Business and Professions Code — Part 24 | BPC — United States — California law | Esheria

Business and Professions Code

Part 24 of 52 · provisions 4,601–4,800

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. 25170.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 13. Labels and Containers [25170 - 25248] ( Chapter 13 added by Stats. 1953, Ch. 152. ) ## ARTICLE 1. Distilled Spirits [25170 - 25179] ( Article 1 added by Stats. 1953, Ch. 152. )

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    It is a misdemeanor to deliver or possess distilled spirits in a container that lacks a label showing quantity, proof strength, and the manufacturer/rectifier/importer/wholesaler name.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 13. Labels and Containers [25170 - 25248] ( Chapter 13 added by Stats. 1953, Ch. 152. ) ## ARTICLE 1. Distilled Spirits [25170 - 25179] ( Article 1 added by Stats. 1953, Ch. 152. ) ## 25170. Any person who delivers to the premises of any on- or off-sale general licensee, or any on- or off-sale general licensee who has upon his licensed premises, or any person who possesses any distilled spirits the container of which does not bear a label plainly indicating the quantity and proof strength of the contents and the name of the manufacturer, rectifier, importer, or wholesaler thereof is guilty of a misdemeanor. To the extent that such information is blown into the glass of the container, it constitutes a compliance with this section. (Added by Stats. 1953, Ch. 152.)
  2. 25171.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 13. Labels and Containers [25170 - 25248] ( Chapter 13 added by Stats. 1953, Ch. 152. ) ## ARTICLE 1. Distilled Spirits [25170 - 25179] ( Article 1 added by Stats. 1953, Ch. 152. )

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    It is a misdemeanor for covered distilled-spirits sellers to deliver, sell, or keep at the licensed premises spirits in packages that do not meet the federal standards of fill.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 13. Labels and Containers [25170 - 25248] ( Chapter 13 added by Stats. 1953, Ch. 152. ) ## ARTICLE 1. Distilled Spirits [25170 - 25179] ( Article 1 added by Stats. 1953, Ch. 152. ) ## 25171. Any rectifier or wholesaler of distilled spirits who delivers to the premises of any on- or off-sale general licensee or any on- or off-sale general licensee who sells or has in his possession at the licensed premises distilled spirits in packages containing standards of fill for distilled spirits which do not conform in all respects to the federal standards established pursuant to the regulations issued under the Federal Alcohol Administration Act (27 U.S.C. Secs. 201 et seq.) and any amendments thereto is guilty of a misdemeanor. (Amended by Stats. 1980, Ch. 24, Sec. 2.)
  3. 25171.1.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 13. Labels and Containers [25170 - 25248] ( Chapter 13 added by Stats. 1953, Ch. 152. ) ## ARTICLE 1. Distilled Spirits [25170 - 25179] ( Article 1 added by Stats. 1953, Ch. 152. )

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    Section 25171 does not apply to certain sightseeing, tourist, or charter vessels that meet specified license, operation, and passenger-capacity conditions.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 13. Labels and Containers [25170 - 25248] ( Chapter 13 added by Stats. 1953, Ch. 152. ) ## ARTICLE 1. Distilled Spirits [25170 - 25179] ( Article 1 added by Stats. 1953, Ch. 152. ) ## 25171.1. The provisions of Section 25171 shall not apply to any sightseeing, tourist or charter vessels holding on-sale general licenses for boats and regularly operated for the convenience of the general public and which have a capacity of carrying 100 or more passengers. (Added by Stats. 1975, Ch. 647.)
  4. 25172.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 13. Labels and Containers [25170 - 25248] ( Chapter 13 added by Stats. 1953, Ch. 152. ) ## ARTICLE 1. Distilled Spirits [25170 - 25179] ( Article 1 added by Stats. 1953, Ch. 152. )

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    A person who is unlicensed, or a general on-sale or off-sale licensee, must not possess distilled spirits in packages or containers larger than one gallon unless a listed licensed seller sold and delivered them for use in the trades, professions, or industries.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 13. Labels and Containers [25170 - 25248] ( Chapter 13 added by Stats. 1953, Ch. 152. ) ## ARTICLE 1. Distilled Spirits [25170 - 25179] ( Article 1 added by Stats. 1953, Ch. 152. ) ## 25172. Any unlicensed person or any on- or off-sale general licensee who has in his possession any distilled spirits in packages or containers larger than one gallon is guilty of a misdemeanor, unless the distilled spirits have been sold and delivered to the person or licensee by the holder of an industrial alcohol dealer's, distilled spirits manufacturer's, brandy manufacturer's, or rectifier’s license for use in the trades, professions, or industries. (Added by Stats. 1953, Ch. 152.)
  5. 25173.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 13. Labels and Containers [25170 - 25248] ( Chapter 13 added by Stats. 1953, Ch. 152. ) ## ARTICLE 1. Distilled Spirits [25170 - 25179] ( Article 1 added by Stats. 1953, Ch. 152. )

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    Certain alcohol dealers and manufacturers must label packages over one gallon when delivering undenatured ethyl alcohol or other distilled spirits for trade, profession, or industry use; otherwise the delivery is a misdemeanor.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 13. Labels and Containers [25170 - 25248] ( Chapter 13 added by Stats. 1953, Ch. 152. ) ## ARTICLE 1. Distilled Spirits [25170 - 25179] ( Article 1 added by Stats. 1953, Ch. 152. ) ## 25173. Any industrial alcohol dealer, distilled spirits manufacturer, craft distiller, brandy manufacturer, or rectifier who delivers undenatured ethyl alcohol or other distilled spirits in packages of more than one gallon for use in the trades, professions, or industries is guilty of a misdemeanor, unless the packages bear a label plainly stating the true and correct name and address of the industrial alcohol dealer, distilled spirits manufacturer, brandy manufacturer, or rectifier. (Amended by Stats. 2018, Ch. 695, Sec. 6. (SB 1164) Effective January 1, 2019.)
  6. 25174.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 13. Labels and Containers [25170 - 25248] ( Chapter 13 added by Stats. 1953, Ch. 152. ) ## ARTICLE 1. Distilled Spirits [25170 - 25179] ( Article 1 added by Stats. 1953, Ch. 152. )

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    The department may seize distilled spirits that are in violation of Sections 25170 to 25173.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 13. Labels and Containers [25170 - 25248] ( Chapter 13 added by Stats. 1953, Ch. 152. ) ## ARTICLE 1. Distilled Spirits [25170 - 25179] ( Article 1 added by Stats. 1953, Ch. 152. ) ## 25174. The department may seize any distilled spirits sold, served, removed, possessed, delivered, or held in any manner in violation of Sections 25170 to 25173, inclusive. (Amended by Stats. 1955, Ch. 447.)
  7. 25175.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 13. Labels and Containers [25170 - 25248] ( Chapter 13 added by Stats. 1953, Ch. 152. ) ## ARTICLE 1. Distilled Spirits [25170 - 25179] ( Article 1 added by Stats. 1953, Ch. 152. )

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    Retail sale of certain whiskey-labeled spirituous liquor products is prohibited, with specific exceptions.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 13. Labels and Containers [25170 - 25248] ( Chapter 13 added by Stats. 1953, Ch. 152. ) ## ARTICLE 1. Distilled Spirits [25170 - 25179] ( Article 1 added by Stats. 1953, Ch. 152. ) ## 25175. Any person who sells at retail any potable spirituous liquor product labeled as whiskey, including blended whiskey and blends of straight whiskeys, except products containing 20 or more percent of straight whiskey or whiskeys which have been aged in charred oak containers for three or more years after distillation and before bottling is guilty of a misdemeanor, except that this section does not prohibit the sale at retail of unaged corn whiskey, when so labeled, or the sale at retail of gins, brandies, rums, cordials, liqueurs, bitters, or other distilled liquor products, or products compounded of distilled spirits and other materials, when in no wise labeled as whiskey or blended whiskey or blends of straight whiskeys, or the sale at retail of Scotch whiskeys, or spirit whiskeys containing not less than 5 percent straight whiskey, three years old or older. (Amended by Stats. 1984, Ch. 921, Sec. 1.)
  8. 25176.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 13. Labels and Containers [25170 - 25248] ( Chapter 13 added by Stats. 1953, Ch. 152. ) ## ARTICLE 1. Distilled Spirits [25170 - 25179] ( Article 1 added by Stats. 1953, Ch. 152. )

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    A person must not refill, or cause to be refilled, any distilled spirits container with distilled spirits.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 13. Labels and Containers [25170 - 25248] ( Chapter 13 added by Stats. 1953, Ch. 152. ) ## ARTICLE 1. Distilled Spirits [25170 - 25179] ( Article 1 added by Stats. 1953, Ch. 152. ) ## 25176. Every person who refills or causes to be refilled with distilled spirits any distilled spirits container is guilty of a misdemeanor. (Amended by Stats. 2009, Ch. 68, Sec. 2. (SB 825) Effective January 1, 2010.)
  9. 25177.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 13. Labels and Containers [25170 - 25248] ( Chapter 13 added by Stats. 1953, Ch. 152. ) ## ARTICLE 1. Distilled Spirits [25170 - 25179] ( Article 1 added by Stats. 1953, Ch. 152. )

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    A person must not sell, offer for sale, or keep for sale distilled spirits if the package has been refilled or partly refilled.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 13. Labels and Containers [25170 - 25248] ( Chapter 13 added by Stats. 1953, Ch. 152. ) ## ARTICLE 1. Distilled Spirits [25170 - 25179] ( Article 1 added by Stats. 1953, Ch. 152. ) ## 25177. Every person who sells, offers for sale, or keeps for sale distilled spirits in any package which has been refilled or partly refilled is guilty of a misdemeanor. (Added by Stats. 1953, Ch. 152.)
  10. 25178.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 13. Labels and Containers [25170 - 25248] ( Chapter 13 added by Stats. 1953, Ch. 152. ) ## ARTICLE 1. Distilled Spirits [25170 - 25179] ( Article 1 added by Stats. 1953, Ch. 152. )

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    On-sale general licensees and their employees must not sell, offer for sale, or keep for sale empty distilled spirits bottles.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 13. Labels and Containers [25170 - 25248] ( Chapter 13 added by Stats. 1953, Ch. 152. ) ## ARTICLE 1. Distilled Spirits [25170 - 25179] ( Article 1 added by Stats. 1953, Ch. 152. ) ## 25178. No on-sale general licensee or any person employed by such licensee shall sell, offer for sale, or keep for sale an empty distilled spirits bottle. No criminal penalty shall be imposed for a violation of this section. For such a violation the department may impose a monetary penalty of not more than one hundred dollars ($100) or suspend or revoke a license. (Repealed and added by Stats. 1973, Ch. 177.)
  11. 25179.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 13. Labels and Containers [25170 - 25248] ( Chapter 13 added by Stats. 1953, Ch. 152. ) ## ARTICLE 1. Distilled Spirits [25170 - 25179] ( Article 1 added by Stats. 1953, Ch. 152. )

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    Agave spirits made entirely from California-grown agaves and with no flavoring or coloring additives may be labeled as “California agave spirits” or similar wording. The department may seize mislabeled agave spirits and dispose of them under Section 25355.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 13. Labels and Containers [25170 - 25248] ( Chapter 13 added by Stats. 1953, Ch. 152. ) ## ARTICLE 1. Distilled Spirits [25170 - 25179] ( Article 1 added by Stats. 1953, Ch. 152. ) ## 25179. (a) Only agave spirits produced entirely from agaves grown within California, without flavoring or coloring additives, may be labeled with the words “California agave spirits” or any combination of the words “California agave spirits,” “California agave,” or a substantially similar description. This section does not preclude the use of the word “California” to describe the location of a distillery. (b) The department may seize agave spirits labeled in violation of this section, regardless of where they are found, and may dispose of the spirits pursuant to Section 25355. (Added by Stats. 2022, Ch. 694, Sec. 1. (AB 2303) Effective January 1, 2023.)
  12. 2518.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by 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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    Midwifery licenses must be renewed every two years if the fee is paid and 36 hours of continuing education is documented.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by 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. ) ## 2518. (a) Licenses issued pursuant to this article shall be renewable every two years upon payment of the fee prescribed by Section 2520 and submission of documentation that the licenseholder has completed 36 hours of continuing education in areas that fall within the scope of the practice of midwifery, as specified by the board. (b) Each license not renewed shall expire, but may be reinstated within five years from the expiration upon payment of the prescribed fee and upon submission of proof of the applicant’s qualifications as the board may require. (c) A licensee is exempt from the payment of the renewal fee required by Section 2520 and the requirement for continuing education if the licensee has applied to the board for, and been issued, a retired status license. The holder of a retired status license may not engage in the practice of midwifery. (Amended by Stats. 2012, Ch. 799, Sec. 15. (SB 1575) Effective January 1, 2013.)
  13. 2519.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by 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 may suspend, revoke, or place a midwife’s license on probation for listed misconduct or violations.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by 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. ) ## 2519. The board may suspend, revoke, or place on probation the license of a midwife for any of the following: (a) Unprofessional conduct, which includes, but is not limited to, all of the following: (1) Incompetence or gross negligence in carrying out the usual functions of a licensed midwife. (2) Conviction of a violation of Section 2052, in which event, the record of the conviction shall be conclusive evidence thereof. (3) The use of advertising that is fraudulent or misleading. (4) Obtaining or possessing in violation of law, or prescribing, or except as directed by a licensed physician and surgeon, dentist, or podiatrist administering to themselves, or furnishing or administering to another, any controlled substance as defined in Division 10 (commencing with Section 11000) of the Health and Safety Code or any dangerous drug as defined in Article 8 (commencing with Section 4210) of Chapter 9 of Division 2 of the Business and Professions Code. (5) The use of any controlled substance as defined in Division 10 (commencing with Section 11000) of the Health and Safety Code, or any dangerous drug as defined in Article 8 (commencing with Section 4210) of Chapter 9 of Division 2 of the Business and Professions Code, or alcoholic beverages, to an extent or in a manner dangerous or injurious to themselves, any other person, or the public, or to the extent that this use impairs their ability to conduct with safety to the public the practice authorized by their license. (6) Conviction of a criminal offense involving the prescription, consumption, or self-administration of any of the substances described in paragraphs (4) and (5), or the possession of, or falsification of, a record pertaining to, the substances described in paragraph (4), in which event the record of the conviction is conclusive evidence thereof. (7) Commitment or confinement by a court of competent jurisdiction for intemperate use of or addiction to the use of any of the substances described in paragraphs (4) and (5), in which event the court order of commitment or confinement is prima facie evidence of such commitment or confinement. (8) Falsifying, or making grossly incorrect, grossly inconsistent, or unintelligible entries in any hospital, patient, or other record pertaining to the substances described in subdivision (a). (b) Procuring a license by fraud or misrepresentation. (c) Conviction of a crime substantially related to the qualifications, functions, and duties of a midwife, as determined by the board. (d) Violating or attempting to violate, directly or indirectly, or assisting in or abetting the violation of, or conspiring to violate any provision or term of this chapter. (e) Making or giving any false statement or information in connection with the application for issuance of a license. (f) Impersonating any applicant or acting as proxy for an applicant in any examination required under this chapter for the issuance of a license or a certificate. (g) Impersonating another licensed practitioner, or permitting or allowing another person to use their license or certificate for the purpose of providing midwifery services. (h) Aiding or assisting, or agreeing to aid or assist any person or persons, whether a licensed physician or not, in the performance of, or arranging for, a violation of any of the provisions of Article 12 (commencing with Section 2221) of Chapter 5. (i) Failing to do any of the following when required pursuant to Section 2507: (1) Consult with a physician and surgeon. (2) Refer a client to a physician and surgeon. (3) Transfer a client to a hospital. (Amended by Stats. 2025, Ch. 136, Sec. 5. (AB 260) Effective September 26, 2025.)
  14. 2519.5.

    ## 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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    Quality-of-care complaints must be reviewed by medical experts before a field-office referral, and the board must request specified materials. If the board does not get the requested information within 10 business days, review and referral may proceed without 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 24. Licensed Midwives [2505 - 2523] ( Article 24 repealed and added by Stats. 1993, Ch. 1280, Sec. 3. ) ## 2519.5. (a) Any complaint determined to involve quality of care, before referral to a field office for further investigation, shall meet both of the following criteria: (1) It shall be reviewed by one or more medical experts with the pertinent education, training, and expertise in midwifery to evaluate the specific standard of care issues raised by the complaint to determine if further field investigation is required. (2) It shall include the review of all of the following, which shall be requested by the board: (A) Relevant client records. (B) The statement or explanation of the care and treatment provided by the licensed midwife. (C) Any additional expert testimony or literature provided by the licensed midwife. (D) Any additional facts or information requested by the medical expert reviewers that may assist them in determining whether the care rendered constitutes a departure from the midwifery standards of care. (b) If the board does not receive the information requested pursuant to paragraph (2) of subdivision (a) within 10 business days of requesting that information, the complaint may be reviewed by the medical experts and referred to a field office for investigation without the information. (c) Nothing in this section shall impede the board’s ability to seek and obtain an interim suspension order or other emergency relief. (Amended by Stats. 2022, Ch. 510, Sec. 1. (SB 1440) Effective January 1, 2023.)
  15. 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. )

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    This section sets fees for midwife license applications, renewals, delinquent renewals, examinations, and probation monitoring, and directs those fees into the Licensed Midwifery 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 24. Licensed Midwives [2505 - 2523] ( Article 24 repealed and added by Stats. 1993, Ch. 1280, Sec. 3. ) ## 2520. (a) (1) The fee to be paid upon the filing of a license application shall be four hundred fifty dollars ($450). (2) For licenses that expire on or after January 1, 2022, the fee for renewal of the midwife license shall be three hundred dollars ($300). (3) The delinquency fee for renewal of the midwife license shall be 50 percent of the renewal fee in effect on the date of the renewal of the license, but not less than twenty-five dollars ($25) nor more than fifty dollars ($50). (4) The fee for the examination shall be the cost of administering the examination to the applicant, as determined by the organization that has entered into a contract with the board for the purposes set forth in subdivision (a) of Section 2512.5. Notwithstanding subdivision (c), that fee may be collected and retained by that organization. (b) The fee for monitoring a licensee on probation shall be the cost of monitoring, as fixed by the board. (c) The fees prescribed by this article shall be deposited in the Licensed Midwifery Fund, which is hereby established, and shall be available, upon appropriation, to the board for the purposes of this article. (Amended by Stats. 2021, Ch. 649, Sec. 29. (SB 806) Effective January 1, 2022.)
  16. 25200.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 13. Labels and Containers [25170 - 25248] ( Chapter 13 added by Stats. 1953, Ch. 152. ) ## ARTICLE 2. Beer [25200 - 25206] ( Article 2 added by Stats. 1953, Ch. 152. )

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    Beer packages sold in this state must have a label, and the label must include required information and meet federal labeling rules.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 13. Labels and Containers [25170 - 25248] ( Chapter 13 added by Stats. 1953, Ch. 152. ) ## ARTICLE 2. Beer [25200 - 25206] ( Article 2 added by Stats. 1953, Ch. 152. ) ## 25200. (a) A package or sealed container of beer shall not be sold in this state without having a label affixed to such package or container. The label shall meet the requirements of federal malt beverage labeling regulations contained in Parts 7 and 16 of Title 27 of the Code of Federal Regulations, regardless of whether the label is subject to approval by the federal Alcohol and Tobacco Tax and Trade Bureau or any successor agency. (b) (1) In addition to label requirements pursuant to subdivision (a), if not already included, the following information shall appear on the label: (A) The brand, and class or type, of beer. (B) The true and correct name and address of the manufacturer of the beer. For purposes of this provision, if multiple beer manufacturers are involved in the production of the beer pursuant to a joint venture or other collaborative arrangement, each of those manufacturers may be identified on the label. (C) The true and correct name of the bottler of the beer, if other than the manufacturer. (D) A statement of alcoholic content if the beer contains more than 5.7 percent alcohol by volume. (2) For purposes of this subdivision, the true and correct name of a manufacturer, bottler, or packager shall be deemed to include a fictitious business name for which the manufacturer, bottler, or packager has duly filed a fictitious business name statement pursuant to Section 17900. (c) Prior to the first sale of a brand of beer in this state, the manufacturer of that beer shall register the brand with the department. Upon the filing of the registration with the department, the brand may be sold in this state without further action by the department. The registration shall include the following: (1) The true name and address of the actual manufacturer of the beer. (2) Any fictitious business name of the manufacturer under which the beer is manufactured. (3) The class or type of beer and all brand names under which the beer is to be sold in this state. (4) If manufactured under contract for another beer manufacturer or other person, the true name of such other beer manufacturer or person. (5) If manufactured pursuant to a joint venture or other collaborative arrangement, the name and address of all manufacturers involved in the joint venture or other collaborative arrangement. (d) The manufacturer of the beer shall be responsible for compliance with the requirements of this section. In the case of beer manufactured pursuant to a joint venture or other collaborative arrangement, only the actual manufacturer of the beer need comply. (e) If beer is sold or offered for sale in this state without first complying with the provisions of this section, or violates any other provision of this division, the department may take such action as it deems reasonable and necessary, including, but not limited to, ordering that the beer no longer be sold or offered for sale until such time as the requirements of this section are complied with. Nothing in this section shall be deemed to prohibit the department from permitting beer that is sold or offered for sale in this state that does not comply with the requirements of this section to continue to be sold or offered for sale for a reasonable period of time to allow the manufacturer to meet the requirements of this section. (Repealed and added by Stats. 2015, Ch. 410, Sec. 2. (AB 893) Effective January 1, 2016.)
  17. 25201.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 13. Labels and Containers [25170 - 25248] ( Chapter 13 added by Stats. 1953, Ch. 152. ) ## ARTICLE 2. Beer [25200 - 25206] ( Article 2 added by Stats. 1953, Ch. 152. )

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    Beer manufacturers, importers, and wholesalers may not use beer containers or cartons for the wrong beer, and beer manufacturers who refill consumer-supplied containers must relabel them and hide prior beer information before resale.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 13. Labels and Containers [25170 - 25248] ( Chapter 13 added by Stats. 1953, Ch. 152. ) ## ARTICLE 2. Beer [25200 - 25206] ( Article 2 added by Stats. 1953, Ch. 152. ) ## 25201. (a) A manufacturer, importer, or wholesaler of beer shall not use a container or carton as a package or container of a beer other than the beer as is manufactured by the manufacturer whose name or brand of beer appears upon the container or carton, or use as a package or container of a beer a container or carton which bears the name of a manufacturer of beer or the brand of any beer other than those of the manufacturer of the beer contained in the container or carton. (b) A beer manufacturer that refills any container supplied by a consumer shall affix a label that complies with this section on the container prior to its resale to the consumer. Any information concerning any beer previously packaged in the container, including, but not limited to, information regarding the manufacturer and bottler of the beer, or any associated brands or trademarks, shall be removed or completely obscured in a manner not readily removable by the consumer prior to the resale of the container to the consumer. This subdivision does not authorize a beer manufacturer to refill a container supplied by a consumer with a capacity of five liquid gallons or more. (Added by Stats. 2015, Ch. 410, Sec. 3. (AB 893) Effective January 1, 2016.)
  18. 25202.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 13. Labels and Containers [25170 - 25248] ( Chapter 13 added by Stats. 1953, Ch. 152. ) ## ARTICLE 2. Beer [25200 - 25206] ( Article 2 added by Stats. 1953, Ch. 152. )

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    Names, brands, print, or markings first placed on certain beer containers cannot be removed or altered without the manufacturer’s written consent.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 13. Labels and Containers [25170 - 25248] ( Chapter 13 added by Stats. 1953, Ch. 152. ) ## ARTICLE 2. Beer [25200 - 25206] ( Article 2 added by Stats. 1953, Ch. 152. ) ## 25202. (a) Manufacturers’ names, brand names, print, or markings first placed on returnable beer containers, metal kegs, or cartons made of wood or fiber board shall not be obliterated, mutilated, or marked out without the written consent of the manufacturer whose name, brand, or printed markings is to be obliterated, mutilated, or marked out. (b) This section does not apply to metal kegs or wood or fiber board containers or cartons of a beer manufacturer who has discontinued business and production and is no longer a licensed beer manufacturer. (Amended by Stats. 2014, Ch. 236, Sec. 1. (AB 2203) Effective January 1, 2015.)
  19. 25203.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 13. Labels and Containers [25170 - 25248] ( Chapter 13 added by Stats. 1953, Ch. 152. ) ## ARTICLE 2. Beer [25200 - 25206] ( Article 2 added by Stats. 1953, Ch. 152. )

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    Beer manufacturers or bottlers whose beer is sold in the state must file their draught beer brand names with the department.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 13. Labels and Containers [25170 - 25248] ( Chapter 13 added by Stats. 1953, Ch. 152. ) ## ARTICLE 2. Beer [25200 - 25206] ( Article 2 added by Stats. 1953, Ch. 152. ) ## 25203. Every manufacturer or bottler of beer in this State or elsewhere whose beer is sold within the State shall file with the department the brand name or names under which he sells or labels his draught beer sold in the State. (Amended by Stats. 1955, Ch. 447.)
  20. 25205.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 13. Labels and Containers [25170 - 25248] ( Chapter 13 added by Stats. 1953, Ch. 152. ) ## ARTICLE 2. Beer [25200 - 25206] ( Article 2 added by Stats. 1953, Ch. 152. )

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    Certain beer and similar alcoholic beverage containers sold in-state must display specified alcohol-content and warning labeling.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 13. Labels and Containers [25170 - 25248] ( Chapter 13 added by Stats. 1953, Ch. 152. ) ## ARTICLE 2. Beer [25200 - 25206] ( Article 2 added by Stats. 1953, Ch. 152. ) ## 25205. (a) Any container of beer or alcoholic beverage, other than sake, that is approved for labeling as a malt beverage under the Federal Alcohol Administration Act (27 U.S.C. Sec. 201 et seq.), that derives 0.5 percent or more of its alcoholic content by volume from flavors or other ingredients containing distilled alcohol and that is sold by a manufacturer or importer to a wholesaler or retailer within this state on or after July 1, 2009, shall bear a distinctive, conspicuous, and prominently displayed label, or firmly affixed sticker, containing the following information: (1) The percentage alcohol content of the beverage by volume. (2) The phrase “CONTAINS ALCOHOL” in bold capitalized letters at least three millimeters in height and that is distinguishable from the background and placed conspicuously in either horizontal or vertical lettering on the front of the brand label. A firmly affixed sticker need not be placed on the brand label provided it is placed on the front of the container. (b) The department may require licensees to submit information as it determines to be necessary, and may adopt regulations as may be required, to implement and enforce this section. The regulations shall be for the limited purpose of ensuring compliance with this section and shall not place additional requirements on the label or sticker required by this section. Any information required to be provided by any licensee to the department pursuant to this section shall be considered confidential and corporate proprietary information. This information shall not be subject to disclosure under the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code). (c) It is the exclusive purpose of this section to identify and specially label products described in subdivision (a) and not to classify these specially labeled products. Nothing in this section shall be construed to permit the classification of any product in a manner that is inconsistent with the definitions of beer, wine, and distilled spirits set forth in Chapter 1 (commencing with Section 23000) of this division. (Amended by Stats. 2021, Ch. 615, Sec. 38. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Section 463 of Stats. 2021, Ch. 615.)
  21. 25206.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 13. Labels and Containers [25170 - 25248] ( Chapter 13 added by Stats. 1953, Ch. 152. ) ## ARTICLE 2. Beer [25200 - 25206] ( Article 2 added by Stats. 1953, Ch. 152. )

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    Retailers must not sell draught beer unless the proper tap or draught beer sign is displayed and the manufacturer or bottler has complied with this article. The department may seize and dispose of beer sold or displayed in violation.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 13. Labels and Containers [25170 - 25248] ( Chapter 13 added by Stats. 1953, Ch. 152. ) ## ARTICLE 2. Beer [25200 - 25206] ( Article 2 added by Stats. 1953, Ch. 152. ) ## 25206. No retailer shall dispense any draught beer upon which the proper tap sign or draught beer sign is not displayed or the manufacturer or bottler of which has not complied with this article. The department may seize any draught beer displayed to the public in violation of this section and may dispose of the beer pursuant to Section 25355. (Amended by Stats. 1990, Ch. 135, Sec. 1.)
  22. 2521.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by 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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    Anyone who violates this article commits a misdemeanor.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by 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. ) ## 2521. Any person who violates this article is guilty of a misdemeanor. (Added by Stats. 1993, Ch. 1280, Sec. 3. Effective January 1, 1994.)
  23. 2522.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by 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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    Some people with disciplined or surrendered licenses may ask the board to reinstate the license or change the penalty, but they must wait the required minimum time and include required facts and recommendations.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by 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. ) ## 2522. (a) A person whose license has been voluntarily surrendered while under investigation or while charges are pending or whose license has been revoked or suspended or placed on probation, may petition the board for reinstatement or modification of penalty, including modification or termination of probation. (b) The person may file the petition after a period of not less than the following minimum periods have elapsed from the effective date of the surrender of the license or the decision ordering that disciplinary action: (1) At least three years for reinstatement of a license surrendered or revoked for unprofessional conduct, except that the board may, for good cause shown, specify in a revocation order that a petition for reinstatement may be filed after two years. (2) At least two years for early termination of probation of three years or more. (3) At least one year for modification of a condition, or reinstatement of a license surrendered or revoked for mental or physical illness, or termination of probation of less than three years. (c) The petition shall state any facts as may be required by the board. The petition shall be accompanied by at least two verified recommendations from midwives licensed in any state who have personal knowledge of the activities of the petitioner since the disciplinary penalty was imposed. (d) The petition may be heard by a panel of the board. The board may assign the petition to an administrative law judge designated in Section 11371 of the Government Code. After a hearing on the petition, the administrative law judge shall provide a proposed decision to the board, which shall be acted upon in accordance with Section 2335. (e) The panel of the board or the administrative law judge hearing the petition may consider all activities of the petitioner since the disciplinary action was taken, the offense for which the petitioner was disciplined, the petitioner’s activities during the time the license was in good standing, and the petitioner’s rehabilitative efforts, general reputation for truth, and professional ability. The hearing may be continued from time to time as the administrative law judge designated in Section 11371 of the Government Code finds necessary. (f) The administrative law judge designated in Section 11371 of the Government Code reinstating a license or modifying a penalty may recommend the imposition of any terms and conditions deemed necessary. (g) No petition shall be considered while the petitioner is under sentence for any criminal offense, including any period during which the petitioner is on court-imposed probation or parole. No petition shall be considered while there is an accusation or petition to revoke probation pending against the person. The board may deny without a hearing or argument any petition filed pursuant to this section within a period of two years from the effective date of the prior decision following a hearing under this section. (Added by Stats. 2016, Ch. 303, Sec. 7. (AB 2745) Effective January 1, 2017.)
  24. 2523.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by 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 revoke the license of a person required to register as a sex offender for conduct on or after January 1, 2017, unless one of the stated exceptions applies.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 24. Licensed Midwives [2505 - 2523] ( Article 24 repealed and added by Stats. 1993, Ch. 1280, Sec. 3. ) ## 2523. (a) Except as provided in subdivisions (b) and (c), the board shall revoke the license of any person who has been required to register as a sex offender pursuant to Section 290 of the Penal Code for conduct that occurred on or after January 1, 2017. (b) This section shall not apply to a person who is required to register as a sex offender pursuant to Section 290 of the Penal Code solely because of a misdemeanor conviction under Section 314 of the Penal Code. (c) This section shall not apply to a person who has been relieved under Section 290.5 of the Penal Code of his or her duty to register as a sex offender, or whose duty to register has otherwise been formally terminated under California law. (d) A proceeding to revoke a license pursuant to this section 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. (Added by Stats. 2016, Ch. 303, Sec. 8. (AB 2745) Effective January 1, 2017.)
  25. 25235.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 13. Labels and Containers [25170 - 25248] ( Chapter 13 added by Stats. 1953, Ch. 152. ) ## ARTICLE 3. Wine [25235 - 25248] ( Article 3 added by Stats. 1953, Ch. 152. )

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    It is unlawful to sell or deliver certain wine containers to on-sale or off-sale licensees, and a licensee may not sell or keep that wine on licensed premises, unless the wine is within the stated wine grower exception.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 13. Labels and Containers [25170 - 25248] ( Chapter 13 added by Stats. 1953, Ch. 152. ) ## ARTICLE 3. Wine [25235 - 25248] ( Article 3 added by Stats. 1953, Ch. 152. ) ## 25235. It is unlawful for any person to sell to any on- or off-sale licensee or to deliver to the premises of any on- or off-sale licensee, or for any on- or off-sale licensee to sell or to have upon his or her licensed premises, wine packaged or bottled in any pocket flask container of less than 750 milliliters, the face of which is substantially rectangular and the minimum thickness of which is less than two-thirds of its maximum width, the measurements to be made on the cross-sectional axes, excluding the neck portion of the container. This section does not apply to the possession of wine in such containers on the premises of a licensed wine grower or at the branch office or warehouse or United States bonded storeroom of the wine grower located away from his place of production or manufacture. (Amended by Stats. 1989, Ch. 87, Sec. 1.)
  26. 25236.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 13. Labels and Containers [25170 - 25248] ( Chapter 13 added by Stats. 1953, Ch. 152. ) ## ARTICLE 3. Wine [25235 - 25248] ( Article 3 added by Stats. 1953, Ch. 152. )

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    Only dry wine made entirely from grapes grown in specified California counties may use the label “California central coast counties dry wine.”

