Business and Professions Code — Part 23 | BPC — United States — California law | Esheria

Business and Professions Code

Part 23 of 52 · provisions 4,401–4,600

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. 24045.85.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 6. Issuance and Transfer of Licenses [23950 - 24082] ( Chapter 6 added by Stats. 1953, Ch. 152. ) ## ARTICLE 4. Issuance and Renewal of Licenses [24040 - 24051] ( Article 4 added by Stats. 1953, Ch. 152. )

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    The department may issue a special on-sale license to qualifying symphony associations, and those licensees may sell and serve alcohol only to concert attendees at the licensed premises during the stated performance window.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 6. Issuance and Transfer of Licenses [23950 - 24082] ( Chapter 6 added by Stats. 1953, Ch. 152. ) ## ARTICLE 4. Issuance and Renewal of Licenses [24040 - 24051] ( Article 4 added by Stats. 1953, Ch. 152. ) ## 24045.85. (a) The department may issue a special on-sale beer, wine, or distilled spirits license to any symphony association organized as a nonprofit corporation more than 30 years before the date of application and which is exempt from the payment of income taxes under Section 23701d of the Revenue and Taxation Code and Section 501(c)(3) of the Internal Revenue Code of 1954 of the United States. (b) A symphony association holding a license under this section may sell and serve alcoholic beverages only to persons attending concerts on the licensed premises. Sales of alcoholic beverages shall only be permitted, subject to Section 25631, during the period commencing two hours before the performance and ending one hour after the performance. (c) Original licenses may be issued pursuant to this section until January 1, 1987; thereafter no new licenses shall be issued. Licenses originally issued pursuant to this section prior to January 1, 1987, may continue to be renewed annually by the holder thereof. (Amended by Stats. 2019, Ch. 29, Sec. 56. (SB 82) Effective June 27, 2019.)
  2. 24045.9.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 6. Issuance and Transfer of Licenses [23950 - 24082] ( Chapter 6 added by Stats. 1953, Ch. 152. ) ## ARTICLE 4. Issuance and Renewal of Licenses [24040 - 24051] ( Article 4 added by Stats. 1953, Ch. 152. )

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    The department may issue a special temporary on-sale beer and wine license to certain nonprofit television-related corporations, and applicants must pay a $100 fee.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 6. Issuance and Transfer of Licenses [23950 - 24082] ( Chapter 6 added by Stats. 1953, Ch. 152. ) ## ARTICLE 4. Issuance and Renewal of Licenses [24040 - 24051] ( Article 4 added by Stats. 1953, Ch. 152. ) ## 24045.9. (a) The department may issue a special temporary on-sale beer and wine license to: (1) a television station, supported wholly or in part by public membership subscription, which is a nonprofit, charitable corporation exempt from payment of income taxes under the provisions of the Internal Revenue Code of 1954 of the United States, or (2) a nonprofit, charitable corporation exempt from payment of income taxes under the provisions of the Internal Revenue Code of 1954 of the United States which receives and administers donations for a noncommercial, educational television station or public broadcasting station supported wholly or in part by public membership subscription. An applicant for this license shall accompany the application with a fee of one hundred dollars ($100). (b) This license shall only entitle the licensee to sell and serve beer and wine donated to it. Notwithstanding any other provision of this division, a licensee may donate beer or wine to a corporation licensed under this section, provided that the donations are not made in connection with a sale of an alcoholic beverage. (c) This license shall be for a period not exceeding 30 days. Only one license shall be issued to any corporation in a calendar year. (d) For purposes of this section, any licensee may also serve that beer or wine donated by him or her at any event for which the license has been issued. (e) The department shall adopt rules as it determines necessary to implement and administer this section. (Amended by Stats. 2005, Ch. 22, Sec. 8. Effective January 1, 2006.)
  3. 24046.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 6. Issuance and Transfer of Licenses [23950 - 24082] ( Chapter 6 added by Stats. 1953, Ch. 152. ) ## ARTICLE 4. Issuance and Renewal of Licenses [24040 - 24051] ( Article 4 added by Stats. 1953, Ch. 152. )

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    A licensee must post the license in a conspicuous place on the licensed premises after receiving it.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 6. Issuance and Transfer of Licenses [23950 - 24082] ( Chapter 6 added by Stats. 1953, Ch. 152. ) ## ARTICLE 4. Issuance and Renewal of Licenses [24040 - 24051] ( Article 4 added by Stats. 1953, Ch. 152. ) ## 24046. Upon receipt of any license, the licensee shall post it in a conspicuous place upon the licensed premises. Licenses issued for trains, boats or airplanes may, in lieu of being posted upon the train, boat, or airplane for which issued, be posted in such other place in this State as the department shall designate. (Amended by Stats. 1959, Ch. 1529.)
  4. 24047.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 6. Issuance and Transfer of Licenses [23950 - 24082] ( Chapter 6 added by Stats. 1953, Ch. 152. ) ## ARTICLE 4. Issuance and Renewal of Licenses [24040 - 24051] ( Article 4 added by Stats. 1953, Ch. 152. )

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    If an in-effect license certificate is lost or destroyed, the department must issue a duplicate license when the $25 fee is paid.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 6. Issuance and Transfer of Licenses [23950 - 24082] ( Chapter 6 added by Stats. 1953, Ch. 152. ) ## ARTICLE 4. Issuance and Renewal of Licenses [24040 - 24051] ( Article 4 added by Stats. 1953, Ch. 152. ) ## 24047. Whenever a license certificate is in effect and is lost or destroyed, the department shall issue a duplicate license upon the payment of a fee of twenty-five dollars ($25). (Amended by Stats. 2019, Ch. 29, Sec. 60. (SB 82) Effective June 27, 2019.)
  5. 24048.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 6. Issuance and Transfer of Licenses [23950 - 24082] ( Chapter 6 added by Stats. 1953, Ch. 152. ) ## ARTICLE 4. Issuance and Renewal of Licenses [24040 - 24051] ( Article 4 added by Stats. 1953, Ch. 152. )

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    This section sets deadlines and fees for renewing an alcoholic beverage license, and explains when a license expires, is canceled, reinstated, or revoked.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 6. Issuance and Transfer of Licenses [23950 - 24082] ( Chapter 6 added by Stats. 1953, Ch. 152. ) ## ARTICLE 4. Issuance and Renewal of Licenses [24040 - 24051] ( Article 4 added by Stats. 1953, Ch. 152. ) ## 24048. Every license, other than a temporary license or a daily on-sale general license issued pursuant to Section 24045.1, is renewable unless the license has been revoked if the renewal application is made and the fee therefor is paid. All licenses expire at 12 midnight on the last day of the month posted on the license. All licenses issued shall be renewed as follows: (a) On or before the first of the month preceding the month posted on the license, the department shall mail to each licensee at their licensed premises, or at any other email or postal address that the licensee has designated, an application to renew the license. (b) The application to renew the license may be filed before the license expires upon payment of the annual fee as set forth in subdivision (b) of Section 23320. (c) For 60 days after the license expires, the license may be renewed upon payment of the annual renewal fee as set forth in subdivision (b) of Section 23320, plus a penalty fee that shall be equal to 50 percent of the annual fee. (d) Unless otherwise terminated, or unless renewed pursuant to subdivision (b) or (c) of this section, a license that is in effect on the month posted on the license continues in effect through 2 a.m. of the 60th day following the month posted on the license, at which time it is automatically canceled. (e) On or before the 10th day preceding the cancellation of a license, the department shall send a notice of cancellation to each licensee who has not either filed an application to renew their license or notified the department of their intent not to do so. Failure to send the renewal application in accordance with subdivision (a) or to send the notice provided in this subdivision shall not continue the right to a license. (f) A license that has been canceled pursuant to subdivision (d) of this section may be reinstated during the 30 days immediately following cancellation upon payment of the annual renewal fee as set forth in subdivision (b) of Section 23320, plus a penalty fee that shall be equal to 100 percent of the annual fee. Payment shall be made by cashier’s check, money order, or electronically using any payment method authorized through the department’s online payment portal. A license that has been canceled pursuant to subdivision (d) of this section and that has not been reinstated within 30 days pursuant to this subdivision is automatically revoked on the 31st day after the license has been canceled. (g) A renewal application shall not be deemed filed within the meaning of this section unless the document itself has been actually delivered to, and the required renewal fee has been paid at, any office of the department during office hours, or unless both the document and fee have been filed and remitted pursuant to Section 11003 of the Government Code. (Amended by Stats. 2022, Ch. 136, Sec. 3. (SB 1011) Effective January 1, 2023.)
  6. 24049.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 6. Issuance and Transfer of Licenses [23950 - 24082] ( Chapter 6 added by Stats. 1953, Ch. 152. ) ## ARTICLE 4. Issuance and Renewal of Licenses [24040 - 24051] ( Article 4 added by Stats. 1953, Ch. 152. )

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    The department may refuse to transfer a license if the applicant owes certain taxes or related unemployment insurance amounts tied to the licensed business.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 6. Issuance and Transfer of Licenses [23950 - 24082] ( Chapter 6 added by Stats. 1953, Ch. 152. ) ## ARTICLE 4. Issuance and Renewal of Licenses [24040 - 24051] ( Article 4 added by Stats. 1953, Ch. 152. ) ## 24049. The department may refuse to transfer any license when the applicant is delinquent in the payment of any taxes due under the Alcoholic Beverage Tax Law, the Sales and Use Tax Law, the Personal Income Tax Law, or the Bank and Corporation Tax Law, or on unsecured property as defined in Section 134 of the Revenue and Taxation Code, when such tax liability arises in full or in part out of the exercise of the privilege of an alcoholic beverage license, or any amount due under the Unemployment Insurance Code when such liability arises out of the conduct of a business licensed by the Department of Alcoholic Beverage Control. (Amended by Stats. 1967, Ch. 1034.)
  7. 24049.5.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 6. Issuance and Transfer of Licenses [23950 - 24082] ( Chapter 6 added by Stats. 1953, Ch. 152. ) ## ARTICLE 4. Issuance and Renewal of Licenses [24040 - 24051] ( Article 4 added by Stats. 1953, Ch. 152. )

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    The tax boards may seize and sell certain liquor licenses when the business has ended and taxes are unpaid, and they must give written notice right away.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 6. Issuance and Transfer of Licenses [23950 - 24082] ( Chapter 6 added by Stats. 1953, Ch. 152. ) ## ARTICLE 4. Issuance and Renewal of Licenses [24040 - 24051] ( Article 4 added by Stats. 1953, Ch. 152. ) ## 24049.5. (a) The State Board of Equalization or the Franchise Tax Board may seize and sell the license of an off-sale or on-sale general licensee that, upon termination of business, is delinquent in the payment of taxes due under the Sales and Use Tax Law, Personal Income Tax Law, or Corporation Tax Law, respectively. In order for a seizure and sale of a license to be accomplished under this section, the licensee shall have either surrendered the license to the department or failed to pay the annual renewal fee to the department. Immediately upon seizure the State Board of Equalization or Franchise Tax Board shall give written notice by first-class mail to the department and to the licensee of the seizure and of the intention of the board to sell the license. The seizure and sale shall be in accordance with the provisions of Article 6 (commencing with Section 6796) of Chapter 6 of Part 1 of Division 2 of the Revenue and Taxation Code or Article 4 (commencing with Section 19251) of Chapter 5 of Part 10.2 of Division 2 of the Revenue and Taxation Code, respectively, and with the provisions of this division. Nothing within these provisions shall be construed to permit the State Board of Equalization or Franchise Tax Board to sell alcoholic beverages. (b) For the purposes of this section, “termination of business” means the licensee has ceased business operations and has either surrendered the license to the department or the license has expired pursuant to Section 24048. (c) The licensee may redeem the license at any time before the date of sale of the license by the board or the appropriate reinstatement deadline, whichever occurs first, by conforming to the requirements for reinstatement of a license pursuant to subdivision (f) of Section 24048. The person who purchases the license at the sale may reinstate the license by paying the applicable fees, but the transfer shall be effective only on approval of the department after the purchaser has complied with the requirements for transfer provided in this division. (d) Paragraph (1) of subdivision (a) of Section 699.720 of the Code of Civil Procedure shall not be construed to limit the authority of the State Board of Equalization or the Franchise Tax Board to seize and sell licenses pursuant to this section. (Amended by Stats. 2018, Ch. 727, Sec. 1. (AB 3264) Effective January 1, 2019.)
  8. 24051.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 6. Issuance and Transfer of Licenses [23950 - 24082] ( Chapter 6 added by Stats. 1953, Ch. 152. ) ## ARTICLE 4. Issuance and Renewal of Licenses [24040 - 24051] ( Article 4 added by Stats. 1953, Ch. 152. )

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    The department may issue and renew on-sale beer licenses for fishing party boats if the fees are paid, and it does so without regard to several listed code sections.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 6. Issuance and Transfer of Licenses [23950 - 24082] ( Chapter 6 added by Stats. 1953, Ch. 152. ) ## ARTICLE 4. Issuance and Renewal of Licenses [24040 - 24051] ( Article 4 added by Stats. 1953, Ch. 152. ) ## 24051. The department may issue and renew on-sale beer licenses for fishing party boats on payment of the fees without regard to the provisions of Sections 23985, 23986, 23987, 23988, 24013, 24014, or 24043. (Added by renumbering Section 24052 by Stats. 1961, Ch. 73.)
  9. 2406.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 18. Corporations [2400 - 2417.5] ( Article 18 added by Stats. 1980, Ch. 1313, Sec. 2. )

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    This section defines when a medical corporation or podiatry corporation may render professional services and says that, for these corporations, the agency named in the Moscone-Knox Professional Corporation Act is the board.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 18. Corporations [2400 - 2417.5] ( Article 18 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2406. A medical corporation or podiatry corporation is a corporation that is authorized to render professional services, as defined in Section 13401 of the Corporations Code, so long as that corporation and its shareholders, officers, directors, and employees rendering professional services who are physicians and surgeons, psychologists, registered nurses, optometrists, podiatrists, chiropractors, acupuncturists, naturopathic doctors, physical therapists, occupational therapists, or, in the case of a medical corporation only, physician assistants, marriage and family therapists, clinical counselors, or clinical social workers, are in compliance with the Moscone-Knox Professional Corporation Act, the provisions of this article, and all other statutes and regulations now or hereafter enacted or adopted pertaining to the corporation and the conduct of its affairs. With respect to a medical corporation or podiatry corporation, the governmental agency referred to in the Moscone-Knox Professional Corporation Act is the board. (Amended by Stats. 2013, Ch. 620, Sec. 2. (AB 1000) Effective January 1, 2014.)
  10. 2406.5.

    ## 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 18. Corporations [2400 - 2417.5] ( Article 18 added by Stats. 1980, Ch. 1313, Sec. 2. )

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    A referring physician, podiatrist, or similar practitioner must give a patient written and oral notice, in 14-point type and signed by the patient, when referring the patient to a physical therapist employed by a professional corporation.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 18. Corporations [2400 - 2417.5] ( Article 18 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2406.5. (a) When a physician and surgeon, podiatrist, or other referring practitioner refers a patient to receive services by a physical therapist employed by a professional corporation as defined in Section 13401 of the Corporations Code, the referring practitioner shall comply with Article 6 (commencing with Section 650) of Chapter 1, and shall provide notice of the following to the patient, orally and in writing, in at least 14-point type and signed by the patient: (1) That the patient may seek physical therapy treatment services from a physical therapy provider of his or her choice who may not necessarily be employed by the medical or podiatry corporation. (2) If the patient chooses to be treated by an employed physical therapist, any financial interest the referring practitioner has in the corporation. (b) This section shall not apply to a physician and surgeon, podiatrist, or other referring practitioner who is in a medical group with which a health care service plan, that is licensed pursuant to the Knox-Keene Health Care Service Plan Act of 1975 (Chapter 2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code) and is also exempt from federal taxation pursuant to Section 501(c)(3) of the Internal Revenue Code, exclusively contracts to provide professional medical services for its enrollees. (Added by Stats. 2013, Ch. 620, Sec. 3. (AB 1000) Effective January 1, 2014.)
  11. 2407.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 18. Corporations [2400 - 2417.5] ( Article 18 added by Stats. 1980, Ch. 1313, Sec. 2. )

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    A medical or podiatry corporation is subject to Sections 2285 and 2415.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 18. Corporations [2400 - 2417.5] ( Article 18 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2407. A medical or podiatry corporation shall be subject to the provisions of Sections 2285 and 2415. (Added by Stats. 1980, Ch. 1314, Sec. 4.2.)
  12. 24070.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 6. Issuance and Transfer of Licenses [23950 - 24082] ( Chapter 6 added by Stats. 1953, Ch. 152. ) ## ARTICLE 5. Transfer of Licenses [24070 - 24082] ( Article 5 added by Stats. 1953, Ch. 152. )

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    Licenses may be transferred only with department approval, but there are county transfer limits and time-based restrictions on resale or transfer.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 6. Issuance and Transfer of Licenses [23950 - 24082] ( Chapter 6 added by Stats. 1953, Ch. 152. ) ## ARTICLE 5. Transfer of Licenses [24070 - 24082] ( Article 5 added by Stats. 1953, Ch. 152. ) ## 24070. Each license is separate and distinct and is transferable upon approval by the department from the licensee to another person and from one premises to another premises. (a) All off-sale general licenses may be transferred from one county to another county, subject to the following provisions: (1) The number of off-sale general licenses in existence in any county on June 1 of any year shall not be increased by more than 25 new original off-sale general licenses during the following 12-month period, provided further that the number of new original off-sale general licenses that may be issued in any county during any 12-month period shall not increase by more than 10 percent the number of off-sale general licenses in existence in that county on the June 1 with which that 12-month period began. (2) After the department computes the number of new original off-sale licenses that may be issued in any county during any 12-month period as provided by the foregoing paragraph, if the department determines that the ratio established by Section 23817 will permit, during that 12-month period, additional off-sale general licenses in any county, off-sale general licenses may be transferred into that county in a number not to exceed by more than 10 percent the number of off-sale general licenses in existence in that county on the June 1 with which that 12-month period began, but in no event to exceed 25 such transfers during that 12-month period. (3) Under no circumstances shall the combined total number of new original off-sale general licenses that may be issued in any county during any 12-month period and the number of off-sale general licenses that may be transferred into such county during that 12-month period, exceed the limitation set forth in Section 23817. (b) All on-sale general licenses may be transferred from one county to another county, subject to the following provisions: (1) The number of on-sale general licenses in existence in any county on June 1 of any year shall not be increased by more than 10 percent by the issuance of new original on-sale general licenses, but in no event to exceed 25 such licenses, during any 12-month period. The number of on-sale general licenses shall be limited by the provisions of Section 23816. (2) After the department computes the number of new original on-sale licenses that may be issued in any county during any 12-month period as provided by the foregoing paragraph, if the department determines that the ratio established by Section 23816 will permit, during that 12-month period, additional on-sale general licenses in any county, on-sale general licenses may be transferred into that county in a number not to exceed by more than 10 percent the number of on-sale general licenses in existence in that county on June 1 with which that 12-month period began, but in no event to exceed 25 such transfers during that 12-month period. (3) Under no circumstances shall the combined total number of new original on-sale general licenses that may be issued in any county during any 12-month period and the number of on-sale general licenses that may be transferred into that county during that 12-month period, exceed the limitation set forth in Section 23816. (c) No retail license subject to the provisions of Section 23816 or 23817 issued as a new original license on or after June 1, 1961, and no off-sale general license or on-sale general license transferred from one county to another county on or after August 17, 1967, shall be transferable from the licensee to another person, or if the licensee is a corporation a controlling interest in the stock ownership of the licensee shall not be, directly or indirectly, sold, transferred, or hypothecated unless the licensee be a corporation the stock of which is listed on a stock exchange in this state or in the City of New York, State of New York, or which is required by law to file periodic reports with the United States Securities and Exchange Commission, for a period of two years from date of issuance of the license, except as provided in Section 24071, and except when the department determines that the transfer is necessary to prevent undue hardship. (d) (1) An on-sale general license or off-sale general license that has been transferred from one county to another county shall not be transferred for a purchase price or consideration in excess of the original fee paid for that license pursuant to paragraph (2) of subdivision(a) of Section 23320 for a period of five years following the previous transfer of that license. (2) An on-sale general license or off-sale general license that has been transferred from one county to another county may be transferred with no restrictions as to the purchase price or consideration to the transferor or from the transferee after a period of five years from the date of the previous intercounty transfer of the license. (Amended by Stats. 2019, Ch. 29, Sec. 62. (SB 82) Effective June 27, 2019.)
  13. 24070.1.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 6. Issuance and Transfer of Licenses [23950 - 24082] ( Chapter 6 added by Stats. 1953, Ch. 152. ) ## ARTICLE 5. Transfer of Licenses [24070 - 24082] ( Article 5 added by Stats. 1953, Ch. 152. )

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    Some on-sale licenses may be transferred to another person, subject to Section 24070, and the destination use must match the license type rules stated here.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 6. Issuance and Transfer of Licenses [23950 - 24082] ( Chapter 6 added by Stats. 1953, Ch. 152. ) ## ARTICLE 5. Transfer of Licenses [24070 - 24082] ( Article 5 added by Stats. 1953, Ch. 152. ) ## 24070.1. An on-sale license issued for a bona fide public eating place may be transferred from the licensee to another person, as provided in Section 24070, for a bona fide public eating place or for public premises, as defined in Section 23039. An on-sale license issued for public premises may be transferred from the licensee to another person, as provided in Section 24070, for public premises or for a bona fide public eating place. (Added by Stats. 1955, Ch. 1779.)
  14. 24070.2.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 6. Issuance and Transfer of Licenses [23950 - 24082] ( Chapter 6 added by Stats. 1953, Ch. 152. ) ## ARTICLE 5. Transfer of Licenses [24070 - 24082] ( Article 5 added by Stats. 1953, Ch. 152. )

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    Some off-sale general licenses in listed Los Angeles County census tracts may be transferred to another county, and the transfer fee is $100.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 6. Issuance and Transfer of Licenses [23950 - 24082] ( Chapter 6 added by Stats. 1953, Ch. 152. ) ## ARTICLE 5. Transfer of Licenses [24070 - 24082] ( Article 5 added by Stats. 1953, Ch. 152. ) ## 24070.2. Notwithstanding subdivision (a) of Section 24070, any off-sale general license issued prior to April 29, 1992, and located within the boundaries of the United States Bureau of the Census census tracts 234000, 234200, 234300, 234500, 234600, 234700, 234800, 234900, 235100, 235201, 235202, 236100, 236201, 236202, 236400, 231100, 231500, 231600, 231700, 231800, 231900, 232100, 232200, 232300, 232400, 232500, 232600, 232700, 232800, 237100, 237200, 237300, 237400, 237500, 237600, 237700, 237800, 237900, 238000, 238100, 238200, 238300, 238400, 240300, 240400, 241200, 241300, 600100, 600201, 600202, 600301, 600302, 600400, 602700, 602800, 602900, 603002, 228100, 228200, 228300, 228400, 228500, 228600, 228700, 228800, 228900, 229100, 229200, 229300, 229400, 239200, 239300, 239500, 239600, 239700, 239800, 242000, 242100, 242200, 242300, 242600, 242700, 243000, 243100, 535400, 240000, 240200, 240500, 240600, 240700, 240800, 240900, 241000, 241100, 241400, 532700, 532800, 532900, 533000, 534900, 535000, 535101, 535102, 535200, 535300, 535400, 541100, 541200, 541300, 541400, 541601, 541602, 541800, 542000, 542101, 542102, 542200, 542401, 542402, 542500, 542600, 542700, 542800, 542900, 543000, 543100, 543200, 543301, 543321, and 570400 located within Los Angeles County may be transferred from that county to another county without regard to the limitations imposed by Section 24070. Notwithstanding the fee provisions of Section 24072, the fee for a transfer of a license pursuant to this section shall be one hundred dollars ($100). (Added by Stats. 1993, Ch. 1285, Sec. 1. Effective January 1, 1994.)
  15. 24070.5.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 6. Issuance and Transfer of Licenses [23950 - 24082] ( Chapter 6 added by Stats. 1953, Ch. 152. ) ## ARTICLE 5. Transfer of Licenses [24070 - 24082] ( Article 5 added by Stats. 1953, Ch. 152. )

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    A winegrower who has not actively carried on business for one year may transfer the license only to someone who qualifies as a winegrower.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 6. Issuance and Transfer of Licenses [23950 - 24082] ( Chapter 6 added by Stats. 1953, Ch. 152. ) ## ARTICLE 5. Transfer of Licenses [24070 - 24082] ( Article 5 added by Stats. 1953, Ch. 152. ) ## 24070.5. When a winegrower has failed to carry on business actively, pursuant to a winegrower’s license, for a period of one year, such winegrower’s license, without regard to when it was originally issued, may be transferred only to a person who qualifies as a winegrower, as defined in Sections 23013 and 23358 of this code. (Added by Stats. 1969, Ch. 1277.)
  16. 24071.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 6. Issuance and Transfer of Licenses [23950 - 24082] ( Chapter 6 added by Stats. 1953, Ch. 152. ) ## ARTICLE 5. Transfer of Licenses [24070 - 24082] ( Article 5 added by Stats. 1953, Ch. 152. )

    Verify source ↗

    This section lists who may transfer certain alcoholic beverage licenses, sets transfer fees, and exempts importer’s license transfers from fees.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 6. Issuance and Transfer of Licenses [23950 - 24082] ( Chapter 6 added by Stats. 1953, Ch. 152. ) ## ARTICLE 5. Transfer of Licenses [24070 - 24082] ( Article 5 added by Stats. 1953, Ch. 152. ) ## 24071. (a) The license of one spouse may be transferred to the other spouse when the application for transfer is made prior to the entry of a final decree of divorce, and the license of a decedent, minor ward, incompetent person, conservatee, debtor in a bankruptcy case, person for whose estate a receiver is appointed, or assignor for the benefit of creditors may be transferred by or to the surviving partners of a deceased licensee, the executor, administrator, conservator or guardian of an estate of a licensee, the surviving spouse of a deceased licensee in the event that the deceased licensee leaves no estate to be administered, the trustee of a bankrupt estate of a licensee, a receiver of the estate of a licensee, or an assignee for the benefit of creditors of a licensee with the consent of the assignor, or a license may be transferred by or to a receiver appointed for a judgment debtor as provided by Section 708.630 of the Code of Civil Procedure, or a license may be transferred to a revocable living trust when the licensee is also the trustee, and the fee for the transfer of each license shall be one hundred dollars ($100). A license may be transferred between partners where no new partner is being licensed, or a license may be transferred between corporations whose outstanding shares of stock are owned by the same natural persons, or a licensee may transfer upon compliance with Section 24073 any license to a corporation whose entire stock is owned by the licensee, or their spouse, or a licensee may transfer upon compliance with Section 24073 any license to a limited liability company whose entire membership consists of the licensee, or their spouse, or a license may be transferred from a corporation to a person who owns, or whose spouse owns, the entire stock of the corporation, and the fee for transfer of each license is one hundred fifteen dollars ($115). The regular transfer fee provided in Section 24072 shall be due and payable upon the subsequent transfer of 25 percent of the stock in a corporation to which a license has been transferred by a licensee or their spouse pursuant to this section, except if the transfer of stock is from a parent to their child or grandchild, in which case the fee shall be one-half of the regular transfer fee. In no case shall a fee be charged for the transfer of an importer’s license. All money collected from the fees provided for in this section shall be deposited in the Alcohol Beverage Control Fund as provided in Section 25761. (b) The fees may be adjusted by the department pursuant to subdivisions (d) and (e) of Section 23320. (c) Nothing in this section shall be deemed to authorize the formation of a limited liability company composed of only one member in violation of subdivision (b) of Section 17050 of the Corporations Code. (Amended by Stats. 2019, Ch. 29, Sec. 63. (SB 82) Effective June 27, 2019.)
  17. 24071.1.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 6. Issuance and Transfer of Licenses [23950 - 24082] ( Chapter 6 added by Stats. 1953, Ch. 152. ) ## ARTICLE 5. Transfer of Licenses [24070 - 24082] ( Article 5 added by Stats. 1953, Ch. 152. )

    Verify source ↗

    If control of a corporation or limited partnership changes in the described way, the license is transferred as newly constituted, and the transfer follows notice, filing, fee, and investigation requirements.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 6. Issuance and Transfer of Licenses [23950 - 24082] ( Chapter 6 added by Stats. 1953, Ch. 152. ) ## ARTICLE 5. Transfer of Licenses [24070 - 24082] ( Article 5 added by Stats. 1953, Ch. 152. ) ## 24071.1. (a) (1) When the ownership of 50 percent or more of the shares of stock of a corporation, which is required to report the issuance or transfer of those shares of stock under Section 23405, is acquired by or transferred to a person or persons who did not hold the ownership of 50 percent of those shares of stock on the date the license was issued to the corporation, the license of the corporation shall be transferred to the corporation as newly constituted. When there is a new general partner or when the ownership of 50 percent or more of the capital or profits of a limited partnership, which is required to maintain a register under Section 23405.1, is acquired by or transferred to a person or persons as general or limited partners and who did not hold ownership of 50 percent or more of the capital or profits of the limited partnership on the date the license was issued to the limited partnership, the license of the limited partnership shall be transferred to the limited partnership as newly constituted. The application fee for the transfer of an on-sale general license or an off-sale general license shall be eight hundred dollars ($800). For all other licenses, the fee shall be three hundred thirty-five dollars ($335). In situations involving the multiple and simultaneous transfer of licenses under this section, the regular transfer fee shall only be required for one of the licenses being transferred and the remainder of the licenses shall be transferred for a fee of one hundred dollars ($100) each. All of the transfer fees collected pursuant to this section shall be deposited in the Alcohol Beverage Control Fund as provided in Section 25761. Before the license is transferred, the department shall conduct an investigation pursuant to the provisions of Section 23958. Any person or persons who own 50 percent or more of the shares of stock of the corporation or who own as limited partners 50 percent or more of the capital or profits of the limited partnership, as the case may be, shall have all the qualifications required of a person holding the same type of license. (2) The fees may be adjusted by the department pursuant to subdivisions (d) and (e) of Section 23320. (b) A retail license shall not be transferred by a corporation or a limited partnership under this section unless, before the filing of the transfer application with the department, the corporation or limited partnership initiating the transfer records in the office of the county recorder of the county or counties in which the premises to which the license has been issued are situated a notice of the intended transfer, stating all of the following: (1) The name and address of the corporation or limited partnership. (2) The name and address of the person or persons acquiring ownership of 50 percent or more of the stock of the corporation or capital or profits of the limited partnership. (3) The amount of the consideration paid for the stock or limited partnership interests. (4) The kind of license or licenses intended to be transferred. (5) The address or addresses of the premises to which the license or licenses have been issued. (c) A copy of the notice of the intended transfer, certified by the county recorder, shall be filed with the department together with the transfer application. (d) Notwithstanding any other provision of this division, a corporation or limited partnership as newly constituted by transfer under this section, is not eligible for any new credit from any person named in Section 25509 until all delinquent payments owed by the entity as formerly constituted, are made, nor shall any entity retail licensee, by transferring its license under this section, avoid the provisions of Section 25509 with regard to 42-day or 30-day periods, percentage charges for unpaid balances, or cash-on-delivery basis. (Amended by Stats. 2019, Ch. 29, Sec. 64. (SB 82) Effective June 27, 2019.)
  18. 24071.2.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 6. Issuance and Transfer of Licenses [23950 - 24082] ( Chapter 6 added by Stats. 1953, Ch. 152. ) ## ARTICLE 5. Transfer of Licenses [24070 - 24082] ( Article 5 added by Stats. 1953, Ch. 152. )

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    If 50% or more of an LLC’s membership interests changes hands, the license must be transferred to the newly constituted LLC, and specified filing, notice, investigation, and fee requirements apply.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 6. Issuance and Transfer of Licenses [23950 - 24082] ( Chapter 6 added by Stats. 1953, Ch. 152. ) ## ARTICLE 5. Transfer of Licenses [24070 - 24082] ( Article 5 added by Stats. 1953, Ch. 152. ) ## 24071.2. (a) (1) When the ownership of 50 percent or more of the membership interests in a limited liability company required to report the issuance or transfer of memberships under Section 23405.2 is acquired by or transferred to a person or persons who did not hold the ownership of 50 percent of the membership interests on the date the license was issued to the limited liability company, the license of the limited liability company shall be transferred to the limited liability company as newly constituted. The application fee for the transfer of an on-sale general license or an off-sale general license shall be eight hundred dollars ($800). For all other licenses, the fee shall be three hundred thirty-five dollars ($335). In situations involving the multiple and simultaneous transfer of licenses under this section, the regular transfer fee shall be required for only one of the licenses being transferred and the remainder of the licenses shall be transferred for a fee of one hundred dollars ($100) each. All of the transfer fees collected pursuant to this section shall be deposited in the Alcohol Beverage Control Fund, as provided in Section 25761. Before the license is transferred, the department shall conduct an investigation pursuant to Section 23958. Any person or persons who own 50 percent or more of the membership interests of the limited liability company shall have all the qualifications required of a person holding the same type of license. (2) The fees may be adjusted by the department pursuant to subdivisions (d) and (e) of Section 23320. (b) A retail license shall not be transferred by a limited liability company under this section unless, before the filing of the transfer application with the department, the company initiating the transfer records, in the office of the county recorder of the county or counties in which the premises to which the license has been issued are situated, a notice of the intended transfer, stating all of the following: (1) The name and address of the limited liability company. (2) The name and address of the person or persons acquiring ownership of 50 percent or more of the membership interests of the limited liability company. (3) The amount of the consideration paid for the membership interests. (4) The kind of license or licenses intended to be transferred. (5) The address or addresses of the premises to which the license or licenses have been issued. (c) A copy of the notice of the intended transfer, certified by the county recorder, shall be filed with the department together with the transfer application. (d) Notwithstanding any other provision of this division, a limited liability company as newly constituted by transfer under this section shall not be eligible for any new credit from any person named in Section 25509 until all delinquent payments owed by the limited liability company as formerly constituted are made, nor shall any retail licensee, by transferring its license under this section, avoid the provisions of Section 25509 with regard to 42-day or 30-day periods, percentage charges for unpaid balances, or cash-on-delivery basis. (e) Nothing in this section shall be deemed to authorize the formation of a limited liability company composed of only one member in violation of subdivision (b) of Section 17050 of the Corporations Code. (Amended by Stats. 2019, Ch. 29, Sec. 65. (SB 82) Effective June 27, 2019.)
  19. 24072.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 6. Issuance and Transfer of Licenses [23950 - 24082] ( Chapter 6 added by Stats. 1953, Ch. 152. ) ## ARTICLE 5. Transfer of Licenses [24070 - 24082] ( Article 5 added by Stats. 1953, Ch. 152. )

