Business and Professions Code — Part 27 | BPC — United States — California law | Esheria

Business and Professions Code

Part 27 of 52 · provisions 5,201–5,400

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. 2622.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.7. Physical Therapy [2600 - 2696] ( Chapter 5.7 added by Stats. 1953, Ch. 1826. ) ## ARTICLE 2. Scope of Regulation and Exemptions [2620 - 2634] ( Heading of Article 2 amended by Stats. 2013, Ch. 389, Sec. 20. )

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    A physical therapist must manage each patient’s care, may supervise no more than two physical therapist assistants at one time, and may use one aide for patient-related tasks.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.7. Physical Therapy [2600 - 2696] ( Chapter 5.7 added by Stats. 1953, Ch. 1826. ) ## ARTICLE 2. Scope of Regulation and Exemptions [2620 - 2634] ( Heading of Article 2 amended by Stats. 2013, Ch. 389, Sec. 20. ) ## 2622. (a) A physical therapist shall be responsible for managing all aspects of the care of each patient as set forth in regulations promulgated by the board. (b) A physical therapist shall not supervise more than two physical therapist assistants at one time to assist the physical therapist in his or her practice of physical therapy. (c) A physical therapist may utilize the services of one aide engaged in patient-related tasks to aid the physical therapist in his or her practice of physical therapy. (Repealed and added by Stats. 2013, Ch. 389, Sec. 23. (SB 198) Effective January 1, 2014.)
  2. 26220.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 22. Cannabis Cooperative Associations [26220 - 26231.2] ( Chapter 22 added by Stats. 2017, Ch. 27, Sec. 107. ) ## ARTICLE 1. Definitions [26220 - 26220.3] ( Article 1 added by Stats. 2017, Ch. 27, Sec. 107. )

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    The definitions in this article control how this chapter is interpreted, unless the context requires otherwise.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 22. Cannabis Cooperative Associations [26220 - 26231.2] ( Chapter 22 added by Stats. 2017, Ch. 27, Sec. 107. ) ## ARTICLE 1. Definitions [26220 - 26220.3] ( Article 1 added by Stats. 2017, Ch. 27, Sec. 107. ) ## 26220. Unless the context otherwise requires, the definitions in this article govern the construction of this chapter. (Added by Stats. 2017, Ch. 27, Sec. 107. (SB 94) Effective June 27, 2017.)
  3. 26220.1.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 22. Cannabis Cooperative Associations [26220 - 26231.2] ( Chapter 22 added by Stats. 2017, Ch. 27, Sec. 107. ) ## ARTICLE 1. Definitions [26220 - 26220.3] ( Article 1 added by Stats. 2017, Ch. 27, Sec. 107. )

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    “Association” means a cannabis cooperative organized under this chapter, and an association meeting the chapter’s conditions is deemed incorporated and deemed a cultivator under the chapter.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 22. Cannabis Cooperative Associations [26220 - 26231.2] ( Chapter 22 added by Stats. 2017, Ch. 27, Sec. 107. ) ## ARTICLE 1. Definitions [26220 - 26220.3] ( Article 1 added by Stats. 2017, Ch. 27, Sec. 107. ) ## 26220.1. “Association” means any cannabis cooperative that is organized pursuant to this chapter. An association shall be deemed incorporated pursuant to this chapter, or organized pursuant to this chapter and shall be deemed a cultivator of a cannabis product within the meaning of this chapter, if it is functioning under, or is subject to, the provisions of this chapter, irrespective of whether it was originally incorporated pursuant to those provisions or was incorporated under other provisions. (Added by Stats. 2017, Ch. 27, Sec. 107. (SB 94) Effective June 27, 2017.)
  4. 26220.2.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 22. Cannabis Cooperative Associations [26220 - 26231.2] ( Chapter 22 added by Stats. 2017, Ch. 27, Sec. 107. ) ## ARTICLE 1. Definitions [26220 - 26220.3] ( Article 1 added by Stats. 2017, Ch. 27, Sec. 107. )

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    This section defines “member” to include members of associations without capital stock and holders of common stock in stock-based associations.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 22. Cannabis Cooperative Associations [26220 - 26231.2] ( Chapter 22 added by Stats. 2017, Ch. 27, Sec. 107. ) ## ARTICLE 1. Definitions [26220 - 26220.3] ( Article 1 added by Stats. 2017, Ch. 27, Sec. 107. ) ## 26220.2. “Member” includes members of associations without capital stock and holders of common stock in associations that are organized with shares of stock. (Added by Stats. 2017, Ch. 27, Sec. 107. (SB 94) Effective June 27, 2017.)
  5. 26220.3.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 22. Cannabis Cooperative Associations [26220 - 26231.2] ( Chapter 22 added by Stats. 2017, Ch. 27, Sec. 107. ) ## ARTICLE 1. Definitions [26220 - 26220.3] ( Article 1 added by Stats. 2017, Ch. 27, Sec. 107. )