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 13. Labels and Containers [25170 - 25248] ( Chapter 13 added by Stats. 1953, Ch. 152. ) ## ARTICLE 3. Wine [25235 - 25248] ( Article 3 added by Stats. 1953, Ch. 152. ) ## 25236. Only dry wine produced entirely from grapes grown within the Counties of Sonoma, Napa, Mendocino, Lake, Santa Clara, Santa Cruz, Alameda, San Benito, Solano, San Luis Obispo, Contra Costa, Monterey, and Marin may be labeled with the words “California central coast counties dry wine.” It is unlawful to label any other wine with a label containing the words “California central coast counties dry wine.” The department may seize wine labeled in violation of this section, regardless of where found and may dispose of the wine pursuant to Section 25355. (Amended by Stats. 1990, Ch. 135, Sec. 2.)
  27. 25237.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 13. Labels and Containers [25170 - 25248] ( Chapter 13 added by Stats. 1953, Ch. 152. ) ## ARTICLE 3. Wine [25235 - 25248] ( Article 3 added by Stats. 1953, Ch. 152. )

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    A representation that a wine is made entirely from grapes grown in the counties named in Section 25236 is unlawful unless that statement is true.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 13. Labels and Containers [25170 - 25248] ( Chapter 13 added by Stats. 1953, Ch. 152. ) ## ARTICLE 3. Wine [25235 - 25248] ( Article 3 added by Stats. 1953, Ch. 152. ) ## 25237. It is unlawful to make any representation that a wine is produced entirely from grapes grown in the counties mentioned in Section 25236 unless the representation is true. This section applies to representations made on labels, advertising matter, letterheads, invoices, tags, signs, business cards, and all other representations of any kind whether oral, written, or printed. (Added by Stats. 1953, Ch. 152.)
  28. 25238.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 13. Labels and Containers [25170 - 25248] ( Chapter 13 added by Stats. 1953, Ch. 152. ) ## ARTICLE 3. Wine [25235 - 25248] ( Article 3 added by Stats. 1953, Ch. 152. )

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    Winegrowers and bottlers in the specified counties must keep records of wine they did not produce and of their total wine production or bottling.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 13. Labels and Containers [25170 - 25248] ( Chapter 13 added by Stats. 1953, Ch. 152. ) ## ARTICLE 3. Wine [25235 - 25248] ( Article 3 added by Stats. 1953, Ch. 152. ) ## 25238. Every winegrower or bottler of wine of any kind within the counties specified in Section 25236 shall keep a record of all wine not produced by him or her and obtained and used by him or her for any purpose. The record shall show the date the wine is obtained, the amount thereof, the source from which obtained, the kind or type of wine, and, in detail, the purpose or purposes for which it is used. Each winegrower or bottler of wine shall keep a complete record showing the total amount of wine produced by him or her, or bottled by him or her, made entirely from grapes grown within the counties mentioned in Section 25236. (Amended by Stats. 2010, Ch. 276, Sec. 2. (SB 806) Effective January 1, 2011.)
  29. 25239.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 13. Labels and Containers [25170 - 25248] ( Chapter 13 added by Stats. 1953, Ch. 152. ) ## ARTICLE 3. Wine [25235 - 25248] ( Article 3 added by Stats. 1953, Ch. 152. )

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    A person who, intending to defraud, falsifies or copies a wine label, or uses another winery’s label or bottle without consent, commits a misdemeanor. The department may seize mislabeled wine and dispose of it under Section 25355.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 13. Labels and Containers [25170 - 25248] ( Chapter 13 added by Stats. 1953, Ch. 152. ) ## ARTICLE 3. Wine [25235 - 25248] ( Article 3 added by Stats. 1953, Ch. 152. ) ## 25239. Every person who, with intent to defraud, either falsely makes, alters, forges, or counterfeits the label for any wine or uses the label or bottle of any wine belonging to another, without his or her consent, is guilty of a misdemeanor. The department may seize wine labeled in violation of this section, regardless of where found and may dispose of the wine pursuant to Section 25355. (Amended by Stats. 1990, Ch. 135, Sec. 3.)
  30. 25240.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 13. Labels and Containers [25170 - 25248] ( Chapter 13 added by Stats. 1953, Ch. 152. ) ## ARTICLE 3. Wine [25235 - 25248] ( Article 3 added by Stats. 1953, Ch. 152. )

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    Certain wines with a non-Napa Valley viticultural area label must also show “Napa Valley” on the label, in the required type size, and the department may suspend or revoke a violator’s license.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 13. Labels and Containers [25170 - 25248] ( Chapter 13 added by Stats. 1953, Ch. 152. ) ## ARTICLE 3. Wine [25235 - 25248] ( Article 3 added by Stats. 1953, Ch. 152. ) ## 25240. (a) Any wine labeled with a viticultural area appellation of origin established pursuant to Part 9 (commencing with Section 9.1) of Title 27 of the Code of Federal Regulations, other than the viticultural area “Napa Valley,” and which is located entirely within a county of the 29th class, shall bear the designation “Napa Valley” on the label in direct conjunction therewith in a type size not smaller than 1mm less than that of the viticultural area designation provided neither designation is smaller than 2mm on containers of more than 187ml or smaller than 1mm on containers of 187ml or less. This requirement shall apply to all wines bottled on or after January 1, 1990. (b) The department may suspend or revoke the license of any person who violates this section. (c) This section shall not apply to any wine labeled with a viticultural area appellation of origin established pursuant to Part 9 (commencing with Section 9.1) of Title 27 of the Code of Federal Regulations when the name of the appellation includes the term “Napa Valley.” (Amended by Stats. 2007, Ch. 674, Sec. 2. Effective January 1, 2008.)
  31. 25241.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 13. Labels and Containers [25170 - 25248] ( Chapter 13 added by Stats. 1953, Ch. 152. ) ## ARTICLE 3. Wine [25235 - 25248] ( Article 3 added by Stats. 1953, Ch. 152. )

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    Wine sold in California cannot use Napa-related viticultural names on labels, packaging, or ads unless it qualifies for the Napa County appellation and meets the stated labeling requirements.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 13. Labels and Containers [25170 - 25248] ( Chapter 13 added by Stats. 1953, Ch. 152. ) ## ARTICLE 3. Wine [25235 - 25248] ( Article 3 added by Stats. 1953, Ch. 152. ) ## 25241. (a) (1) The Legislature finds and declares that for more than a century, Napa Valley and Napa County have been widely recognized for producing grapes and wine of the highest quality. Both consumers and the wine industry understand the name Napa County and the viticultural area appellations of origin contained within Napa County (collectively “Napa appellations”) as denoting that the wine was created with the distinctive grapes grown in Napa County. (2) The Legislature finds, however, that certain producers are using Napa appellations on labels, on packaging materials, and in advertising for wines that are not made from grapes grown in Napa County, and that consumers are confused and deceived by these practices. (3) The Legislature further finds that legislation is necessary to eliminate these misleading practices. It is the intent of the Legislature to assure consumers that the wines produced or sold in the state with brand names, packaging materials, or advertising referring to Napa appellations in fact qualify for the Napa County appellation of origin. (b) No wine produced, bottled, labeled, offered for sale or sold in California shall use, in a brand name or otherwise, on any label, packaging material, or advertising, any of the names of viticultural significance listed in subdivision (c), unless that wine qualifies under Section 4.25a of Title 27 of the Code of Federal Regulations for the appellation of origin Napa County and includes on the label, packaging material, and advertising that appellation or a viticultural area appellation of origin that is located entirely within Napa County, subject to compliance with Section 25240. Notwithstanding the above, this subdivision shall not grant any labeling, packaging, or advertising rights that are prohibited under federal law or regulations. (c) The following are names of viticultural significance for purposes of this section: (1) Napa. (2) Any viticultural area appellation of origin established pursuant to Part 9 (commencing with Section 9.1) of Title 27 of the Code of Federal Regulations that is located entirely within Napa County. (3) Any similar name to those in paragraph (1) or (2) that is likely to cause confusion as to the origin of the wine. (d) The appellation of origin required by this section shall meet the legibility and size-of-type requirements set forth in either Section 4.38 or Section 4.63 of Title 27 of the Code of Federal Regulations, whichever is applicable. (e) Notwithstanding subdivision (b), any name of viticultural significance may appear either as part of the address required by Sections 4.35 and 4.62 of Title 27 of the Code of Federal Regulations, if it is also the post office address of the bottling or producing winery or of the permittee responsible for the advertising, or as part of any factual, nonmisleading statement as to the history or location of the winery. (f) The department may suspend or revoke the license of any person who produces or bottles wine who violates this section. Following notice of violation to the person in possession of the wine and a hearing to be held within 15 days thereafter, if requested by any interested party within five days following the notice, the department may seize wine labeled or packaged in violation of this section regardless of where found, and may dispose of the wine upon order of the department. From the time of notice until the departmental determination, the wine shall not be sold or transferred. (g) This section applies only to wine which is produced, bottled, or labeled after January 1, 2001. (Added by Stats. 2000, Ch. 831, Sec. 1. Effective January 1, 2001.)
  32. 25242.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 13. Labels and Containers [25170 - 25248] ( Chapter 13 added by Stats. 1953, Ch. 152. ) ## ARTICLE 3. Wine [25235 - 25248] ( Article 3 added by Stats. 1953, Ch. 152. )

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    Wine sold in California generally may not use the listed Sonoma-related name on labels, packaging, or advertising unless the wine meets the specified appellation-of-origin condition and includes that appellation on the wine’s labeling and advertising.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 13. Labels and Containers [25170 - 25248] ( Chapter 13 added by Stats. 1953, Ch. 152. ) ## ARTICLE 3. Wine [25235 - 25248] ( Article 3 added by Stats. 1953, Ch. 152. ) ## 25242. (a) (1) The Legislature finds and declares that for more than a century, certain California counties have been widely recognized for producing grapes and wine of the highest quality. Both consumers and the wine industry associate the names of those counties with the distinctive wine produced from grapes grown within those counties. If producers were to use the names of these counties on labels, for packaging materials, and in advertising for wines that are not made from grapes grown in the designated counties, consumers may be confused or deceived by these practices. (2) It is the intent of the Legislature to assure consumers that the wines produced or sold in the state with brand names, packaging materials, or advertising that mention or refer to these California counties, in fact accurately reflect the origin of the grapes used to make the referenced wine. (b) (1) No wine produced, bottled, labeled, offered for sale or sold in California shall use, in a brand name or otherwise, on any label, packaging material, or advertising, the name of viticultural significance listed in subdivision (c), unless that wine qualifies under Section 4.25 of Title 27 of the Code of Federal Regulations for an appellation of origin that is either Sonoma County or a viticultural area lying entirely within Sonoma County and includes that appellation of origin on the label, packaging material, and advertising for the wine. (2) Notwithstanding paragraph (1), this subdivision shall not grant any labeling, packaging, or advertising rights that are prohibited under federal law or regulations. (c) The following name is of viticultural significance for purposes of this section: (1) Sonoma. (2) Any similar name to that in paragraph (1) that is likely to cause confusion as to the origin of the wine. (d) The appellation of origin required by this section shall meet the legibility and size-of-type requirements set forth in either Section 4.38 or Section 4.63 of Title 27 of the Code of Federal Regulations, whichever is applicable. (e) Notwithstanding subdivision (b), any name of viticultural significance may appear either as part of the address required by Sections 4.35 and 4.62 of Title 27 of the Code of Federal Regulations, if it is also the post office address of the bottling or producing winery or of the permittee responsible for the advertising, or as part of any factual, nonmisleading statement as to the history or location of the winery. (f) The department may suspend or revoke the license of any person who produces or bottles wine who violates this section. Following notice of violation to the person in possession of the wine and a hearing to be held within 15 days thereafter, if requested by any interested party within five days following the notice, the department may seize wine labeled or packaged in violation of this section regardless of where found, and may dispose of the wine upon order of the department. From the time of notice until the departmental determination, the wine shall not be sold or transferred. (g) This section applies only to wine which is produced, bottled, or labeled after December 31, 2008. (h) This section does not pertain to the use of a brand name, or otherwise, which was the name of the winery owner as established prior to 1950. (Added by Stats. 2006, Ch. 879, Sec. 1. Effective January 1, 2007.)
  33. 25243.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 13. Labels and Containers [25170 - 25248] ( Chapter 13 added by Stats. 1953, Ch. 152. ) ## ARTICLE 3. Wine [25235 - 25248] ( Article 3 added by Stats. 1953, Ch. 152. )

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    A wine may use certain truthful, nonmisleading origin or location statements on labels, packaging, or advertising if the stated conditions are met.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 13. Labels and Containers [25170 - 25248] ( Chapter 13 added by Stats. 1953, Ch. 152. ) ## ARTICLE 3. Wine [25235 - 25248] ( Article 3 added by Stats. 1953, Ch. 152. ) ## 25243. No provision of this article shall preclude a wine from using, on any label, packaging material, or advertising, either (a) a truthful, nonmisleading appellation of origin that complies with Section 4.25(c) of Title 27 of the Code of Federal Regulations governing multicounty appellations, or (b) a truthful, nonmisleading statement as to the geographic location of the wine’s stated appellation or appellations of origin which is located in not more than two counties, for which the wine qualifies under applicable federal law, or both the appellation of origin and the statement of geographic location; provided that the label, packaging material, or advertising contains no other use of a name of viticultural significance, in a brand name or otherwise, that is prohibited by Section 25241 or 25242. (Added by Stats. 2006, Ch. 879, Sec. 2. Effective January 1, 2007.)
  34. 25244.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 13. Labels and Containers [25170 - 25248] ( Chapter 13 added by Stats. 1953, Ch. 152. ) ## ARTICLE 3. Wine [25235 - 25248] ( Article 3 added by Stats. 1953, Ch. 152. )

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    Wine labeled with a qualifying viticultural area appellation entirely within Paso Robles must also show “Paso Robles” on the label, and the department may suspend or revoke a violator’s license.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 13. Labels and Containers [25170 - 25248] ( Chapter 13 added by Stats. 1953, Ch. 152. ) ## ARTICLE 3. Wine [25235 - 25248] ( Article 3 added by Stats. 1953, Ch. 152. ) ## 25244. (a) Any wine labeled with a viticultural area appellation of origin established pursuant to Part 9 (commencing with Section 9.1) of Title 27 of the Code of Federal Regulations that is located entirely within the “Paso Robles” viticultural area shall bear the designation “Paso Robles” on the label in direct conjunction therewith in a type size not smaller than 1mm less than that of said viticultural area designation, provided neither designation is smaller than 2mm on containers of more than 187ml or smaller than 1mm on containers of 187ml or less. (b) The department may suspend or revoke the license of any person who violates this section. (c) This section shall not apply to any wine labeled with a viticultural area appellation of origin established pursuant to Part 9 (commencing with Section 9.1) of Title 27 of the Code of Federal Regulations when the name of the appellation includes the term “Paso Robles.” (d) This section applies only to wine that is bottled on or after January 1, 2008. (Added by Stats. 2007, Ch. 674, Sec. 3. Effective January 1, 2008.)
  35. 25245.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 13. Labels and Containers [25170 - 25248] ( Chapter 13 added by Stats. 1953, Ch. 152. ) ## ARTICLE 3. Wine [25235 - 25248] ( Article 3 added by Stats. 1953, Ch. 152. )

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    Certain wines tied to the Lodi viticultural area must show “Lodi” on the label, with minimum type-size rules; the rule does not apply if the appellation name already includes “Lodi.”

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 13. Labels and Containers [25170 - 25248] ( Chapter 13 added by Stats. 1953, Ch. 152. ) ## ARTICLE 3. Wine [25235 - 25248] ( Article 3 added by Stats. 1953, Ch. 152. ) ## 25245. (a) Any wine labeled with a viticultural area appellation of origin established pursuant to Part 9 (commencing with Section 9.1) of Title 27 of the Code of Federal Regulations that is located entirely within the “Lodi” viticultural area shall bear the designation “Lodi” on the label in direct conjunction therewith in a type size not smaller than 1mm less than that of said viticultural area designation, provided neither designation is smaller than 2mm on containers of more than 187ml or smaller than 1mm on containers of 187ml or less. (b) The department may suspend or revoke the license of any person who violates this section. (c) This section shall not apply to any wine labeled with a viticultural area appellation of origin established pursuant to Part 9 (commencing with Section 9.1) of Title 27 of the Code of Federal Regulations when the name of the appellation includes the term “Lodi.” (d) This section applies only to wine that is bottled on or after January 1, 2009. (Added by Stats. 2008, Ch. 75, Sec. 2. Effective January 1, 2009.)
  36. 25246.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 13. Labels and Containers [25170 - 25248] ( Chapter 13 added by Stats. 1953, Ch. 152. ) ## ARTICLE 3. Wine [25235 - 25248] ( Article 3 added by Stats. 1953, Ch. 152. )

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    Some wines labeled with an eligible American Viticultural Area must show “Sonoma County” on the label in a minimum type size, unless a qualifying appellation name already includes “Sonoma County.”

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 13. Labels and Containers [25170 - 25248] ( Chapter 13 added by Stats. 1953, Ch. 152. ) ## ARTICLE 3. Wine [25235 - 25248] ( Article 3 added by Stats. 1953, Ch. 152. ) ## 25246. (a) Any wine labeled with an American Viticultural Area established pursuant to Part 9 (commencing with Section 9.1) of Title 27 of the Code of Federal Regulations, that is located entirely within a county of the 19th class, shall bear the designation “Sonoma County” on the label in a type size not smaller than two millimeters on containers of more than 187 milliliters or smaller than one millimeter on containers of 187 milliliters or less. (b) The department may suspend or revoke the license of any person who violates this section. (c) This section shall not apply to any wine labeled with a viticultural area appellation of origin established pursuant to Part 9 (commencing with Section 9.1) of Title 27 of the Code of Federal Regulations when the name of the appellation includes the term “Sonoma County.” (d) This section shall apply to wines bottled on or after January 1, 2014. (Added by Stats. 2010, Ch. 242, Sec. 1. (AB 1798) Effective January 1, 2011.)
  37. 25247.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 13. Labels and Containers [25170 - 25248] ( Chapter 13 added by Stats. 1953, Ch. 152. ) ## ARTICLE 3. Wine [25235 - 25248] ( Article 3 added by Stats. 1953, Ch. 152. )

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    Some Monterey County AVA wines must show “Monterey County” on the label at a minimum type size, with a narrow exemption for wines whose appellation name is “Monterey.”

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 13. Labels and Containers [25170 - 25248] ( Chapter 13 added by Stats. 1953, Ch. 152. ) ## ARTICLE 3. Wine [25235 - 25248] ( Article 3 added by Stats. 1953, Ch. 152. ) ## 25247. (a) Any wine labeled with an American Viticultural Area established pursuant to Part 9 (commencing with Section 9.1) of Title 27 of the Code of Federal Regulations that is located entirely within the County of Monterey shall bear the designation “Monterey County” on the label in a type size not smaller than two millimeters on containers of more than 187 milliliters or smaller than one millimeter on containers of 187 milliliters or less. (b) The department may suspend or revoke the license of any person who violates this section. (c) This section shall not apply to any wine labeled with a viticultural area appellation of origin established pursuant to Part 9 (commencing with Section 9.1) of Title 27 of the Code of Federal Regulations when the name of the appellation is “Monterey.” (d) This section shall apply to wines bottled on or after January 1, 2019. (e) Except as provided in subdivision (b), a violation of this section shall not subject a person to any civil or criminal penalties pursuant to this division. (Added by Stats. 2015, Ch. 167, Sec. 1. (AB 394) Effective January 1, 2016.)
  38. 25248.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 13. Labels and Containers [25170 - 25248] ( Chapter 13 added by Stats. 1953, Ch. 152. ) ## ARTICLE 3. Wine [25235 - 25248] ( Article 3 added by Stats. 1953, Ch. 152. )

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    Certain Mendocino County AVA wines must carry the words “Mendocino County” on the label, unless a stated appellation name already includes “Mendocino.”

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 13. Labels and Containers [25170 - 25248] ( Chapter 13 added by Stats. 1953, Ch. 152. ) ## ARTICLE 3. Wine [25235 - 25248] ( Article 3 added by Stats. 1953, Ch. 152. ) ## 25248. (a) Any wine labeled with an American Viticultural Area established pursuant to Part 9 (commencing with Section 9.1) of Title 27 of the Code of Federal Regulations that is located entirely within the County of Mendocino shall bear the designation “Mendocino County” on the label in a type size not smaller than two millimeters on containers of more than 187 milliliters or not smaller than one millimeter on containers of 187 milliliters or less. (b) The department may suspend or revoke the license of any person who violates this section. (c) This section shall not apply to any wine labeled with a viticultural area appellation of origin established pursuant to Part 9 (commencing with Section 9.1) of Title 27 of the Code of Federal Regulations when the name of the appellation includes “Mendocino.” (d) This section shall apply to wines bottled on or after January 1, 2023. (e) Except as provided in subdivision (b), a violation of this section shall not subject a person to any civil or criminal penalties pursuant to this division. (Added by Stats. 2020, Ch. 362, Sec. 2. (SB 918) Effective January 1, 2021.)
  39. 2525.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 25. Recommending Medical Cannabis [2525 - 2525.5] ( Article 25 added by Stats. 2015, Ch. 719, Sec. 5. )

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    A physician and surgeon who recommends cannabis for a medical purpose may not accept, solicit, or offer remuneration involving a licensed facility if the physician or immediate family has a financial interest in that facility.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 25. Recommending Medical Cannabis [2525 - 2525.5] ( Article 25 added by Stats. 2015, Ch. 719, Sec. 5. ) ## 2525. (a) It is unlawful for a physician and surgeon who recommends cannabis to a patient for a medical purpose to accept, solicit, or offer any form of remuneration from or to a facility issued a state license pursuant to Division 10 (commencing with Section 26000), if the physician and surgeon or his or her immediate family have a financial interest in that facility. (b) For the purposes of this section, “financial interest” shall have the same meaning as in Section 650.01. (c) A violation of this section shall be a misdemeanor punishable by up to one year in county jail and a fine of up to five thousand dollars ($5,000) or by civil penalties of up to five thousand dollars ($5,000) and shall constitute unprofessional conduct. (Amended by Stats. 2018, Ch. 599, Sec. 3. (AB 3261) Effective January 1, 2019.)
  40. 2525.1.

    ## 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 25. Recommending Medical Cannabis [2525 - 2525.5] ( Article 25 added by Stats. 2015, Ch. 719, Sec. 5. )

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    The Medical Board of California must consult with the California Marijuana Research Program when developing and adopting medical guidelines for the appropriate administration and use of medical cannabis.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 25. Recommending Medical Cannabis [2525 - 2525.5] ( Article 25 added by Stats. 2015, Ch. 719, Sec. 5. ) ## 2525.1. The Medical Board of California shall consult with the California Marijuana Research Program, known as the Center for Medicinal Cannabis Research, authorized pursuant to Section 11362.9 of the Health and Safety Code, on developing and adopting medical guidelines for the appropriate administration and use of medical cannabis. (Added by Stats. 2015, Ch. 719, Sec. 5. (SB 643) Effective January 1, 2016.)
  41. 2525.2.

    ## 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 25. Recommending Medical Cannabis [2525 - 2525.5] ( Article 25 added by Stats. 2015, Ch. 719, Sec. 5. )

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    Certain licensed California medical or osteopathic practitioners may not recommend medical cannabis to a patient unless they are the patient’s attending physician.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 25. Recommending Medical Cannabis [2525 - 2525.5] ( Article 25 added by Stats. 2015, Ch. 719, Sec. 5. ) ## 2525.2. An individual who possesses a license in good standing to practice medicine or osteopathy issued by the Medical Board of California, the California Board of Podiatric Medicine, or the Osteopathic Medical Board of California shall not recommend medical cannabis to a patient, unless that person is the patient’s attending physician, as defined by subdivision (a) of Section 11362.7 of the Health and Safety Code. (Amended by Stats. 2017, Ch. 775, Sec. 96. (SB 798) Effective January 1, 2018.)
  42. 2525.3.

    ## 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 25. Recommending Medical Cannabis [2525 - 2525.5] ( Article 25 added by Stats. 2015, Ch. 719, Sec. 5. )

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    A person may not recommend medical cannabis for a medical purpose without a prior appropriate examination and medical indication; doing so is unprofessional conduct.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 25. Recommending Medical Cannabis [2525 - 2525.5] ( Article 25 added by Stats. 2015, Ch. 719, Sec. 5. ) ## 2525.3. Recommending medical cannabis to a patient for a medical purpose without an appropriate prior examination and a medical indication constitutes unprofessional conduct. (Added by Stats. 2015, Ch. 719, Sec. 5. (SB 643) Effective January 1, 2016.)
  43. 2525.4.

    ## 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 25. Recommending Medical Cannabis [2525 - 2525.5] ( Article 25 added by Stats. 2015, Ch. 719, Sec. 5. )

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    An attending physician recommending medical cannabis must not be employed by, or make other agreements with, a person or entity that dispenses medical cannabis.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 25. Recommending Medical Cannabis [2525 - 2525.5] ( Article 25 added by Stats. 2015, Ch. 719, Sec. 5. ) ## 2525.4. It is unprofessional conduct for any attending physician recommending medical cannabis to be employed by, or enter into any other agreement with, any person or entity dispensing medical cannabis. (Added by Stats. 2015, Ch. 719, Sec. 5. (SB 643) Effective January 1, 2016.)
  44. 2525.5.

    ## 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 25. Recommending Medical Cannabis [2525 - 2525.5] ( Article 25 added by Stats. 2015, Ch. 719, Sec. 5. )

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    A person may not distribute advertising for physician recommendations for medical cannabis in California unless the ad includes the required consumer notice, and price advertising must not be fraudulent, deceitful, or misleading.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 25. Recommending Medical Cannabis [2525 - 2525.5] ( Article 25 added by Stats. 2015, Ch. 719, Sec. 5. ) ## 2525.5. (a) A person shall not distribute any form of advertising for physician recommendations for medical cannabis in California unless the advertisement bears the following notice to consumers: NOTICE TO CONSUMERS: The Compassionate Use Act of 1996 ensures that seriously ill Californians have the right to obtain and use cannabis for medical purposes where medical use is deemed appropriate and has been recommended by a physician who has determined that the person’s health would benefit from the use of medical cannabis. Recommendations must come from an attending physician as defined in Section 11362.7 of the Health and Safety Code. Cannabis is a Schedule I drug according to the federal Controlled Substances Act. Activity related to cannabis use is subject to federal prosecution, regardless of the protections provided by state law. (b) Advertising for attending physician recommendations for medical cannabis shall meet all of the requirements in Section 651. Price advertising shall not be fraudulent, deceitful, or misleading, including statements or advertisements of bait, discounts, premiums, gifts, or statements of a similar nature. (Added by Stats. 2015, Ch. 719, Sec. 5. (SB 643) Effective January 1, 2016.)
  45. 2529.8.1.

    ## 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 26. Athletic Trainers [2529.8.1- 2529.8.1.] ( Article 26 added by Stats. 2024, Ch. 934, Sec. 1. )

    Verify source ↗

    A person may not present themselves as an athletic trainer or use athletic trainer titles unless they meet the stated education/certification requirements, and some people are exempt or temporarily covered by a collective bargaining agreement.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 26. Athletic Trainers [2529.8.1- 2529.8.1.] ( Article 26 added by Stats. 2024, Ch. 934, Sec. 1. ) ## 2529.8.1. (a) A person shall not hold themselves out to be an athletic trainer, use the title “athletic trainer,” “certified athletic trainer,” “licensed athletic trainer,” “registered athletic trainer,” or any other term such as “AT,” “ATC,” “LAT,” or “CAT” to imply or suggest that the person is an athletic trainer, unless they meet the following requirements: (1) Have done either of the following: (A) Graduated from a college or university after completing an athletic training education program accredited by the Commission on Accreditation of Athletic Training Education, or its predecessors or successors. (B) Completed eligibility requirements for certification by the Board of Certification for the Athletic Trainer, or its predecessors or successors. (2) Is certified by the Board of Certification for the Athletic Trainer, or its predecessors or successors. (b) It is an unfair business practice within the meaning of Chapter 5 (commencing with Section 17200) of Part 2 of Division 7 for a person to use the title “athletic trainer,” “certified athletic trainer,” “licensed athletic trainer,” “registered athletic trainer,” or any other term such as “AT,” “ATC,” “LAT,” or “CAT,” that implies or suggests that the person is an athletic trainer, if they do not meet the requirements of subdivision (a). (c) A person shall not hold themselves out to be an athletic trainer or use any of the titles listed under subdivisions (a) and (b) if either of the following is true: (1) The person has been convicted in a court in or outside of this state of any offense that, if committed or attempted in this state, based on the elements of the convicted offense, would have been punishable as one or more of the offenses described in subdivision (c) of Section 290 of the Penal Code. (2) The person has an athletic trainer license or registration in another state that was disciplined or is otherwise restricted, or if an accusation or similar document initiating disciplinary action is pending against the license or registration. (d) A person who is currently using one of the titles listed under subdivisions (a) and (b) and is covered under a collective bargaining agreement is not subject to the requirements of this section until the parties to that bargaining agreement renew that agreement. At that time, a person shall not use the titles listed in subdivisions (a) and (b) if the individual does not meet the requirements of this section. Those individuals may choose a different title to describe their positions under the new collective bargaining agreement. (e) An employee whose title is changed in order to comply with this section shall not suffer any loss of employment status as a result of the title change, including, but not limited to, layoff, demotion, termination, reclassification, or loss of pay, seniority, benefits, or any other status or compensation related to the position. (f) This section does not apply to professional trainers licensed by the State Athletic Commission. (Amended by Stats. 2025, Ch. 67, Sec. 6. (AB 1170) Effective January 1, 2026.)
  46. 2530.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.3. Speech-Language Pathologists, Audiologists, and Hearing Aid Dispensers [2530 - 2539.14] ( Heading of Chapter 5.3 amended by Stats. 2022, Ch. 415, Sec. 1. ) ## ARTICLE 1. General Provisions [2530 - 2530.7] ( Article 1 added by Stats. 1972, Ch. 1355. )

    Verify source ↗

    This section says the act may be cited by a specified name.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.3. Speech-Language Pathologists, Audiologists, and Hearing Aid Dispensers [2530 - 2539.14] ( Heading of Chapter 5.3 amended by Stats. 2022, Ch. 415, Sec. 1. ) ## ARTICLE 1. General Provisions [2530 - 2530.7] ( Article 1 added by Stats. 1972, Ch. 1355. ) ## 2530. This act may be cited as the “Speech-Language Pathologists and Audiologists and Hearing Aid Dispensers Licensure Act.” (Amended by Stats. 2011, Ch. 449, Sec. 2. (SB 933) Effective January 1, 2012.)
  47. 2530.1.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.3. Speech-Language Pathologists, Audiologists, and Hearing Aid Dispensers [2530 - 2539.14] ( Heading of Chapter 5.3 amended by Stats. 2022, Ch. 415, Sec. 1. ) ## ARTICLE 1. General Provisions [2530 - 2530.7] ( Article 1 added by Stats. 1972, Ch. 1355. )

    Verify source ↗

    The Legislature declares that speech-language pathology, audiology, and hearing aid dispensing in California affect public health, safety, and welfare and should be regulated and controlled.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.3. Speech-Language Pathologists, Audiologists, and Hearing Aid Dispensers [2530 - 2539.14] ( Heading of Chapter 5.3 amended by Stats. 2022, Ch. 415, Sec. 1. ) ## ARTICLE 1. General Provisions [2530 - 2530.7] ( Article 1 added by Stats. 1972, Ch. 1355. ) ## 2530.1. The Legislature finds and declares that the practice of speech-language pathology and audiology and hearing aid dispensing in California affects the public health, safety, and welfare and there is a necessity for those professions to be subject to regulation and control. (Amended by Stats. 2011, Ch. 449, Sec. 3. (SB 933) Effective January 1, 2012.)
  48. 2530.2.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.3. Speech-Language Pathologists, Audiologists, and Hearing Aid Dispensers [2530 - 2539.14] ( Heading of Chapter 5.3 amended by Stats. 2022, Ch. 415, Sec. 1. ) ## ARTICLE 1. General Provisions [2530 - 2530.7] ( Article 1 added by Stats. 1972, Ch. 1355. )

    Verify source ↗

    This section defines key terms and sets conditions for speech-language pathologists, audiologists, aides, and assistants, including supervision and verification rules for certain endoscopic procedures and cerumen removal.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.3. Speech-Language Pathologists, Audiologists, and Hearing Aid Dispensers [2530 - 2539.14] ( Heading of Chapter 5.3 amended by Stats. 2022, Ch. 415, Sec. 1. ) ## ARTICLE 1. General Provisions [2530 - 2530.7] ( Article 1 added by Stats. 1972, Ch. 1355. ) ## 2530.2. As used in this chapter, unless the context otherwise requires: (a) “Board” means the Speech-Language Pathology and Audiology and Hearing Aid Dispensers Board. (b) “Person” means any individual, partnership, corporation, limited liability company, or other organization or combination thereof, except that only individuals can be licensed under this chapter. (c) A “speech-language pathologist” is a person who practices speech-language pathology. (d) The practice of speech-language pathology means all of the following: (1) The application of principles, methods, instrumental procedures, and noninstrumental procedures for measurement, testing, screening, evaluation, identification, prediction, and counseling related to the development and disorders of speech, voice, language, or swallowing. (2) The application of principles and methods for preventing, planning, directing, conducting, and supervising programs for habilitating, rehabilitating, ameliorating, managing, or modifying disorders of speech, voice, language, or swallowing in individuals or groups of individuals. (3) Conducting hearing screenings. (4) Performing suctioning in connection with the scope of practice described in paragraphs (1) and (2), after compliance with a medical facility’s training protocols on suctioning procedures. (e) (1) Instrumental procedures referred to in subdivision (d) are the use of rigid and flexible endoscopes to observe the pharyngeal and laryngeal areas of the throat in order to observe, collect data, and measure the parameters of communication and swallowing as well as to guide communication and swallowing assessment and therapy. Passage of these instruments without the presence of a physician and surgeon is subject to paragraph (2). (2) Nothing in this subdivision shall be construed as a diagnosis. Any observation of an abnormality shall be referred to a physician and surgeon. (f) (1) A licensed speech-language pathologist shall not perform a flexible fiber optic transnasal endoscopic procedure unless they have received written verification from one otolaryngologist certified by the American Board of Otolaryngology – Head and Neck Surgery that the speech-language pathologist has performed a minimum of 25 supervised flexible fiber optic transnasal endoscopic procedures and they are competent to perform these procedures. Of these 25 procedures, the first 10 procedures shall be supervised by a licensed physician and surgeon who performs nasal endoscopy as part of their practice and the subsequent 15 procedures shall be supervised by either a licensed physician and surgeon who performs nasal endoscopy as part of their practice or by another licensed speech-language pathologist who is verified as competent in performing flexible fiber optic transnasal endoscopic procedures. The speech-language pathologist shall have this written verification on file and readily available for inspection upon request by the board. A speech-language pathologist with a verification on file shall pass a flexible fiber optic transnasal endoscopic instrument only upon the orders of a licensed physician and surgeon. The order by a physician and surgeon is deemed to allow a speech-language pathologist with verification, in accordance with this paragraph, to perform fiber optic transnasal endoscopic procedures at a location based on the patient’s medical needs that complies with procedures specified in paragraph (1) of subdivision (g). (2) A licensed speech-language pathologist who holds a written verification pursuant to this subdivision that was issued before January 1, 2023, shall be deemed to meet the requirements described in paragraph (1). (g) (1) A licensed speech-language pathologist shall only perform flexible endoscopic procedures described in subdivision (e) in the following settings that requires the facility to have protocols for emergency medical backup procedures, including a physician and surgeon or other appropriate medical professionals being readily available. (A) A clinic, as defined in Section 1200 of the Health and Safety Code. (B) A facility described in Chapter 2.5 (commencing with Section 1440) of Division 2 of the Health and Safety Code. (C) A health facility, as defined in Section 1250 of the Health and Safety Code. (D) A hospice facility licensed pursuant to Chapter 8.5 (commencing with Section 1745) of Division 2 of the Health and Safety Code. (E) A medical group practice, including a professional medical corporation, as defined in Section 2406, another form of corporation controlled by physicians and surgeons, a medical partnership, a medical foundation exempt from licensure, or another lawfully organized group of physicians and surgeons that provides health care services. (2) A licensed speech-language pathologist performing flexible fiber optic transnasal endoscopic procedures on patients who have contraindications to the procedure shall consult and document clearance with the physician and surgeon that the licensed speech-language pathologist can safely perform the procedure. For purposes of this paragraph, contraindications for these procedures may include, but are not limited to, cases of bilateral obstruction of nasal passages, refractory epistaxis, cardiac disorder with acute risk of vasovagal episode and bradycardia, history of vasovagal episodes, facial trauma, recent trauma to the nasal cavity, or surrounding tissue and structures secondary to surgery or injury, severe bleeding disorders, severe movement disorders, severe agitation, and inability to cooperate with the examination. (h) “Speech-language pathology aide” means any person meeting the minimum requirements established by the board, who works directly under the supervision of a speech-language pathologist. (i) (1) “Speech-language pathology assistant” means a person who meets the academic and supervised training requirements set forth by the board and who is approved by the board to assist in the provision of speech-language pathology under the direction and supervision of a speech-language pathologist who shall be responsible for the extent, kind, and quality of the services provided by the speech-language pathology assistant. (2) The supervising speech-language pathologist employed or contracted for by a public school may hold a valid and current license issued by the board, a valid, current, and professional clear clinical or rehabilitative services credential in language, speech, and hearing issued by the Commission on Teacher Credentialing, or other credential authorizing service in language, speech, and hearing issued by the Commission on Teacher Credentialing that is not issued on the basis of an emergency permit or waiver of requirements. For purposes of this paragraph, a “clear” credential is a credential that is not issued pursuant to a waiver or emergency permit and is as otherwise defined by the Commission on Teacher Credentialing. Nothing in this section referring to credentialed supervising speech-language pathologists expands existing exemptions from licensing pursuant to Section 2530.5. (j) An “audiologist” is one who practices audiology. (k) “The practice of audiology” means the application of principles, methods, and procedures of measurement, testing, appraisal, prediction, consultation, counseling, and instruction related to auditory, vestibular, and related functions and the modification of communicative disorders involving speech, language, auditory behavior, or other aberrant behavior resulting from auditory dysfunction; and the planning, directing, conducting, supervising, or participating in programs of identification of auditory disorders, hearing conservation, cerumen removal, aural habilitation, and rehabilitation, including hearing aid recommendation and evaluation procedures, including, but not limited to, specifying amplification requirements and evaluation of the results thereof, auditory training, and speech reading, and the selling of hearing aids. (l) A “dispensing audiologist” is a person who is authorized to sell hearing aids pursuant to their audiology license. (m) “Audiology aide” means any person meeting the minimum requirements established by the board who works directly under the supervision of an audiologist. The board may by regulation exempt certain functions performed by an industrial audiology aide from supervision provided that their employer has established a set of procedures or protocols that the aide shall follow in performing these functions. (n) “Medical board” means the Medical Board of California. (o) A “hearing screening” performed by a speech-language pathologist means a binary puretone screening at a preset intensity level for the purpose of determining if the screened individuals are in need of further medical or audiological evaluation. (p) “Cerumen removal” means the nonroutine removal of cerumen within the cartilaginous ear canal necessary for access in performance of audiological procedures that shall occur under physician and surgeon supervision. Cerumen removal, as provided by this section, shall only be performed by a licensed audiologist. Physician and surgeon supervision shall not be construed to require the physical presence of the physician, but shall include all of the following: (1) Collaboration on the development of written standardized protocols. The protocols shall include a requirement that the supervised audiologist immediately refer to an appropriate physician any trauma, including skin tears, bleeding, or other pathology of the ear discovered in the process of cerumen removal as defined in this subdivision. (2) Approval by the supervising physician of the written standardized protocol. (3) The supervising physician shall be within the general vicinity, as provided by the physician-audiologist protocol, of the supervised audiologist and available by telephone contact at the time of cerumen removal. (4) A licensed physician and surgeon may not simultaneously supervise more than two audiologists for purposes of cerumen removal. (Amended by Stats. 2024, Ch. 80, Sec. 3. (SB 1525) Effective January 1, 2025.)
  49. 2530.3.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.3. Speech-Language Pathologists, Audiologists, and Hearing Aid Dispensers [2530 - 2539.14] ( Heading of Chapter 5.3 amended by Stats. 2022, Ch. 415, Sec. 1. ) ## ARTICLE 1. General Provisions [2530 - 2530.7] ( Article 1 added by Stats. 1972, Ch. 1355. )

    Verify source ↗

    This section defines when a person is held out as a speech-language pathologist or an audiologist based on the titles or service descriptions they use, or by claiming to treat certain speech disorders.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.3. Speech-Language Pathologists, Audiologists, and Hearing Aid Dispensers [2530 - 2539.14] ( Heading of Chapter 5.3 amended by Stats. 2022, Ch. 415, Sec. 1. ) ## ARTICLE 1. General Provisions [2530 - 2530.7] ( Article 1 added by Stats. 1972, Ch. 1355. ) ## 2530.3. (a) A person represents themselves to be a speech-language pathologist when they hold themselves out to the public by any title or description of services incorporating the words “speech pathologist,” “speech pathology,” “speech therapy,” “speech correction,” “speech correctionist,” “speech therapist,” “speech clinic,” “speech clinician,” “language pathologist,” “language pathology,” “logopedics,” “logopedist,” “communicology,” “communicologist,” “aphasiologist,” “voice therapy,” “voice therapist,” “voice pathology,” or “voice pathologist,” “language therapist,” or “phoniatrist,” or any similar titles; or when they purport to treat stuttering, stammering, or other disorders of speech. (b) A person represents themselves to be an audiologist when they hold themselves out to the public by any title or description of services incorporating the terms “audiology,” “audiologist,” “audiological,” “hearing clinic,” “hearing clinician,” “hearing therapist,” or any similar titles. (Amended by Stats. 2023, Ch. 510, Sec. 3. (SB 887) Effective January 1, 2024.)
  50. 2530.4.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.3. Speech-Language Pathologists, Audiologists, and Hearing Aid Dispensers [2530 - 2539.14] ( Heading of Chapter 5.3 amended by Stats. 2022, Ch. 415, Sec. 1. ) ## ARTICLE 1. General Provisions [2530 - 2530.7] ( Article 1 added by Stats. 1972, Ch. 1355. )

    Verify source ↗

    A speech-language pathologist or audiologist is not authorized by this chapter to practice medicine, surgery, or any other form of healing, except as allowed by Section 2530.2.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.3. Speech-Language Pathologists, Audiologists, and Hearing Aid Dispensers [2530 - 2539.14] ( Heading of Chapter 5.3 amended by Stats. 2022, Ch. 415, Sec. 1. ) ## ARTICLE 1. General Provisions [2530 - 2530.7] ( Article 1 added by Stats. 1972, Ch. 1355. ) ## 2530.4. Nothing in this chapter shall be construed as authorizing a speech-language pathologist or audiologist to practice medicine, surgery, or any other form of healing, except that authorized by Section 2530.2. (Amended by Stats. 1994, Ch. 26, Sec. 33. Effective March 30, 1994.)
  51. 2530.5.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.3. Speech-Language Pathologists, Audiologists, and Hearing Aid Dispensers [2530 - 2539.14] ( Heading of Chapter 5.3 amended by Stats. 2022, Ch. 415, Sec. 1. ) ## ARTICLE 1. General Provisions [2530 - 2530.7] ( Article 1 added by Stats. 1972, Ch. 1355. )

