [22450 - 22463] ( Chapter 20 added by Stats. 1984, Ch. 1005, Sec. 1. )

    Verify source ↗

    A professional photocopier must keep a valid notary commission in force, and at least one manager must hold a current notary commission from the Secretary of State.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 20. Professional Photocopiers [22450 - 22463] ( Chapter 20 added by Stats. 1984, Ch. 1005, Sec. 1. ) ## 22454. (a) At least one person involved in the management of a professional photocopier shall be required to hold a current commission from the Secretary of State as a notary public in this state. If the notary commission is held by someone other than the registrant, written confirmation from the notary authorizing the use of their commission for this registration is required. (b) The professional photocopier shall maintain a valid notary commission during the entire period that the professional photocopier’s certificate of registration is effective. The registrant shall notify the county clerk and provide an updated valid notary commission if the commission expires prior to the expiration of the certificate of registration. (Amended by Stats. 2014, Ch. 400, Sec. 21. (SB 1467) Effective January 1, 2015.)
  139. 22455.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 20. Professional Photocopiers [22450 - 22463] ( Chapter 20 added by Stats. 1984, Ch. 1005, Sec. 1. )

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    This section requires a $5,000 bond for a certificate of registration, allows a $5,000 cash deposit instead, and sets recording and return rules for the bond or deposit.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 20. Professional Photocopiers [22450 - 22463] ( Chapter 20 added by Stats. 1984, Ch. 1005, Sec. 1. ) ## 22455. (a) A certificate of registration shall be accompanied by a bond of five thousand dollars ($5,000) which is executed by a corporate surety qualified to do business in this state and conditioned upon compliance with the provisions of this chapter and all laws governing the transmittal of confidential documentary information under the code sections specified in Section 22450. The total aggregate liability on the bond shall be limited to five thousand dollars ($5,000). The bond may be terminated pursuant to the provisions of Section 995.440 and Article 13 (commencing with Section 996.310) of Chapter 2 of Title 14 of Part 2 of the Code of Civil Procedure. (1) The county clerk shall, upon filing the bond, deliver the bond forthwith to the county recorder for recording. The recording fee specified in Section 27361 of the Government Code shall be paid by the registered professional photocopier. The fee may be paid to the county clerk, who shall transmit it to the recorder. (2) The fee for filing, canceling, revoking, or withdrawing the bond is seven dollars ($7). (3) The county recorder shall record the bond and any notice of cancellation, revocation, or withdrawal of the bond, and shall thereafter mail the instrument, unless specified to the contrary, to the person named in the instrument and, if no person is named, to the party leaving it for recording. The recording fee specified in Section 27361 of the Government Code for the notice of cancellation, revocation, or withdrawal of the bond shall be paid to the county clerk, who shall transmit it to the county recorder. (b) In lieu of the bond required by subdivision (a), a registrant may deposit five thousand dollars ($5,000) in cash with the county clerk. (c) If the certificate is revoked, the bond or cash deposit shall be returned to the bonding party or depositor subject to the provisions of subdivision (d) and the right of a person to recover against the bond or cash deposit under Section 22459. (d) The county clerk may retain a cash deposit until the expiration of three years from the date the registrant has ceased to do business, or three years from the expiration or revocation date of the registration, in order to ensure there are no outstanding claims against the deposit. A judge of a superior court may order the return of the deposit prior to the expiration of three years upon evidence satisfactory to the judge that there are no outstanding claims against the deposit. (Amended by Stats. 2002, Ch. 784, Sec. 9. Effective January 1, 2003.)
  140. 22456.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 20. Professional Photocopiers [22450 - 22463] ( Chapter 20 added by Stats. 1984, Ch. 1005, Sec. 1. )

    Verify source ↗

    A registration certificate lasts for two years or until the bond expires, whichever comes first. After that, the registrant must file a new certificate or renew it and pay the required fee. Renewal is allowed up to 60 days before expiration.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 20. Professional Photocopiers [22450 - 22463] ( Chapter 20 added by Stats. 1984, Ch. 1005, Sec. 1. ) ## 22456. A certificate of registration shall be effective for a period of two years or until the date the bond expires, whichever occurs first. Thereafter, a registrant shall file a new certificate of registration or a renewal of the certificate of registration and pay the fee required by Section 22453. A certificate of registration may be renewed up to 60 days prior to its expiration date and the effective date of the renewal shall be the date the current registration expires. The renewal shall be effective for a period of two years from the effective date or until the expiration date of the bond, whichever occurs first. (Amended by Stats. 2001, Ch. 35, Sec. 4. Effective January 1, 2002.)
  141. 22457.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 20. Professional Photocopiers [22450 - 22463] ( Chapter 20 added by Stats. 1984, Ch. 1005, Sec. 1. )

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    The county clerk must keep a register of professional photocopiers, assign each one a number, and issue identification cards. Employee cards are issued only when the required fee is paid, and renewal may keep the same number if it is in the same county and there has been no lapse of three or more years.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 20. Professional Photocopiers [22450 - 22463] ( Chapter 20 added by Stats. 1984, Ch. 1005, Sec. 1. ) ## 22457. (a) The county clerk shall maintain a register of professional photocopiers, assign a number to each professional photocopier, and issue an identification card to each one. Additional cards for employees of professional photocopiers shall be issued upon the payment of a fee for each card in an amount sufficient to cover the reasonable regulatory costs associated with the issuance of additional cards, as determined by the county clerk. Upon renewal of registration, the same number shall be assigned, provided that the applicant is renewing registration in the same county in which he or she was previously registered and there is no lapse of three or more years in the period of registration. (b) The identification card shall be a card not less than three and one-quarter inches by two inches, and shall contain at the top the title, “Professional Photocopier” followed by the registrant’s name, address, registration number, date of expiration, and county of registration. It shall also contain a photograph of the registrant in the lower left corner. The identification card for a partnership or corporation registration shall be issued in the name of the partnership or corporation, and shall not contain a photograph. The identification card for an employee of a professional photocopier or a partnership or corporation shall contain a photograph of the employee in the lower left corner. (c) The identification card for an employee of a professional photocopier or a partnership or corporation shall be issued in the name of the employee and include “Employee of: [insert name of the professional photocopier or the partnership or corporation].” (Amended by Stats. 2015, Ch. 295, Sec. 15. (AB 285) Effective January 1, 2016.)
  142. 22458.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 20. Professional Photocopiers [22450 - 22463] ( Chapter 20 added by Stats. 1984, Ch. 1005, Sec. 1. )

    Verify source ↗

    A professional photocopier must keep certain information accurate and confidential when sending or distributing records to authorized persons or entities.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 20. Professional Photocopiers [22450 - 22463] ( Chapter 20 added by Stats. 1984, Ch. 1005, Sec. 1. ) ## 22458. A professional photocopier shall be responsible at all times for maintaining the integrity and confidentiality of information obtained under the applicable codes in the transmittal or distribution of records to the authorized persons or entities. (Added by Stats. 1984, Ch. 1005, Sec. 1.)
  143. 22459.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 20. Professional Photocopiers [22450 - 22463] ( Chapter 20 added by Stats. 1984, Ch. 1005, Sec. 1. )

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    A person who wins damages for certain information-revelation injuries may recover from the registrant’s bond or cash deposit. After any recovery, the registrant must replenish the bond or cash deposit within 30 days, or the registration certificate is revoked.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 20. Professional Photocopiers [22450 - 22463] ( Chapter 20 added by Stats. 1984, Ch. 1005, Sec. 1. ) ## 22459. (a) Any person who recovers damages in any action or proceeding for injuries caused by the revelation of information which was improperly obtained, transmitted, or distributed by a registrant, or caused by a registrant’s noncompliance with requirements of confidential documentary information under the code sections specified in Section 22450 may recover damages from the bond or cash deposit required by Section 22455. (b) Whenever there has been a recovery against a bond or cash deposit under subdivision (a), the registrant shall file a new bond or deposit an additional amount of cash within 30 days to reinstate the bond or cash deposit to the amount required by Section 22455. If the registrant does not file a bond or deposit this amount within 30 days, his or her certificate of registration shall be revoked. (Added by Stats. 1984, Ch. 1005, Sec. 1.)
  144. 2246.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by 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. )

    Verify source ↗

    If a proposed or issued decision under this article finds that a licensee engaged in certain sexual exploitation with a patient, the decision must include revocation, and the administrative law judge may not stay that revocation.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by 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. ) ## 2246. Any proposed decision or decision issued under this article that contains any finding of fact that the licensee engaged in any act of sexual exploitation, as described in paragraphs (3) to (5), inclusive, of subdivision (b) of Section 729, with a patient shall contain an order of revocation. The revocation shall not be stayed by the administrative law judge. (Added by Stats. 2002, Ch. 1085, Sec. 22. Effective January 1, 2003.)
  145. 22460.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 20. Professional Photocopiers [22450 - 22463] ( Chapter 20 added by Stats. 1984, Ch. 1005, Sec. 1. )

    Verify source ↗

    The county clerk must revoke a professional photocopier’s registration if the clerk gets a court document showing a qualifying misdemeanor conviction or civil judgment, and the registrant may apply again after 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 20. Professional Photocopiers [22450 - 22463] ( Chapter 20 added by Stats. 1984, Ch. 1005, Sec. 1. ) ## 22460. The county clerk shall revoke the registration of a professional photocopier upon receipt of a court document or record stating that the registrant has been found guilty of a misdemeanor violation of this chapter, or that a civil judgment has been entered against the registrant in an action arising out of an improper disclosure or transmittal of confidential information. The county clerk shall be given notice of such court actions. A registrant whose registration is revoked pursuant to this subdivision may reapply for registration after one year. (Added by Stats. 1984, Ch. 1005, Sec. 1.)
  146. 22460.5.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 20. Professional Photocopiers [22450 - 22463] ( Chapter 20 added by Stats. 1984, Ch. 1005, Sec. 1. )

    Verify source ↗

    A registrant’s certificate of registration may be revoked or suspended for improper or noncompliant transmission or distribution of records, and the public prosecutor may investigate, then set a hearing and notify the registrant if cause may exist.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 20. Professional Photocopiers [22450 - 22463] ( Chapter 20 added by Stats. 1984, Ch. 1005, Sec. 1. ) ## 22460.5. A certificate of registration may be revoked or suspended whenever it has been determined that the registrant has transmitted or distributed records obtained under the applicable sections in a manner which does not comply with the provisions of law governing the transmittal of confidential documentary information under the code sections specified in Section 22450, or which constitutes an improper transmittal or distribution not amounting to a violation of law. (b) An investigation concerning the revocation of certificate of registration of a registrant may be commenced at any time the public prosecutor deems it appropriate or upon the complaint of any person who has been injured by a transmittal or distribution which was handled by the registrant and does not comply with the provisions of law governing the transmittal of confidential documentary information under the code sections specified in Section 22450, or which constitutes an improper transmittal or distribution not amounting to a violation of law. (c) If the public prosecutor determines from the investigation that cause may exist for the suspension or revocation of the certificate of registration, he or she shall set the matter for hearing and give notice to the registrant. That hearing shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Division 3 of Title 2 of the Government Code, and, for the purposes of those provisions, the public prosecutor shall be deemed to be the agency, but shall be charged as provided by Section 11527 of the Government Code. (Added by Stats. 1984, Ch. 1005, Sec. 1.)
  147. 22461.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 20. Professional Photocopiers [22450 - 22463] ( Chapter 20 added by Stats. 1984, Ch. 1005, Sec. 1. )