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    This section sets transfer and related license fees, allows some departmental fee actions, and gives certain applicants a refund right.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 6. Issuance and Transfer of Licenses [23950 - 24082] ( Chapter 6 added by Stats. 1953, Ch. 152. ) ## ARTICLE 5. Transfer of Licenses [24070 - 24082] ( Article 5 added by Stats. 1953, Ch. 152. ) ## 24072. (a) Except as provided in Section 24071, the following transfer fees shall be charged by the department: (1) The application fee for a transfer of an on-sale general license or an off-sale general license from a licensee to another person or from a licensee to another person and premises is one thousand two hundred fifty dollars ($1,250). (2) The application fee for a transfer of all other licenses from a licensee to another person is three hundred thirty-five dollars ($335). The application fee for a transfer from a licensee to another person and premises is equal to the application fee specified in paragraph (1) of subdivision (a) of Section 23320. (3) Except as provided in Section 24082, the application fee for a transfer of a license, and any additional license held at specific premises, from one premises to another premises is seven hundred eighty dollars ($780). (4) Notwithstanding the other fee provisions of this section, the application fee for a transfer of an on-sale or an off-sale general license from one county to another county shall be six thousand dollars ($6,000). (5) The application fee for a transfer of an on-sale or off-sale retail license to include the parent or child of a licensee, when no consideration is given for the transfer, shall be one-half the regular fee for a transfer of a license from a licensee to another person, as provided by this section. (b) If the application for a transfer made pursuant to subdivision (a) includes multiple licenses issued at the same premises, the application fee shall be required for only one of the licenses being transferred and the remainder of the licenses shall be transferred at no cost. In situations involving different license types, the application fee to be paid shall be the highest fee as specified in subdivision (a). If the application for a transfer made pursuant to subdivision (a) is combined with an application for a new permanent license pursuant to Section 23320 at the same premises, only the transfer application fee or the new permanent license application fee shall be required, whichever is highest. Notwithstanding this provision, the annual fee shall be payable for each license transferred pursuant to subdivision (c) and for each new permanent license issued pursuant to subdivision (c) of Section 23320. (c) In addition to the application fee, an applicant shall pay an annual fee for each of the licenses included in a transfer application made pursuant to this section. (d) The department may charge a fee for the reactivation of any license following its surrender or abandonment for cases pursuant to regulations of the department. (e) (1) The fee for the application to make material or substantial physical changes to the licensed premises or to the character of the licensed premises shall be three hundred forty-five dollars ($345), except when the application involves an expansion of the licensed premises, in which case the fee shall be three hundred eighty dollars ($380). (2) If the department approves the application, with or without conditions, notwithstanding that a written objection to the change to the premises has been submitted to the department in the course of its investigation, the department shall treat that written objection in the same manner as a verified protest pursuant to Section 24015, and the person objecting to the change to the premises shall have the same right to request a hearing as specified for verified protests in that section. (3) In its discretion, the department may require that the licensee proceed by way of a transfer of the license from one premises to another premises. In such circumstances, if the licensee has paid the application fee pursuant to this subdivision, the payment shall be credited to the fee required to be paid pursuant to subdivision (a). (f) The fee for the submission of the report required by Section 23405, 23405.1, 23405.2, or 23405.3 is three hundred dollars ($300). If the department determines that a transfer of the license pursuant to Section 24071.1 or 24071.2 is necessary based upon the submitted report, the fee paid pursuant to this subdivision shall be credited toward the license transfer fee. The report fee of three hundred dollars ($300) shall not be required for duplicate licenses issued to branch office locations pursuant to Section 23389 or Section 23390 or for club licenses or veterans’ club licenses issued to nonprofit or fraternal organizations pursuant to Article 4 (commencing with Section 23425) or Article 5 (commencing with Section 23450) of Chapter 3. (g) Any applicant whose application under this section is denied or withdrawn is entitled to a refund, if any, in the same manner as may be applicable to a license application denial or withdrawal as specified in Section 23320. (h) The fees may be adjusted by the department pursuant to subdivisions (d) and (e) of Section 23320. All money collected from the fees provided for this section shall be deposited in the Alcohol Beverage Control Fund as provided in Section 25761. (Amended by Stats. 2022, Ch. 296, Sec. 4. (AB 2971) Effective January 1, 2023.)
  20. 24072.1.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 6. Issuance and Transfer of Licenses [23950 - 24082] ( Chapter 6 added by Stats. 1953, Ch. 152. ) ## ARTICLE 5. Transfer of Licenses [24070 - 24082] ( Article 5 added by Stats. 1953, Ch. 152. )

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    An on-sale license for a bona fide public eating place, or for public premises, may be transferred to certain other premises if the transfer complies with Section 24072 and the destination premises fit one of the listed use types.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 6. Issuance and Transfer of Licenses [23950 - 24082] ( Chapter 6 added by Stats. 1953, Ch. 152. ) ## ARTICLE 5. Transfer of Licenses [24070 - 24082] ( Article 5 added by Stats. 1953, Ch. 152. ) ## 24072.1. An on-sale license issued for a bona fide public eating place may be transferred from the premises for which issued to other premises, as provided in Section 24072, for a bona fide public eating place or for public premises, as defined in Section 23039. An on-sale license issued for public premises may be transferred from the premises for which issued to other premises, as provided in Section 24072, for public premises or for a bona fide public eating place. (Added by Stats. 1955, Ch. 1779.)
  21. 24072.2.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 6. Issuance and Transfer of Licenses [23950 - 24082] ( Chapter 6 added by Stats. 1953, Ch. 152. ) ## ARTICLE 5. Transfer of Licenses [24070 - 24082] ( Article 5 added by Stats. 1953, Ch. 152. )

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    Certain on-sale license holders may exchange between public eating place and public premises licenses, subject to renewal timing, department approval, a $100 fee, and compliance with original-license issuance rules.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 6. Issuance and Transfer of Licenses [23950 - 24082] ( Chapter 6 added by Stats. 1953, Ch. 152. ) ## ARTICLE 5. Transfer of Licenses [24070 - 24082] ( Article 5 added by Stats. 1953, Ch. 152. ) ## 24072.2. Any person who has an on-sale license issued for a bona fide public eating place may exchange their license for a similar license for public premises, as defined in Section 23039, and any person who has such a license issued for public premises may exchange their license for a similar license for a bona fide public eating place. The exchange may be made at the time of renewal of the license sought to be exchanged, and not more than once between renewal periods, upon the approval of the department, the payment of an exchange fee of one hundred dollars ($100), and compliance with the provisions of this division relating to the issuance of an original license. The fee may be adjusted by the department pursuant to subdivisions (d) and (e) of Section 23320. All money collected from the fee provided for in this section shall be deposited directly in the Alcohol Beverage Control Fund as provided in Section 25761. (Amended by Stats. 2019, Ch. 29, Sec. 68. (SB 82) Effective June 27, 2019.)
  22. 24072.3.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 6. Issuance and Transfer of Licenses [23950 - 24082] ( Chapter 6 added by Stats. 1953, Ch. 152. ) ## ARTICLE 5. Transfer of Licenses [24070 - 24082] ( Article 5 added by Stats. 1953, Ch. 152. )

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    A brewpub-restaurant licensee may exchange the license for a bona fide public eating place license if the department approves, the required fee is paid, and other issuance rules are met.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 6. Issuance and Transfer of Licenses [23950 - 24082] ( Chapter 6 added by Stats. 1953, Ch. 152. ) ## ARTICLE 5. Transfer of Licenses [24070 - 24082] ( Article 5 added by Stats. 1953, Ch. 152. ) ## 24072.3. (a) (1) Any person that has a brewpub-restaurant license may exchange that license for a bona fide public eating place license, as defined in Section 23038. The exchange may be made at any time upon the approval of the department, the payment of an exchange fee of one hundred dollars ($100), and compliance with the provisions of this division relating to the issuance of an original license. (2) This section shall only apply to a brewpub-restaurant license that was first issued on or before December 31, 2019. For purposes of this paragraph, “first issued” means the date that the original brewpub-restaurant license was issued by the department, regardless of subsequent transfers thereof. (b) (1) The fee established in subdivision (a) may be adjusted by the department pursuant to subdivisions (d) and (e) of Section 23320. (2) A person that exchanges a license pursuant to this section shall be required to pay the fee required for a new permanent license as set forth in Section 23320 for an on-sale general eating place. (3) All money collected from the fee provided for in this section shall be deposited directly in the Alcohol Beverage Control Fund as provided in Section 25761. (c) (1) The department may designate a license issued pursuant to this section as an on-sale general license for special use. A designation pursuant to this subdivision shall not alter any license privileges or restrictions otherwise established by this section. (2) An on-sale general license for special use issued pursuant this section shall be excluded from the number of on-sale general licenses available under Sections 23816 and 23821. (d) A license issued pursuant to this section shall not be sold or transferred for a price greater than the fee paid by the seller or transferor under paragraph (2) of subdivision (b). (e) For purposes of this section, “brewpub-restaurant license” means a license described in Section 23396.3. (Amended by Stats. 2023, Ch. 375, Sec. 4. (AB 1704) Effective October 7, 2023.)
  23. 24072.5.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 6. Issuance and Transfer of Licenses [23950 - 24082] ( Chapter 6 added by Stats. 1953, Ch. 152. ) ## ARTICLE 5. Transfer of Licenses [24070 - 24082] ( Article 5 added by Stats. 1953, Ch. 152. )

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    Holders of either an on-sale general license or a special on-sale general license may exchange it for the other type, if the department approves, the $100 fee is paid, and the original-license issuance rules are followed.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 6. Issuance and Transfer of Licenses [23950 - 24082] ( Chapter 6 added by Stats. 1953, Ch. 152. ) ## ARTICLE 5. Transfer of Licenses [24070 - 24082] ( Article 5 added by Stats. 1953, Ch. 152. ) ## 24072.5. Any person who has any on-sale general license may exchange his or her license for a special on-sale general license and any person who has a special on-sale general license may exchange his or her license for an on-sale general license. The exchange may be made at any time upon the approval of the department, the payment of an exchange fee of one hundred dollars ($100), and compliance with the provisions of this division relating to the issuance of an original license. However, Sections 23985, 23985.5, and 23986 shall not apply to the exchange of an on-sale general license for a special on-sale general license. All money collected from the fee provided for in this section shall be deposited in the Alcohol Beverage Control Fund as provided in Section 25761. (Amended by Stats. 1992, Ch. 900, Sec. 16. Effective September 24, 1992.)
  24. 24073.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 6. Issuance and Transfer of Licenses [23950 - 24082] ( Chapter 6 added by Stats. 1953, Ch. 152. ) ## ARTICLE 5. Transfer of Licenses [24070 - 24082] ( Article 5 added by Stats. 1953, Ch. 152. )

    Verify source ↗

    Certain listed alcoholic beverage licenses cannot be transferred unless a notice of intended transfer is recorded with the county recorder before the transfer application is filed, and a certified copy of that notice is filed with the department.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 6. Issuance and Transfer of Licenses [23950 - 24082] ( Chapter 6 added by Stats. 1953, Ch. 152. ) ## ARTICLE 5. Transfer of Licenses [24070 - 24082] ( Article 5 added by Stats. 1953, Ch. 152. ) ## 24073. No retail license limited in numbers, off-sale beer and wine license, on-sale beer and wine license, on-sale beer and wine public premises license, on-sale beer license, on-sale beer public premises license, or on-sale general license for seasonal business, shall be transferred unless before the filing of the transfer application with the department the licensee or the intended transferee records in the office of the county recorder of the county or counties in which the premises to which the license has been issued are situated a notice of the intended transfer, stating all of the following: (a) The name and address of the licensee. (b) The name and address of the intended transferee. (c) The kind of license or licenses intended to be transferred. (d) The address or addresses of the premises to which the license or licenses have been issued. (e) An agreement between the parties to the transfer that the consideration for the transfer of the business and license or licenses, if any there be, is to be paid only after the transfer is approved by the department. (f) The place where the purchase price or consideration for the transfer of the business and license or licenses is to be paid, the amount of such purchase price or consideration, and a description of the entire consideration, including a designation of cash, checks, promissory notes, and tangible and intangible property, and the amount of each thereof. (g) The name and address of the escrow holder referred to in Section 24074, or of the guarantor referred to in Section 24074.4, as the case may be. A copy of the notice of intended transfer, certified by the county recorder, shall be filed with the department together with a transfer application. (Amended by Stats. 1973, Ch. 816.)
  25. 24074.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 6. Issuance and Transfer of Licenses [23950 - 24082] ( Chapter 6 added by Stats. 1953, Ch. 152. ) ## ARTICLE 5. Transfer of Licenses [24070 - 24082] ( Article 5 added by Stats. 1953, Ch. 152. )

    Verify source ↗

    Before a license transfer with a purchase price or other consideration is filed, the licensee and intended transferee must set up an escrow, and the transferee must deposit the full amount with the escrow holder.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 6. Issuance and Transfer of Licenses [23950 - 24082] ( Chapter 6 added by Stats. 1953, Ch. 152. ) ## ARTICLE 5. Transfer of Licenses [24070 - 24082] ( Article 5 added by Stats. 1953, Ch. 152. ) ## 24074. Before the filing of such a transfer application with the department, if the intended transfer of the business or license involves a purchase price or consideration, the licensee and the intended transferee shall establish an escrow with some person, corporation, or association not a party to the transfer acting as escrow holder, and the intended transferee shall deposit with the escrow holder the full amount of the purchase price or consideration. The transfer application shall be accompanied by a description of the entire consideration. The description shall include a designation of cash, checks, promissory notes, and tangible and intangible property, and the amount of each thereof. The licensee and intended transferee shall also enter into an agreement, which agreement shall be deposited with the escrow holder, directing the escrow holder, after the requirements for transfer as provided in Section 24049 are satisfied, to pay out of the purchase price or consideration, whether the consideration takes the form of cash, checks, promissory notes, or tangible or intangible property, the claims of the bona fide creditors of the licensee who file their claims with the escrow holder before the escrow holder is notified by the department of its approval of the transfer of the license or if the purchase price or consideration is not sufficient to pay the claims in full, to distribute the consideration as follows: First, to the United States for claims based on income or withholding taxes; and thereafter for claims based on any tax other than specified in Section 24049. Second, to the payment of claims for wages, salaries, or fringe benefits of employees of the seller or transferor earned or accruing prior to the sale, transfer, or opening of an escrow for the sale thereof. Third, to the payment of claims of secured creditors to the extent of the proceeds which arise from the sale of the security. Fourth, to the payment of claims on mechanics’ liens. Fifth, to the payment of escrow fees and the payment of claims for prevailing brokerage fees for services rendered and claims for reasonable attorney’s fees for services rendered. Sixth, to the payment of claims for goods sold and delivered to the transferor for resale at his licensed premises and the payment of claims for services rendered, performed, or supplied in connection with the operation of the licensed business, and to the payment of claims of a landlord, to the extent of proceeds on past due rent. Seventh, to the payment of other claims which have been reduced to court-ordered judgments, including claims for court-ordered support of a minor child. Eighth, to the payment of all other claims. The payment of these claims if sufficient assets are not available for the payment of the claim in full shall be paid pro rata. If the transferor licensee disputes any claim, the escrow holder shall notify the claimant, and the amount or pro rata amount thereof shall be retained by the escrow holder for a period of 25 days, and if not attached shall be paid to the transferor licensee. The agreement shall also provide that the escrow holder shall make the payment or distribution within a reasonable time after the completion of the transfer of the license. (Amended by Stats. 1984, Ch. 1570, Sec. 2.)
  26. 24074.1.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 6. Issuance and Transfer of Licenses [23950 - 24082] ( Chapter 6 added by Stats. 1953, Ch. 152. ) ## ARTICLE 5. Transfer of Licenses [24070 - 24082] ( Article 5 added by Stats. 1953, Ch. 152. )

    Verify source ↗

    An escrow holder under Section 24074 must follow the Financial Code and give creditors timely notices about claims, asset sufficiency, and payment details.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 6. Issuance and Transfer of Licenses [23950 - 24082] ( Chapter 6 added by Stats. 1953, Ch. 152. ) ## ARTICLE 5. Transfer of Licenses [24070 - 24082] ( Article 5 added by Stats. 1953, Ch. 152. ) ## 24074.1. Any person desiring to act as an escrow holder under Section 24074 shall: 1. Comply with all the applicable provisions of Chapter 1 (commencing with Section 17000) of Division 6 of the Financial Code. 2. Not more than 10 days after receiving a claim from a creditor, said escrow holder shall acknowledge receipt of each claim; and 3. Not more than 10 days after the license has been transferred and prior to the distribution of the assets held by said escrow holder he shall advise each creditor who filed a claim against the escrow whether or not there are sufficient assets in the escrow to pay all creditors in full. If the assets in the escrow are sufficient to pay all creditors in full, said escrow holder shall also advise each creditor of the date on or before which payment will be made. If there are not sufficient assets to pay all creditors in full, he shall then advise each creditor who filed a claim of the following: (a) the total assets placed in escrow with him and the nature of each asset; (b) the name of each creditor who filed a claim against the escrow and the amount of said claim; (c) the amount he proposes to pay each creditor; and (d) the date on or before which said amount will be paid to the creditors. (Added by Stats. 1965, Ch. 1426.)
  27. 24074.2.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 6. Issuance and Transfer of Licenses [23950 - 24082] ( Chapter 6 added by Stats. 1953, Ch. 152. ) ## ARTICLE 5. Transfer of Licenses [24070 - 24082] ( Article 5 added by Stats. 1953, Ch. 152. )

    Verify source ↗

    A person acting as an escrow holder under Section 24074 must not release escrow funds for a promissory note or for any other consideration worth less than the funds exchanged.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 6. Issuance and Transfer of Licenses [23950 - 24082] ( Chapter 6 added by Stats. 1953, Ch. 152. ) ## ARTICLE 5. Transfer of Licenses [24070 - 24082] ( Article 5 added by Stats. 1953, Ch. 152. ) ## 24074.2. Any person desiring to act as an escrow holder under Section 24074 shall not release any funds in the escrow in exchange for a promissory note or in exchange for any other consideration of less value to the creditors than the funds exchanged. (Added by Stats. 1967, Ch. 1494.)
  28. 24074.3.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 6. Issuance and Transfer of Licenses [23950 - 24082] ( Chapter 6 added by Stats. 1953, Ch. 152. ) ## ARTICLE 5. Transfer of Licenses [24070 - 24082] ( Article 5 added by Stats. 1953, Ch. 152. )

    Verify source ↗

    An intended transferee must file a sworn statement with the department within 30 days after a transfer application is filed, and must send copies to the transferor and escrowholder when filing.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 6. Issuance and Transfer of Licenses [23950 - 24082] ( Chapter 6 added by Stats. 1953, Ch. 152. ) ## ARTICLE 5. Transfer of Licenses [24070 - 24082] ( Article 5 added by Stats. 1953, Ch. 152. ) ## 24074.3. (a) Within 30 days after the filing of an application for transfer of a license referred to in Section 24073, the intended transferee shall file with the department a statement executed under penalty of perjury that the purchase price or consideration as set forth in the escrow agreement required by Section 24074 has been deposited with the escrowholder. At the time such statement is filed with the department copies thereof shall be submitted by the intended transferee to the transferor and the escrowholder concerned. The 30-day period specified by this section may be extended by the department for good cause; however, the license shall not be transferred until the statement required by this section is received by the department. (b) This section shall not apply in the case of transfers for which a guaranty of payment has been filed pursuant to Section 24074.4. (Amended by Stats. 1973, Ch. 816.)
  29. 24074.4.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 6. Issuance and Transfer of Licenses [23950 - 24082] ( Chapter 6 added by Stats. 1953, Ch. 152. ) ## ARTICLE 5. Transfer of Licenses [24070 - 24082] ( Article 5 added by Stats. 1953, Ch. 152. )

    Verify source ↗

    For certain off-sale beer and wine license transfers, escrow is not required if a corporate person files an acceptable guaranty for creditor claims.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 6. Issuance and Transfer of Licenses [23950 - 24082] ( Chapter 6 added by Stats. 1953, Ch. 152. ) ## ARTICLE 5. Transfer of Licenses [24070 - 24082] ( Article 5 added by Stats. 1953, Ch. 152. ) ## 24074.4. (a) Notwithstanding the provisions of Section 24074, no escrow shall be required to be established in connection with the transfer of a business or license if a corporate person files with the department a guaranty of full, prompt, and faithful payment of all claims of bona fide creditors of the licensee, and such guaranty is acceptable to the creditors. The department shall not transfer the license until the guarantor has paid all the creditors’ claims in full and the guarantor has filed with the department a statement executed under penalty of perjury that all conditions of the transfer have been satisfied. Payment of such claims by the guarantor shall be made in United States currency or by certified check in a manner acceptable to the creditors. (b) This section shall apply only in the case of a transfer involving an off-sale beer and wine license, and in which the guarantor corporation has a net worth on a consolidated basis, according to its most recent audited financial statement, of not less than five million dollars ($5,000,000). (Added by Stats. 1973, Ch. 816.)
  30. 24075.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 6. Issuance and Transfer of Licenses [23950 - 24082] ( Chapter 6 added by Stats. 1953, Ch. 152. ) ## ARTICLE 5. Transfer of Licenses [24070 - 24082] ( Article 5 added by Stats. 1953, Ch. 152. )

    Verify source ↗

    Sections 24073 and 24074 do not apply to certain license transfers, including transfers made by listed fiduciaries and others acting in official or trust duties, transfers for the benefit of creditors, and transfers to a surviving spouse or certain fiduciaries.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 6. Issuance and Transfer of Licenses [23950 - 24082] ( Chapter 6 added by Stats. 1953, Ch. 152. ) ## ARTICLE 5. Transfer of Licenses [24070 - 24082] ( Article 5 added by Stats. 1953, Ch. 152. ) ## 24075. The provisions of Sections 24073 and 24074 do not apply to any transfer of a license made by an executor, administrator, guardian, conservator, trustee, receiver, except a receiver appointed under the provisions of Section 708.630 of the Code of Civil Procedure, or other person acting in the legal or proper discharge of official duty, or in the discharge of any trust imposed upon the person by law, nor to any transfer or assignment made for the benefit of creditors, nor to a surviving spouse or fiduciary or other person within the meaning of Section 24071. (Amended by Stats. 1982, Ch. 497, Sec. 1.5. Operative July 1, 1983, by Sec. 185 of Ch. 497.)
  31. 24076.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 6. Issuance and Transfer of Licenses [23950 - 24082] ( Chapter 6 added by Stats. 1953, Ch. 152. ) ## ARTICLE 5. Transfer of Licenses [24070 - 24082] ( Article 5 added by Stats. 1953, Ch. 152. )

    Verify source ↗

    A licensee may not agree to use a license transfer as security for a loan or other agreement, and a license may not be transferred for certain debt-collection, preference, or fraud-related purposes.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 6. Issuance and Transfer of Licenses [23950 - 24082] ( Chapter 6 added by Stats. 1953, Ch. 152. ) ## ARTICLE 5. Transfer of Licenses [24070 - 24082] ( Article 5 added by Stats. 1953, Ch. 152. ) ## 24076. No licensee shall enter into any agreement wherein he pledges the transfer of his license as security for a loan or as security for the fulfillment of any agreement. No license shall be transferred if the transfer is to satisfy a loan or to fulfill an agreement entered into more than 90 days preceding the date on which the transfer application is filed, or to gain or establish a preference to or for any creditor of the transferor, except as provided by Section 24074, or to defraud or injure any creditor of the transferor. (Amended by Stats. 1967, Ch. 753.)
  32. 24077.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 6. Issuance and Transfer of Licenses [23950 - 24082] ( Chapter 6 added by Stats. 1953, Ch. 152. ) ## ARTICLE 5. Transfer of Licenses [24070 - 24082] ( Article 5 added by Stats. 1953, Ch. 152. )

    Verify source ↗

    A license must not be transferred into any county with a population of 35,000 or less.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 6. Issuance and Transfer of Licenses [23950 - 24082] ( Chapter 6 added by Stats. 1953, Ch. 152. ) ## ARTICLE 5. Transfer of Licenses [24070 - 24082] ( Article 5 added by Stats. 1953, Ch. 152. ) ## 24077. Notwithstanding any other provision of law, no license shall be transferred into any county having a population of 35,000 or less. (Added by Stats. 1961, Ch. 783.)
  33. 24078.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 6. Issuance and Transfer of Licenses [23950 - 24082] ( Chapter 6 added by Stats. 1953, Ch. 152. ) ## ARTICLE 5. Transfer of Licenses [24070 - 24082] ( Article 5 added by Stats. 1953, Ch. 152. )

    Verify source ↗

    A special onsale general license may be transferred between persons or premises, but only as allowed by this article and only for operating the licensed premises as required by Section 23399.2.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 6. Issuance and Transfer of Licenses [23950 - 24082] ( Chapter 6 added by Stats. 1953, Ch. 152. ) ## ARTICLE 5. Transfer of Licenses [24070 - 24082] ( Article 5 added by Stats. 1953, Ch. 152. ) ## 24078. A special onsale general license may be transferred from person to person or from premises to premises, as provided in this article, but only for the operation of the licensed premises as required by Section 23399.2. (Added by Stats. 1961, Ch. 1914.)
  34. 24079.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 6. Issuance and Transfer of Licenses [23950 - 24082] ( Chapter 6 added by Stats. 1953, Ch. 152. ) ## ARTICLE 5. Transfer of Licenses [24070 - 24082] ( Article 5 added by Stats. 1953, Ch. 152. )

    Verify source ↗

    A general on-sale or off-sale license cannot be transferred above the original fee during the first two years after issuance.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 6. Issuance and Transfer of Licenses [23950 - 24082] ( Chapter 6 added by Stats. 1953, Ch. 152. ) ## ARTICLE 5. Transfer of Licenses [24070 - 24082] ( Article 5 added by Stats. 1953, Ch. 152. ) ## 24079. (a) An on-sale general license or off-sale general license shall not be transferred for a purchase price or consideration in excess of the original fee paid for that license pursuant to subparagraph (A) or (B) of paragraph (2) of subdivision (a) of Section 23320 for a period of two years following the original issuance of that license. (b) On and after the two-year period following the original issuance of an on-sale general license or off-sale general license, there shall not be a restriction as to the purchase price or consideration paid by a transferee or received by a transferor for an on-sale general license or off-sale general license. (Amended by Stats. 2022, Ch. 296, Sec. 5. (AB 2971) Effective January 1, 2023.)
  35. 2408.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 18. Corporations [2400 - 2417.5] ( Article 18 added by Stats. 1980, Ch. 1313, Sec. 2. )

    Verify source ↗

    Most shareholders, directors, and officers of medical or podiatry corporations must be licensed persons, with limited exceptions. The section also allows certain structural arrangements for medical corporations and permits nonlicensed persons to use specified administrative business titles.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 18. Corporations [2400 - 2417.5] ( Article 18 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2408. Except as provided in Sections 13401.5 and 13403 of the Corporations Code, each shareholder, director and officer of a medical or podiatry corporation, except an assistant secretary or an assistant treasurer, shall be a licensed person as defined in Section 13401 of the Corporations Code. Notwithstanding the provisions of this section or Sections 13401.5, 13403, 13406, and 13407 of the Corporations Code, a shareholder of a medical corporation which renders professional services may be a medical corporation which has only one shareholder who shall be a licensed person as defined in Section 13401 of the Corporations Code. The shareholder of the latter corporation may be an officer or director of the former corporation. Nothing in this section shall be construed as prohibiting a nonlicensed person from using the business titles of executive vice president, chief executive officer, executive secretary, or any other title denoting an administrative function within the professional corporation. (Amended by Stats. 1985, Ch. 505, Sec. 1.)
  36. 24080.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 6. Issuance and Transfer of Licenses [23950 - 24082] ( Chapter 6 added by Stats. 1953, Ch. 152. ) ## ARTICLE 5. Transfer of Licenses [24070 - 24082] ( Article 5 added by Stats. 1953, Ch. 152. )

    Verify source ↗

    An intended transferee filing an application to transfer an onsale or offsale general license must say whether any payment to the transferor includes inventory, fixtures, or the license transfer, and must state the actual amount paid for those items.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 6. Issuance and Transfer of Licenses [23950 - 24082] ( Chapter 6 added by Stats. 1953, Ch. 152. ) ## ARTICLE 5. Transfer of Licenses [24070 - 24082] ( Article 5 added by Stats. 1953, Ch. 152. ) ## 24080. Every application filed by the intended transferee with the department for the transfer of an onsale or offsale general license shall indicate whether the consideration, if any, to be paid to the transferor includes payment for any or all of the following: (a) Inventory. (b) Fixtures. (c) Transfer of the license. The actual amount of the consideration, if any, to be paid for items (a), (b) and (c) is to be indicated in the application. (Added by Stats. 1963, Ch. 1689.)
  37. 24081.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 6. Issuance and Transfer of Licenses [23950 - 24082] ( Chapter 6 added by Stats. 1953, Ch. 152. ) ## ARTICLE 5. Transfer of Licenses [24070 - 24082] ( Article 5 added by Stats. 1953, Ch. 152. )

    Verify source ↗

    Certain licensees may temporarily keep operating after their premises are destroyed, and the director may extend that temporary period.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 6. Issuance and Transfer of Licenses [23950 - 24082] ( Chapter 6 added by Stats. 1953, Ch. 152. ) ## ARTICLE 5. Transfer of Licenses [24070 - 24082] ( Article 5 added by Stats. 1953, Ch. 152. ) ## 24081. (a) Notwithstanding any other provision of law in this division including, but not limited to, requirements relating to the issuance or transfer of a license, any licensee whose premises, for which a license, other than an off-sale license, has been issued, have been destroyed as a result of fire or any act of God or other force beyond the control of the licensee may carry on the business for a period of not more than 180 days at a location within 1,000 feet of the premises for which the license was issued and while the premises are being repaired or rebuilt and the licensee shall be entitled to carry on the licensee’s business under the existing license upon the former premises when they have been repaired or rebuilt. (b) Notwithstanding any other provision of law in this division, including, but not limited to, requirements relating to the issuance or transfer of a license, any licensee whose premises, for which an off-sale license has been issued, have been destroyed as a result of fire or any act of God or other force beyond the control of the licensee, may carry on the business for a period of not more than 180 days at a location within 1,000 feet of the premises for which the license was issued and while the premises are being repaired or rebuilt and the licensee shall be entitled to carry on the licensee’s business under the existing license upon the former premises when they have been repaired or rebuilt. (c) The director, in the director’s discretion, may extend the 180-day period described in subdivisions (a) and (b) by 60 days. (Amended by Stats. 2020, Ch. 175, Sec. 2. (AB 3139) Effective September 25, 2020.)
  38. 24082.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 6. Issuance and Transfer of Licenses [23950 - 24082] ( Chapter 6 added by Stats. 1953, Ch. 152. ) ## ARTICLE 5. Transfer of Licenses [24070 - 24082] ( Article 5 added by Stats. 1953, Ch. 152. )

    Verify source ↗

    A licensee may move a license to another location in the same county if the licensed premises were destroyed by fire or act of God, or taken by eminent domain, and no transfer fee is charged.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 6. Issuance and Transfer of Licenses [23950 - 24082] ( Chapter 6 added by Stats. 1953, Ch. 152. ) ## ARTICLE 5. Transfer of Licenses [24070 - 24082] ( Article 5 added by Stats. 1953, Ch. 152. ) ## 24082. The license of a licensee whose licensed premises have been destroyed as a result of fire or act of God or have been taken under the power of eminent domain, may be transferred to another location within the same county without payment of the fee for transfer of a license from one premises to another premises. Within 18 months of the fire or act of God, if the destroyed premises have been reconstructed and the license has not been transferred to another person, the license may be transferred back to the location of the destroyed premises without payment of the fee for transfer of a license from one premises to another premises. (Amended by Stats. 2008, Ch. 93, Sec. 2. Effective January 1, 2009.)
  39. 2409.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 18. Corporations [2400 - 2417.5] ( Article 18 added by Stats. 1980, Ch. 1313, Sec. 2. )

    Verify source ↗

    A medical and podiatry corporation may not let income from professional services performed while a shareholder is a disqualified person benefit that shareholder or the shareholder’s shares.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 18. Corporations [2400 - 2417.5] ( Article 18 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2409. The income of a medical and podiatry corporation attributable to professional services rendered while a shareholder is a disqualified person, as defined in Section 13401 of the Corporations Code, shall not in any manner accrue to the benefit of such shareholder or his or her shares in such a professional corporation. (Added by Stats. 1980, Ch. 1314, Sec. 4.4.)
  40. 2410.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 18. Corporations [2400 - 2417.5] ( Article 18 added by Stats. 1980, Ch. 1313, Sec. 2. )

    Verify source ↗

    A medical or podiatry corporation must not do anything that would count as unprofessional conduct, and it must follow applicable statutes and regulations while conducting its practice.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 18. Corporations [2400 - 2417.5] ( Article 18 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2410. A medical or podiatry corporation shall not do or fail to do any act the doing of which or the failure to do which would constitute unprofessional conduct under any statute or regulation now or hereafter in effect. In the conduct of its practice, it shall observe and be bound by such statutes and regulations to the same extent as a licensee under this chapter. (Added by Stats. 1980, Ch. 1314, Sec. 4.5.)
  41. 2411.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 18. Corporations [2400 - 2417.5] ( Article 18 added by Stats. 1980, Ch. 1313, Sec. 2. )