    Verify source ↗

    This section says the chapter does not block several listed hearing, speech-language, and audiology activities, and it gives the board power over supervised applicants.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.3. Speech-Language Pathologists, Audiologists, and Hearing Aid Dispensers [2530 - 2539.14] ( Heading of Chapter 5.3 amended by Stats. 2022, Ch. 415, Sec. 1. ) ## ARTICLE 1. General Provisions [2530 - 2530.7] ( Article 1 added by Stats. 1972, Ch. 1355. ) ## 2530.5. (a) Nothing in this chapter shall be construed as restricting hearing testing conducted by licensed physicians and surgeons or by persons conducting hearing tests under the direct supervision of a physician and surgeon. (b) Nothing in this chapter shall be construed to prevent a licensed hearing aid dispenser from engaging in testing of hearing and other practices and procedures used solely for the fitting and selling of hearing aids nor does this chapter restrict persons practicing their licensed profession and operating within the scope of their licensed profession or employed by someone operating within the scope of their licensed professions, including persons fitting and selling hearing aids who are properly licensed or registered under the laws of the State of California. (c) Nothing in this chapter shall be construed as restricting or preventing the practice of speech-language pathology or audiology by personnel holding the appropriate credential from the Commission on Teacher Credentialing as long as the practice is conducted within the confines of or under the jurisdiction of a public preschool, elementary, or secondary school by which they are employed and those persons do not either offer to render or render speech-language pathology or audiology services to the public for compensation over and above the salary they receive from the public preschool, elementary, or secondary school by which they are employed for the performance of their official duties. (d) Nothing in this chapter shall be construed as restricting the activities and services of a student or speech-language pathology intern in speech-language pathology pursuing a course of study leading to a degree in speech-language pathology at an accredited or approved college or university or an approved clinical training facility, provided that these activities and services constitute a part of their supervised course of study and that those persons are designated by the title as “speech-language pathology intern,” “speech-language pathology trainee,” or other title clearly indicating the training status appropriate to their level of training. (e) Nothing in this chapter shall be construed as restricting the activities and services of a student or audiology intern in audiology pursuing a course of study leading to a degree in audiology at an accredited or approved college or university or an approved clinical training facility, provided that these activities and services constitute a part of their supervised course of study and that those persons are designated by the title as “audiology intern,” “audiology trainee,” or other title clearly indicating the training status appropriate to their level of training. (f) Nothing in this chapter shall be construed as restricting the practice of an applicant who is obtaining the required professional experience specified in subdivision (c) of Section 2532.2 or subdivision (b) of Section 2532.25 and who has been issued a temporary license pursuant to Section 2532.7. The number of applicants who may be supervised by a licensed speech-language pathologist or a speech-language pathologist having qualifications deemed equivalent by the board shall be determined by the board. The supervising speech-language pathologist shall register with the board the name of each applicant working under their supervision, and shall submit to the board a description of the proposed professional responsibilities of the applicant working under their supervision. The number of applicants who may be supervised by a licensed audiologist or an audiologist having qualifications deemed equivalent by the board shall be determined by the board. The supervising audiologist shall register with the board the name of each applicant working under their supervision, and shall submit to the board a description of the proposed professional responsibilities of the applicant working under their supervision. (g) Nothing in this chapter shall be construed as restricting hearing screening services in public or private elementary or secondary schools so long as these screening services are provided by persons registered as qualified school audiometrists pursuant to Sections 1685 and 1686 of the Health and Safety Code or hearing screening services supported by the State Department of Health Care Services so long as these screening services are provided by appropriately trained or qualified personnel. (h) Persons employed as speech-language pathologists or audiologists by a federal agency shall be exempt from this chapter. (i) Nothing in this chapter shall be construed as restricting consultation or the instructional or supervisory activities of a faculty member of an approved or accredited college or university for the first 60 days following appointment after the effective date of this subdivision. (Amended by Stats. 2022, Ch. 415, Sec. 3. (AB 2686) Effective January 1, 2023.)
  52. 2530.6.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.3. Speech-Language Pathologists, Audiologists, and Hearing Aid Dispensers [2530 - 2539.14] ( Heading of Chapter 5.3 amended by Stats. 2022, Ch. 415, Sec. 1. ) ## ARTICLE 1. General Provisions [2530 - 2530.7] ( Article 1 added by Stats. 1972, Ch. 1355. )

    Verify source ↗

    Supervising speech-language pathologists and audiologists must register each aide’s name with the board, update the board at renewal, and remain responsible for the aide’s work.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.3. Speech-Language Pathologists, Audiologists, and Hearing Aid Dispensers [2530 - 2539.14] ( Heading of Chapter 5.3 amended by Stats. 2022, Ch. 415, Sec. 1. ) ## ARTICLE 1. General Provisions [2530 - 2530.7] ( Article 1 added by Stats. 1972, Ch. 1355. ) ## 2530.6. (a) Speech-language pathologists and audiologists supervising speech-language pathology or audiology aides shall register with the board the name of each aide working under their supervision. (b) The number of aides who may be supervised by a licensee shall be determined by the board. (c) The supervising audiologist or speech-language pathologist shall be responsible for the extent, kind, and quality of services performed by the aide, consistent with the board’s designated standards and requirements. (d) A speech-language pathology and audiology aide registration shall expire every two years and is subject to the renewal requirements in Article 6 (commencing with Section 2535). (e) At the time of registration renewal, the speech-language pathologist or audiologist supervising the speech-language pathology or audiology aide shall update the board on the duties the aide performs while assisting the supervisor in the practice of speech-language pathology or audiology, and the training program and assessment methods the supervisor is utilizing to ensure the aide’s continued competency. (Amended by Stats. 2022, Ch. 415, Sec. 4. (AB 2686) Effective January 1, 2023.)
  53. 2530.7.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.3. Speech-Language Pathologists, Audiologists, and Hearing Aid Dispensers [2530 - 2539.14] ( Heading of Chapter 5.3 amended by Stats. 2022, Ch. 415, Sec. 1. ) ## ARTICLE 1. General Provisions [2530 - 2530.7] ( Article 1 added by Stats. 1972, Ch. 1355. )

    Verify source ↗

    Covered applicants, registrants, and licensees must give the board their email address and report email changes on time.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.3. Speech-Language Pathologists, Audiologists, and Hearing Aid Dispensers [2530 - 2539.14] ( Heading of Chapter 5.3 amended by Stats. 2022, Ch. 415, Sec. 1. ) ## ARTICLE 1. General Provisions [2530 - 2530.7] ( Article 1 added by Stats. 1972, Ch. 1355. ) ## 2530.7. (a) An applicant, registrant, or licensee who has an email address shall provide the board with that email address no later than July 1, 2023. The email address shall be considered confidential and not subject to public disclosure. (b) An applicant, registrant, or licensee shall provide to the board any changes to their email address no later than 30 calendar days after the changes have occurred. (c) The board shall remind registrants and licensees of their obligation to report and keep current their email address with the board. (d) For purposes of this section, “applicant, registrant, or licensee” means any person who applies for or holds a license, registration, or approval under this chapter, including, but not limited to, a speech-language pathologist, speech-language pathology aide, speech-language pathology assistant, audiologist, dispensing audiologist, audiology aide, or hearing aid dispenser. (Added by Stats. 2022, Ch. 415, Sec. 5. (AB 2686) Effective January 1, 2023.)
  54. 2531.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.3. Speech-Language Pathologists, Audiologists, and Hearing Aid Dispensers [2530 - 2539.14] ( Heading of Chapter 5.3 amended by Stats. 2022, Ch. 415, Sec. 1. ) ## ARTICLE 2. Administration [2531 - 2531.95] ( Article 2 added by Stats. 1972, Ch. 1355. )

    Verify source ↗

    The board is placed in the Department of Consumer Affairs, must have nine members with three public members, and this section ends on January 1, 2027.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.3. Speech-Language Pathologists, Audiologists, and Hearing Aid Dispensers [2530 - 2539.14] ( Heading of Chapter 5.3 amended by Stats. 2022, Ch. 415, Sec. 1. ) ## ARTICLE 2. Administration [2531 - 2531.95] ( Article 2 added by Stats. 1972, Ch. 1355. ) ## 2531. (a) There is in the Department of Consumer Affairs the Speech-Language Pathology and Audiology and Hearing Aid Dispensers Board in which the enforcement, administration, and other regulatory duties of this chapter are vested. The Speech-Language Pathology and Audiology and Hearing Aid Dispensers Board shall consist of nine members, three of whom shall be public members. (b) This section shall remain in effect only until January 1, 2027, and as of that date is repealed. (c) Notwithstanding any other law, the repeal of this section renders the board subject to review by the appropriate policy committees of the Legislature. (Amended by Stats. 2022, Ch. 415, Sec. 6. (AB 2686) Effective January 1, 2023. Repealed as of January 1, 2027, by its own provisions.)
  55. 2531.02.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.3. Speech-Language Pathologists, Audiologists, and Hearing Aid Dispensers [2530 - 2539.14] ( Heading of Chapter 5.3 amended by Stats. 2022, Ch. 415, Sec. 1. ) ## ARTICLE 2. Administration [2531 - 2531.95] ( Article 2 added by Stats. 1972, Ch. 1355. )

    Verify source ↗

    The Board must make protection of the public its top priority when it exercises licensing, regulatory, and disciplinary powers.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.3. Speech-Language Pathologists, Audiologists, and Hearing Aid Dispensers [2530 - 2539.14] ( Heading of Chapter 5.3 amended by Stats. 2022, Ch. 415, Sec. 1. ) ## ARTICLE 2. Administration [2531 - 2531.95] ( Article 2 added by Stats. 1972, Ch. 1355. ) ## 2531.02. Protection of the public shall be the highest priority for the Speech-Language Pathology and Audiology and Hearing Aid Dispensers Board 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. (Amended by Stats. 2011, Ch. 449, Sec. 4. (SB 933) Effective January 1, 2012.)
  56. 2531.06.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.3. Speech-Language Pathologists, Audiologists, and Hearing Aid Dispensers [2530 - 2539.14] ( Heading of Chapter 5.3 amended by Stats. 2022, Ch. 415, Sec. 1. ) ## ARTICLE 2. Administration [2531 - 2531.95] ( Article 2 added by Stats. 1972, Ch. 1355. )

    Verify source ↗

    The board has authority over licensing and regulation of hearing aid dispensers, may consult industry representatives, and must keep control of certain former bureau records and property.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.3. Speech-Language Pathologists, Audiologists, and Hearing Aid Dispensers [2530 - 2539.14] ( Heading of Chapter 5.3 amended by Stats. 2022, Ch. 415, Sec. 1. ) ## ARTICLE 2. Administration [2531 - 2531.95] ( Article 2 added by Stats. 1972, Ch. 1355. ) ## 2531.06. (a) The board is vested with the duties, powers, purposes, responsibilities, and jurisdiction over the licensing and regulation of hearing aid dispensers as provided under Article 8 (commencing with Section 2538.10). (b) In the performance of the duties and the exercise of the powers vested in the board under this chapter, the board may consult with hearing aid dispenser industry representatives. (c) For the performance of the duties and the exercise of the powers vested in the board under this chapter, the board shall have possession and control of all records, papers, offices, equipment, supplies, or other property, real or personal, held for the benefit or use by the former Hearing Aid Dispensers Bureau. (d) All regulations in Division 13.3 (commencing with Section 1399.100) of Title 16 of the California Code of Regulations are continued in existence under the administration of the board until repealed by regulation. (Amended by Stats. 2013, Ch. 516, Sec. 7. (SB 305) Effective January 1, 2014.)
  57. 2531.1.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.3. Speech-Language Pathologists, Audiologists, and Hearing Aid Dispensers [2530 - 2539.14] ( Heading of Chapter 5.3 amended by Stats. 2022, Ch. 415, Sec. 1. ) ## ARTICLE 2. Administration [2531 - 2531.95] ( Article 2 added by Stats. 1972, Ch. 1355. )

    Verify source ↗

    Board members serve four-year terms, cannot serve more than two consecutive terms, and appointing authorities may remove their appointees at any time.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.3. Speech-Language Pathologists, Audiologists, and Hearing Aid Dispensers [2530 - 2539.14] ( Heading of Chapter 5.3 amended by Stats. 2022, Ch. 415, Sec. 1. ) ## ARTICLE 2. Administration [2531 - 2531.95] ( Article 2 added by Stats. 1972, Ch. 1355. ) ## 2531.1. (a) Each member of the board shall hold office for a term of four years, and shall serve until the appointment and qualification of that member’s successor or until one year has elapsed since the expiration of the term for which the member was appointed, whichever first occurs. No member may serve for more than two consecutive terms. (b) Notwithstanding the four-year terms set by subdivision (a), commencing on November 30, 2004, members appointed to the board shall serve the terms set forth below. Each of these terms shall count as a full term for purposes of subdivision (a). (1) The two public members appointed by the Senate Committee on Rules and the Speaker of the Assembly, respectively, shall each serve a term of one year. (2) One licensed speech-language pathologist and one licensed audiologist, as designated by the appointing authority, shall each serve a term of two years. (3) One licensed speech-language pathologist and one licensed audiologist, as designated by the appointing authority, and the public member who is a licensed physician and surgeon, board certified in otolaryngology, shall each serve a term of three years. (4) One licensed speech-language pathologist and one licensed audiologist, as designated by the appointing authority, shall each serve a term of four years. (c) Upon completion of each of the terms described in subdivision (b), a succeeding member shall be appointed to the board for a term of four years. (d) Each appointing authority shall have the power to remove from office at any time any member of the board appointed by that appointing authority. (Amended by Stats. 2022, Ch. 415, Sec. 8. (AB 2686) Effective January 1, 2023.)
  58. 2531.2.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.3. Speech-Language Pathologists, Audiologists, and Hearing Aid Dispensers [2530 - 2539.14] ( Heading of Chapter 5.3 amended by Stats. 2022, Ch. 415, Sec. 1. ) ## ARTICLE 2. Administration [2531 - 2531.95] ( Article 2 added by Stats. 1972, Ch. 1355. )

    Verify source ↗

    This section sets who must serve on the board and who must appoint certain members.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.3. Speech-Language Pathologists, Audiologists, and Hearing Aid Dispensers [2530 - 2539.14] ( Heading of Chapter 5.3 amended by Stats. 2022, Ch. 415, Sec. 1. ) ## ARTICLE 2. Administration [2531 - 2531.95] ( Article 2 added by Stats. 1972, Ch. 1355. ) ## 2531.2. The membership of the board shall include two licensed speech-language pathologists, two licensed audiologists, one of whom shall be an audiologist that dispenses hearing aids, two licensed hearing aid dispensers, and three public members one of whom is a licensed physician and surgeon, board certified in otolaryngology, and the remaining two public members who shall not be licentiates of the board or of any board under this division or of any board referred to in the Chiropractic Act or the Osteopathic Act. The Governor shall appoint the physician and surgeon member and the other six licensed members qualified as provided in this section. The initial appointments of the licensed hearing aid dispenser members shall be made to fill the first licensed audiologist member vacancy and the first licensed speech-language pathologist member vacancy that occurs on or after January 1, 2010. The Senate Committee on Rules and the Speaker of the Assembly shall each appoint a public member. (Amended by Stats. 2009, Ch. 309, Sec. 9. (AB 1535) Effective January 1, 2010.)
  59. 2531.3.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.3. Speech-Language Pathologists, Audiologists, and Hearing Aid Dispensers [2530 - 2539.14] ( Heading of Chapter 5.3 amended by Stats. 2022, Ch. 415, Sec. 1. ) ## ARTICLE 2. Administration [2531 - 2531.95] ( Article 2 added by Stats. 1972, Ch. 1355. )

    Verify source ↗

    The board must examine applicants for speech-language pathology or audiology licenses at times and places it chooses, at least once a year, and may appoint qualified exam commissioners.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.3. Speech-Language Pathologists, Audiologists, and Hearing Aid Dispensers [2530 - 2539.14] ( Heading of Chapter 5.3 amended by Stats. 2022, Ch. 415, Sec. 1. ) ## ARTICLE 2. Administration [2531 - 2531.95] ( Article 2 added by Stats. 1972, Ch. 1355. ) ## 2531.3. The board shall examine every applicant for a speech-language pathology license or an audiology license at the time and place designated by the board in its discretion, but at least once in each year; and for that purpose may appoint qualified persons to give the whole or any portion of the examination, who shall be designated as commissioners on examination. A commissioner on examination need not be a member of the board, but shall be subject to the same rules and regulations and shall be entitled to the same fee as if he or she were a member of the board. The board shall perform all examination functions, including but not limited to, participation in uniform examination systems. (Amended by Stats. 1997, Ch. 758, Sec. 11. Effective January 1, 1998.)
  60. 2531.4.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.3. Speech-Language Pathologists, Audiologists, and Hearing Aid Dispensers [2530 - 2539.14] ( Heading of Chapter 5.3 amended by Stats. 2022, Ch. 415, Sec. 1. ) ## ARTICLE 2. Administration [2531 - 2531.95] ( Article 2 added by Stats. 1972, Ch. 1355. )

    Verify source ↗

    The board may investigate and evaluate applicants for speech-language pathology or audiology licenses, decide whether they may take the exam, and issue a license if chapter requirements are met.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.3. Speech-Language Pathologists, Audiologists, and Hearing Aid Dispensers [2530 - 2539.14] ( Heading of Chapter 5.3 amended by Stats. 2022, Ch. 415, Sec. 1. ) ## ARTICLE 2. Administration [2531 - 2531.95] ( Article 2 added by Stats. 1972, Ch. 1355. ) ## 2531.4. The board shall have full authority to investigate and to evaluate each and every applicant applying for a license to practice speech-language pathology or a license to practice audiology and to determine the admission of the applicant to the examination, if administered by the board, or to issue a license, in conformance with the provisions of, and qualifications required by, this chapter. (Amended by Stats. 1997, Ch. 758, Sec. 12. Effective January 1, 1998.)
  61. 2531.5.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.3. Speech-Language Pathologists, Audiologists, and Hearing Aid Dispensers [2530 - 2539.14] ( Heading of Chapter 5.3 amended by Stats. 2022, Ch. 415, Sec. 1. ) ## ARTICLE 2. Administration [2531 - 2531.95] ( Article 2 added by Stats. 1972, Ch. 1355. )

    Verify source ↗

    The board must issue, suspend, and revoke licenses and approvals for speech-language pathology and audiology, as authorized by this chapter.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.3. Speech-Language Pathologists, Audiologists, and Hearing Aid Dispensers [2530 - 2539.14] ( Heading of Chapter 5.3 amended by Stats. 2022, Ch. 415, Sec. 1. ) ## ARTICLE 2. Administration [2531 - 2531.95] ( Article 2 added by Stats. 1972, Ch. 1355. ) ## 2531.5. The board shall issue, suspend, and revoke licenses and approvals to practice speech-language pathology and audiology as authorized by this chapter. (Repealed and added by Stats. 1997, Ch. 758, Sec. 14. Effective January 1, 1998.)
  62. 2531.6.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.3. Speech-Language Pathologists, Audiologists, and Hearing Aid Dispensers [2530 - 2539.14] ( Heading of Chapter 5.3 amended by Stats. 2022, Ch. 415, Sec. 1. ) ## ARTICLE 2. Administration [2531 - 2531.95] ( Article 2 added by Stats. 1972, Ch. 1355. )

    Verify source ↗

    The Governor may remove any board member from office for neglect of duty under this chapter, incompetency, or unprofessional conduct.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.3. Speech-Language Pathologists, Audiologists, and Hearing Aid Dispensers [2530 - 2539.14] ( Heading of Chapter 5.3 amended by Stats. 2022, Ch. 415, Sec. 1. ) ## ARTICLE 2. Administration [2531 - 2531.95] ( Article 2 added by Stats. 1972, Ch. 1355. ) ## 2531.6. The Governor has power to remove from office any member of the board for neglect of any duty required by this chapter, for incompetency, or for unprofessional conduct. (Amended by Stats. 1997, Ch. 758, Sec. 15. Effective January 1, 1998.)
  63. 2531.7.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.3. Speech-Language Pathologists, Audiologists, and Hearing Aid Dispensers [2530 - 2539.14] ( Heading of Chapter 5.3 amended by Stats. 2022, Ch. 415, Sec. 1. ) ## ARTICLE 2. Administration [2531 - 2531.95] ( Article 2 added by Stats. 1972, Ch. 1355. )

    Verify source ↗

    The board must elect a chairperson and vice chairperson every year and hold at least one regular meeting each year.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.3. Speech-Language Pathologists, Audiologists, and Hearing Aid Dispensers [2530 - 2539.14] ( Heading of Chapter 5.3 amended by Stats. 2022, Ch. 415, Sec. 1. ) ## ARTICLE 2. Administration [2531 - 2531.95] ( Article 2 added by Stats. 1972, Ch. 1355. ) ## 2531.7. The board shall elect annually a chairperson and vice chairperson from among its members. The board shall hold at least one regular meeting each year. Additional meetings may be held upon call of the chairperson or at the written request of any two members of the board. (Amended by Stats. 1997, Ch. 758, Sec. 16. Effective January 1, 1998.)
  64. 2531.75.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.3. Speech-Language Pathologists, Audiologists, and Hearing Aid Dispensers [2530 - 2539.14] ( Heading of Chapter 5.3 amended by Stats. 2022, Ch. 415, Sec. 1. ) ## ARTICLE 2. Administration [2531 - 2531.95] ( Article 2 added by Stats. 1972, Ch. 1355. )

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    The board may appoint an exempt person as executive officer, and that officer must carry out powers and duties delegated by the board and this chapter.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.3. Speech-Language Pathologists, Audiologists, and Hearing Aid Dispensers [2530 - 2539.14] ( Heading of Chapter 5.3 amended by Stats. 2022, Ch. 415, Sec. 1. ) ## ARTICLE 2. Administration [2531 - 2531.95] ( Article 2 added by Stats. 1972, Ch. 1355. ) ## 2531.75. (a) The board may appoint a person exempt from civil service who shall be designated as an executive officer. The executive officer shall exercise the powers and perform the duties delegated by the board and vested in them by this chapter. (b) This section shall remain in effect only until January 1, 2027, and as of that date is repealed. (Amended by Stats. 2022, Ch. 415, Sec. 9. (AB 2686) Effective January 1, 2023. Repealed as of January 1, 2027, by its own provisions.)
  65. 2531.8.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.3. Speech-Language Pathologists, Audiologists, and Hearing Aid Dispensers [2530 - 2539.14] ( Heading of Chapter 5.3 amended by Stats. 2022, Ch. 415, Sec. 1. ) ## ARTICLE 2. Administration [2531 - 2531.95] ( Article 2 added by Stats. 1972, Ch. 1355. )

    Verify source ↗

    Five board members are required to make a quorum.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.3. Speech-Language Pathologists, Audiologists, and Hearing Aid Dispensers [2530 - 2539.14] ( Heading of Chapter 5.3 amended by Stats. 2022, Ch. 415, Sec. 1. ) ## ARTICLE 2. Administration [2531 - 2531.95] ( Article 2 added by Stats. 1972, Ch. 1355. ) ## 2531.8. Five members of the board shall at all times constitute a quorum. (Amended by Stats. 1997, Ch. 758, Sec. 18. Effective January 1, 1998.)
  66. 2531.9.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.3. Speech-Language Pathologists, Audiologists, and Hearing Aid Dispensers [2530 - 2539.14] ( Heading of Chapter 5.3 amended by Stats. 2022, Ch. 415, Sec. 1. ) ## ARTICLE 2. Administration [2531 - 2531.95] ( Article 2 added by Stats. 1972, Ch. 1355. )

    Verify source ↗

    Each board member is entitled to a per diem and expenses under Section 103.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.3. Speech-Language Pathologists, Audiologists, and Hearing Aid Dispensers [2530 - 2539.14] ( Heading of Chapter 5.3 amended by Stats. 2022, Ch. 415, Sec. 1. ) ## ARTICLE 2. Administration [2531 - 2531.95] ( Article 2 added by Stats. 1972, Ch. 1355. ) ## 2531.9. Each member of the board shall receive a per diem and expenses as provided in Section 103. (Amended by Stats. 1997, Ch. 758, Sec. 19. Effective January 1, 1998.)
  67. 2531.95.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.3. Speech-Language Pathologists, Audiologists, and Hearing Aid Dispensers [2530 - 2539.14] ( Heading of Chapter 5.3 amended by Stats. 2022, Ch. 415, Sec. 1. ) ## ARTICLE 2. Administration [2531 - 2531.95] ( Article 2 added by Stats. 1972, Ch. 1355. )

    Verify source ↗

    The board must adopt regulations as needed to carry out this chapter and must follow the specified Government Code procedures when doing so.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.3. Speech-Language Pathologists, Audiologists, and Hearing Aid Dispensers [2530 - 2539.14] ( Heading of Chapter 5.3 amended by Stats. 2022, Ch. 415, Sec. 1. ) ## ARTICLE 2. Administration [2531 - 2531.95] ( Article 2 added by Stats. 1972, Ch. 1355. ) ## 2531.95. The board shall from time to time adopt the regulations that may be necessary to effectuate this chapter. In adopting regulations the board shall comply with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. (Amended by Stats. 1997, Ch. 758, Sec. 20. Effective January 1, 1998.)
  68. 2532.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.3. Speech-Language Pathologists, Audiologists, and Hearing Aid Dispensers [2530 - 2539.14] ( Heading of Chapter 5.3 amended by Stats. 2022, Ch. 415, Sec. 1. ) ## ARTICLE 3. Licenses [2532 - 2532.8] ( Article 3 added by Stats. 1972, Ch. 1355. )

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    A person may not practice speech-language pathology or audiology, or hold themselves out as a speech-language pathologist or audiologist, unless licensed under this chapter.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.3. Speech-Language Pathologists, Audiologists, and Hearing Aid Dispensers [2530 - 2539.14] ( Heading of Chapter 5.3 amended by Stats. 2022, Ch. 415, Sec. 1. ) ## ARTICLE 3. Licenses [2532 - 2532.8] ( Article 3 added by Stats. 1972, Ch. 1355. ) ## 2532. No person shall engage in the practice of speech-language pathology or audiology or represent themselves as a speech-language pathologist or audiologist unless they are licensed in accordance with this chapter. (Amended by Stats. 2023, Ch. 510, Sec. 4. (SB 887) Effective January 1, 2024.)
  69. 2532.1.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.3. Speech-Language Pathologists, Audiologists, and Hearing Aid Dispensers [2530 - 2539.14] ( Heading of Chapter 5.3 amended by Stats. 2022, Ch. 415, Sec. 1. ) ## ARTICLE 3. Licenses [2532 - 2532.8] ( Article 3 added by Stats. 1972, Ch. 1355. )

    Verify source ↗

    Anyone seeking a license must apply to the board on the form the board prescribes.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.3. Speech-Language Pathologists, Audiologists, and Hearing Aid Dispensers [2530 - 2539.14] ( Heading of Chapter 5.3 amended by Stats. 2022, Ch. 415, Sec. 1. ) ## ARTICLE 3. Licenses [2532 - 2532.8] ( Article 3 added by Stats. 1972, Ch. 1355. ) ## 2532.1. (a) Each person desiring to obtain a license shall make application to the board, upon a form as prescribed by the board. (b) A separate license shall be granted in both speech-language pathology and audiology. An applicant may be granted both licenses upon successful completion of the requirements for both licenses. (Amended by Stats. 1997, Ch. 758, Sec. 21. Effective January 1, 1998.)
  70. 2532.2.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.3. Speech-Language Pathologists, Audiologists, and Hearing Aid Dispensers [2530 - 2539.14] ( Heading of Chapter 5.3 amended by Stats. 2022, Ch. 415, Sec. 1. ) ## ARTICLE 3. Licenses [2532 - 2532.8] ( Article 3 added by Stats. 1972, Ch. 1355. )

    Verify source ↗

    To get licensed as a speech-language pathologist or audiologist, an applicant must meet the listed education, supervised practice, and examination requirements, unless an exception applies.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.3. Speech-Language Pathologists, Audiologists, and Hearing Aid Dispensers [2530 - 2539.14] ( Heading of Chapter 5.3 amended by Stats. 2022, Ch. 415, Sec. 1. ) ## ARTICLE 3. Licenses [2532 - 2532.8] ( Article 3 added by Stats. 1972, Ch. 1355. ) ## 2532.2. Except as required by Section 2532.25, to be eligible for licensure by the board as a speech-language pathologist or audiologist, the applicant shall possess all of the following qualifications: (a) Possess at least a master’s degree in speech-language pathology or audiology from an educational institution approved by the board or qualifications deemed equivalent by the board. (b) (1) Submit evidence of the satisfactory completion of supervised clinical practice with individuals representative of a wide spectrum of ages and communication disorders. The board shall establish by regulation the required number of clock hours, not to exceed 375 clock hours, of supervised clinical practice necessary for the applicant. (2) The clinical practice shall be under the direction of an educational institution approved by the board. (c) Submit evidence of no less than 36 weeks of satisfactorily completed supervised professional full-time experience or 72 weeks of professional part-time experience obtained under the supervision of a licensed speech-language pathologist or audiologist or a speech-language pathologist or audiologist having qualifications deemed equivalent by the board. This experience shall be evaluated and approved by the board. The required professional experience shall follow completion of the requirements listed in subdivisions (a) and (b). Full time is defined as at least 36 weeks in a calendar year and a minimum of 30 hours per week. Part time is defined as a minimum of 72 weeks and a minimum of 15 hours per week. (d) (1) Pass an examination or examinations approved by the board. The board shall determine the subject matter and scope of the examinations and may waive the examination upon evidence that the applicant has successfully completed an examination approved by the board. Written examinations may be supplemented by oral examinations as the board shall determine. An applicant who fails their examination may be reexamined at a subsequent examination upon payment of the reexamination fee required by this chapter. (2) A speech-language pathologist or audiologist who holds a license from another state or territory of the United States or who holds equivalent qualifications as determined by the board and who has completed no less than one year of full-time continuous employment as a speech-language pathologist or audiologist within the past three years is exempt from the supervised professional experience in subdivision (c). (e) As applied to licensure as an audiologist, this section shall apply to applicants who graduated from an approved educational institution on or before December 31, 2007. (Amended by Stats. 2025, Ch. 592, Sec. 10. (SB 861) Effective January 1, 2026.)
  71. 2532.25.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.3. Speech-Language Pathologists, Audiologists, and Hearing Aid Dispensers [2530 - 2539.14] ( Heading of Chapter 5.3 amended by Stats. 2022, Ch. 415, Sec. 1. ) ## ARTICLE 3. Licenses [2532 - 2532.8] ( Article 3 added by Stats. 1972, Ch. 1355. )

    Verify source ↗

    Applicants for an audiologist license must meet education, supervised practice, and exam requirements; the board can set or waive some exam and equivalency details.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.3. Speech-Language Pathologists, Audiologists, and Hearing Aid Dispensers [2530 - 2539.14] ( Heading of Chapter 5.3 amended by Stats. 2022, Ch. 415, Sec. 1. ) ## ARTICLE 3. Licenses [2532 - 2532.8] ( Article 3 added by Stats. 1972, Ch. 1355. ) ## 2532.25. (a) An applicant seeking licensure as an audiologist shall possess a doctorate in audiology earned from an educational institution approved by the board. The board may, in its discretion, accept qualifications it deems to be equivalent to a doctoral degree in audiology. The board shall not, however, accept as equivalent qualifications graduation from a master’s program that the applicant was enrolled in on or after January 1, 2008. (b) In addition to meeting the qualifications specified in subdivision (a), an applicant seeking licensure as an audiologist shall do all of the following: (1) Submit evidence of the satisfactory completion of supervised clinical practice with individuals representative of a wide spectrum of ages and audiological disorders. The board shall establish by regulation the required number of clock hours of supervised clinical practice necessary for the applicant. The clinical practice shall be under the direction of an audiology doctoral program at an educational institution approved by the board. (2) Submit evidence of no less than 12 months of satisfactorily completed supervised professional full-time experience or its part-time equivalent obtained under the supervision of a licensed audiologist or an audiologist having qualifications deemed equivalent by the board. This experience shall be completed under the direction of an audiology doctoral program at an educational institution approved by the board. (3) Pass an examination or examinations approved by the board. The board shall determine the subject matter and scope of the examination or examinations and may waive an examination upon evidence that the applicant has successfully completed an examination approved by the board. Written examinations may be supplemented by oral examinations as the board shall determine. An applicant who fails an examination may be reexamined at a subsequent examination upon payment of the reexamination fee required by this chapter. (c) This section shall apply to applicants who graduate from an approved educational institution on and after January 1, 2008. (Amended by Stats. 2022, Ch. 415, Sec. 10. (AB 2686) Effective January 1, 2023.)
  72. 2532.3.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.3. Speech-Language Pathologists, Audiologists, and Hearing Aid Dispensers [2530 - 2539.14] ( Heading of Chapter 5.3 amended by Stats. 2022, Ch. 415, Sec. 1. ) ## ARTICLE 3. Licenses [2532 - 2532.8] ( Article 3 added by Stats. 1972, Ch. 1355. )

    Verify source ↗

    The board may issue a six-month temporary license to qualified speech-language pathologists or audiologists, and may reissue it in limited cases.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.3. Speech-Language Pathologists, Audiologists, and Hearing Aid Dispensers [2530 - 2539.14] ( Heading of Chapter 5.3 amended by Stats. 2022, Ch. 415, Sec. 1. ) ## ARTICLE 3. Licenses [2532 - 2532.8] ( Article 3 added by Stats. 1972, Ch. 1355. ) ## 2532.3. (a) Upon approval of an application filed pursuant to Section 2532.1, and upon the payment of the fee prescribed by subdivision (i) of Section 2534.2, the board may issue a temporary license for a period of six months from the date of issuance to a speech-language pathologist or audiologist who holds an unrestricted license from another state or territory of the United States or who holds equivalent qualifications as determined by the board and has made application to the board for a license in this state. (b) A temporary license shall terminate upon notice thereof by certified mail, return receipt requested, if it is issued by mistake or if the application for permanent licensure is denied. (c) Upon written application, the board may reissue a temporary license to any person who has applied for a regular renewable license pursuant to Section 2532.1, and who, in the judgment of the board, has been excusably delayed in completing their application or the minimum requirements for a regular license. The board may not reissue a temporary license more than twice to any one person. (Amended by Stats. 2025, Ch. 592, Sec. 11. (SB 861) Effective January 1, 2026.)
  73. 2532.4.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.3. Speech-Language Pathologists, Audiologists, and Hearing Aid Dispensers [2530 - 2539.14] ( Heading of Chapter 5.3 amended by Stats. 2022, Ch. 415, Sec. 1. ) ## ARTICLE 3. Licenses [2532 - 2532.8] ( Article 3 added by Stats. 1972, Ch. 1355. )

    Verify source ↗

    The board can require applicants to be examined, choose the exam format, set the passing grade, and must keep oral exam recordings and written exams for at least two years.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.3. Speech-Language Pathologists, Audiologists, and Hearing Aid Dispensers [2530 - 2539.14] ( Heading of Chapter 5.3 amended by Stats. 2022, Ch. 415, Sec. 1. ) ## ARTICLE 3. Licenses [2532 - 2532.8] ( Article 3 added by Stats. 1972, Ch. 1355. ) ## 2532.4. (a) The board may direct applicants to be examined for knowledge in whatever theoretical or applied fields in speech-language pathology or audiology it deems appropriate. It may examine the applicant with regard to their professional skills and their judgment in the utilization of speech-language pathology or audiology techniques and methods. (b) The examination may be written or oral or both. The examination shall be given at least once a year at the time and place and under such supervision as the board may determine. The board shall determine what shall constitute a passing grade. (c) The board shall keep an accurate recording of any oral examination and keep the recordings as well as any written examination as part of its records for at least two years following the date of examination. (Amended by Stats. 2025, Ch. 592, Sec. 12. (SB 861) Effective January 1, 2026.)
  74. 2532.5.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.3. Speech-Language Pathologists, Audiologists, and Hearing Aid Dispensers [2530 - 2539.14] ( Heading of Chapter 5.3 amended by Stats. 2022, Ch. 415, Sec. 1. ) ## ARTICLE 3. Licenses [2532 - 2532.8] ( Article 3 added by Stats. 1972, Ch. 1355. )

    Verify source ↗

    Anyone licensed under this chapter must display the license conspicuously at their main place of practice.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.3. Speech-Language Pathologists, Audiologists, and Hearing Aid Dispensers [2530 - 2539.14] ( Heading of Chapter 5.3 amended by Stats. 2022, Ch. 415, Sec. 1. ) ## ARTICLE 3. Licenses [2532 - 2532.8] ( Article 3 added by Stats. 1972, Ch. 1355. ) ## 2532.5. Every person holding a license under this chapter shall display it conspicuously in their primary place of practice. (Amended by Stats. 2023, Ch. 510, Sec. 5. (SB 887) Effective January 1, 2024.)
  75. 2532.6.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.3. Speech-Language Pathologists, Audiologists, and Hearing Aid Dispensers [2530 - 2539.14] ( Heading of Chapter 5.3 amended by Stats. 2022, Ch. 415, Sec. 1. ) ## ARTICLE 3. Licenses [2532 - 2532.8] ( Article 3 added by Stats. 1972, Ch. 1355. )

    Verify source ↗

    To renew a license or registration, the applicant must certify completion of the board’s required continuing professional development hours, and the board may audit records and set exceptions.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.3. Speech-Language Pathologists, Audiologists, and Hearing Aid Dispensers [2530 - 2539.14] ( Heading of Chapter 5.3 amended by Stats. 2022, Ch. 415, Sec. 1. ) ## ARTICLE 3. Licenses [2532 - 2532.8] ( Article 3 added by Stats. 1972, Ch. 1355. ) ## 2532.6. (a) The Legislature recognizes that the education and experience requirements of this chapter constitute only minimal requirements to assure the public of professional competence. The Legislature encourages all professionals licensed and registered by the board under this chapter to regularly engage in continuing professional development and learning that is related and relevant to the professions of speech-language pathology and audiology. (b) The board shall not renew any license or registration pursuant to this chapter unless the applicant certifies to the board that they have completed in the preceding two years not less than the minimum number of continuing professional development hours established by the board pursuant to subdivision (c) for the professional practice authorized by their license or registration. (c) (1) The board shall prescribe the forms utilized for and the number of hours of required continuing professional development for persons licensed or registered under this chapter. (2) The board shall have the right to audit the records of any applicant to verify the completion of the continuing professional development requirements. (3) Applicants shall maintain records of completion of required continuing professional development coursework for a minimum of two years and shall make these records available to the board for auditing purposes upon request. (d) The board shall establish exceptions from the continuing professional development requirements of this section for good cause as defined by the board. (e) (1) The continuing professional development services shall be obtained from accredited institutions of higher learning, organizations approved as continuing education providers by either the American Speech-Language-Hearing Association or the American Academy of Audiology, the California Medical Association’s Institute for Medical Quality Continuing Medical Education Program, or other entities or organizations approved as continuing professional development providers by the board, in its discretion. (2) No hours shall be credited for any course enrolled in by a licensee that has not first been approved and certified by the board, if the board has sufficient funding and staff resources to implement the approval and certification process. (3) The continuing professional development services offered by these entities may, but are not required to, utilize pretesting and posttesting or other evaluation techniques to measure and demonstrate improved professional learning and competency. (4) An accredited institution of higher learning, an organization approved as continuing education providers by either the American Speech-Language-Hearing Association or the American Academy of Audiology, and the California Medical Association’s Institute for Medical Quality Continuing Education Program shall be exempt from any application or registration fees that the board may charge for continuing education providers. (5) Unless a course offered by entities listed in paragraph (4) meets the requirements established by the board, the course may not be credited towards the continuing professional development requirements for license renewal. (6) The licensee shall be responsible for obtaining the required course completion documents for courses offered by entities specified in paragraph (1). (f) The board, by regulation, shall fund the administration of this section through professional development services provider and licensing fees to be deposited in the Speech-Language Pathology and Audiology and Hearing Aid Dispensers Fund. The fees related to the administration of this section shall be sufficient to meet, but shall not exceed, the costs of administering the corresponding provisions of this section. (g) The continuing professional development requirements adopted by the board shall comply with any guidelines for mandatory continuing education established by the Department of Consumer Affairs. (Amended by Stats. 2025, Ch. 592, Sec. 13. (SB 861) Effective January 1, 2026.)
  76. 2532.7.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.3. Speech-Language Pathologists, Audiologists, and Hearing Aid Dispensers [2530 - 2539.14] ( Heading of Chapter 5.3 amended by Stats. 2022, Ch. 415, Sec. 1. ) ## ARTICLE 3. Licenses [2532 - 2532.8] ( Article 3 added by Stats. 1972, Ch. 1355. )