    Verify source ↗

    A registrant whose certificate is suspended or revoked may challenge that decision in a court of competent jurisdiction.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 20. Professional Photocopiers [22450 - 22463] ( Chapter 20 added by Stats. 1984, Ch. 1005, Sec. 1. ) ## 22461. A registrant whose certificate of registration is suspended or revoked shall be entitled to challenge the decision in a court of competent jurisdiction. (Added by Stats. 1984, Ch. 1005, Sec. 1.)
  148. 22462.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 20. Professional Photocopiers [22450 - 22463] ( Chapter 20 added by Stats. 1984, Ch. 1005, Sec. 1. )

    Verify source ↗

    Professional photocopiers must attach a certificate to transmitted or distributed records, and the certificate must include specified affidavits and identification details.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 20. Professional Photocopiers [22450 - 22463] ( Chapter 20 added by Stats. 1984, Ch. 1005, Sec. 1. ) ## 22462. (a) All records transmitted or distributed by a professional photocopier shall be accompanied by a certificate containing all of the following: (1) An affidavit signed by the custodian of the original records that were reproduced for transmittal. It shall conform to the requirements specified in Article 4 (commencing with Section 1560) of Chapter 2 of Division 11 of the Evidence Code. (2) An affidavit signed by the professional photocopier or his or her employee stating that the records shall be transmitted or distributed to the authorized persons or entities. (b) The certificate shall bear the name, address, and registration number and county of registration of the professional photocopier. The custodian of records shall be entitled to a copy of the certificate, completed as provided in subdivision (a). (c) The custodian of records shall not be liable for the improper release of the records when the records: (1) Were released to a professional photocopier for the production of records under authorization or subpoena or other means. (2) Were certified pursuant to this section. (Amended by Stats. 1986, Ch. 603, Sec. 1.)
  149. 22463.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 20. Professional Photocopiers [22450 - 22463] ( Chapter 20 added by Stats. 1984, Ch. 1005, Sec. 1. )

    Verify source ↗

    Failing to comply with the chapter’s requirements is punishable as 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 20. Professional Photocopiers [22450 - 22463] ( Chapter 20 added by Stats. 1984, Ch. 1005, Sec. 1. ) ## 22463. A failure to comply with the requirements of this chapter shall be punishable as a misdemeanor. (Added by Stats. 1984, Ch. 1005, Sec. 1.)
  150. 2247.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by 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. )

    Verify source ↗

    A licensee must satisfy the Government Code requirements before doing either type of peace officer evaluation described here.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by 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. ) ## 2247. (a) A licensee shall meet the requirements set forth in subdivision (f) of Section 1031 of the Government Code prior to performing either of the following: (1) An evaluation of a peace officer applicant’s emotional and mental condition. (2) An evaluation of a peace officer’s fitness for duty. (b) This section shall become operative on January 1, 2005. (Added by Stats. 2003, Ch. 777, Sec. 1. Effective January 1, 2004. Section operative January 1, 2005, by its own provisions.)
  151. 22475.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 20.5. Magazine Distributors [22475- 22475.] ( Chapter 20.5 added by Stats. 2002, Ch. 191, Sec. 1. )

    Verify source ↗

    Magazine distributors and related representatives must show the subscription expiration date on renewal notices, and magazine mailing labels must also disclose that date clearly and conspicuously.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 20.5. Magazine Distributors [22475- 22475.] ( Chapter 20.5 added by Stats. 2002, Ch. 191, Sec. 1. ) ## 22475. (a) A magazine distributor, or any person, firm, or corporation representing a magazine distributor shall clearly and conspicuously place the subscription expiration date on all magazine renewal notices mailed to its subscribers or direct subscribers to refer to the magazine’s mailing label to find the subscription expiration date. (b) All magazine mailing labels shall clearly and conspicuously disclose the subscription expiration date. (Added by Stats. 2002, Ch. 191, Sec. 1. Effective January 1, 2003.)
  152. 2248.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by 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. )

    Verify source ↗

    A physician and surgeon who examines a patient’s prostate during a physical exam must tell the patient about appropriate diagnostic options, including the PSA test, when the listed conditions apply.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by 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. ) ## 2248. This section shall be known as, and may be cited as, the Grant H. Kenyon Prostate Cancer Detection Act. (a) If a physician and surgeon, during a physical examination, examines a patient’s prostate gland, the physician and surgeon shall provide information to the patient about the availability of appropriate diagnostic procedures, including, but not limited to, the prostate antigen (PSA) test, if any of the following conditions are present: (1) The patient is over 50 years of age. (2) The patient manifests clinical symptomatology. (3) The patient is at an increased risk of prostate cancer. (4) The provision of the information to the patient is medically necessary, in the opinion of the physician and surgeon. (b) Violation of subdivision (a) constitutes unprofessional conduct and is not subject to Section 2314. (c) This section shall not apply to a physician and surgeon working on a trauma case as defined in Section 1798.160 of the Health and Safety Code. (Amended by Stats. 2012, Ch. 76, Sec. 1. (AB 1621) Effective January 1, 2013.)
  153. 2248.5.

    ## 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. )

    Verify source ↗

    The department must approve a lay-language written summary about prostate cancer treatment options, the board must print or post it, and the department must review its approval every three years starting January 1, 2003.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by 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. ) ## 2248.5. (a) A standardized written summary in layman’s language and in a language understood by patients shall be approved by the State Department of Health Services. The department may approve the use of an existing publication from a recognized cancer authority as the written summary. Commencing on January 1, 2003, and every three years thereafter, the department shall review its approval of the use of an existing publication from a recognized cancer authority as the written summary to ensure that the approved written summary comprises timely, new, and revised information regarding prostate cancer treatment options as the department determines is necessary. The written summary shall be printed or made available by the Medical Board of California to physicians and surgeons, concerning the advantages, disadvantages, risks, and descriptions, of procedures with regard to medically viable and efficacious alternative methods of treatment of prostate cancer. Physicians and surgeons are urged to make the summary available to patients when appropriate. (b) The board shall post this summary on its Web site for public use. (c) If the State Department of Health Services updates this summary, the board shall make the updated summary available to its licensees and update its Web site to contain the updated summary. (Added by Stats. 2002, Ch. 531, Sec. 1. Effective January 1, 2003.)
  154. 2249.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by 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. )

    Verify source ↗

    A physician and surgeon who primarily provides annual gynecological examinations must give the patient a standardized summary about gynecological cancer symptoms and diagnosis methods, in plain language and a language the patient understands.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 12. Enforcement [2220 - 2319] ( Article 12 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2249. (a) A physician and surgeon primarily responsible for providing a patient an annual gynecological examination shall provide that patient during the annual examination in layperson’s language and in a language understood by the patient a standardized summary containing a description of the symptoms and appropriate methods of diagnoses for gynecological cancers. This section does not preclude the use of existing publications or pamphlets developed by nationally recognized cancer organizations or by the State Department of Health Services pursuant to Section 138.4 of the Health and Safety Code. (b) A physician and surgeon who violates this section may be cited and assessed an administrative fine. No citation shall be issued and no fine shall be assessed upon the first complaint against a physician and surgeon who violates this section. Upon the second and subsequent complaints against a physician and surgeon who violates this section, a citation may be issued and an administrative fine may be assessed. (c) Notwithstanding any other provision of law, all fines collected pursuant to this section shall be credited to the Contingent Fund of the Medical Board of California to be used by the Office of Women’s Health within the State Department of Health Services for outreach services that provide information to women about gynecological cancers, but shall not be expended until they are appropriated by the Legislature in the Budget Act or another statute. (d) Section 2314 shall not apply to this section. (Amended by Stats. 2002, Ch. 664, Sec. 4. Effective January 1, 2003.)
  155. 2250.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by 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. )

    Verify source ↗

    Willful noncompliance with the specified informed-consent sterilization requirements is unprofessional conduct.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 12. Enforcement [2220 - 2319] ( Article 12 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2250. The willful failure to comply with the requirements of Article 6 (commencing with Section 14191) of Chapter 7 of Part 3 of Division 9 of the Welfare and Institutions Code and the regulations promulgated thereunder, relating to informed consent for sterilization procedures, constitutes unprofessional conduct. (Added by Stats. 1980, Ch. 1313, Sec. 2.)
  156. 22500.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 21. Ticket Sellers [22500 - 22511] ( Chapter 21 added by Stats. 1986, Ch. 378, Sec. 1. )

    Verify source ↗

    Ticket sellers must keep a permanent business address, sell tickets only from that address, include it in ads or solicitations, and obtain any local license required.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 21. Ticket Sellers [22500 - 22511] ( Chapter 21 added by Stats. 1986, Ch. 378, Sec. 1. ) ## 22500. (a) A ticket seller shall have a permanent business address from which tickets may only be sold and that address shall be included in any advertisement or solicitation, and shall be duly licensed as may be required by any local jurisdiction. (b) A violation of this section shall constitute a misdemeanor punishable by imprisonment in a county jail not exceeding six months, or by fine not exceeding two thousand five hundred dollars ($2,500), or by both. (c) Any person who engages, has engaged, or proposes to engage in a violation of this section shall be liable for a civil penalty not to exceed two thousand five hundred dollars ($2,500) for each violation, which may be assessed and recovered in a civil action brought in the name of the people of the State of California by the Attorney General, or a district attorney, or a city attorney of a city having a population in excess of 750,000, and, with the consent of the district attorney, by a city prosecutor in any city, county, or city and county having a full-time prosecutor in any court of competent jurisdiction. Payment of the civil penalty shall be made pursuant to the provisions of subdivision (b) of Section 17206. For the purposes of this section, each ticket sold or offered for sale in violation of this section shall constitute a separate violation. The remedies provided by this section are cumulative to each other and to the remedies or penalties available under all other laws of this state. (Amended by Stats. 1994, Ch. 1132, Sec. 1. Effective September 30, 1994.)
  157. 22501.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 21. Ticket Sellers [22500 - 22511] ( Chapter 21 added by Stats. 1986, Ch. 378, Sec. 1. )