    Verify source ↗

    A medical corporation may offer and operate a licensed health care service plan, and may hire or contract with people authorized to practice the healing arts.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 18. Corporations [2400 - 2417.5] ( Article 18 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2411. Notwithstanding any other provision of law, the offering and operation by a medical corporation of a health care service plan licensed pursuant to the provisions of Chapter 2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code is hereby authorized. For such purpose a medical corporation may employ, or enter into contracts or other arrangements with, any person or persons authorized to practice any of the healing arts, but no such employment, contract, or arrangement shall provide for the rendering, supervision, or control of professional services other than as authorized by law. (Added by Stats. 1980, Ch. 1314, Sec. 4.6.)
  42. 2412.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 18. Corporations [2400 - 2417.5] ( Article 18 added by Stats. 1980, Ch. 1313, Sec. 2. )

    Verify source ↗

    The Division of Licensing may make and enforce regulations for this article, including rules that require certain corporation bylaws and patient-claim security.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 18. Corporations [2400 - 2417.5] ( Article 18 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2412. The Division of Licensing may adopt and enforce regulations to carry out the purposes and objectives of this article and the Moscone-Knox Professional Corporation Act including regulations requiring (a) that the bylaws of a medical or podiatry corporation shall include a provision whereby the capital stock of such corporation owned by a disqualified person (as defined in Section 13401 of the Corporations Code), or a deceased person, shall be sold to the corporation or to the remaining shareholders of such corporation within such time as such regulations may provide, and (b) that a medical or podiatry corporation shall provide adequate security by insurance or otherwise for claims against it by its patients arising out of the rendering of professional services. (Added by Stats. 1980, Ch. 1314, Sec. 4.7.)
  43. 2413.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 18. Corporations [2400 - 2417.5] ( Article 18 added by Stats. 1980, Ch. 1313, Sec. 2. )

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    This section applies to certain medical corporations with Osteopathic Medical Board–licensed physicians and surgeons as shareholders, officers, and directors, but only where it does not conflict with Section 2454.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 18. Corporations [2400 - 2417.5] ( Article 18 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2413. This article shall apply to medical corporations which have physicians and surgeons licensed by the Osteopathic Medical Board of California as shareholders, officers, and directors only to the extent that this article is not in conflict with or inconsistent with Section 2454. (Amended by Stats. 1991, Ch. 359, Sec. 16.)
  44. 2415.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 18. Corporations [2400 - 2417.5] ( Article 18 added by Stats. 1980, Ch. 1313, Sec. 2. )

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    Certain physicians and podiatric doctors may use a name that would otherwise violate Section 2285 only if a current fictitious-name permit is maintained, and the required notice is displayed.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 18. Corporations [2400 - 2417.5] ( Article 18 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2415. (a) Any physician and surgeon or any doctor of podiatric medicine, as the case may be, who as a sole proprietor, or in a partnership, group, or professional corporation, desires to practice under any name that would otherwise be a violation of Section 2285 may practice under that name if the proprietor, partnership, group, or corporation obtains and maintains in current status a fictitious-name permit issued by the Division of Licensing, or, in the case of doctors of podiatric medicine, the California Board of Podiatric Medicine, under the provisions of this section. (b) The division or the board shall issue a fictitious-name permit authorizing the holder thereof to use the name specified in the permit in connection with his, her, or its practice if the division or the board finds to its satisfaction that: (1) The applicant or applicants or shareholders of the professional corporation hold valid and current licenses as physicians and surgeons or doctors of podiatric medicine, as the case may be. (2) The professional practice of the applicant or applicants is wholly owned and entirely controlled by the applicant or applicants. (3) The name under which the applicant or applicants propose to practice is not deceptive, misleading, or confusing. (c) Each permit shall be accompanied by a notice that shall be displayed in a location readily visible to patients and staff. The notice shall be displayed at each place of business identified in the permit. (d) This section shall not apply to licensees who contract with, are employed by, or are on the staff of, any clinic licensed by the State Department of Health Care Services under Chapter 1 (commencing with Section 1200) of Division 2 of the Health and Safety Code or any medical school approved by the division or a faculty practice plan connected with that medical school. (e) Fictitious-name permits issued under this section shall be subject to Article 19 (commencing with Section 2421) pertaining to renewal of licenses. (f) The division or the board may revoke or suspend any permit issued if it finds that the holder or holders of the permit are not in compliance with the provisions of this section or any regulations adopted pursuant to this section. A proceeding to revoke or suspend a fictitious-name permit shall be conducted in accordance with Section 2230. (g) A fictitious-name permit issued to any licensee in a sole practice is automatically revoked in the event the licensee’s certificate to practice medicine or podiatric medicine is revoked. (h) The division or the board may delegate to the executive director, or to another official of the board, its authority to review and approve applications for fictitious-name permits and to issue those permits. (i) The California Board of Podiatric Medicine shall administer and enforce this section as to doctors of podiatric medicine and shall adopt and administer regulations specifying appropriate podiatric medical name designations. (Amended by Stats. 2017, Ch. 775, Sec. 76. (SB 798) Effective January 1, 2018.)
  45. 2416.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 18. Corporations [2400 - 2417.5] ( Article 18 added by Stats. 1980, Ch. 1313, Sec. 2. )

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    Physicians and surgeons and doctors of podiatric medicine may practice through partnerships and may form mixed professional partnerships if majority-ownership conditions are met and nonphysician partners stay within limits.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 18. Corporations [2400 - 2417.5] ( Article 18 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2416. Physicians and surgeons and doctors of podiatric medicine may conduct their professional practices in a partnership or group of physicians and surgeons or a partnership or group of doctors of podiatric medicine, respectively. Physicians and surgeons and doctors of podiatric medicine may establish a professional partnership that includes both physician and surgeons and doctors of podiatric medicine, if both of the following conditions are satisfied: (a) A majority of the partners and partnership interests in the professional partnership are physicians and surgeons, osteopathic physicians and surgeons, or doctors of podiatric medicine. (b) Notwithstanding Chapter 5 (commencing with Section 16100) of Title 2 of the Corporations Code, a partner who is not a physician and surgeon shall not practice in the partnership or vote on partnership matters related to the practice of medicine that are outside the partner’s scope of practice. All partners may vote on general administrative, management, and business matters. (Amended by Stats. 2023, Ch. 166, Sec. 1. (AB 834) Effective January 1, 2024.)
  46. 2417.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 18. Corporations [2400 - 2417.5] ( Article 18 added by Stats. 1980, Ch. 1313, Sec. 2. )

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    If the Department of Insurance has evidence of certain unlawful business operations, it must report the business and suspected physician and surgeon to the proper regulatory agency, which must investigate. A physician and surgeon who knowingly practices with a prohibited business organization must have a permanent license 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 18. Corporations [2400 - 2417.5] ( Article 18 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2417. (a) If the Department of Insurance has evidence that a business is being operated in violation of this chapter, Part 4 (commencing with Section 13400) of Division 3 of the Corporations Code, or Chapter 1 (commencing with Section 1200) of Division 2 of the Health and Safety Code, and that the business may be in violation of Section 1871.4 of the Insurance Code or Section 549 or 550 of the Penal Code, then the department shall report the business, and any physician and surgeon suspected of knowingly providing medical services for that business relative to a violation of Section 1871.4 of the Insurance Code or Section 549 or 550 of the Penal Code, to the appropriate regulatory agency. Upon receiving a report from the Department of Insurance of a suspected violation, the regulatory agency shall conduct an investigation. The requirement in subdivision (a) of Section 1872.95 of the Insurance Code for investigations to be conducted within existing resources does not apply to investigations required by this section. The Department of Insurance may consult with the appropriate regulatory department or agency prior to making its report to that department or agency, and this consultation shall not be deemed to require the department or agency to conduct an investigation. (b) A physician and surgeon who practices medicine with a business organization knowing that it is owned or operated in violation of Section 1871.4 of the Insurance Code, Section 14107 or 14107.2 of the Welfare and Institutions Code, or Section 549 or 550 of the Penal Code shall have his or her license to practice permanently revoked. (Repealed and added by Stats. 2001, Ch. 328, Sec. 2. Effective January 1, 2002.)
  47. 2417.5.

    ## 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 18. Corporations [2400 - 2417.5] ( Article 18 added by Stats. 1980, Ch. 1313, Sec. 2. )

    Verify source ↗

    A business organization that illegally offers or provides outpatient elective cosmetic medical procedures and uses a physician to facilitate them can be guilty of a Penal Code violation.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 18. Corporations [2400 - 2417.5] ( Article 18 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2417.5. (a) A business organization that offers to provide, or provides, outpatient elective cosmetic medical procedures or treatments, that is owned or operated in violation of Section 2400, and that contracts with, or otherwise employs, a physician and surgeon to facilitate its offers to provide, or the provision of, outpatient elective cosmetic medical procedures or treatments that may be provided only by the holder of a valid physician’s and surgeon’s certificate is guilty of violating paragraph (6) of subdivision (a) of Section 550 of the Penal Code. (b) For purposes of this section, “outpatient elective cosmetic medical procedures or treatments” means medical procedures or treatments that are performed to alter or reshape normal structures of the body solely in order to improve appearance. (c) Nothing in this section shall be construed to alter or apply to arrangements currently authorized by law, including, but not limited to, any entity operating a medical facility or other business authorized to provide medical services under Section 1206 of the Health and Safety Code. (Added by Stats. 2012, Ch. 140, Sec. 2. (AB 1548) Effective January 1, 2013.)
  48. 2418.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 18.5. Locum Tenens Services [2418- 2418.] ( Article 18.5 added by Stats. 2005, Ch. 596, Sec. 1. )

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    This section limits how a locum tenens agency is treated and bars it from employing or controlling a licensee’s clinical judgment.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 18.5. Locum Tenens Services [2418- 2418.] ( Article 18.5 added by Stats. 2005, Ch. 596, Sec. 1. ) ## 2418. (a) The Legislature hereby finds and declares all of the following: (1) The State of California is facing a growing crisis in physician supply due, in part, to difficulties in recruiting and retaining physicians. (2) This crisis is particularly harsh for facilities operated by the state and local governments due to the difficulties of funding full-time medical staff. (3) Locum tenens physicians provide a critical source of medical services that virtually all hospitals in California use at one time or another every year. (4) The great majority of California hospitals, and many medical groups and other providers, including many state-supported facilities, use locum tenens agencies either continuously or from time to time to help fill their medical staffing needs. (5) Most locum tenens agencies are barred from employing physicians under the corporate practice doctrine (Article 18 (commencing with Section 2400)) and, thus, do not employ the physicians whose locum tenens services they arrange. (b) Notwithstanding any other provision of law, a “locum tenens agency” shall not be deemed to be an employer, employment agency, employment counseling service, job listing service, nurse’s registry, temporary services employer, or leasing employer of a licensee. (c) A locum tenens agency is an individual or entity that meets all of the following requirements: (1) Contracts with clients or customers to identify licensees willing to perform locum tenens services and to arrange for the licensees to perform locum tenens services for the clients or customers on a temporary, nonpermanent basis . (2) Arranges for the licensees to perform locum tenens services only to those clients and customers that are legally authorized to enter into independent contractor arrangements with licensees. (3) Does not determine the rates of payment made to a licensee providing locum tenens services, or determine the hours of work by the licensee. (4) Receives payment directly from its clients or customers for its services which, to the degree that the payment includes payment for the locum tenens services, remits the payment for the locum tenens services in full directly to the licensee. (5) Charges fees that are reasonably related to the value of the services that the locum tenens agency provides its clients and customers, and that are in no way related to the quantity or value of locum tenens services provided by the licensee. This section does not prohibit a locum tenens agency from charging its clients and customers based on the number of days or hours that the locum tenens services are provided or based on the particular speciality of the locum tenens services. (d) A locum tenens agency shall not employ a licensee to perform locum tenens services, nor shall it interfere with or attempt to influence the clinical judgment of a licensee providing locum tenens services. (e) It shall be a rebuttable presumption that the relationship between the client or customer of the locum tenens agency and the licensee providing locum tenens services is one of an independent contractor, pursuant to Section 656 of the Unemployment Insurance Code. (f) For purposes of this section, “licensee” means a physician and surgeon licensed under this chapter. (g) It is the intent of the Legislature that this section confirm and be declaratory of, rather than change, existing law. (h) Nothing in this section shall apply to a category of health care professionals other than those specified. (Added by Stats. 2005, Ch. 596, Sec. 1. Effective January 1, 2006.)
  49. 24200.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 7. Suspension and Revocation of Licenses [24200 - 24211] ( Chapter 7 added by Stats. 1953, Ch. 152. )

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    This section lists grounds that can justify suspending or revoking an alcohol license.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 7. Suspension and Revocation of Licenses [24200 - 24211] ( Chapter 7 added by Stats. 1953, Ch. 152. ) ## 24200. The following are the grounds that constitute a basis for the suspension or revocation of licenses: (a) When the continuance of a license would be contrary to public welfare or morals. However, proceedings under this subdivision are not a limitation upon the department’s authority to proceed under Section 22 of Article XX of the California Constitution. (b) Except as limited by Chapter 12 (commencing with Section 25000), the violation or the causing or permitting of a violation by a licensee of this division, any rules of the board adopted pursuant to Part 14 (commencing with Section 32001) of Division 2 of the Revenue and Taxation Code, any rules of the department adopted pursuant to the provisions of this division, or any other penal provisions of law of this state prohibiting or regulating the sale, exposing for sale, use, possession, giving away, adulteration, dilution, misbranding, or mislabeling of alcoholic beverages or intoxicating liquors. (c) The misrepresentation of a material fact by an applicant in obtaining a license. (d) The plea, verdict, or judgment of guilty, or the plea of nolo contendere to any public offense involving moral turpitude or under any federal law prohibiting or regulating the sale, exposing for sale, use, possession, or giving away of alcoholic beverages or intoxicating liquors or prohibiting the refilling or reuse of distilled spirits containers charged against the licensee. (e) Failure to take reasonable steps to correct objectionable conditions on the licensed premises, including the immediately adjacent area that is owned, leased, or rented by the licensee, that constitute a nuisance, within a reasonable time after receipt of notice to make those corrections from the department, under Section 373a of the Penal Code. For the purpose of this subdivision only, “property or premises” as used in Section 373a of the Penal Code includes the area immediately adjacent to the licensed premises that is owned, leased, or rented by the licensee. (f) Failure to take reasonable steps to correct objectionable conditions that occur during business hours on any public sidewalk abutting a licensed premises and constitute a nuisance, within a reasonable time after receipt of notice to correct those conditions from the department. This subdivision shall apply to a licensee only upon written notice to the licensee from the department. The department shall issue this written notice upon its own determination, or upon a request from the local law enforcement agency in whose jurisdiction the premises are located, that is supported by substantial evidence that persistent objectionable conditions are occurring on the public sidewalk abutting the licensed premises. For purposes of this subdivision: (1) “Any public sidewalk abutting a licensed premises” means the publicly owned, pedestrian-traveled way, not more than 20 feet from the premises, that is located between a licensed premises, including any immediately adjacent area that is owned, leased, or rented by the licensee, and a public street. (2) “Objectionable conditions that constitute a nuisance” means disturbance of the peace, public drunkenness, drinking in public, harassment of passersby, gambling, prostitution, loitering, public urination, lewd conduct, drug trafficking, or excessive loud noise. (3) “Reasonable steps” means all of the following: (A) Calling the local law enforcement agency. Timely calls to the local law enforcement agency that are placed by the licensee, or his or her agents or employees, shall not be construed by the department as evidence of objectionable conditions that constitute a nuisance. (B) Requesting those persons engaging in activities causing objectionable conditions to cease those activities, unless the licensee, or his or her agents or employees, feel that their personal safety would be threatened in making that request. (C) Making good faith efforts to remove items that facilitate loitering, such as furniture, except those structures approved or permitted by the local jurisdiction. The licensee shall not be liable for the removal of those items that facilitate loitering. (4) When determining what constitutes “reasonable steps,” the department shall consider site configuration constraints related to the unique circumstances of the nature of the business. (g) Subdivision (f) does not apply to a bona fide public eating place, as defined in Section 23038, 23038.1, or 23038.2, that is so operated by a retail on-sale licensee or on-sale beer and wine licensee; a hotel, motel, or similar lodging establishment, as defined in subdivision (b) of Section 25503.16; a winegrowers license; a licensed beer manufacturer, as defined in Section 23357; those same or contiguous premises for which a retail licensee concurrently holds an off-sale retail beer and wine license and a beer manufacturer’s license; or those same or contiguous premises at which a retail on-sale licensee or on-sale beer and wine licensee who is licensed as a bona fide public eating place as defined in Section 23038, 23038.1, or 23038.2, a hotel, motel, or similar lodging establishment as defined in subdivision (b) of Section 25503.16, a licensed beer manufacturer, as defined in Section 23357, or a winegrowers license, sells off-sale beer and wine under the licensee’s on-sale license. (Amended by Stats. 2006, Ch. 625, Sec. 2. Effective January 1, 2007.)
  50. 24200.1.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 7. Suspension and Revocation of Licenses [24200 - 24211] ( Chapter 7 added by Stats. 1953, Ch. 152. )

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    The department may suspend or revoke a license if a licensee does not take reasonable steps to correct nuisance conditions after notice.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 7. Suspension and Revocation of Licenses [24200 - 24211] ( Chapter 7 added by Stats. 1953, Ch. 152. ) ## 24200.1. The following are additional bases upon which the department may suspend or revoke a license: (a) Failure to take reasonable steps to correct objectionable conditions on the licensed premises, including the immediately adjacent area that is owned, leased, or rented by the licensee, that constitute a nuisance within a reasonable time after receipt of notice to make those corrections from a district attorney, city attorney, or a county counsel, under Section 373a of the Penal Code. For the purpose of this subdivision only, “property or premises” as used in Section 373a of the Penal Code includes the area immediately adjacent to the licensed premises that is owned, leased, or rented by the licensee. (b) Failure to take reasonable steps to correct objectionable conditions that occur during business hours on any public sidewalk abutting a licensed premises and constitute a nuisance within a reasonable time after receipt of notice to correct those conditions from a district attorney, city attorney, or a county counsel. This subdivision shall apply to a licensee only upon written notice to the licensee from a district attorney, city attorney, or a county counsel. (c) Notwithstanding that the licensee corrects the objectionable conditions that constitute a nuisance, the licensee has a continuing obligation to meet the requirements of subdivisions (a) and (b), and failure to do so shall constitute grounds for disciplinary action pursuant to this section. (d) For purposes of this section: (1) “Any public sidewalk abutting a licensed premises” means the publicly owned, pedestrian-traveled way, not more than 20 feet from the premises, that is located between a licensed premises, including any immediately adjacent area that is owned, leased, or rented by the licensee, and a public street. (2) “Objectionable conditions that constitute a nuisance” means disturbance of the peace, public drunkenness, drinking in public, harassment of passersby, gambling, prostitution, loitering, public urination, lewd conduct, drug trafficking, excessive loud noise, or failure to comply with the minimum operating standards required by Section 25612.5. (3) “Reasonable steps” means all of the following: (A) Calling the local law enforcement agency. Timely calls to the local law enforcement agency that are placed by the licensee, or his or her agents or employees, shall not be construed by the department as evidence of objectionable conditions that constitute a nuisance. (B) Requesting those persons engaging in activities causing objectionable conditions to cease those activities, unless the licensee, or his or her agents or employees, feel that their personal safety would be threatened in making that request. (C) Making good faith efforts to remove items that facilitate loitering, such as furniture, except those structures approved or permitted by the local jurisdiction. The licensee shall not be liable for the removal of those items that facilitate loitering. (4) When determining what constitutes “reasonable steps,” the department shall consider site configuration constraints related to the unique circumstances of the nature of the business. (5) “Reasonable time” shall mean 30 days following service of notice pursuant to either subdivision (a) or subdivision (b) upon a licensee that objectionable conditions exist. (e) Subdivision (b) does not apply to a bona fide public eating place, as defined in Section 23038, 23038.1, or 23038.2, that is so operated by a retail on-sale licensee or on-sale beer and wine licensee; a hotel, motel, or similar lodging establishment, as defined in subdivision (b) of Section 25503.16; a winegrowers license; a licensed beer manufacturer, as defined in Section 23357; those same or contiguous premises for which a retail licensee concurrently holds an off-sale retail beer and wine license and a beer manufacturer’s license; or those same or contiguous premises at which a retail on-sale licensee or on-sale beer and wine licensee who is licensed as a bona fide public eating place as defined in Section 23038, 23038.1, or 23038.2, a hotel, motel, or similar lodging establishment as defined in subdivision (b) of Section 25503.16, a licensed beer manufacturer, as defined in Section 23357, or a winegrowers license, sells off-sale beer and wine under the licensee’s on-sale license. (f) A hearing for a violation of this section shall be held within 60 days of an accusation being filed. (Added by Stats. 2006, Ch. 625, Sec. 3. Effective January 1, 2007.)
  51. 24200.5.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 7. Suspension and Revocation of Licenses [24200 - 24211] ( Chapter 7 added by Stats. 1953, Ch. 152. )

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    The department must revoke a license if the listed misconduct occurs.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 7. Suspension and Revocation of Licenses [24200 - 24211] ( Chapter 7 added by Stats. 1953, Ch. 152. ) ## 24200.5. Notwithstanding the provisions of Section 24200, the department shall revoke a license upon any of the following grounds: (a) If a retail licensee has knowingly permitted the illegal sale, or negotiations for the sales, of controlled substances or dangerous drugs upon his or her licensed premises. Successive sales, or negotiations for sales, over any continuous period of time shall be deemed evidence of permission. As used in this section, “controlled substances” shall have the same meaning as is given that term in Article 1 (commencing with Section 11000) of Chapter 1 of Division 10 of the Health and Safety Code, and “dangerous drugs” shall have the same meaning as is given that term in Article 2 (commencing with Section 4015) of Chapter 9 of Division 2 of this code. (b) If the licensee has employed or permitted any persons to solicit or encourage others, directly or indirectly, to buy them drinks in the licensed premises under any commission, percentage, salary, or other profit-sharing plan, scheme, or conspiracy. (Amended by Stats. 2007, Ch. 349, Sec. 3. Effective January 1, 2008.)
  52. 24200.6.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 7. Suspension and Revocation of Licenses [24200 - 24211] ( Chapter 7 added by Stats. 1953, Ch. 152. )

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    The department may revoke or suspend a license if the licensee, or the licensee’s agent or employee, violates Section 11364.7 of the Health and Safety Code.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 7. Suspension and Revocation of Licenses [24200 - 24211] ( Chapter 7 added by Stats. 1953, Ch. 152. ) ## 24200.6. The department may revoke or suspend any license if the licensee or the agent or employee of the licensee violates any provision of Section 11364.7 of the Health and Safety Code. For purposes of this provision, a licensee, or the agent or employee of the licensee, is deemed to have knowledge that the item or items delivered, furnished, transferred, or possessed will be used to plant, propagate, cultivate, grow, harvest, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body a controlled substance, if the department or any other state or local law enforcement agency notifies the licensee in writing that the items, individually or in combination, are commonly sold or marketed for that purpose. (Added by Stats. 2002, Ch. 1027, Sec. 1. Effective January 1, 2003.)
  53. 24200.7.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 7. Suspension and Revocation of Licenses [24200 - 24211] ( Chapter 7 added by Stats. 1953, Ch. 152. )

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    The department must revoke or suspend a license if the licensee, or the licensee’s agent or employee, manufactures, distributes, or offers powdered alcohol for retail sale.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 7. Suspension and Revocation of Licenses [24200 - 24211] ( Chapter 7 added by Stats. 1953, Ch. 152. ) ## 24200.7. The department shall revoke or suspend any license if the licensee or the agent or employee of the licensee manufactures, distributes, or offers for retail sale powdered alcohol. (Added by Stats. 2016, Ch. 778, Sec. 4. (SB 819) Effective January 1, 2017.)
  54. 24200.8.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 7. Suspension and Revocation of Licenses [24200 - 24211] ( Chapter 7 added by Stats. 1953, Ch. 152. )

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    When deciding discipline for violations of Sections 25602 or 25658, the department may take into account whether the incident later caused death or great bodily injury.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 7. Suspension and Revocation of Licenses [24200 - 24211] ( Chapter 7 added by Stats. 1953, Ch. 152. ) ## 24200.8. In determining the level of discipline for a violation of Section 25602 or 25658, the department may consider as a factor whether there is subsequent death or great bodily injury to the person who is sold, served, furnished, or given the alcoholic beverage, to any other person, or to both. (Added by Stats. 2023, Ch. 613, Sec. 2. (SB 498) Effective January 1, 2024.)
  55. 24201.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 7. Suspension and Revocation of Licenses [24200 - 24211] ( Chapter 7 added by Stats. 1953, Ch. 152. )

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    Any person may make a written accusation to the department against a licensee, and the accusation must state grounds that would justify suspension or revocation.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 7. Suspension and Revocation of Licenses [24200 - 24211] ( Chapter 7 added by Stats. 1953, Ch. 152. ) ## 24201. Accusations may be made to the department by any person against any licensee. Accusations shall be in writing and shall state one or more grounds which would authorize the department to suspend or revoke the license or licenses of the licensee against whom the accusation is made. (Amended by Stats. 1955, Ch. 447.)
  56. 24202.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 7. Suspension and Revocation of Licenses [24200 - 24211] ( Chapter 7 added by Stats. 1953, Ch. 152. )

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    Law enforcement agencies must notify the department about certain arrests, and the department must investigate whether license suspension or revocation grounds exist. The department may not start or expand a file or investigation, or suspend or revoke a license, solely because of a licensee’s report of suspected controlled substance violations, unless the reported violations were committed with the licensee’s actual knowledge and willful consent.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 7. Suspension and Revocation of Licenses [24200 - 24211] ( Chapter 7 added by Stats. 1953, Ch. 152. ) ## 24202. (a) All state and local law enforcement agencies shall immediately notify the department of any arrests made by them for violations over which the department has jurisdiction which involve a licensee or licensed premises. Notice shall be given within 10 days of the arrest. The department shall promptly cause an investigation to be made as to whether grounds exist for suspension or revocation of the license or licenses of the licensee. (b) The department may not open or add an entry to a file or initiate an investigation of a licensee or suspend or revoke a license (1) solely because the licensee or an agent acting on behalf of the licensee has reported to a state or local law enforcement agency that suspected controlled substance violations have taken place on the licensed premises or (2) solely based on activities constituting violations described in such a report, unless the violations reported occurred with the actual knowledge and willful consent of the licensee. (Amended by Stats. 1990, Ch. 695, Sec. 1.)
  57. 24203.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 7. Suspension and Revocation of Licenses [24200 - 24211] ( Chapter 7 added by Stats. 1953, Ch. 152. )

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    Certain local officials may file accusations against on-sale or off-sale licensees, and the department must hold a public hearing and decide whether to suspend or revoke the license.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 7. Suspension and Revocation of Licenses [24200 - 24211] ( Chapter 7 added by Stats. 1953, Ch. 152. ) ## 24203. Accusations against any on-sale or off-sale licensee may be filed with the department by the legislative body, or chief of police, of any city in which the premises in question are located, or if the premises are in unincorporated territory, then by the board of supervisors, or the sheriff, of the county, requesting the suspension or revocation of any retail license. Upon the filing of the accusation, the department shall provide for a public hearing thereon within the county in which the premises are located and determine whether or not the license should be revoked or suspended. Whenever the local legislative body, the chief of police, or the sheriff, certifies that the public safety, health, or welfare requires an immediate hearing of the accusation, the public hearing shall be held within 60 days after the filing of the accusation with the department. (Amended by Stats. 1980, Ch. 457, Sec. 1.)
  58. 24204.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 7. Suspension and Revocation of Licenses [24200 - 24211] ( Chapter 7 added by Stats. 1953, Ch. 152. )

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    The Director of the State Department of Public Health must immediately notify the department when a licensee is convicted of violating the Sherman Food, Drug, and Cosmetic Law in connection with alcoholic beverages, and the department must promptly investigate whether the license should be suspended or revoked.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 7. Suspension and Revocation of Licenses [24200 - 24211] ( Chapter 7 added by Stats. 1953, Ch. 152. ) ## 24204. The Director of the State Department of Public Health shall immediately notify the department of the conviction of any licensee of any violation of the Sherman Food, Drug, and Cosmetic Law in connection with alcoholic beverages. The department shall promptly cause an investigation to be made as to whether grounds exist for suspension or revocation of the license of such licensee. (Amended by Stats. 2017, Ch. 478, Sec. 1. (AB 1724) Effective January 1, 2018.)
  59. 24205.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 7. Suspension and Revocation of Licenses [24200 - 24211] ( Chapter 7 added by Stats. 1953, Ch. 152. )

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    A taxpayer’s alcoholic beverage license is automatically suspended if the bond is canceled or invalid, or if qualifying taxes or penalties are unpaid; the license is reinstated when a valid bond is filed or delinquent taxes are paid.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 7. Suspension and Revocation of Licenses [24200 - 24211] ( Chapter 7 added by Stats. 1953, Ch. 152. ) ## 24205. The license of any taxpayer shall be automatically suspended upon cancellation of his or her bond, or if the bond becomes void or unenforceable for any reason, or if the taxpayer fails to pay any taxes or penalties due under the Sales and Use Tax Law (Part 1 (commencing with Section 6001) of Division 2 of the Revenue and Taxation Code), the Bradley-Burns Uniform Local Sales and Use Tax Law (Part 1.5 (commencing with Section 7200) of Division 2 of the Revenue and Taxation Code), or the Transactions and Use Tax Law (Part 1.6 (commencing with Section 7251) of Division 2 of the Revenue and Taxation Code), when that tax liability arises in whole or in part from the exercise of the privilege of an alcoholic beverage license, or under the Alcoholic Beverage Tax Law (Part 14 (commencing with Section 32001) of Division 2 of the Revenue and Taxation Code). The license shall be automatically reinstated if the taxpayer files a valid bond, or pays his or her delinquent taxes, as the case may be. A suspension under this section for a tax delinquency may only be imposed if the taxpayer is at least three months delinquent. Upon the petition of any taxpayer whose license has been suspended under this section, a hearing shall be afforded him or her after five days’ notice of the time and place of hearing. (Amended by Stats. 1996, Ch. 409, Sec. 1. Effective January 1, 1997.)
  60. 24206.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 7. Suspension and Revocation of Licenses [24200 - 24211] ( Chapter 7 added by Stats. 1953, Ch. 152. )

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    Accusations against licensees for violating or allowing violations of specified alcohol-code sections must be filed within one year.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 7. Suspension and Revocation of Licenses [24200 - 24211] ( Chapter 7 added by Stats. 1953, Ch. 152. ) ## 24206. All accusations against licensees for violating or permitting the violation of Sections 24750 to 24757, inclusive, 24850 to 24881, inclusive, 25000 to 25010, inclusive, 25170 to 25238, inclusive, 25600, 25602, 25607, 25609, 25610, 25611, 25612, 25615, 25630, 25631, 25632, 25633, 25656, 25658, 25663, 25664, or 25665, shall be filed within one year. (Amended by Stats. 1963, Ch. 1040.)
  61. 24207.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 7. Suspension and Revocation of Licenses [24200 - 24211] ( Chapter 7 added by Stats. 1953, Ch. 152. )

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    Accusations against licensees for violating or allowing violations of listed sections must be filed within three years.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 7. Suspension and Revocation of Licenses [24200 - 24211] ( Chapter 7 added by Stats. 1953, Ch. 152. ) ## 24207. All accusations against licensees for violating or permitting the violation of Sections 23300, 23355, 23431, 23453, 24200.5, 25500 to 25508, inclusive, 25601, 25616, or 25657, shall be filed within three years. (Added by Stats. 1957, Ch. 1962.)
  62. 24208.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 7. Suspension and Revocation of Licenses [24200 - 24211] ( Chapter 7 added by Stats. 1953, Ch. 152. )

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    This section says when the time periods in Sections 24206 and 24207 begin to run, depending on the type of conduct involved.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 7. Suspension and Revocation of Licenses [24200 - 24211] ( Chapter 7 added by Stats. 1953, Ch. 152. ) ## 24208. The periods of one year and three years referred to in Sections 24206 and 24207 shall commence to run as follows: (a) If the act or omission alleged as the basis for the suspension or revocation of the license constituted a single transaction, then from the date of the transaction. (b) If the act or omission alleged as the basis for the suspension or revocation of the license is of a continuing nature, relating to a condition, or if the occurrence of several acts or omissions is necessary for the institution of disciplinary proceedings, then from the date of the last act or omission. (c) If the act or omission alleged as the basis for the suspension or revocation of the license involved fraud, misrepresentation, or concealment, then from the date of the discovery thereof. (d) If the basis for the suspension or revocation of the license is a criminal conviction, then from the date such criminal conviction becomes final. (Added by Stats. 1957, Ch. 1962.)
  63. 24209.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 7. Suspension and Revocation of Licenses [24200 - 24211] ( Chapter 7 added by Stats. 1953, Ch. 152. )

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    An arresting officer may release a person arrested for a division violation without taking them before a magistrate if they sign an agreement to appear in court or before a magistrate at the place and time the officer designates; for a licensee or a licensee’s employee, the officer must do so.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 7. Suspension and Revocation of Licenses [24200 - 24211] ( Chapter 7 added by Stats. 1953, Ch. 152. ) ## 24209. When an arrest is made of any person, for a violation of this division, the arresting officer may release such person without taking such person before a magistrate upon such person’s signing an agreement to appear in court or before a magistrate at a place and time designated by the arresting officer; provided, that when an arrest is made of a licensee or employee of a licensee the arresting officer shall release such licensee or employee without taking such licensee or employee before a magistrate upon such licensee or employee signing an agreement to appear in court or before a magistrate at a place and time designated by an arresting officer. (Added by Stats. 1959, Ch. 199.)
  64. 2421.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 19. Renewal of Licenses [2421 - 2433] ( Article 19 added by Stats. 1980, Ch. 1313, Sec. 2. )

    Verify source ↗

    This section defines “license,” “licensee,” and “licensing authority” for this article.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 19. Renewal of Licenses [2421 - 2433] ( Article 19 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2421. As used in this article, the terms: (a) “License” includes “certificate,” “permit,” and “registration.” (b) “Licensee” includes the holder of a license. (c) “Licensing authority” means the board, which has jurisdiction over a particular licensee. (Amended by Stats. 2017, Ch. 775, Sec. 78. (SB 798) Effective January 1, 2018.)
  65. 24211.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 7. Suspension and Revocation of Licenses [24200 - 24211] ( Chapter 7 added by Stats. 1953, Ch. 152. )

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    The department may review a penalty on its own motion before it takes effect, but only to reduce it.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 7. Suspension and Revocation of Licenses [24200 - 24211] ( Chapter 7 added by Stats. 1953, Ch. 152. ) ## 24211. The department may on its own motion at any time before a penalty assessment is placed into effect and without any further proceedings, review the penalty, but such review shall be limited to its reduction. (Added by Stats. 1963, Ch. 777.)
  66. 2423.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 19. Renewal of Licenses [2421 - 2433] ( Article 19 added by Stats. 1980, Ch. 1313, Sec. 2. )

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    Certain medical-related certificates, registrations, and permits expire on a set schedule, and a licensee must renew an unexpired license by the deadline, using the form required by the licensing authority and paying the renewal fee.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 19. Renewal of Licenses [2421 - 2433] ( Article 19 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2423. (a) All physician and surgeon’s certificates, and certificates to practice midwifery, research psychoanalyst registrations, polysomnographic trainee, technician, and technologist registrations, and fictitious-name permits shall expire at 12 midnight on the last day of the month in which the license was issued during the second year of a two-year term commencing from the date of issuance beginning July 1, 2018. (b) To renew an unexpired license, the licensee shall, on or before the dates on which it would otherwise expire, apply for renewal on a form prescribed by the licensing authority and pay the prescribed renewal fee. (Amended by Stats. 2017, Ch. 775, Sec. 80. (SB 798) Effective January 1, 2018.)
  67. 2424.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 19. Renewal of Licenses [2421 - 2433] ( Article 19 added by Stats. 1980, Ch. 1313, Sec. 2. )

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    If a licensee of the board or the California Board of Podiatric Medicine does not renew an expired license within 30 days, the licensee must pay the renewal fee, a 50% penalty fee, and the applicable delinquency fee.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 19. Renewal of Licenses [2421 - 2433] ( Article 19 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2424. Notwithstanding Section 163.5, any licensee of the board or the California Board of Podiatric Medicine who does not renew the licensee’s expired license within 30 days of its date of expiration shall pay all the following fees: (a) The renewal fee in effect at the time of renewal. (b) A penalty fee equal to 50 percent of the renewal fee. (c) The delinquency fee required by Section 2435 or 2499.5, as the case may be. (Amended by Stats. 2021, Ch. 649, Sec. 21. (SB 806) Effective January 1, 2022.)
  68. 2425.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 19. Renewal of Licenses [2421 - 2433] ( Article 19 added by Stats. 1980, Ch. 1313, Sec. 2. )

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    The board may send a renewal questionnaire to licensed physicians, and physicians must complete, sign, and return it when renewing their license.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 19. Renewal of Licenses [2421 - 2433] ( Article 19 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2425. (a) The board may prepare and provide electronically or by mail to every licensed physician at the time of license renewal a questionnaire containing any questions as are necessary to establish that the physician currently has no disorder that would impair the physician’s ability to practice medicine safely. (b) Each licensed physician shall complete, sign, and return the questionnaire either electronically or by mail to the board as a condition of renewing their license. (c) The questionnaire described in this section shall not require disclosure of any information prohibited under Section 2090. (Amended by Stats. 2024, Ch. 952, Sec. 2. (AB 2164) Effective January 1, 2025.)
  69. 2425.1.