    Verify source ↗

    The board may issue or reissue an RPE temporary license, and unlicensed people generally may not obtain required professional experience for licensure unless they fit a stated exception.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.3. Speech-Language Pathologists, Audiologists, and Hearing Aid Dispensers [2530 - 2539.14] ( Heading of Chapter 5.3 amended by Stats. 2022, Ch. 415, Sec. 1. ) ## ARTICLE 3. Licenses [2532 - 2532.8] ( Article 3 added by Stats. 1972, Ch. 1355. ) ## 2532.7. (a) Upon approval of an application filed pursuant to Section 2532.1, and upon payment of the fee prescribed by Section 2534.2, the board may issue a required professional experience (RPE) temporary license for a period to be determined by the board to an applicant who is obtaining the required professional experience specified in subdivision (c) of Section 2532.2 or paragraph (2) of subdivision (b) of Section 2532.25. (b) Effective July 1, 2003, no person shall obtain the required professional experience for licensure in either an exempt or nonexempt setting, as defined in Section 2530.5, unless they are licensed in accordance with this section or are completing the final clinical externship of a board-approved audiology doctoral training program in accordance with paragraph (2) of subdivision (b) of Section 2532.25 in another state. (c) A person who obtains an RPE temporary license outside the State of California shall not be required to hold a temporary license issued pursuant to subdivision (a) if the person is completing the final clinical externship of an audiology doctoral training program in accordance with paragraph (2) of subdivision (b) of Section 2532.25. (d) Any experience obtained in violation of this act shall not be approved by the board. (e) An RPE temporary license shall terminate upon notice thereof by certified mail, return receipt requested, if it is issued by mistake or if the application for permanent licensure is denied. (f) Upon written application, the board may reissue an RPE temporary license for a period to be determined by the board to an applicant who is obtaining the required professional experience specified in subdivision (c) of Section 2532.2 or paragraph (2) of subdivision (b) of Section 2532.25. (Amended by Stats. 2025, Ch. 592, Sec. 14. (SB 861) Effective January 1, 2026.)
  77. 2532.8.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.3. Speech-Language Pathologists, Audiologists, and Hearing Aid Dispensers [2530 - 2539.14] ( Heading of Chapter 5.3 amended by Stats. 2022, Ch. 415, Sec. 1. ) ## ARTICLE 3. Licenses [2532 - 2532.8] ( Article 3 added by Stats. 1972, Ch. 1355. )

    Verify source ↗

    The board must treat certain credential holders as meeting specified licensing education and experience requirements until January 1, 2027, and applicants with deficiency issues must correct them or their application may be deemed abandoned.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.3. Speech-Language Pathologists, Audiologists, and Hearing Aid Dispensers [2530 - 2539.14] ( Heading of Chapter 5.3 amended by Stats. 2022, Ch. 415, Sec. 1. ) ## ARTICLE 3. Licenses [2532 - 2532.8] ( Article 3 added by Stats. 1972, Ch. 1355. ) ## 2532.8. (a) The board shall, until January 1, 2027, deem a person who holds a valid Certificate of Clinical Competence in Speech-Language Pathology issued by the American Speech-Language-Hearing Association’s Council for Clinical Certification to have met the educational and experience requirements set forth for speech-language pathologists in Section 2532.2. (b) The board shall, until January 1, 2027, deem a person who holds either a valid Certificate of Clinical Competence in Audiology issued by the American Speech-Language-Hearing Association’s Council for Clinical Certification or a valid American Board of Audiology certificate issued by the American Academy of Audiology to have met the educational and experience requirements set forth for audiologists in Section 2532.2 and 2532.25. (c) If an applicant qualifying for licensure under this section has obtained any equivalent qualifications in violation of the laws and regulations governing the practices of speech-language pathology or audiology or has not met the requirements for licensure, the applicant shall correct the deficiency to qualify for licensure. If the deficiency is not cured within one year from the date of the deficiency notice, the application for licensure is deemed abandoned. (Amended by Stats. 2022, Ch. 415, Sec. 11. (AB 2686) Effective January 1, 2023.)
  78. 2533.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.3. Speech-Language Pathologists, Audiologists, and Hearing Aid Dispensers [2530 - 2539.14] ( Heading of Chapter 5.3 amended by Stats. 2022, Ch. 415, Sec. 1. ) ## ARTICLE 4. Denial, Suspension, Revocation, and Probation [2533 - 2533.6] ( Heading of Article 4 amended by Stats. 2022, Ch. 415, Sec. 12. )

    Verify source ↗

    The board may refuse, condition, suspend, or revoke licenses for the listed grounds.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.3. Speech-Language Pathologists, Audiologists, and Hearing Aid Dispensers [2530 - 2539.14] ( Heading of Chapter 5.3 amended by Stats. 2022, Ch. 415, Sec. 1. ) ## ARTICLE 4. Denial, Suspension, Revocation, and Probation [2533 - 2533.6] ( Heading of Article 4 amended by Stats. 2022, Ch. 415, Sec. 12. ) ## 2533. The board may refuse to issue, or issue subject to terms and conditions, a license on the grounds specified in Section 480, or may suspend, revoke, or impose terms and conditions upon the license of any licensee for any of the following: (a) Conviction of a crime substantially related to the qualifications, functions, and duties of a speech-language pathologist or audiologist or hearing aid dispenser, as the case may be. The record of the conviction shall be conclusive evidence thereof. (b) Securing a license by fraud or deceit. (c) (1) The use or administering to themselves of any controlled substance. (2) The use of any of the dangerous drugs specified in Section 4022, or of alcoholic beverages, to the extent or in a manner as to be dangerous or injurious to the licensee, to any other person, or to the public, or to the extent that the use impairs the ability of the licensee to practice speech-language pathology or audiology safely. (3) More than one misdemeanor or any felony involving the use, consumption, or self-administration of any of the substances referred to in this section. (4) Any combination of paragraph (1), (2), or (3). The record of the conviction shall be conclusive evidence of unprofessional conduct. (d) Engaging in any act in violation of Section 650. (e) Advertising in violation of Section 17500. Advertising an academic degree that was not validly awarded or earned under the laws of this state or the applicable jurisdiction in which it was issued is deemed to constitute a violation of Section 17500. (f) Committing a dishonest or fraudulent act that is substantially related to the qualifications, functions, or duties of a licensee. (g) Incompetence, gross negligence, or repeated negligent acts. (h) Other acts that have endangered or are likely to endanger the health, welfare, and safety of the public. (i) Use by a hearing aid dispenser of the term “doctor” or “physician” or “clinic” or “audiologist,” or any derivation thereof, except as authorized by law. (j) The use, or causing the use, of any advertising or promotional literature in a manner that has the capacity or tendency to mislead or deceive purchasers or prospective purchasers. (k) Any cause that would be grounds for denial of an application for a license. (l) Violation of Section 1689.6 or 1793.02 of the Civil Code. (m) Violation of a term or condition of a probationary order of a license issued by the board pursuant to Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code. (n) Violation of a term or condition of a conditional license issued by the board pursuant to this section. (o) Disciplinary action taken by any public agency in any state or territory for any act substantially related to the practice of speech-language pathology, audiology, or hearing aid dispensing. (p) Aiding or abetting any person to engage in the unlicensed practice of speech-language pathology, audiology, or hearing aid dispensing. (q) Violating or attempting to violate, directly or indirectly, any of the provisions of this chapter. (Amended by Stats. 2022, Ch. 415, Sec. 13. (AB 2686) Effective January 1, 2023.)
  79. 2533.1.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.3. Speech-Language Pathologists, Audiologists, and Hearing Aid Dispensers [2530 - 2539.14] ( Heading of Chapter 5.3 amended by Stats. 2022, Ch. 415, Sec. 1. ) ## ARTICLE 4. Denial, Suspension, Revocation, and Probation [2533 - 2533.6] ( Heading of Article 4 amended by Stats. 2022, Ch. 415, Sec. 12. )

    Verify source ↗

    Certain guilty pleas or convictions count as a conviction for this article, and the board may discipline or deny a license in specified post-conviction situations.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.3. Speech-Language Pathologists, Audiologists, and Hearing Aid Dispensers [2530 - 2539.14] ( Heading of Chapter 5.3 amended by Stats. 2022, Ch. 415, Sec. 1. ) ## ARTICLE 4. Denial, Suspension, Revocation, and Probation [2533 - 2533.6] ( Heading of Article 4 amended by Stats. 2022, Ch. 415, Sec. 12. ) ## 2533.1. A plea or verdict of guilty or a conviction following a plea of nolo contendere made to a charge substantially related to the qualifications, functions, and duties of a speech-language pathologist, audiologist, or hearing aid dispenser is deemed to be a conviction within the meaning of this article. The board may order a licensee be disciplined or denied a license as provided in Section 2533 when the time for appeal has elapsed, or the judgment of conviction has been affirmed on appeal, or when an order granting probation is made suspending the imposition of sentence irrespective of a subsequent order under Section 1203.4, 1203.4a, or 1203.41 of the Penal Code allowing the person to withdraw their plea of guilty and to enter a plea of not guilty, or setting aside the verdict of guilty, or dismissing the accusation, information, or indictment. (Amended by Stats. 2022, Ch. 415, Sec. 14. (AB 2686) Effective January 1, 2023.)
  80. 2533.2.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.3. Speech-Language Pathologists, Audiologists, and Hearing Aid Dispensers [2530 - 2539.14] ( Heading of Chapter 5.3 amended by Stats. 2022, Ch. 415, Sec. 1. ) ## ARTICLE 4. Denial, Suspension, Revocation, and Probation [2533 - 2533.6] ( Heading of Article 4 amended by Stats. 2022, Ch. 415, Sec. 12. )

    Verify source ↗

    Proceedings under this article must follow the procedures in Chapter 5 of the Government Code.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.3. Speech-Language Pathologists, Audiologists, and Hearing Aid Dispensers [2530 - 2539.14] ( Heading of Chapter 5.3 amended by Stats. 2022, Ch. 415, Sec. 1. ) ## ARTICLE 4. Denial, Suspension, Revocation, and Probation [2533 - 2533.6] ( Heading of Article 4 amended by Stats. 2022, Ch. 415, Sec. 12. ) ## 2533.2. Proceedings under this article 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. (Amended by Stats. 1990, Ch. 746, Sec. 14.)
  81. 2533.3.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.3. Speech-Language Pathologists, Audiologists, and Hearing Aid Dispensers [2530 - 2539.14] ( Heading of Chapter 5.3 amended by Stats. 2022, Ch. 415, Sec. 1. ) ## ARTICLE 4. Denial, Suspension, Revocation, and Probation [2533 - 2533.6] ( Heading of Article 4 amended by Stats. 2022, Ch. 415, Sec. 12. )

    Verify source ↗

    A person who violates this chapter is guilty of a misdemeanor, unless Section 2538.42 provides otherwise.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.3. Speech-Language Pathologists, Audiologists, and Hearing Aid Dispensers [2530 - 2539.14] ( Heading of Chapter 5.3 amended by Stats. 2022, Ch. 415, Sec. 1. ) ## ARTICLE 4. Denial, Suspension, Revocation, and Probation [2533 - 2533.6] ( Heading of Article 4 amended by Stats. 2022, Ch. 415, Sec. 12. ) ## 2533.3. Except as provided in Section 2538.42, any person who violates any of the provisions of this chapter shall be guilty of a misdemeanor punishable by imprisonment in the county jail not exceeding six months, or by a fine not exceeding one thousand dollars ($1,000), or both. (Amended by Stats. 2011, Ch. 449, Sec. 7. (SB 933) Effective January 1, 2012.)
  82. 2533.4.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.3. Speech-Language Pathologists, Audiologists, and Hearing Aid Dispensers [2530 - 2539.14] ( Heading of Chapter 5.3 amended by Stats. 2022, Ch. 415, Sec. 1. ) ## ARTICLE 4. Denial, Suspension, Revocation, and Probation [2533 - 2533.6] ( Heading of Article 4 amended by Stats. 2022, Ch. 415, Sec. 12. )

    Verify source ↗

    If a nonlicensee commits an offense under this chapter, the board may ask a county superior court to issue an injunction or other order stopping the conduct.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.3. Speech-Language Pathologists, Audiologists, and Hearing Aid Dispensers [2530 - 2539.14] ( Heading of Chapter 5.3 amended by Stats. 2022, Ch. 415, Sec. 1. ) ## ARTICLE 4. Denial, Suspension, Revocation, and Probation [2533 - 2533.6] ( Heading of Article 4 amended by Stats. 2022, Ch. 415, Sec. 12. ) ## 2533.4. Whenever a person other than a licensed speech-language pathologist, audiologist, or hearing aid dispenser has engaged in an act or practice which constitutes an offense under this chapter, a superior court of any county, on application of the board, may issue an injunction or other appropriate order restraining the conduct. Proceedings under this section shall be governed by Chapter 3 (commencing with Section 525) of Title 7 of Part 2 of the Code of Civil Procedure. The board may commence action in the superior court under this section on its own motion. (Amended by Stats. 2022, Ch. 415, Sec. 15. (AB 2686) Effective January 1, 2023.)
  83. 2533.5.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.3. Speech-Language Pathologists, Audiologists, and Hearing Aid Dispensers [2530 - 2539.14] ( Heading of Chapter 5.3 amended by Stats. 2022, Ch. 415, Sec. 1. ) ## ARTICLE 4. Denial, Suspension, Revocation, and Probation [2533 - 2533.6] ( Heading of Article 4 amended by Stats. 2022, Ch. 415, Sec. 12. )

    Verify source ↗

    The board may prosecute violations of this chapter and must hear and decide covered matters, though it may assign 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 5.3. Speech-Language Pathologists, Audiologists, and Hearing Aid Dispensers [2530 - 2539.14] ( Heading of Chapter 5.3 amended by Stats. 2022, Ch. 415, Sec. 1. ) ## ARTICLE 4. Denial, Suspension, Revocation, and Probation [2533 - 2533.6] ( Heading of Article 4 amended by Stats. 2022, Ch. 415, Sec. 12. ) ## 2533.5. (a) The board may prosecute a person for a violation of this chapter. (b) The board shall hear and decide a matter, including, but not limited to, a contested case or a petition for reinstatement or modification of probation, or may assign the matter to an administrative law judge in accordance with the Administrative Procedure Act. Except as otherwise provided in this chapter, a hearing 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. (Added by renumbering Section 2538.19 by Stats. 2017, Ch. 454, Sec. 8. (AB 1706) Effective January 1, 2018.)
  84. 2533.6.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.3. Speech-Language Pathologists, Audiologists, and Hearing Aid Dispensers [2530 - 2539.14] ( Heading of Chapter 5.3 amended by Stats. 2022, Ch. 415, Sec. 1. ) ## ARTICLE 4. Denial, Suspension, Revocation, and Probation [2533 - 2533.6] ( Heading of Article 4 amended by Stats. 2022, Ch. 415, Sec. 12. )

    Verify source ↗

    A disciplined licensee or probationer may ask the board to reinstate or modify the penalty, but only after the stated waiting period and only if filing requirements are met.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.3. Speech-Language Pathologists, Audiologists, and Hearing Aid Dispensers [2530 - 2539.14] ( Heading of Chapter 5.3 amended by Stats. 2022, Ch. 415, Sec. 1. ) ## ARTICLE 4. Denial, Suspension, Revocation, and Probation [2533 - 2533.6] ( Heading of Article 4 amended by Stats. 2022, Ch. 415, Sec. 12. ) ## 2533.6. (a) A person whose license has been revoked or suspended, or who has been placed on probation, may petition the Speech-Language Pathology and Audiology and Hearing Aid Dispensers Board for reinstatement or modification of penalty, including modification or termination of probation, after a period of not less than the following minimum period of time has elapsed from the effective date of the decision ordering that disciplinary action: (1) At least three years for reinstatement of a license revoked for unprofessional conduct, except that the board may, for good cause shown, specify in a revocation order that a petition for reinstatement may be filed after two years. (2) At least two years for early termination or one year for modification of a condition of probation of three years or more. (3) At least one year for reinstatement of a license revoked for mental or physical illness, or for modification of a condition, or termination of probation of less than three years. (b) The petition shall be on a form provided by the board and shall state any facts and information as may be required by the board, including, but not limited to, proof of compliance with the terms and conditions of the underlying disciplinary order. The petition shall be verified by the petitioner who shall file an original and sufficient copies of the petition, together with any supporting documents, for the members of the board, the administrative law judge, and the Attorney General. (c) The petition may be heard by the board, with the matter presided over by an administrative law judge. After a hearing on the petition, the administrative law judge shall provide a decision as determined by the board which shall be acted upon in accordance with the Administrative Procedure Act. (d) The board or the administrative law judge hearing the petition may consider all activities of the petitioner since the disciplinary action was taken, the offense for which the petitioner was disciplined, the petitioner’s activities during the time the license was in good standing, and the petitioner’s rehabilitative efforts, general reputation for truth, and professional ability. The hearing may be continued, as the board or the administrative law judge finds necessary. (e) The administrative law judge when hearing a petition for reinstating a license, or modifying a penalty, may recommend the imposition of any terms and conditions deemed necessary. (f) No petition shall be considered while the petitioner is under sentence for any criminal offense, including any period during which the petitioner is on court-imposed probation or parole. No petition shall be considered while there is an accusation or petition to revoke probation pending against the petitioner. The board may deny, without a hearing or argument, any petition filed pursuant to this section within a period of two years from the effective date of the prior decision following a hearing under this section. (g) The board may deny, without a hearing or argument, any petition for termination or modification of probation filed pursuant to this section for any of the following: (1) The petitioner has failed to comply with the terms and conditions of the disciplinary order. (2) The board is conducting an investigation of the petitioner while they are on probation. (3) The petitioner has a subsequent arrest that is substantially related to the qualifications, functions, or duties of the licensee or registrant and this arrest occurred while on probation. (4) The petitioner’s probation with the board is currently tolled. (h) Nothing in this section shall be deemed to alter Sections 822 and 823. (Amended by Stats. 2023, Ch. 131, Sec. 3. (AB 1754) Effective January 1, 2024.)
  85. 2534.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.3. Speech-Language Pathologists, Audiologists, and Hearing Aid Dispensers [2530 - 2539.14] ( Heading of Chapter 5.3 amended by Stats. 2022, Ch. 415, Sec. 1. ) ## ARTICLE 5. Revenue [2534 - 2534.2] ( Article 5 added by Stats. 1972, Ch. 1355. )

    Verify source ↗

    The board must report monthly revenue information to the Controller and pay the revenue to the Treasurer for deposit in the specified fund.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.3. Speech-Language Pathologists, Audiologists, and Hearing Aid Dispensers [2530 - 2539.14] ( Heading of Chapter 5.3 amended by Stats. 2022, Ch. 415, Sec. 1. ) ## ARTICLE 5. Revenue [2534 - 2534.2] ( Article 5 added by Stats. 1972, Ch. 1355. ) ## 2534. There is in the State Treasury the Speech-Language Pathology and Audiology and Hearing Aid Dispensers Fund. The board shall report to the Controller at the beginning of each month for the month preceding the amount and source of all revenue received by it pursuant to this chapter and shall pay the entire amount thereof to the Treasurer for deposit in the Speech-Language Pathology and Audiology and Hearing Aid Dispensers Fund. All money in the Speech-Language Pathology and Audiology and Hearing Aid Dispensers Fund shall be available, upon appropriation by the Legislature, to carry out the purposes of this chapter. (Amended by Stats. 2017, Ch. 454, Sec. 7. (AB 1706) Effective January 1, 2018.)
  86. 2534.1.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.3. Speech-Language Pathologists, Audiologists, and Hearing Aid Dispensers [2530 - 2539.14] ( Heading of Chapter 5.3 amended by Stats. 2022, Ch. 415, Sec. 1. ) ## ARTICLE 5. Revenue [2534 - 2534.2] ( Article 5 added by Stats. 1972, Ch. 1355. )

    Verify source ↗

    The board must keep records so spending for each licensing or registration category reasonably matches the revenue from that category.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.3. Speech-Language Pathologists, Audiologists, and Hearing Aid Dispensers [2530 - 2539.14] ( Heading of Chapter 5.3 amended by Stats. 2022, Ch. 415, Sec. 1. ) ## ARTICLE 5. Revenue [2534 - 2534.2] ( Article 5 added by Stats. 1972, Ch. 1355. ) ## 2534.1. The board shall keep records that will reasonably ensure that funds expended in the administration of each licensing or registration category shall bear a reasonable relation to the revenue derived from each category. (Amended by Stats. 1997, Ch. 758, Sec. 26. Effective January 1, 1998.)
  87. 2534.2.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.3. Speech-Language Pathologists, Audiologists, and Hearing Aid Dispensers [2530 - 2539.14] ( Heading of Chapter 5.3 amended by Stats. 2022, Ch. 415, Sec. 1. ) ## ARTICLE 5. Revenue [2534 - 2534.2] ( Article 5 added by Stats. 1972, Ch. 1355. )

    Verify source ↗

    This section sets the fees for several licensing and approval actions and gives the board authority to establish certain fee amounts within stated limits.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.3. Speech-Language Pathologists, Audiologists, and Hearing Aid Dispensers [2530 - 2539.14] ( Heading of Chapter 5.3 amended by Stats. 2022, Ch. 415, Sec. 1. ) ## ARTICLE 5. Revenue [2534 - 2534.2] ( Article 5 added by Stats. 1972, Ch. 1355. ) ## 2534.2. The amount of the fees prescribed by this chapter is that established by the following schedule: (a) (1) The application fee and renewal fee for speech-language pathologists and nondispensing audiologists shall be established by the board in an amount that does not exceed one hundred fifty dollars ($150) but is sufficient to support the functions of the board that relate to the functions authorized by this chapter, excluding Article 9 (commencing with Section 2539.1). (2) The application fee and renewal fee for dispensing audiologists shall be established by the board in an amount that does not exceed two hundred eighty dollars ($280) but is sufficient to support the functions of the board that relate to the functions authorized by this chapter. (b) The delinquency fee shall be twenty-five dollars ($25). (c) The reexamination fee shall be established by the board in an amount that does not exceed seventy-five dollars ($75). (d) The registration fee and renewal fee of an aide shall be established by the board in an amount that does not exceed thirty dollars ($30). (e) A fee to be set by the board of not more than one hundred dollars ($100) shall be charged for each application for approval as a speech-language pathology assistant. (f) A fee of one hundred fifty dollars ($150) shall be charged for the issuance of and for the renewal of each approval as a speech-language pathology assistant, unless a lower fee is established by the board. (g) The duplicate wall certificate fee is twenty-five dollars ($25). (h) The duplicate renewal receipt fee is twenty-five dollars ($25). (i) The application fee and renewal fee for a temporary license is thirty dollars ($30). (j) The fee for issuance of a license status and history certification letter shall be established by the board in an amount not to exceed twenty-five dollars ($25). (Amended by Stats. 2022, Ch. 415, Sec. 17. (AB 2686) Effective January 1, 2023.)
  88. 2535.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.3. Speech-Language Pathologists, Audiologists, and Hearing Aid Dispensers [2530 - 2539.14] ( Heading of Chapter 5.3 amended by Stats. 2022, Ch. 415, Sec. 1. ) ## ARTICLE 6. Licensing and Registration [2535 - 2535.4] ( Heading of Article 6 amended by Stats. 1998, Ch. 1058, Sec. 4. )

    Verify source ↗

    Most licenses under this section expire if not renewed, and a licensee must apply for renewal on the board’s form with 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 5.3. Speech-Language Pathologists, Audiologists, and Hearing Aid Dispensers [2530 - 2539.14] ( Heading of Chapter 5.3 amended by Stats. 2022, Ch. 415, Sec. 1. ) ## ARTICLE 6. Licensing and Registration [2535 - 2535.4] ( Heading of Article 6 amended by Stats. 1998, Ch. 1058, Sec. 4. ) ## 2535. (a) All licenses issued as of January 1, 1992, shall expire at 12 a.m. of the last date of the birth month of the licensee during the second year of a two-year term if not renewed. (b) All licenses issued under this chapter, except those licenses issued pursuant to subdivision (a), shall expire at 12 a.m. of the last date of the birth month of the licensee during the second year of a two-year term, if not renewed. (c) To renew an unexpired license, the licensee shall, on or before the date of expiration of the license, apply for renewal on a form provided by the board, accompanied by the prescribed renewal fee. (Amended by Stats. 1997, Ch. 758, Sec. 28. Effective January 1, 1998.)
  89. 2535.2.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.3. Speech-Language Pathologists, Audiologists, and Hearing Aid Dispensers [2530 - 2539.14] ( Heading of Chapter 5.3 amended by Stats. 2022, Ch. 415, Sec. 1. ) ## ARTICLE 6. Licensing and Registration [2535 - 2535.4] ( Heading of Article 6 amended by Stats. 1998, Ch. 1058, Sec. 4. )

    Verify source ↗

    An expired license may be renewed within five years, unless Section 2535.3 applies, if the renewal application is filed on the board’s form and all renewal fees are paid; if the license was late, the delinquency fee must also be paid.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.3. Speech-Language Pathologists, Audiologists, and Hearing Aid Dispensers [2530 - 2539.14] ( Heading of Chapter 5.3 amended by Stats. 2022, Ch. 415, Sec. 1. ) ## ARTICLE 6. Licensing and Registration [2535 - 2535.4] ( Heading of Article 6 amended by Stats. 1998, Ch. 1058, Sec. 4. ) ## 2535.2. Except as provided in Section 2535.3, a license that has expired may be renewed at any time within five years after its expiration upon filing of an application for renewal on a form prescribed by the board and payment of all accrued and unpaid renewal fees. If the license is not renewed on or before its expiration, the licensee, as a condition precedent to renewal, shall also pay the prescribed delinquency fee. Renewal under this section shall be effective on the date on which the application is filed, on the date on which all renewal fees are paid, or on the date on which the delinquency fee is paid, whichever last occurs. If so renewed, the license shall continue in effect through the expiration date provided in Section 2535, after the effective date of the renewal, when it shall expire and become invalid if it is not again renewed. (Amended by Stats. 2001, Ch. 435, Sec. 4. Effective January 1, 2002.)
  90. 2535.4.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.3. Speech-Language Pathologists, Audiologists, and Hearing Aid Dispensers [2530 - 2539.14] ( Heading of Chapter 5.3 amended by Stats. 2022, Ch. 415, Sec. 1. ) ## ARTICLE 6. Licensing and Registration [2535 - 2535.4] ( Heading of Article 6 amended by Stats. 1998, Ch. 1058, Sec. 4. )

    Verify source ↗

    If someone does not renew a license within five years after it expires, they cannot renew, restore, reissue, or reinstate that license, but they may apply for a new license if they meet the stated requirements.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.3. Speech-Language Pathologists, Audiologists, and Hearing Aid Dispensers [2530 - 2539.14] ( Heading of Chapter 5.3 amended by Stats. 2022, Ch. 415, Sec. 1. ) ## ARTICLE 6. Licensing and Registration [2535 - 2535.4] ( Heading of Article 6 amended by Stats. 1998, Ch. 1058, Sec. 4. ) ## 2535.4. A person who fails to renew their license within the five years after its expiration may not renew it, and it may not be restored, reissued, or reinstated thereafter, but that person may apply for and obtain a new license if they meet all of the following requirements: (a) Have not committed any acts or crimes constituting grounds for denial of licensure under Division 1.5 (commencing with Section 475). (b) Take and pass the examination or examinations, if any, that would be required of them if an initial application for licensure was being made, or otherwise establishes to the satisfaction of the board that, with due regard for the public interest, they are qualified to practice as a speech-language pathologist or audiologist, as the case may be. (c) Pays all of the fees that would be required if an initial application for licensure was being made. In addition, the board may charge the applicant a fee to cover the actual costs of any examination that it may administer. (Amended by Stats. 2023, Ch. 510, Sec. 6. (SB 887) Effective January 1, 2024.)
  91. 25350.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 14. Seizure and Forfeiture of Property [25350 - 25375] ( Chapter 14 added by Stats. 1953, Ch. 152. )

    Verify source ↗

    The department may seize certain alcoholic beverages that fit the listed categories and exceptions.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 14. Seizure and Forfeiture of Property [25350 - 25375] ( Chapter 14 added by Stats. 1953, Ch. 152. ) ## 25350. The department may seize the following alcoholic beverages: (a) Alcoholic beverages manufactured or produced in this state by any person other than licensed manufacturer or wine grower, regardless of where found. (b) Beer and wine upon the sale of which the excise tax imposed by Part 14 (commencing with Section 32001) of Division 2 of the Revenue and Taxation Code has not been paid, regardless of where found. (c) Distilled spirits except (1) distilled spirits located upon premises for which licenses authorizing the sale of the distilled spirits have been issued; (2) distilled spirits consigned to and in the course of transportation to a licensee holding licenses authorizing the sale of the distilled spirits or for delivery without this state; (3) distilled spirits upon the sale of which the excise tax imposed by Part 14 (commencing with Section 32001) of Division 2 of the Revenue and Taxation Code has been paid; (4) alcohol or distilled spirits in the possession of a person who has lawfully purchased it for use in the trades, professions, or industries and not for beverage use. (d) Any alcoholic beverage possessed, kept, stored, or owned with the intent to sell it without a license in violation of this division. (e) Notwithstanding any other provision of this section, any alcoholic beverage acquired, exchanged, purchased, sold, delivered, or possessed in violation of Sections 23104.2, 23104.3, 23394, 23402, or Chapter 12 (commencing with Section 25000), except that seizures under this subdivision shall be limited to the actual package or case of alcoholic beverage acquired, exchanged, purchased, sold, delivered, or possessed in violation of the foregoing provisions. Any seizure under this subdivision shall not exceed one hundred dollars ($100) of alcoholic beverages at retail price. (Amended by Stats. 2015, Ch. 303, Sec. 22. (AB 731) Effective January 1, 2016.)
  92. 25351.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 14. Seizure and Forfeiture of Property [25350 - 25375] ( Chapter 14 added by Stats. 1953, Ch. 152. )

    Verify source ↗

    Possessing alcoholic beverages that are subject to seizure under Section 25350 is a misdemeanor.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 14. Seizure and Forfeiture of Property [25350 - 25375] ( Chapter 14 added by Stats. 1953, Ch. 152. ) ## 25351. Any person who possesses alcoholic beverages which are subject to seizure under Section 25350 is guilty of a misdemeanor. (Added by Stats. 1953, Ch. 152.)
  93. 25352.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 14. Seizure and Forfeiture of Property [25350 - 25375] ( Chapter 14 added by Stats. 1953, Ch. 152. )

    Verify source ↗

    The department or its employees may seize unlicensed stills and related items found where those stills are located.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 14. Seizure and Forfeiture of Property [25350 - 25375] ( Chapter 14 added by Stats. 1953, Ch. 152. ) ## 25352. The department or its employees may seize any unlicensed still, whether in actual operation or not and whether assembled for operation or dismantled, any parts of such stills, and any materials or supplies capable of being used for the manufacture of alcoholic beverages which are found on or about the premises where any unlicensed still or parts thereof are found. The department or its employees may also seize any implements, instruments, vehicles, and personal property in the place or building, or within any yard or enclosure, where any unlicensed still or parts thereof are found. (Amended by Stats. 1955, Ch. 447.)
  94. 25353.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 14. Seizure and Forfeiture of Property [25350 - 25375] ( Chapter 14 added by Stats. 1953, Ch. 152. )

    Verify source ↗

    Property seized under this division must be forfeited to the State.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 14. Seizure and Forfeiture of Property [25350 - 25375] ( Chapter 14 added by Stats. 1953, Ch. 152. ) ## 25353. When alcoholic beverages or any other property are seized pursuant to this division, the alcoholic beverages or other property shall be forfeited to the State, and all such forfeitures are hereby declared to be statutory forfeitures. (Added by Stats. 1953, Ch. 152.)
  95. 25354.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 14. Seizure and Forfeiture of Property [25350 - 25375] ( Chapter 14 added by Stats. 1953, Ch. 152. )

    Verify source ↗

    The department, its officers, or employees may summary-destroy certain seized alcoholic beverages, but controlled substances, instruments, or paraphernalia seized by the department may be destroyed only by court order.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 14. Seizure and Forfeiture of Property [25350 - 25375] ( Chapter 14 added by Stats. 1953, Ch. 152. ) ## 25354. Alcoholic beverages manufactured or produced in this state by any person other than a licensed manufacturer or winegrower, when seized for forfeiture under this division, may be disposed of by the department, its officers, or employees by summary destruction. Controlled substances, instruments, or paraphernalia seized by the department may only be disposed of pursuant to a court order for destruction. (Amended by Stats. 1999, Ch. 787, Sec. 1. Effective January 1, 2000.)
  96. 25355.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 14. Seizure and Forfeiture of Property [25350 - 25375] ( Chapter 14 added by Stats. 1953, Ch. 152. )

    Verify source ↗

    The department may dispose of seized alcoholic beverages or other forfeited property, except automobiles or other vehicles, if the department orders it at least 15 days after seizure.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 14. Seizure and Forfeiture of Property [25350 - 25375] ( Chapter 14 added by Stats. 1953, Ch. 152. ) ## 25355. Any alcoholic beverages or other property seized for forfeiture under this division, except automobiles or other vehicles, may be disposed of by the department, its officers, or employees by destruction or otherwise as provided in this division, upon order of the department made not less than 15 days after the date of seizure. (Amended by Stats. 1955, Ch. 447.)
  97. 25356.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 14. Seizure and Forfeiture of Property [25350 - 25375] ( Chapter 14 added by Stats. 1953, Ch. 152. )

    Verify source ↗

    A person whose alcoholic beverages or other property was seized for forfeiture may petition the department within 10 days to have it returned if the seizure was illegal or erroneous.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 14. Seizure and Forfeiture of Property [25350 - 25375] ( Chapter 14 added by Stats. 1953, Ch. 152. ) ## 25356. Any person whose alcoholic beverages or other property, except automobiles or other vehicles, have been seized for forfeiture under this division, may, within 10 days after such seizure, petition the department to return the alcoholic beverages or other property upon the grounds that the alcoholic beverages or other property were illegally or erroneously seized. (Amended by Stats. 1955, Ch. 447.)
  98. 25357.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 14. Seizure and Forfeiture of Property [25350 - 25375] ( Chapter 14 added by Stats. 1953, Ch. 152. )

    Verify source ↗

    The department must consider petitions filed under Section 25356 within 60 days, grant an oral hearing if the petitioner requests one, and serve notice of its decision on the petitioner.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 14. Seizure and Forfeiture of Property [25350 - 25375] ( Chapter 14 added by Stats. 1953, Ch. 152. ) ## 25357. Any petition filed pursuant to Section 25356 shall be considered by the department within 60 days after filing, and an oral hearing shall be granted the petitioner if requested. The department shall serve notice of its decision upon the petitioner. (Amended by Stats. 1955, Ch. 447.)
  99. 25358.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 14. Seizure and Forfeiture of Property [25350 - 25375] ( Chapter 14 added by Stats. 1953, Ch. 152. )

    Verify source ↗

    The department may order seized alcoholic beverages or other seized property disposed of, or returned to the petitioner, if the seizure was illegal or erroneous.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 14. Seizure and Forfeiture of Property [25350 - 25375] ( Chapter 14 added by Stats. 1953, Ch. 152. ) ## 25358. The department may order the alcoholic beverages or other property seized disposed of, or returned to the petitioner if illegally or erroneously seized. (Amended by Stats. 1955, Ch. 447.)
  100. 25359.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 14. Seizure and Forfeiture of Property [25350 - 25375] ( Chapter 14 added by Stats. 1953, Ch. 152. )

    Verify source ↗

    The department may turn seized beverages or other property over to a state department or institution, and it must not destroy requested items until all such requests have been satisfied.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 14. Seizure and Forfeiture of Property [25350 - 25375] ( Chapter 14 added by Stats. 1953, Ch. 152. ) ## 25359. Any beverage or other property seized by the department may be turned over to any state department or institution. The person in charge of any state department or institution may file with the department a request that beverages or other property of a kind specified in the request be turned over to the department or institution. No beverage or property for which a request has been made by a state department or institution shall be destroyed until all requests of state departments and institutions for the type or kind of beverage or property have been complied with. (Amended by Stats. 1955, Ch. 447.)
  101. 2536.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.3. Speech-Language Pathologists, Audiologists, and Hearing Aid Dispensers [2530 - 2539.14] ( Heading of Chapter 5.3 amended by Stats. 2022, Ch. 415, Sec. 1. ) ## ARTICLE 7. Speech-Language Pathology Corporations and Audiology Corporations [2536 - 2537.5] ( Heading of Article 7 amended by Stats. 1994, Ch. 26, Sec. 38. )

    Verify source ↗

    Speech-language pathology and audiology corporations may operate only if they comply with the Moscone-Knox Professional Corporation Act, this article, and other applicable laws and regulations.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.3. Speech-Language Pathologists, Audiologists, and Hearing Aid Dispensers [2530 - 2539.14] ( Heading of Chapter 5.3 amended by Stats. 2022, Ch. 415, Sec. 1. ) ## ARTICLE 7. Speech-Language Pathology Corporations and Audiology Corporations [2536 - 2537.5] ( Heading of Article 7 amended by Stats. 1994, Ch. 26, Sec. 38. ) ## 2536. A speech-language pathology corporation or an audiology corporation is a corporation which 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 speech-language pathologists or audiologists are in compliance with the Moscone-Knox Professional Corporation Act, 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 speech-language pathology corporation or an audiology corporation, the governmental agency referred to in the Moscone-Knox Professional Corporation Act is the Speech-Language Pathology and Audiology and Hearing Aid Dispensers Board. (Amended by Stats. 2025, Ch. 592, Sec. 15. (SB 861) Effective January 1, 2026.)
  102. 25360.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 14. Seizure and Forfeiture of Property [25350 - 25375] ( Chapter 14 added by Stats. 1953, Ch. 152. )

    Verify source ↗

    If alcoholic beverages or other property are seized or forfeited under this division and not disposed of under Sections 25354 to 25359, they must be taken into a forfeiture proceeding in superior court under this chapter.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 14. Seizure and Forfeiture of Property [25350 - 25375] ( Chapter 14 added by Stats. 1953, Ch. 152. ) ## 25360. When alcoholic beverages or other property are seized or forfeited under this division and are not disposed of pursuant to Sections 25354 to 25359, inclusive, the alcoholic beverages or other property shall be subjected to a forfeiture proceeding in the superior court as provided in this chapter. (Added by Stats. 1953, Ch. 152.)
  103. 25361.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 14. Seizure and Forfeiture of Property [25350 - 25375] ( Chapter 14 added by Stats. 1953, Ch. 152. )