    Verify source ↗

    A ticket seller must keep records of ticket sales, deposits, and refunds.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 21. Ticket Sellers [22500 - 22511] ( Chapter 21 added by Stats. 1986, Ch. 378, Sec. 1. ) ## 22501. A ticket seller shall maintain records of ticket sales, deposits, and refunds. (Added by Stats. 1986, Ch. 378, Sec. 1.)
  158. 22502.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 21. Ticket Sellers [22500 - 22511] ( Chapter 21 added by Stats. 1986, Ch. 378, Sec. 1. )

    Verify source ↗

    A ticket seller must tell the purchaser where the seat or seats are located before the sale, using a description or a map.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 21. Ticket Sellers [22500 - 22511] ( Chapter 21 added by Stats. 1986, Ch. 378, Sec. 1. ) ## 22502. A ticket seller shall, prior to sale, disclose to the purchaser by means of description or a map the location of the seat or seats represented by the ticket or tickets. (Added by Stats. 1986, Ch. 378, Sec. 1.)
  159. 22502.1.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 21. Ticket Sellers [22500 - 22511] ( Chapter 21 added by Stats. 1986, Ch. 378, Sec. 1. )

    Verify source ↗

    Ticket sellers generally may not take payment or deposits for tickets unless they meet one of the listed conditions.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 21. Ticket Sellers [22500 - 22511] ( Chapter 21 added by Stats. 1986, Ch. 378, Sec. 1. ) ## 22502.1. It shall be unlawful for a ticket seller to contract for the sale of tickets or accept consideration for payment in full or for a deposit for the sale of tickets unless the ticket seller meets one or more of the following requirements: (a) The ticket seller has the ticket in his or her possession. (b) The ticket seller has a written contract to obtain the offered ticket at a certain price from a person in possession of the ticket or from a person who has a contractual right to obtain the ticket from the primary contractor. (c) The ticket seller informs the purchaser orally at the time of the contract or receipt of consideration, whichever is earlier, and in writing within two business days, that the seller does not have possession of the tickets, has no contract to obtain the offered ticket at a certain price from a person in possession of the ticket or from a person who has a contractual right to obtain the ticket from the primary contractor, and may not be able to supply the ticket at the contracted price or range of prices. Nothing in this section shall prohibit a ticket seller from accepting a deposit from a prospective purchaser as part of an agreement that the ticket seller will make best efforts to obtain a ticket at a specified price or price range and within a specified time, provided that the ticket seller informs the purchaser orally at the time of the contract or receipt of consideration, whichever is earlier, and in writing within two days, of the terms of the deposit agreement, and includes in the oral and written notice the disclosures otherwise required by this section. (Added by Stats. 1994, Ch. 1132, Sec. 2. Effective September 30, 1994.)
  160. 22502.2.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 21. Ticket Sellers [22500 - 22511] ( Chapter 21 added by Stats. 1986, Ch. 378, Sec. 1. )

    Verify source ↗

    A ticket seller must not say a ticket can be delivered at a specific price or price range and then fail to deliver it within a reasonable time or the contracted time at or below that price.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 21. Ticket Sellers [22500 - 22511] ( Chapter 21 added by Stats. 1986, Ch. 378, Sec. 1. ) ## 22502.2. It shall be unlawful for a ticket seller to represent that he or she can deliver or cause to be delivered a ticket at a specific price or within a specific price range and to fail to deliver within a reasonable time or by a contracted time the tickets at or below the price stated or within the range of prices stated. (Added by Stats. 1994, Ch. 1132, Sec. 3. Effective September 30, 1994.)
  161. 22502.3.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 21. Ticket Sellers [22500 - 22511] ( Chapter 21 added by Stats. 1986, Ch. 378, Sec. 1. )

    Verify source ↗

    A ticket seller that violates certain ticket-sale rules and fails to provide a ticket at the contracted price may owe the purchaser civil damages.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 21. Ticket Sellers [22500 - 22511] ( Chapter 21 added by Stats. 1986, Ch. 378, Sec. 1. ) ## 22502.3. In addition to other remedies, a ticket seller who violates Section 22502.1 or 22502.2 and fails to supply a ticket at or below a contracted price or within a contracted price range shall be civilly liable to the ticket purchaser for two times the contracted price of the ticket, in addition to any sum expended by the purchaser in nonrefundable expenses for attending or attempting to attend the event in good faith reliance on seat or space availability, and reasonable attorney’s fees and court costs. (Added by Stats. 1994, Ch. 1132, Sec. 4. Effective September 30, 1994.)
  162. 22503.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 21. Ticket Sellers [22500 - 22511] ( Chapter 21 added by Stats. 1986, Ch. 378, Sec. 1. )

    Verify source ↗

    This section defines “ticket seller” as a person who, for compensation, commission, or otherwise, sells admission tickets to certain entertainment events.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 21. Ticket Sellers [22500 - 22511] ( Chapter 21 added by Stats. 1986, Ch. 378, Sec. 1. ) ## 22503. A ticket seller, as used in this chapter, means any person who for compensation, commission, or otherwise sells admission tickets to sporting, musical, theatre, or any other entertainment event. (Added by Stats. 1986, Ch. 378, Sec. 1.)
  163. 22503.5.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 21. Ticket Sellers [22500 - 22511] ( Chapter 21 added by Stats. 1986, Ch. 378, Sec. 1. )

    Verify source ↗

    This chapter does not apply to a primary contractor or to a ticket seller for the primary contractor if they are operating under a written contract.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 21. Ticket Sellers [22500 - 22511] ( Chapter 21 added by Stats. 1986, Ch. 378, Sec. 1. ) ## 22503.5. This chapter does not apply to any primary contractor or seller of tickets for the primary contractor operating under a written contract with the primary contractor. “Primary contractor” means the person or organization who is responsible for the event for which tickets are being sold. (Added by Stats. 1986, Ch. 378, Sec. 1.)
  164. 22503.6.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 21. Ticket Sellers [22500 - 22511] ( Chapter 21 added by Stats. 1986, Ch. 378, Sec. 1. )

    Verify source ↗

    This chapter does not apply to certain officially appointed carrier agents who buy or sell tickets for a tour package under a written agreement with the primary event promoter or that promoter’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 21. Ticket Sellers [22500 - 22511] ( Chapter 21 added by Stats. 1986, Ch. 378, Sec. 1. ) ## 22503.6. This chapter does not apply to an officially appointed agent of an air carrier, ocean carrier or motor coach carrier who purchases or sells tickets in conjunction with a tour package accomplished through the primary event promoter or his or her agent by written agreement. (Added by Stats. 1986, Ch. 378, Sec. 1.)
  165. 22504.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 21. Ticket Sellers [22500 - 22511] ( Chapter 21 added by Stats. 1986, Ch. 378, Sec. 1. )

    Verify source ↗

    This chapter does not apply to a person who sells six tickets or fewer to one event if the tickets are sold off the event premises.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 21. Ticket Sellers [22500 - 22511] ( Chapter 21 added by Stats. 1986, Ch. 378, Sec. 1. ) ## 22504. This chapter does not apply to any person who sells six tickets or less to any one single event, provided the tickets are sold off the premises where the event is to take place, including, but not limited to, designated parking areas and points of entry to the event. (Added by Stats. 1986, Ch. 378, Sec. 1.)
  166. 22505.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 21. Ticket Sellers [22500 - 22511] ( Chapter 21 added by Stats. 1986, Ch. 378, Sec. 1. )

    Verify source ↗

    A violation of any provision of 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 21. Ticket Sellers [22500 - 22511] ( Chapter 21 added by Stats. 1986, Ch. 378, Sec. 1. ) ## 22505. A violation of any provision of this chapter shall constitute a misdemeanor. (Added by Stats. 1986, Ch. 378, Sec. 1.)
  167. 22505.5.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 21. Ticket Sellers [22500 - 22511] ( Chapter 21 added by Stats. 1986, Ch. 378, Sec. 1. )

    Verify source ↗

    A person must not intentionally use or sell software or services to bypass ticket-buying security or access controls.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 21. Ticket Sellers [22500 - 22511] ( Chapter 21 added by Stats. 1986, Ch. 378, Sec. 1. ) ## 22505.5. (a) Notwithstanding Section 22503.5, 22503.6, 22504, or 22511, it shall be unlawful for a person to intentionally use or sell software or services to circumvent a security measure, access control system, or other control or measure that is used to ensure an equitable ticket buying process for event attendees. (b) For purposes of this section: (1) ”Event attendee” means a person who purchases one or more tickets with the intent to attend the event for which the ticket or tickets are purchased. An event attendee does not include a ticket seller. (2) “A control or measure that is used to ensure an equitable ticket buying process” includes limits on the number of tickets that a person can purchase. (Amended by Stats. 2019, Ch. 105, Sec. 1. (AB 1032) Effective January 1, 2020.)
  168. 22506.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 21. Ticket Sellers [22500 - 22511] ( Chapter 21 added by Stats. 1986, Ch. 378, Sec. 1. )

    Verify source ↗

    A ticket seller must refund deposits for a future event if tickets are not yet available, but may keep a service charge of up to 10%.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 21. Ticket Sellers [22500 - 22511] ( Chapter 21 added by Stats. 1986, Ch. 378, Sec. 1. ) ## 22506. Any partial or full deposit received by a ticket seller on a future event for which tickets are not available shall be refundable except for a service charge of not more than 10 percent until tickets for the event are actually available. (Added by Stats. 1986, Ch. 378, Sec. 1.)
  169. 22507.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 21. Ticket Sellers [22500 - 22511] ( Chapter 21 added by Stats. 1986, Ch. 378, Sec. 1. )

    Verify source ↗

    Ticket sellers must refund ticket prices for canceled, postponed, rescheduled, or replaced events within the stated time limits, and a local jurisdiction may require a bond of up to $50,000.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 21. Ticket Sellers [22500 - 22511] ( Chapter 21 added by Stats. 1986, Ch. 378, Sec. 1. ) ## 22507. (a) The ticket price of an event which is canceled shall be fully refunded to the purchaser by the ticket seller within 30 calendar days of the cancellation. (b) The ticket price of an event which is postponed, rescheduled, or replaced with another event at the same date and time, shall be fully refunded to the purchaser by the ticket seller upon request within 30 calendar days of the refund request. (c) For purposes of this section, a rescheduled event includes a canceled occurrence of a recurring event for which the purchaser is offered the opportunity to attend another, materially identical occurrence of the same event at a different date or time. (d) A local jurisdiction may require a ticket seller to provide a bond of not more than fifty thousand dollars ($50,000) to provide for any refunds that may be required by this section. (Amended by Stats. 2021, Ch. 180, Sec. 1. (AB 1556) Effective January 1, 2022.)
  170. 22508.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 21. Ticket Sellers [22500 - 22511] ( Chapter 21 added by Stats. 1986, Ch. 378, Sec. 1. )