    ## 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 19. Renewal of Licenses [2421 - 2433] ( Article 19 added by Stats. 1980, Ch. 1313, Sec. 2. )

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    The Legislature states that California needs data about licensed physicians to better understand and address the access-to-health-care crisis.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 19. Renewal of Licenses [2421 - 2433] ( Article 19 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2425.1. The Legislature finds and declares all of the following: (a) Currently, California is experiencing an access to health care crisis that, in large measure, is the result of medical group insolvency, health facility closures, low or no reimbursement rates, and an increasing number of uninsured. (b) Adding to the access to health care crisis is a state population that is growing in cultural and linguistic diversity as well as in absolute numbers. (c) On paper, California appears to have an adequate number of physicians in most areas of the state. California, however, does not have data indicating the cultural and linguistic background of licensed physicians, how many physicians are actively practicing medicine, how many physicians are practicing part time, how many physicians have retired from practice, or how many physicians have moved into administrative positions and no longer treat patients. (d) In order to fully understand and cope with California’s access to health care crisis, it is necessary to collect data concerning the status and scope of practice of California’s licensed physicians as well as his or her cultural and linguistic background. (Added by Stats. 2001, Ch. 509, Sec. 1. Effective January 1, 2002.)
  70. 2425.3.

    ## 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 19. Renewal of Licenses [2421 - 2433] ( Article 19 added by Stats. 1980, Ch. 1313, Sec. 2. )

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    Licensed physicians and surgeons must report certain license and practice information to the board when first licensed and when renewing their licenses.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 19. Renewal of Licenses [2421 - 2433] ( Article 19 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2425.3. (a) A licensed physician and surgeon shall report to the board, immediately upon issuance of an initial license and at the time of license renewal, any specialty board certification he or she holds that is issued by a member board of the American Board of Medical Specialties or approved by the Medical Board of California. (b) A licensed physician and surgeon shall also report to the board, immediately upon issuance of an initial license and at the time of license renewal, his or her practice status, designated as one of the following: (1) Full-time practice in California. (2) Full-time practice outside of California. (3) Part-time practice in California. (4) Medical administrative employment that does not include direct patient care. (5) Retired. (6) Other practice status, as may be further defined by the board. (c) (1) A licensed physician and surgeon shall report to the board, immediately upon issuance of an initial license and at the time of license renewal, and the board shall collect, information regarding his or her cultural background and foreign language proficiency. The board shall provide an option for a licensed physician and surgeon to decline to state in the report his or her cultural background and foreign language proficiency. (2) Information collected pursuant to this subdivision shall be aggregated on an annual basis based on categories utilized by the board in the collection of the data, and shall be aggregated into both statewide totals and ZIP code of primary practice location totals. (3) Aggregated information under this subdivision shall be compiled annually and reported on the board’s Internet Web site on or before October 1 of each year. (d) The information collected pursuant to subdivisions (a) and (b) may also be placed on the board’s Internet Web site. (Amended by Stats. 2009, Ch. 505, Sec. 7. (AB 1070) Effective January 1, 2010.)
  71. 2426.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 19. Renewal of Licenses [2421 - 2433] ( Article 19 added by Stats. 1980, Ch. 1313, Sec. 2. )

    Verify source ↗

    A licensee must report financial interests in a health-related facility to the board when renewing a license, using the board’s form.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 19. Renewal of Licenses [2421 - 2433] ( Article 19 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2426. (a) A licensee shall report to the board at the time of renewal of a license any financial interest that the licensee or a member of the licensee’s immediate family may have in a health-related facility. The report shall be made on a form provided by the board. (b) For purposes of this section, all of the following shall apply: (1) A “financial interest” includes, but is not limited to, any type of ownership interest, debt, loan, lease, compensation, remuneration, discount, rebate, refund, dividend, distribution, subsidy, or other form of direct or indirect payment, whether in money or otherwise, to a licensee or the licensee’s immediate family from a health-related facility. (2) A “financial interest” also exists if there is an indirect relationship between a licensee and the health-related facility including, but not limited to, an arrangement whereby a licensee has an ownership interest in an entity that leases property to the health-related facility. Any financial interest transferred by a licensee to, or otherwise established in, any person or entity for the purpose of avoiding the reporting required by this section shall be deemed a financial interest of the licensee. (3) A “financial interest” does not include a licensee’s ownership of corporate investment securities, including shares, bonds, or other debt instruments that are purchased from a licensed securities broker on terms that are available to the general public through a licensed securities exchange or NASDAQ, do not base profit distributions or other transfers of value on the licensee’s referral of persons to the corporation, do not have a separate class or accounting for any persons or for any licensees who may refer persons to the corporation, and are in a corporation that had, at the end of the corporation’s most recent fiscal year, total gross assets exceeding one hundred million dollars ($100,000,000). (4) “Immediate family” includes a spouse, child, or parent of a licensee, and a spouse of a child of a licensee. (5) “Licensee” means a physician and surgeon licensed pursuant to this chapter. (6) A “health-related facility” shall include a facility for clinical laboratory services, radiation oncology, physical therapy, physical rehabilitation, psychometric testing, home infusion therapy, diagnostic imaging, and outpatient surgery centers. “Diagnostic imaging” shall include, but is not limited to, all X-ray, computed axial tomography, magnetic resonance imaging, nuclear medicine, positron emission tomography, mammography, and ultrasound goods and services. (c) The information reported to the board shall be available to government agencies and public or private payers. (d) The board may impose appropriate sanctions, including the issuance of a citation and civil penalty under Section 125.9, against any licensee who fails to comply with this section. (e) This section shall become operative on July 1, 1994. (Added by renumbering Section 2097 by Stats. 1995, Ch. 279, Sec. 2.7. Effective January 1, 1996.)
  72. 2427.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 19. Renewal of Licenses [2421 - 2433] ( Article 19 added by Stats. 1980, Ch. 1313, Sec. 2. )

    Verify source ↗

    An expired license may be renewed within a limited time if the renewal application is filed and required fees are paid.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 19. Renewal of Licenses [2421 - 2433] ( Article 19 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2427. (a) Except as provided in Section 2429, a license which has expired may be renewed at any time within five years after its expiration on filing an application for renewal on a form prescribed by the licensing authority and payment of all accrued renewal fees and any other fees required by Section 2424. If the license is not renewed within 30 days after its expiration, the licensee, as a condition precedent to renewal, shall also pay the prescribed delinquency fee, if any. Except as provided in Section 2424, renewal under this section shall be effective on the date on which the renewal application is filed, on the date on which the renewal fee or accrued renewal fees are paid, or on the date on which the delinquency fee or the delinquency fee and penalty fee, if any, are paid, whichever last occurs. If so renewed, the license shall continue in effect through the expiration date set forth in Section 2422 or 2423 which next occurs after the effective date of the renewal, when it shall expire and become invalid if it is not again renewed. (b) Notwithstanding subdivision (a), the license of a doctor of podiatric medicine which has expired may be renewed at any time within three years after its expiration on filing an application for renewal on a form prescribed by the licensing authority and payment of all accrued renewal fees and any other fees required by Section 2424. If the license is not renewed within 30 days after its expiration, the licensee, as a condition precedent to renewal, shall also pay the prescribed delinquency fee, if any. Except as provided in Section 2424, renewal under this section shall be effective on the date on which the renewal application is filed, on the date on which the renewal fee or accrued renewal fees are paid, or on the date on which the delinquency fee or the delinquency fee and penalty fee, if any, are paid, whichever last occurs. If so renewed, the license shall continue in effect through the expiration date set forth in Section 2422 or 2423 which next occurs after the effective date of the renewal, when it shall expire and become invalid if it is not again renewed. (Amended by Stats. 1994, Ch. 26, Sec. 26.5. Effective March 30, 1994.)
  73. 2428.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 19. Renewal of Licenses [2421 - 2433] ( Article 19 added by Stats. 1980, Ch. 1313, Sec. 2. )

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    A person who lets a license lapse or cancels it cannot simply renew it after the stated period, but may get a new license if required 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 19. Renewal of Licenses [2421 - 2433] ( Article 19 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2428. (a) A person who voluntarily cancels his or her license or who fails to renew his or her license within five years after its expiration shall not renew it, but that person may apply for and obtain a new license if he or she: (1) Has not committed any acts or crimes constituting grounds for denial of licensure under Division 1.5 (commencing with Section 475). (2) Takes and passes the examination, if any, which would be required of him or her if application for licensure was being made for the first time, or otherwise establishes to the satisfaction of the licensing authority that passes on the qualifications of applicants for the license that, with due regard for the public interest, he or she is qualified to practice the profession or activity for which the applicant was originally licensed. (3) Pays all of the fees that would be required if application for licensure was being made for the first time. The licensing authority may provide for the waiver or refund of all or any part of an examination fee in those cases in which a license is issued without an examination pursuant to this section. Nothing in this section shall be construed to authorize the issuance of a license for a professional activity or system or mode of healing for which licenses are no longer required. (b) In addition to the requirements set forth in subdivision (a), an applicant shall establish that he or she meets one of the following requirements: (1) satisfactory completion of at least three years of approved postgraduate training; (2) certification by a specialty board approved by the American Board of Medical Specialties or approved by the board pursuant to subdivision (h) of Section 651; or (3) passing of the clinical competency written examination. (c) Subdivision (a) shall apply to persons who held licenses to practice podiatric medicine except that those persons who failed to renew their licenses within three years after its expiration may not renew it, and it may not be reissued, reinstated, or restored, except in accordance with subdivision (a). (Amended by Stats. 2018, Ch. 571, Sec. 7. (SB 1480) Effective January 1, 2019.)
  74. 2429.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 19. Renewal of Licenses [2421 - 2433] ( Article 19 added by Stats. 1980, Ch. 1313, Sec. 2. )

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    A suspended license may be renewed, but the licensee cannot use it to practice while it remains suspended; if a revoked license is later reinstated after expiration, the licensee must pay a reinstatement fee.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 19. Renewal of Licenses [2421 - 2433] ( Article 19 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2429. (a) A license which is suspended for unprofessional conduct is subject to expiration and shall be renewed as provided in this article, but such renewal does not entitle the licensee, while the license remains suspended, and until it is reinstated, to engage in the licensed activity, or in any other activity or conduct in violation of the order or judgment by which the license was suspended. (b) A license which is revoked for unprofessional conduct is subject to expiration as provided in this article, but it shall not be renewed. If it is reinstated by the licensing authority after its expiration, the licensee, as a condition precedent to reinstatement or restoration of licensure, shall pay a reinstatement fee which is an amount equal to the current renewal fee, plus the delinquency fee, if any. (Repealed and added by Stats. 1980, Ch. 1313, Sec. 2.)
  75. 24300.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 8. Hearings [24300 - 24400] ( Chapter 8 added by Stats. 1953, Ch. 152. )

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    This section allows certain alcohol-license hearings to be held electronically, sets where in-person or mixed hearings may be held, and lets parties object and request an in-person hearing.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 8. Hearings [24300 - 24400] ( Chapter 8 added by Stats. 1953, Ch. 152. ) ## 24300. (a) Notwithstanding subdivision (b) of Section 11440.30 of the Government Code, hearings held on a protest, accusation, or petition for a license may be conducted, in whole or in part, by electronic means. (b) Any hearing that is conducted in person shall be held in the county in which the licensed premises or the licensee is located. If any part of the hearing is conducted by electronic means, the location of the hearing may be any place from which the department or any of the parties participates in the hearing. A hearing before the department itself on reconsideration or under subdivision (c) of Section 11517 of the Government Code may be held at any place in the state where the department is meeting. (c) Except as provided in Section 24203 and in this section, the proceedings shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, and in all cases the department shall have all the powers granted therein. The department, in its exclusive discretion, shall consider scheduling the hearing, including all or any portion of a hearing conducted by electronic means, at a time, including evening hours, and at a place convenient to all parties to a proceeding, including those witnesses required to be present, and the public affected. (d) If a hearing or any part of a hearing is noticed to be conducted by electronic means, any party may file a written motion to object to the electronic hearing and to request that the hearing, or portion of the hearing, to be conducted by electronic means be held in person and without the use of electronic communication. That motion shall include a proposed county for the location of the hearing and shall establish good cause as to why an electronic hearing, in whole or in part, would be inappropriate. A motion requesting an in-person hearing shall be made to the presiding officer in the same manner as a continuance request pursuant to Section 11524 of the Government Code. (e) For any hearing held pursuant to this division, the department may delegate the power to hear and decide to an administrative law judge appointed by the director. Any hearing before an administrative law judge shall be pursuant to the procedures, rules, and limitations prescribed in Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code. (Amended by Stats. 2022, Ch. 136, Sec. 4. (SB 1011) Effective January 1, 2023.)
  76. 24301.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 8. Hearings [24300 - 24400] ( Chapter 8 added by Stats. 1953, Ch. 152. )

    Verify source ↗

    The department must not create a record by videographic recording, and videographic recordings of hearings are not admissible in specified alcohol appeals proceedings.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 8. Hearings [24300 - 24400] ( Chapter 8 added by Stats. 1953, Ch. 152. ) ## 24301. The department shall not create a record by videographic recording. Videographic recording of a hearing shall be inadmissible in any proceeding before the Alcoholic Beverage Control Appeals Board or in any proceeding taken under Section 23090. (Added by Stats. 2017, Ch. 209, Sec. 1. (AB 1285) Effective January 1, 2018.)
  77. 24310.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 8. Hearings [24300 - 24400] ( Chapter 8 added by Stats. 1953, Ch. 152. )

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    People requesting a transcript for an appeal to the Alcoholic Beverage Control Appeals Board must pay the transcript cost set by Government Code Section 69950; extra cost is paid from the Appeals Fund, and some 1983-1984 payers may be refunded that excess.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 8. Hearings [24300 - 24400] ( Chapter 8 added by Stats. 1953, Ch. 152. ) ## 24310. (a) Any person requesting a transcript from the department in a case on appeal to the Alcoholic Beverage Control Appeals Board, shall pay the transcript cost specified in Section 69950 of the Government Code. Any actual cost in excess thereof shall be paid by the Appeals Board from the Alcoholic Beverage Control Appeals Fund. (b) A party in a case on appeal to the Appeals Board who, in 1983 or 1984, has paid that portion of the transcript fee in excess of the fee specified in Section 69950 of the Government Code shall be refunded that excess by payment from the Alcoholic Beverage Control Appeals Fund, providing the Appeals Board has not issued a dismissal or other final decision in the case on appeal. (Repealed and added by Stats. 1984, Ch. 273, Sec. 3. Effective July 3, 1984.)
  78. 2432.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 19. Renewal of Licenses [2421 - 2433] ( Article 19 added by Stats. 1980, Ch. 1313, Sec. 2. )

    Verify source ↗

    A licensing authority may issue a duplicate certificate if an application is filed with required information and any required fee, and the applicant is properly licensed.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 19. Renewal of Licenses [2421 - 2433] ( Article 19 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2432. Upon filing an application therefor, containing such information as the licensing authority may require and accompanied by the required duplicate certificate fee, if any, a duplicate certificate may be issued to any person so licensed under the applicable provisions of law where the same certificate applied for has been previously issued or, where there has been a change in name, another certificate in lieu of one previously issued. (Repealed and added by Stats. 1980, Ch. 1313, Sec. 2.)
  79. 2433.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 19. Renewal of Licenses [2421 - 2433] ( Article 19 added by Stats. 1980, Ch. 1313, Sec. 2. )

    Verify source ↗

    After an application is filed with the information the licensing authority requires and any required endorsement fee, the person’s licensure or credentials may be endorsed or certified.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 19. Renewal of Licenses [2421 - 2433] ( Article 19 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2433. Upon filing an application therefor, containing such information as the licensing authority may require and accompanied by the required endorsement fee, if any, the licensure or credentials of the person so licensed may be endorsed or certified. (Repealed and added by Stats. 1980, Ch. 1313, Sec. 2.)
  80. 2435.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 20. Revenue [2435 - 2448] ( Article 20 added by Stats. 1980, Ch. 1313, Sec. 2. )

    Verify source ↗

    This section sets licensing fees for physicians and surgeons and requires the board to cut fees if it ends a fiscal year with excess unencumbered funds.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 20. Revenue [2435 - 2448] ( Article 20 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2435. The following fees apply to the licensure of physicians and surgeons: (a) Each applicant for a certificate based upon a national board diplomate certificate, each applicant for a certificate based on reciprocity, and each applicant for a certificate based upon written examination, shall pay a nonrefundable application and processing fee, as set forth in subdivision (b), at the time the application is filed. (b) The application and processing fee shall be six hundred twenty-five dollars ($625). (c) (1) Each applicant who qualifies for a certificate, as a condition precedent to its issuance, in addition to other fees required herein, shall pay an initial license fee. The initial license fee shall be one thousand one hundred fifty-one dollars ($1,151). An applicant enrolled in an approved postgraduate training program shall be required to pay only 50 percent of the initial license fee. (2) Beginning January 1, 2027, the initial license fee shall be one thousand two hundred fifty-five dollars ($1,255). (d) (1) For licenses that expire on or after January 1, 2024, the biennial renewal fee shall be one thousand one hundred fifty-one dollars ($1,151). (2) For licenses that expire on or after January 1, 2027, the biennial renewal fee shall be one thousand two hundred fifty-five dollars ($1,255). (e) Notwithstanding Section 163.5, the delinquency fee shall be 10 percent of the biennial renewal fee. (f) The duplicate certificate and endorsement fees shall each be fifty dollars ($50), and the certification and letter of good standing fees shall each be ten dollars ($10). (g) Notwithstanding any other law, if at the end of any fiscal year the board has unencumbered funds in an amount that is equal to or more than the board’s operating budget for the next six months, the board shall reduce license or other fees, whether the license or other fees be fixed by statute or may be determined by the board within limits fixed by statute, during the following fiscal year in an amount that will reduce any surplus funds of the board to an amount less than the board’s operating budget for the next six months. (Amended by Stats. 2023, Ch. 294, Sec. 24. (SB 815) Effective January 1, 2024.)
  81. 2435.1.

    ## 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 20. Revenue [2435 - 2448] ( Article 20 added by Stats. 1980, Ch. 1313, Sec. 2. )

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    The board must charge an extra $25 fee for each applicant or renewing licensee, and it must transfer collected funds monthly to the Department of Health Care Access and Information.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 20. Revenue [2435 - 2448] ( Article 20 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2435.1. (a) In addition to the fees charged for the initial issuance or biennial renewal of a physician and surgeon’s certificate pursuant to Section 2435, and at the time those fees are charged, the board shall charge each applicant or renewing licensee an additional twenty-five dollar ($25) fee for the purposes of this section. (b) Payment of this twenty-five dollar ($25) fee shall be voluntary, paid at the time of application for initial licensure or biennial renewal, and due and payable along with the fee for the initial certificate or biennial renewal. (c) The board shall transfer all funds collected pursuant to this section, on a monthly basis, to the Department of Health Care Access and Information to augment the local assistance line item of the annual Budget Act in support of the Song-Brown Family Physician Training Act (Article 1 (commencing with Section 128200) of Chapter 4 of Part 3 of Division 107 of the Health and Safety Code). (Amended by Stats. 2022, Ch. 511, Sec. 12. (SB 1495) Effective January 1, 2023.)
  82. 2435.2.

    ## 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 20. Revenue [2435 - 2448] ( Article 20 added by Stats. 1980, Ch. 1313, Sec. 2. )

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    If Article 14 becomes inoperative or the diversion program ends, the board must reduce the initial license fee and the biennial renewal fee. The reduction must equal the board’s cost of operating the diversion program, and the board must not make the reductions if a statute-established diversion program must be funded in whole or in part from licensure fees.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 20. Revenue [2435 - 2448] ( Article 20 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2435.2. (a) Notwithstanding any other provision of law, if Article 14 (commencing with Section 2340) becomes inoperative or the diversion program described in that article is discontinued, the board shall reduce the amount of the following fees: (1) The initial license fee, as described in subdivision (c) of Section 2435. (2) The biennial renewal fee, as described in subdivision (d) of Section 2435. (b) The amount of the reductions made pursuant to subdivision (a) shall equal the board’s cost of operating the diversion program. (c) The board shall not make the reductions described in subdivision (a) if a diversion program is established by statute and requires the board to fund it in whole or in part from licensure fees. (Amended by Stats. 2017, Ch. 775, Sec. 82. (SB 798) Effective January 1, 2018.)
  83. 2435.3.

    ## 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 20. Revenue [2435 - 2448] ( Article 20 added by Stats. 1980, Ch. 1313, Sec. 2. )

    Verify source ↗

    The board may, by regulation, raise the initial licensure fee and biennial renewal fee by up to $20 each if specified 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 20. Revenue [2435 - 2448] ( Article 20 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2435.3. Notwithstanding any other provision of law, if Section 12529.6 of the Government Code remains operative on or after July 1, 2008, and is not repealed, the board may, by regulation, beginning January 1, 2009, increase the amount of the initial licensure fee and the biennial licensure renewal fee by a maximum of twenty dollars ($20) each, if an increase is required for the cost of transferring those employees. (Added by Stats. 2005, Ch. 674, Sec. 19. Effective January 1, 2006.)
  84. 2436.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 20. Revenue [2435 - 2448] ( Article 20 added by Stats. 1980, Ch. 1313, Sec. 2. )

    Verify source ↗

    Fees in this article must be set out in emergency regulations adopted by the Division of Licensing.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 20. Revenue [2435 - 2448] ( Article 20 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2436. The fees in this article fixed by the board shall be set forth as emergency regulations duly adopted by the Division of Licensing. (Amended by Stats. 1993, Ch. 1267, Sec. 34. Effective January 1, 1994.)
  85. 2436.5.

    ## 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 20. Revenue [2435 - 2448] ( Article 20 added by Stats. 1980, Ch. 1313, Sec. 2. )

    Verify source ↗

    The board must charge an additional $25 fee to each applicant or renewing licensee, transfer collected funds monthly to the specified physicians’ account, and create a way to accept voluntary contributions.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 20. Revenue [2435 - 2448] ( Article 20 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2436.5. (a) (1) In addition to the fees charged for the initial issuance or biennial renewal of a physician and surgeon’s certificate pursuant to Section 2435, and at the time those fees are charged, the board shall charge each applicant or renewing licensee an additional twenty-five-dollar ($25) fee for the purposes of this section. (2) The twenty-five-dollar ($25) fee shall be paid at the time of application for initial licensure or biennial renewal and shall be due and payable along with the fee for the initial certificate or biennial renewal. (3) On or before July 1, 2015, the board shall develop a mechanism for a physician and surgeon to pay a voluntary contribution, at the time of application for initial licensure or biennial renewal, for the purposes of this section. (b) The board shall transfer all funds collected pursuant to this section, on a monthly basis, to the Medically Underserved Account for Physicians created by Section 128555 of the Health and Safety Code for the Steven M. Thompson Physician Corps Loan Repayment Program. Notwithstanding Section 128555 of the Health and Safety Code, these funds shall not be used to provide funding for the Physician Volunteer Program. (c) Up to 15 percent of the funds collected pursuant to this section shall be dedicated to loan assistance for physicians and surgeons who agree to practice in geriatric care settings or settings that primarily serve adults over 65 years of age or adults with disabilities. Priority consideration shall be given to those physicians and surgeons who are trained in, and practice, geriatrics and who can meet the cultural and linguistic needs and demands of diverse populations of older Californians. (Amended by Stats. 2014, Ch. 439, Sec. 1. (SB 1116) Effective January 1, 2015.)
  86. 2437.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 20. Revenue [2435 - 2448] ( Article 20 added by Stats. 1980, Ch. 1313, Sec. 2. )

    Verify source ↗

    The board may set an approval fee for certain postgraduate training programs, but the fee must match the division’s review cost and cannot be more than $400.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 20. Revenue [2435 - 2448] ( Article 20 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2437. The board may fix a fee for the approval of postgraduate training for clinical service programs approved by the Division of Licensing at an amount equal to the cost to the division in reviewing applications for approval of those programs, but in no event shall the fee exceed four hundred dollars ($400). (Added by Stats. 1985, Ch. 1176, Sec. 24.)
  87. 2439.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 20. Revenue [2435 - 2448] ( Article 20 added by Stats. 1980, Ch. 1313, Sec. 2. )

    Verify source ↗

    A licensee who applies for a retired license is exempt from renewal fees and continuing medical education, and a retired license holder may not practice medicine or podiatric medicine.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 20. Revenue [2435 - 2448] ( Article 20 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2439. (a) Every licensee is exempt from the payment of the renewal fee and requirement for continuing medical education if the licensee has applied to the Division of Licensing for a retired license. The holder of a retired license may not engage in the practice of medicine or the practice of podiatric medicine. (b) If a physician and surgeon has applied to convert from retired status to active status on or after January 1, 2004, but prior to January 1, 2005, the fee to change license status shall be waived, unless the change in status coincides with the physician and surgeon’s license renewal date. The board shall refund any fees paid by a physician and surgeon to change from retired to active status after January 1, 2004, and before January 1, 2005, unless the change in status coincides with the physician and surgeon’s license renewal date. (Amended (as added by Stats. 909, Ch. 607, Sec. 10) by Stats. 2004, Ch. 909, Sec. 3.5. Effective September 30, 2004.)
  88. 2440.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 20. Revenue [2435 - 2448] ( Article 20 added by Stats. 1980, Ch. 1313, Sec. 2. )

    Verify source ↗

    Some licensees are exempt from the renewal fee during certain military or public health service, but they cannot do private practice while exempt.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 20. Revenue [2435 - 2448] ( Article 20 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2440. (a) Every licensee is exempt from the payment of the renewal fee while engaged in full-time training or active service in the Army, Navy, Air Force, or Marines, or in the United States Public Health Service. (b) Every person exempted from the payment of the renewal fee by this section shall not engage in any private practice and shall become liable for payment of such fee for the current renewal period upon his or her discharge from full-time active service and shall have a period of 60 days after becoming liable within which to pay the renewal fee before the delinquency fee is required. Any person who is discharged from active service within 60 days of the end of a renewal period is exempt from the payment of the renewal fee for that period. (c) The time spent in full-time active service or training shall not be included in the computation of the five-year period for renewal and reinstatement of licensure provided in Sections 2427 and 2428. (d) Nothing in this section shall exempt a person, exempt from renewal fees under this section, from meeting the requirements of Article 10 (commencing with Section 2190). (Amended by Stats. 1986, Ch. 220, Sec. 11. Effective June 30, 1986.)
  89. 24400.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 8. Hearings [24300 - 24400] ( Chapter 8 added by Stats. 1953, Ch. 152. )

    Verify source ↗

    Retail licensees of the same type may group purchase distilled spirits and wine through a designated agent, but only if they follow the section’s delivery, recordkeeping, and payment rules.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 8. Hearings [24300 - 24400] ( Chapter 8 added by Stats. 1953, Ch. 152. ) ## 24400. Notwithstanding any other provision of law, two or more retail licensees of the same type may agree to group purchase distilled spirits and wine from a licensed wholesaler or rectifier through a designated agent, subject to the following restrictions: (a) The designated agent shall hold a retail license of the same type operating a premises in the same county or counties as the purchasing group. (b) No retailer shall have more than one designated agent nor shall an agent make purchases for more than one group. (c) The merchandise purchased for each group shall be delivered to and stored in either a single licensed premises or a single warehouse located in the same county as the premises of the purchasing group and such delivery shall be a single delivery within two consecutive business days at the discount in effect on the day the delivery was commenced. Saturday, Sunday, and holidays shall not be deemed business days. (d) A record of purchase shall be made by the agent on a master purchase order. Each purchasing retailer shall furnish the designated agent with a signed order setting forth such licensee’s purchase, to be attached to and become a part of the master order. Master and individual orders shall be maintained in compliance with Section 25752 and fiscal liability shall extend in so far as the amount of the purchase designated and delivered for each individual retailer of the purchasing group is subject to the provisions of Section 25509. (e) The merchandise shall be deemed to have been received by each retailer member of the purchasing group when delivered to the designated premises. (f) When a group buying member has not made payment in full by the expiration of the 30th day from date of delivery or has not paid the one percent charge at the expiration of the 30th day from the date the charge became due, such group buying member shall be expelled from the buying group and prohibited from rejoining that group or joining any other such group until such time that all payments have been received for the merchandise sold and delivered to such retailer more than 30 days previously. (Amended by Stats. 1980, Ch. 1194, Sec. 7.)
  90. 2441.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 20. Revenue [2435 - 2448] ( Article 20 added by Stats. 1980, Ch. 1313, Sec. 2. )

    Verify source ↗

    A licensee may request a renewal-fee waiver for disability, but if the waiver is granted the licensee cannot practice medicine until the current fee is paid and one of the required board-approved steps is completed.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 20. Revenue [2435 - 2448] ( Article 20 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2441. (a) Any licensee who demonstrates to the satisfaction of the board that he or she is unable to practice medicine due to a disability may request a waiver of the license renewal fee. The granting of a waiver shall be at the discretion of the board and may be terminated at any time. Waivers shall be based on the inability of a licensee to practice medicine. A licensee whose renewal fee has been waived pursuant to this section shall not engage in the practice of medicine unless and until the licensee pays the current renewal fee and does either of the following: (1) Establishes to the satisfaction of the board, on a form prescribed by the board and signed under penalty of perjury, that the licensee’s disability either no longer exists or does not affect his or her ability to practice medicine safely. (2) Signs an agreement on a form prescribed by the board, signed under penalty of perjury, in which the licensee agrees to limit his or her practice in the manner prescribed by the reviewing physician and agreed to by the board. (b) The board may require the licensee described in paragraph (2) of subdivision (a) to obtain an independent clinical evaluation of his or her ability to practice medicine safely as a condition of receiving a disabled status license under this section. (c) Any person who knowingly provides false information in the agreement submitted pursuant to paragraph (2) of subdivision (a) shall be subject to any sanctions available to the board. (Amended by Stats. 2016, Ch. 303, Sec. 4. (AB 2745) Effective January 1, 2017.)
  91. 2442.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 20. Revenue [2435 - 2448] ( Article 20 added by Stats. 1980, Ch. 1313, Sec. 2. )