    Verify source ↗

    Notice of a seizure and intended forfeiture must be filed with the court clerk and served on people or entities with an interest in the seized alcoholic beverages or other property.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 14. Seizure and Forfeiture of Property [25350 - 25375] ( Chapter 14 added by Stats. 1953, Ch. 152. ) ## 25361. Notice of the seizure and of the intended forfeiture proceeding shall be filed with the clerk of the court and shall be served on all persons, firms, or corporations having any right, title, or interest in the alcoholic beverages or other property seized. If the owner or owners are unknown or cannot be found, notice of the seizure and intended forfeiture proceedings shall be made upon such owners by publication pursuant to Section 6061 of the Government Code in the county where the seizure was made. (Amended by Stats. 2002, Ch. 784, Sec. 10. Effective January 1, 2003.)
  104. 25362.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 14. Seizure and Forfeiture of Property [25350 - 25375] ( Chapter 14 added by Stats. 1953, Ch. 152. )

    Verify source ↗

    Owners of seized alcoholic beverages or other property may file a verified answer within 20 days, and claimants of any right, title, or interest may also file a verified answer to support their claim; no extensions of time are allowed for that answer.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 14. Seizure and Forfeiture of Property [25350 - 25375] ( Chapter 14 added by Stats. 1953, Ch. 152. ) ## 25362. Within 20 days after service of the notice of seizure and intended forfeiture proceedings, or within 20 days after the date of publication, the owner or owners of the alcoholic beverages or other property seized may file a verified answer to the fact of the alleged unlawful use of the alcoholic beverages or other property. The claimant of any right, title, or interest in the alcoholic beverages or other property seized may make a verified answer to establish his claim as provided in Section 25367. No extensions of time shall be granted for the purpose of making the verified answer. (Added by Stats. 1953, Ch. 152.)
  105. 25363.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 14. Seizure and Forfeiture of Property [25350 - 25375] ( Chapter 14 added by Stats. 1953, Ch. 152. )

    Verify source ↗

    If no verified answer is filed within 20 days after notice is mailed or published, the court must hear evidence on unlawful use and may order the alcoholic beverages or other property forfeited to the State if the fact is proved.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 14. Seizure and Forfeiture of Property [25350 - 25375] ( Chapter 14 added by Stats. 1953, Ch. 152. ) ## 25363. If at the end of 20 days after the notice has been mailed or published there is no verified answer on file, the court shall hear evidence upon the fact of unlawful use and shall, upon proof thereof, order the alcoholic beverages or other property forfeited to the State. (Added by Stats. 1953, Ch. 152.)
  106. 25364.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 14. Seizure and Forfeiture of Property [25350 - 25375] ( Chapter 14 added by Stats. 1953, Ch. 152. )

    Verify source ↗

    If a verified answer is filed, the forfeiture proceeding may be set for a hearing within 30 days, and notice must be given to the owner or owners who filed the verified answers.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 14. Seizure and Forfeiture of Property [25350 - 25375] ( Chapter 14 added by Stats. 1953, Ch. 152. ) ## 25364. If a verified answer has been filed, the forfeiture proceeding may be set for hearing on a day within 30 days from the date of filing, and notice of this proceeding shall be given to the owner or owners filing verified answers. (Added by Stats. 1953, Ch. 152.)
  107. 25365.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 14. Seizure and Forfeiture of Property [25350 - 25375] ( Chapter 14 added by Stats. 1953, Ch. 152. )

    Verify source ↗

    At the hearing, owners with verified answers on file may present competent evidence that the alcoholic beverages or other property were not used against this division.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 14. Seizure and Forfeiture of Property [25350 - 25375] ( Chapter 14 added by Stats. 1953, Ch. 152. ) ## 25365. At the time set for the hearing, any of the owners who have verified answers on file may show by competent evidence that the alcoholic beverages or other property were not in fact used contrary to the provisions of this division. (Added by Stats. 1953, Ch. 152.)
  108. 25366.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 14. Seizure and Forfeiture of Property [25350 - 25375] ( Chapter 14 added by Stats. 1953, Ch. 152. )

    Verify source ↗

    If a court determines the property was not used contrary to this division, it must order the alcoholic beverages or other property released to the owner or owners.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 14. Seizure and Forfeiture of Property [25350 - 25375] ( Chapter 14 added by Stats. 1953, Ch. 152. ) ## 25366. If the fact is determined that the alcoholic beverages or other property were not used contrary to the provisions of this division, the court shall order the alcoholic beverages or other property released to the owner or owners thereof. (Added by Stats. 1953, Ch. 152.)
  109. 25367.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 14. Seizure and Forfeiture of Property [25350 - 25375] ( Chapter 14 added by Stats. 1953, Ch. 152. )

    Verify source ↗

    At the hearing, a recorded lien or mortgage claimant may show the lien or contract was bona fide and made after a reasonable check of the parties’ moral responsibility, character, and reputation, without knowing the property was being used unlawfully.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 14. Seizure and Forfeiture of Property [25350 - 25375] ( Chapter 14 added by Stats. 1953, Ch. 152. ) ## 25367. At the time set for the hearing the claimant of any right, title, or interest in the alcoholic beverages or other property under a lien, mortgage, or conditional sales contract which is officially of record may prove that the lien, mortgage, or conditional sales contract is bona fide and was created after a reasonable investigation of the moral responsibility, character, and reputation of the lienor, mortgagor, or vendee and without any knowledge that the alcoholic beverages or other property was being, or was to be, used contrary to the provisions of this division. (Added by Stats. 1953, Ch. 152.)
  110. 25368.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 14. Seizure and Forfeiture of Property [25350 - 25375] ( Chapter 14 added by Stats. 1953, Ch. 152. )

    Verify source ↗

    If a lienholder, mortgagee, or vendor proves the facts in Section 25367, the court must release the property when the amount due is at least its value; if the amount due is less, the department must sell it at public auction and deposit the remaining proceeds in the State Treasury.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 14. Seizure and Forfeiture of Property [25350 - 25375] ( Chapter 14 added by Stats. 1953, Ch. 152. ) ## 25368. If the lienholder, mortgagee, or vendor proves the facts set forth in Section 25367, the court shall order the alcoholic beverages or other property released to him if the amount due to him is equal to, or in excess of, the value of the alcoholic beverages or other property. If the amount due to him is less than the value of the alcoholic beverages or other property, the alcoholic beverages or other property shall be sold at public auction by the department, and the remainder of the proceeds of the sale, after payment of the balance due on the purchase price, mortgage, or lien, shall be deposited in the State Treasury. (Amended by Stats. 1955, Ch. 447.)
  111. 25369.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 14. Seizure and Forfeiture of Property [25350 - 25375] ( Chapter 14 added by Stats. 1953, Ch. 152. )

    Verify source ↗

    The Department of Finance may, within 30 days after judgment, pay the balance due to certain protected purchasers or creditors and buy the alcoholic beverages or other property for the State.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 14. Seizure and Forfeiture of Property [25350 - 25375] ( Chapter 14 added by Stats. 1953, Ch. 152. ) ## 25369. In any case the Department of Finance may, within 30 days after judgment, pay the balance due to the bona fide or innocent purchaser, lienholder, mortgagee, or vendor and purchase the alcoholic beverages or other property for the State. (Added by Stats. 1953, Ch. 152.)
  112. 2537.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.3. Speech-Language Pathologists, Audiologists, and Hearing Aid Dispensers [2530 - 2539.14] ( Heading of Chapter 5.3 amended by Stats. 2022, Ch. 415, Sec. 1. ) ## ARTICLE 7. Speech-Language Pathology Corporations and Audiology Corporations [2536 - 2537.5] ( Heading of Article 7 amended by Stats. 1994, Ch. 26, Sec. 38. )

    Verify source ↗

    Licensed persons under this chapter must not violate, try to violate, help violate, or conspire to violate this article, the Moscone-Knox Professional Corporation Act, or related regulations.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.3. Speech-Language Pathologists, Audiologists, and Hearing Aid Dispensers [2530 - 2539.14] ( Heading of Chapter 5.3 amended by Stats. 2022, Ch. 415, Sec. 1. ) ## ARTICLE 7. Speech-Language Pathology Corporations and Audiology Corporations [2536 - 2537.5] ( Heading of Article 7 amended by Stats. 1994, Ch. 26, Sec. 38. ) ## 2537. It shall constitute unprofessional conduct and a violation of this chapter for any person licensed under this chapter to violate, attempt to violate, directly or indirectly, or assist in or abet the violation of, or conspire to violate, any provision or term of this article, the Moscone-Knox Professional Corporation Act, or any regulations duly adopted under those laws. (Repealed and added by Stats. 1980, Ch. 1314, Sec. 6.)
  113. 2537.1.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.3. Speech-Language Pathologists, Audiologists, and Hearing Aid Dispensers [2530 - 2539.14] ( Heading of Chapter 5.3 amended by Stats. 2022, Ch. 415, Sec. 1. ) ## ARTICLE 7. Speech-Language Pathology Corporations and Audiology Corporations [2536 - 2537.5] ( Heading of Article 7 amended by Stats. 1994, Ch. 26, Sec. 38. )

    Verify source ↗

    Speech-language pathology corporations and audiology corporations must not engage in conduct that would count as unprofessional conduct under applicable statutes or regulations, and they must follow those rules as if they were licensed persons under the chapter.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.3. Speech-Language Pathologists, Audiologists, and Hearing Aid Dispensers [2530 - 2539.14] ( Heading of Chapter 5.3 amended by Stats. 2022, Ch. 415, Sec. 1. ) ## ARTICLE 7. Speech-Language Pathology Corporations and Audiology Corporations [2536 - 2537.5] ( Heading of Article 7 amended by Stats. 1994, Ch. 26, Sec. 38. ) ## 2537.1. A speech-language pathology corporation or an audiology corporation shall not do or fail to do any act that the doing or failing to do 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 those statutes and regulations to the same extent as a person holding a license under this chapter. (Amended by Stats. 1994, Ch. 26, Sec. 39. Effective March 30, 1994.)
  114. 2537.2.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.3. Speech-Language Pathologists, Audiologists, and Hearing Aid Dispensers [2530 - 2539.14] ( Heading of Chapter 5.3 amended by Stats. 2022, Ch. 415, Sec. 1. ) ## ARTICLE 7. Speech-Language Pathology Corporations and Audiology Corporations [2536 - 2537.5] ( Heading of Article 7 amended by Stats. 1994, Ch. 26, Sec. 38. )

    Verify source ↗

    In a speech-language pathology corporation or audiology corporation, shareholders, directors, and officers must be licensed persons, except assistant secretaries and assistant treasurers.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.3. Speech-Language Pathologists, Audiologists, and Hearing Aid Dispensers [2530 - 2539.14] ( Heading of Chapter 5.3 amended by Stats. 2022, Ch. 415, Sec. 1. ) ## ARTICLE 7. Speech-Language Pathology Corporations and Audiology Corporations [2536 - 2537.5] ( Heading of Article 7 amended by Stats. 1994, Ch. 26, Sec. 38. ) ## 2537.2. Except as provided in Sections 13401.5 and 13403 of the Corporations Code, each shareholder, director and officer of a speech-language pathology corporation or an audiology corporation, except an assistant secretary and an assistant treasurer, shall be a licensed person as defined in Section 13401. (Amended by Stats. 1994, Ch. 26, Sec. 40. Effective March 30, 1994.)
  115. 2537.3.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.3. Speech-Language Pathologists, Audiologists, and Hearing Aid Dispensers [2530 - 2539.14] ( Heading of Chapter 5.3 amended by Stats. 2022, Ch. 415, Sec. 1. ) ## ARTICLE 7. Speech-Language Pathology Corporations and Audiology Corporations [2536 - 2537.5] ( Heading of Article 7 amended by Stats. 1994, Ch. 26, Sec. 38. )

    Verify source ↗

    A speech-language pathology or audiology corporation may not let income from services performed while a shareholder is a disqualified person benefit that shareholder or their share in the corporation.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.3. Speech-Language Pathologists, Audiologists, and Hearing Aid Dispensers [2530 - 2539.14] ( Heading of Chapter 5.3 amended by Stats. 2022, Ch. 415, Sec. 1. ) ## ARTICLE 7. Speech-Language Pathology Corporations and Audiology Corporations [2536 - 2537.5] ( Heading of Article 7 amended by Stats. 1994, Ch. 26, Sec. 38. ) ## 2537.3. The income of a speech-language pathology corporation or an audiology 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 that shareholder or their share in the speech-language pathology or audiology corporation. (Amended by Stats. 2023, Ch. 510, Sec. 7. (SB 887) Effective January 1, 2024.)
  116. 2537.4.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.3. Speech-Language Pathologists, Audiologists, and Hearing Aid Dispensers [2530 - 2539.14] ( Heading of Chapter 5.3 amended by Stats. 2022, Ch. 415, Sec. 1. ) ## ARTICLE 7. Speech-Language Pathology Corporations and Audiology Corporations [2536 - 2537.5] ( Heading of Article 7 amended by Stats. 1994, Ch. 26, Sec. 38. )

    Verify source ↗

    Speech-language pathology corporations and audiology corporations must use specified words plus “corporation” (or a corporate abbreviation) in their names when rendering professional services.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.3. Speech-Language Pathologists, Audiologists, and Hearing Aid Dispensers [2530 - 2539.14] ( Heading of Chapter 5.3 amended by Stats. 2022, Ch. 415, Sec. 1. ) ## ARTICLE 7. Speech-Language Pathology Corporations and Audiology Corporations [2536 - 2537.5] ( Heading of Article 7 amended by Stats. 1994, Ch. 26, Sec. 38. ) ## 2537.4. (a) The name of a speech-language pathology corporation under which it may render professional services shall include one of the words specified in subdivision (a) of Section 2530.3 and the word “corporation” or wording or abbreviations denoting corporate existence. (b) The name of an audiology corporation under which it may render professional services shall include one of the words specified in subdivision (b) of Section 2530.3 and the word “corporation” or wording or abbreviations denoting corporate existence. (Added by renumbering Section 2538 by Stats. 1998, Ch. 1058, Sec. 5. Effective January 1, 1999.)
  117. 2537.5.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.3. Speech-Language Pathologists, Audiologists, and Hearing Aid Dispensers [2530 - 2539.14] ( Heading of Chapter 5.3 amended by Stats. 2022, Ch. 415, Sec. 1. ) ## ARTICLE 7. Speech-Language Pathology Corporations and Audiology Corporations [2536 - 2537.5] ( Heading of Article 7 amended by Stats. 1994, Ch. 26, Sec. 38. )

    Verify source ↗

    The board may adopt and enforce regulations for this article and the Moscone-Knox Professional Corporation Act, including rules that require certain corporate bylaws and insurance/security coverage.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.3. Speech-Language Pathologists, Audiologists, and Hearing Aid Dispensers [2530 - 2539.14] ( Heading of Chapter 5.3 amended by Stats. 2022, Ch. 415, Sec. 1. ) ## ARTICLE 7. Speech-Language Pathology Corporations and Audiology Corporations [2536 - 2537.5] ( Heading of Article 7 amended by Stats. 1994, Ch. 26, Sec. 38. ) ## 2537.5. The board 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 any of the following: (a) That the bylaws of a speech-language pathology corporation or an audiology corporation shall include a provision whereby the capital stock of the corporation owned by a disqualified person as defined in Section 13401 of the Corporations Code, or by the estate of a deceased person shall be sold to the corporation or to the remaining shareholders of the corporation within that time as the regulations may provide. (b) That a speech-language pathology corporation or an audiology 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 renumbering Section 2539 by Stats. 1998, Ch. 1058, Sec. 7. Effective January 1, 1999.)
  118. 25370.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 14. Seizure and Forfeiture of Property [25350 - 25375] ( Chapter 14 added by Stats. 1953, Ch. 152. )

    Verify source ↗

    After a forfeiture judgment, the property must be turned over to the Department of General Services for disposition.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 14. Seizure and Forfeiture of Property [25350 - 25375] ( Chapter 14 added by Stats. 1953, Ch. 152. ) ## 25370. Upon a judgment in favor of the forfeiture, the alcoholic beverages or other property shall be ordered turned over to the Department of General Services for disposition as follows: (a) Delivery to the Department of Alcoholic Beverage Control for use in the needs of the department as may be requested by it. (b) Delivery to any other state department, board, commission, officer, hospital, or institution. (c) Sale at public auction, and when alcoholic beverages are sold at public auction they shall be sold only to licensees authorized to sell them. (Amended by Stats. 1965, Ch. 371.)
  119. 25371.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 14. Seizure and Forfeiture of Property [25350 - 25375] ( Chapter 14 added by Stats. 1953, Ch. 152. )

    Verify source ↗

    The Department of Alcoholic Beverage Control must keep a record of seizures and dispositions when alcoholic beverages or other property are seized under this division.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 14. Seizure and Forfeiture of Property [25350 - 25375] ( Chapter 14 added by Stats. 1953, Ch. 152. ) ## 25371. When alcoholic beverages or other property are seized under this division, a record of the seizure and disposition shall be kept by the Department of Alcoholic Beverage Control. (Amended by Stats. 1955, Ch. 447.)
  120. 25372.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 14. Seizure and Forfeiture of Property [25350 - 25375] ( Chapter 14 added by Stats. 1953, Ch. 152. )

    Verify source ↗

    Department of Alcoholic Beverage Control officers, employees, or agents must not dispose of seized alcoholic beverages or other seized property except as directed by the court or this division.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 14. Seizure and Forfeiture of Property [25350 - 25375] ( Chapter 14 added by Stats. 1953, Ch. 152. ) ## 25372. Any officer, employee, or agent of the Department of Alcoholic Beverage Control who disposes of any alcoholic beverages or other property seized under this division in any manner other than as directed by order of the court or the provisions of this division is liable to the State in a civil action and is guilty of a felony. (Amended by Stats. 1955, Ch. 447.)
  121. 25373.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 14. Seizure and Forfeiture of Property [25350 - 25375] ( Chapter 14 added by Stats. 1953, Ch. 152. )

    Verify source ↗

    A peace officer who seizes alcoholic beverages or other property may hold them as evidence.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 14. Seizure and Forfeiture of Property [25350 - 25375] ( Chapter 14 added by Stats. 1953, Ch. 152. ) ## 25373. Any peace officer of this State upon seizing any alcoholic beverages or other property may hold them as evidence until a forfeiture has been declared, a release ordered as provided in this chapter, or other disposition has been made pursuant to this division. (Added by Stats. 1953, Ch. 152.)
  122. 25374.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 14. Seizure and Forfeiture of Property [25350 - 25375] ( Chapter 14 added by Stats. 1953, Ch. 152. )

    Verify source ↗

    This chapter does not apply to common carriers or to employees acting within the scope of their employment under this division.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 14. Seizure and Forfeiture of Property [25350 - 25375] ( Chapter 14 added by Stats. 1953, Ch. 152. ) ## 25374. Nothing contained in this chapter applies to common carriers or to an employee acting within the scope of his employment under this division. (Added by Stats. 1953, Ch. 152.)
  123. 25375.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 14. Seizure and Forfeiture of Property [25350 - 25375] ( Chapter 14 added by Stats. 1953, Ch. 152. )

    Verify source ↗

    This section sets out how alcohol licenses may be seized and forfeited, including notice, hearing, transfer limits, and post-seizure handling.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 14. Seizure and Forfeiture of Property [25350 - 25375] ( Chapter 14 added by Stats. 1953, Ch. 152. ) ## 25375. (a) Upon 10 days notice to a person who holds a license described in this division, the Attorney General or a district attorney shall seek an order from the superior court for the seizure of a license described in this division for purposes of seeking forfeiture of the license pursuant to Sections 11470 to 11492, inclusive, of the Health and Safety Code. From the time of notice until the hearing to establish probable cause, as provided by this section, the license may not be sold or transferred. The 10-day period may be extended by the court for good cause or upon the stipulation of the parties. (b) A petition for forfeiture pursuant to Section 11488.4 of the Health and Safety Code shall be filed within 10 days of the service of notice pursuant to this section. (c) At the hearing, the Attorney General or district attorney shall establish probable cause that the license is subject to forfeiture pursuant to Section 11470 of the Health and Safety Code. The showing of probable cause may be established by deposition, affidavit, declaration, prior judicial testimony, or other evidence. The licensee may produce evidence to refute the showing of probable cause. (d) If the court determines there is probable cause that the license is subject to forfeiture, it shall issue an order for its seizure by any peace officer within its jurisdiction. (e) If probable cause is not established at the hearing, or if the hearing is neither held within the 10-day period nor continued for good cause or by stipulation of the parties, the prohibition against the sale or transfer of the license shall immediately cease and the petition for forfeiture shall be dismissed. (f) Immediately upon seizure of the license, the peace officer shall surrender the license to the department by certified mail, along with written notice to the department of the seizure and intention to seek the initiation of forfeiture proceedings. No person who holds any interest in a license shall exercise any privileges of that license after it has been seized and during the time it is surrendered to the department pursuant to this subdivision. However, if the licensee appears and in any manner contest the showing of probable cause required by this subdivision, the licensee shall be barred from bringing a motion pursuant to paragraph (2) of subdivision (g) of Section 11488.4 of the Health and Safety Code. (g) Notwithstanding Article 5 (commencing with Section 23090) of Chapter 1.5 of this division, the Attorney General or a district attorney may seek a pendente lite order as provided in Section 11492 of the Health and Safety Code or Section 186.6 of the Penal Code relating to the custody, right, title, interest, and exercise of rights and privileges as related to a license described in this division which is the subject of a forfeiture proceeding pursuant to Section 11488.4 of the Health and Safety Code or Section 186.4 of the Penal Code. (h) Rights and privileges related to any license which is the subject of a forfeiture proceeding and which has been seized and surrendered to the department pursuant to this section may be exercised solely by a receiver appointed pursuant to Section 11492 of the Health and Safety Code or Section 186.6 of the Penal Code. No license, rights, or privileges of a license may be exercised by a receiver until that person has been found qualified to hold a license in his or her own right by the department pursuant to this division and the license has been issued to the custody of the receiver. Chapter 6 (commencing with Section 23950) of this division does not apply to a receiver appointed pursuant to this paragraph. Any receiver appointed pursuant to Section 11492 of the Health and Safety Code or Section 186.6 of the Penal Code who exercises privileges of a license issued to his or her custody shall be subject to disciplinary proceedings and may have the license suspended or revoked in the same manner as if he or she were licensed directly pursuant to this division. (i) Upon the entry of a judgment of forfeiture pursuant to Section 11488.5 of the Health and Safety Code or Section 186.6 of the Penal Code, or a declaration of forfeiture pursuant to subdivision (j) of Section 11488.5 of the Health and Safety Code forfeiting a license described in this division, the state or local government entity shall sell and transfer the license in accordance with Chapter 6 (commencing with Section 23950) of this division. The proceeds of that sale and transfer shall be allocated as specified in Section 11489 of the Health and Safety Code or Section 186.8 of the Penal Code, as appropriate. (j) Any alcoholic beverage which is the subject of a judgment of forfeiture pursuant to Section 11488.5 of the Health and Safety Code or Section 186.7 of the Penal Code, or a declaration of forfeiture pursuant to subdivision (i) of Section 11488.4 of the Health and Safety Code may be sold, transferred, and delivered by the state or local governmental entity, as specified in Section 11489 of the Health and Safety Code or Section 186.8 of the Penal Code, to a person licensed to sell that type of alcoholic beverage pursuant to this division. (Added by Stats. 1989, Ch. 1195, Sec. 1.2.)
  124. 2538.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.3. Speech-Language Pathologists, Audiologists, and Hearing Aid Dispensers [2530 - 2539.14] ( Heading of Chapter 5.3 amended by Stats. 2022, Ch. 415, Sec. 1. ) ## ARTICLE 7.5. Speech-Language Pathology Assistant [2538 - 2538.7] ( Article 7.5 added by Stats. 1998, Ch. 1058, Sec. 6. )

    Verify source ↗

    A person seeking approval as a speech-language pathology assistant must apply to the board for that approval.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.3. Speech-Language Pathologists, Audiologists, and Hearing Aid Dispensers [2530 - 2539.14] ( Heading of Chapter 5.3 amended by Stats. 2022, Ch. 415, Sec. 1. ) ## ARTICLE 7.5. Speech-Language Pathology Assistant [2538 - 2538.7] ( Article 7.5 added by Stats. 1998, Ch. 1058, Sec. 6. ) ## 2538. A person seeking approval as a speech-language pathology assistant shall make application to the board for that approval. (Added by Stats. 1998, Ch. 1058, Sec. 6. Effective January 1, 1999.)
  125. 2538.1.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.3. Speech-Language Pathologists, Audiologists, and Hearing Aid Dispensers [2530 - 2539.14] ( Heading of Chapter 5.3 amended by Stats. 2022, Ch. 415, Sec. 1. ) ## ARTICLE 7.5. Speech-Language Pathology Assistant [2538 - 2538.7] ( Article 7.5 added by Stats. 1998, Ch. 1058, Sec. 6. )

    Verify source ↗

    The board must adopt regulations for supervising speech-language pathology assistants and setting training, registration, supervision, and professional development rules.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.3. Speech-Language Pathologists, Audiologists, and Hearing Aid Dispensers [2530 - 2539.14] ( Heading of Chapter 5.3 amended by Stats. 2022, Ch. 415, Sec. 1. ) ## ARTICLE 7.5. Speech-Language Pathology Assistant [2538 - 2538.7] ( Article 7.5 added by Stats. 1998, Ch. 1058, Sec. 6. ) ## 2538.1. (a) The board shall adopt regulations, in collaboration with the State Department of Education, the Commission on Teacher Credentialing, and the Advisory Commission on Special Education, that set forth standards and requirements for the adequate supervision of speech-language pathology assistants. (b) The board shall adopt regulations as reasonably necessary to carry out the purposes of this article, that shall include, but need not be limited to, the following: (1) Procedures and requirements for application, registration, renewal, suspension, and revocation. (2) Standards for approval of Associate Degree Speech-Language Pathology Assistant training programs based upon standards and curriculum guidelines established by the National Council on Academic Accreditation in Audiology and Speech-Language Pathology, or the American Speech-Language-Hearing Association, or equivalent formal training programs consisting of two years of technical education, including supervised field placements. The board may impanel site review committees to conduct onsite evaluations, inspections, and investigations of a speech-language pathology assistant training program and to assess the training program’s compliance with the board’s laws and regulations. The members of the site review committee shall receive no compensation but shall be reimbursed for their actual travel and per diem expenses by the institution that is the subject of the evaluation, inspection, or investigation. (3) Standards for accreditation of a Speech-Language Pathology Assistant training program’s institution by the Accrediting Commission for Community and Junior Colleges of the Western Association of Schools and Colleges or the Senior College Commission of the Western Association of Schools and Colleges, or equivalent accreditation. (4) The scope of responsibility, duties, and functions of speech-language pathology assistants, that shall include, but not be limited to, all of the following: (A) Conducting speech-language screening, without interpretation, and using screening protocols developed by the supervising speech-language pathologist. (B) Providing direct treatment assistance to patients or clients under the supervision of a speech-language pathologist. (C) Following and implementing documented treatment plans or protocols developed by a supervising speech-language pathologist. (D) Documenting patient or client progress toward meeting established objectives, and reporting the information to a supervising speech-language pathologist. (E) Assisting a speech-language pathologist during assessments, including, but not limited to, assisting with formal documentation, preparing materials, and performing clerical duties for a supervising speech-language pathologist. (F) When competent to do so, as determined by the supervising speech-language pathologist, acting as an interpreter for non-English-speaking patients or clients and their family members. (G) Scheduling activities and preparing charts, records, graphs, and data. (H) Performing checks and maintenance of equipment, including, but not limited to, augmentative communication devices. (I) Assisting with speech-language pathology research projects, in-service training, and family or community education. The regulations shall provide that speech-language pathology assistants are not authorized to conduct evaluations, interpret data, alter treatment plans, or perform any task without the express knowledge and approval of a supervising speech-language pathologist. (5) The requirements for the wearing of distinguishing name badges with the title of speech-language pathology assistant. (6) Minimum continuing professional development requirements for the speech-language pathology assistant, not to exceed 12 hours in a two-year period. The speech-language pathology assistant’s supervisor shall act as a professional development advisor. The speech-language pathology assistant’s professional growth may be satisfied with successful completion of state or regional conferences, workshops, formal in-service presentations, independent study programs, or any combination of these concerning communication and related disorders. (7) Minimum continuing professional development requirements for the supervisor of a speech-language pathology assistant. (8) The type and amount of direct and indirect supervision required for speech-language pathology assistants. (9) The maximum number of assistants permitted per supervisor. (10) A requirement that the supervising speech-language pathologist shall remain responsible and accountable for clinical judgments and decisions and the maintenance of the highest quality and standards of practice when a speech-language pathology assistant is utilized. (Amended by Stats. 2002, Ch. 485, Sec. 6. Effective January 1, 2003.)
  126. 2538.10.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.3. Speech-Language Pathologists, Audiologists, and Hearing Aid Dispensers [2530 - 2539.14] ( Heading of Chapter 5.3 amended by Stats. 2022, Ch. 415, Sec. 1. ) ## ARTICLE 8. Hearing Aid Dispensers [2538.10 - 2538.57] ( Article 8 added by Stats. 2011, Ch. 449, Sec. 9. )

    Verify source ↗

    This section defines terms used in the hearing aid dispensers article.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.3. Speech-Language Pathologists, Audiologists, and Hearing Aid Dispensers [2530 - 2539.14] ( Heading of Chapter 5.3 amended by Stats. 2022, Ch. 415, Sec. 1. ) ## ARTICLE 8. Hearing Aid Dispensers [2538.10 - 2538.57] ( Article 8 added by Stats. 2011, Ch. 449, Sec. 9. ) ## 2538.10. For the purposes of this article, the following definitions shall apply: (a) “Advertise” and its variants include the use of a newspaper, magazine, or other publication, book, notice, circular, pamphlet, letter, handbill, poster, bill, sign, placard, card, label, tag, window display, store sign, radio, or television announcement, or any other means or methods now or hereafter employed to bring to the attention of the public the practice of fitting or selling of hearing aids. (b) “License” means a hearing aid dispenser license issued pursuant to this article and includes a temporary or trainee license. (c) “Licensee” means a person holding a license. (d) “Hearing aid” means any wearable instrument or device designed for, or offered for the purpose of, aiding or compensating for impaired human hearing. (e) “Fund” means the Speech-Language Pathology and Audiology and Hearing Aid Dispensers Fund. (Amended by Stats. 2024, Ch. 497, Sec. 10. (SB 1526) Effective January 1, 2025.)
  127. 2538.11.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.3. Speech-Language Pathologists, Audiologists, and Hearing Aid Dispensers [2530 - 2539.14] ( Heading of Chapter 5.3 amended by Stats. 2022, Ch. 415, Sec. 1. ) ## ARTICLE 8. Hearing Aid Dispensers [2538.10 - 2538.57] ( Article 8 added by Stats. 2011, Ch. 449, Sec. 9. )

    Verify source ↗

    This section defines “practice of fitting or selling hearing aids,” requires audiometer or other equipment used in that practice to be properly calibrated and checked at least annually, and forbids a hearing aid dispenser from conducting diagnostic hearing tests while doing fitting-or-selling tests.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.3. Speech-Language Pathologists, Audiologists, and Hearing Aid Dispensers [2530 - 2539.14] ( Heading of Chapter 5.3 amended by Stats. 2022, Ch. 415, Sec. 1. ) ## ARTICLE 8. Hearing Aid Dispensers [2538.10 - 2538.57] ( Article 8 added by Stats. 2011, Ch. 449, Sec. 9. ) ## 2538.11. (a) “Practice of fitting or selling hearing aids,” as used in this article, means those practices used for the purpose of selection and adaptation of hearing aids, including direct observation of the ear, testing of hearing in connection with the fitting and selling of hearing aids, taking of ear mold impressions, fitting or sale of hearing aids, and any necessary postfitting counseling. The practice of fitting or selling hearing aids does not include the act of concluding the transaction by a retail clerk. When any audiometer or other equipment is used in the practice of fitting or selling hearing aids, it shall be kept properly calibrated and in good working condition, and the calibration of the audiometer or other equipment shall be checked at least annually. (b) A hearing aid dispenser shall not conduct diagnostic hearing tests when conducting tests in connection with the practice of fitting or selling hearing aids. (c) Hearing tests conducted pursuant to this article shall include those that are in compliance with the Food and Drug Administration Guidelines for Hearing Aid Devices and those that are specifically covered in the licensing examination prepared and administered by the board. (Added by Stats. 2011, Ch. 449, Sec. 9. (SB 933) Effective January 1, 2012.)
  128. 2538.12.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.3. Speech-Language Pathologists, Audiologists, and Hearing Aid Dispensers [2530 - 2539.14] ( Heading of Chapter 5.3 amended by Stats. 2022, Ch. 415, Sec. 1. ) ## ARTICLE 8. Hearing Aid Dispensers [2538.10 - 2538.57] ( Article 8 added by Stats. 2011, Ch. 449, Sec. 9. )

    Verify source ↗

    A licensee may conduct certain hearing screenings at a health fair or similar event, must give the screened person a written warning afterward, and must not make or seek referrals for hearing-aid testing, fitting, or dispensing.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.3. Speech-Language Pathologists, Audiologists, and Hearing Aid Dispensers [2530 - 2539.14] ( Heading of Chapter 5.3 amended by Stats. 2022, Ch. 415, Sec. 1. ) ## ARTICLE 8. Hearing Aid Dispensers [2538.10 - 2538.57] ( Article 8 added by Stats. 2011, Ch. 449, Sec. 9. ) ## 2538.12. A licensee may conduct hearing screenings at a health fair or similar event by the application of a binary puretone screening at a preset intensity level for the purpose of identifying the need for further hearing or medical evaluation. Upon the conclusion of each hearing screening, the licensee shall present to the person whose hearing was screened a written statement containing the following provisions: “Results of a hearing screening are not a medical evaluation of your ear nor a diagnosis of a hearing disorder but are only the identification of the need for further medical or hearing evaluation.” A licensee conducting hearing screenings pursuant to this section shall not make or seek referrals for testing, fitting, or dispensing of hearing aids. (Added by Stats. 2011, Ch. 449, Sec. 9. (SB 933) Effective January 1, 2012.)
  129. 2538.13.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.3. Speech-Language Pathologists, Audiologists, and Hearing Aid Dispensers [2530 - 2539.14] ( Heading of Chapter 5.3 amended by Stats. 2022, Ch. 415, Sec. 1. ) ## ARTICLE 8. Hearing Aid Dispensers [2538.10 - 2538.57] ( Article 8 added by Stats. 2011, Ch. 449, Sec. 9. )

    Verify source ↗

    When fitting hearing aids, a hearing aid dispenser must not take facial measurements or fit, adjust, or adapt lenses or spectacle frames, but may replace spectacle-frame temples with temples that incorporate hearing aid components.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.3. Speech-Language Pathologists, Audiologists, and Hearing Aid Dispensers [2530 - 2539.14] ( Heading of Chapter 5.3 amended by Stats. 2022, Ch. 415, Sec. 1. ) ## ARTICLE 8. Hearing Aid Dispensers [2538.10 - 2538.57] ( Article 8 added by Stats. 2011, Ch. 449, Sec. 9. ) ## 2538.13. In fitting hearing aids, a hearing aid dispenser shall not take facial measurements or fit, adjust, or adapt lenses or spectacle frames, except that a hearing aid dispenser may replace the temple or temples of a person’s spectacle frames with a temple or temples incorporating hearing aid components. (Added by Stats. 2011, Ch. 449, Sec. 9. (SB 933) Effective January 1, 2012.)
  130. 2538.14.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.3. Speech-Language Pathologists, Audiologists, and Hearing Aid Dispensers [2530 - 2539.14] ( Heading of Chapter 5.3 amended by Stats. 2022, Ch. 415, Sec. 1. ) ## ARTICLE 8. Hearing Aid Dispensers [2538.10 - 2538.57] ( Article 8 added by Stats. 2011, Ch. 449, Sec. 9. )

    Verify source ↗

    This section defines “hearing aid dispenser” as a person who fits or sells hearing aids to an individual with impaired hearing.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.3. Speech-Language Pathologists, Audiologists, and Hearing Aid Dispensers [2530 - 2539.14] ( Heading of Chapter 5.3 amended by Stats. 2022, Ch. 415, Sec. 1. ) ## ARTICLE 8. Hearing Aid Dispensers [2538.10 - 2538.57] ( Article 8 added by Stats. 2011, Ch. 449, Sec. 9. ) ## 2538.14. “Hearing aid dispenser,” as used in this article, means a person engaged in the practice of fitting or selling hearing aids to an individual with impaired hearing. (Added by Stats. 2011, Ch. 449, Sec. 9. (SB 933) Effective January 1, 2012.)
  131. 2538.15.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.3. Speech-Language Pathologists, Audiologists, and Hearing Aid Dispensers [2530 - 2539.14] ( Heading of Chapter 5.3 amended by Stats. 2022, Ch. 415, Sec. 1. ) ## ARTICLE 8. Hearing Aid Dispensers [2538.10 - 2538.57] ( Article 8 added by Stats. 2011, Ch. 449, Sec. 9. )

    Verify source ↗

    This section defines “sell” or “sale” to include transfers of title or rights to use by lease, bailment, or other contracts, but it excludes wholesale transactions with distributors or dealers.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.3. Speech-Language Pathologists, Audiologists, and Hearing Aid Dispensers [2530 - 2539.14] ( Heading of Chapter 5.3 amended by Stats. 2022, Ch. 415, Sec. 1. ) ## ARTICLE 8. Hearing Aid Dispensers [2538.10 - 2538.57] ( Article 8 added by Stats. 2011, Ch. 449, Sec. 9. ) ## 2538.15. “Sell” or “sale” means any transfer of title or of the right to use by lease, bailment, or any other contract, excluding wholesale transactions with distributors or dealers. (Added by Stats. 2011, Ch. 449, Sec. 9. (SB 933) Effective January 1, 2012.)
  132. 2538.16.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.3. Speech-Language Pathologists, Audiologists, and Hearing Aid Dispensers [2530 - 2539.14] ( Heading of Chapter 5.3 amended by Stats. 2022, Ch. 415, Sec. 1. ) ## ARTICLE 8. Hearing Aid Dispensers [2538.10 - 2538.57] ( Article 8 added by Stats. 2011, Ch. 449, Sec. 9. )

    Verify source ↗

    The board must keep records of prosecutions under this article and of licensing examinations, including examinees’ names, addresses, and whether they passed.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.3. Speech-Language Pathologists, Audiologists, and Hearing Aid Dispensers [2530 - 2539.14] ( Heading of Chapter 5.3 amended by Stats. 2022, Ch. 415, Sec. 1. ) ## ARTICLE 8. Hearing Aid Dispensers [2538.10 - 2538.57] ( Article 8 added by Stats. 2011, Ch. 449, Sec. 9. ) ## 2538.16. The board shall keep a record of all prosecutions for violations of this article and of all examinations held for applicants for licenses together with the names and addresses of all persons taking examinations and of their success or failure to pass them. (Added by Stats. 2011, Ch. 449, Sec. 9. (SB 933) Effective January 1, 2012.)
  133. 2538.17.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.3. Speech-Language Pathologists, Audiologists, and Hearing Aid Dispensers [2530 - 2539.14] ( Heading of Chapter 5.3 amended by Stats. 2022, Ch. 415, Sec. 1. ) ## ARTICLE 8. Hearing Aid Dispensers [2538.10 - 2538.57] ( Article 8 added by Stats. 2011, Ch. 449, Sec. 9. )