    Verify source ↗

    A ticket seller must disclose any service charge in advertisements or promotions for an event.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 21. Ticket Sellers [22500 - 22511] ( Chapter 21 added by Stats. 1986, Ch. 378, Sec. 1. ) ## 22508. A ticket seller shall disclose that a service charge is imposed by the ticket seller and is added to the actual ticket price by the seller in any advertisement or promotion for any event by the ticket seller. (Added by Stats. 1986, Ch. 378, Sec. 1.)
  171. 22509.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 21. Ticket Sellers [22500 - 22511] ( Chapter 21 added by Stats. 1986, Ch. 378, Sec. 1. )

    Verify source ↗

    A ticket seller selling event tickets with a tour or event package must disclose the ticket price in advertisements or promotional materials.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 21. Ticket Sellers [22500 - 22511] ( Chapter 21 added by Stats. 1986, Ch. 378, Sec. 1. ) ## 22509. Any ticket seller who includes tickets to an event in conjunction with the sale of a tour or event package, including, among other things, transportation, meals, lodging, or beverages, shall disclose in any advertisements or promotional materials the price charged or allotted for the tickets. (Added by Stats. 1986, Ch. 378, Sec. 1.)
  172. 2251.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by 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. )

    Verify source ↗

    Prescribing, dispensing, administering, or furnishing liquid silicone to inject into a human breast or mammary is unprofessional conduct.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 12. Enforcement [2220 - 2319] ( Article 12 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2251. The prescribing, dispensing, administering, or furnishing of liquid silicone for the purpose of injecting such substance into a human breast or mammary constitutes unprofessional conduct. (Added by Stats. 1980, Ch. 1313, Sec. 2.)
  173. 22510.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 21. Ticket Sellers [22500 - 22511] ( Chapter 21 added by Stats. 1986, Ch. 378, Sec. 1. )

    Verify source ↗

    This section says the chapter does not stop any local agency from imposing local fees or taxes.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 21. Ticket Sellers [22500 - 22511] ( Chapter 21 added by Stats. 1986, Ch. 378, Sec. 1. ) ## 22510. Nothing in this chapter prohibits any local agency from imposing any local fees or taxes. (Added by Stats. 1986, Ch. 378, Sec. 1.)
  174. 22511.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 21. Ticket Sellers [22500 - 22511] ( Chapter 21 added by Stats. 1986, Ch. 378, Sec. 1. )

    Verify source ↗

    Chapter 21 does not apply to nonprofit charitable tax-exempt organizations that sell tickets to events they sponsor.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 21. Ticket Sellers [22500 - 22511] ( Chapter 21 added by Stats. 1986, Ch. 378, Sec. 1. ) ## 22511. This chapter does not apply to any nonprofit charitable tax-exempt organization selling tickets to an event sponsored by the organization. (Added by Stats. 1986, Ch. 378, Sec. 1.)
  175. 22515.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 21.5. Money Exchange Houses [22515 - 22519.5] ( Chapter 21.5 added by Stats. 1988, Ch. 433, Sec. 1. )

    Verify source ↗

    This section defines “money exchange house,” “currency,” “buying dollars,” and “selling dollars.”

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 21.5. Money Exchange Houses [22515 - 22519.5] ( Chapter 21.5 added by Stats. 1988, Ch. 433, Sec. 1. ) ## 22515. As used in this chapter, the following definitions are applicable: (a) “Money exchange house” means any individual or business engaged in the business of exchanging or dealing in the currency of the United States, Mexico, or any other country. It does not include any bank, savings association, or credit union chartered under the laws of this state or the United States or to any other business or entity regulated by the Financial Code. (b) “Currency” means any coined money, banknotes, or other paper money as are authorized by law which circulates from hand to hand as the medium of exchange. (c) “Buying dollars” means a transaction exchanging foreign currency for currency of the United States. (d) “Selling dollars” means a transaction exchanging the currency of the United States for foreign currency. (Added by Stats. 1988, Ch. 433, Sec. 1.)
  176. 22516.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 21.5. Money Exchange Houses [22515 - 22519.5] ( Chapter 21.5 added by Stats. 1988, Ch. 433, Sec. 1. )

    Verify source ↗

    Money exchange houses must clearly display exchange rates for buying and selling dollars on certain signs, and related signs or advertising must also show commissions and fees when rates are quoted.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 21.5. Money Exchange Houses [22515 - 22519.5] ( Chapter 21.5 added by Stats. 1988, Ch. 433, Sec. 1. ) ## 22516. (a) All window and exterior signs concerning the rates of exchange at a money exchange house shall clearly state the rate of exchange for both the buying and selling of dollars. (b) All interior signs and all advertising, if rates are quoted, shall clearly state the rates of exchange for both buying and selling of dollars and shall state all commissions and fees charged on all transactions. (c) An interior sign containing all information regarding rates of exchange and fees shall be printed in English and posted in clear view of customers at each point of exchange. (Added by Stats. 1988, Ch. 433, Sec. 1.)
  177. 22517.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 21.5. Money Exchange Houses [22515 - 22519.5] ( Chapter 21.5 added by Stats. 1988, Ch. 433, Sec. 1. )

    Verify source ↗

    A money exchange house must not advertise “no commission” if a commission or fee is actually charged.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 21.5. Money Exchange Houses [22515 - 22519.5] ( Chapter 21.5 added by Stats. 1988, Ch. 433, Sec. 1. ) ## 22517. It is unlawful for a money exchange house to advertise “no commission” when, in fact, a commission or fee is charged. (Added by Stats. 1988, Ch. 433, Sec. 1.)
  178. 22518.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 21.5. Money Exchange Houses [22515 - 22519.5] ( Chapter 21.5 added by Stats. 1988, Ch. 433, Sec. 1. )

    Verify source ↗

    For each exchange, a receipt must be given to each customer showing the exchange rate, any commission or fees, the net exchange after deductions, and the total currency given and returned.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 21.5. Money Exchange Houses [22515 - 22519.5] ( Chapter 21.5 added by Stats. 1988, Ch. 433, Sec. 1. ) ## 22518. A receipt shall be presented to each customer for each exchange, clearly stating the rate of exchange for the particular transaction, the amount of commission or fees, and the net exchange after all fees and commissions have been deducted. The receipt shall also state the total amount of currency presented by the customer and the total amount returned to the customer. (Added by Stats. 1988, Ch. 433, Sec. 1.)
  179. 22519.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 21.5. Money Exchange Houses [22515 - 22519.5] ( Chapter 21.5 added by Stats. 1988, Ch. 433, Sec. 1. )

    Verify source ↗

    A violation of this chapter is an infraction, punishable by a fine of at least $100 for the first offense and at least $500 for each later offense.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 21.5. Money Exchange Houses [22515 - 22519.5] ( Chapter 21.5 added by Stats. 1988, Ch. 433, Sec. 1. ) ## 22519. A violation of this chapter is an infraction punishable by a fine of not less than one hundred dollars ($100) for the first offense, and a fine of not less than five hundred dollars ($500) for each subsequent offense. (Added by Stats. 1988, Ch. 433, Sec. 1.)
  180. 22519.5.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 21.5. Money Exchange Houses [22515 - 22519.5] ( Chapter 21.5 added by Stats. 1988, Ch. 433, Sec. 1. )

    Verify source ↗

    This section says the chapter does not override other state laws or local ordinances covering money exchange house permits, renewals, denials, revocations, fees, advertising or sign rules, receipt requirements, or related penalties.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 21.5. Money Exchange Houses [22515 - 22519.5] ( Chapter 21.5 added by Stats. 1988, Ch. 433, Sec. 1. ) ## 22519.5. Nothing in this chapter shall be construed to limit the effect of any other state law or any local ordinance governing money exchange house permit applications, permit denials, permit renewals, permit revocations, regulatory fees, regulations on advertising or signs, receipt requirements, or penalties for violations thereof. (Added by renumbering Section 22520 (as added by Stats. 1988, Ch. 433) by Stats. 1990, Ch. 216, Sec. 4.)
  181. 2252.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by 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. )

    Verify source ↗

    A violation of the specified cancer-treatment health code chapter, or of an injunction or cease and desist order issued under it, counts as unprofessional conduct.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 12. Enforcement [2220 - 2319] ( Article 12 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2252. The violation of Chapter 4 (commencing with Section 109250) of Part 4 of Division 104 of the Health and Safety Code, or any violation of an injunction or cease and desist order issued under those provisions, relating to the treatment of cancer, constitutes unprofessional conduct. (Amended by Stats. 1996, Ch. 1023, Sec. 6. Effective September 29, 1996.)
  182. 2253.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by 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. )

    Verify source ↗

    This section makes some abortion-related conduct unprofessional conduct, sets when a person may be subject to Section 2052, and limits discipline by the Medical Board and Osteopathic Medical Board in specified abortion-related situations.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by 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. ) ## 2253. (a) Failure to comply with the Reproductive Privacy Act (Article 2.5 (commencing with Section 123460) of Chapter 2 of Part 2 of Division 106 of the Health and Safety Code) constitutes unprofessional conduct. (b) (1) Except as provided in paragraph (2), a person is subject to Section 2052 if the person performs an abortion, and at the time of so doing, does not have a valid, unrevoked, and unsuspended license to practice as a physician and surgeon. (2) A person shall not be subject to Section 2052 if the person performs an abortion by medication or aspiration techniques in the first trimester of pregnancy, and at the time of so doing, has a valid, unrevoked, and unsuspended license or certificate obtained in accordance with the Medical Practice Act (Chapter 5 (commencing with Section 2000)), the Osteopathic Act (Article 21 (commencing with Section 2450) of Chapter 5), the Nursing Practice Act (Chapter 6 (commencing with Section 2700)) or the Physician Assistant Practice Act (Chapter 7.7 (commencing with Section 3500)), that authorizes the person to perform the functions necessary for an abortion by medication or aspiration techniques. (c) In order to perform an abortion by aspiration techniques pursuant to paragraph (2) of subdivision (b), a person shall comply with Section 2725.4 or 3502.4. (d) The Medical Board of California and the Osteopathic Medical Board of California shall not suspend or revoke the certificate of a physician and surgeon solely for performing an abortion if they performed the abortion in accordance with the provisions of this chapter and the Reproductive Privacy Act (Article 2.5 (commencing with Section 123460) of Chapter 2 of Part 2 of Division 106 of the Health and Safety Code). (e) Notwithstanding any other law, including, but not limited to, Sections 141, 480, 490, 2221, 2305, 2234, and 2236, the Medical Board of California and the Osteopathic Medical Board of California, as applicable, shall not deny an application for licensure as a physician and surgeon, or suspend, revoke, or otherwise impose discipline upon a physician and surgeon licensed in this state under either of the following circumstances: (1) The physician and surgeon is licensed to practice medicine in another state and was disciplined in that state solely for performing an abortion in that state. (2) The physician and surgeon is licensed to practice medicine in another state and was convicted in that state for an offense related solely to the performance of an abortion in that state. (Amended by Stats. 2022, Ch. 565, Sec. 1. (AB 2626) Effective September 27, 2022.)
  183. 2254.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by 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. )