    Verify source ↗

    A physician and surgeon may have the renewal fee waived if they certify to the Medical Board of California that the renewal is solely for voluntary, unpaid service.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 20. Revenue [2435 - 2448] ( Article 20 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2442. The renewal fee shall be waived for a physician and surgeon who certifies to the Medical Board of California that license renewal is for the sole purpose of providing voluntary, unpaid service. (Amended by Stats. 2016, Ch. 239, Sec. 2. (SB 1261) Effective January 1, 2017.)
  92. 2443.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 20. Revenue [2435 - 2448] ( Article 20 added by Stats. 1980, Ch. 1313, Sec. 2. )

    Verify source ↗

    This section sets the fees for fictitious-name permits issued under Section 2415.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 20. Revenue [2435 - 2448] ( Article 20 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2443. The following fees apply to fictitious-name permits issued under Section 2415: (a) The initial permit fee shall be seventy dollars ($70). If the permit will expire less than one year after its issuance, then the initial permit fee is an amount equal to 50 percent of the fee in effect at the beginning of the current renewal cycle. (b) For permits that expire on or after January 1, 2022, the biennial renewal fee shall be fifty dollars ($50). (c) The delinquency fee is twenty dollars ($20). (d) The duplicate permit fee shall be forty dollars ($40). (Amended by Stats. 2021, Ch. 649, Sec. 23. (SB 806) Effective January 1, 2022.)
  93. 2445.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 20. Revenue [2435 - 2448] ( Article 20 added by Stats. 1980, Ch. 1313, Sec. 2. )

    Verify source ↗

    The board must deposit and report its moneys as directed, use contingent-fund money for board expenses only when appropriated, and keep any surplus out of the General Fund.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 20. Revenue [2435 - 2448] ( Article 20 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2445. All moneys paid to and received by the board shall be paid into the State Treasury and shall be credited to the Contingent Fund of the Medical Board of California. Those moneys shall be reported at the beginning of each month, for the month preceding, to the Controller. Moneys in the contingent fund shall be available, upon appropriation by the Legislature, for the use of the board and from it shall be paid all salaries and all other expenses necessarily incurred in carrying into effect the provisions of this chapter. If there is any surplus in these receipts after the board’s salaries and expenses are paid, such surplus shall be applied solely to expenses incured under the provisions of this chapter. No surplus in these receipts shall be deposited in or transferred to the General Fund. (Amended by Stats. 2017, Ch. 775, Sec. 83. (SB 798) Effective January 1, 2018.)
  94. 2446.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 20. Revenue [2435 - 2448] ( Article 20 added by Stats. 1980, Ch. 1313, Sec. 2. )

    Verify source ↗

    Courts must deposit fines and bail forfeitures from this chapter with the county treasurer as soon as practicable after receipt, unless the chapter expressly says otherwise.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 20. Revenue [2435 - 2448] ( Article 20 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2446. Unless otherwise expressly provided in this chapter, all fines imposed or forfeitures of bail collected by any court in connection with any violation of the provisions of this chapter shall, as soon as practicable after receipt thereof, be deposited with the county treasurer of the county in which such court is situated. Amounts so deposited shall be paid at least once a month as follows: (a) Seventy-five percent to the State Treasurer by warrant of the county auditor drawn upon the requisition of the clerk or judge of the court for deposit as provided in Section 2445. (b) Twenty-five percent to the county where the case is pending. (Added by Stats. 1980, Ch. 1313, Sec. 2.)
  95. 2447.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 20. Revenue [2435 - 2448] ( Article 20 added by Stats. 1980, Ch. 1313, Sec. 2. )

    Verify source ↗

    The board must refund fees, fines, or forfeitures under Section 158, and it may use its contingent fund 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 20. Revenue [2435 - 2448] ( Article 20 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2447. The board shall refund any fees, fines, or forfeitures in accordance with the provisions of Section 158. The board may expend from its contingent fund whatever sums may be necessary to carry out the provisions of this section. The State Treasurer and all other officials having custody of the funds of the board shall upon request or direction of the board pay out the refunds or approve such payments from the contingent fund. (Added by Stats. 1980, Ch. 1313, Sec. 2.)
  96. 2448.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 20. Revenue [2435 - 2448] ( Article 20 added by Stats. 1980, Ch. 1313, Sec. 2. )

    Verify source ↗

    A renewed license can still be suspended, revoked, or forfeited at any time, even if the licensee has a renewal receipt or other proof of renewal.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 20. Revenue [2435 - 2448] ( Article 20 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2448. Notwithstanding the possession by a licensee of a renewal receipt or other acknowledgement of renewal of licensure, a license issued and renewed may, at any time, be suspended, revoked, or forfeited as provided in this chapter without refund of any fees. (Added by Stats. 1980, Ch. 1313, Sec. 2.)
  97. 2450.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 21. Provisions Applicable to Osteopathic Physicians and Surgeons [2450 - 2459.7] ( Article 21 added by Stats. 1980, Ch. 1313, Sec. 2. )

    Verify source ↗

    This section names the Osteopathic Medical Board of California, gives it enforcement responsibilities, exempts certain M.D. electors from this article, and makes the Board’s powers and duties subject to legislative review.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 21. Provisions Applicable to Osteopathic Physicians and Surgeons [2450 - 2459.7] ( Article 21 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2450. There is a Board of Osteopathic Examiners of the State of California, established by the Osteopathic Act, which shall be known as the Osteopathic Medical Board of California which enforces this chapter relating to persons holding or applying for physician’s and surgeon’s certificates issued by the Osteopathic Medical Board of California under the Osteopathic Act. Persons who elect to practice using the term of suffix “M.D.,” as provided in Section 2275, shall not be subject to this article, and the Medical Board of California shall enforce the provisions of this chapter relating to persons who made the election. Notwithstanding any other law, the powers and duties of the Osteopathic Medical Board of California, as set forth in this article and under the Osteopathic Act, shall be subject to review by the appropriate policy committees of the Legislature. The review shall be performed as if this article were scheduled to be repealed as of January 1, 2028. (Amended by Stats. 2023, Ch. 294, Sec. 25. (SB 815) Effective January 1, 2024.)
  98. 2450.1.

    ## 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 21. Provisions Applicable to Osteopathic Physicians and Surgeons [2450 - 2459.7] ( Article 21 added by Stats. 1980, Ch. 1313, Sec. 2. )

    Verify source ↗

    The Osteopathic Medical Board of California must put protection of the public first when carrying out its licensing, regulatory, and disciplinary functions.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 21. Provisions Applicable to Osteopathic Physicians and Surgeons [2450 - 2459.7] ( Article 21 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2450.1. Protection of the public shall be the highest priority for the Osteopathic Medical Board of California in exercising its licensing, regulatory, and disciplinary functions. Whenever the protection of the public is inconsistent with other interests sought to be promoted, the protection of the public shall be paramount. (Added by Stats. 2002, Ch. 107, Sec. 5. Effective January 1, 2003.)
  99. 2451.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 21. Provisions Applicable to Osteopathic Physicians and Surgeons [2450 - 2459.7] ( Article 21 added by Stats. 1980, Ch. 1313, Sec. 2. )

    Verify source ↗

    In this chapter, certain references to the Medical Board of California are treated as references to the Osteopathic Medical Board of California when it is exercising its Osteopathic Act functions.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 21. Provisions Applicable to Osteopathic Physicians and Surgeons [2450 - 2459.7] ( Article 21 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2451. The words “Medical Board of California,” the term “board,” or any reference to a division of the Medical Board of California as used in this chapter shall be deemed to mean the Osteopathic Medical Board of California, where that board exercises the functions granted to it by the Osteopathic Act. (Amended by Stats. 1991, Ch. 359, Sec. 18.)
  100. 2452.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 21. Provisions Applicable to Osteopathic Physicians and Surgeons [2450 - 2459.7] ( Article 21 added by Stats. 1980, Ch. 1313, Sec. 2. )

    Verify source ↗

    This chapter applies to the Osteopathic Medical Board of California as long as that is consistent with the Osteopathic Act, and the board administers the article unless another rule says otherwise.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 21. Provisions Applicable to Osteopathic Physicians and Surgeons [2450 - 2459.7] ( Article 21 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2452. This chapter applies to the Osteopathic Medical Board of California so far as consistent with the Osteopathic Act. Unless otherwise provided, this article is administered by the board. (Amended by Stats. 1991, Ch. 359, Sec. 19.)
  101. 2453.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 21. Provisions Applicable to Osteopathic Physicians and Surgeons [2450 - 2459.7] ( Article 21 added by Stats. 1980, Ch. 1313, Sec. 2. )

    Verify source ↗

    Certain health-related entities must not discriminate against licensed physicians and surgeons because they hold an M.D. or D.O. degree, and some staffing or membership rules are restricted.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 21. Provisions Applicable to Osteopathic Physicians and Surgeons [2450 - 2459.7] ( Article 21 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2453. (a) It is the policy of this state that holders of M.D. degrees and D.O. degrees shall be accorded equal professional status and privileges as licensed physicians and surgeons. (b) Notwithstanding any other provision of law, no health facility subject to licensure under Chapter 2 (commencing with Section 1250) of Division 2 of the Health and Safety Code, no health care service plan, nonprofit hospital service plan, policy of disability insurance, self-insured employer welfare benefit plan, and no agency of the state or of any city, county, city and county, district, or other political subdivision of the state shall discriminate with respect to employment, staff privileges, or the provision of, or contracts for, professional services against a licensed physician and surgeon on the basis of whether the physician and surgeon holds an M.D. or D.O. degree. This section shall not be construed to require a disability insurer health care service plan or hospital service plan to employ, offer staff privileges, or contract for professional services with a class of physician who holds an M.D. or D.O. degree. However, this subdivision shall not prohibit a school of allopathic medicine or a school of osteopathic medicine from employing a physician and surgeon as an instructor on the basis of whether the physician and surgeon holds an M.D. or D.O. degree, where the subject matter to be taught specifically requires allopathic or osteopathic training and experience. (c) Whenever the health facility staffing requirements for staff or department privileges mandate that the physician who has been granted privileges be certified or eligible for certification by an appropriate American medical board, that position must be made available on an equal basis to an osteopathic physician who is certified or eligible for certification by the appropriate American osteopathic board. (d) Whenever an entity that contracts with physicians and surgeons or osteopathic physicians to provide managed care or risk-based care requires that the physician who is responsible for the contract be certified or eligible for certification by an appropriate American medical board, the contract reference to American medical board shall be construed to mean American Osteopathic Board when the contracting physician is an osteopathic physician. (e) Staff self-government, involving M.D. and D.O. physicians and surgeons, with respect to the professional work performed in the health facility, shall be accomplished by holding periodic meetings of the staff to review and analyze at regular intervals their clinical experience. Patient medical records shall be the basis for such review and analysis. (f) The physician and surgeon staff shall be required to establish controls that are designed to ensure the achievement and maintenance of high standards of professional and ethical practices including a provision that all members of the physician and surgeon staff be required to demonstrate their ability to perform surgical and other procedures competently and to the satisfaction of an appropriate committee or committees of the staff at the time of original application for appointment to the staff and at least every two years thereafter. (g) No health facility may adopt written bylaws in accordance with legal requirements that in any way are construed to circumvent the intent of the Legislature or any other nondiscriminatory provisions contained in either the Medical Practice Act or in any provisions applicable to osteopathic physicians. (h) No entity that contracts with physicians and surgeons to provide managed care or risk-based care may adopt written bylaws in accordance with legal requirements that in any way are construed to circumvent the intent of the Legislature or any other nondiscriminatory provisions contained in either the Medical Practice Act or in any provisions applicable to osteopathic physicians. (i) For the purposes of this section, no professional medical or osteopathic association may mandate membership in their respective organizations as a prerequisite for a physician to obtain staff privileges, employment, or in the offering of a contract for services. (j) Any violation of subdivisions (b), (c), (d), (e), (f), (g), (h), and (i) may be enjoined in an action brought in the name of the people of the State of California by the district attorney of the county in which the violation occurs, upon receipt of a complaint by an aggrieved physician and surgeon. (Amended by Stats. 1992, Ch. 619, Sec. 1. Effective January 1, 1993.)
  102. 2453.5.

    ## 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 21. Provisions Applicable to Osteopathic Physicians and Surgeons [2450 - 2459.7] ( Article 21 added by Stats. 1980, Ch. 1313, Sec. 2. )

    Verify source ↗

    People with physician’s and surgeon’s certificates from the Osteopathic Medical Board of California may not hold themselves out as board certified unless the certification comes from an authorized certifying board or from an approved postgraduate training program.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 21. Provisions Applicable to Osteopathic Physicians and Surgeons [2450 - 2459.7] ( Article 21 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2453.5. Individuals possessing physician’s and surgeon’s certificates issued by the Osteopathic Medical Board of California shall not hold themselves out to be board certified unless the board certification has been granted by the appropriate certifying board, as authorized by the American Osteopathic Association or the American Board of Medical Specialties, or is the result of a postgraduate training program approved by the Accreditation Council for Graduate Medical Education. (Added by Stats. 1993, Ch. 226, Sec. 2. Effective January 1, 1994.)
  103. 2454.5.

    ## 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 21. Provisions Applicable to Osteopathic Physicians and Surgeons [2450 - 2459.7] ( Article 21 added by Stats. 1980, Ch. 1313, Sec. 2. )

    Verify source ↗

    The board must set continuing education standards, and licensed osteopathic physicians and surgeons must meet specified continuing education requirements to renew and keep an active license.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 21. Provisions Applicable to Osteopathic Physicians and Surgeons [2450 - 2459.7] ( Article 21 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2454.5. In order to ensure the continuing competence of licensed osteopathic physicians and surgeons, the board shall adopt and administer standards for the continuing education of those licensees. The board shall require each licensed osteopathic physician and surgeon to demonstrate satisfaction of the continuing education requirements as a condition for the renewal of a license at intervals of not less than one year nor more than two years. The board shall require each licensed osteopathic physician and surgeon to complete a minimum of 50 hours of American Osteopathic Association continuing education hours during each two-year cycle, of which 20 hours shall be completed in American Osteopathic Association Category 1 continuing education hours and the remaining 30 hours shall be either American Osteopathic Association or American Medical Association accredited as a condition for renewal of an active license. Licensed osteopathic physicians and surgeons shall complete a course on the risks of addiction associated with the use of Schedule II drugs. For purposes of this section, “American Osteopathic Association Category 1” means continuing education activities and programs approved for Category 1 credit by the Committee on Continuing Medical Education of the American Osteopathic Association. (Amended by Stats. 2021, Ch. 649, Sec. 25. (SB 806) Effective January 1, 2022.)
  104. 2454.6.

    ## 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 21. Provisions Applicable to Osteopathic Physicians and Surgeons [2450 - 2459.7] ( Article 21 added by Stats. 1980, Ch. 1313, Sec. 2. )

    Verify source ↗

    The board must consider including a course on infection-associated chronic conditions in its continuing education requirements.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 21. Provisions Applicable to Osteopathic Physicians and Surgeons [2450 - 2459.7] ( Article 21 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2454.6. In determining its continuing education requirements, the board shall consider including a course in infection-associated chronic conditions, including, but not limited to, long COVID, as defined by the United States Department of Health and Human Services, myalgic encephalomyelitis, and dysautonomia. (Added by Stats. 2024, Ch. 433, Sec. 2. (AB 3119) Effective January 1, 2025.)
  105. 2454.7.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 21. Provisions Applicable to Osteopathic Physicians and Surgeons [2450 - 2459.7] ( Article 21 added by Stats. 1980, Ch. 1313, Sec. 2. )

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    Starting July 1, 2027, qualifying osteopathic physicians and surgeons earn continuing education credit for approved menopause-related coursework, with a cap of eight course hours.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 21. Provisions Applicable to Osteopathic Physicians and Surgeons [2450 - 2459.7] ( Article 21 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2454.7. (a) Beginning July 1, 2027, a qualifying osteopathic physician and surgeon who completes continuing medical education courses in perimenopause, menopause, and postmenopausal care shall receive two hours of credit for each hour completed of that coursework, for a total earned credit that does not exceed eight course hours, toward the requirement set forth in Section 1635 of Title 16 of the California Code of Regulations. (b) For purposes of this section, “qualifying osteopathic physician and surgeon” means a holder of a physician’s and surgeon’s certificate who is certified by a member board of the American Board of Medical Specialties or the American Osteopathic Association in internal medicine, family medicine, obstetrics and gynecology, neurology, neurological surgery, or psychiatry and whose patient population is composed of adult women under 65 years of age. (Added by Stats. 2026, Ch. 27, Sec. 3. (SB 164) Effective June 29, 2026.)
  106. 2455.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 21. Provisions Applicable to Osteopathic Physicians and Surgeons [2450 - 2459.7] ( Article 21 added by Stats. 1980, Ch. 1313, Sec. 2. )

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    This section sets fees for osteopathic certificates and limits how board fee money may be used.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 21. Provisions Applicable to Osteopathic Physicians and Surgeons [2450 - 2459.7] ( Article 21 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2455. The amount of fees and refunds is that established by the following schedule for any certificate issued by the Osteopathic Medical Board of California. All other fees and refunds for any certificate issued by the Osteopathic Medical Board of California which are not prescribed in this schedule, are prescribed in Sections 2455.1 and 2456. Any and all fees received by the Osteopathic Medical Board of California shall be for the sole purpose of the operation of the board and shall not be used for any other purpose, except as specified in Section 2455.1. (a) Each applicant for an original or reciprocity Physicians and Surgeons Certificate shall pay an application fee in a sum not to exceed four hundred dollars ($400) at the time his or her application is filed. (b) The biennial license fee, unless otherwise provided, shall be set by the board on or before November 1 of each year for the ensuing calendar year at a sum as the board determines necessary to defray the expenses of administering this chapter, under the Osteopathic Act, relating to the issuance of certificates to those applicants, which sum, however, shall not exceed four hundred dollars ($400) nor be less than twenty-five dollars ($25). (c) The board shall set a biennial license fee in an amount less than that levied pursuant to subdivision (b) that shall be paid by any applicant who indicates to the board in writing that he or she does not intend to practice under the Osteopathic Act during the current renewal period. (d) The fee for failure to pay the biennial license fee shall be 50 percent of the renewal fee but not more than two hundred dollars ($200). (Amended by Stats. 2009, Ch. 600, Sec. 2. (SB 606) Effective January 1, 2010.)
  107. 2455.1.

    ## 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 21. Provisions Applicable to Osteopathic Physicians and Surgeons [2450 - 2459.7] ( Article 21 added by Stats. 1980, Ch. 1313, Sec. 2. )

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    The board must charge an extra $25 fee to applicants for certain certificates or licenses, develop a voluntary contribution payment mechanism by July 1, 2015, and transfer collected funds monthly to the Medically Underserved Account for Physicians.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 21. Provisions Applicable to Osteopathic Physicians and Surgeons [2450 - 2459.7] ( Article 21 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2455.1. (a) In addition to the fees charged pursuant to Section 2455, and at the time those fees are charged, the board shall charge each applicant for an original or reciprocity certificate or for a biennial license an additional twenty-five-dollar ($25) fee for the purposes of this section. This twenty-five-dollar ($25) fee shall be due and payable along with the fee for the original or reciprocity certificate or the biennial license. (b) On or before July 1, 2015, the board shall develop a mechanism for an osteopathic physician and surgeon to pay a voluntary contribution, at the time of initial application for licensure or biennial renewal, for the purposes of this section. (c) The board shall transfer all funds collected pursuant to this section, on a monthly basis, to the Medically Underserved Account for Physicians created by Section 128555 of the Health and Safety Code for the purposes of the Steven M. Thompson Physician Corps Loan Repayment Program. Notwithstanding Section 128555 of the Health and Safety Code, these funds shall not be used to provide funding for the Physician Volunteer Program. (Amended by Stats. 2014, Ch. 439, Sec. 2. (SB 1116) Effective January 1, 2015.)
  108. 2455.2.

    ## 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 21. Provisions Applicable to Osteopathic Physicians and Surgeons [2450 - 2459.7] ( Article 21 added by Stats. 1980, Ch. 1313, Sec. 2. )

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    Licensed osteopathic physicians and surgeons must report certain information to the Osteopathic Medical Board of California when they are first licensed or renew their license, and they may also report cultural background and foreign language proficiency.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 21. Provisions Applicable to Osteopathic Physicians and Surgeons [2450 - 2459.7] ( Article 21 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2455.2. (a) A licensed osteopathic physician and surgeon shall report to the Osteopathic Medical Board of California, at the time of initial licensure, any specialty board certification that he or she holds that is issued by a member board of the American Board of Medical Specialties or approved by the Osteopathic Medical Board of California. (b) A licensed osteopathic physician and surgeon shall also report to the board, at the time of license renewal, his or her practice status, designated as one of the following: (1) Full-time practice in California. (2) Full-time practice outside of California. (3) Part-time practice in California. (4) Medical administrative employment that does not include direct patient care. (5) Retired. (6) Other practice status, as may be further defined by the board. (c) A licensed osteopathic physician and surgeon may report to the board, at the time of initial licensure and license renewal, and the board shall collect, information regarding his or her cultural background and foreign language proficiency. (d) The information collected pursuant to this section may be placed on the board’s Internet Web site. (e) This section shall become operative on July 1, 2010. (Added by Stats. 2009, Ch. 602, Sec. 1. (SB 620) Effective January 1, 2010. Section operative July 1, 2010, by its own provisions.)
  109. 2456.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 21. Provisions Applicable to Osteopathic Physicians and Surgeons [2450 - 2459.7] ( Article 21 added by Stats. 1980, Ch. 1313, Sec. 2. )

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    Certificate holders must pay a biennial license fee to the Osteopathic Medical Board of California. Fictitious name permits expire every December 31, and the initial and renewal permit fees may not exceed $100 each.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 21. Provisions Applicable to Osteopathic Physicians and Surgeons [2450 - 2459.7] ( Article 21 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2456. (a) Each person holding a certificate issued by the Osteopathic Medical Board of California residing in or out of California shall pay the board a biennial license fee. (b) Fictitious name permits issued by the Osteopathic Medical Board of California as provided in Section 2415 shall expire on December 31 of each year. The initial permit fee shall not exceed one hundred dollars ($100) and the renewal permit fee shall not exceed one hundred dollars ($100). (Amended by Stats. 2004, Ch. 691, Sec. 2. Effective January 1, 2005.)
  110. 2456.1.

    ## 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 21. Provisions Applicable to Osteopathic Physicians and Surgeons [2450 - 2459.7] ( Article 21 added by Stats. 1980, Ch. 1313, Sec. 2. )

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    Osteopathic physician and surgeon certificates are valid for two years, and renewal requires filing on the board’s form and paying the renewal fee before expiration.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 21. Provisions Applicable to Osteopathic Physicians and Surgeons [2450 - 2459.7] ( Article 21 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2456.1. All osteopathic physician’s and surgeon’s certificates shall be issued for two years and shall expire at midnight on the last day of the month in which the license was issued during the second year of the two-year term if not renewed on or before that day. To renew an unexpired license, the licensee shall, on or before the dates on which it would otherwise expire, apply for renewal on a form prescribed by the board and pay the prescribed renewal fee. (Amended by Stats. 2022, Ch. 625, Sec. 4. (SB 1443) Effective January 1, 2023.)
  111. 2456.2.

    ## 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 21. Provisions Applicable to Osteopathic Physicians and Surgeons [2450 - 2459.7] ( Article 21 added by Stats. 1980, Ch. 1313, Sec. 2. )

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    The board must mail notice to a physician and surgeon who fails to renew within 60 days after expiration. A licensee who lets a license expire must pay the renewal fee and delinquency fee, and renewal within six months is retroactive to the expiration date.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 21. Provisions Applicable to Osteopathic Physicians and Surgeons [2450 - 2459.7] ( Article 21 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2456.2. (a) The board shall notify in writing by certified mail, return receipt requested, any physician and surgeon who does not renew his or her license within 60 days from its date of expiration. (b) Any licensee who does not renew his or her expired license on or before its date of expiration shall pay all the following fees: (1) The renewal fee in effect at the time of renewal. (2) The delinquency fee required by Section 2455. (c) Notwithstanding any other provision of law, the renewal of any expired physician’s and surgeon’s license within six months from its date of expiration shall be retroactive to the date of expiration of that license. (Added by Stats. 1987, Ch. 934, Sec. 3.)
  112. 2456.3.

    ## 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 21. Provisions Applicable to Osteopathic Physicians and Surgeons [2450 - 2459.7] ( Article 21 added by Stats. 1980, Ch. 1313, Sec. 2. )

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    An expired license may be renewed within five years after expiration if the holder files a board-prescribed renewal application and pays the required fees.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 21. Provisions Applicable to Osteopathic Physicians and Surgeons [2450 - 2459.7] ( Article 21 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2456.3. Except as provided in Section 2429, a license which has expired may be renewed at any time within five years after its expiration by filing an application for renewal on a form prescribed by the board and payment of all accrued renewal fees and any other fees required by Section 2455. Except as provided in Section 2456.2, renewal under this section shall be effective on the date on which the renewal application is filed, on the date on which the renewal fee or accrued renewal fees are paid, or on the date on which the delinquency fee or the delinquency fee and penalty fee, if any, are paid, whichever last occurs. If so renewed, the license shall continue in effect through the expiration date set forth in Section 2456.1 which next occurs after the effective date of the renewal. (Added by Stats. 1987, Ch. 934, Sec. 4.)
  113. 2457.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 21. Provisions Applicable to Osteopathic Physicians and Surgeons [2450 - 2459.7] ( Article 21 added by Stats. 1980, Ch. 1313, Sec. 2. )

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    If a certificate holder does not pay the biennial license fee while the certificate is in force, the certificate is forfeited 60 days after expiration.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 21. Provisions Applicable to Osteopathic Physicians and Surgeons [2450 - 2459.7] ( Article 21 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2457. The failure of any person holding a certificate issued by the Osteopathic Medical Board of California to pay the biennial license fee during the time his or her certificate remains in force shall automatically work a forfeiture of his or her certificate after a period of 60 days from the date of expiration. The certificate shall not be restored except upon written application and the payment to the Osteopathic Medical Board of California of the fee provided by this article. No examination shall be required for the reissuance of a certificate that was forfeited under the provisions of this section. (Amended by Stats. 2004, Ch. 691, Sec. 3. Effective January 1, 2005.)
  114. 2457.5.

    ## 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 21. Provisions Applicable to Osteopathic Physicians and Surgeons [2450 - 2459.7] ( Article 21 added by Stats. 1980, Ch. 1313, Sec. 2. )

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    An osteopathic physician and surgeon may not charge or obtain an unconscionable fee for professional services rendered to a patient.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 21. Provisions Applicable to Osteopathic Physicians and Surgeons [2450 - 2459.7] ( Article 21 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2457.5. (a) In addition to Article 12 (commencing with Section 2220), the charging, or obtaining of an unconscionable fee for professional services rendered to a patient by an osteopathic physician and surgeon constitutes unprofessional conduct and is grounds for disciplinary action. (b) A fee is unconscionable within the meaning of this section when it is so exorbitant and wholly disproportionate to the services performed as to shock the conscience of physicians of ordinary prudence practicing in the same community. Factors to be considered, where appropriate, in determining the reasonableness of a fee, are based on the circumstances existing at the time of the service and shall include, but not be limited to, the following: (1) The time and effort required. (2) The novelty and difficulty of the procedure and treatment. (3) The skill required to perform the procedure or treatment properly. (4) The likelihood, if apparent to the patient, that the proper treatment of the patient will preclude the physician from remuneration from other sources. (5) Any requirements or conditions imposed by the patient or by the circumstances. (6) The nature and length of the professional relationship with the patient. (7) The experience, reputation, and ability of the physician performing the services. (8) The results obtained. (9) The existence of full fee disclosure and knowing patient consent. (Added by Stats. 1988, Ch. 325, Sec. 1.)
  115. 2458.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 21. Provisions Applicable to Osteopathic Physicians and Surgeons [2450 - 2459.7] ( Article 21 added by Stats. 1980, Ch. 1313, Sec. 2. )

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    If the Osteopathic Medical Board of California starts the prosecution, 75% of fines and bail forfeitures must be paid to the board and credited to its contingent fund.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 21. Provisions Applicable to Osteopathic Physicians and Surgeons [2450 - 2459.7] ( Article 21 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2458. When the prosecution for a violation of this chapter is initiated by the Osteopathic Medical Board of California, 75 percent of all fines and forfeitures of bail shall be paid upon the collection by the proper officer of the court to the board to be deposited by it to the credit of the contingent fund of the Osteopathic Medical Board of California. The payment to the board shall be made without placing the fine or forfeiture of bail in any special, contingent, or general fund in any city, county, or city and county. (Amended by Stats. 1991, Ch. 359, Sec. 24.)
  116. 2459.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 21. Provisions Applicable to Osteopathic Physicians and Surgeons [2450 - 2459.7] ( Article 21 added by Stats. 1980, Ch. 1313, Sec. 2. )

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    The Osteopathic Medical Board of California may not issue drugless practitioner’s certificates, but current holders may keep practicing and may renew their certificates, subject to this chapter.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 21. Provisions Applicable to Osteopathic Physicians and Surgeons [2450 - 2459.7] ( Article 21 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2459. The Osteopathic Medical Board of California shall not issue any drugless practitioner’s certificates under this chapter or any other law. All persons holding drugless practitioner’s certificates may continue to practice under the authorization of their certificates and may renew them, subject to this chapter. (Amended by Stats. 1991, Ch. 359, Sec. 25.)
  117. 2459.4.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 21. Provisions Applicable to Osteopathic Physicians and Surgeons [2450 - 2459.7] ( Article 21 added by Stats. 1980, Ch. 1313, Sec. 2. )

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    The board must require certain probation disclosures to be given to patients before the first visit after a probationary order, and the licensee must obtain a signed copy. The board must also display probation information on the licensee’s online profile page.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 21. Provisions Applicable to Osteopathic Physicians and Surgeons [2450 - 2459.7] ( Article 21 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2459.4. (a) On and after July 1, 2019, except as otherwise provided in subdivision (c), the board 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 Web site, 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 contendre 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 Web site. (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) A violation of this section shall not be punishable as a crime. (f) For purposes of this section: (1) “Board” means the Osteopathic Medical Board of California. (2) “Licensee” means a person licensed by the Osteopathic Medical Board of California. (Added by Stats. 2018, Ch. 570, Sec. 5. (SB 1448) Effective January 1, 2019.)
  118. 2459.5.

    ## 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 21. Provisions Applicable to Osteopathic Physicians and Surgeons [2450 - 2459.7] ( Article 21 added by Stats. 1980, Ch. 1313, Sec. 2. )

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    A licensed osteopathic physician and surgeon may use an aide to help provide osteopathic manipulative treatment, but the aide must stay under that physician’s orders, direction, and immediate supervision.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 21. Provisions Applicable to Osteopathic Physicians and Surgeons [2450 - 2459.7] ( Article 21 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2459.5. An osteopathic physician and surgeon licensed pursuant to the Osteopathic Initiative Act may utilize the services of an aide to assist the osteopathic physician and surgeon in the rendering of osteopathic manipulative treatment. The aide shall at all times be under the orders, direction, and immediate supervision of the osteopathic physician and surgeon. Nothing in this section shall authorize an aide to function independently of the osteopathic physician and surgeon or shall be construed as authorizing an osteopathic aide to practice medicine, surgery, or any other form of healing art. (Added by Stats. 1990, Ch. 873, Sec. 2.)
  119. 2459.6.

    ## 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 21. Provisions Applicable to Osteopathic Physicians and Surgeons [2450 - 2459.7] ( Article 21 added by Stats. 1980, Ch. 1313, Sec. 2. )

    Verify source ↗

    This section defines osteopathic aides and patient-related tasks, and limits what aides and supervising osteopathic physicians and surgeons may do.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 21. Provisions Applicable to Osteopathic Physicians and Surgeons [2450 - 2459.7] ( Article 21 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2459.6. (a) For the purposes of Section 2459.5 and this section: (1) “Osteopathic physician and surgeon” means a person defined in the Osteopathic Initiative Act. (2) “Osteopathic manipulative treatment” means the therapeutic application of manually guided forces by an osteopathic physician and surgeon to alleviate somatic dysfunction. (3) “Somatic dysfunction” means an impaired or altered function of related components of the somatic system. (4) An “osteopathic aide” means an unlicensed person who assists an osteopathic physician and surgeon in the provision of osteopathic manipulative treatment provided that assistance is rendered under the supervision of an osteopathic physician and surgeon licensed pursuant to the Osteopathic Initiative Act. An aide is not authorized to perform osteopathic manipulative procedures. (5) “Under the orders, direction and immediate supervision” means the evaluation of the patient by the osteopathic physician prior to the performing of an osteopathic manipulative treatment patient-related task by the aide, the formulation and recording in the patient’s record by the osteopathic physician and surgeon of an osteopathic manipulative treatment program based upon the evaluation, and any other information available to the osteopathic physician and surgeon prior to any delegation of a task to an aide. The osteopathic physician and surgeon shall assign only those patient-related tasks that can be safely and effectively performed by the aide. The supervising osteopathic physician and surgeon shall be responsible at all times for the conduct of the aide while he or she is on duty and shall provide continuous and immediate supervision of the aide. The osteopathic physician and surgeon shall be in the same facility as, and in proximity to, the location where the aide is performing patient-related tasks and shall be readily available at all times to provide advice or instructions to the aide. (6) A “patient-related task” is restricted to assisting the osteopathic physician and surgeon in the rendering of osteopathic manipulative treatment. (b) Osteopathic aides may not use roentgen rays and radioactive materials. (c) The board shall require the supervising osteopathic physician and surgeon to conduct orientation of the aide regarding patient-related tasks. (d) No osteopathic physician and surgeon shall supervise more than two osteopathic aides at any one time. (Added by Stats. 1990, Ch. 873, Sec. 3.)
  120. 2459.7.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 21. Provisions Applicable to Osteopathic Physicians and Surgeons [2450 - 2459.7] ( Article 21 added by Stats. 1980, Ch. 1313, Sec. 2. )

    Verify source ↗

    An osteopathic physician and surgeon must not use an osteopathic aide to do work beyond what Sections 2459.5 and 2459.6 allow.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 21. Provisions Applicable to Osteopathic Physicians and Surgeons [2450 - 2459.7] ( Article 21 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2459.7. Notwithstanding any other provision of law, no osteopathic physician and surgeon shall utilize an osteopathic aide to perform services other than those specified in Sections 2459.5 and 2459.6. A violation of this section constitutes unprofessional conduct and is grounds for disciplinary action. (Added by Stats. 1990, Ch. 873, Sec. 4.)
  121. 2460.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 22. Podiatric Medicine [2460 - 2499.8] ( Article 22 added by Stats. 1980, Ch. 1313, Sec. 2. )

    Verify source ↗

    This section creates the Podiatric Medical Board of California in the Department of Consumer Affairs and says older references to the California Board of Podiatric Medicine mean this board.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 22. Podiatric Medicine [2460 - 2499.8] ( Article 22 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2460. (a) There is created in the Department of Consumer Affairs the Podiatric Medical Board of California. Any reference in any provision of law to the California Board of Podiatric Medicine shall be deemed to refer to the Podiatric Medical Board of California. (b) The amendments made by Chapter 775 of the Statutes of 2017 relating to podiatrists shall not be construed to change any rights or privileges held by podiatrists prior to the enactment of that act. (c) This section shall remain in effect only until January 1, 2030, and as of that date is repealed. (Amended by Stats. 2025, Ch. 194, Sec. 1. (AB 1501) Effective January 1, 2026. Repealed as of January 1, 2030, by its own provisions.)
  122. 2460.1.