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    This section defines “cannabis product” to include any cannabis associated with a licensed cultivator.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 22. Cannabis Cooperative Associations [26220 - 26231.2] ( Chapter 22 added by Stats. 2017, Ch. 27, Sec. 107. ) ## ARTICLE 1. Definitions [26220 - 26220.3] ( Article 1 added by Stats. 2017, Ch. 27, Sec. 107. ) ## 26220.3. “Cannabis product” includes any cannabis associated with a licensed cultivator. (Added by Stats. 2017, Ch. 27, Sec. 107. (SB 94) Effective June 27, 2017.)
  6. 26222.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 22. Cannabis Cooperative Associations [26220 - 26231.2] ( Chapter 22 added by Stats. 2017, Ch. 27, Sec. 107. ) ## ARTICLE 2. General Provisions [26222 - 26222.6] ( Article 2 added by Stats. 2017, Ch. 27, Sec. 107. )

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    This section states the purpose of the chapter on cannabis cooperative associations.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 22. Cannabis Cooperative Associations [26220 - 26231.2] ( Chapter 22 added by Stats. 2017, Ch. 27, Sec. 107. ) ## ARTICLE 2. General Provisions [26222 - 26222.6] ( Article 2 added by Stats. 2017, Ch. 27, Sec. 107. ) ## 26222. The purpose of this chapter is to do all of the following: (a) Promote, foster, and encourage the intelligent and orderly marketing of cannabis product through cooperation. (b) Eliminate speculation and waste. (c) Make the distribution of cannabis product as direct as can be efficiently done. (d) Stabilize the marketing of cannabis product. (e) Satisfy the conditions of Section 26052. (Added by Stats. 2017, Ch. 27, Sec. 107. (SB 94) Effective June 27, 2017.)
  7. 26222.1.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 22. Cannabis Cooperative Associations [26220 - 26231.2] ( Chapter 22 added by Stats. 2017, Ch. 27, Sec. 107. ) ## ARTICLE 2. General Provisions [26222 - 26222.6] ( Article 2 added by Stats. 2017, Ch. 27, Sec. 107. )

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    An exemption that applies to a cannabis product held by an individual cultivator also applies the same way to the cannabis product delivered by the cultivator’s association members when the product is in the association’s possession or control.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 22. Cannabis Cooperative Associations [26220 - 26231.2] ( Chapter 22 added by Stats. 2017, Ch. 27, Sec. 107. ) ## ARTICLE 2. General Provisions [26222 - 26222.6] ( Article 2 added by Stats. 2017, Ch. 27, Sec. 107. ) ## 26222.1. An exemption under law that applies to a cannabis product in the possession, or under the control, of the individual cultivator, shall apply similarly and completely to the cannabis product that is delivered by its cultivator members that are in the possession, or under the control, of the association. (Added by Stats. 2017, Ch. 27, Sec. 107. (SB 94) Effective June 27, 2017.)
  8. 26222.2.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 22. Cannabis Cooperative Associations [26220 - 26231.2] ( Chapter 22 added by Stats. 2017, Ch. 27, Sec. 107. ) ## ARTICLE 2. General Provisions [26222 - 26222.6] ( Article 2 added by Stats. 2017, Ch. 27, Sec. 107. )

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    Certain businesses in California may not use “cannabis cooperative” in their corporate or business name for producers’ cooperative marketing activities unless they have complied with this chapter.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 22. Cannabis Cooperative Associations [26220 - 26231.2] ( Chapter 22 added by Stats. 2017, Ch. 27, Sec. 107. ) ## ARTICLE 2. General Provisions [26222 - 26222.6] ( Article 2 added by Stats. 2017, Ch. 27, Sec. 107. ) ## 26222.2. A person, firm, corporation, or association, that is hereafter organized or doing business in this state, may not use the word “cannabis cooperative” as part of its corporate name or other business name or title for producers’ cooperative marketing activities, unless it has complied with this chapter. (Added by Stats. 2017, Ch. 27, Sec. 107. (SB 94) Effective June 27, 2017.)
  9. 26222.3.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 22. Cannabis Cooperative Associations [26220 - 26231.2] ( Chapter 22 added by Stats. 2017, Ch. 27, Sec. 107. ) ## ARTICLE 2. General Provisions [26222 - 26222.6] ( Article 2 added by Stats. 2017, Ch. 27, Sec. 107. )