    Verify source ↗

    The board may recommend or require a hearing-aid instruction course, and it must get advice from knowledgeable persons if it adopts regulations requiring that course.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.3. Speech-Language Pathologists, Audiologists, and Hearing Aid Dispensers [2530 - 2539.14] ( Heading of Chapter 5.3 amended by Stats. 2022, Ch. 415, Sec. 1. ) ## ARTICLE 8. Hearing Aid Dispensers [2538.10 - 2538.57] ( Article 8 added by Stats. 2011, Ch. 449, Sec. 9. ) ## 2538.17. The board may recommend the preparation of and administration of a course of instruction concerned with the fitting and selection of hearing aids. The board may require applicants to first complete the required course of instruction or otherwise satisfy the board that the applicant possesses the necessary background and qualifications to fit or sell hearing aids. If the board promulgates regulations to implement this section to require a course of instruction concerned with fitting and selling hearing aids, the board shall obtain the advice of persons knowledgeable in the preparation and administration of a course of instruction. The board may publish and distribute information concerning the examination requirements for obtaining a license to engage in the practice of fitting and selling hearing aids within this state. (Added by Stats. 2011, Ch. 449, Sec. 9. (SB 933) Effective January 1, 2012.)
  134. 2538.18.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.3. Speech-Language Pathologists, Audiologists, and Hearing Aid Dispensers [2530 - 2539.14] ( Heading of Chapter 5.3 amended by Stats. 2022, Ch. 415, Sec. 1. ) ## ARTICLE 8. Hearing Aid Dispensers [2538.10 - 2538.57] ( Article 8 added by Stats. 2011, Ch. 449, Sec. 9. )

    Verify source ↗

    Hearing-aid license holders must keep up their education after getting licensed, and license renewal can require documentation of current-practice training.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.3. Speech-Language Pathologists, Audiologists, and Hearing Aid Dispensers [2530 - 2539.14] ( Heading of Chapter 5.3 amended by Stats. 2022, Ch. 415, Sec. 1. ) ## ARTICLE 8. Hearing Aid Dispensers [2538.10 - 2538.57] ( Article 8 added by Stats. 2011, Ch. 449, Sec. 9. ) ## 2538.18. All holders of licenses to sell or fit hearing aids shall continue their education after receiving the license. The board shall provide by regulation, as a condition to the renewal of a license, that licensees shall submit documentation satisfactory to the board that they have informed themselves of current practices related to the fitting of hearing aids by having pursued courses of study satisfactory to the board or by other means defined as equivalent by the board. Continuing education courses shall be subject to monitoring to ensure compliance with the regulations adopted by the board pursuant to this section. (Added by Stats. 2011, Ch. 449, Sec. 9. (SB 933) Effective January 1, 2012.)
  135. 2538.20.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.3. Speech-Language Pathologists, Audiologists, and Hearing Aid Dispensers [2530 - 2539.14] ( Heading of Chapter 5.3 amended by Stats. 2022, Ch. 415, Sec. 1. ) ## ARTICLE 8. Hearing Aid Dispensers [2538.10 - 2538.57] ( Article 8 added by Stats. 2011, Ch. 449, Sec. 9. )

    Verify source ↗

    An individual may not fit or sell hearing aids, or advertise themselves as doing so, without first getting a board license.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.3. Speech-Language Pathologists, Audiologists, and Hearing Aid Dispensers [2530 - 2539.14] ( Heading of Chapter 5.3 amended by Stats. 2022, Ch. 415, Sec. 1. ) ## ARTICLE 8. Hearing Aid Dispensers [2538.10 - 2538.57] ( Article 8 added by Stats. 2011, Ch. 449, Sec. 9. ) ## 2538.20. It is unlawful for an individual to engage in the practice of fitting or selling hearing aids, or to display a sign or in any other way to advertise or hold themselves out as being so engaged without having first obtained a license from the board under the provisions of this article. Nothing in this article shall prohibit a corporation, partnership, trust, association, or other like organization maintaining an established business address from engaging in the business of fitting or selling, or offering for sale, hearing aids at retail without a license, provided that any and all fitting or selling of hearing aids is conducted by the individuals who are licensed pursuant to the provisions of this article. A person whose license as a hearing aid dispenser has been suspended or revoked shall not be the proprietor of a business that engages in the practice of fitting or selling hearing aids nor shall that person be a partner, shareholder, member, or fiduciary in a partnership, corporation, association, or trust that maintains or operates that business, during the period of the suspension or revocation. This restriction shall not apply to stock ownership in a corporation that is listed on a stock exchange regulated by the Securities and Exchange Commission if the stock is acquired in a transaction conducted through that stock exchange. (Amended by Stats. 2023, Ch. 510, Sec. 8. (SB 887) Effective January 1, 2024.)
  136. 2538.21.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.3. Speech-Language Pathologists, Audiologists, and Hearing Aid Dispensers [2530 - 2539.14] ( Heading of Chapter 5.3 amended by Stats. 2022, Ch. 415, Sec. 1. ) ## ARTICLE 8. Hearing Aid Dispensers [2538.10 - 2538.57] ( Article 8 added by Stats. 2011, Ch. 449, Sec. 9. )

    Verify source ↗

    This article does not apply to certain people fitting hearing aids when they work for specified agencies, clinics, schools, or nonprofit programs and do not sell or offer hearing aids.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.3. Speech-Language Pathologists, Audiologists, and Hearing Aid Dispensers [2530 - 2539.14] ( Heading of Chapter 5.3 amended by Stats. 2022, Ch. 415, Sec. 1. ) ## ARTICLE 8. Hearing Aid Dispensers [2538.10 - 2538.57] ( Article 8 added by Stats. 2011, Ch. 449, Sec. 9. ) ## 2538.21. This article does not apply to a person engaged in the practice of fitting hearing aids if their practice is for a governmental agency, or private clinic, or is part of the academic curriculum of an accredited institution of higher education, or part of a program conducted by a public, charitable institution or other nonprofit organization, and who does not engage directly or indirectly in the sale or offering for sale of hearing aids. (Amended by Stats. 2023, Ch. 510, Sec. 9. (SB 887) Effective January 1, 2024.)
  137. 2538.22.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.3. Speech-Language Pathologists, Audiologists, and Hearing Aid Dispensers [2530 - 2539.14] ( Heading of Chapter 5.3 amended by Stats. 2022, Ch. 415, Sec. 1. ) ## ARTICLE 8. Hearing Aid Dispensers [2538.10 - 2538.57] ( Article 8 added by Stats. 2011, Ch. 449, Sec. 9. )

    Verify source ↗

    This section says the article does not apply to certain physicians and surgeons, audiologists, or supervised individuals, if they do not directly or indirectly sell or offer hearing aids.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.3. Speech-Language Pathologists, Audiologists, and Hearing Aid Dispensers [2530 - 2539.14] ( Heading of Chapter 5.3 amended by Stats. 2022, Ch. 415, Sec. 1. ) ## ARTICLE 8. Hearing Aid Dispensers [2538.10 - 2538.57] ( Article 8 added by Stats. 2011, Ch. 449, Sec. 9. ) ## 2538.22. This article does not apply to nor affect any physician and surgeon licensed under Chapter 5 (commencing with Section 2000) of Division 2 who does not directly or indirectly engage in the sale or offering for sale of hearing aids, nor to any audiologist licensed under this chapter, or to an individual supervised by the audiologist in conducting fitting procedures, and who does not directly or indirectly engage in the sale or offering for sale of hearing aids. (Added by Stats. 2011, Ch. 449, Sec. 9. (SB 933) Effective January 1, 2012.)
  138. 2538.23.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.3. Speech-Language Pathologists, Audiologists, and Hearing Aid Dispensers [2530 - 2539.14] ( Heading of Chapter 5.3 amended by Stats. 2022, Ch. 415, Sec. 1. ) ## ARTICLE 8. Hearing Aid Dispensers [2538.10 - 2538.57] ( Article 8 added by Stats. 2011, Ch. 449, Sec. 9. )

    Verify source ↗

    Hearing aids may be sold by catalog or direct mail if the seller is licensed, does no fitting or selection advice, and has the required signed statement. The seller must keep a copy of that statement, and a licensed hearing aid dispenser selling under this section does not have to comply with Section 2538.49(b).

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.3. Speech-Language Pathologists, Audiologists, and Hearing Aid Dispensers [2530 - 2539.14] ( Heading of Chapter 5.3 amended by Stats. 2022, Ch. 415, Sec. 1. ) ## ARTICLE 8. Hearing Aid Dispensers [2538.10 - 2538.57] ( Article 8 added by Stats. 2011, Ch. 449, Sec. 9. ) ## 2538.23. (a) Hearing aids may be sold by catalog or direct mail provided that: (1) The seller is licensed as a hearing aid dispenser in this state. (2) There is no fitting, selection, or adaptation of the instrument and no advice is given with respect to fitting, selection, or adaptation of the instrument and no advice is given with respect to the taking of an ear impression for an earmold by the seller. (3) The seller has received a statement which is signed by a physician and surgeon, audiologist, or a hearing aid dispenser, licensed by the State of California which verifies that Section 2538.36 and subdivision (b) of Section 2538.49 have been complied with. (b) A copy of the statement referred to in paragraph (3) of subdivision (a) shall be retained by the seller for the period provided for in Section 2538.38. (c) A licensed hearing aid dispenser who sells a hearing aid under this section shall not be required to comply with subdivision (b) of Section 2538.49. (Added by Stats. 2011, Ch. 449, Sec. 9. (SB 933) Effective January 1, 2012.)
  139. 2538.24.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.3. Speech-Language Pathologists, Audiologists, and Hearing Aid Dispensers [2530 - 2539.14] ( Heading of Chapter 5.3 amended by Stats. 2022, Ch. 415, Sec. 1. ) ## ARTICLE 8. Hearing Aid Dispensers [2538.10 - 2538.57] ( Article 8 added by Stats. 2011, Ch. 449, Sec. 9. )

    Verify source ↗

    A person seeking a hearing aid dispenser license must apply to the board.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.3. Speech-Language Pathologists, Audiologists, and Hearing Aid Dispensers [2530 - 2539.14] ( Heading of Chapter 5.3 amended by Stats. 2022, Ch. 415, Sec. 1. ) ## ARTICLE 8. Hearing Aid Dispensers [2538.10 - 2538.57] ( Article 8 added by Stats. 2011, Ch. 449, Sec. 9. ) ## 2538.24. Each person desiring to obtain a license to engage in the practice of fitting or selling hearing aids shall make application to the board. The application shall be made upon a form and shall be made in the manner as is provided by the board and shall be accompanied by the fee provided for in Section 2538.57. (Added by Stats. 2011, Ch. 449, Sec. 9. (SB 933) Effective January 1, 2012.)
  140. 2538.25.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.3. Speech-Language Pathologists, Audiologists, and Hearing Aid Dispensers [2530 - 2539.14] ( Heading of Chapter 5.3 amended by Stats. 2022, Ch. 415, Sec. 1. ) ## ARTICLE 8. Hearing Aid Dispensers [2538.10 - 2538.57] ( Article 8 added by Stats. 2011, Ch. 449, Sec. 9. )

    Verify source ↗

    The board must prepare and administer hearing aid dispenser license examinations, and each applicant must take and pass a written and practical exam.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.3. Speech-Language Pathologists, Audiologists, and Hearing Aid Dispensers [2530 - 2539.14] ( Heading of Chapter 5.3 amended by Stats. 2022, Ch. 415, Sec. 1. ) ## ARTICLE 8. Hearing Aid Dispensers [2538.10 - 2538.57] ( Article 8 added by Stats. 2011, Ch. 449, Sec. 9. ) ## 2538.25. (a) The board shall prepare, approve, grade, and conduct examinations of applicants for a hearing aid dispenser license. The board may provide that the preparation and grading of the examination be conducted by a competent person or organization other than the board, provided, however, that the board shall establish the guidelines for the examination and shall approve the actual examination. (b) Each applicant shall take and pass a written examination and a practical examination compiled at the direction of the board covering the critical tasks involved in the practice of fitting and selling hearing aids and the knowledge, skills, and abilities needed to perform those tasks safely and competently. (Amended by Stats. 2024, Ch. 497, Sec. 11. (SB 1526) Effective January 1, 2025.)
  141. 2538.26.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.3. Speech-Language Pathologists, Audiologists, and Hearing Aid Dispensers [2530 - 2539.14] ( Heading of Chapter 5.3 amended by Stats. 2022, Ch. 415, Sec. 1. ) ## ARTICLE 8. Hearing Aid Dispensers [2538.10 - 2538.57] ( Article 8 added by Stats. 2011, Ch. 449, Sec. 9. )

    Verify source ↗

    The board must issue a license to applicants who meet the listed requirements, and it may issue licenses only to individuals.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.3. Speech-Language Pathologists, Audiologists, and Hearing Aid Dispensers [2530 - 2539.14] ( Heading of Chapter 5.3 amended by Stats. 2022, Ch. 415, Sec. 1. ) ## ARTICLE 8. Hearing Aid Dispensers [2538.10 - 2538.57] ( Article 8 added by Stats. 2011, Ch. 449, Sec. 9. ) ## 2538.26. The board shall issue a license to all applicants who have satisfied this chapter, who are at least 18 years of age, who possess a high school diploma or its equivalent, who have not committed acts or crimes constituting grounds for denial of licensure under Section 480, and who have paid the fees provided for in Section 2538.57. No license shall be issued to any person other than an individual. (Added by Stats. 2011, Ch. 449, Sec. 9. (SB 933) Effective January 1, 2012.)
  142. 2538.27.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.3. Speech-Language Pathologists, Audiologists, and Hearing Aid Dispensers [2530 - 2539.14] ( Heading of Chapter 5.3 amended by Stats. 2022, Ch. 415, Sec. 1. ) ## ARTICLE 8. Hearing Aid Dispensers [2538.10 - 2538.57] ( Article 8 added by Stats. 2011, Ch. 449, Sec. 9. )

    Verify source ↗

    An eligible applicant may be issued a temporary license if they meet the stated proof and experience requirements. The temporary license lasts one year, cannot be renewed, and may end early if a regular license is issued. If the holder fails either exam, they must follow the supervision rules in Section 2538.28 and related regulations.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.3. Speech-Language Pathologists, Audiologists, and Hearing Aid Dispensers [2530 - 2539.14] ( Heading of Chapter 5.3 amended by Stats. 2022, Ch. 415, Sec. 1. ) ## ARTICLE 8. Hearing Aid Dispensers [2538.10 - 2538.57] ( Article 8 added by Stats. 2011, Ch. 449, Sec. 9. ) ## 2538.27. (a) An applicant who has fulfilled the requirements of Section 2538.24 and has made application therefor, may have a temporary license issued to them upon satisfactory proof to the board that the applicant holds a hearing aid dispenser license in another state, that the licensee has not been subject to formal disciplinary action by another licensing authority, and that the applicant has been engaged in the fitting and sale of hearing aids for the two years immediately prior to application. (b) A temporary license issued pursuant to this section shall be valid for one year from date of issuance and is not renewable. A temporary license shall automatically terminate upon issuance of a license prior to expiration of the one-year period. (c) The holder of a temporary license issued pursuant to this section who fails either license examination shall be subject to and shall comply with the supervision requirements of Section 2538.28 and any regulations adopted pursuant thereto. (Amended by Stats. 2024, Ch. 497, Sec. 12. (SB 1526) Effective January 1, 2025.)
  143. 2538.28.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.3. Speech-Language Pathologists, Audiologists, and Hearing Aid Dispensers [2530 - 2539.14] ( Heading of Chapter 5.3 amended by Stats. 2022, Ch. 415, Sec. 1. ) ## ARTICLE 8. Hearing Aid Dispensers [2538.10 - 2538.57] ( Article 8 added by Stats. 2011, Ch. 449, Sec. 9. )

    Verify source ↗

    The board may issue a trainee license if the applicant meets the stated requirements, and the license lets the trainee licensee fit or sell hearing aids under board regulations.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.3. Speech-Language Pathologists, Audiologists, and Hearing Aid Dispensers [2530 - 2539.14] ( Heading of Chapter 5.3 amended by Stats. 2022, Ch. 415, Sec. 1. ) ## ARTICLE 8. Hearing Aid Dispensers [2538.10 - 2538.57] ( Article 8 added by Stats. 2011, Ch. 449, Sec. 9. ) ## 2538.28. (a) An applicant who has fulfilled the requirements of Section 2538.24, and has made application therefor, and who proves to the satisfaction of the board that they will be supervised and trained by a hearing aid dispenser who is approved by the board may have a trainee license issued to them. The trainee license shall entitle the trainee licensee to fit or sell hearing aids as set forth in regulations of the board. The supervising dispenser shall be responsible for any acts or omissions committed by a trainee licensee under their supervision that may constitute a violation of this chapter. (b) The board shall adopt regulations setting forth criteria for its refusal to approve a hearing aid dispenser to supervise a trainee licensee, including procedures to appeal that decision. (c) A trainee license issued pursuant to this section is effective and valid for six months from date of issue. The board may renew the trainee license for an additional period of six months. Except as provided in subdivision (d), the board shall not issue more than two renewals of a trainee license to any applicant. Notwithstanding subdivision (d), if a trainee licensee who is entitled to renew a trainee license does not renew the trainee license and applies for a new trainee license at a later time, the new trainee license shall only be issued and renewed subject to the limitations set forth in this subdivision. (d) A new trainee license may be issued pursuant to this section if a trainee license issued pursuant to subdivision (c) has lapsed for a minimum of three years from the expiration or cancellation date of the previous trainee license. The board may issue only one new trainee license under this subdivision. (Amended by Stats. 2023, Ch. 510, Sec. 11. (SB 887) Effective January 1, 2024.)
  144. 2538.29.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.3. Speech-Language Pathologists, Audiologists, and Hearing Aid Dispensers [2530 - 2539.14] ( Heading of Chapter 5.3 amended by Stats. 2022, Ch. 415, Sec. 1. ) ## ARTICLE 8. Hearing Aid Dispensers [2538.10 - 2538.57] ( Article 8 added by Stats. 2011, Ch. 449, Sec. 9. )

    Verify source ↗

    A trainee licensee must take the licensure examination within 12 months of the license being issued.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.3. Speech-Language Pathologists, Audiologists, and Hearing Aid Dispensers [2530 - 2539.14] ( Heading of Chapter 5.3 amended by Stats. 2022, Ch. 415, Sec. 1. ) ## ARTICLE 8. Hearing Aid Dispensers [2538.10 - 2538.57] ( Article 8 added by Stats. 2011, Ch. 449, Sec. 9. ) ## 2538.29. A trainee licensed under Section 2538.28 shall take the licensure examination within the first 12 months after the trainee license is issued. Failure to take the licensure examination within that time shall result in expiration of the trainee license, and it shall not be renewed unless the trainee licensee has first taken the licensure examination. The board, however, may in its discretion renew the trainee license if the licensee failed to take the licensure examination due to illness or other hardship. (Amended by Stats. 2017, Ch. 454, Sec. 11. (AB 1706) Effective January 1, 2018.)
  145. 2538.3.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.3. Speech-Language Pathologists, Audiologists, and Hearing Aid Dispensers [2530 - 2539.14] ( Heading of Chapter 5.3 amended by Stats. 2022, Ch. 415, Sec. 1. ) ## ARTICLE 7.5. Speech-Language Pathology Assistant [2538 - 2538.7] ( Article 7.5 added by Stats. 1998, Ch. 1058, Sec. 6. )

    Verify source ↗

    A person applying for approval as a speech-language pathology assistant must have the required associate degree or an approved equivalent course of study.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.3. Speech-Language Pathologists, Audiologists, and Hearing Aid Dispensers [2530 - 2539.14] ( Heading of Chapter 5.3 amended by Stats. 2022, Ch. 415, Sec. 1. ) ## ARTICLE 7.5. Speech-Language Pathology Assistant [2538 - 2538.7] ( Article 7.5 added by Stats. 1998, Ch. 1058, Sec. 6. ) ## 2538.3. A person applying for approval as a speech-language pathology assistant shall have graduated from a speech-language pathology assistant associate degree program, or equivalent course of study, approved by the board. A person who has successfully graduated from a board-approved bachelor’s degree program in speech-language pathology or communication disorders shall be deemed to have satisfied an equivalent course of study. (Amended by Stats. 2024, Ch. 497, Sec. 9. (SB 1526) Effective January 1, 2025.)
  146. 2538.30.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.3. Speech-Language Pathologists, Audiologists, and Hearing Aid Dispensers [2530 - 2539.14] ( Heading of Chapter 5.3 amended by Stats. 2022, Ch. 415, Sec. 1. ) ## ARTICLE 8. Hearing Aid Dispensers [2538.10 - 2538.57] ( Article 8 added by Stats. 2011, Ch. 449, Sec. 9. )

    Verify source ↗

    Temporary or trainee licensees may not run, own, or present themselves as licensed hearing aid dispensers for these businesses.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.3. Speech-Language Pathologists, Audiologists, and Hearing Aid Dispensers [2530 - 2539.14] ( Heading of Chapter 5.3 amended by Stats. 2022, Ch. 415, Sec. 1. ) ## ARTICLE 8. Hearing Aid Dispensers [2538.10 - 2538.57] ( Article 8 added by Stats. 2011, Ch. 449, Sec. 9. ) ## 2538.30. (a) A temporary or trainee licensee shall not be the sole proprietor of, manage, or independently operate a business that engages in the fitting or sale of hearing aids. (b) A temporary or trainee licensee shall not advertise or otherwise represent that they hold a license as a hearing aid dispenser. (Amended by Stats. 2023, Ch. 510, Sec. 12. (SB 887) Effective January 1, 2024.)
  147. 2538.31.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.3. Speech-Language Pathologists, Audiologists, and Hearing Aid Dispensers [2530 - 2539.14] ( Heading of Chapter 5.3 amended by Stats. 2022, Ch. 415, Sec. 1. ) ## ARTICLE 8. Hearing Aid Dispensers [2538.10 - 2538.57] ( Article 8 added by Stats. 2011, Ch. 449, Sec. 9. )

    Verify source ↗

    The board must hold practical examinations at least twice a year and set the time and place at least 45 days before the exam date.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.3. Speech-Language Pathologists, Audiologists, and Hearing Aid Dispensers [2530 - 2539.14] ( Heading of Chapter 5.3 amended by Stats. 2022, Ch. 415, Sec. 1. ) ## ARTICLE 8. Hearing Aid Dispensers [2538.10 - 2538.57] ( Article 8 added by Stats. 2011, Ch. 449, Sec. 9. ) ## 2538.31. Practical examinations shall be held by the board at least twice a year. The time and place of any practical examination shall be fixed by the board at least 45 days prior to the date it is to be held. (Added by Stats. 2011, Ch. 449, Sec. 9. (SB 933) Effective January 1, 2012.)
  148. 2538.32.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.3. Speech-Language Pathologists, Audiologists, and Hearing Aid Dispensers [2530 - 2539.14] ( Heading of Chapter 5.3 amended by Stats. 2022, Ch. 415, Sec. 1. ) ## ARTICLE 8. Hearing Aid Dispensers [2538.10 - 2538.57] ( Article 8 added by Stats. 2011, Ch. 449, Sec. 9. )

    Verify source ↗

    Applicants must pass the written exam before taking the practical exam, and must get passing scores on both exams to receive a license.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.3. Speech-Language Pathologists, Audiologists, and Hearing Aid Dispensers [2530 - 2539.14] ( Heading of Chapter 5.3 amended by Stats. 2022, Ch. 415, Sec. 1. ) ## ARTICLE 8. Hearing Aid Dispensers [2538.10 - 2538.57] ( Article 8 added by Stats. 2011, Ch. 449, Sec. 9. ) ## 2538.32. Every applicant who obtains a passing score determined by the Angoff criterion-referenced method of establishing the point in each examination shall be deemed to have passed that examination. An applicant shall pass the written examination before they may take the practical examination. An applicant shall obtain a passing score on both the written and the practical examination in order to be issued a license. (Amended by Stats. 2023, Ch. 510, Sec. 13. (SB 887) Effective January 1, 2024.)
  149. 2538.33.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.3. Speech-Language Pathologists, Audiologists, and Hearing Aid Dispensers [2530 - 2539.14] ( Heading of Chapter 5.3 amended by Stats. 2022, Ch. 415, Sec. 1. ) ## ARTICLE 8. Hearing Aid Dispensers [2538.10 - 2538.57] ( Article 8 added by Stats. 2011, Ch. 449, Sec. 9. )

    Verify source ↗

    Licensees must notify the board in writing of their fitting/selling-hearing-aids business address information before starting, and report business address changes within 30 days. If they do not receive mail at the street address, they must also notify the board of the mailing address for each location and any mailing-address changes.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.3. Speech-Language Pathologists, Audiologists, and Hearing Aid Dispensers [2530 - 2539.14] ( Heading of Chapter 5.3 amended by Stats. 2022, Ch. 415, Sec. 1. ) ## ARTICLE 8. Hearing Aid Dispensers [2538.10 - 2538.57] ( Article 8 added by Stats. 2011, Ch. 449, Sec. 9. ) ## 2538.33. (a) Before engaging in the practice of fitting or selling hearing aids, each licensee shall notify the board in writing of the address or addresses where they are to engage, or intend to engage, in the practice of fitting or selling hearing aids, and of any changes in their place of business within 30 days of engaging in that practice. (b) If a street address is not the address at which the licensee receives mail, the licensee shall also notify the board in writing of the mailing address for each location where the licensee is to engage, or intends to engage, in the practice of fitting or selling hearing aids, and of any change in the mailing address of their place or places of business. (Amended by Stats. 2023, Ch. 510, Sec. 14. (SB 887) Effective January 1, 2024.)
  150. 2538.34.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.3. Speech-Language Pathologists, Audiologists, and Hearing Aid Dispensers [2530 - 2539.14] ( Heading of Chapter 5.3 amended by Stats. 2022, Ch. 415, Sec. 1. ) ## ARTICLE 8. Hearing Aid Dispensers [2538.10 - 2538.57] ( Article 8 added by Stats. 2011, Ch. 449, Sec. 9. )

    Verify source ↗

    Hearing aid licensees must keep a retail business address open to customers and register it with the board. If they have more than one place of business in the state, they must get a duplicate license for each branch office, unless the temporary-use exception applies.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.3. Speech-Language Pathologists, Audiologists, and Hearing Aid Dispensers [2530 - 2539.14] ( Heading of Chapter 5.3 amended by Stats. 2022, Ch. 415, Sec. 1. ) ## ARTICLE 8. Hearing Aid Dispensers [2538.10 - 2538.57] ( Article 8 added by Stats. 2011, Ch. 449, Sec. 9. ) ## 2538.34. (a) Every licensee who engages in the practice of fitting or selling hearing aids shall have and maintain an established retail business address to engage in that fitting or selling, routinely open for service to customers or clients. The address of the licensee’s place of business shall be registered with the board as provided in Section 2538.33. (b) Except as provided in subdivision (c), if a licensee maintains more than one place of business within this state, they shall apply for and procure a duplicate license for each branch office maintained. The application shall state the name of the person and the location of the place or places of business for which the duplicate license is desired. (c) A hearing aid dispenser may, without obtaining a duplicate license for a branch office, engage on a temporary basis in the practice of fitting or selling hearing aids at the primary or branch location of another licensee’s business or at a location or facility that they may use on a temporary basis, provided that the hearing aid dispenser notifies the board in advance in writing of the dates and addresses of those businesses, locations, or facilities at which they will engage in the practice of fitting or selling hearing aids. (Amended by Stats. 2023, Ch. 510, Sec. 15. (SB 887) Effective January 1, 2024.)
  151. 2538.35.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.3. Speech-Language Pathologists, Audiologists, and Hearing Aid Dispensers [2530 - 2539.14] ( Heading of Chapter 5.3 amended by Stats. 2022, Ch. 415, Sec. 1. ) ## ARTICLE 8. Hearing Aid Dispensers [2538.10 - 2538.57] ( Article 8 added by Stats. 2011, Ch. 449, Sec. 9. )

    Verify source ↗

    A licensee selling certain hearing aids must give the purchaser a written notice before the sale and provide a signed receipt at the sale, and must keep a copy of the notice.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.3. Speech-Language Pathologists, Audiologists, and Hearing Aid Dispensers [2530 - 2539.14] ( Heading of Chapter 5.3 amended by Stats. 2022, Ch. 415, Sec. 1. ) ## ARTICLE 8. Hearing Aid Dispensers [2538.10 - 2538.57] ( Article 8 added by Stats. 2011, Ch. 449, Sec. 9. ) ## 2538.35. (a) To the extent not inconsistent with federal law, a licensee shall, before the consummation of a sale of a hearing aid that uses proprietary programming software or locked, nonproprietary programming software, provide the purchaser with a written notice in 12-point type or larger that states the following: “The hearing aid being purchased uses proprietary or locked programming software and can only be serviced or programmed at specific facilities or locations.” The written notice shall be signed by the purchaser before the sale. The licensee shall keep and maintain a copy of the notice in accordance with Section 2538.38. (1) For purposes of this subdivision, the following definitions apply: (A) “Proprietary programming software” means software used to program hearing aids that is supplied by a hearing aid distributor or manufacturer for the exclusive use by affiliated providers. This software is locked and inaccessible to nonaffiliated providers. (B) “Locked, nonproprietary programming software” means software that any provider can render inaccessible to other hearing aid programmers. (b) A licensee shall, upon the consummation of a sale of a hearing aid, deliver to the purchaser a written receipt, signed by or on behalf of the licensee, containing all of the following: (1) The date of consummation of the sale. (2) Specifications as to the make, serial number, and model number of the hearing aid or aids sold. (3) The address of the principal place of business of the licensee, and the address and office hours at which the licensee shall be available for fitting or postfitting adjustments and servicing of the hearing aid or aids sold. (4) A statement to the effect that the aid or aids delivered to the purchaser are used or reconditioned, as the case may be, if that is the fact. (5) The number of the licensee’s license and the name and license number of any other hearing aid dispenser, temporary licensee, or trainee licensee, who provided any recommendation or consultation regarding the purchase of the hearing aid. (6) The terms of any guarantee or written warranty, required by Section 1793.02 of the Civil Code, made to the purchaser with respect to the hearing aid or hearing aids. (Amended by Stats. 2021, Ch. 266, Sec. 1. (AB 435) Effective January 1, 2022.)
  152. 2538.36.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.3. Speech-Language Pathologists, Audiologists, and Hearing Aid Dispensers [2530 - 2539.14] ( Heading of Chapter 5.3 amended by Stats. 2022, Ch. 415, Sec. 1. ) ## ARTICLE 8. Hearing Aid Dispensers [2538.10 - 2538.57] ( Article 8 added by Stats. 2011, Ch. 449, Sec. 9. )

    Verify source ↗

    A hearing aid licensee must give a written recommendation to consult a physician when certain ear-related conditions are present before fitting or selling a hearing aid.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.3. Speech-Language Pathologists, Audiologists, and Hearing Aid Dispensers [2530 - 2539.14] ( Heading of Chapter 5.3 amended by Stats. 2022, Ch. 415, Sec. 1. ) ## ARTICLE 8. Hearing Aid Dispensers [2538.10 - 2538.57] ( Article 8 added by Stats. 2011, Ch. 449, Sec. 9. ) ## 2538.36. (a) Whenever any of the following conditions are found to exist, either from observations by the licensee or based on information furnished by the prospective hearing aid user, a licensee shall, before fitting or selling a hearing aid to any individual, suggest to that individual in writing that it would be in the individual’s best interest to consult with a licensed physician and surgeon specializing in diseases of the ear, or, if none are available in the community, then to any duly licensed physician and surgeon: (1) Visible congenital or traumatic deformity of the ear. (2) History of, or active drainage from the ear within the previous 90 days. (3) History of sudden or rapidly progressive hearing loss within the previous 90 days. (4) Acute or chronic dizziness. (5) Unilateral hearing loss of sudden or recent onset within the previous 90 days. (6) Significant air-bone gap when generally acceptable standards have been established. (7) Visible evidence of significant cerumen accumulation or a foreign body in the ear canal. (8) Pain or discomfort in the ear. (b) No referral for medical opinion need be made by any licensee in the instance of replacement only of a hearing aid that has been lost or damaged beyond repair within one year of the date of purchase. A copy of the written recommendation shall be retained by the licensee for the period provided for in Section 2538.38. A person receiving the written recommendation who elects to purchase a hearing aid shall sign a receipt, and the receipt shall be kept with other documents retained by the licensee for the period provided for in Section 2538.38. Nothing in this section required to be performed by a licensee shall mean that the licensee is engaged in the diagnosis of illness or the practice of medicine or any other activity prohibited by the provisions of this code. (Amended by Stats. 2023, Ch. 510, Sec. 16. (SB 887) Effective January 1, 2024.)
  153. 2538.37.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.3. Speech-Language Pathologists, Audiologists, and Hearing Aid Dispensers [2530 - 2539.14] ( Heading of Chapter 5.3 amended by Stats. 2022, Ch. 415, Sec. 1. ) ## ARTICLE 8. Hearing Aid Dispensers [2538.10 - 2538.57] ( Article 8 added by Stats. 2011, Ch. 449, Sec. 9. )

    Verify source ↗

    A licensed person may not sell a hearing aid to someone 16 or younger unless both specified medical recommendations were made within the previous six months.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.3. Speech-Language Pathologists, Audiologists, and Hearing Aid Dispensers [2530 - 2539.14] ( Heading of Chapter 5.3 amended by Stats. 2022, Ch. 415, Sec. 1. ) ## ARTICLE 8. Hearing Aid Dispensers [2538.10 - 2538.57] ( Article 8 added by Stats. 2011, Ch. 449, Sec. 9. ) ## 2538.37. No hearing aid shall be sold by an individual licensed under this chapter, to a person 16 years of age or younger, unless within the preceding six months a recommendation for a hearing aid has been made by both a board-certified, or a board-eligible physician specializing in otolaryngology, and by a state licensed audiologist. A replacement of an identical hearing aid within one year shall be an exception to this requirement. (Added by Stats. 2011, Ch. 449, Sec. 9. (SB 933) Effective January 1, 2012.)
  154. 2538.38.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.3. Speech-Language Pathologists, Audiologists, and Hearing Aid Dispensers [2530 - 2539.14] ( Heading of Chapter 5.3 amended by Stats. 2022, Ch. 415, Sec. 1. ) ## ARTICLE 8. Hearing Aid Dispensers [2538.10 - 2538.57] ( Article 8 added by Stats. 2011, Ch. 449, Sec. 9. )

    Verify source ↗

    A hearing aid licensee must keep sale-related records at the business location, keep each record for seven years, and make those records available to the board on reasonable notice.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.3. Speech-Language Pathologists, Audiologists, and Hearing Aid Dispensers [2530 - 2539.14] ( Heading of Chapter 5.3 amended by Stats. 2022, Ch. 415, Sec. 1. ) ## ARTICLE 8. Hearing Aid Dispensers [2538.10 - 2538.57] ( Article 8 added by Stats. 2011, Ch. 449, Sec. 9. ) ## 2538.38. A licensee shall, upon the consummation of a sale of a hearing aid, keep and maintain records in the licensee’s office or place of business at all times and each record shall be kept and maintained for a seven-year period. All records related to the sale and fitting of hearing aids shall be open to inspection by the board or its authorized representatives upon reasonable notice. The records kept shall include: (a) Results of test techniques as they pertain to fitting of the hearing aid. (b) A copy of the written notice and the written receipt required by Section 2538.35 and the written recommendation and receipt required by Section 2538.36 when applicable. (c) Records of maintenance or calibration of equipment used in the practice of fitting or selling hearing aids. (Amended by Stats. 2021, Ch. 266, Sec. 2. (AB 435) Effective January 1, 2022.)
  155. 2538.39.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.3. Speech-Language Pathologists, Audiologists, and Hearing Aid Dispensers [2530 - 2539.14] ( Heading of Chapter 5.3 amended by Stats. 2022, Ch. 415, Sec. 1. ) ## ARTICLE 8. Hearing Aid Dispensers [2538.10 - 2538.57] ( Article 8 added by Stats. 2011, Ch. 449, Sec. 9. )

    Verify source ↗

    A hearing aid dispenser who owns, manages, or franchises a location where hearing aids are fit or sold is responsible for the adequacy of those fittings or sales.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.3. Speech-Language Pathologists, Audiologists, and Hearing Aid Dispensers [2530 - 2539.14] ( Heading of Chapter 5.3 amended by Stats. 2022, Ch. 415, Sec. 1. ) ## ARTICLE 8. Hearing Aid Dispensers [2538.10 - 2538.57] ( Article 8 added by Stats. 2011, Ch. 449, Sec. 9. ) ## 2538.39. A hearing aid dispenser who is the owner, manager, or franchisee at a location where hearing aids are fit or sold, shall be responsible for the adequacy of the fitting or selling of any hearing aid fit and sold by any licensee or licensees at that location. (Added by Stats. 2011, Ch. 449, Sec. 9. (SB 933) Effective January 1, 2012.)
  156. 2538.40.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.3. Speech-Language Pathologists, Audiologists, and Hearing Aid Dispensers [2530 - 2539.14] ( Heading of Chapter 5.3 amended by Stats. 2022, Ch. 415, Sec. 1. ) ## ARTICLE 8. Hearing Aid Dispensers [2538.10 - 2538.57] ( Article 8 added by Stats. 2011, Ch. 449, Sec. 9. )

    Verify source ↗

    If the board denies a license application, it must send the applicant a written notice stating the reason and explaining the applicant’s hearing right. The applicant must request the hearing in writing within 60 days after the denial notice. The notice may be sent by certified mail to the applicant’s latest address on file.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.3. Speech-Language Pathologists, Audiologists, and Hearing Aid Dispensers [2530 - 2539.14] ( Heading of Chapter 5.3 amended by Stats. 2022, Ch. 415, Sec. 1. ) ## ARTICLE 8. Hearing Aid Dispensers [2538.10 - 2538.57] ( Article 8 added by Stats. 2011, Ch. 449, Sec. 9. ) ## 2538.40. (a) Upon denial of an application for license, the board shall notify the applicant in writing of the following: (1) The reason for the denial. (2) That the applicant has a right to a hearing under Section 2533.2 if they make a written request within 60 days after notice of denial. (b) Service of the notice required by this section may be made by certified mail addressed to the applicant at the latest address filed by the applicant in writing with the board in their application or otherwise. (Amended by Stats. 2023, Ch. 510, Sec. 17. (SB 887) Effective January 1, 2024.)
  157. 2538.41.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.3. Speech-Language Pathologists, Audiologists, and Hearing Aid Dispensers [2530 - 2539.14] ( Heading of Chapter 5.3 amended by Stats. 2022, Ch. 415, Sec. 1. ) ## ARTICLE 8. Hearing Aid Dispensers [2538.10 - 2538.57] ( Article 8 added by Stats. 2011, Ch. 449, Sec. 9. )