    ## 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 22. Podiatric Medicine [2460 - 2499.8] ( Article 22 added by Stats. 1980, Ch. 1313, Sec. 2. )

    Verify source ↗

    If Section 2460 is repealed, the Podiatric Medical Board of California becomes subject to review by the Legislature’s appropriate policy committees.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 22. Podiatric Medicine [2460 - 2499.8] ( Article 22 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2460.1. Notwithstanding any other law, the repeal of Section 2460 renders the Podiatric Medical Board of California subject to review by the appropriate policy committees of the Legislature. (Added by Stats. 2025, Ch. 194, Sec. 2. (AB 1501) Effective January 1, 2026.)
  123. 2460.2.

    ## 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 22. Podiatric Medicine [2460 - 2499.8] ( Article 22 added by Stats. 1980, Ch. 1313, Sec. 2. )

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    The Podiatric Medical Board of California must make protection of the public its highest priority when carrying out licensing, regulatory, and disciplinary functions.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 22. Podiatric Medicine [2460 - 2499.8] ( Article 22 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2460.2. Protection of the public shall be the highest priority for the Podiatric Medical Board of California in exercising its licensing, regulatory, and disciplinary functions. Whenever the protection of the public is inconsistent with other interests sought to be promoted, the protection of the public shall be paramount. (Added by renumbering Section 2460.1 by Stats. 2025, Ch. 194, Sec. 3. (AB 1501) Effective January 1, 2026.)
  124. 2461.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 22. Podiatric Medicine [2460 - 2499.8] ( Article 22 added by Stats. 1980, Ch. 1313, Sec. 2. )

    Verify source ↗

    This section defines “Board” and “Podiatric licensing authority,” and says the section becomes operative on July 1, 2019.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 22. Podiatric Medicine [2460 - 2499.8] ( Article 22 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2461. (a) As used in this article: (1) “Board” means the Podiatric Medical Board of California. (2) “Podiatric licensing authority” refers to any officer, board, commission, committee, or department of another state that may issue a license to practice podiatric medicine. (b) This section shall become operative on July 1, 2019. (Repealed and added by Stats. 2018, Ch. 102, Sec. 3. (AB 2457) Effective January 1, 2019. Section operative July 1, 2019, by its own provisions.)
  125. 2462.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 22. Podiatric Medicine [2460 - 2499.8] ( Article 22 added by Stats. 1980, Ch. 1313, Sec. 2. )

    Verify source ↗

    This section sets the podiatric medicine board’s membership and who appoints its members.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 22. Podiatric Medicine [2460 - 2499.8] ( Article 22 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2462. The board shall consist of seven members, three of whom shall be public members. Not more than one member of the board shall be a full-time faculty member of a college or school of podiatric medicine. The Governor shall appoint the four members qualified as provided in Section 2463 and one public member. The Senate Rules Committee and the Speaker of the Assembly shall each appoint a public member. (Amended by Stats. 2004, Ch. 695, Sec. 14. Effective January 1, 2005.)
  126. 2463.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 22. Podiatric Medicine [2460 - 2499.8] ( Article 22 added by Stats. 1980, Ch. 1313, Sec. 2. )

    Verify source ↗

    Board members, except public members, must be appointed from persons who meet listed qualifications.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 22. Podiatric Medicine [2460 - 2499.8] ( Article 22 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2463. Each member of the board, except the public members, shall be appointed from persons having all of the following qualifications: (a) Be a citizen of this state for at least five years next preceding his or her appointment. (b) Be a graduate of a recognized school or college of podiatric medicine. (c) Have a valid certificate to practice podiatric medicine in this state. (d) Have engaged in the practice of podiatric medicine in this state for at least five years next preceding his or her appointment. (Amended by Stats. 1986, Ch. 655, Sec. 10.)
  127. 2464.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 22. Podiatric Medicine [2460 - 2499.8] ( Article 22 added by Stats. 1980, Ch. 1313, Sec. 2. )

    Verify source ↗

    Public members must be appointed from people who meet three qualifications: five years of state citizenship, no role as officer or faculty member at a podiatric medical school, and no licensure from the relevant boards.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 22. Podiatric Medicine [2460 - 2499.8] ( Article 22 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2464. The public members shall be appointed from persons having all of the following qualifications: (a) Be a citizen of this state for at least five years next preceding his or her appointment. (b) Shall not be an officer or faculty member of any college, school, or other institution engaged in podiatric medical instruction. (c) Shall not be a licentiate of the board or of any board under this division or of any board created by an initiative act under this division. (Amended by Stats. 1986, Ch. 655, Sec. 11.)
  128. 2465.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 22. Podiatric Medicine [2460 - 2499.8] ( Article 22 added by Stats. 1980, Ch. 1313, Sec. 2. )

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    A person with an interest in a college, school, or other institution that teaches podiatric medicine cannot be appointed to the board, and current board members cannot have or acquire such an interest.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 22. Podiatric Medicine [2460 - 2499.8] ( Article 22 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2465. No person who directly or indirectly owns any interest in any college, school, or other institution engaged in podiatric medical instruction shall be appointed to the board nor shall any incumbent member of the board have or acquire any interest, direct or indirect, in any such college, school, or institution. (Amended by Stats. 2012, Ch. 332, Sec. 14. (SB 1236) Effective January 1, 2013.)
  129. 2466.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 22. Podiatric Medicine [2460 - 2499.8] ( Article 22 added by Stats. 1980, Ch. 1313, Sec. 2. )

    Verify source ↗

    Board members are appointed for four-year terms, vacancies must be filled immediately by the appointing power, and no person may serve more than two consecutive terms.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 22. Podiatric Medicine [2460 - 2499.8] ( Article 22 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2466. All members of the board shall be appointed for terms of four years. Vacancies shall immediately be filled by the appointing power for the unexpired portion of the terms in which they occur. No person shall serve as a member of the board for more than two consecutive terms. (Amended by Stats. 2005, Ch. 621, Sec. 29. Effective January 1, 2006.)
  130. 2467.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 22. Podiatric Medicine [2460 - 2499.8] ( Article 22 added by Stats. 1980, Ch. 1313, Sec. 2. )

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    The board may hold meetings when it thinks necessary, with four members forming a quorum, and the board must elect a president, vice president, and secretary from among its members.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 22. Podiatric Medicine [2460 - 2499.8] ( Article 22 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2467. (a) The board may convene from time to time as it deems necessary. (b) Four members of the board constitute a quorum for the transaction of business at any meeting. (c) It shall require the affirmative vote of a majority of those members present at a meeting, those members constituting at least a quorum, to pass any motion, resolution, or measure. (d) The board shall elect from its members a president, a vice president, and a secretary who shall hold their respective positions at the pleasure of the board. The president may call meetings of the board and any duly appointed committee at a specified time and place. (Amended by Stats. 2016, Ch. 489, Sec. 8. (SB 1478) Effective January 1, 2017.)
  131. 2468.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 22. Podiatric Medicine [2460 - 2499.8] ( Article 22 added by Stats. 1980, Ch. 1313, Sec. 2. )

    Verify source ↗

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

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 22. Podiatric Medicine [2460 - 2499.8] ( Article 22 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2468. Notice of each meeting of the board shall be given in accordance with the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code). (Amended by Stats. 2000, Ch. 836, Sec. 15. Effective January 1, 2001.)
  132. 2469.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 22. Podiatric Medicine [2460 - 2499.8] ( Article 22 added by Stats. 1980, Ch. 1313, Sec. 2. )

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    Each board member is entitled to per diem and expenses as provided in Section 2016.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 22. Podiatric Medicine [2460 - 2499.8] ( Article 22 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2469. Each member of the board shall receive per diem and expenses as provided in Section 2016. (Amended by Stats. 1986, Ch. 655, Sec. 16.)
  133. 2470.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 22. Podiatric Medicine [2460 - 2499.8] ( Article 22 added by Stats. 1980, Ch. 1313, Sec. 2. )

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    The board may adopt, amend, or repeal regulations needed to carry out laws on podiatric medicine, as long as it follows the Administrative Procedure Act.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 22. Podiatric Medicine [2460 - 2499.8] ( Article 22 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2470. The board may adopt, amend, or repeal, in accordance with the provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), regulations necessary to enable the board to carry into effect the provisions of law relating to the practice of podiatric medicine. (Amended by Stats. 2025, Ch. 194, Sec. 4. (AB 1501) Effective January 1, 2026.)
  134. 2471.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 22. Podiatric Medicine [2460 - 2499.8] ( Article 22 added by Stats. 1980, Ch. 1313, Sec. 2. )

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    The board may employ necessary personnel for this chapter, but only within the funds it receives and subject to Section 159.5.

    ## 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 22. Podiatric Medicine [2460 - 2499.8] ( Article 22 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2471. Except as provided by Section 159.5, the board may employ, within the limits of the funds received by the board, all personnel necessary to carry out this chapter. (Added by Stats. 2007, Ch. 588, Sec. 32. Effective January 1, 2008.)
  135. 2472.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 22. Podiatric Medicine [2460 - 2499.8] ( Article 22 added by Stats. 1980, Ch. 1313, Sec. 2. )

    Verify source ↗

    This section defines podiatric medicine and sets what a doctor of podiatric medicine may and may not do, including limits on anesthesia and where certain ankle surgery may be performed.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 22. Podiatric Medicine [2460 - 2499.8] ( Article 22 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2472. (a) The certificate to practice podiatric medicine authorizes the holder to practice podiatric medicine. (b) As used in this chapter, “podiatric medicine” means the diagnosis, medical, surgical, mechanical, manipulative, and electrical treatment of the human foot, including the ankle and tendons that insert into the foot and the nonsurgical treatment of the muscles and tendons of the leg governing the functions of the foot. (c) A doctor of podiatric medicine shall not administer an anesthetic other than local. If an anesthetic other than local is required for any procedure, the anesthetic shall be administered by another licensed health care practitioner who is authorized to administer the required anesthetic within the scope of their practice. (d) (1) A doctor of podiatric medicine may do the following: (A) Perform surgical treatment of the ankle and tendons at the level of the ankle pursuant to subdivision (e). (B) Perform services under the direct supervision of a physician and surgeon, as an assistant at surgery, in surgical procedures that are otherwise beyond the scope of practice of a doctor of podiatric medicine. (C) Perform a partial amputation of the foot no further proximal than the Chopart’s joint. (2) Nothing in this subdivision shall be construed to permit a doctor of podiatric medicine to function as a primary surgeon for any procedure beyond their scope of practice. (e) A doctor of podiatric medicine may perform surgical treatment of the ankle and tendons at the level of the ankle only in the following locations: (1) A licensed general acute care hospital, as defined in Section 1250 of the Health and Safety Code. (2) A licensed surgical clinic, as defined in Section 1204 of the Health and Safety Code, if the doctor of podiatric medicine has surgical privileges, including the privilege to perform surgery on the ankle, in a general acute care hospital described in paragraph (1) and meets all the protocols of the surgical clinic. (3) An ambulatory surgical center that is certified to participate in the Medicare Program under Title XVIII (42 U.S.C. Sec. 1395 et seq.) of the federal Social Security Act, if the doctor of podiatric medicine has surgical privileges, including the privilege to perform surgery on the ankle, in a general acute care hospital described in paragraph (1) and meets all the protocols of the surgical center. (4) A freestanding physical plant housing outpatient services of a licensed general acute care hospital, as defined in Section 1250 of the Health and Safety Code, if the doctor of podiatric medicine has surgical privileges, including the privilege to perform surgery on the ankle, in a general acute care hospital described in paragraph (1). For purposes of this section, a “freestanding physical plant” means any building that is not physically attached to a building where inpatient services are provided. (5) An outpatient setting accredited pursuant to subdivision (g) of Section 1248.1 of the Health and Safety Code. (f) Notwithstanding subdivision (b), a doctor of podiatric medicine with training or experience in wound care may treat ulcers resulting from local and systemic etiologies on the leg no further proximal than the tibial tubercle. (Amended by Stats. 2025, Ch. 194, Sec. 5. (AB 1501) Effective January 1, 2026.)
  136. 2473.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 22. Podiatric Medicine [2460 - 2499.8] ( Article 22 added by Stats. 1980, Ch. 1313, Sec. 2. )

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    A doctor of podiatric medicine may independently give influenza and COVID-19 vaccines to people age 3 or older, but must complete biennial immunization training and follow recordkeeping and reporting rules.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 22. Podiatric Medicine [2460 - 2499.8] ( Article 22 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2473. (a) A doctor of podiatric medicine may independently prescribe and administer influenza and COVID-19 vaccines, consistent with recommendations adopted pursuant to Section 120164 of the Health and Safety Code, to persons three years of age or older. (b) In order to prescribe and administer a vaccine described in subdivision (a), a doctor of podiatric medicine shall do all of the following: (1) Complete an immunization training program biennially that is either offered by the CDC or taken through a registered provider approved by the board that, at a minimum, includes vaccine administration, prevention and management of adverse reactions, and maintenance of vaccine records. (2) Comply with all state and federal recordkeeping and reporting requirements, including providing documentation to the patient’s primary care provider, if applicable, and entering in the information in the appropriate immunization registry designated by the Immunization Branch of the State Department of Public Health. (c) The board may adopt regulations to implement this section. The adoption, amendment, repeal, or readoption of a regulation authorized by this section is deemed to address an emergency, for purposes of Sections 11346.1 and 11349.6 of the Government Code, and the board is hereby exempted for this purpose from the requirements of subdivision (b) of Section 11346.1 of the Government Code. For purposes of subdivision (e) of Section 11346.1 of the Government Code, the 180-day period, as applicable to the effective period of an emergency regulatory action and submission of specified materials to the Office of Administrative Law, is hereby extended to 240 days. (Amended by Stats. 2025, Ch. 105, Sec. 6. (AB 144) Effective September 17, 2025.)
  137. 2474.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 22. Podiatric Medicine [2460 - 2499.8] ( Article 22 added by Stats. 1980, Ch. 1313, Sec. 2. )

    Verify source ↗

    A person may not use podiatric medicine titles or hold themselves out as practicing podiatric medicine without a valid, unrevoked, and unsuspended certificate.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 22. Podiatric Medicine [2460 - 2499.8] ( Article 22 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2474. (a) Any person who uses in any sign or in any advertisement or otherwise, the word or words “doctor of podiatric medicine,” “doctor of podiatry,” “podiatric doctor,” “podiatric surgeon,” “D.P.M.,” “podiatrist,” “foot specialist,” or any other term or terms or any letters indicating or implying that they are a doctor of podiatric medicine, or that they practice podiatric medicine, or hold themselves out as practicing podiatric medicine or foot correction as defined in Section 2472, without having at the time of so doing a valid, unrevoked, and unsuspended certificate as provided for in this chapter, is guilty of a misdemeanor. (b) It is the policy of this state that a doctor of podiatric medicine shall be classified or treated as a doctor of podiatric medicine and shall not be classified or treated as an ancillary provider or other allied health professional in any health care setting or insurance reimbursement structure for any purpose. (Amended by Stats. 2025, Ch. 194, Sec. 6. (AB 1501) Effective January 1, 2026.)
  138. 2475.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 22. Podiatric Medicine [2460 - 2499.8] ( Article 22 added by Stats. 1980, Ch. 1313, Sec. 2. )

    Verify source ↗

    Certain trainees and instructors may not practice podiatric medicine, take compensation for it, or offer to do it unless they have a valid board-issued certificate. Some licensed graduates in approved training programs may practice and be paid under specified 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 22. Podiatric Medicine [2460 - 2499.8] ( Article 22 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2475. Unless otherwise provided by law, no postgraduate trainee, intern, resident postdoctoral fellow, or instructor may engage in the practice of podiatric medicine, or receive compensation therefor, or offer to engage in the practice of podiatric medicine unless he or she holds a valid, unrevoked, and unsuspended certificate to practice podiatric medicine issued by the board. However, a graduate of an approved college or school of podiatric medicine upon whom the degree doctor of podiatric medicine has been conferred, who is issued a resident’s license, which may be renewed annually for up to eight years for this purpose by the board, and who is enrolled in a postgraduate training program approved by the board, may engage in the practice of podiatric medicine whenever and wherever required as a part of that program and may receive compensation for that practice under the following conditions: (a) A graduate with a resident’s license in an approved internship, residency, or fellowship program may participate in training rotations outside the scope of podiatric medicine, under the supervision of a physician and surgeon who holds a medical doctor or doctor of osteopathy degree wherever and whenever required as a part of the training program, and may receive compensation for that practice. If the graduate fails to receive a license to practice podiatric medicine under this chapter within three years from the commencement of the postgraduate training, all privileges and exemptions under this section shall automatically cease. (b) Hospitals functioning as a part of the teaching program of an approved college or school of podiatric medicine in this state may exchange instructors or resident or assistant resident doctors of podiatric medicine with another approved college or school of podiatric medicine not located in this state, or those hospitals may appoint a graduate of an approved school as such a resident for purposes of postgraduate training. Those instructors and residents may practice and be compensated as provided in this section, but that practice and compensation shall be for a period not to exceed two years. (Amended by Stats. 2017, Ch. 775, Sec. 89. (SB 798) Effective January 1, 2018.)
  139. 2475.1.

    ## 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 22. Podiatric Medicine [2460 - 2499.8] ( Article 22 added by Stats. 1980, Ch. 1313, Sec. 2. )

    Verify source ↗

    An applicant must provide board-satisfactory evidence, submitted directly by the national score reporting institution, showing recent passage of the required podiatric medical exams or an equivalent board-recognized written exam before a resident’s license is issued.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 22. Podiatric Medicine [2460 - 2499.8] ( Article 22 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2475.1. Before a resident’s license may be issued, each applicant shall show by evidence satisfactory to the board, submitted directly to the board by the national score reporting institution, that he or she has, within the past 10 years, passed Parts I and II of the examination administered by the National Board of Podiatric Medical Examiners of the United States or has passed a written examination that is recognized by the board to be the equivalent in content to the examination administered by the National Board of Podiatric Medical Examiners of the United States. (Added by Stats. 2004, Ch. 695, Sec. 14.2. Effective January 1, 2005.)
  140. 2475.2.

    ## 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 22. Podiatric Medicine [2460 - 2499.8] ( Article 22 added by Stats. 1980, Ch. 1313, Sec. 2. )

    Verify source ↗

    This section defines “podiatric residency” as a supervised postgraduate clinical training program lasting one year or more and approved by the board.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 22. Podiatric Medicine [2460 - 2499.8] ( Article 22 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2475.2. As used in this article, “podiatric residency” means a program of supervised postgraduate clinical training, one year or more in duration, approved by the board. (Amended by Stats. 1986, Ch. 655, Sec. 21.)
  141. 2475.3.

    ## 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 22. Podiatric Medicine [2460 - 2499.8] ( Article 22 added by Stats. 1980, Ch. 1313, Sec. 2. )

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    The board must approve podiatric residency programs for applicants for, or holders of, a certificate to practice podiatric medicine. It may approve a residency only if it meets specified accreditation, approval, and state-law requirements.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 22. Podiatric Medicine [2460 - 2499.8] ( Article 22 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2475.3. (a) The board shall approve podiatric residency programs, as defined in Section 2475.2, in the field of podiatric medicine, for persons who are applicants for or have been issued a certificate to practice podiatric medicine pursuant to this article. (b) The board may only approve a podiatric residency that it determines meets all of the following requirements: (1) Reasonably conforms with the Accreditation Council for Graduate Medical Education’s Institutional Requirements of the Essentials of Accredited Residencies in Graduate Medical Education: Institutional and Program Requirements. (2) Is approved by the Council on Podiatric Medical Education. (3) Complies with the requirements of this state. (Amended by Stats. 2003, Ch. 586, Sec. 1. Effective January 1, 2004.)
  142. 2476.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 22. Podiatric Medicine [2460 - 2499.8] ( Article 22 added by Stats. 1980, Ch. 1313, Sec. 2. )

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    A regularly matriculated podiatric medicine student may take part in training beyond podiatric medicine if it is supervised by a physician and surgeon with an MD or DO degree and is prescribed as part of the course of study.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 22. Podiatric Medicine [2460 - 2499.8] ( Article 22 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2476. Nothing in this chapter shall be construed to prevent a regularly matriculated student undertaking a course of professional instruction in an approved college or school of podiatric medicine from participating in training beyond the scope of podiatric medicine under the supervision of a physician and surgeon who holds a medical doctor or doctor of osteopathy degree whenever and wherever prescribed as part of his or her course of study. (Amended by Stats. 1992, Ch. 1289, Sec. 11.4. Effective January 1, 1993.)
  143. 2477.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 22. Podiatric Medicine [2460 - 2499.8] ( Article 22 added by Stats. 1980, Ch. 1313, Sec. 2. )

    Verify source ↗

    This section says the chapter does not prohibit making, recommending, or selling corrective shoes or appliances for human feet.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 22. Podiatric Medicine [2460 - 2499.8] ( Article 22 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2477. Nothing in this chapter prohibits the manufacture, the recommendation, or the sale of either corrective shoes or appliances for the human feet. (Added by Stats. 1980, Ch. 1313, Sec. 2.)
  144. 2479.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 22. Podiatric Medicine [2460 - 2499.8] ( Article 22 added by Stats. 1980, Ch. 1313, Sec. 2. )

    Verify source ↗

    The board must issue a podiatric medicine certificate to each applicant who meets the chapter’s requirements. Applicants must also comply with the specified Article 4 provisions and the rest of this article.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 22. Podiatric Medicine [2460 - 2499.8] ( Article 22 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2479. The board shall issue a certificate to practice podiatric medicine to each applicant who meets the requirements of this chapter. Every applicant for a certificate to practice podiatric medicine shall comply with the provisions of Article 4 (commencing with Section 2080) which are not specifically applicable to applicants for a physician’s and surgeon’s certificate, in addition to the provisions of this article. (Amended by Stats. 2017, Ch. 775, Sec. 90. (SB 798) Effective January 1, 2018.)
  145. 2480.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 22. Podiatric Medicine [2460 - 2499.8] ( Article 22 added by Stats. 1980, Ch. 1313, Sec. 2. )

    Verify source ↗

    The board may investigate and evaluate each applicant for a podiatric medicine certificate and decide whether the applicant may be admitted to the examination and issued a certificate.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 22. Podiatric Medicine [2460 - 2499.8] ( Article 22 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2480. The board shall have full authority to investigate and to evaluate each applicant applying for a certificate to practice podiatric medicine and to make a determination of the admission of the applicant to the examination and the issuance of a certificate in accordance with the provisions and requirements of this chapter. (Amended by Stats. 1986, Ch. 655, Sec. 24.)
  146. 2481.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 22. Podiatric Medicine [2460 - 2499.8] ( Article 22 added by Stats. 1980, Ch. 1313, Sec. 2. )

    Verify source ↗

    Certain podiatric medicine applicants must prove they completed two years of preprofessional postsecondary education before finishing the resident course.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 22. Podiatric Medicine [2460 - 2499.8] ( Article 22 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2481. Each applicant who commenced professional instruction in podiatric medicine after September 1, 1959, shall show by an official transcript or other official evidence submitted directly to the board by the academic institution that he or she has completed two years of preprofessional postsecondary education, or its equivalent, including the subjects of chemistry, biology or other biological science, and physics or mathematics, before completing the resident course of professional instruction. (Amended by Stats. 2003, Ch. 586, Sec. 2. Effective January 1, 2004.)
  147. 2483.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 22. Podiatric Medicine [2460 - 2499.8] ( Article 22 added by Stats. 1980, Ch. 1313, Sec. 2. )

    Verify source ↗

    Applicants for a podiatric medicine certificate must prove they completed a board-approved curriculum of at least four academic years, 32 months, and 4,000 total hours; the board may set equivalent-training standards by regulation.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 22. Podiatric Medicine [2460 - 2499.8] ( Article 22 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2483. (a) Each applicant for a certificate to practice podiatric medicine shall show by an official transcript or other official evidence satisfactory to the board that is submitted directly to the board by the academic institution that he or she has successfully completed a medical curriculum extending over a period of at least four academic years, or 32 months of actual instruction, in a college or school of podiatric medicine approved by the board. The total number of hours of all courses shall consist of a minimum of 4,000 hours. The board, by regulation, shall adopt standards for determining equivalent training authorized by this section. (b) The curriculum for all applicants shall provide for adequate instruction related to podiatric medicine in the following: Alcoholism and other chemical substance detection Local anesthesia Anatomy, including embryology, histology, and neuroanatomy Behavioral science Biochemistry Biomechanics-foot and ankle Child abuse detection Dermatology Geriatric medicine Human sexuality Infectious diseases Medical ethics Neurology Orthopedic surgery Pathology, microbiology, and immunology Pediatrics Pharmacology, including materia medica and toxicology Physical and laboratory diagnosis Physical medicine Physiology Podiatric medicine Podiatric surgery Preventive medicine, including nutrition Psychiatric problem detection Radiology and radiation safety Spousal or partner abuse detection Therapeutics Women’s health (Amended by Stats. 2003, Ch. 586, Sec. 3. Effective January 1, 2004.)
  148. 2484.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 22. Podiatric Medicine [2460 - 2499.8] ( Article 22 added by Stats. 1980, Ch. 1313, Sec. 2. )

    Verify source ↗

    An applicant for a podiatric medicine certificate must prove to the board that they completed at least two years of approved postgraduate podiatric training, and the sponsoring institution must send the evidence directly to the board.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 22. Podiatric Medicine [2460 - 2499.8] ( Article 22 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2484. In addition to any other requirements of this chapter, before a certificate to practice podiatric medicine may be issued, each applicant shall show by evidence satisfactory to the board, submitted directly to the board by the sponsoring institution, that he or she has satisfactorily completed at least two years of postgraduate podiatric medical and podiatric surgical training in a general acute care hospital approved by the Council on Podiatric Medical Education. (Amended by Stats. 2012, Ch. 332, Sec. 18. (SB 1236) Effective January 1, 2013.)
  149. 2486.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 22. Podiatric Medicine [2460 - 2499.8] ( Article 22 added by Stats. 1980, Ch. 1313, Sec. 2. )

    Verify source ↗

    The board must issue a certificate to practice podiatric medicine if the applicant submits the required verification and meets the listed requirements.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 22. Podiatric Medicine [2460 - 2499.8] ( Article 22 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2486. The board shall issue a certificate to practice podiatric medicine if the applicant has submitted directly to the board from the credentialing organizations verification that he or she meets all of the following requirements: (a) The applicant has graduated from an approved school or college of podiatric medicine and meets the requirements of Section 2483. (b) The applicant, within the past 10 years, has passed parts I, II, and III of the examination administered by the National Board of Podiatric Medical Examiners of the United States or has passed a written examination that is recognized by the board to be the equivalent in content to the examination administered by the National Board of Podiatric Medical Examiners of the United States. (c) The applicant has satisfactorily completed the postgraduate training required by Section 2484. (d) The applicant has passed within the past 10 years any oral and practical examination that may be required of all applicants by the board to ascertain clinical competence. (e) The applicant has committed no acts or crimes constituting grounds for denial of a certificate under Division 1.5 (commencing with Section 475). (f) The board determines that no disciplinary action has been taken against the applicant by any podiatric licensing authority and that the applicant has not been the subject of adverse judgments or settlements resulting from the practice of podiatric medicine that the board determines constitutes evidence of a pattern of negligence or incompetence. (g) A disciplinary databank report regarding the applicant is received by the board from the Federation of Podiatric Medical Boards. (Amended by Stats. 2017, Ch. 775, Sec. 91. (SB 798) Effective January 1, 2018.)
  150. 2488.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 22. Podiatric Medicine [2460 - 2499.8] ( Article 22 added by Stats. 1980, Ch. 1313, Sec. 2. )

    Verify source ↗

    The board must issue a podiatric medicine certificate by credentialing if the applicant meets the listed requirements and the required verification is submitted.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 22. Podiatric Medicine [2460 - 2499.8] ( Article 22 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2488. The board shall issue a certificate to practice podiatric medicine by credentialing if the applicant has submitted directly to the board from the credentialing organizations verification that they are licensed as a doctor of podiatric medicine in any other state and meets all of the following requirements: (a) The applicant has graduated from an approved school or college of podiatric medicine. (b) The applicant has passed either part III of the examination administered by the National Board of Podiatric Medical Examiners of the United States or a written examination that is recognized by the board to be the equivalent in content to the examination administered by the National Board of Podiatric Medical Examiners of the United States. (c) The applicant has satisfactorily completed a postgraduate training program approved by the Council on Podiatric Medical Education. (d) The applicant has passed any oral and practical examination that may be required of all applicants by the board to ascertain clinical competence. (e) The applicant has committed no acts or crimes constituting grounds for denial of a certificate under Division 1.5 (commencing with Section 475). (f) The board determines that no disciplinary action has been taken against the applicant by any podiatric licensing authority and that the applicant has not been the subject of adverse judgments or settlements resulting from the practice of podiatric medicine that the board determines constitutes evidence of a pattern of negligence or incompetence. (g) A disciplinary databank report regarding the applicant is received by the board from the Federation of Podiatric Medical Boards. (Amended by Stats. 2025, Ch. 194, Sec. 7. (AB 1501) Effective January 1, 2026.)
  151. 2492.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 22. Podiatric Medicine [2460 - 2499.8] ( Article 22 added by Stats. 1980, Ch. 1313, Sec. 2. )

    Verify source ↗

    The board must examine podiatric medicine certificate applicants at least twice a year, and it may appoint examination commissioners and set their compensation.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 22. Podiatric Medicine [2460 - 2499.8] ( Article 22 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2492. (a) The board shall examine every applicant for a certificate to practice podiatric medicine to ensure a minimum of entry-level competence at the time and place designated by the board in its discretion, but at least twice a year. (b) Unless the applicant meets the requirements of Section 2486, applicants shall be required to have taken and passed the examination administered by the National Board of Podiatric Medical Examiners. (c) The board may appoint qualified persons to give the whole or any portion of any examination as provided in this article, who shall be designated as examination commissioners. The board may fix the compensation of those persons subject to the provisions of applicable state laws and regulations. (d) The provisions of Article 9 (commencing with Section 2170) shall apply to examinations administered by the board except where those provisions are in conflict with or inconsistent with the provisions of this article. (Amended by Stats. 2017, Ch. 775, Sec. 93. (SB 798) Effective January 1, 2018.)
  152. 2493.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 22. Podiatric Medicine [2460 - 2499.8] ( Article 22 added by Stats. 1980, Ch. 1313, Sec. 2. )

    Verify source ↗

    An applicant for a certificate to practice podiatric medicine must pass an examination covering the subjects required by Section 2483.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 22. Podiatric Medicine [2460 - 2499.8] ( Article 22 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2493. An applicant for a certificate to practice podiatric medicine shall pass an examination in the subjects required by Section 2483 in order to ensure a minimum of entry-level competence. (Amended by Stats. 2012, Ch. 332, Sec. 19. (SB 1236) Effective January 1, 2013.)
  153. 2495.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 22. Podiatric Medicine [2460 - 2499.8] ( Article 22 added by Stats. 1980, Ch. 1313, Sec. 2. )

    Verify source ↗

    The board may delegate certain approval powers to board officials for routine podiatric medicine applicant 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 22. Podiatric Medicine [2460 - 2499.8] ( Article 22 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2495. Notwithstanding any other provision of this chapter, the board may delegate to officials of the board the authority to approve the admission of applicants to the examination and to approve the issuance of certificates to practice podiatric medicine to applicants who have met the specific requirements therefor in routine cases where applicants clearly meet the requirements of this chapter. (Amended by Stats. 1986, Ch. 655, Sec. 33.)
  154. 2496.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 22. Podiatric Medicine [2460 - 2499.8] ( Article 22 added by Stats. 1980, Ch. 1313, Sec. 2. )

    Verify source ↗

    The board must adopt and administer regulations requiring continuing education for licensed podiatric medicine practitioners.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 22. Podiatric Medicine [2460 - 2499.8] ( Article 22 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2496. In order to ensure the continuing competence of persons licensed to practice podiatric medicine, the board shall adopt and administer regulations requiring continuing education of those licensees. (Amended by Stats. 2023, Ch. 122, Sec. 1. (AB 826) Effective January 1, 2024.)
  155. 2496.5.