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    An association organized under this chapter must not restrain trade, operate as an illegal monopoly, lessen competition, or fix prices.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 22. Cannabis Cooperative Associations [26220 - 26231.2] ( Chapter 22 added by Stats. 2017, Ch. 27, Sec. 107. ) ## ARTICLE 2. General Provisions [26222 - 26222.6] ( Article 2 added by Stats. 2017, Ch. 27, Sec. 107. ) ## 26222.3. An association that is organized pursuant to this chapter shall not conspire in restraint of trade, or serve as an illegal monopoly, attempt to lessen competition, or to fix prices in violation of law of this state. (Added by Stats. 2017, Ch. 27, Sec. 107. (SB 94) Effective June 27, 2017.)
  10. 26222.4.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 22. Cannabis Cooperative Associations [26220 - 26231.2] ( Chapter 22 added by Stats. 2017, Ch. 27, Sec. 107. ) ## ARTICLE 2. General Provisions [26222 - 26222.6] ( Article 2 added by Stats. 2017, Ch. 27, Sec. 107. )

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    Certain marketing contracts and agreements for a cannabis cooperative association must not create a restraint of trade or violate state law.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 22. Cannabis Cooperative Associations [26220 - 26231.2] ( Chapter 22 added by Stats. 2017, Ch. 27, Sec. 107. ) ## ARTICLE 2. General Provisions [26222 - 26222.6] ( Article 2 added by Stats. 2017, Ch. 27, Sec. 107. ) ## 26222.4. The marketing contracts and agreements between an association that is organized pursuant to this chapter and its members and any agreements authorized in this chapter shall not result in restraint of trade, or violation of law of this state. (Added by Stats. 2017, Ch. 27, Sec. 107. (SB 94) Effective June 27, 2017.)
  11. 26222.5.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 22. Cannabis Cooperative Associations [26220 - 26231.2] ( Chapter 22 added by Stats. 2017, Ch. 27, Sec. 107. ) ## ARTICLE 2. General Provisions [26222 - 26222.6] ( Article 2 added by Stats. 2017, Ch. 27, Sec. 107. )

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    General Corporation Law applies to each association formed under this chapter, except where it conflicts with this chapter’s express provisions.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 22. Cannabis Cooperative Associations [26220 - 26231.2] ( Chapter 22 added by Stats. 2017, Ch. 27, Sec. 107. ) ## ARTICLE 2. General Provisions [26222 - 26222.6] ( Article 2 added by Stats. 2017, Ch. 27, Sec. 107. ) ## 26222.5. The General Corporation Law (Division 1 (commencing with Section 100) of Title 1 of the Corporations Code) applies to each association that is organized pursuant to this chapter, except where those provisions are in conflict with or inconsistent with the express provisions of this chapter. For the purpose of associations organized without shares of stock, the members shall be deemed to be “shareholders” as the term is used in the General Corporation Law. (Added by Stats. 2017, Ch. 27, Sec. 107. (SB 94) Effective June 27, 2017.)
  12. 26222.6.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 22. Cannabis Cooperative Associations [26220 - 26231.2] ( Chapter 22 added by Stats. 2017, Ch. 27, Sec. 107. ) ## ARTICLE 2. General Provisions [26222 - 26222.6] ( Article 2 added by Stats. 2017, Ch. 27, Sec. 107. )

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    This section says certain Civil Procedure escheat rules do not apply to a proprietary interest in a cannabis cooperative association, and the interest goes to the association instead of the state if the notice and objection conditions are met.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 22. Cannabis Cooperative Associations [26220 - 26231.2] ( Chapter 22 added by Stats. 2017, Ch. 27, Sec. 107. ) ## ARTICLE 2. General Provisions [26222 - 26222.6] ( Article 2 added by Stats. 2017, Ch. 27, Sec. 107. ) ## 26222.6. (a) Except as provided in subdivision (c), Chapter 7 (commencing with Section 1500) of Title 10 of Part 3 of the Code of Civil Procedure does not apply to a proprietary interest in an association organized in accordance with this chapter. A proprietary interest that would otherwise escheat to the state pursuant to Chapter 7 (commencing with Section 1500) of Title 10 of Part 3 of the Code of Civil Procedure shall instead become the property of the association. (b) Notwithstanding subdivision (a), no proprietary interest shall become the property of the association under this section unless all of the following requirements are satisfied: (1) At least 60 days’ prior notice of the proposed transfer of the proprietary interest to the association is given to the affected member by first-class or certified mail to the last address of the member shown on the association’s records, and by publication in a newspaper of general circulation in the county in which the member last resided as shown on the association’s records. Notice given pursuant to this paragraph constitutes actual notice. (2) No written notice objecting to the transfer is received by the association from the affected member or, if the member is deceased, from the member’s heirs or the executor or executrix of the estate, prior to the date of the proposed transfer. (c) “Proprietary interest” means and includes any membership, membership certificate, membership share, share certificate, or equity or dividend certificate of any class representing a proprietary interest in, and issued by, the association together with all accrued and unpaid earnings, dividends, and patronage distributions relating thereto. (Added by Stats. 2017, Ch. 27, Sec. 107. (SB 94) Effective June 27, 2017.)
  13. 26223.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 22. Cannabis Cooperative Associations [26220 - 26231.2] ( Chapter 22 added by Stats. 2017, Ch. 27, Sec. 107. ) ## ARTICLE 3. Purposes [26223- 26223.] ( Article 3 added by Stats. 2017, Ch. 27, Sec. 107. )