    Verify source ↗

    Violating Health and Safety Code Section 123440, which concerns research on aborted products of human conception, is treated as unprofessional conduct.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 12. Enforcement [2220 - 2319] ( Article 12 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2254. The violation of Section 123440 of the Health and Safety Code, relating to research on aborted products of human conception, constitutes unprofessional conduct. (Amended by Stats. 1996, Ch. 1023, Sec. 8. Effective September 29, 1996.)
  184. 2255.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by 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. )

    Verify source ↗

    Violating certain Health and Safety Code rules on unlawful referral of patients to extended care facilities counts as unprofessional conduct.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 12. Enforcement [2220 - 2319] ( Article 12 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2255. The violation of any provision of Chapter 2.3 (commencing with Section 1400) of Division 2 of the Health and Safety Code, relating to the unlawful referral of patients to extended care facilities, constitutes unprofessional conduct. (Added by Stats. 1980, Ch. 1313, Sec. 2.)
  185. 2256.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by 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. )

    Verify source ↗

    An intentional violation of certain Welfare and Institutions Code sections about involuntarily confined inpatients is unprofessional conduct.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 12. Enforcement [2220 - 2319] ( Article 12 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2256. Any intentional violation of Sections 5326.2 to 5326.8, inclusive, of the Welfare and Institutions Code, relating to the rights of involuntarily confined inpatients, constitutes unprofessional conduct. (Added by Stats. 1980, Ch. 1313, Sec. 2.)
  186. 2257.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by 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. )

    Verify source ↗

    Violating Section 109275 of the Health and Safety Code, on informed consent for breast cancer treatment, is unprofessional conduct.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 12. Enforcement [2220 - 2319] ( Article 12 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2257. The violation of Section 109275 of the Health and Safety Code, relating to informed consent for the treatment of breast cancer, constitutes unprofessional conduct. (Amended by Stats. 1996, Ch. 1023, Sec. 9. Effective September 29, 1996.)
  187. 22575.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 22. Internet Privacy Requirements [22575 - 22579] ( Chapter 22 added by Stats. 2003, Ch. 829, Sec. 3. )

    Verify source ↗

    Certain website and online service operators must post a privacy policy and include specific disclosures about data collection and consumer choices.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 22. Internet Privacy Requirements [22575 - 22579] ( Chapter 22 added by Stats. 2003, Ch. 829, Sec. 3. ) ## 22575. (a) An operator of a commercial Web site or online service that collects personally identifiable information through the Internet about individual consumers residing in California who use or visit its commercial Web site or online service shall conspicuously post its privacy policy on its Web site, or in the case of an operator of an online service, make that policy available in accordance with paragraph (5) of subdivision (b) of Section 22577. An operator shall be in violation of this subdivision only if the operator fails to post its policy within 30 days after being notified of noncompliance. (b) The privacy policy required by subdivision (a) shall do all of the following: (1) Identify the categories of personally identifiable information that the operator collects through the Web site or online service about individual consumers who use or visit its commercial Web site or online service and the categories of third-party persons or entities with whom the operator may share that personally identifiable information. (2) If the operator maintains a process for an individual consumer who uses or visits its commercial Web site or online service to review and request changes to any of his or her personally identifiable information that is collected through the Web site or online service, provide a description of that process. (3) Describe the process by which the operator notifies consumers who use or visit its commercial Web site or online service of material changes to the operator’s privacy policy for that Web site or online service. (4) Identify its effective date. (5) Disclose how the operator responds to Web browser “do not track” signals or other mechanisms that provide consumers the ability to exercise choice regarding the collection of personally identifiable information about an individual consumer’s online activities over time and across third-party Web sites or online services, if the operator engages in that collection. (6) Disclose whether other parties may collect personally identifiable information about an individual consumer’s online activities over time and across different Web sites when a consumer uses the operator’s Web site or service. (7) An operator may satisfy the requirement of paragraph (5) by providing a clear and conspicuous hyperlink in the operator’s privacy policy to an online location containing a description, including the effects, of any program or protocol the operator follows that offers the consumer that choice. (Amended by Stats. 2013, Ch. 390, Sec. 1. (AB 370) Effective January 1, 2014.)
  188. 22576.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 22. Internet Privacy Requirements [22575 - 22579] ( Chapter 22 added by Stats. 2003, Ch. 829, Sec. 3. )

    Verify source ↗

    An operator of a commercial website or online service that collects personal information from California consumers must comply with Section 22575 and its posted privacy policy, or it will be in violation of 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 22. Internet Privacy Requirements [22575 - 22579] ( Chapter 22 added by Stats. 2003, Ch. 829, Sec. 3. ) ## 22576. An operator of a commercial Web site or online service that collects personally identifiable information through the Web site or online service from individual consumers who use or visit the commercial Web site or online service and who reside in California shall be in violation of this section if the operator fails to comply with the provisions of Section 22575 or with the provisions of its posted privacy policy in either of the following ways: (a) Knowingly and willfully. (b) Negligently and materially. (Added by Stats. 2003, Ch. 829, Sec. 3. Effective January 1, 2004. Section operative July 1, 2004, pursuant to Section 22579.)
  189. 22577.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 22. Internet Privacy Requirements [22575 - 22579] ( Chapter 22 added by Stats. 2003, Ch. 829, Sec. 3. )

    Verify source ↗

    This section defines key terms used in the chapter.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 22. Internet Privacy Requirements [22575 - 22579] ( Chapter 22 added by Stats. 2003, Ch. 829, Sec. 3. ) ## 22577. For the purposes of this chapter, the following definitions apply: (a) The term “personally identifiable information” means individually identifiable information about an individual consumer collected online by the operator from that individual and maintained by the operator in an accessible form, including any of the following: (1) A first and last name. (2) A home or other physical address, including street name and name of a city or town. (3) An e-mail address. (4) A telephone number. (5) A social security number. (6) Any other identifier that permits the physical or online contacting of a specific individual. (7) Information concerning a user that the Web site or online service collects online from the user and maintains in personally identifiable form in combination with an identifier described in this subdivision. (b) The term “conspicuously post” with respect to a privacy policy shall include posting the privacy policy through any of the following: (1) A Web page on which the actual privacy policy is posted if the Web page is the homepage or first significant page after entering the Web site. (2) An icon that hyperlinks to a Web page on which the actual privacy policy is posted, if the icon is located on the homepage or the first significant page after entering the Web site, and if the icon contains the word “privacy.” The icon shall also use a color that contrasts with the background color of the Web page or is otherwise distinguishable. (3) A text link that hyperlinks to a Web page on which the actual privacy policy is posted, if the text link is located on the homepage or first significant page after entering the Web site, and if the text link does one of the following: (A) Includes the word “privacy.” (B) Is written in capital letters equal to or greater in size than the surrounding text. (C) Is written in larger type than the surrounding text, or in contrasting type, font, or color to the surrounding text of the same size, or set off from the surrounding text of the same size by symbols or other marks that call attention to the language. (4) Any other functional hyperlink that is so displayed that a reasonable person would notice it. (5) In the case of an online service, any other reasonably accessible means of making the privacy policy available for consumers of the online service. (c) The term “operator” means any person or entity that owns a Web site located on the Internet or an online service that collects and maintains personally identifiable information from a consumer residing in California who uses or visits the Web site or online service if the Web site or online service is operated for commercial purposes. It does not include any third party that operates, hosts, or manages, but does not own, a Web site or online service on the owner’s behalf or by processing information on behalf of the owner. (d) The term “consumer” means any individual who seeks or acquires, by purchase or lease, any goods, services, money, or credit for personal, family, or household purposes. (Added by Stats. 2003, Ch. 829, Sec. 3. Effective January 1, 2004. Section operative July 1, 2004, pursuant to Section 22579.)
  190. 22578.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 22. Internet Privacy Requirements [22575 - 22579] ( Chapter 22 added by Stats. 2003, Ch. 829, Sec. 3. )

    Verify source ↗

    This section says the chapter is a matter of statewide concern and overrides local rules about posting a privacy policy on a website.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 22. Internet Privacy Requirements [22575 - 22579] ( Chapter 22 added by Stats. 2003, Ch. 829, Sec. 3. ) ## 22578. It is the intent of the Legislature that this chapter is a matter of statewide concern. This chapter supersedes and preempts all rules, regulations, codes, ordinances, and other laws adopted by a city, county, city and county, municipality, or local agency regarding the posting of a privacy policy on an Internet Web site. (Added by Stats. 2003, Ch. 829, Sec. 3. Effective January 1, 2004. Section operative July 1, 2004, pursuant to Section 22579.)
  191. 22579.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 22. Internet Privacy Requirements [22575 - 22579] ( Chapter 22 added by Stats. 2003, Ch. 829, Sec. 3. )

    Verify source ↗

    Chapter 22 becomes operative on July 1, 2004.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 22. Internet Privacy Requirements [22575 - 22579] ( Chapter 22 added by Stats. 2003, Ch. 829, Sec. 3. ) ## 22579. This chapter shall become operative on July 1, 2004. (Added by Stats. 2003, Ch. 829, Sec. 3. Effective January 1, 2004. Note: This section prescribes a delayed operative date for Chapter 22, commencing with Section 22575.)
  192. 2258.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by 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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    Violating Section 1708.5 of the Health and Safety Code, as it relates to laetrile or amygdalin for cancer therapy, counts as unprofessional conduct.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 12. Enforcement [2220 - 2319] ( Article 12 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2258. The violation of Section 1708.5 of the Health and Safety Code, relating to the use of laetrile or amygdalin with respect to cancer therapy, constitutes unprofessional conduct. (Added by Stats. 1980, Ch. 1313, Sec. 2.9.)
  193. 22580.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 22.1. Privacy Rights for California Minors in the Digital World [22580 - 22582] ( Chapter 22.1 added by Stats. 2013, Ch. 336, Sec. 1. )