    ## 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 22. Podiatric Medicine [2460 - 2499.8] ( Article 22 added by Stats. 1980, Ch. 1313, Sec. 2. )

    Verify source ↗

    Certain CDC vaccine training programs count toward continuing education requirements under Section 2496.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 22. Podiatric Medicine [2460 - 2499.8] ( Article 22 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2496.5. Any vaccine training program provided through the federal Centers for Disease Control and Prevention, including courses that were completed by a licensed doctor of podiatric medicine on or after January 4, 2021, pursuant to the Department of Consumer Affairs public health emergency order DCA-21-115, or any subsequent waivers that supersede this waiver, and Section 2473 shall count toward the fulfillment of the continuing education requirements governed by Section 2496. (Added by Stats. 2021, Ch. 653, Sec. 5. (AB 526) Effective October 8, 2021.)
  156. 2497.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 22. Podiatric Medicine [2460 - 2499.8] ( Article 22 added by Stats. 1980, Ch. 1313, Sec. 2. )

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    The board may discipline podiatric medicine certificate applicants or holders, and it may hear matters itself or send them to an administrative law judge.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 22. Podiatric Medicine [2460 - 2499.8] ( Article 22 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2497. (a) The board may order the denial of an application for, or the suspension of, or the revocation of, or the imposition of probationary conditions upon, a certificate to practice podiatric medicine for any of the causes set forth in Article 12 (commencing with Section 2220) in accordance with Section 2222. (b) The board may hear all matters, including but not limited to, any contested case or may assign any such matters to an administrative law judge. The proceedings shall be held in accordance with Section 2230. If a contested case is heard by the board itself, the administrative law judge who presided at the hearing shall be present during the board’s consideration of the case and shall assist and advise the board. (Amended by Stats. 1987, Ch. 1413, Sec. 4.)
  157. 2497.5.

    ## 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 22. Podiatric Medicine [2460 - 2499.8] ( Article 22 added by Stats. 1980, Ch. 1313, Sec. 2. )

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    The board can seek cost reimbursement from disciplined licensees, enforce unpaid cost orders, and generally cannot renew or reinstate a license until ordered costs are paid, except for a limited one-year conditional renewal or reinstatement in cases of financial hardship.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 22. Podiatric Medicine [2460 - 2499.8] ( Article 22 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2497.5. (a) The board may request the administrative law judge, under his or her proposed decision in resolution of a disciplinary proceeding before the board, to direct any licensee found guilty of unprofessional conduct to pay to the board a sum not to exceed the actual and reasonable costs of the investigation and prosecution of the case. (b) The costs to be assessed shall be fixed by the administrative law judge and shall not be increased by the board unless the board does not adopt a proposed decision and in making its own decision finds grounds for increasing the costs to be assessed, not to exceed the actual and reasonable costs of the investigation and prosecution of the case. (c) When the payment directed in the board’s order for payment of costs is not made by the licensee, the board may enforce the order for payment by bringing an action in any appropriate court. This right of enforcement shall be in addition to any other rights the board may have as to any licensee directed to pay costs. (d) In any judicial action for the recovery of costs, proof of the board’s decision shall be conclusive proof of the validity of the order of payment and the terms for payment. (e) (1) Except as provided in paragraph (2), the board shall not renew or reinstate the license of any licensee who has failed to pay all of the costs ordered under this section. (2) Notwithstanding paragraph (1), the board may, in its discretion, conditionally renew or reinstate for a maximum of one year the license of any licensee who demonstrates financial hardship and who enters into a formal agreement with the board to reimburse the board within that one-year period for those unpaid costs. (f) All costs recovered under this section shall be deposited in the Board of Podiatric Medicine Fund as a reimbursement in either the fiscal year in which the costs are actually recovered or the previous fiscal year, as the board may direct. (Amended by Stats. 2012, Ch. 332, Sec. 21. (SB 1236) Effective January 1, 2013.)
  158. 2498.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 22. Podiatric Medicine [2460 - 2499.8] ( Article 22 added by Stats. 1980, Ch. 1313, Sec. 2. )

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    The board must review the quality of podiatric medical practice, and board members or appointed podiatric doctors may inspect hospitals, require reports, and inspect certain patient records, subject to disclosure limits.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 22. Podiatric Medicine [2460 - 2499.8] ( Article 22 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2498. (a) The board shall have the responsibility for reviewing the quality of podiatric medical practice carried out by persons licensed to practice podiatric medicine. (b) Each member of the board, or any licensed doctor of podiatric medicine appointed by the board, shall additionally have the authority to inspect, or require reports from, a general or specialized hospital and the podiatric medical staff thereof, with respect to the podiatric medical care, services, or facilities provided therein, and may inspect podiatric medical patient records with respect to the care, services, or facilities. The authority to make inspections and to require reports as provided by this section shall not be delegated by a member of the board to any person other than a doctor of podiatric medicine and shall be subject to the restrictions against disclosure described in Section 2263. (Amended by Stats. 2005, Ch. 621, Sec. 35. Effective January 1, 2006.)
  159. 2499.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 22. Podiatric Medicine [2460 - 2499.8] ( Article 22 added by Stats. 1980, Ch. 1313, Sec. 2. )

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    The board must report monthly revenue details to the Controller and pay the full amount to the Treasurer for deposit into the fund. The fund is renamed effective July 1, 2019.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 22. Podiatric Medicine [2460 - 2499.8] ( Article 22 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2499. (a) There is in the State Treasury the Board of Podiatric Medicine Fund. Commencing July 1, 2019, the Board of Podiatric Medicine Fund is renamed the Podiatric Medical Board Fund. Any reference in any provision of law to the Board of Podiatric Medicine Fund shall, commencing July 1, 2019, be deemed to refer to the Podiatric Medical Board Fund. (b) Notwithstanding Section 2445, the board shall report to the Controller at the beginning of each calendar month for the month preceding the amount and source of all revenue received by it on behalf of the board, pursuant to this chapter, and shall pay the entire amount thereof to the Treasurer for deposit into the fund. All revenue received by the board and the division from fees authorized to be charged relating to the practice of podiatric medicine shall be deposited in the fund as provided in this section, and shall be available, upon appropriation of the Legislature, to carry out the provisions of this chapter relating to the regulation of the practice of podiatric medicine. (Amended by Stats. 2018, Ch. 102, Sec. 4. (AB 2457) Effective January 1, 2019.)
  160. 2499.5.

    ## 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 22. Podiatric Medicine [2460 - 2499.8] ( Article 22 added by Stats. 1980, Ch. 1313, Sec. 2. )

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    This section sets fees for podiatric medicine certificates and licenses, and gives the board power to set and reduce some fees.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 22. Podiatric Medicine [2460 - 2499.8] ( Article 22 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2499.5. The following fees apply to certificates to practice podiatric medicine. The amount of fees prescribed for doctors of podiatric medicine shall be determined by the board and shall be as described below. Fees collected pursuant to this section shall be fixed by the board in amounts not to exceed the actual costs of providing the service for which the fee is collected. (a) Each applicant for a certificate to practice podiatric medicine shall pay an application fee of one hundred dollars ($100) at the time the application is filed. If the applicant qualifies for a certificate, they shall pay a fee of one hundred dollars ($100). (b) Each applicant who qualifies for a certificate, as a condition precedent to its issuance, in addition to other fees required by this section, shall pay an initial license fee. The initial license fee shall be eight hundred dollars ($800). The initial license shall expire the second year after its issuance on the last day of the month of birth of the licensee. The board may reduce the initial license fee by up to 50 percent of the amount of the fee for any applicant who is enrolled in a postgraduate training program approved by the board or who has completed a postgraduate training program approved by the board within six months prior to the payment of the initial license fee. (c) The biennial renewal fee shall be one thousand nine hundred dollars ($1,900). Any licensee enrolled in an approved residency program shall be required to pay only 50 percent of the biennial renewal fee at the time of their first renewal. (d) The delinquency fee shall be one hundred fifty dollars ($150). (e) The duplicate certificate fee shall be one hundred dollars ($100). (f) The letter of good standing fee or for loan deferment shall be one hundred dollars ($100). (g) There shall be a fee of one hundred dollars ($100) for the issuance of a resident’s license under Section 2475. (h) The fee for approval of a continuing education course or program shall be two hundred fifty dollars ($250). (Amended by Stats. 2025, Ch. 194, Sec. 8. (AB 1501) Effective January 1, 2026.)
  161. 2499.6.

    ## 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 22. Podiatric Medicine [2460 - 2499.8] ( Article 22 added by Stats. 1980, Ch. 1313, Sec. 2. )

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    The board must fix the fees in this article under Section 313.1.

    ## 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 22. Podiatric Medicine [2460 - 2499.8] ( Article 22 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2499.6. The fees in this article shall be fixed by the board in accordance with Section 313.1. (Amended by Stats. 1989, Ch. 801, Sec. 4. Effective September 26, 1989.)
  162. 2499.7.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 22. Podiatric Medicine [2460 - 2499.8] ( Article 22 added by Stats. 1980, Ch. 1313, Sec. 2. )

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    Podiatric medicine certificates expire at midnight on the last day of the licensee’s birth month in the second year of a two-year term. To renew an unexpired certificate, the licensee must apply on the board’s form and pay the renewal fee by the expiration date.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 22. Podiatric Medicine [2460 - 2499.8] ( Article 22 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2499.7. (a) Certificates to practice podiatric medicine shall expire at midnight on the last day of the birth month of the licensee during the second year of a two-year term. (b) To renew an unexpired certificate, the licensee, on or before the date on which the certificate would otherwise expire, shall apply for renewal on a form prescribed by the board and pay the prescribed renewal fee. (Added by Stats. 2017, Ch. 775, Sec. 95. (SB 798) Effective January 1, 2018.)
  163. 2499.8.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 22. Podiatric Medicine [2460 - 2499.8] ( Article 22 added by Stats. 1980, Ch. 1313, Sec. 2. )

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    A licensee may ask the board for a waiver of the renewal fee if a disability prevents safe practice, but the board decides whether to grant it.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 22. Podiatric Medicine [2460 - 2499.8] ( Article 22 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2499.8. Any licensee who demonstrates to the satisfaction of the board that he or she is unable to practice podiatric medicine due to a disability may request a waiver of the license renewal fee. The granting of a waiver shall be at the discretion of the board and may be terminated at any time. Waivers shall be based on the inability of a licensee to practice podiatric medicine. A licensee whose renewal fee has been waived pursuant to this section shall not engage in the practice of podiatric medicine unless and until the licensee pays the current renewal fee and does either of the following: (a) Establishes to the satisfaction of the board, on a form prescribed by the board and signed under penalty of perjury, that the licensee’s disability either no longer exists or does not affect his or her ability to practice podiatric medicine safely. (b) Signs an agreement on a form prescribed by the board, signed under penalty of perjury, in which the licensee agrees to limit his or her practice in the manner prescribed by the reviewing physician. (Amended by Stats. 2005, Ch. 621, Sec. 36. Effective January 1, 2006.)
  164. 2500.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 23. Alternative Practices and Treatments [2500 - 2501] ( Article 23 added by Stats. 2000, Ch. 660, Sec. 3. )

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    The boards must establish specific policies and, when appropriate, review statutes and recommend changes to the law.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 23. Alternative Practices and Treatments [2500 - 2501] ( Article 23 added by Stats. 2000, Ch. 660, Sec. 3. ) ## 2500. The boards acknowledge the significant interest of physicians and patients alike in integrating preventative approaches and holistic-based alternatives into the practice of medicine, including, but not limited to, biopsychosocial techniques, nutrition, and the use of natural supplements to enhance health and wellness. The boards shall establish specific policies in this regard and shall review statutes and recommend modifications of law, when appropriate, in order to assure California consumers that the quality of medicine practiced in this state is the most advanced and innovative it can be both in terms of preserving the health of, as well as providing effective diagnosis and treatment of illness for, the residents of this state. (Added by Stats. 2000, Ch. 660, Sec. 3. Effective January 1, 2001.)
  165. 25000.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 12. Beer Price Posting and Marketing Regulations [25000 - 25010] ( Chapter 12 added by Stats. 1953, Ch. 152. )

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    Beer manufacturers, importers, and wholesalers must file and keep on file price schedules with the department, with limited filing exceptions for certain beer transfers.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 12. Beer Price Posting and Marketing Regulations [25000 - 25010] ( Chapter 12 added by Stats. 1953, Ch. 152. ) ## 25000. (a) Each manufacturer, importer, and wholesaler of beer shall file and thereafter maintain on file with the department, in such form as the department may provide, a written schedule of selling prices charged by the licensee for beer sold and distributed by the licensee to customers in California, except that the transfer, including the sale, of beer between wholesalers who sell the same brand in package is permitted without filing the schedule of selling prices, and the transfer, including the sale, of beer made under contract from a contract beer manufacturer making the beer to a beer manufacturer receiving the beer is permitted without filing the schedule of selling prices. All prices filed shall be for immediate delivery. Each manufacturer, importer, and wholesaler of beer shall file a price schedule for each county in which his or her customers have their premises, whether the price that is posted is f.o.b. or delivered, or both. Different prices for different trading areas within a county shall be based upon natural geographical differences justifying the different prices, and shall not be established for special customers. This section shall not affect or alter any provisions of law concerning quantity discounts on beer. (b) For purposes of this section, a “contract beer manufacturer” is a beer manufacturer that does all of the following: (1) Makes beer pursuant to a written contract with another beer manufacturer, and neither entity has a controlling interest in the other entity. (2) Makes beer in accordance with a recipe that is a trade secret of the beer manufacturer having its beer made under contract. (3) Has no right to sell the beer to any other beer manufacturer, importer, or wholesaler other than the beer manufacturer who contracted for the beer. (c) For purposes of this section, “beer manufacturer” includes any holder of a beer manufacturer’s license, any holder of an out-of-state beer manufacturer’s certificate, or any holder of a beer and wine importer’s general license. (Amended by Stats. 2001, Ch. 567, Sec. 3. Effective October 7, 2001.)
  166. 25000.2.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 12. Beer Price Posting and Marketing Regulations [25000 - 25010] ( Chapter 12 added by Stats. 1953, Ch. 152. )

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    A successor beer manufacturer that cancels a wholesaler’s distribution rights must follow notice, negotiation, and arbitration rules, and the wholesaler keeps distributing until compensation is paid or awarded.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 12. Beer Price Posting and Marketing Regulations [25000 - 25010] ( Chapter 12 added by Stats. 1953, Ch. 152. ) ## 25000.2. (a) For purposes of this section: (1) “Acquire” means to purchase, receive, assume, obtain, or otherwise come into possession or control of. (2) “Affected distribution rights” means the distribution rights to the product held by the existing beer wholesaler prior to the acquisition of the right to manufacture, import, or distribute the product by the successor beer manufacturer. (3) “Beer manufacturer” includes any holder of a beer manufacturer’s license, any holder of an out-of-state beer manufacturer’s certificate, or any holder of a beer and wine importer’s general license. (4) “Cancel” means to terminate, reduce, not renew, not appoint or reappoint, or cause any of the same. (5) “Existing beer wholesaler” means a beer wholesaler that distributes a product at the time a successor beer manufacturer acquires the rights to manufacture, import, or distribute that product. (6) “Fair market value” includes all elements of value, including, but not limited to, goodwill. (7) “Product” means a brand or brands of beer, as defined by Section 23006. (8) “Successor beer manufacturer” means a beer manufacturer or any person as defined by Section 23008, whether licensed or unlicensed, who acquires the rights to manufacture, import, or distribute a product. (9) “Successor beer manufacturer’s designee” means one or more distributors designated by the successor beer manufacturer to replace the existing beer wholesaler, for all or part of the existing beer wholesaler’s territory, in the distribution of the product. (b) (1) Any successor beer manufacturer that acquires the rights to manufacture, import, or distribute a product, and who cancels any of the existing beer wholesaler’s rights to distribute the product, shall comply with this section. (2) A successor beer manufacturer’s designee shall comply with this section. (c) (1) The successor beer manufacturer shall notify the existing beer wholesaler of the successor beer manufacturer’s intent to cancel any of the existing beer wholesaler’s rights to distribute the product. (2) The successor beer manufacturer shall mail the notice by certified mail, return receipt requested, to the existing beer wholesaler. The successor beer manufacturer shall include in the notice the name, address, and telephone number of the successor beer manufacturer’s designee or designees. (d) The successor beer manufacturer’s designee shall negotiate with the existing beer wholesaler to determine the fair market value of the affected distribution rights and, if the existing beer wholesaler and the successor beer manufacturer’s designee agree to the fair market value of the affected distribution rights, shall compensate the existing beer wholesaler in the agreed amount. The successor beer manufacturer’s designee and the existing beer wholesaler shall negotiate in good faith. (e) The existing beer wholesaler shall continue to distribute the product to at least the same extent that it distributed the product immediately before the successor beer manufacturer acquired rights to the product until receipt of the payment of the compensation agreed to under subdivision (d) is made or is awarded under subdivision (f). The successor beer manufacturer and the existing beer wholesaler shall act in good faith regarding the ongoing supply and distribution of the product. (f) If the successor beer manufacturer’s designee and the existing beer wholesaler are unable to mutually agree on the fair market value of the affected distribution rights within 30 days of the existing beer wholesaler’s receipt of the successor beer manufacturer’s notice pursuant to subdivision (c), the successor beer manufacturer’s designee or the existing beer wholesaler shall initiate arbitration against each other to determine the issue of compensation for the fair market value of the affected distribution rights no later than 40 days after the existing beer wholesaler’s receipt of the successor beer manufacturer’s notice pursuant to subdivision (c). Upon submission to arbitration, the arbitration shall be the means of determining compensation to the existing beer wholesaler for the fair market value of the affected distribution rights, and the fair market value of the affected distribution rights shall be the purpose of the arbitration unless the parties agree otherwise. (1) An arbitration held under this subdivision shall be held in California through a private arbitration services provider with at least three offices in California and a statewide roster of at least 70 neutral arbitrators, of which at least 30 have prior experience as a sole arbitrator in franchise, distribution, or related business litigation. (2) The direct costs of the arbitration, including any fees charged by the arbitrator, shall be borne equally by the parties engaged in the arbitration. All other costs shall be paid by the party incurring them. (3) The parties shall mutually agree on an arbitrator. If the parties cannot agree on the arbitrator, the arbitration provider shall select an impartial arbitrator. (4) (A) No later than 20 days after receipt of a notification to arbitrate, the parties shall complete an initial exchange of all nonprivileged documents and other information relevant to the fair market value of the affected distribution rights in their possession and control, including, without limitation, copies of all documents and the names of individuals who may be called to testify at the arbitration hearing. No later than 45 days after receipt of notification to arbitrate, the parties shall complete an exchange of the names of any experts who may be called to testify at the arbitration hearing, together with each expert’s report that may be introduced at the arbitration hearing. (B) The arbitrator may modify the requirements of subparagraph (A) on a showing of good cause. The arbitrator shall permit third-party discovery and additional discovery between beer wholesalers, including depositions, which the arbitrator finds appropriate for a period of time not to exceed 90 days after receipt of a notification to arbitrate. No discovery shall be permitted against a beer manufacturer. (5) The decision of the arbitrator shall be final and binding on the parties unless notice of appeal is filed, within 10 business days after service of the arbitration award, with the superior court of the county in which the hearing was held. Upon filing of the appeal, the court shall review the arbitration award for errors of fact or law by determining whether the award is supported by the sufficiency of the evidence presented at the arbitration. This subdivision shall further permit any other appeal or review that is authorized by the California Arbitration Act (Title 9 (commencing with Section 1280) of Part 3 of the Code of Civil Procedure). (6) The arbitrator’s award shall be monetary only and shall not enjoin or compel conduct. (7) The arbitration hearing shall conclude not more than 180 days after receipt of a notification to arbitrate, unless the time period is extended by mutual agreement of the parties or by the arbitrator. (8) The arbitrator shall render a decision not later than 15 days after the conclusion of the arbitration unless this time period is extended by mutual agreement of the parties or by the arbitrator. (9) A party who fails to participate in the arbitration hearings waives all rights the party would have had in the arbitration and is considered to have consented to the determination of the arbitrator. (10) The Legislature finds and declares that several unique factors in combination warrant the Legislature authorizing limited mandatory arbitration between an existing beer wholesaler and a successor beer manufacturer’s designee solely to determine the issue of compensation for the fair market value of the affected distribution rights: (A) On the issue of the fair market value of the affected distribution rights, the parties are sophisticated and in an equal position in their knowledge of this legal issue and understand the law and their legal rights, including their jury trial rights. (B) The parties desire a mandatory arbitration provision to resolve the question of compensation for the fair market value of the affected distribution rights if the parties are not able to reach a mutual settlement so that product distribution can be continued in an orderly manner and the determination of compensation can be made in a timely manner. (C) The state’s regulatory interest in maintaining orderly markets for the safe and efficient transportation, distribution, and sale of beer within the state warrants the statutory authorization for mandatory arbitration as provided in this section. (g) If the existing beer wholesaler does not receive payment of the compensation under subdivision (d) or (f) not later than 10 business days after the date of the settlement or service of the arbitration award, and if there is no appeal or review filed under paragraph (5) of subdivision (f), the existing beer wholesaler shall remain the distributor of the product in the existing beer wholesaler’s territory to at least the same extent that the existing beer wholesaler distributed the product immediately before the successor beer manufacturer acquired rights to the product, and the existing beer wholesaler is not entitled to the settlement or arbitration award. (h) Nothing in this section shall be construed to limit or prohibit good faith settlements voluntarily entered into by the parties subsequent to the successor beer manufacturer’s notice pursuant to subdivision (c). (Amended by Stats. 2025, Ch. 360, Sec. 1. (AB 344) Effective January 1, 2026.)
  167. 25000.5.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 12. Beer Price Posting and Marketing Regulations [25000 - 25010] ( Chapter 12 added by Stats. 1953, Ch. 152. )

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    Beer manufacturers selling and distributing beer in the state must set territorial limits for where wholesalers may sell their brands, and wholesalers may not sell a brand unless they have a written territorial agreement and have filed it with the department.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 12. Beer Price Posting and Marketing Regulations [25000 - 25010] ( Chapter 12 added by Stats. 1953, Ch. 152. ) ## 25000.5. (a) Every beer manufacturer, whether located within or without the state, who sells and distributes beer in this state shall designate territorial limits in the state within which the brands of beer manufactured by him may be sold by wholesalers of beer to customers. (b) A wholesaler of beer shall not sell any brand of beer unless the following conditions are met: (1) The wholesaler has first entered into a written agreement, with the manufacturer of that brand, which sets forth the territorial limits within which the brand shall be distributed by the wholesaler. (2) A copy of the agreement, and any amendments thereto, has been filed with the department. (Amended by Stats. 1984, Ch. 348, Sec. 1.)
  168. 25000.6.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 12. Beer Price Posting and Marketing Regulations [25000 - 25010] ( Chapter 12 added by Stats. 1953, Ch. 152. )

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    A venue clause in a beer distribution agreement that sends disputes to a forum outside California is void for claims tied to that agreement when the wholesaler operates in California.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 12. Beer Price Posting and Marketing Regulations [25000 - 25010] ( Chapter 12 added by Stats. 1953, Ch. 152. ) ## 25000.6. (a) A provision in an agreement between a beer manufacturer and a beer wholesaler for the sale and distribution of beer in this state, which restricts venue to a forum outside this state, is void with respect to any claim arising under or relating to the agreement involving a beer wholesaler operating within this state. (b) This section shall apply to any transaction or conduct pursuant to an agreement described in subdivision (a) on or after the effective date of this section. (c) For purposes of the section, “beer manufacturer” includes any holder of a beer manufacturer’s license, any holder of an out-of-state beer manufacturer’s certificate, or any holder of a beer and wine importer’s general license. (Amended by Stats. 2001, Ch. 567, Sec. 4. Effective October 7, 2001.)
  169. 25000.7.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 12. Beer Price Posting and Marketing Regulations [25000 - 25010] ( Chapter 12 added by Stats. 1953, Ch. 152. )

    Verify source ↗

    A beer sale or distribution agreement cannot be ended solely because a beer wholesaler failed to meet a sales goal or quota that is not commercially reasonable under current market conditions.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 12. Beer Price Posting and Marketing Regulations [25000 - 25010] ( Chapter 12 added by Stats. 1953, Ch. 152. ) ## 25000.7. (a) Notwithstanding the provisions of any agreement for the sale or distribution of beer between a beer manufacturer and beer wholesaler, no sale or distribution agreement shall be terminated solely for a beer wholesaler’s failure to meet a sales goal or quota that is not commercially reasonable under the prevailing market conditions. (b) For purposes of this section, “beer manufacturer” includes any holder of a beer manufacturer’s license, any holder of an out-of-state beer manufacturer’s certificate, or any holder of a beer and wine importer’s general license. (Added by Stats. 2000, Ch. 1083, Sec. 1. Effective January 1, 2001.)
  170. 25000.9.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 12. Beer Price Posting and Marketing Regulations [25000 - 25010] ( Chapter 12 added by Stats. 1953, Ch. 152. )

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    A beer manufacturer that unreasonably withholds consent or denies approval of a sale, transfer, or assignment of an ownership interest in a beer wholesaler’s business tied to that manufacturer’s brand may be liable for damages.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 12. Beer Price Posting and Marketing Regulations [25000 - 25010] ( Chapter 12 added by Stats. 1953, Ch. 152. ) ## 25000.9. (a) Any beer manufacturer who unreasonably withholds consent or unreasonably denies approval of a sale, transfer, or assignment of any ownership interest in a beer wholesaler’s business with respect to that manufacturer’s brand or brands, shall be liable in damages to the beer wholesaler. Recoverable damages under this section shall not exceed the compensatory damages sustained by the wholesaler and the wholesaler’s costs of suit. The fair market value of the beer wholesaler’s business shall include, but is not limited to, its goodwill, if any. (b) If a beer wholesaler has been paid a consideration by a successor wholesaler for the sale, transfer, or assignment of the beer wholesaler’s interest in the sale or distribution of the affected brand or brands, the beer manufacturer shall be liable only for compensatory damages in an amount reflecting the difference in the amount already paid to the beer wholesaler, and the fair market value of the beer wholesaler’s business with respect to the affected brand or brands. (c) For purposes of this section, “beer manufacturer” includes any holder of a beer manufacturer’s license, any holder of an out-of-state beer manufacturer’s certificate, or any holder of a beer and wine importer’s general license. (Added by Stats. 2000, Ch. 1083, Sec. 2. Effective January 1, 2001.)
  171. 25001.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 12. Beer Price Posting and Marketing Regulations [25000 - 25010] ( Chapter 12 added by Stats. 1953, Ch. 152. )

    Verify source ↗

    A licensee may change or modify a filed schedule of prices by filing a new schedule or an amendment with the department, if the department’s rules require it.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 12. Beer Price Posting and Marketing Regulations [25000 - 25010] ( Chapter 12 added by Stats. 1953, Ch. 152. ) ## 25001. The schedule of prices filed may be changed or modified from time to time by the licensee filing it by filing with the department either a new and complete schedule of prices or an amendment thereto of changed or modified prices, as the department may by rule require. (Amended by Stats. 1955, Ch. 447.)
  172. 25002.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 12. Beer Price Posting and Marketing Regulations [25000 - 25010] ( Chapter 12 added by Stats. 1953, Ch. 152. )

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    A first price schedule filed by a licensee becomes effective immediately, but an amendatory schedule usually becomes effective 10 days after filing unless the price-change exception applies.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 12. Beer Price Posting and Marketing Regulations [25000 - 25010] ( Chapter 12 added by Stats. 1953, Ch. 152. ) ## 25002. The first schedule of prices filed by a licensee shall be effective immediately upon filing, but an amendatory schedule or amendments to a prior filed schedule is not effective until ten (10) days after the filing date thereof, except that if any licensee has filed a new schedule or amendments to a prior filed schedule to meet lower posted and filed competing prices in a trade area, and the prices thus posted are not lower than the competing prices sought to be met, the new schedule or amendments shall go into effect immediately if the competing prices are already effective, or at the same time as the competing prices become effective. (Added by Stats. 1953, Ch. 152.)
  173. 25003.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 12. Beer Price Posting and Marketing Regulations [25000 - 25010] ( Chapter 12 added by Stats. 1953, Ch. 152. )

    Verify source ↗

    Filed price schedules may be publicly inspected only after they take effect, and each filing licensee must keep a copy of the effective posted and filed schedule at the licensed premises.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 12. Beer Price Posting and Marketing Regulations [25000 - 25010] ( Chapter 12 added by Stats. 1953, Ch. 152. ) ## 25003. Filed price schedules are subject to public inspection only after they take effect. Each filing licensee shall retain in the licensed premises a copy of his or her effective posted and filed schedule. (Amended by Stats. 1991, Ch. 161, Sec. 1.)
  174. 25004.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 12. Beer Price Posting and Marketing Regulations [25000 - 25010] ( Chapter 12 added by Stats. 1953, Ch. 152. )

    Verify source ↗

    Filing licensees must stick to posted prices, and departing from them is a misdemeanor, with a limited beer-transfer exception for certain wholesalers.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 12. Beer Price Posting and Marketing Regulations [25000 - 25010] ( Chapter 12 added by Stats. 1953, Ch. 152. ) ## 25004. Upon the filing of an original schedule of prices and after the effective date of any schedule of amendatory prices, all prices therein stated shall be strictly adhered to by the filing licensee, and any departure or variance therefrom by a licensee is a misdemeanor, except that the transfer of beer between wholesalers who sell the same brand in package is permitted without filing the schedule of selling prices. Each sale or transaction involving a violation of posted prices under this chapter is but a single offense or violation of this chapter regardless of the number of articles covered by the sale or transaction. (Amended by Stats. 1967, Ch. 1080.)
  175. 25005.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 12. Beer Price Posting and Marketing Regulations [25000 - 25010] ( Chapter 12 added by Stats. 1953, Ch. 152. )

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    A licensee’s director, officer, agent, or employee who knowingly helps a violation of this chapter, a posted price, or a department rule is treated as guilty the same as the licensee.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 12. Beer Price Posting and Marketing Regulations [25000 - 25010] ( Chapter 12 added by Stats. 1953, Ch. 152. ) ## 25005. Any director, officer, agent, or employee of any licensee who knowingly assists or aids in the violation of this chapter or any effective posted price or any rule of the department passed to carry out the provisions of this chapter is guilty of the violation equally with the licensee. (Amended by Stats. 1955, Ch. 447.)
  176. 25006.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 12. Beer Price Posting and Marketing Regulations [25000 - 25010] ( Chapter 12 added by Stats. 1953, Ch. 152. )

    Verify source ↗

    The department may make rules about beer price posting, but it must hold a public hearing and give 10 days’ notice before taking such action.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 12. Beer Price Posting and Marketing Regulations [25000 - 25010] ( Chapter 12 added by Stats. 1953, Ch. 152. ) ## 25006. The department may adopt such rules, including but not limited to rules respecting beer price posting, as will foster and encourage the orderly wholesale marketing and wholesale distribution of beer, but no such action shall be taken by the department except after public hearing and ten (10) days notice to all licensed manufacturers of beer in California of the time and place of the hearing and of the character of the action intended to be taken by the department. (Amended by Stats. 1955, Ch. 447.)
  177. 25007.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 12. Beer Price Posting and Marketing Regulations [25000 - 25010] ( Chapter 12 added by Stats. 1953, Ch. 152. )

    Verify source ↗

    Manufacturers, importers, and wholesalers covered by this chapter may choose their customers, except as provided in Section 25000.5.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 12. Beer Price Posting and Marketing Regulations [25000 - 25010] ( Chapter 12 added by Stats. 1953, Ch. 152. ) ## 25007. Except as provided in Section 25000.5, no manufacturer, importer, or wholesaler mentioned in this chapter is prohibited the right of choice of customers. (Amended by Stats. 1972, Ch. 760.)
  178. 25008.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 12. Beer Price Posting and Marketing Regulations [25000 - 25010] ( Chapter 12 added by Stats. 1953, Ch. 152. )

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    Certain qualified beer trade associations may sue to stop violations of this chapter and may intervene in related proceedings.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 12. Beer Price Posting and Marketing Regulations [25000 - 25010] ( Chapter 12 added by Stats. 1953, Ch. 152. ) ## 25008. (a) Any trade association having as members licensed beer manufacturers or licensed beer wholesalers representing more than half of the volume of beer sold in California for three months prior to the date of a filing of any suit authorized in this chapter may maintain an action to enjoin a continuance of any act or acts in violation of this chapter or any rule adopted pursuant thereto and, if injured thereby, for the recovery of damages. If in the action the court finds the defendant is violating or has violated any of the provisions of this chapter or any rule adopted pursuant thereto, the court shall enjoin the defendant from a continuance or further violation thereof. It shall not be necessary that actual damages to the plaintiff be alleged or proved in the action, and proof of a violation of this chapter or any rule adopted pursuant thereto shall be presumptive evidence of an intention to continue to violate this chapter or any such rule. (b) Any trade association having as members licensed beer manufacturers or licensed beer wholesalers representing more than half of the volume of beer sold in California for three months prior to the date of a filing of a petition to intervene shall, upon the filing of the petition, be permitted to intervene as a party in any proceeding, whether before the department, any other administrative agency, or any court, which involves, in whole or part, the validity of any portion of the Alcoholic Beverage Control Act or of any rule adopted pursuant thereto. Intervention shall be permitted, upon petition, at any time before a final determination or adjudication has been rendered in the proceeding. In the case of an adjudicatory proceeding, an intervening trade association shall have the same right to participate in discovery and trial as any other party. (Amended by Stats. 1984, Ch. 131, Sec. 2. Effective May 21, 1984.)
  179. 25009.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 12. Beer Price Posting and Marketing Regulations [25000 - 25010] ( Chapter 12 added by Stats. 1953, Ch. 152. )

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    In actions under this chapter, a defendant or witness may have books and records brought into court and introduced by reference into evidence, but information obtained that way cannot be used as the basis for a misdemeanor prosecution under this chapter.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 12. Beer Price Posting and Marketing Regulations [25000 - 25010] ( Chapter 12 added by Stats. 1953, Ch. 152. ) ## 25009. Any defendant in any action brought under this chapter or any person who may be a witness therein under Title 4 (commencing with Section 2016.010) of Part 4 of the Code of Civil Procedure or Section 776 of the Evidence Code, and the books and records of the defendant or witness, may be brought into court and the books and records may be introduced by reference into evidence, but no information so obtained may be used against the defendant or the witness as a basis for a misdemeanor prosecution under this chapter. (Amended by Stats. 2005, Ch. 294, Sec. 1. Effective January 1, 2006.)
  180. 2501.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 23. Alternative Practices and Treatments [2500 - 2501] ( Article 23 added by Stats. 2000, Ch. 660, Sec. 3. )