    Verify source ↗

    Before restoring a revoked or suspended license, or changing probation, the board may require the petitioner to pass the regular licensing examination.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.3. Speech-Language Pathologists, Audiologists, and Hearing Aid Dispensers [2530 - 2539.14] ( Heading of Chapter 5.3 amended by Stats. 2022, Ch. 415, Sec. 1. ) ## ARTICLE 8. Hearing Aid Dispensers [2538.10 - 2538.57] ( Article 8 added by Stats. 2011, Ch. 449, Sec. 9. ) ## 2538.41. Before setting aside the revocation or suspension of any license or modifying the probation of any licensee, the board may require the petitioner to pass the regular examination given for applicants for licenses. (Added by Stats. 2011, Ch. 449, Sec. 9. (SB 933) Effective January 1, 2012.)
  158. 2538.42.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.3. Speech-Language Pathologists, Audiologists, and Hearing Aid Dispensers [2530 - 2539.14] ( Heading of Chapter 5.3 amended by Stats. 2022, Ch. 415, Sec. 1. ) ## ARTICLE 8. Hearing Aid Dispensers [2538.10 - 2538.57] ( Article 8 added by Stats. 2011, Ch. 449, Sec. 9. )

    Verify source ↗

    Anyone who violates this article commits a misdemeanor and may be punished by jail, a fine, or both.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.3. Speech-Language Pathologists, Audiologists, and Hearing Aid Dispensers [2530 - 2539.14] ( Heading of Chapter 5.3 amended by Stats. 2022, Ch. 415, Sec. 1. ) ## ARTICLE 8. Hearing Aid Dispensers [2538.10 - 2538.57] ( Article 8 added by Stats. 2011, Ch. 449, Sec. 9. ) ## 2538.42. Any person who violates any of the provisions of this article is guilty of a misdemeanor and, upon conviction thereof, shall be punished by imprisonment in the county jail for not less than 10 days nor more than one year, or by a fine of not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000), or by both such fine and imprisonment. (Added by Stats. 2011, Ch. 449, Sec. 9. (SB 933) Effective January 1, 2012.)
  159. 2538.43.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.3. Speech-Language Pathologists, Audiologists, and Hearing Aid Dispensers [2530 - 2539.14] ( Heading of Chapter 5.3 amended by Stats. 2022, Ch. 415, Sec. 1. ) ## ARTICLE 8. Hearing Aid Dispensers [2538.10 - 2538.57] ( Article 8 added by Stats. 2011, Ch. 449, Sec. 9. )

    Verify source ↗

    It is unlawful to sell, barter, or offer to sell or barter any license issued by the board.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.3. Speech-Language Pathologists, Audiologists, and Hearing Aid Dispensers [2530 - 2539.14] ( Heading of Chapter 5.3 amended by Stats. 2022, Ch. 415, Sec. 1. ) ## ARTICLE 8. Hearing Aid Dispensers [2538.10 - 2538.57] ( Article 8 added by Stats. 2011, Ch. 449, Sec. 9. ) ## 2538.43. It is unlawful to sell or barter, or offer to sell or barter, any license issued by the board. (Added by Stats. 2011, Ch. 449, Sec. 9. (SB 933) Effective January 1, 2012.)
  160. 2538.44.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.3. Speech-Language Pathologists, Audiologists, and Hearing Aid Dispensers [2530 - 2539.14] ( Heading of Chapter 5.3 amended by Stats. 2022, Ch. 415, Sec. 1. ) ## ARTICLE 8. Hearing Aid Dispensers [2538.10 - 2538.57] ( Article 8 added by Stats. 2011, Ch. 449, Sec. 9. )

    Verify source ↗

    It is unlawful to buy or trade for a license issued by the board if the intent is to use that license as proof of qualification to practice fitting or selling hearing aids.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.3. Speech-Language Pathologists, Audiologists, and Hearing Aid Dispensers [2530 - 2539.14] ( Heading of Chapter 5.3 amended by Stats. 2022, Ch. 415, Sec. 1. ) ## ARTICLE 8. Hearing Aid Dispensers [2538.10 - 2538.57] ( Article 8 added by Stats. 2011, Ch. 449, Sec. 9. ) ## 2538.44. It is unlawful to purchase or procure by barter any license issued by the board with intent to use the same as evidence of the holder’s qualification to practice the fitting or selling of hearing aids. (Added by Stats. 2011, Ch. 449, Sec. 9. (SB 933) Effective January 1, 2012.)
  161. 2538.45.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.3. Speech-Language Pathologists, Audiologists, and Hearing Aid Dispensers [2530 - 2539.14] ( Heading of Chapter 5.3 amended by Stats. 2022, Ch. 415, Sec. 1. ) ## ARTICLE 8. Hearing Aid Dispensers [2538.10 - 2538.57] ( Article 8 added by Stats. 2011, Ch. 449, Sec. 9. )

    Verify source ↗

    It is unlawful to alter a board-issued license with fraudulent intent in any material respect.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.3. Speech-Language Pathologists, Audiologists, and Hearing Aid Dispensers [2530 - 2539.14] ( Heading of Chapter 5.3 amended by Stats. 2022, Ch. 415, Sec. 1. ) ## ARTICLE 8. Hearing Aid Dispensers [2538.10 - 2538.57] ( Article 8 added by Stats. 2011, Ch. 449, Sec. 9. ) ## 2538.45. It is unlawful to alter with fraudulent intent in any material regard a license issued by the board. (Added by Stats. 2011, Ch. 449, Sec. 9. (SB 933) Effective January 1, 2012.)
  162. 2538.46.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.3. Speech-Language Pathologists, Audiologists, and Hearing Aid Dispensers [2530 - 2539.14] ( Heading of Chapter 5.3 amended by Stats. 2022, Ch. 415, Sec. 1. ) ## ARTICLE 8. Hearing Aid Dispensers [2538.10 - 2538.57] ( Article 8 added by Stats. 2011, Ch. 449, Sec. 9. )

    Verify source ↗

    It is unlawful to use or try to use a board-issued license as valid if it was purchased, fraudulently issued, counterfeited, or materially altered.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.3. Speech-Language Pathologists, Audiologists, and Hearing Aid Dispensers [2530 - 2539.14] ( Heading of Chapter 5.3 amended by Stats. 2022, Ch. 415, Sec. 1. ) ## ARTICLE 8. Hearing Aid Dispensers [2538.10 - 2538.57] ( Article 8 added by Stats. 2011, Ch. 449, Sec. 9. ) ## 2538.46. It is unlawful to use or attempt to use any license issued by the board that has been purchased, fraudulently issued, counterfeited, or materially altered as a valid license. (Added by Stats. 2011, Ch. 449, Sec. 9. (SB 933) Effective January 1, 2012.)
  163. 2538.47.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.3. Speech-Language Pathologists, Audiologists, and Hearing Aid Dispensers [2530 - 2539.14] ( Heading of Chapter 5.3 amended by Stats. 2022, Ch. 415, Sec. 1. ) ## ARTICLE 8. Hearing Aid Dispensers [2538.10 - 2538.57] ( Article 8 added by Stats. 2011, Ch. 449, Sec. 9. )

    Verify source ↗

    It is unlawful to willfully make a false statement about a material matter in an application for an examination before the board for a license.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.3. Speech-Language Pathologists, Audiologists, and Hearing Aid Dispensers [2530 - 2539.14] ( Heading of Chapter 5.3 amended by Stats. 2022, Ch. 415, Sec. 1. ) ## ARTICLE 8. Hearing Aid Dispensers [2538.10 - 2538.57] ( Article 8 added by Stats. 2011, Ch. 449, Sec. 9. ) ## 2538.47. It is unlawful to willfully make any false statement in a material regard in an application for an examination before the board for a license. (Added by Stats. 2011, Ch. 449, Sec. 9. (SB 933) Effective January 1, 2012.)
  164. 2538.48.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.3. Speech-Language Pathologists, Audiologists, and Hearing Aid Dispensers [2530 - 2539.14] ( Heading of Chapter 5.3 amended by Stats. 2022, Ch. 415, Sec. 1. ) ## ARTICLE 8. Hearing Aid Dispensers [2538.10 - 2538.57] ( Article 8 added by Stats. 2011, Ch. 449, Sec. 9. )

    Verify source ↗

    A person may not fit or sell hearing aids in this state unless they have a valid, unrevoked, and unexpired license or temporary license.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.3. Speech-Language Pathologists, Audiologists, and Hearing Aid Dispensers [2530 - 2539.14] ( Heading of Chapter 5.3 amended by Stats. 2022, Ch. 415, Sec. 1. ) ## ARTICLE 8. Hearing Aid Dispensers [2538.10 - 2538.57] ( Article 8 added by Stats. 2011, Ch. 449, Sec. 9. ) ## 2538.48. It is unlawful to engage in the practice of fitting or selling hearing aids in this state without having at the time of so doing a valid, unrevoked, and unexpired license or temporary license. (Added by Stats. 2011, Ch. 449, Sec. 9. (SB 933) Effective January 1, 2012.)
  165. 2538.49.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.3. Speech-Language Pathologists, Audiologists, and Hearing Aid Dispensers [2530 - 2539.14] ( Heading of Chapter 5.3 amended by Stats. 2022, Ch. 415, Sec. 1. ) ## ARTICLE 8. Hearing Aid Dispensers [2538.10 - 2538.57] ( Article 8 added by Stats. 2011, Ch. 449, Sec. 9. )

    Verify source ↗

    A licensed hearing aid dispenser may not fit or sell a hearing aid unless they first comply with the listed requirements.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.3. Speech-Language Pathologists, Audiologists, and Hearing Aid Dispensers [2530 - 2539.14] ( Heading of Chapter 5.3 amended by Stats. 2022, Ch. 415, Sec. 1. ) ## ARTICLE 8. Hearing Aid Dispensers [2538.10 - 2538.57] ( Article 8 added by Stats. 2011, Ch. 449, Sec. 9. ) ## 2538.49. It is unlawful for a licensed hearing aid dispenser to fit or sell a hearing aid unless they first do all of the following: (a) Comply with all provisions of state laws and regulations relating to the fitting or selling of hearing aids. (b) Conduct a direct observation of the purchaser’s ear canals. (c) Inform the purchaser of the address and office hours at which the licensee shall be available for fitting or postfitting adjustments and servicing of the hearing aid or aids sold. (Amended by Stats. 2023, Ch. 510, Sec. 18. (SB 887) Effective January 1, 2024.)
  166. 2538.5.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.3. Speech-Language Pathologists, Audiologists, and Hearing Aid Dispensers [2530 - 2539.14] ( Heading of Chapter 5.3 amended by Stats. 2022, Ch. 415, Sec. 1. ) ## ARTICLE 7.5. Speech-Language Pathology Assistant [2538 - 2538.7] ( Article 7.5 added by Stats. 1998, Ch. 1058, Sec. 6. )

    Verify source ↗

    This section says the article cannot be read to limit the use of a speech aide or other public-school personnel working under the direct supervision of a credentialed speech-language pathologist.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.3. Speech-Language Pathologists, Audiologists, and Hearing Aid Dispensers [2530 - 2539.14] ( Heading of Chapter 5.3 amended by Stats. 2022, Ch. 415, Sec. 1. ) ## ARTICLE 7.5. Speech-Language Pathology Assistant [2538 - 2538.7] ( Article 7.5 added by Stats. 1998, Ch. 1058, Sec. 6. ) ## 2538.5. This article shall not be construed to limit the utilization of a speech aide or other personnel employed by a public school working under the direct supervision of a credentialed speech-language pathologist as set forth in subdivision (c) of Section 3051.1 of Title 5 of the California Code of Regulations. (Added by Stats. 1998, Ch. 1058, Sec. 6. Effective January 1, 1999.)
  167. 2538.50.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.3. Speech-Language Pathologists, Audiologists, and Hearing Aid Dispensers [2530 - 2539.14] ( Heading of Chapter 5.3 amended by Stats. 2022, Ch. 415, Sec. 1. ) ## ARTICLE 8. Hearing Aid Dispensers [2538.10 - 2538.57] ( Article 8 added by Stats. 2011, Ch. 449, Sec. 9. )

    Verify source ↗

    A person fitting or selling hearing aids must not advertise or hold themselves out as doing so unless they have a valid, unrevoked license or temporary license.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.3. Speech-Language Pathologists, Audiologists, and Hearing Aid Dispensers [2530 - 2539.14] ( Heading of Chapter 5.3 amended by Stats. 2022, Ch. 415, Sec. 1. ) ## ARTICLE 8. Hearing Aid Dispensers [2538.10 - 2538.57] ( Article 8 added by Stats. 2011, Ch. 449, Sec. 9. ) ## 2538.50. It is unlawful to advertise by displaying a sign or otherwise or hold themselves out to be a person engaged in the practice of fitting or selling hearing aids without having at the time of so doing a valid, unrevoked license or temporary license. (Amended by Stats. 2023, Ch. 510, Sec. 19. (SB 887) Effective January 1, 2024.)
  168. 2538.51.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.3. Speech-Language Pathologists, Audiologists, and Hearing Aid Dispensers [2530 - 2539.14] ( Heading of Chapter 5.3 amended by Stats. 2022, Ch. 415, Sec. 1. ) ## ARTICLE 8. Hearing Aid Dispensers [2538.10 - 2538.57] ( Article 8 added by Stats. 2011, Ch. 449, Sec. 9. )

    Verify source ↗

    A licensee may not fit or sell hearing aids unless they maintain an established business address that is routinely open for client service.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.3. Speech-Language Pathologists, Audiologists, and Hearing Aid Dispensers [2530 - 2539.14] ( Heading of Chapter 5.3 amended by Stats. 2022, Ch. 415, Sec. 1. ) ## ARTICLE 8. Hearing Aid Dispensers [2538.10 - 2538.57] ( Article 8 added by Stats. 2011, Ch. 449, Sec. 9. ) ## 2538.51. It is unlawful to engage in the practice of fitting or selling hearing aids without the licensee having and maintaining an established business address, routinely open for service to their clients. (Amended by Stats. 2023, Ch. 510, Sec. 20. (SB 887) Effective January 1, 2024.)
  169. 2538.52.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.3. Speech-Language Pathologists, Audiologists, and Hearing Aid Dispensers [2530 - 2539.14] ( Heading of Chapter 5.3 amended by Stats. 2022, Ch. 415, Sec. 1. ) ## ARTICLE 8. Hearing Aid Dispensers [2538.10 - 2538.57] ( Article 8 added by Stats. 2011, Ch. 449, Sec. 9. )

    Verify source ↗

    This section says the article applies when licensed persons conduct tests in connection with fitting and selling hearing aids.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.3. Speech-Language Pathologists, Audiologists, and Hearing Aid Dispensers [2530 - 2539.14] ( Heading of Chapter 5.3 amended by Stats. 2022, Ch. 415, Sec. 1. ) ## ARTICLE 8. Hearing Aid Dispensers [2538.10 - 2538.57] ( Article 8 added by Stats. 2011, Ch. 449, Sec. 9. ) ## 2538.52. When tests are conducted by persons licensed under this article in connection with the fitting and selling of hearing aids, the provisions of this article shall apply. (Added by Stats. 2011, Ch. 449, Sec. 9. (SB 933) Effective January 1, 2012.)
  170. 2538.53.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.3. Speech-Language Pathologists, Audiologists, and Hearing Aid Dispensers [2530 - 2539.14] ( Heading of Chapter 5.3 amended by Stats. 2022, Ch. 415, Sec. 1. ) ## ARTICLE 8. Hearing Aid Dispensers [2538.10 - 2538.57] ( Article 8 added by Stats. 2011, Ch. 449, Sec. 9. )

    Verify source ↗

    Hearing aid dispenser licenses expire on the assigned renewal date, and licensees must renew on time with the board’s form and prescribed fee.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.3. Speech-Language Pathologists, Audiologists, and Hearing Aid Dispensers [2530 - 2539.14] ( Heading of Chapter 5.3 amended by Stats. 2022, Ch. 415, Sec. 1. ) ## ARTICLE 8. Hearing Aid Dispensers [2538.10 - 2538.57] ( Article 8 added by Stats. 2011, Ch. 449, Sec. 9. ) ## 2538.53. (a) A license issued under this article expires at midnight on its assigned renewal date. (b) To renew an unexpired license, the licensee shall, on or before the date of expiration of the license, apply for renewal on a form provided by the board, accompanied by the prescribed renewal fee. (c) Temporary license holders shall renew their licenses in accordance with Section 2538.27, and apply for that renewal on a form provided by the board, accompanied by the prescribed renewal fee for temporary licenses. (d) Each duplicate license issued for a branch office shall expire on the same date as the permanent license of the hearing aid dispenser to whom the duplicate license was issued. These duplicate licenses shall be renewed according to subdivision (b). (Added by Stats. 2011, Ch. 449, Sec. 9. (SB 933) Effective January 1, 2012.)
  171. 2538.54.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.3. Speech-Language Pathologists, Audiologists, and Hearing Aid Dispensers [2530 - 2539.14] ( Heading of Chapter 5.3 amended by Stats. 2022, Ch. 415, Sec. 1. ) ## ARTICLE 8. Hearing Aid Dispensers [2538.10 - 2538.57] ( Article 8 added by Stats. 2011, Ch. 449, Sec. 9. )

    Verify source ↗

    An expired license may be renewed within 3 years if the renewal application is filed on the board’s form and all renewal fees are paid; if renewed after expiration, the delinquency fee must also be paid.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.3. Speech-Language Pathologists, Audiologists, and Hearing Aid Dispensers [2530 - 2539.14] ( Heading of Chapter 5.3 amended by Stats. 2022, Ch. 415, Sec. 1. ) ## ARTICLE 8. Hearing Aid Dispensers [2538.10 - 2538.57] ( Article 8 added by Stats. 2011, Ch. 449, Sec. 9. ) ## 2538.54. Except as otherwise provided in this article, an expired license may be renewed at any time within three years after its expiration on filing of an application for renewal on a form prescribed by the board, and payment of all accrued and unpaid renewal fees. If the license is renewed after its expiration the licensee, as a condition precedent to renewal, shall also pay the delinquency fee prescribed by this article. Renewal under this section shall be effective on the date on which the application is filed, on the date on which the renewal fee is paid, or on the date on which the delinquency fee, if any, is paid, whichever last occurs. If so renewed, the license shall continue in effect through the date provided in Section 2538.53 which next occurs after the effective date of the renewal, when it shall expire if it is not again renewed. (Added by Stats. 2011, Ch. 449, Sec. 9. (SB 933) Effective January 1, 2012.)
  172. 2538.55.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.3. Speech-Language Pathologists, Audiologists, and Hearing Aid Dispensers [2530 - 2539.14] ( Heading of Chapter 5.3 amended by Stats. 2022, Ch. 415, Sec. 1. ) ## ARTICLE 8. Hearing Aid Dispensers [2538.10 - 2538.57] ( Article 8 added by Stats. 2011, Ch. 449, Sec. 9. )

    Verify source ↗

    A suspended license can expire and be renewed, but the holder may not use it to fit or sell hearing aids while it remains suspended; a revoked license may not be renewed.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.3. Speech-Language Pathologists, Audiologists, and Hearing Aid Dispensers [2530 - 2539.14] ( Heading of Chapter 5.3 amended by Stats. 2022, Ch. 415, Sec. 1. ) ## ARTICLE 8. Hearing Aid Dispensers [2538.10 - 2538.57] ( Article 8 added by Stats. 2011, Ch. 449, Sec. 9. ) ## 2538.55. A license which has been suspended is subject to expiration and shall be renewed as provided in this article but such renewal does not entitle the holder of the license, while it remains suspended and until it is reinstated, to engage in the fitting or selling of hearing aids, or in any other activity or conduct in violation of the order or judgment by which the license was suspended. A license which has been revoked is subject to expiration, but it may not be renewed. If it is reinstated after its expiration, the licensee, as a condition precedent to its reinstatement, shall pay a reinstatement fee in an amount equal to the renewal fee in effect on the last regular renewal date before the date on which it is reinstated, plus the delinquency fee, if any, accrued at the time of its revocation. (Added by Stats. 2011, Ch. 449, Sec. 9. (SB 933) Effective January 1, 2012.)
  173. 2538.56.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.3. Speech-Language Pathologists, Audiologists, and Hearing Aid Dispensers [2530 - 2539.14] ( Heading of Chapter 5.3 amended by Stats. 2022, Ch. 415, Sec. 1. ) ## ARTICLE 8. Hearing Aid Dispensers [2538.10 - 2538.57] ( Article 8 added by Stats. 2011, Ch. 449, Sec. 9. )

    Verify source ↗

    An expired license cannot be renewed after three years, but the holder may get a new license 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 5.3. Speech-Language Pathologists, Audiologists, and Hearing Aid Dispensers [2530 - 2539.14] ( Heading of Chapter 5.3 amended by Stats. 2022, Ch. 415, Sec. 1. ) ## ARTICLE 8. Hearing Aid Dispensers [2538.10 - 2538.57] ( Article 8 added by Stats. 2011, Ch. 449, Sec. 9. ) ## 2538.56. A license that is not renewed within three years after its expiration may not be renewed, restored, reissued, or reinstated thereafter, but the holder of the expired license may apply for and obtain a new license if all of the following apply: (a) They have not committed acts or crimes constituting grounds for denial of licensure under Section 480. (b) They pay all of the fees that would be required if they were applying for a license for the first time. (c) They take and pass the examination that would be required if they were applying for a license for the first time, or otherwise establish to the satisfaction of the board that they are qualified to engage in the practice of fitting or selling hearing aids. The board may, by regulation, provide for the waiver or refund of all or any part of the application fee in those cases in which a license is issued without an examination under this section. (Amended by Stats. 2023, Ch. 510, Sec. 21. (SB 887) Effective January 1, 2024.)
  174. 2538.57.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.3. Speech-Language Pathologists, Audiologists, and Hearing Aid Dispensers [2530 - 2539.14] ( Heading of Chapter 5.3 amended by Stats. 2022, Ch. 415, Sec. 1. ) ## ARTICLE 8. Hearing Aid Dispensers [2538.10 - 2538.57] ( Article 8 added by Stats. 2011, Ch. 449, Sec. 9. )

    Verify source ↗

    This section sets the fees for hearing aid dispenser licenses, examinations, renewals, and related services, unless the board sets a lower fee.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.3. Speech-Language Pathologists, Audiologists, and Hearing Aid Dispensers [2530 - 2539.14] ( Heading of Chapter 5.3 amended by Stats. 2022, Ch. 415, Sec. 1. ) ## ARTICLE 8. Hearing Aid Dispensers [2538.10 - 2538.57] ( Article 8 added by Stats. 2011, Ch. 449, Sec. 9. ) ## 2538.57. The amount of fees and penalties prescribed by this article shall be those set forth in this section unless a lower fee is fixed by the board: (a) The fee for applicants applying for the first time for a license is seventy-five dollars ($75), which shall not be refunded, except to applicants who are found to be ineligible to take an examination for a license. Those applicants are entitled to a refund of fifty dollars ($50). (b) The fees for taking or retaking the written and practical examinations shall be amounts fixed by the board, which shall be equal to the actual cost of preparing, grading, analyzing, and administering the examinations. (c) The initial temporary license fee is one hundred dollars ($100). The fee for renewal of a temporary license is one hundred dollars ($100) for each renewal. (d) The initial permanent license fee is two hundred eighty dollars ($280). The fee for renewal of a permanent license is not more than two hundred eighty dollars ($280) for each renewal. (e) The initial branch office license fee is twenty-five dollars ($25). The fee for renewal of a branch office license is twenty-five dollars ($25) for each renewal. (f) The delinquency fee is twenty-five dollars ($25). (g) The fee for issuance of a replacement license is twenty-five dollars ($25). (h) The continuing education course approval application fee is fifty dollars ($50). (i) The fee for official certification of licensure is fifteen dollars ($15). (Added by Stats. 2011, Ch. 449, Sec. 9. (SB 933) Effective January 1, 2012.)
  175. 2538.7.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.3. Speech-Language Pathologists, Audiologists, and Hearing Aid Dispensers [2530 - 2539.14] ( Heading of Chapter 5.3 amended by Stats. 2022, Ch. 415, Sec. 1. ) ## ARTICLE 7.5. Speech-Language Pathology Assistant [2538 - 2538.7] ( Article 7.5 added by Stats. 1998, Ch. 1058, Sec. 6. )

    Verify source ↗

    Unregistered persons may not use the speech-language pathology assistant title or do speech-language pathology assistant work, except as allowed by this chapter.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.3. Speech-Language Pathologists, Audiologists, and Hearing Aid Dispensers [2530 - 2539.14] ( Heading of Chapter 5.3 amended by Stats. 2022, Ch. 415, Sec. 1. ) ## ARTICLE 7.5. Speech-Language Pathology Assistant [2538 - 2538.7] ( Article 7.5 added by Stats. 1998, Ch. 1058, Sec. 6. ) ## 2538.7. (a) No person who is not registered as a speech-language pathology assistant shall utilize the title speech-language pathology assistant or a similar title that includes the words speech or language when combined with the term assistant. (b) No person who is not registered as a speech-language pathology assistant shall perform the duties or functions of a speech-language pathology assistant, except as provided by this chapter. (Added by Stats. 1998, Ch. 1058, Sec. 6. Effective January 1, 1999.)
  176. 2539.1.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.3. Speech-Language Pathologists, Audiologists, and Hearing Aid Dispensers [2530 - 2539.14] ( Heading of Chapter 5.3 amended by Stats. 2022, Ch. 415, Sec. 1. ) ## ARTICLE 9. Dispensing Audiologists [2539.1 - 2539.14] ( Heading of Article 9 amended by Stats. 2011, Ch. 449, Sec. 10. )

    Verify source ↗

    Licensed audiologists may sell hearing aids only after meeting the application, fee, and exam requirements; the board must issue a dispensing audiology license to those who qualify.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.3. Speech-Language Pathologists, Audiologists, and Hearing Aid Dispensers [2530 - 2539.14] ( Heading of Chapter 5.3 amended by Stats. 2022, Ch. 415, Sec. 1. ) ## ARTICLE 9. Dispensing Audiologists [2539.1 - 2539.14] ( Heading of Article 9 amended by Stats. 2011, Ch. 449, Sec. 10. ) ## 2539.1. (a) (1) On and after January 1, 2010, in addition to satisfying the licensure and examination requirements described in Sections 2532, 2532.2, and 2532.25, no licensed audiologist shall sell hearing aids unless they complete an application for a dispensing audiology license, pay all applicable fees, and pass an examination, approved by the board, relating to selling hearing aids. (2) The board shall issue a dispensing audiology license to a licensed audiologist who meets the requirements of paragraph (1). (b) (1) On and after January 1, 2010, a licensed audiologist with an unexpired license to sell hearing aids pursuant to Article 8 (commencing with Section 2538.10) may continue to sell hearing aids pursuant to that license until that license expires pursuant to Section 2538.53, and upon that expiration the licensee shall be deemed to have satisfied the requirements described in subdivision (a) and may continue to sell hearing aids pursuant to their audiology license subject to this chapter. Upon the expiration of the audiologist’s license to sell hearing aids, the board shall issue them a dispensing audiology license pursuant to paragraph (2) of subdivision (a). This paragraph shall not prevent an audiologist who also has a hearing aid dispenser license from maintaining dual or separate licenses if they choose to do so. (2) A licensed audiologist whose license to sell hearing aids, issued pursuant to Article 8 (commencing with Section 2538.10), is suspended, surrendered, or revoked shall not be authorized to sell hearing aids pursuant to this subdivision and they shall be subject to the requirements described in subdivision (a) and the other provisions of this chapter. (c) A licensed hearing aid dispenser who meets the qualifications for licensure as an audiologist shall be deemed to have satisfied the requirements of paragraph (1) of subdivision (a) for the purposes of obtaining a dispensing audiology license. (d) For purposes of subdivision (a), the board shall provide the hearing aid dispenser examination provided by the former Hearing Aid Dispensers Bureau until the next examination validation and occupational analysis is completed by the Department of Consumer Affairs pursuant to Section 139 and a determination is made that a different examination is to be administered. (Amended by Stats. 2024, Ch. 497, Sec. 13. (SB 1526) Effective January 1, 2025.)
  177. 2539.10.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.3. Speech-Language Pathologists, Audiologists, and Hearing Aid Dispensers [2530 - 2539.14] ( Heading of Chapter 5.3 amended by Stats. 2022, Ch. 415, Sec. 1. ) ## ARTICLE 9. Dispensing Audiologists [2539.1 - 2539.14] ( Heading of Article 9 amended by Stats. 2011, Ch. 449, Sec. 10. )

    Verify source ↗

    A licensed dispensing audiologist must keep and maintain sale records for hearing aids in the audiologist’s office or place of business, and keep each record for seven years.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.3. Speech-Language Pathologists, Audiologists, and Hearing Aid Dispensers [2530 - 2539.14] ( Heading of Chapter 5.3 amended by Stats. 2022, Ch. 415, Sec. 1. ) ## ARTICLE 9. Dispensing Audiologists [2539.1 - 2539.14] ( Heading of Article 9 amended by Stats. 2011, Ch. 449, Sec. 10. ) ## 2539.10. A licensed dispensing audiologist shall, upon the consummation of a sale of a hearing aid, keep and maintain records in the licensed dispensing audiologist’s office or place of business at all times and each such record shall be kept and maintained for a seven-year period. These records shall include: (a) Results of test techniques as they pertain to fitting of the hearing aid. (b) A copy of the written notice and the written receipt required by Section 2539.4 and the written recommendation and receipt required by Section 2539.6, when applicable. (Amended by Stats. 2021, Ch. 266, Sec. 4. (AB 435) Effective January 1, 2022.)
  178. 2539.12.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.3. Speech-Language Pathologists, Audiologists, and Hearing Aid Dispensers [2530 - 2539.14] ( Heading of Chapter 5.3 amended by Stats. 2022, Ch. 415, Sec. 1. ) ## ARTICLE 9. Dispensing Audiologists [2539.1 - 2539.14] ( Heading of Article 9 amended by Stats. 2011, Ch. 449, Sec. 10. )

    Verify source ↗

    A licensed audiologist who owns, manages, or franchises a hearing-aid fitting or sales location is responsible for the adequacy of fitting or selling hearing aids there.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.3. Speech-Language Pathologists, Audiologists, and Hearing Aid Dispensers [2530 - 2539.14] ( Heading of Chapter 5.3 amended by Stats. 2022, Ch. 415, Sec. 1. ) ## ARTICLE 9. Dispensing Audiologists [2539.1 - 2539.14] ( Heading of Article 9 amended by Stats. 2011, Ch. 449, Sec. 10. ) ## 2539.12. A licensed audiologist who is the owner, manager, or franchisee at a location where hearing aids are fit or sold, shall be responsible for the adequacy of the fitting or selling of any hearing aid fit and sold by any licensee or licensees at that location. (Added by Stats. 2009, Ch. 309, Sec. 12. (AB 1535) Effective January 1, 2010.)
  179. 2539.14.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.3. Speech-Language Pathologists, Audiologists, and Hearing Aid Dispensers [2530 - 2539.14] ( Heading of Chapter 5.3 amended by Stats. 2022, Ch. 415, Sec. 1. ) ## ARTICLE 9. Dispensing Audiologists [2539.1 - 2539.14] ( Heading of Article 9 amended by Stats. 2011, Ch. 449, Sec. 10. )

    Verify source ↗

    A licensed audiologist who meets Section 2539.1 requirements is exempt from the listed provisions.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.3. Speech-Language Pathologists, Audiologists, and Hearing Aid Dispensers [2530 - 2539.14] ( Heading of Chapter 5.3 amended by Stats. 2022, Ch. 415, Sec. 1. ) ## ARTICLE 9. Dispensing Audiologists [2539.1 - 2539.14] ( Heading of Article 9 amended by Stats. 2011, Ch. 449, Sec. 10. ) ## 2539.14. The provisions of subdivisions (b) and (c) of Section 2538.11 and the provisions of Section 2538.12 do not apply to a licensed audiologist who satisfies the requirements of Section 2539.1. (Amended by Stats. 2011, Ch. 449, Sec. 12. (SB 933) Effective January 1, 2012.)
  180. 2539.2.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.3. Speech-Language Pathologists, Audiologists, and Hearing Aid Dispensers [2530 - 2539.14] ( Heading of Chapter 5.3 amended by Stats. 2022, Ch. 415, Sec. 1. ) ## ARTICLE 9. Dispensing Audiologists [2539.1 - 2539.14] ( Heading of Article 9 amended by Stats. 2011, Ch. 449, Sec. 10. )

    Verify source ↗

    Hearing aids may be sold by catalog or direct mail only if the seller meets listed licensing, no-fitting/no-advice, and signed-verification requirements, and the seller must keep a copy of that statement for the period in Section 2539.10.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.3. Speech-Language Pathologists, Audiologists, and Hearing Aid Dispensers [2530 - 2539.14] ( Heading of Chapter 5.3 amended by Stats. 2022, Ch. 415, Sec. 1. ) ## ARTICLE 9. Dispensing Audiologists [2539.1 - 2539.14] ( Heading of Article 9 amended by Stats. 2011, Ch. 449, Sec. 10. ) ## 2539.2. (a) Hearing aids may be sold by catalog or direct mail provided that: (1) The seller is licensed as an audiologist in this state and is authorized to sell hearing aids pursuant to Section 2539.1. (2) There is no fitting, selection, or adaptation of the instrument and no advice is given with respect to fitting, selection, or adaptation of the instrument and no advice is given with respect to the taking of an ear impression for an earmold by the seller. (3) The seller has received a statement which is signed by a physician and surgeon, audiologist, or a hearing aid dispenser, licensed by the State of California which verifies that Section 2539.6 has been complied with. (b) A copy of the statement referred to in paragraph (3) of subdivision (a) shall be retained by the seller for the period provided for in Section 2539.10. (Added by Stats. 2009, Ch. 309, Sec. 12. (AB 1535) Effective January 1, 2010.)
  181. 2539.4.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.3. Speech-Language Pathologists, Audiologists, and Hearing Aid Dispensers [2530 - 2539.14] ( Heading of Chapter 5.3 amended by Stats. 2022, Ch. 415, Sec. 1. ) ## ARTICLE 9. Dispensing Audiologists [2539.1 - 2539.14] ( Heading of Article 9 amended by Stats. 2011, Ch. 449, Sec. 10. )

    Verify source ↗

    A licensed dispensing audiologist must give the purchaser a written pre-sale notice for certain hearing aids, get the purchaser’s signature on it, keep a copy, and give a signed receipt at the sale.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.3. Speech-Language Pathologists, Audiologists, and Hearing Aid Dispensers [2530 - 2539.14] ( Heading of Chapter 5.3 amended by Stats. 2022, Ch. 415, Sec. 1. ) ## ARTICLE 9. Dispensing Audiologists [2539.1 - 2539.14] ( Heading of Article 9 amended by Stats. 2011, Ch. 449, Sec. 10. ) ## 2539.4. (a) To the extent not inconsistent with federal law, a licensed dispensing audiologist shall, before the consummation of a sale of a hearing aid that uses proprietary programming software or locked, nonproprietary programming software, provide the purchaser with a written notice in 12-point type or larger that states the following: “The hearing aid being purchased uses proprietary or locked programming software and can only be serviced or programmed at specific facilities or locations.” The written notice shall be signed by the purchaser before the sale. The licensed dispensing audiologist shall keep and maintain a copy of the notice in accordance with Section 2539.10. (1) For purposes of this subdivision, the following definitions apply: (A) “Proprietary programming software” means software used to program hearing aids that is supplied by a hearing aid distributor or manufacturer for the exclusive use by affiliated providers. This software is locked and inaccessible to nonaffiliated providers. (B) “Locked, nonproprietary programming software” means software that any provider can render inaccessible to other hearing aid programmers. (b) A licensed dispensing audiologist shall, upon the consummation of a sale of a hearing aid, deliver to the purchaser a written receipt, signed by or on behalf of the licensed dispensing audiologist, containing all of the following: (1) The date of consummation of the sale. (2) Specifications as to the make, serial number, and model number of the hearing aid or aids sold. (3) The address of the principal place of business of the licensed dispensing audiologist, and the address and office hours at which the licensed dispensing audiologist shall be available for fitting or postfitting adjustments and servicing of the hearing aid or aids sold. (4) A statement to the effect that the aid or aids delivered to the purchaser are used or reconditioned, as the case may be, if that is the fact. (5) The number of the licensed dispensing audiologist’s license and the name and license number of any other hearing aid dispenser, temporary licensee, or audiologist who provided any recommendation or consultation regarding the purchase of the hearing aid. (6) The terms of any guarantee or written warranty, required by Section 1793.02 of the Civil Code, made to the purchaser with respect to the hearing aid or hearing aids. (Amended by Stats. 2021, Ch. 266, Sec. 3. (AB 435) Effective January 1, 2022.)
  182. 2539.6.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.3. Speech-Language Pathologists, Audiologists, and Hearing Aid Dispensers [2530 - 2539.14] ( Heading of Chapter 5.3 amended by Stats. 2022, Ch. 415, Sec. 1. ) ## ARTICLE 9. Dispensing Audiologists [2539.1 - 2539.14] ( Heading of Article 9 amended by Stats. 2011, Ch. 449, Sec. 10. )

    Verify source ↗

    A licensed audiologist must give a written referral to a physician before fitting or selling a hearing aid when specified ear-related conditions are present, unless the case is only a replacement hearing aid lost or damaged beyond repair within one year of purchase.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.3. Speech-Language Pathologists, Audiologists, and Hearing Aid Dispensers [2530 - 2539.14] ( Heading of Chapter 5.3 amended by Stats. 2022, Ch. 415, Sec. 1. ) ## ARTICLE 9. Dispensing Audiologists [2539.1 - 2539.14] ( Heading of Article 9 amended by Stats. 2011, Ch. 449, Sec. 10. ) ## 2539.6. (a) Whenever any of the following conditions are found to exist either from observations by the licensed audiologist or on the basis of information furnished by the prospective hearing aid user, a licensed audiologist shall, prior to fitting or selling a hearing aid to any individual, suggest to that individual in writing that the individual’s best interests would be served if they consult a licensed physician and surgeon specializing in diseases of the ear or, if none are available in the community, a duly licensed physician and surgeon: (1) Visible congenital or traumatic deformity of the ear. (2) History of, or active, drainage from the ear within the previous 90 days. (3) History of sudden or rapidly progressive hearing loss within the previous 90 days. (4) Acute or chronic dizziness. (5) Unilateral hearing loss of sudden or recent onset within the previous 90 days. (6) Significant air-bone gap (when generally acceptable standards have been established). (7) Visible evidence of significant cerumen accumulation or a foreign body in the ear canal. (8) Pain or discomfort in the ear. (b) No referral for medical opinion need be made by any licensed audiologist in the instance of replacement only of a hearing aid that has been lost or damaged beyond repair within one year of the date of purchase. A copy of the written recommendation shall be retained by the licensed audiologist for the period provided for in Section 2539.10. A person receiving the written recommendation who elects to purchase a hearing aid shall sign a receipt for the same, and the receipt shall be kept with the other papers retained by the licensed audiologist for the period provided for in Section 2539.10. Nothing in this section required to be performed by a licensed audiologist shall mean that the licensed audiologist is engaged in the diagnosis of illness or the practice of medicine or any other activity prohibited by the provisions of this code. (Amended by Stats. 2023, Ch. 510, Sec. 23. (SB 887) Effective January 1, 2024.)
  183. 2539.8.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.3. Speech-Language Pathologists, Audiologists, and Hearing Aid Dispensers [2530 - 2539.14] ( Heading of Chapter 5.3 amended by Stats. 2022, Ch. 415, Sec. 1. ) ## ARTICLE 9. Dispensing Audiologists [2539.1 - 2539.14] ( Heading of Article 9 amended by Stats. 2011, Ch. 449, Sec. 10. )