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    Operators of websites, online services, online applications, and mobile applications directed to minors cannot market certain listed products or services to minors, and related personal information use for that purpose is also barred.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 22.1. Privacy Rights for California Minors in the Digital World [22580 - 22582] ( Chapter 22.1 added by Stats. 2013, Ch. 336, Sec. 1. ) ## 22580. (a) An operator of an Internet Web site, online service, online application, or mobile application directed to minors shall not market or advertise a product or a service described in subdivision (i) on its Internet Web site, online service, online application, or mobile application directed to minors. (b) An operator of an Internet Web site, online service, online application, or mobile application: (1) Shall not market or advertise a product or service described in subdivision (i) to a minor who the operator has actual knowledge is using its Internet Web site, online service, online application, or mobile application and is a minor, if the marketing or advertising is specifically directed to that minor based upon information specific to that minor, including, but not limited to, the minor’s profile, activity, address, or location sufficient to establish contact with a minor, and excluding Internet Protocol (IP) address and product identification numbers for the operation of a service. (2) Shall be deemed to be in compliance with paragraph (1) if the operator takes reasonable actions in good faith designed to avoid marketing or advertising under circumstances prohibited under paragraph (1). (c) An operator of an Internet Web site, online service, online application, or mobile application directed to minors or who has actual knowledge that a minor is using its Internet Web site, online service, online application, or mobile application, shall not knowingly use, disclose, compile, or allow a third party to use, disclose, or compile, the personal information of a minor with actual knowledge that the use, disclosure, or compilation is for the purpose of marketing or advertising products or services to that minor for a product described in subdivision (i). (d) “Minor” means a natural person under 18 years of age who resides in this state. (e) “Internet Web site, online service, online application, or mobile application directed to minors” mean an Internet Web site, online service, online application, or mobile application, or a portion thereof, that is created for the purpose of reaching an audience that is predominately comprised of minors, and is not intended for a more general audience comprised of adults. Provided, however, that an Internet Web site, online service, online application, or mobile application, or a portion thereof, shall not be deemed to be directed at minors solely because it refers or links to an Internet Web site, online service, online application, or mobile application directed to minors by using information location tools, including a directory, index, reference, pointer, or hypertext link. (f) “Operator” means any person or entity that owns an Internet Web site, online service, online application, or mobile application. It does not include any third party that operates, hosts, or manages, but does not own, an Internet Web site, online service, online application, or mobile application on the owner’s behalf or processes information on the owner’s behalf. (g) This section shall not be construed to require an operator of an Internet Web site, online service, online application, or mobile application to collect or retain age information about users. (h) (1) With respect to marketing or advertising provided by an advertising service, the operator of an Internet Web site, online service, online application, or mobile application directed to minors shall be deemed to be in compliance with subdivision (a) if the operator notifies the advertising service, in the manner required by the advertising service, that the site, service, or application is directed to minors. (2) If an advertising service is notified, in the manner required by the advertising service, that an Internet Web site, online service, online application, or mobile application is directed to minors pursuant to paragraph (1), the advertising service shall not market or advertise a product or service on the operator’s Internet Web site, online service, online application, or mobile application that is described in subdivision (i). (i) The marketing and advertising restrictions described in subdivisions (a) and (b) shall apply to the following products and services as they are defined under state law: (1) Alcoholic beverages, as referenced in Sections 23003 to 23007, inclusive, and Section 25658. (2) Firearms or handguns, as referenced in Sections 16520, 16640, and 27505 of the Penal Code. (3) Ammunition or reloaded ammunition, as referenced in Sections 16150 and 30300 of the Penal Code. (4) Handgun safety certificates, as referenced in Sections 31625 and 31655 of the Penal Code. (5) Aerosol container of paint that is capable of defacing property, as referenced in Section 594.1 of the Penal Code. (6) Etching cream that is capable of defacing property, as referenced in Section 594.1 of the Penal Code. (7) Any tobacco, cigarette, or cigarette papers, or blunt wraps, or any other preparation of tobacco, or any other instrument or paraphernalia that is designed for the smoking or ingestion of tobacco, products prepared from tobacco, or any controlled substance, as referenced in Division 8.5 (commencing with Section 22950) and Sections 308, 308.1, 308.2, and 308.3 of the Penal Code. (8) Notwithstanding subdivision (b) of Section 26151, any cannabis, cannabis product, cannabis business, or any instrument or paraphernalia that is designed for the smoking or ingestion of cannabis or cannabis products. (9) BB device, as referenced in Sections 16250 and 19910 of the Penal Code. (10) Dangerous fireworks, as referenced in Sections 12505 and 12689 of the Health and Safety Code. (11) Tanning in an ultraviolet tanning device, as referenced in Sections 22702 and 22706. (12) Dietary supplement products containing ephedrine group alkaloids, as referenced in Section 110423.2 of the Health and Safety Code. (13) Tickets or shares in a lottery game, as referenced in Sections 8880.12 and 8880.52 of the Government Code. (14) Salvia divinorum or Salvinorin A, or any substance or material containing Salvia divinorum or Salvinorin A, as referenced in Section 379 of the Penal Code. (15) Body branding, as referenced in Sections 119301 and 119302 of the Health and Safety Code. (16) Permanent tattoo, as referenced in Sections 119301 and 119302 of the Health and Safety Code and Section 653 of the Penal Code. (17) Drug paraphernalia, as referenced in Section 11364.5 of the Health and Safety Code. (18) Electronic cigarette, as referenced in Section 119406 of the Health and Safety Code. (19) Obscene matter, as referenced in Section 311 of the Penal Code. (20) A less lethal weapon, as referenced in Sections 16780 and 19405 of the Penal Code. (j) The marketing and advertising restrictions described in subdivisions (a), (b), and (c) shall not apply to the incidental placement of products or services embedded in content if the content is not distributed by or at the direction of the operator primarily for the purposes of marketing and advertising of the products or services described in subdivision (i). (k) “Marketing or advertising” means, in exchange for monetary compensation, to make a communication to one or more individuals, or to arrange for the dissemination to the public of a communication, about a product or service the primary purpose of which is to encourage recipients of the communication to purchase or use the product or service. (Amended by Stats. 2018, Ch. 347, Sec. 1. (AB 3067) Effective January 1, 2019.)
  194. 22581.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 22.1. Privacy Rights for California Minors in the Digital World [22580 - 22582] ( Chapter 22.1 added by Stats. 2013, Ch. 336, Sec. 1. )

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    Operators covered by this section must let qualifying minor users remove their posted content, and must give those users notice and clear instructions about removal; they also must warn that removal may not be complete.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 22.1. Privacy Rights for California Minors in the Digital World [22580 - 22582] ( Chapter 22.1 added by Stats. 2013, Ch. 336, Sec. 1. ) ## 22581. (a) An operator of an Internet Web site, online service, online application, or mobile application directed to minors or an operator of an Internet Web site, online service, online application, or mobile application that has actual knowledge that a minor is using its Internet Web site, online service, online application, or mobile application shall do all of the following: (1) Permit a minor who is a registered user of the operator’s Internet Web site, online service, online application, or mobile application to remove or, if the operator prefers, to request and obtain removal of, content or information posted on the operator’s Internet Web site, online service, online application, or mobile application by the user. (2) Provide notice to a minor who is a registered user of the operator’s Internet Web site, online service, online application, or mobile application that the minor may remove or, if the operator prefers, request and obtain removal of, content or information posted on the operator’s Internet Web site, online service, online application, or mobile application by the registered user. (3) Provide clear instructions to a minor who is a registered user of the operator’s Internet Web site, online service, online application, or mobile application on how the user may remove or, if the operator prefers, request and obtain the removal of content or information posted on the operator’s Internet Web site, online service, online application, or mobile application. (4) Provide notice to a minor who is a registered user of the operator’s Internet Web site, online service, online application, or mobile application that the removal described under paragraph (1) does not ensure complete or comprehensive removal of the content or information posted on the operator’s Internet Web site, online service, online application, or mobile application by the registered user. (b) An operator or a third party is not required to erase or otherwise eliminate, or to enable erasure or elimination of, content or information in any of the following circumstances: (1) Any other provision of federal or state law requires the operator or third party to maintain the content or information. (2) The content or information was stored on or posted to the operator’s Internet Web site, online service, online application, or mobile application by a third party other than the minor, who is a registered user, including any content or information posted by the registered user that was stored, republished, or reposted by the third party. (3) The operator anonymizes the content or information posted by the minor who is a registered user, so that the minor who is a registered user cannot be individually identified. (4) The minor does not follow the instructions provided to the minor pursuant to paragraph (3) of subdivision (a) on how the registered user may request and obtain the removal of content or information posted on the operator’s Internet Web site, online service, online application, or mobile application by the registered user. (5) The minor has received compensation or other consideration for providing the content. (c) This section shall not be construed to limit the authority of a law enforcement agency to obtain any content or information from an operator as authorized by law or pursuant to an order of a court of competent jurisdiction. (d) An operator shall be deemed compliant with this section if: (1) It renders the content or information posted by the minor user no longer visible to other users of the service and the public even if the content or information remains on the operator’s servers in some form. (2) Despite making the original posting by the minor user invisible, it remains visible because a third party has copied the posting or reposted the content or information posted by the minor. (e) This section shall not be construed to require an operator of an Internet Web site, online service, online application, or mobile application to collect age information about users. (f) “Posted” means content or information that can be accessed by a user in addition to the minor who posted the content or information, whether the user is a registered user or not, of the Internet Web site, online service, online application, or mobile application where the content or information is posted. (Added by Stats. 2013, Ch. 336, Sec. 1. (SB 568) Effective January 1, 2014. Section operative January 1, 2015, pursuant to Section 22582.)
  195. 22582.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 22.1. Privacy Rights for California Minors in the Digital World [22580 - 22582] ( Chapter 22.1 added by Stats. 2013, Ch. 336, Sec. 1. )

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    Chapter 22.1 becomes operative on January 1, 2015.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 22.1. Privacy Rights for California Minors in the Digital World [22580 - 22582] ( Chapter 22.1 added by Stats. 2013, Ch. 336, Sec. 1. ) ## 22582. This chapter shall become operative on January 1, 2015. (Added by Stats. 2013, Ch. 336, Sec. 1. (SB 568) Effective January 1, 2014. Note: This section prescribes a delayed operative date for Chapter 22.1, commencing with Section 22580.)
  196. 22584.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 22.2. K–12 Pupil Online Personal Information Protection Act [22584 - 22585] ( Heading of Chapter 22.2 amended by Stats. 2024, Ch. 935, Sec. 1. )