    Verify source ↗

    The boards must create disciplinary policies and procedures for emerging and innovative medical practices, and they must consult interested parties, technical advisors, and professional medical associations when doing so.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 23. Alternative Practices and Treatments [2500 - 2501] ( Article 23 added by Stats. 2000, Ch. 660, Sec. 3. ) ## 2501. In fulfilling their responsibilities under this article, the boards shall , on or before July 1, 2002, establish disciplinary policies and procedures to reflect emerging and innovative medical practices for licensed physicians and surgeons. The boards shall solicit the participation of interested parties in the development and preparation of these policies and procedures and shall consult technical advisors as necessary to fulfill the purposes of this article. In preparing these policies and procedures, the boards shall consult with professional medical associations and review the need for any changes in the boards’ services, procedures, and activities. The boards shall also assess the need for: (a) Specific standards for informed consent, if any, in order for patients to be able to understand the risks and benefits associated with the range of treatment options available. (b) Standards for investigations to assure competent review in cases involving the practice of any type of alternative medicine, including, but not limited to, the skills and training of investigators. (Added by Stats. 2000, Ch. 660, Sec. 3. Effective January 1, 2001.)
  181. 25010.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 12. Beer Price Posting and Marketing Regulations [25000 - 25010] ( Chapter 12 added by Stats. 1953, Ch. 152. )

    Verify source ↗

    The department may not suspend or revoke a license for chapter or rule violations unless there have been at least three separate violations within one year and the violations are proved in one of the listed ways.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 12. Beer Price Posting and Marketing Regulations [25000 - 25010] ( Chapter 12 added by Stats. 1953, Ch. 152. ) ## 25010. The department shall not suspend or revoke the license of any licensee for a violation of the provisions of this chapter or a rule adopted pursuant thereto unless he has committed, within a period of one year, at least three separate violations of the provisions of this chapter or of any rule adopted pursuant thereto, and the violations have been proved by any of the following methods: (a) A conviction for misdemeanor. (b) A judgment in a civil suit for injunction as provided in this chapter. (c) A finding of the department, if a hearing is held in accordance with Chapters 7 and 8 of this division. (Amended by Stats. 1955, Ch. 447.)
  182. 2505.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 24. Licensed Midwives [2505 - 2523] ( Article 24 repealed and added by Stats. 1993, Ch. 1280, Sec. 3. )

    Verify source ↗

    This article may be cited as the Licensed Midwifery Practice Act of 1993.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 24. Licensed Midwives [2505 - 2523] ( Article 24 repealed and added by Stats. 1993, Ch. 1280, Sec. 3. ) ## 2505. This article shall be known and may be cited as the Licensed Midwifery Practice Act of 1993. (Repealed and added by Stats. 1993, Ch. 1280, Sec. 3. Effective January 1, 1994.)
  183. 2506.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 24. Licensed Midwives [2505 - 2523] ( Article 24 repealed and added by Stats. 1993, Ch. 1280, Sec. 3. )

    Verify source ↗

    This section defines key terms used in the licensed midwives article.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 24. Licensed Midwives [2505 - 2523] ( Article 24 repealed and added by Stats. 1993, Ch. 1280, Sec. 3. ) ## 2506. As used in this article the following definitions shall apply: (a) “Board” means the Medical Board of California. (b) “Licensed midwife” means an individual to whom a license to practice midwifery has been issued pursuant to this article. (c) “Certified nurse-midwife” means a person to whom a certificate has been issued pursuant to Article 2.5 (commencing with Section 2746) of Chapter 6. (d) “Accrediting organization” means an organization approved by the board. (Amended by Stats. 2007, Ch. 678, Sec. 24. Effective January 1, 2008.)
  184. 2507.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 24. Licensed Midwives [2505 - 2523] ( Article 24 repealed and added by Stats. 1993, Ch. 1280, Sec. 3. )

    Verify source ↗

    Licensed midwives may only handle normal pregnancies and births, with defined conditions; otherwise they must refer the client for medical examination or transfer 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 24. Licensed Midwives [2505 - 2523] ( Article 24 repealed and added by Stats. 1993, Ch. 1280, Sec. 3. ) ## 2507. (a) The license to practice midwifery authorizes the holder to attend cases of normal pregnancy and childbirth, as defined in paragraph (1) of subdivision (b), and to provide prenatal, intrapartum, and postpartum care, including family-planning care, for the mother, and immediate care for the newborn. (b) As used in this article, the practice of midwifery constitutes the furthering or undertaking by any licensed midwife to assist a woman in childbirth as long as progress meets criteria accepted as normal. (1) Except as provided in paragraph (2), a licensed midwife shall only assist a woman in normal pregnancy and childbirth, which is defined as meeting all of the following conditions: (A) There is an absence of both of the following: (i) Any preexisting maternal disease or condition likely to affect the pregnancy. (ii) Significant disease arising from the pregnancy. (B) There is a singleton fetus. (C) There is a cephalic presentation. (D) The gestational age of the fetus is greater than 370/7 weeks and less than 420/7 completed weeks of pregnancy. (E) Labor is spontaneous or induced in an outpatient setting. (2) If a potential midwife client meets the conditions specified in subparagraphs (B) to (E), inclusive, of paragraph (1), but fails to meet the conditions specified in subparagraph (A) of paragraph (1), and the woman still desires to be a client of the licensed midwife, the licensed midwife shall provide the woman with a referral for an examination by a physician and surgeon trained in obstetrics and gynecology. A licensed midwife may assist the woman in pregnancy and childbirth only if an examination by a physician and surgeon trained in obstetrics and gynecology is obtained and the physician and surgeon who examined the woman determines that the risk factors presented by her disease or condition are not likely to significantly affect the course of pregnancy and childbirth. (3) The board shall adopt regulations pursuant to the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part of 1 of Division 3 of Title 2 of the Government Code) specifying the conditions described in subparagraph (A) of paragraph (1). (c) (1) If at any point during pregnancy, childbirth, or postpartum care a client’s condition deviates from normal, the licensed midwife shall immediately refer or transfer the client to a physician and surgeon. The licensed midwife may consult and remain in consultation with the physician and surgeon after the referral or transfer. (2) If a physician and surgeon determines that the client’s condition or concern has been resolved such that the risk factors presented by a woman’s disease or condition are not likely to significantly affect the course of pregnancy or childbirth, the licensed midwife may resume primary care of the client and resume assisting the client during her pregnancy, childbirth, or postpartum care. (3) If a physician and surgeon determines the client’s condition or concern has not been resolved as specified in paragraph (2), the licensed midwife may provide concurrent care with a physician and surgeon and, if authorized by the client, be present during the labor and childbirth, and resume postpartum care, if appropriate. A licensed midwife shall not resume primary care of the client. (d) A licensed midwife shall not provide or continue to provide midwifery care to a woman with a risk factor that will significantly affect the course of pregnancy and childbirth, regardless of whether the woman has consented to this care or refused care by a physician or surgeon, except as provided in paragraph (3) of subdivision (c). (e) The practice of midwifery does not include the assisting of childbirth by any artificial, forcible, or mechanical means, nor the performance of any version of these means. (f) A midwife is authorized to directly obtain supplies and devices, obtain and administer drugs and diagnostic tests, order testing, and receive reports that are necessary to his or her practice of midwifery and consistent with his or her scope of practice. (g) This article does not authorize a midwife to practice medicine or to perform surgery. (Amended by Stats. 2014, Ch. 71, Sec. 3. (SB 1304) Effective January 1, 2015.)
  185. 2508.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 24. Licensed Midwives [2505 - 2523] ( Article 24 repealed and added by Stats. 1993, Ch. 1280, Sec. 3. )

    Verify source ↗

    A licensed midwife must give a prospective client written and oral disclosures, obtain informed consent, and complete signature and recordkeeping steps for the disclosure form.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 24. Licensed Midwives [2505 - 2523] ( Article 24 repealed and added by Stats. 1993, Ch. 1280, Sec. 3. ) ## 2508. (a) A licensed midwife shall disclose in oral and written form to a prospective client as part of a client care plan, and obtain informed consent for, all of the following: (1) All of the provisions of Section 2507. (2) The client is retaining a licensed midwife, not a certified nurse-midwife, and the licensed midwife is not supervised by a physician and surgeon. (3) The licensed midwife’s current licensure status and license number. (4) The practice settings in which the licensed midwife practices. (5) If the licensed midwife does not have liability coverage for the practice of midwifery, he or she shall disclose that fact. The licensed midwife shall disclose to the client that many physicians and surgeons do not have liability insurance coverage for services provided to someone having a planned out-of-hospital birth. (6) The acknowledgment that if the client is advised to consult with a physician and surgeon, failure to do so may affect the client’s legal rights in any professional negligence actions against a physician and surgeon, licensed health care professional, or hospital. (7) There are conditions that are outside of the scope of practice of a licensed midwife that will result in a referral for a consultation from, or transfer of care to, a physician and surgeon. (8) The specific arrangements for the referral of complications to a physician and surgeon for consultation. The licensed midwife shall not be required to identify a specific physician and surgeon. (9) The specific arrangements for the transfer of care during the prenatal period, hospital transfer during the intrapartum and postpartum periods, and access to appropriate emergency medical services for mother and baby if necessary, and recommendations for preregistration at a hospital that has obstetric emergency services and is most likely to receive the transfer. (10) If, during the course of care, the client is informed that she has or may have a condition indicating the need for a mandatory transfer, the licensed midwife shall initiate the transfer. (11) The availability of the text of laws regulating licensed midwifery practices and the procedure for reporting complaints to the Medical Board of California, which may be found on the Medical Board of California’s Internet Web site. (12) Consultation with a physician and surgeon does not alone create a physician-patient relationship or any other relationship with the physician and surgeon. The informed consent shall specifically state that the licensed midwife and the consulting physician and surgeon are not employees, partners, associates, agents, or principals of one another. The licensed midwife shall inform the patient that he or she is independently licensed and practicing midwifery and in that regard is solely responsible for the services he or she provides. (b) The disclosure and consent shall be signed by both the licensed midwife and the client and a copy of the disclosure and consent shall be placed in the client’s medical record. (c) The Medical Board of California may prescribe the form for the written disclosure and informed consent statement required to be used by a licensed midwife under this section. (Amended by Stats. 2013, Ch. 665, Sec. 3. (AB 1308) Effective January 1, 2014.)
  186. 2509.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 24. Licensed Midwives [2505 - 2523] ( Article 24 repealed and added by Stats. 1993, Ch. 1280, Sec. 3. )

    Verify source ↗

    The board must create and appoint a Midwifery Advisory Council, and at least half of its members must be California licensed midwives.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 24. Licensed Midwives [2505 - 2523] ( Article 24 repealed and added by Stats. 1993, Ch. 1280, Sec. 3. ) ## 2509. The board shall create and appoint a Midwifery Advisory Council consisting of licensees of the board in good standing, who need not be members of the board, and members of the public who have an interest in midwifery practice, including, but not limited to, home births. At least one-half of the council members shall be California licensed midwives. The council shall make recommendations on matters specified by the board. (Added by Stats. 2006, Ch. 536, Sec. 1. Effective January 1, 2007.)
  187. 2510.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 24. Licensed Midwives [2505 - 2523] ( Article 24 repealed and added by Stats. 1993, Ch. 1280, Sec. 3. )

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    When a client is transferred to a hospital, the licensed midwife must provide records and speak with the receiving physician. The hospital must report each planned out-of-hospital birth transfer to the Medical Board of California and the California Maternal Quality Care Collaborative.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 24. Licensed Midwives [2505 - 2523] ( Article 24 repealed and added by Stats. 1993, Ch. 1280, Sec. 3. ) ## 2510. If a client is transferred to a hospital, the licensed midwife shall provide records, including prenatal records, and speak with the receiving physician and surgeon about labor up to the point of the transfer. The hospital shall report each transfer of a planned out-of-hospital birth to the Medical Board of California and the California Maternal Quality Care Collaborative using a standardized form developed by the board. (Added by Stats. 2013, Ch. 665, Sec. 4. (AB 1308) Effective January 1, 2014.)
  188. 2511.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 24. Licensed Midwives [2505 - 2523] ( Article 24 repealed and added by Stats. 1993, Ch. 1280, Sec. 3. )

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    A person may not present themselves as a licensed midwife unless licensed by the board.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 24. Licensed Midwives [2505 - 2523] ( Article 24 repealed and added by Stats. 1993, Ch. 1280, Sec. 3. ) ## 2511. (a) No person, other than one who has been licensed to practice midwifery by the board, shall hold himself or herself out as a licensed midwife, or use any other term indicating or implying that he or she is a licensed midwife. (b) Nothing in this article shall be construed to limit in any manner the practice of an individual to whom a certificate has been issued pursuant to Article 2.5 (commencing with Section 2746) of Chapter 6, or to prevent an individual to whom a certificate has been issued pursuant to Article 2.5 (commencing with Section 2746) of Chapter 6 from holding himself or herself out as a certified nurse-midwife, nurse midwife, midwife, or from using the initials “CNM.” (Repealed and added by Stats. 1993, Ch. 1280, Sec. 3. Effective January 1, 1994.)
  189. 2511.5.

    ## 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 24. Licensed Midwives [2505 - 2523] ( Article 24 repealed and added by Stats. 1993, Ch. 1280, Sec. 3. )

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    Applicants for licensed midwife licensure must use a board-provided form, and the form must include a legal verification signed under penalty of perjury.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 24. Licensed Midwives [2505 - 2523] ( Article 24 repealed and added by Stats. 1993, Ch. 1280, Sec. 3. ) ## 2511.5. Each application for licensure as a licensed midwife shall be made upon an online electronic form, or other form, provided by the board, and each application form shall contain a legal verification by the applicant certifying under penalty of perjury that the information provided by the applicant is true and correct and that any information in supporting documents provided by the applicant is true and correct. (Added by Stats. 2021, Ch. 649, Sec. 27. (SB 806) Effective January 1, 2022.)
  190. 2512.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 24. Licensed Midwives [2505 - 2523] ( Article 24 repealed and added by Stats. 1993, Ch. 1280, Sec. 3. )

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    The board must issue a midwifery license to applicants who meet this article’s requirements and pay the fee required by Section 2520.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 24. Licensed Midwives [2505 - 2523] ( Article 24 repealed and added by Stats. 1993, Ch. 1280, Sec. 3. ) ## 2512. The board shall issue a license to practice midwifery to all applicants who meet the requirements of this article and who pay the fee required by Section 2520. (Repealed and added by Stats. 1993, Ch. 1280, Sec. 3. Effective January 1, 1994.)
  191. 2512.5.

    ## 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 24. Licensed Midwives [2505 - 2523] ( Article 24 repealed and added by Stats. 1993, Ch. 1280, Sec. 3. )

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    A person qualifies for a midwifery license only by meeting one of the listed education or licensure pathways, and the applicant must pass a board-adopted licensing exam after completing the education requirements.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 24. Licensed Midwives [2505 - 2523] ( Article 24 repealed and added by Stats. 1993, Ch. 1280, Sec. 3. ) ## 2512.5. A person is qualified for a license to practice midwifery when he or she satisfies one of the following requirements: (a) (1) Successful completion of a three-year postsecondary midwifery education program accredited by an accrediting organization approved by the board. Upon successful completion of the education requirements of this article, the applicant shall successfully complete a comprehensive licensing examination adopted by the board which is equivalent, but not identical, to the examination given by the American College of Nurse Midwives. The examination for licensure as a midwife may be conducted by the Division of Licensing under a uniform examination system, and the division may contract with organizations to administer the examination in order to carry out this purpose. The Division of Licensing may, in its discretion, designate additional written examinations for midwifery licensure that the division determines are equivalent to the examination given by the American College of Nurse Midwives. (2) The midwifery education program curriculum shall consist of not less than 84 semester units or 126 quarter units. The course of instruction shall be presented in semester or quarter units under the following formula: (A) One hour of instruction in the theory each week throughout a semester or quarter equals one unit. (B) Three hours of clinical practice each week throughout a semester or quarter equals one unit. (3) The midwifery education program shall provide both academic and clinical preparation equivalent, but not identical to that provided in programs accredited by the American College of Nurse Midwives, which shall include, but not be limited to, preparation in all of the following areas: (A) The art and science of midwifery, one-half of which shall be in theory and one-half of which shall be in clinical practice. Theory and clinical practice shall be concurrent in the areas of maternal and child health, including, but not limited to, labor and delivery, neonatal well care, and postpartum care. (B) Communications skills that include the principles of oral, written, and group communications. (C) Anatomy and physiology, genetics, obstetrics and gynecology, embryology and fetal development, neonatology, applied microbiology, chemistry, child growth and development, pharmacology, nutrition, laboratory diagnostic tests and procedures, and physical assessment. (D) Concepts in psychosocial, emotional, and cultural aspects of maternal and child care, human sexuality, counseling and teaching, maternal and infant and family bonding process, breast feeding, family planning, principles of preventive health, and community health. (E) Aspects of the normal pregnancy, labor and delivery, postpartum period, newborn care, family planning or routine gynecological care in alternative birth centers, homes, and hospitals. (F) The following shall be integrated throughout the entire curriculum: (i) Midwifery process. (ii) Basic intervention skills in preventive, remedial, and supportive midwifery. (iii) The knowledge and skills required to develop collegial relationships with health care providers from other disciplines. (iv) Related behavioral and social sciences with emphasis on societal and cultural patterns, human development, and behavior related to maternal and child health, illness, and wellness. (G) Instruction shall also be given in personal hygiene, client abuse, cultural diversity, and the legal, social, and ethical aspects of midwifery. (H) The program shall include the midwifery management process, which shall include all of the following: (i) Obtaining or updating a defined and relevant data base for assessment of the health status of the client. (ii) Identifying problems based upon correct interpretation of the data base. (iii) Preparing a defined needs or problem list, or both, with corroboration from the client. (iv) Consulting, collaborating with, and referring to, appropriate members of the health care team. (v) Providing information to enable clients to make appropriate decisions and to assume appropriate responsibility for their own health. (vi) Assuming direct responsibility for the development of comprehensive, supportive care for the client and with the client. (vii) Assuming direct responsibility for implementing the plan of care. (viii) Initiating appropriate measures for obstetrical and neonatal emergencies. (ix) Evaluating, with corroboration from the client, the achievement of health care goals and modifying the plan of care appropriately. (b) Successful completion of an educational program that the board has determined satisfies the criteria of subdivision (a) and current licensure as a midwife by a state with licensing standards that have been found by the board to be equivalent to those adopted by the board pursuant to this article. (Amended by Stats. 1999, Ch. 655, Sec. 30. Effective January 1, 2000.)
  192. 2513.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 24. Licensed Midwives [2505 - 2523] ( Article 24 repealed and added by Stats. 1993, Ch. 1280, Sec. 3. )

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    An approved midwifery education program must allow credit by examination, and the applicant must show required clinical competencies and later complete the licensing examination. New licensees may not replace formal didactic education with clinical experience starting January 1, 2015.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 24. Licensed Midwives [2505 - 2523] ( Article 24 repealed and added by Stats. 1993, Ch. 1280, Sec. 3. ) ## 2513. (a) An approved midwifery education program shall offer the opportunity for students to obtain credit by examination for previous midwifery education and clinical experience. The applicant shall demonstrate, by practical examination, the clinical competencies described in Section 2514 or established by regulation pursuant to Section 2514.5. The midwifery education program’s credit by examination policy shall be approved by the board, and shall be available to applicants upon request. The proficiency and practical examinations shall be approved by the board. Beginning January 1, 2015, new licensees shall not substitute clinical experience for formal didactic education. (b) Completion of clinical experiences shall be verified by a licensed midwife or certified nurse-midwife, and a physician and surgeon, all of whom shall be current in the knowledge and practice of obstetrics and midwifery. Physicians and surgeons, licensed midwives, and certified nurse-midwives who participate in the verification and evaluation of an applicant’s clinical experiences shall show evidence of current practice. The method used to verify clinical experiences shall be approved by the board. (c) Upon successful completion of the requirements of paragraphs (1) and (2), the applicant shall also complete the licensing examination described in paragraph (1) of subdivision (a) of Section 2512.5. (Amended by Stats. 2013, Ch. 665, Sec. 5. (AB 1308) Effective January 1, 2014.)
  193. 2513.5.

    ## 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 24. Licensed Midwives [2505 - 2523] ( Article 24 repealed and added by Stats. 1993, Ch. 1280, Sec. 3. )

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    The Medical Board of California must send fingerprint images and related information for all midwife license applicants to the Department of Justice, and the Department must return state and federal response information.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 24. Licensed Midwives [2505 - 2523] ( Article 24 repealed and added by Stats. 1993, Ch. 1280, Sec. 3. ) ## 2513.5. The Medical Board of California shall submit to the Department of Justice fingerprint images and related information required by the Department of Justice of all applicants for a midwife license, as defined by Section 2507, to determine whether the applicant has a criminal conviction record in this state or in any other jurisdiction, including foreign countries, pursuant to Section 2042. The Department of Justice shall provide a state- and federal-level response pursuant to subdivision (p) of Section 11105 of the Penal Code for the board to determine whether the applicant is subject to denial of licensure under the provisions of Division 1.5 (commencing with Section 475). (Added by Stats. 2025, Ch. 113, Sec. 9. (SB 160) Effective September 17, 2025.)
  194. 2514.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 24. Licensed Midwives [2505 - 2523] ( Article 24 repealed and added by Stats. 1993, Ch. 1280, Sec. 3. )

    Verify source ↗

    A bona fide midwifery student may practice midwifery in this state as part of the student’s course of study if supervision and client-notice requirements are met.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 24. Licensed Midwives [2505 - 2523] ( Article 24 repealed and added by Stats. 1993, Ch. 1280, Sec. 3. ) ## 2514. (a) Nothing in this chapter shall be construed to prevent a bona fide student from engaging in the practice of midwifery in this state, as part of his or her course of study, if both of the following conditions are met: (1) The student is under the supervision of a licensed midwife or certified nurse-midwife, who holds a clear and unrestricted license in this state, who is present on the premises at all times client services are provided, and who is practicing pursuant to Section 2507 or 2746.5, or a physician and surgeon. (2) The client is informed of the student’s status. (b) For the purposes of this section, a “bona fide student” means an individual who is enrolled and participating in a midwifery education program or who is enrolled in a program of supervised clinical training as part of the instruction of a three year postsecondary midwifery education program approved by the board. (Amended by Stats. 2013, Ch. 515, Sec. 17. (SB 304) Effective January 1, 2014.)
  195. 2514.5.

    ## 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 24. Licensed Midwives [2505 - 2523] ( Article 24 repealed and added by Stats. 1993, Ch. 1280, Sec. 3. )

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    The board must adopt education regulations, update specified educational requirements, review and update the regulations every two years, and adopt the written examination by July 1, 1994.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 24. Licensed Midwives [2505 - 2523] ( Article 24 repealed and added by Stats. 1993, Ch. 1280, Sec. 3. ) ## 2514.5. (a) Within 60 days following January 1, 1998, the board shall adopt regulations setting forth educational requirements. To develop these regulations, the board shall update the educational requirements set forth in Sections 2512.5, 2513, and 2514. These updated sections shall reflect national standards for the practice of midwifery and shall be subject to public hearings prior to adoption. The board shall review and update the regulations every two years. (b) The board shall adopt the written examination required by this article by July 1, 1994. (Added by Stats. 1993, Ch. 1280, Sec. 3. Effective January 1, 1994.)
  196. 2515.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 24. Licensed Midwives [2505 - 2523] ( Article 24 repealed and added by Stats. 1993, Ch. 1280, Sec. 3. )

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    The board must approve certain educational programs, and those programs must be accredited by a board-approved accrediting organization.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 24. Licensed Midwives [2505 - 2523] ( Article 24 repealed and added by Stats. 1993, Ch. 1280, Sec. 3. ) ## 2515. The board shall approve specific educational programs intended to meet the requirements of subdivision (a) of Section 2512.5 and Section 2514 for the course of academic study, documentation of experience and skill, and clinical evaluation. These programs shall also be accredited by an accrediting organization approved by the board. (Repealed and added by Stats. 1993, Ch. 1280, Sec. 3. Effective January 1, 1994.)
  197. 2515.5.

    ## 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 24. Licensed Midwives [2505 - 2523] ( Article 24 repealed and added by Stats. 1993, Ch. 1280, Sec. 3. )

    Verify source ↗

    Each applicant must provide evidence satisfactory to the board that the applicant has met the board’s educational standards or an equivalent.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 24. Licensed Midwives [2505 - 2523] ( Article 24 repealed and added by Stats. 1993, Ch. 1280, Sec. 3. ) ## 2515.5. Each applicant shall show by evidence satisfactory to the board that he or she has met the educational standards established by the board pursuant to this article or the equivalent thereof. (Added by Stats. 1993, Ch. 1280, Sec. 3. Effective January 1, 1994.)
  198. 2516.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 24. Licensed Midwives [2505 - 2523] ( Article 24 repealed and added by Stats. 1993, Ch. 1280, Sec. 3. )

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    Licensed midwives who assist or supervise births in out-of-hospital settings must file an annual report with the Department of Health Care Access and Information, and the board and department have related reporting, confidentiality, and noncompliance duties.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 24. Licensed Midwives [2505 - 2523] ( Article 24 repealed and added by Stats. 1993, Ch. 1280, Sec. 3. ) ## 2516. (a) Each licensed midwife who assists, or supervises a student midwife in assisting, in childbirth that occurs in an out-of-hospital setting shall annually report to the Department of Health Care Access and Information. The report shall be submitted no later than March 30, for the prior calendar year, in a form specified by the board and shall contain all of the following: (1) The midwife’s name and license number. (2) The calendar year being reported. (3) The following information with regard to cases in California in which the midwife, or the student midwife supervised by the midwife, assisted during the previous year when the intended place of birth at the onset of care was an out-of-hospital setting: (A) The total number of clients served as primary caregiver at the onset of care. (B) The number by county of live births attended as primary caregiver. (C) The number, by county, of cases of fetal demise, infant deaths, and maternal deaths attended as primary caregiver at the discovery of the demise or death. (D) The number of women whose primary care was transferred to another health care practitioner during the antepartum period, and the reason for each transfer. (E) The number, reason, and outcome for each elective hospital transfer during the intrapartum or postpartum period. (F) The number, reason, and outcome for each urgent or emergency transport of an expectant mother in the antepartum period. (G) The number, reason, and outcome for each urgent or emergency transport of an infant or mother during the intrapartum or immediate postpartum period. (H) The number of planned out-of-hospital births at the onset of labor and the number of births completed in an out-of-hospital setting. (I) The number of planned out-of-hospital births completed in an out-of-hospital setting that were any of the following: (i) Twin births. (ii) Multiple births other than twin births. (iii) Breech births. (iv) Vaginal births after the performance of a cesarean section. (J) A brief description of any complications resulting in the morbidity or mortality of a mother or a neonate. (K) Any other information prescribed by the board in regulations. (b) The Department of Health Care Access and Information shall maintain the confidentiality of the information submitted pursuant to this section, and shall not permit any law enforcement or regulatory agency to inspect or have copies made of the contents of any reports submitted pursuant to subdivision (a) for any purpose, including, but not limited to, investigations for licensing, certification, or regulatory purposes. (c) The Department of Health Care Access and Information shall report to the board, by April 30, those licensees who have met the requirements of subdivision (a) for that year. (d) The board shall send a written notice of noncompliance to each licensee who fails to meet the reporting requirement of subdivision (a). Failure to comply with subdivision (a) will result in the midwife being unable to renew their license without first submitting the requisite data to the Department of Health Care Access and Information for the year for which that data was missing or incomplete. The board shall not take any other action against the licensee for failure to comply with subdivision (a). (e) The board, in consultation with the Department of Health Care Access and Information and the Midwifery Advisory Council, shall devise a coding system related to data elements that require coding in order to assist in both effective reporting and the aggregation of data pursuant to subdivision (f). The Department of Health Care Access and Information shall utilize this coding system in its processing of information collected for purposes of subdivision (f). (f) The Department of Health Care Access and Information shall report the aggregate information collected pursuant to this section to the board by July 30 of each year. The board shall include this information in its annual report to the Legislature. (g) The board, with input from the Midwifery Advisory Council, may adjust the data elements required to be reported to better coordinate with other reporting systems, including the reporting system of the Midwives Alliance of North America (MANA), while maintaining the data elements unique to California. To better capture data needed for the report required by this section, the concurrent use of systems, including MANA’s, by licensed midwives is encouraged. (h) Notwithstanding any other law, a violation of this section shall not be a crime. (Amended by Stats. 2022, Ch. 511, Sec. 13. (SB 1495) Effective January 1, 2023.)
  199. 2516.5.

    ## 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 24. Licensed Midwives [2505 - 2523] ( Article 24 repealed and added by Stats. 1993, Ch. 1280, Sec. 3. )

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    This section defines a midwife assistant and allows limited support tasks only under specified authorization and supervision rules.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 24. Licensed Midwives [2505 - 2523] ( Article 24 repealed and added by Stats. 1993, Ch. 1280, Sec. 3. ) ## 2516.5. (a) As used in this section, the following definitions apply: (1) “Midwife assistant” means a person, who may be unlicensed, who performs basic administrative, clerical, and midwife technical supportive services in accordance with this chapter for a licensed midwife or certified nurse-midwife, is at least 18 years of age, and has had at least the minimum amount of hours of appropriate training pursuant to standards established by the board for a medical assistant pursuant to Section 2069. The midwife assistant shall be issued a certificate by the training institution or instructor indicating satisfactory completion of the required training. Each employer of the midwife assistant or the midwife assistant shall retain a copy of the certificate as a record. (2) “Midwife technical supportive services” means simple routine medical tasks and procedures that may be safely performed by a midwife assistant who has limited training and who functions under the supervision of a licensed midwife or certified nurse-midwife. (3) “Specific authorization” means a specific written order prepared by the supervising midwife or supervising nurse-midwife authorizing the procedures to be performed on a patient, which shall be placed in the patient’s medical record, or a standing order prepared by the supervising midwife or supervising nurse-midwife authorizing the procedures to be performed. A notation of the standing order shall be placed in the patient’s medical record. (4) “Supervision” means the supervision of procedures authorized by this section by a licensed midwife or certified nurse-midwife, within his or her scope of practice, who is physically present on the premises during the performance of those procedures. (b) Notwithstanding any other provision of law, a midwife assistant may do all of the following: (1) Administer medication only by intradermal, subcutaneous, or intramuscular injections and perform skin tests and additional technical support services upon the specific authorization and supervision of a licensed midwife or certified nurse-midwife. A midwife assistant may also perform all these tasks and services in a clinic licensed in accordance with subdivision (a) of Section 1204 of the Health and Safety Code upon the specific authorization of a licensed midwife or certified nurse-midwife. (2) Perform venipuncture or skin puncture for the purposes of withdrawing blood upon specific authorization and under the supervision of a licensed midwife or certified nurse-midwife, if the midwife assistant has met the educational and training requirements for medical assistants as established in Section 2070. Each employer of the assistant shall retain a copy of any related certificates as a record. (3) Perform the following midwife technical support services: (A) Administer medications orally, sublingually, topically, or rectally, or by providing a single dose to a patient for immediate self-administration, and administer oxygen at the direction of the supervising licensed midwife or certified nurse-midwife. The licensed midwife or certified nurse-midwife shall verify the correct medication and dosage before the midwife assistant administers medication. (B) Assist in immediate newborn care when the licensed midwife or certified nurse-midwife is engaged in a concurrent activity that precludes the licensed midwife or certified nurse-midwife from doing so. (C) Assist in placement of the device used for auscultation of fetal heart tones when a licensed midwife or certified nurse-midwife is engaged in a concurrent activity that precludes the licensed midwife or certified nurse-midwife from doing so. (D) Collect by noninvasive techniques and preserve specimens for testing, including, but not limited to, urine. (E) Assist patients to and from a patient examination room, bed, or bathroom. (F) Assist patients in activities of daily living, such as assisting with bathing or clothing. (G) As authorized by the licensed midwife or certified nurse-midwife, provide patient information and instructions. (H) Collect and record patient data, including height, weight, temperature, pulse, respiration rate, blood pressure, and basic information about the presenting and previous conditions. (I) Perform simple laboratory and screening tests customarily performed in a medical or midwife office. (4) Perform additional midwife technical support services under regulations and standards established by the board. (c) (1) Nothing in this section shall be construed as authorizing the licensure of midwife assistants. Nothing in this section shall be construed as authorizing the administration of local anesthetic agents by a midwife assistant. Nothing in this section shall be construed as authorizing the board to adopt any regulations that violate the prohibitions on diagnosis or treatment in Section 2052. (2) Nothing in this section shall be construed as authorizing a midwife assistant to perform any clinical laboratory test or examination for which he or she is not authorized under Chapter 3 (commencing with Section 1200). (d) Notwithstanding any other law, a midwife assistant shall not be employed for inpatient care in a licensed general acute care hospital as defined in subdivision (a) of Section 1250 of the Health and Safety Code. (Added by Stats. 2015, Ch. 280, Sec. 1. (SB 408) Effective January 1, 2016.)
  200. 2517.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 24. Licensed Midwives [2505 - 2523] ( Article 24 repealed and added by Stats. 1993, Ch. 1280, Sec. 3. )

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    A person convicted of a misdemeanor under Section 2052 before this article took effect cannot be denied licensure under this article solely for that 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 24. Licensed Midwives [2505 - 2523] ( Article 24 repealed and added by Stats. 1993, Ch. 1280, Sec. 3. ) ## 2517. A person who has been convicted of a misdemeanor violation of Section 2052, prior to the effective date of this article, shall not be barred from licensure under this article solely because of that conviction. (Added by Stats. 1993, Ch. 1280, Sec. 3. Effective January 1, 1994.)

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