    Verify source ↗

    An audiologist licensed under this chapter may not sell a hearing aid to someone 16 or younger unless the required hearing-aid recommendations were made within the prior six months.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.3. Speech-Language Pathologists, Audiologists, and Hearing Aid Dispensers [2530 - 2539.14] ( Heading of Chapter 5.3 amended by Stats. 2022, Ch. 415, Sec. 1. ) ## ARTICLE 9. Dispensing Audiologists [2539.1 - 2539.14] ( Heading of Article 9 amended by Stats. 2011, Ch. 449, Sec. 10. ) ## 2539.8. No hearing aid shall be sold by an individual licensed as an audiologist under this chapter to a person 16 years of age or younger, unless within the preceding six months a recommendation for a hearing aid has been made by both a board-certified, or a board-eligible physician specializing in otolaryngology, and by a state licensed audiologist. A replacement of an identical hearing aid within one year shall be an exception to this requirement. (Added by Stats. 2009, Ch. 309, Sec. 12. (AB 1535) Effective January 1, 2010.)
  184. 2540.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.4. Prescription Lenses and Ophthalmic and Optometric Assistants [2540 - 2545] ( Heading of Chapter 5.4 amended by Stats. 2021, Ch. 652, Sec. 1. )

    Verify source ↗

    Only a physician and surgeon or optometrist may measure human vision or prescribe ophthalmic devices.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.4. Prescription Lenses and Ophthalmic and Optometric Assistants [2540 - 2545] ( Heading of Chapter 5.4 amended by Stats. 2021, Ch. 652, Sec. 1. ) ## 2540. No person other than a physician and surgeon or optometrist may measure the powers or range of human vision or determine the accommodative and refractive status of the human eye or the scope of its functions in general or prescribe ophthalmic devices. (Amended by Stats. 2006, Ch. 148, Sec. 2. Effective January 1, 2007.)
  185. 2541.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.4. Prescription Lenses and Ophthalmic and Optometric Assistants [2540 - 2545] ( Heading of Chapter 5.4 amended by Stats. 2021, Ch. 652, Sec. 1. )

    Verify source ↗

    This section defines “prescription ophthalmic device” to include certain spectacle or contact lenses, certain federally described contact lenses, and plano contact lenses marketed or sold in California.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.4. Prescription Lenses and Ophthalmic and Optometric Assistants [2540 - 2545] ( Heading of Chapter 5.4 amended by Stats. 2021, Ch. 652, Sec. 1. ) ## 2541. A prescription ophthalmic device includes each of the following: (a) Any spectacle or contact lens ordered by a physician and surgeon or optometrist, that alters or changes the visual powers of the human eye. (b) Any contact lens described in paragraph (1) of subdivision (n) of Section 520 of the federal Food, Drug, and Cosmetic Act (21 U.S.C. Sec. 360j and following). (c) Any plano contact lens that is marketed or offered for sale in this state. “Plano contact lens” means a zero-power or noncorrective contact lens intended to change the appearance of the normal eye in a decorative fashion. (Amended by Stats. 2006, Ch. 148, Sec. 3. Effective January 1, 2007.)
  186. 2541.1.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.4. Prescription Lenses and Ophthalmic and Optometric Assistants [2540 - 2545] ( Heading of Chapter 5.4 amended by Stats. 2021, Ch. 652, Sec. 1. )

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    A spectacle lens prescription must include specified information, and its expiration date must generally be between two and four years from issuance.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.4. Prescription Lenses and Ophthalmic and Optometric Assistants [2540 - 2545] ( Heading of Chapter 5.4 amended by Stats. 2021, Ch. 652, Sec. 1. ) ## 2541.1. (a) A spectacle lens prescription shall include all of the following: (1) The dioptric power of the lens. When the prescription needed by the patient has not changed since the previous examination, the prescriber may write on the prescription form “copy lenses currently worn” instead. (2) The expiration date of the prescription. (3) The date of the issuance of the prescription. (4) The name, address, telephone number, prescriber’s license number, and signature of the prescribing optometrist or physician and surgeon. (5) The name of the person to whom the prescription is issued. (b) The expiration date of a spectacle lens prescription shall not be less than two years and shall not exceed four years from the date of issuance unless the patient’s history or current circumstances establish a reasonable probability of changes in the patient’s vision of sufficient magnitude to necessitate reexamination earlier than two years, or presence or probability of visual abnormalities related to ocular or systemic disease indicates, the need for reexamination of the patient earlier than two years. In no circumstances shall the expiration date be shorter than the period of time recommended by the prescriber for reexamination of the patient. Establishing an expiration date that is not consistent with this section shall be regarded as unprofessional conduct by the board that issued the prescriber’s certificate to practice. (c) The prescriber of a spectacle lens shall orally inform the patient of the expiration date of a spectacle lens prescription at the time the prescription is issued. The expiration date of a prescription may be extended by the prescriber and transmitted by telephone, electronic mail, or any other means of communication. An oral prescription for a spectacle lens shall be reduced to writing and a copy of that writing shall be sent to the prescriber prior to the delivery of the lenses to the person to whom the prescription is issued. (d) A prescriber of a spectacle lens shall abide by the rules pertaining to spectacle lens prescriptions and eye examinations adopted by the Federal Trade Commission found in Part 456 of Title 16 of the Code of Federal Regulations. (e) An expired prescription may be filled if all of the following conditions exist: (1) The patient’s spectacles are lost, broken, or damaged to a degree that renders them unusable. (2) Upon dispensing a prescription pursuant to this subdivision, the person dispensing shall recommend that the patient return to the optometrist or physician and surgeon who issued the prescription for an eye examination and provide the prescriber with a written notification of the prescription that was filled. (Amended by Stats. 2021, Ch. 630, Sec. 17. (AB 1534) Effective January 1, 2022.)
  187. 2541.2.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.4. Prescription Lenses and Ophthalmic and Optometric Assistants [2540 - 2545] ( Heading of Chapter 5.4 amended by Stats. 2021, Ch. 652, Sec. 1. )

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    This section sets rules for contact lens prescriptions, including expiration periods, disclosure to patients, limits on fees and purchase conditions, and bans on liability waivers.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.4. Prescription Lenses and Ophthalmic and Optometric Assistants [2540 - 2545] ( Heading of Chapter 5.4 amended by Stats. 2021, Ch. 652, Sec. 1. ) ## 2541.2. (a) (1) The expiration date of a contact lens prescription shall not be less than one year and shall not exceed two years from the date of issuance, unless the patient’s history or current circumstances establish a reasonable probability of changes in the patient’s vision of sufficient magnitude to necessitate reexamination earlier than one year, or the presence or probability of visual abnormalities related to ocular or systemic disease indicate the need for reexamination of the patient earlier than one year. If the expiration date of a prescription is less than one year, the health-related reasons for the limitation shall be documented in the patient’s medical record. In no circumstances shall the prescription expiration date be less than the period of time recommended by the prescriber for reexamination of the patient. (2) For the purposes of this subdivision, the date of issuance is the date the patient receives a copy of the prescription. (3) Establishing an expiration date that is not consistent with this section shall be regarded as unprofessional conduct by the board that issued the prescriber’s license to practice. (b) Upon completion of the eye examination or, if applicable, the contact lens fitting process for a patient as described in subdivision (e), a prescriber or a registered dispensing optician shall provide the patient with a copy of the patient’s contact lens prescription signed by the prescriber. A prescriber of a contact lens shall abide by the rules pertaining to contact lens prescriptions and eye examinations adopted by the Federal Trade Commission pursuant to Part 315 of Title 16 of the Code of Federal Regulations. (c) If a patient places an order with a contact lens seller other than a physician and surgeon, an optometrist, or a registered dispensing optician, the prescriber or the prescriber’s authorized agent shall, upon request of the contact lens seller and in the absence of the actual prescription, attempt to promptly confirm the information contained in the prescription through direct communication with the contact lens seller. (d) The contact lens prescription shall include sufficient information for the complete and accurate filling of a prescription, including, but not limited to, the power, the material or manufacturer or both, the base curve or appropriate designation, the diameter when appropriate, and an appropriate expiration date. When a provider prescribes a private label contact lens for a patient, the prescription shall include the name of the manufacturer, the trade name of the private label brand, and, if applicable, the trade name of the equivalent national brand. (e) The contact lens fitting process begins after the initial comprehensive eye examination, and includes an examination to determine the lens specifications, an initial evaluation of the fit of the lens on the patient’s eye, except in the case of a renewal prescription of an established patient, and followup examinations that are medically necessary, and ends when the prescriber or registered dispensing optician determines that an appropriate fit has been achieved, or in the case of a prescription renewal for an established patient, the prescriber determines that there is no change in the prescription. (f) The payment of professional fees for the eye exam, fitting, and evaluation may be required prior to the release of the prescription, but only if the prescriber would have required immediate payment from the patient had the examination revealed that no ophthalmic devices were required. A prescriber or registered dispensing optician shall not charge the patient any fee as a condition to releasing the prescription to the patient. A prescriber may charge an additional fee for verifying ophthalmic devices dispensed by another seller if the additional fee is imposed at the time the verification is performed. (g) A prescriber shall not condition the availability of an eye examination, a contact lens fitting, or the release of a contact lens prescription on a requirement that the patient agree to purchase contact lenses from that prescriber. A registered dispensing optician shall not condition the availability of a contact lens fitting on a requirement that the patient agrees to purchase contact lenses from that registered dispensing optician. (h) A prescriber or a registered dispensing optician shall not place on the contact lens prescription, deliver to the patient, or require a patient to sign a form or notice waiving or disclaiming the liability or responsibility of the prescriber or registered dispensing optician for the accuracy of the ophthalmic devices dispensed by another seller. This prohibition against waivers and disclaimers shall not impose liability on a prescriber or registered dispensing optician for the ophthalmic devices dispensed by another seller pursuant to the prescriber’s prescription. (i) The willful failure or refusal of a prescriber to comply with the provisions of this section shall constitute grounds for professional discipline, including, but not limited to, the imposition of a fine or the suspension or revocation of the prescriber’s license. The Medical Board of California, the Osteopathic Medical Board of California, and the California State Board of Optometry shall adopt regulations, to implement this subdivision, including, but not limited to, standards for processing complaints each receives regarding this subdivision. (j) For the purposes of this section, “prescriber” means a physician and surgeon or an optometrist. (k) Nothing in this section shall be construed to expand the scope of practice of a registered dispensing optician as defined in Sections 2542, 2543, and Chapter 5.5 (commencing with Section 2550). (Amended by Stats. 2025, Ch. 788, Sec. 1. (SB 776) Effective January 1, 2026.)
  188. 2541.3.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.4. Prescription Lenses and Ophthalmic and Optometric Assistants [2540 - 2545] ( Heading of Chapter 5.4 amended by Stats. 2021, Ch. 652, Sec. 1. )

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    California health and optometry authorities must adopt standards for prescription ophthalmic devices, and covered sellers may not sell devices that fail those standards.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.4. Prescription Lenses and Ophthalmic and Optometric Assistants [2540 - 2545] ( Heading of Chapter 5.4 amended by Stats. 2021, Ch. 652, Sec. 1. ) ## 2541.3. (a) The State Department of Public Health, the California State Board of Optometry, and the Medical Board of California shall prepare and adopt quality standards and adopt regulations relating to prescription ophthalmic devices, including, but not limited to, lenses, frames, and contact lenses. In promulgating these rules and regulations, the department and the boards shall adopt the current standards of the American National Standards Institute regarding ophthalmic materials. Nothing in this section shall prohibit the department and the boards from jointly adopting subsequent standards that are equivalent or more stringent than the current standards of the American National Standards Institute regarding ophthalmic materials. (b) No individual or group that deals with prescription ophthalmic devices, including, but not limited to, distributors, registered dispensing opticians or ophthalmic businesses, manufacturers, laboratories, optometrists, or ophthalmologists shall sell, dispense, or furnish any prescription ophthalmic device that does not meet the minimum standards set by the State Department of Public Health, the California State Board of Optometry, or the Medical Board of California. (c) Any violation of the regulations adopted by the State Department of Public Health, the California State Board of Optometry, or the Medical Board of California pursuant to this section shall be a misdemeanor. (d) Any optometrist, ophthalmologist, or dispensing optician who violates the regulations adopted by the State Department of Public Health, the California State Board of Optometry, the Medical Board of California, or the Osteopathic Medical Board of California pursuant to this section shall be subject to disciplinary action by the individual’s licensing board. (e) The California State Board of Optometry, the Medical Board of California, or the Osteopathic Medical Board of California may send any prescription ophthalmic device to the State Department of Public Health for testing as to whether or not the device meets established standards adopted pursuant to this section, which testing shall take precedence over any other prescription ophthalmic device testing being conducted by the department. The department may conduct the testing in its own facilities or may contract with any other facility to conduct the testing. (Amended by Stats. 2021, Ch. 630, Sec. 19. (AB 1534) Effective January 1, 2022.)
  189. 2541.6.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.4. Prescription Lenses and Ophthalmic and Optometric Assistants [2540 - 2545] ( Heading of Chapter 5.4 amended by Stats. 2021, Ch. 652, Sec. 1. )

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    State funds cannot be used to buy a prescription ophthalmic device that does not meet the adopted standards.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.4. Prescription Lenses and Ophthalmic and Optometric Assistants [2540 - 2545] ( Heading of Chapter 5.4 amended by Stats. 2021, Ch. 652, Sec. 1. ) ## 2541.6. No prescription ophthalmic device that does not meet the standards adopted by the State Department of Public Health, the California State Board of Optometry, the Medical Board of California, or the Osteopathic Medical Board of California under Section 2541.3 shall be purchased with state funds. (Amended by Stats. 2021, Ch. 630, Sec. 20. (AB 1534) Effective January 1, 2022.)
  190. 2542.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.4. Prescription Lenses and Ophthalmic and Optometric Assistants [2540 - 2545] ( Heading of Chapter 5.4 amended by Stats. 2021, Ch. 652, Sec. 1. )

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    A registered dispensing optician may dispense contact lenses only with a valid prescription and must not dispense or fit them contrary to the prescription.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.4. Prescription Lenses and Ophthalmic and Optometric Assistants [2540 - 2545] ( Heading of Chapter 5.4 amended by Stats. 2021, Ch. 652, Sec. 1. ) ## 2542. A registered dispensing optician shall dispense contact lenses, including plano contact lenses, only on the valid prescription of a physician and surgeon or optometrist, and acting on the advice, direction, and responsibility of the physician and surgeon or optometrist. The registrant shall also comply with the requirements of Section 2560. A registered dispensing optician shall not dispense a contact lens or lenses, or a plano contact lens or lenses, unless the prescription specifically refers to and authorizes contact lenses. A registered dispensing optician shall not fit a generic type of contact lens or mode of wear for a contact lens contrary to the type or mode, if any, referred to in the prescription. (Amended by Stats. 2021, Ch. 630, Sec. 21. (AB 1534) Effective January 1, 2022.)
  191. 2543.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.4. Prescription Lenses and Ophthalmic and Optometric Assistants [2540 - 2545] ( Heading of Chapter 5.4 amended by Stats. 2021, Ch. 652, Sec. 1. )

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    Only licensed physicians and surgeons, licensed optometrists, and registered dispensing opticians may dispense, sell, or furnish prescription ophthalmic devices at retail or to the named patient, subject to the stated exception. The section also treats certain contact-lens advertising and plano-contact-lens sales claims as deceptive marketing practices.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.4. Prescription Lenses and Ophthalmic and Optometric Assistants [2540 - 2545] ( Heading of Chapter 5.4 amended by Stats. 2021, Ch. 652, Sec. 1. ) ## 2543. (a) Except as provided in the Nonresident Ophthalmic Lens Dispenser Registration Act (Article 2.5 (commencing with Section 2564.70)), the right to dispense, sell, or furnish prescription ophthalmic devices at retail or to the person named in a prescription is limited exclusively to licensed physicians and surgeons, licensed optometrists, and registered dispensing opticians as provided in this division. This section shall not be construed to affect licensing requirements pursuant to Section 111615 of the Health and Safety Code. (b) It shall be considered a deceptive marketing practice for: (1) Any physician and surgeon, optometrist, or registered dispensing optician to publish or cause to be published any advertisement or sales presentation relating to contact lenses that represents that contact lenses may be obtained without confirmation of a valid prescription. (2) Any individual or entity who offers for sale plano contact lenses, as defined in subdivision (c) of Section 2541, to represent by any means that those lenses may be lawfully obtained without an eye examination or confirmation of a valid prescription, or may be dispensed or furnished to a purchaser without complying with the requirements of Section 2562, except as provided in Article 2.5 (commencing with Section 2564.70). (Amended by Stats. 2021, Ch. 630, Sec. 22. (AB 1534) Effective January 1, 2022.)
  192. 2544.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.4. Prescription Lenses and Ophthalmic and Optometric Assistants [2540 - 2545] ( Heading of Chapter 5.4 amended by Stats. 2021, Ch. 652, Sec. 1. )

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    An assistant in optometry or ophthalmology may perform listed tasks and fit prescription lenses only under required supervision, but may not prescribe glasses or contact lenses.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.4. Prescription Lenses and Ophthalmic and Optometric Assistants [2540 - 2545] ( Heading of Chapter 5.4 amended by Stats. 2021, Ch. 652, Sec. 1. ) ## 2544. (a) Notwithstanding any other provision of law, an assistant in any setting where optometry or ophthalmology is practiced who is acting under the direct responsibility and supervision of an optometrist or a physician and surgeon may fit prescription lenses. Under the direct responsibility and supervision of an optometrist or ophthalmologist, an assistant in any setting where optometry or ophthalmology is practiced may also do the following: (1) Prepare patients for examination. (2) Collect preliminary patient data, including taking a patient history. (3) Perform simple noninvasive testing of visual acuity, pupils, and ocular motility. (4) Perform automated visual field testing. (5) Perform ophthalmic photography and digital imaging. (6) Perform tonometry. (7) Perform lensometry. (8) Perform nonsubjective auto refraction. (9) Perform preliminary subjective refraction procedures in connection with finalizing subjective refraction procedures performed by an ophthalmologist or optometrist, subject to the following conditions: (A) The assistant shall have at least 45 hours of documented training in subjective refraction procedures acceptable to the supervising ophthalmologist or optometrist, which may include performing preliminary subjective refraction procedures consistent with this paragraph to accomplish that training. (B) Any preliminary subjective refraction procedures shall be performed as follows: (i) When the supervising physician and surgeon or optometrist is physically present at the location where the procedures are being performed, and not involving telehealth services. (ii) In conjunction with an in-person examination being performed by the supervising physician and surgeon or optometrist. (iii) With a supervisory ratio of no more than three assistants per supervising ophthalmologist or optometrist during the supervisor’s work shift. (C) An assistant performing preliminary subjective refraction procedures may utilize appropriate related equipment, including, but not limited to, a phoropter, trial lenses, and a retinoscope, solely for the purpose of performing those procedures. (D) An assistant may not prescribe glasses or contact lenses, and nothing in this section shall be interpreted as authorizing those activities. (10) Administer cycloplegics, mydriatics, and topical anesthetics that are not controlled substances, for ophthalmic purposes. (11) Perform pachymetry, keratometry, A scan and B scan ultrasound testing, and electrodiagnostic testing. (b) For the purposes of this section, “setting” includes, but is not limited to, any facility licensed by the State Department of Public Health or the State Department of Social Services. (c) Nothing in this section shall be construed to authorize activities that corporations and other artificial legal entities are prohibited from conducting by Section 2400. (Amended by Stats. 2022, Ch. 596, Sec. 2. (AB 2574) Effective January 1, 2023.)
  193. 2545.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.4. Prescription Lenses and Ophthalmic and Optometric Assistants [2540 - 2545] ( Heading of Chapter 5.4 amended by Stats. 2021, Ch. 652, Sec. 1. )

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    Courts may issue injunctions against conduct that violates this chapter, and violators may be fined $250 to $35,000 per violation.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.4. Prescription Lenses and Ophthalmic and Optometric Assistants [2540 - 2545] ( Heading of Chapter 5.4 amended by Stats. 2021, Ch. 652, Sec. 1. ) ## 2545. (a) Whenever a person or corporation has engaged, or is about to engage, in any acts or practices which constitute, or will constitute, an offense against this chapter, the superior court in and for the county wherein the acts or practices take place, or are about to take place, may issue an injunction, or other appropriate order, restraining the conduct on application of the California State Board of Optometry, the Medical Board of California, the Osteopathic Medical Board of California, the Attorney General, or the district attorney of the county. The proceedings under this section shall be governed by Chapter 3 (commencing with Section 525) of Title 7 of Part 2 of the Code of Civil Procedure. (b) (1) A person or corporation who violates any of the provisions of this chapter shall be subject to a fine of not less than two hundred fifty dollars ($250) nor more than thirty-five thousand dollars ($35,000) per violation. The fines collected pursuant to this section from licensed physicians and surgeons shall be available upon appropriation to the Medical Board of California or the Osteopathic Medical Board of California for the purposes of administration and enforcement. The fines collected pursuant to this section from licensed optometrists and registered dispensing opticians shall be deposited into the Optometry Fund and shall be available upon appropriation to the California State Board of Optometry for the purposes of administration and enforcement. (2) The Medical Board of California, the Osteopathic Medical Board of California, and the California State Board of Optometry shall adopt regulations implementing this section and shall consider the following factors, including, but not limited to, applicable enforcement penalties, prior conduct, gravity of the offense, and the manner in which complaints will be processed. (3) The proceedings under this section shall be conducted in accordance with the provisions of Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code. (Amended by Stats. 2021, Ch. 630, Sec. 24. (AB 1534) Effective January 1, 2022.)
  194. 2550.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.5. Registered Dispensing Opticians [2550 - 2568] ( Chapter 5.5 added by Stats. 1939, Ch. 955. ) ## ARTICLE 1. General Provisions [2550 - 2559] ( Article 1 added by Stats. 1939, Ch. 955. )

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    This section defines key terms used in the chapter and allows an unregistered individual to do limited fitting and adjusting work only under direct supervision.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.5. Registered Dispensing Opticians [2550 - 2568] ( Chapter 5.5 added by Stats. 1939, Ch. 955. ) ## ARTICLE 1. General Provisions [2550 - 2559] ( Article 1 added by Stats. 1939, Ch. 955. ) ## 2550. For purposes of this chapter, the following definitions shall apply: (a) “Adjust” and “adjusting” includes the following acts, either singly or in combination with others: adapting or manipulation of the ophthalmic device to fit the face of the consumer, pursuant and incidental to the filling of any prescription for lenses, spectacles, eyeglasses, contact lens, plano contact lens, and other ophthalmic devices as specified in Section 2541, and prescriptions. (b) “Board” means the California State Board of Optometry. (c) “Dispensing optician,” “registered dispensing optician,” and “registrant” mean any of the following individuals that are registered with the board: (1) “Spectacle lens dispenser” means an individual who is registered with the board pursuant to Article 1.5 (commencing with Section 2559.1). (2) “Contact lens dispenser” means an individual who is registered with the board pursuant to Article 2 (commencing with Section 2560). (3) “Nonresident ophthalmic lens dispenser” means an entity that is registered with the board pursuant to Article 2.5 (commencing with Section 2564.70) which offers, advertises, and performs optical services to the general public. (4) “Registered dispensing ophthalmic business” means an entity that is registered with the board pursuant to Article 2.7 (commencing with Section 2564.90). (d) “Fit” and “fitting” mean doing any of the following acts, either singly or in combination with others, before the act of adjusting: designing, taking measurements to determine the size, shape, or specifications, and replacing the prescribed optical aids, pursuant and incidental to the filling of any prescription for lenses, spectacles, eyeglasses, contact lens, plano contact lens, and other ophthalmic devices as specified in Section 2541. (e) “Ophthalmic lens” or “ophthalmic device” means any prescription lenses, spectacles, eyeglasses, contact lens, other ophthalmic devices that alter or change the visual powers of the human eye, or any prescription plano contact lens ordered by a physician and surgeon or optometrist. (f) “Prescription” means an order made by a licensed physician and surgeon or licensed optometrist pursuant to Section 2541.1 or 2541.2. (g) “Unregistered individual” means an individual who is not registered with the board pursuant to this chapter. The unregistered individual may perform any of the following: (1) Fitting and adjusting of spectacle lenses under the direct responsibility and supervision of a duly registered spectacle lens dispenser pursuant to Section 2559.1. (2) Fitting and adjusting of contact lenses under the direct responsibility and supervision of a duly registered contact lens dispenser pursuant to Section 2560. (Amended by Stats. 2025, Ch. 788, Sec. 2. (SB 776) Effective January 1, 2026.)
  195. 2550.1.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.5. Registered Dispensing Opticians [2550 - 2568] ( Chapter 5.5 added by Stats. 1939, Ch. 955. ) ## ARTICLE 1. General Provisions [2550 - 2559] ( Article 1 added by Stats. 1939, Ch. 955. )

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    This chapter does not apply to an individual working under the direct responsibility and supervision of a physician and surgeon or optometrist, in a setting where optometry or ophthalmology is practiced.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.5. Registered Dispensing Opticians [2550 - 2568] ( Chapter 5.5 added by Stats. 1939, Ch. 955. ) ## ARTICLE 1. General Provisions [2550 - 2559] ( Article 1 added by Stats. 1939, Ch. 955. ) ## 2550.1. The provisions of this chapter shall not apply to an individual who is acting under the direct responsibility and supervision of a physician and surgeon or optometrist, pursuant to Section 2544, in any setting where optometry or ophthalmology is practiced. (Repealed and added by Stats. 2021, Ch. 630, Sec. 40. (AB 1534) Effective January 1, 2022.)
  196. 25500.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 15. Tied-House Restrictions [25500 - 25512] ( Chapter 15 added by Stats. 1953, Ch. 152. )

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    Specified alcohol industry participants must not own, finance, or support interests in on-sale licenses or on-sale premises, subject to stated exceptions.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 15. Tied-House Restrictions [25500 - 25512] ( Chapter 15 added by Stats. 1953, Ch. 152. ) ## 25500. (a) No manufacturer, winegrower, manufacturer’s agent, rectifier, California winegrower’s agent, distiller, bottler, importer, or wholesaler, or any officer, director, or agent of any such person shall: (1) Hold the ownership, directly or indirectly, of any interest in any on-sale license. (2) Furnish, give, or lend any money or other thing of value, directly or indirectly, to, or guarantee the repayment of any loan or the fulfillment of any financial obligation of, any person engaged in operating, owning, or maintaining any on-sale premises where alcoholic beverages are sold for consumption on the premises. (3) Own any interest, directly or indirectly, in the business, furniture, fixtures, refrigeration equipment, signs, except signs for interior use mentioned in subdivision (g) of Section 25503, or lease in or of any premises operated or maintained under any on-sale license for the sale of alcoholic beverages for consumption on the premises where sold; or own any interest, directly or indirectly, in realty acquired after June 13, 1935, upon which on-sale premises are maintained unless the holding of the interest is permitted in accordance with rules of the department. (b) This section does not apply to the holding by one person of a wholesaler’s license and an on-sale license in counties not to exceed 15,000 population. (c) This section does not apply to the financial or representative relationship between a manufacturer, winegrower, manufacturer’s agent, rectifier, California winegrower’s agent, distiller, bottler, importer, or wholesaler, or any officer, director, or agent of such person, and a person holding only one of the following types of licenses: (1) On-sale general license for a bona fide club. (2) Club license issued under Article 4 (commencing with Section 23425) of Chapter 3. (3) Veterans’ club license issued under Article 5 (commencing with Section 23450) of Chapter 3. (4) On-sale license for boats, trains, sleeping cars, or airplanes where the alcoholic beverages produced or sold by the manufacturer, winegrower, manufacturer’s agent, rectifier, California winegrower’s agent, bottler, importer, or wholesaler or any officer, director, or agent of the person are not sold, furnished, or given, directly or indirectly to the on-sale licensee. (d) This section does not apply to an employee of a licensee referred to in subdivision (a) who is a nonadministrative and nonsupervisorial employee. (e) Notwithstanding any other provision of this division or regulation of the department, this section does not apply to an employee of a licensee referred to in subdivision (a) who is the spouse of an on-sale licensee, so long as the on-sale licensee does not purchase, offer for sale, or promote, regardless of source, any of the brands of alcoholic beverages that are produced, bottled, processed, imported, rectified, distributed, represented, or sold by any licensee referred to in subdivision (a) that employs the spouse of the on-sale licensee. (f) (1) Nothing in this division prohibits the holder of any retail on-sale or off-sale license from purchasing advertising in any publication published by a nonretail licensee. (2) For purposes of this subdivision: (A) “Nonretail licensee” means any manufacturer, winegrower, manufacturer’s agent, rectifier, California winegrower’s agent, distiller, bottler, importer, or wholesaler, or any person who does not directly or indirectly hold the ownership of any interest in a retail license. (B) “Publication published by a nonretail licensee” includes Internet Web sites and social media feeds operated and maintained by or for a nonretail licensee under an account or Internet Web site address owned by the nonretail licensee. (Amended by Stats. 2015, Ch. 519, Sec. 4. (AB 776) Effective January 1, 2016.)
  197. 25500.1.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 15. Tied-House Restrictions [25500 - 25512] ( Chapter 15 added by Stats. 1953, Ch. 152. )

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    A nonretail industry member may list contact details for two or more unaffiliated on-sale or off-sale retailers selling its beer, wine, or distilled spirits, if specified conditions are met.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 15. Tied-House Restrictions [25500 - 25512] ( Chapter 15 added by Stats. 1953, Ch. 152. ) ## 25500.1. (a) The listing of the names, addresses, telephone numbers, email addresses, or Internet Web site addresses, or other electronic media, of two or more unaffiliated on-sale or off-sale retailers selling beer, wine, or distilled spirits produced, distributed, or imported by a nonretail industry member does not constitute a thing of value or prohibited inducement to the listed on-sale or off-sale retailer, provided all of the following conditions are met: (1) The listing does not also contain the retail price of the product. (2) The listing is the only reference to the on-sale or off-sale retailers in the direct communication. (3) The listing does not refer only to one on-sale or off-sale retailer or only to on-sale or off-sale retail establishments controlled directly or indirectly by the same retailer. (4) The listing is made, or produced, or paid for, exclusively by the nonretail industry member. (b) For the purposes of this section, “nonretail industry member” is defined as a manufacturer, including, but not limited to, a beer manufacturer, winegrower, brandy manufacturer, rectifier, or distiller of alcoholic beverages or an agent of that entity, or a wholesaler, regardless of any other licenses held directly or indirectly by that person. (c) The Legislature finds that it is necessary and proper to require a separation among manufacturing interests, wholesale interests, and retail interests in the production and distribution of alcoholic beverages in order to prevent suppliers from dominating local markets through vertical integration and to prevent excessive sales of alcoholic beverages produced by overly aggressive marketing techniques. The Legislature further finds that the exceptions established by this section to the general prohibition against tied interests shall be limited to their express terms so as not to undermine the general prohibition, and intends that this section be construed accordingly. (Amended by Stats. 2015, Ch. 408, Sec. 1. (AB 780) Effective January 1, 2016.)
  198. 25501.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 15. Tied-House Restrictions [25500 - 25512] ( Chapter 15 added by Stats. 1953, Ch. 152. )

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    Brewing-industry manufacturers, bottlers, importers, and wholesalers are barred from providing or having an ownership interest in certain equipment-related businesses, with limited exceptions and a specific pricing rule for beer and wine wholesaler licensees.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 15. Tied-House Restrictions [25500 - 25512] ( Chapter 15 added by Stats. 1953, Ch. 152. ) ## 25501. No manufacturer, bottler, importer, or wholesaler of products of the brewing industry shall: (a) Furnish, give, rent, lend, or sell, directly or indirectly, any equipment, fixtures, or supplies, other than alcoholic beverages, to any person engaged in operating, owning, or maintaining any on-sale premises where alcoholic beverages are sold for consumption on the premises. This subdivision shall not prohibit the furnishing of draft beer pumps and iceboxes to those persons who operate on a temporary basis. Notwithstanding any other provision of this division, a manufacturer, bottler, importer, or wholesaler of products of the brewing industry may furnish, give, rent, lend, or sell, directly or indirectly, paper beverage coasters less than 25 square inches in size and having a value of less than five cents ($0.05) per coaster or brand-identified acrylic table tent holders to any person engaged in operating, owning, or maintaining any on-sale premises where alcoholic beverages are sold for consumption on the premises. (b) Directly or indirectly, hold the ownership or any interest, by stock ownership or otherwise, in any firm, corporation, partnership, or business, furnishing, supplying, or dealing in any office, store, or restaurant furnishings or equipment, other than signs for interior use or supplies authorized to be given under this division to any person engaged in operating, owning, or maintaining any on-sale premises. (c) Notwithstanding any provision of this section, the holder of a beer and wine wholesaler’s license may manufacture, distribute, and sell any lawful product to any person engaged in operating, owning, or maintaining any on-sale premises where alcoholic beverages are sold for consumption on the premises, provided that these products are sold by the holder of the beer and wine wholesaler’s license to the on-sale licensee at a price not less than the current market price for the product. (Amended by Stats. 1997, Ch. 774, Sec. 2.3. Effective January 1, 1998.)
  199. 25502.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 15. Tied-House Restrictions [25500 - 25512] ( Chapter 15 added by Stats. 1953, Ch. 152. )

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    This section limits certain alcohol licensees and related persons from owning interests in off-sale licenses or licensed premises, giving financial support, or controlling related property interests, with specific exceptions.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 15. Tied-House Restrictions [25500 - 25512] ( Chapter 15 added by Stats. 1953, Ch. 152. ) ## 25502. (a) No manufacturer, winegrower, manufacturer’s agent, California winegrower’s agent, rectifier, distiller, bottler, importer, or wholesaler, or any officer, director, or agent of any such person, shall, except as authorized by this division: (1) Hold the ownership, directly or indirectly, of any interest in an off-sale license. (2) Furnish, give, or lend any money or other thing of value, directly or indirectly, to, or guarantee the repayment of any loan or the fulfillment of any financial obligation of, any person engaged in operating, owning, or maintaining any off-sale licensed premises. (3) Own or control any interest, directly or indirectly, by stock ownership, interlocking directors, or trusteeship, in the business, furniture, fixtures, refrigeration equipment, signs, except signs for interior use mentioned in subdivision (g) of Section 25503, or lease in premises licensed with an off-sale license. (4) Own or control any interest, directly or indirectly, by stock ownership, interlocking directors, trusteeship, or mortgage of the realty upon which an off-sale licensed premises is maintained. (b) Any wholesaler in counties not to exceed 15,000 population who holds both a beer and wine wholesaler’s license and an off-sale general license and who held such licenses prior to September 19, 1947, may continue to hold such licenses but may not transfer the beer and wine wholesaler’s license to another individual, individuals, partnership, corporation or other legal entity. Where the off-sale general license is transferred to an individual, individuals, partnership, corporation or other legal entity, the transfer shall be a person-to-person transfer only. (c) Nothing in this section prohibits any holder of a distilled spirits manufacturer’s, manufacturer’s agent’s, California winegrower’s agent, rectifier’s, or wholesaler’s license, or any officer, employee, or representative of any such licensee, from acting as a trustee for any off-sale general licensee in any bankruptcy or other proceedings for the benefit of the creditors of the off-sale general licensee. (d) Nothing in this section shall alter, change, or otherwise affect, retroactively or prospectively, any of the rights or privileges granted to a winegrower or brandy manufacturer by Section 23362, or by any other provision of this division. (e) This section does not apply to an employee of a licensee referred to in subdivision (a) who is a nonadministrative and nonsupervisorial employee. (Amended by Stats. 1987, Ch. 1121, Sec. 3.)
  200. 25502.2.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 15. Tied-House Restrictions [25500 - 25512] ( Chapter 15 added by Stats. 1953, Ch. 152. )

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    This section allows certain autograph promotional events at off-sale retail premises, but only if specific conditions are met.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 15. Tied-House Restrictions [25500 - 25512] ( Chapter 15 added by Stats. 1953, Ch. 152. ) ## 25502.2. (a) A person employed or engaged by an authorized licensee may appear at a promotional event at the premises of an off-sale retail licensee for the purposes of providing autographs to consumers at the promotional event only under the following conditions: (1) A purchase from the off-sale retail licensee is not required. (2) A fee is not charged to attend the promotional event. (3) Autographing may only be provided on consumer advertising specialities given by the authorized licensee to a consumer or on any item provided by the consumer. (4) The promotional event does not exceed four hours in duration. (5) There are no more than two promotional events per calendar year involving the same authorized licensee at a single premises of an off-sale retail licensee. (6) The off-sale retail licensee may advertise the promotional event to be held at its licensed premises. (7) An authorized licensee may advertise in advance of the promotional event only in publications of the authorized licensee, subject to the following conditions: (A) The advertising only lists the name and address of the off-sale retail licensee, the name of the alcoholic beverage product being featured at the promotional event, and the time, date, and location of the off-sale retail licensee location where the promotional event is being held. (B) The listing of the off-sale retail licensee’s name and address is the only reference to the off-sale retail licensee in the advertisement and is relatively inconspicuous in relation to the advertisement as a whole, and the advertisement does not contain any pictures or illustrations of the off-sale retail licensee’s premises or laudatory references to the off-sale retail licensee. (8) A wholesaler does not directly or indirectly underwrite, share in, or contribute to any costs related to the promotional event, except that a beer and wine wholesaler that holds at least six distilled spirits wholesaler licenses may directly or indirectly underwrite, share in, or contribute to any costs related to a promotional event for which the wholesaler employs or engages the person providing autographs to consumers at the promotional event. (9) The authorized licensee notifies the department in writing of the promotional event at least 30 days in advance of the promotional event. (10) The authorized licensee maintains records necessary to establish its compliance with this section. (b) For purposes of this section, “authorized licensee” means a manufacturer, winegrower, manufacturer’s agent, California winegrower’s agent, rectifier, importer, brandy manufacturer, brandy importer, or wholesaler. (Amended by Stats. 2015, Ch. 311, Sec. 2. (SB 796) Effective January 1, 2016.)

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