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    Operators of K–12 school-purpose online services must not target ads, profile pupils, sell pupil information, or disclose covered information except in listed circumstances, and they must use reasonable security and delete certain pupil data 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 22.2. K–12 Pupil Online Personal Information Protection Act [22584 - 22585] ( Heading of Chapter 22.2 amended by Stats. 2024, Ch. 935, Sec. 1. ) ## 22584. (a) For purposes of this chapter: (1) “California Consumer Privacy Act-excluded covered information” or “CCPA-excluded covered information” means covered information that is not subject to the California Consumer Privacy Act of 2018 (Title 1.81.5 (commencing with Section 1798.100) of Part 4 of Division 3 of the Civil Code). (2) “Covered information” means personally identifiable information or materials, in any media or format that meets any of the following: (A) Is created or provided by a pupil, or the pupil’s parent or legal guardian, to an operator in the course of the pupil’s, parent’s, or legal guardian’s use of the operator’s site, service, or application for K–12 school purposes. (B) Is created or provided by an employee or agent of the school or local educational agency to an operator. (C) Is gathered by an operator through the operation of a site, service, or application described in paragraph (6) and is descriptive of a pupil or otherwise identifies a pupil, including, but not limited to, information in the pupil’s educational record or email, first and last name, home address, telephone number, email address, or other information that allows physical or online contact, discipline records, test results, special education data, juvenile dependency records, grades, evaluations, criminal records, medical records, health records, social security number, biometric information, disabilities, socioeconomic information, food purchases, political affiliations, religious information, text messages, documents, pupil identifiers, search activity, photographs, voice recordings, or geolocation information. (3) “K–12 school purposes” means purposes that customarily take place at the direction of the K–12 school, teacher, or local educational agency or aid in the administration of school activities, including, but not limited to, instruction in the classroom or at home, administrative activities, and collaboration between pupils, school personnel, or parents, or are for the use and benefit of the school. (4) “Local educational agency” means a school district, county office of education, charter school, or the state special schools for the blind and the deaf. (5) “National assessment provider” means a person that develops, sponsors, or administers standardized tests. (6) “Online service” includes cloud computing services, which must comply with this section if they otherwise meet the definition of an operator. (7) “Operator” means the operator of an internet website, online service, online application, or mobile application with actual knowledge that the site, service, or application is used primarily for K–12 school purposes and was designed and marketed for K–12 school purposes. (8) “Pupil” means a student enrolled in a K–12 course of instruction. (9) “Standardized test” means a test administered in California at the expense of the test subject that meets either of the following criteria: (A) The test is used for the purposes of admission to, or class placement in, postsecondary educational institutions or their programs. (B) The test is used for preliminary preparation for a test described in subparagraph (A). (b) An operator shall not knowingly engage in any of the following activities with respect to their site, service, or application: (1) (A) Engage in targeted advertising on the operator’s site, service, or application, or (B) target advertising on any other site, service, or application when the targeting of the advertising is based upon any information, including covered information and persistent unique identifiers, that the operator has acquired because of the use of that operator’s site, service, or application described in paragraph (6) of subdivision (a). (2) Use information, including persistent unique identifiers, created or gathered by the operator’s site, service, or application, to amass a profile about a pupil enrolled in a local educational agency, except in furtherance of K–12 school purposes. (3) Sell a pupil’s information, including covered information. This prohibition does not apply to the purchase, merger, or other type of acquisition of an operator by another entity, provided that the operator or successor entity continues to be subject to the provisions of this section with respect to previously acquired pupil information. (4) Disclose covered information unless the disclosure is made: (A) In furtherance of the K–12 purpose of the site, service, or application, provided the recipient of the covered information disclosed pursuant to this subparagraph: (i) Shall not further disclose the information unless done to allow or improve operability and functionality within that pupil’s classroom or school; and (ii) Is legally required to comply with subdivision (d); (B) To ensure legal and regulatory compliance; (C) To respond to or participate in judicial process; (D) To protect the safety of users or others or security of the site; or (E) To a service provider, provided the operator contractually (i) prohibits the service provider from using any covered information for any purpose other than providing the contracted service to, or on behalf of, the operator, (ii) prohibits the service provider from disclosing any covered information provided by the operator with subsequent third parties, and (iii) requires the service provider to implement and maintain reasonable security procedures and practices as provided in subdivision (d). (c) Subdivision (b) does not prohibit the operator’s use of information for maintaining, developing, supporting, improving, or diagnosing the operator’s site, service, or application. (d) An operator shall do all of the following: (1) Implement and maintain reasonable security procedures and practices appropriate to the nature of the covered information, and protect that information from unauthorized access, destruction, use, modification, or disclosure. (2) (A) Delete a pupil’s covered information if the school or local educational agency requests deletion of data under the control of the school or local educational agency. (B) This paragraph does not require the deletion of pupil records held by a national assessment provider and that only include standardized test results. (3) (A) Delete a pupil’s CCPA-excluded covered information under the operator’s control if a pupil’s parent or guardian or, in the case of a former pupil who is 18 years of age or older, the pupil requests an operator to delete the covered information under the operator’s control if the pupil has been no longer enrolled in the local educational agency for at least 60 days. (B) Before deleting any information described in subparagraph (A), the operator shall require documentation that the pupil is no longer enrolled in the local educational agency. (C) This paragraph does not require deletion of mandatory permanent pupil records, described in Section 430 of Title 5 of the California Code of Regulations, or any official records or files directly related to a pupil and maintained by the operator, school, or local educational agency, including, but not limited to, records of achievement and results of evaluative tests or records encompassing all the material kept in the pupil’s cumulative folder that is maintained by the school or local educational agency, including, but not limited to, general identifying data, records of attendance and of academic work completed, health data, disciplinary status, test protocols, individualized education programs, or pupil records held by a national assessment provider and that only include standardized test results. (e) Notwithstanding paragraph (4) of subdivision (b), an operator may disclose covered information of a pupil, as long as paragraphs (1) to (3), inclusive, of subdivision (b) are not violated, under the following circumstances: (1) If other provisions of federal or state law require the operator to disclose the information, and the operator complies with the requirements of federal and state law in protecting and disclosing that information. (2) For legitimate research purposes: (A) as required by state or federal law and subject to the restrictions under applicable state and federal law or (B) as allowed by state or federal law and under the direction of a local educational agency or state department of education, if no covered information is used for any purpose in furtherance of advertising or to amass a profile on the pupil for purposes other than K–12 school purposes. (3) To a state or local educational agency, including schools of local educational agencies, for K–12 school purposes, as permitted by state or federal law. (f) This section does not prohibit an operator from using deidentified pupil covered information as follows: (1) Within the operator’s site, service, or application or other sites, services, or applications owned by the operator to improve educational products. (2) To demonstrate the effectiveness of the operator’s products or services, including in their marketing. (g) This section does not prohibit an operator from sharing aggregated deidentified pupil covered information for the development and improvement of educational sites, services, or applications. (h) This section does not limit the authority of a law enforcement agency to obtain any content or information from an operator as authorized by law or pursuant to an order of a court of competent jurisdiction. (i) This section does not limit the ability of an operator to use pupil data, including covered information, for adaptive learning or customized pupil learning purposes. (j) This section does not apply to general audience internet websites, general audience online services, general audience online applications, or general audience mobile applications, even if login credentials created for an operator’s site, service, or application may be used to access those general audience sites, services, or applications. (k) This section does not limit internet service providers from providing internet connectivity to schools or pupils and their families. (l) This section does not prohibit an operator of an internet website, online service, online application, or mobile application from marketing educational products directly to parents so long as the marketing did not result from the use of covered information obtained by the operator through the provision of services covered under this section. (m) This section does not impose a duty upon a provider of an electronic store, gateway, marketplace, or other means of purchasing or downloading software or applications to review or enforce compliance of this section on those applications or software. (n) This section does not impose a duty upon a provider of an interactive computer service, as defined in Section 230 of Title 47 of the United States Code, to review or enforce compliance with this section by third-party content providers. (o) This section does not impede the ability of pupils to download, export, or otherwise save or maintain their own pupil-created data or documents. (p) This section shall not be interpreted to limit or supersede any rights or requirements under the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.), the Rehabilitation Act of 1973 (29 U.S.C. Sec. 701 et seq.), and any rules or regulations promulgated pursuant to those laws. (Amended by Stats. 2024, Ch. 935, Sec. 2. (AB 801) Effective January 1, 2025.)
  197. 22585.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 22.2. K–12 Pupil Online Personal Information Protection Act [22584 - 22585] ( Heading of Chapter 22.2 amended by Stats. 2024, Ch. 935, Sec. 1. )

    Verify source ↗

    This chapter becomes operative on January 1, 2016.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 22.2. K–12 Pupil Online Personal Information Protection Act [22584 - 22585] ( Heading of Chapter 22.2 amended by Stats. 2024, Ch. 935, Sec. 1. ) ## 22585. This chapter shall become operative on January 1, 2016. (Added by Stats. 2014, Ch. 839, Sec. 1. (SB 1177) Effective January 1, 2015. Section operative January 1, 2016, by its own provisions.)
  198. 22585.5.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 22.2.3. National Assessment Providers [22585.5 - 22585.6] ( Chapter 22.2.3 added by Stats. 2024, Ch. 508, Sec. 1. )

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    This section defines several terms used in the chapter, including “covered information,” “national assessment provider,” “personal information,” and “standardized test.”

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 22.2.3. National Assessment Providers [22585.5 - 22585.6] ( Chapter 22.2.3 added by Stats. 2024, Ch. 508, Sec. 1. ) ## 22585.5. For purposes of this chapter: (a) “Covered information” means personal information provided by an individual, or the individual’s parent or legal guardian, to a national assessment provider for the purposes of administering, or publishing or distributing the scores with respect to, a standardized test. (b) “National assessment provider” means a person that develops, sponsors, or administers standardized tests. (c) “Personal information” has the same meaning as defined in Section 1798.140 of the Civil Code. (d) (1) “Standardized test” means a test administered in California at the expense of the test subject that meets either of the following criteria: (A) The test is used for the purposes of admission to, or class placement in, postsecondary educational institutions or their programs. (B) The test is used for preliminary preparation for a test described in subparagraph (A). (2) “Standardized test” does not mean a test administered for K–12 purposes, as defined in Section 22584. (Added by Stats. 2024, Ch. 508, Sec. 1. (AB 1971) Effective January 1, 2025.)
  199. 22585.6.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 22.2.3. National Assessment Providers [22585.5 - 22585.6] ( Chapter 22.2.3 added by Stats. 2024, Ch. 508, Sec. 1. )

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    A national assessment provider may not knowingly sell or disclose covered information in connection with standardized tests, except in listed situations. It must also maintain reasonable security procedures for that information.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 22.2.3. National Assessment Providers [22585.5 - 22585.6] ( Chapter 22.2.3 added by Stats. 2024, Ch. 508, Sec. 1. ) ## 22585.6. (a) A national assessment provider shall not knowingly do any of the following with respect to its administration of, or publishing or distributing the scores with respect to, a standardized test: (1) (A) Except as provided in subparagraph (B), sell covered information. (B) A national assessment provider may sell covered information if either of the following apply: (i) The sale is incident to the purchase, merger, or other type of acquisition of a national assessment provider by another entity, if that entity complies with this chapter as if it were a national assessment provider. (ii) (I) The sale is to colleges, universities, financial aid and scholarship agencies, government agencies, and organizations that offer educational, community involvement, extracurricular, and career opportunities products and services solely to provide access to employment, educational scholarships or financial aid, or educational opportunities. (II) This clause applies only if the individual, or the individual’s parent or legal guardian, identified by the covered information expressly consented to the sale of the covered information. (2) Disclose covered information to a third party, including, but not limited to, social media providers through cookies, pixels, or similar tracking technologies on the national assessment provider’s internet website. (3) Disclose covered information unless any of the following is true: (A) (i) The disclosure is made in furtherance of the purposes of the standardized test, including, but not limited to, disclosure to postsecondary institutions, scholarship providers, or government agencies for the purpose of an individual’s admission, course credit, or placement in an institution or facilitating an individual’s eligibility for recognition, a scholarship, or financial aid. (ii) This subparagraph applies only if the individual identified by the covered information expressly consented to the disclosure, and the recipient of the covered information agreed not to further disclose the information without the consent of the individual or as required by law. (B) The disclosure is made to ensure legal and regulatory compliance. (C) The disclosure is made to respond to, or participate in, judicial process. (D) The disclosure is made to protect personal safety or the safety of others. (E) The disclosure is made to a service provider if a national assessment provider contractually does all of the following: (i) Prohibits the service provider from using any covered information for a purpose other than providing the contracted service to, or on behalf of, the national assessment provider. (ii) Prohibits the service provider from disclosing any covered information provided by the national assessment provider to other third parties. (iii) Requires the service provider to implement and maintain reasonable security procedures and practices appropriate to the nature of the covered information, and protect that information from unauthorized access, destruction, use, modification, or disclosure. (F) The disclosure is made for legitimate research purposes required by state or federal law. (G) The disclosure is made to a state or local educational agency, including a school or school district. (H) The disclosure is made to a parent or legal guardian of the individual identified by the covered information if that individual is under the age of 18. (b) This section does not prohibit a national assessment provider from using covered information for maintaining, developing, supporting, improving, or diagnosing the national assessment provider’s programs and services. (c) A national assessment provider shall implement and maintain reasonable security procedures and practices appropriate to the nature of the covered information, and protect that information from unauthorized access, destruction, use, modification, or disclosure. (d) If there is a conflict between any other law, including the California Consumer Privacy Act of 2018 (Title 1.81.5 (commencing with Section 1798.100) of Part 4 of Division 3 of the Civil Code) and this chapter, the law that affords the greatest protection of the right of privacy shall control. (Added by Stats. 2024, Ch. 508, Sec. 1. (AB 1971) Effective January 1, 2025.)
  200. 22586.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 22.2.5. Early Learning Personal Information Protection Act [22586 - 22587] ( Chapter 22.2.5 added by Stats. 2016, Ch. 620, Sec. 1. )

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    This section limits operators of preschool/prekindergarten websites, apps, and online services from targeted advertising, profiling, selling, or broadly disclosing pupil covered information, and requires security and deletion steps.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 22.2.5. Early Learning Personal Information Protection Act [22586 - 22587] ( Chapter 22.2.5 added by Stats. 2016, Ch. 620, Sec. 1. ) ## 22586. (a) For purposes of this chapter: (1) “California Consumer Privacy Act-excluded covered information” or “CCPA-excluded covered information” means covered information that is not subject to the California Consumer Privacy Act of 2018 (Title 1.81.5 (commencing with Section 1798.100) of Part 4 of Division 3 of the Civil Code). (2) “Covered information” means personally identifiable information or materials, in any media or format that meets any of the following: (A) Is created or provided by a pupil, or the pupil’s parent or legal guardian, to an operator in the course of the pupil’s, parent’s, or legal guardian’s use of the operator’s site, service, or application for preschool and prekindergarten purposes. (B) Is created or provided by an employee or agent of the preschool, prekindergarten, school district, local educational agency, or county office of education, to an operator. (C) Is gathered by an operator through the operation of a site, service, or application described in paragraph (4), and is descriptive of a pupil or otherwise identifies a pupil, including, but not limited to, information in the pupil’s educational record or email, first and last name, home address, telephone number, email address, or other information that allows physical or online contact, discipline records, test results, special education data, juvenile dependency records, grades, evaluations, criminal records, medical records, health records, social security number, biometric information, disabilities, socioeconomic information, food purchases, political affiliations, religious information, text messages, documents, pupil identifiers, search activity, photographs, voice recordings, or geolocation information. (3) “Online service” includes cloud computing services, which must comply with this section if they otherwise meet the definition of an operator. (4) “Operator” means the operator of an internet website, online service, online application, or mobile application with actual knowledge that the site, service, or application is used primarily for preschool or prekindergarten purposes and was designed and marketed for preschool and prekindergarten purposes. (5) “Preschool or prekindergarten purposes” means purposes that customarily take place at the direction of the preschool, prekindergarten, teacher, or school district, or aid in the administration of preschool or prekindergarten activities, including, but not limited to, instruction in the classroom or at home, administrative activities, and collaboration between pupils, preschool or prekindergarten personnel, or parents, or are for the use and benefit of the preschool or prekindergarten. (6) “Pupil” means a child enrolled in a preschool or prekindergarten course of instruction. (b) An operator shall not knowingly engage in any of the following activities with respect to their site, service, or application: (1) (A) Engage in targeted advertising on the operator’s site, service, or application. (B) Target advertising on any other site, service, or application when the targeting of the advertising is based upon any information, including covered information and persistent unique identifiers, that the operator has acquired because of the use of that operator’s site, service, or application described in paragraph (4) of subdivision (a). (2) Use information, including persistent unique identifiers, created or gathered by the operator’s site, service, or application, to amass a profile about a pupil, except in furtherance of preschool or prekindergarten purposes. (3) Sell a pupil’s information, including covered information. This prohibition does not apply to the purchase, merger, or other type of acquisition of an operator by another entity, provided that the operator or successor entity continues to be subject to the provisions of this section with respect to previously acquired pupil information. (4) Disclose covered information unless the disclosure is made: (A) In furtherance of the preschool and prekindergarten purposes of the site, service, or application, provided that the recipient of the covered information disclosed pursuant to this subparagraph: (i) Shall not further disclose the information unless done to allow or improve operability and functionality within that pupil’s preschool or prekindergarten. (ii) Is legally required to comply with subdivision (d); (B) To ensure legal and regulatory compliance; (C) To respond to or participate in a judicial process; (D) To protect the safety of users or others or security of the site; or (E) To a service provider, provided the operator contractually (i) prohibits the service provider from using any covered information for any purpose other than providing the contracted service to, or on behalf of, the operator, (ii) prohibits the service provider from disclosing any covered information provided by the operator with subsequent third parties, and (iii) requires the service provider to implement and maintain reasonable security procedures and practices as provided in subdivision (d). (c) Subdivision (b) does not prohibit the operator’s use of information for maintaining, developing, supporting, improving, or diagnosing the operator’s site, service, or application. (d) An operator shall do all of the following: (1) Implement and maintain reasonable security procedures and practices appropriate to the nature of the covered information, and protect that information from unauthorized access, destruction, use, modification, or disclosure. (2) Delete a pupil’s covered information if the preschool, prekindergarten, or district requests deletion of data under the control of the preschool, prekindergarten, or district. (3) (A) Delete a pupil’s CCPA-excluded covered information under the operator’s control if a pupil’s parent, guardian, or education rights holder or, in the case of a former pupil 18 years of age or older, the pupil requests an operator to delete the covered information under the operator’s control if the pupil has been no longer enrolled in the preschool, prekindergarten, or district for at least 60 days. (B) Before deleting any information described in subparagraph (A), the operator shall require documentation that the pupil is no longer enrolled in the preschool, prekindergarten, or district. (e) Notwithstanding paragraph (4) of subdivision (b), an operator may disclose covered information of a pupil, as long as paragraphs (1) to (3), inclusive, of subdivision (b) are not violated, under the following circumstances: (1) If other provisions of federal or state law require the operator to disclose the information, and the operator complies with the requirements of federal and state law in protecting and disclosing that information. (2) For legitimate research purposes: (A) as required by state or federal law and subject to the restrictions under applicable state and federal law or (B) as allowed by state or federal law and under the direction of a preschool, prekindergarten, school district, or state department of education, if no covered information is used for any purpose in furtherance of advertising or to amass a profile on the pupil for purposes other than preschool and prekindergarten purposes. (3) To a state or local educational agency, including preschools, prekindergartens, and school districts, for preschool and prekindergarten purposes, as permitted by state or federal law. (f) This section does not prohibit an operator from using deidentified pupil covered information as follows: (1) Within the operator’s site, service, or application or other sites, services, or applications owned by the operator to improve educational products. (2) To demonstrate the effectiveness of the operator’s products or services, including in their marketing. (g) This section does not prohibit an operator from sharing aggregated deidentified pupil covered information for the development and improvement of educational sites, services, or applications. (h) This section does not limit the authority of a law enforcement agency to obtain any content or information from an operator as authorized by law or pursuant to an order of a court of competent jurisdiction. (i) This section does not limit the ability of an operator to use a pupil’s data, including covered information, for adaptive learning or customized early learning purposes. (j) This section does not apply to general audience internet websites, general audience online services, general audience online applications, or general audience mobile applications, even if login credentials created for an operator’s site, service, or application may be used to access those general audience sites, services, or applications. (k) This section does not limit internet service providers from providing internet connectivity to preschools, prekindergartens, or pupils and their families. (l) This section does not prohibit an operator of an internet website, online service, online application, or mobile application from marketing educational products directly to parents so long as the marketing did not result from the use of covered information obtained by the operator through the provision of services covered under this section. (m) This section does not impose a duty upon a provider of an electronic store, gateway, marketplace, or other means of purchasing or downloading software or applications to review or enforce compliance of this section on those applications or software. (n) This section does not impose a duty upon a provider of an interactive computer service, as defined in Section 230 of Title 47 of the United States Code, to review or enforce compliance with this section by third-party content providers. (o) This section does not impede the ability of pupils to download, export, or otherwise save or maintain their own personally created data or documents. (p) This section shall not be interpreted to limit or supersede any rights or requirements under the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.), the Rehabilitation Act of 1973 (29 U.S.C. Sec. 701 et seq.), and any rules or regulations promulgated pursuant to those laws. (Amended by Stats. 2024, Ch. 935, Sec. 3. (AB 801) Effective January 1, 2025.)

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