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    This section lets qualifying cannabis cultivators form a cooperative, but requires member disclosure to the department, limits members to single Type 1 or Type 2 license holders, caps collective cultivation at four acres statewide, and bars members from being licensed in another state or country.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 22. Cannabis Cooperative Associations [26220 - 26231.2] ( Chapter 22 added by Stats. 2017, Ch. 27, Sec. 107. ) ## ARTICLE 3. Purposes [26223- 26223.] ( Article 3 added by Stats. 2017, Ch. 27, Sec. 107. ) ## 26223. (a) Three or more natural persons, who are engaged in the cultivation of any cannabis product, may form an association pursuant to this chapter for the purpose of engaging in any activity in connection with any of the following: (1) The cultivation, marketing, or selling of the cannabis products of its members. (2) The growing, harvesting, curing, drying, trimming, packing, grading, storing, or handling of any product of its members. (3) The manufacturing, selling, or supplying to its members of machinery, equipment, or supplies. (4) The financing of the activities that are specified by this section. (b) Members of a cannabis cooperative shall be disclosed to the department before the application is processed. (c) Members of a cannabis cooperative formed pursuant to this chapter shall be limited to cultivators who only hold a single Type 1 or Type 2 license. (d) Collectively, members of a cannabis cooperative shall not grow more than four acres of total canopy size of cultivation throughout the state during the period that the respective licensees are valid. (e) No member of a cooperative formed pursuant to this section shall be licensed to operate a cannabis business in another state or country. (Amended by Stats. 2021, Ch. 70, Sec. 90. (AB 141) Effective July 12, 2021.)
  14. 26224.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 22. Cannabis Cooperative Associations [26220 - 26231.2] ( Chapter 22 added by Stats. 2017, Ch. 27, Sec. 107. ) ## ARTICLE 4. Articles of Incorporation [26224 - 26224.2] ( Article 4 added by Stats. 2017, Ch. 27, Sec. 107. )

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    An association’s articles of incorporation must show the signers are cultivating cannabis products and intend to form the association under this chapter, and must include specified formation details.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 22. Cannabis Cooperative Associations [26220 - 26231.2] ( Chapter 22 added by Stats. 2017, Ch. 27, Sec. 107. ) ## ARTICLE 4. Articles of Incorporation [26224 - 26224.2] ( Article 4 added by Stats. 2017, Ch. 27, Sec. 107. ) ## 26224. The articles of incorporation of an association shall show that the signers of the articles of incorporation are engaged in the cultivation of cannabis products, and that they propose to incorporate an association pursuant to this chapter, and shall state all of the following: (a) The name of the association. (b) The purposes for which it is formed. (c) The city, county, or city and county where the principal office for the transaction of business of the association is to be located. (d) The number of directors of the association, which shall not be less than three, and the names and addresses of the persons who are to serve as first directors. If it is desired that the first directors shall serve for terms of different lengths, the term for which each person so named to serve shall also be stated. (e) If organized without shares of stock, whether the voting power and the property rights and interest of each member are equal or unequal. If voting power and property rights and interest of each member are unequal, the general rule or rules that are applicable to all members by which the voting power and the property rights and interests, respectively, of each member may be and are determined and fixed shall also be stated. (f) (1) If organized with shares of stock, the number of shares that may be issued and if the shares are to have a par value, the par value of each share, and the aggregate par value of all shares. If the shares are to be without par value, it shall be so stated. (2) If the shares of stock are to be classified, a description of the classes of shares and a statement of the number of shares of each kind or class and the nature and extent of the preferences, rights, privileges, and restrictions that are granted to or imposed upon the holders of the respective classes of stock. Except as to the matters and things so stated, no distinction shall exist between the classes of stock or the holders of them. One class of stock shall always be known as common stock, and voting power may be restricted to holders of common stock. (Added by Stats. 2017, Ch. 27, Sec. 107. (SB 94) Effective June 27, 2017.)
  15. 26224.1.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 22. Cannabis Cooperative Associations [26220 - 26231.2] ( Chapter 22 added by Stats. 2017, Ch. 27, Sec. 107. ) ## ARTICLE 4. Articles of Incorporation [26224 - 26224.2] ( Article 4 added by Stats. 2017, Ch. 27, Sec. 107. )

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    Articles of incorporation must be signed, acknowledged, and filed as the state’s general laws require for domestic corporations.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 22. Cannabis Cooperative Associations [26220 - 26231.2] ( Chapter 22 added by Stats. 2017, Ch. 27, Sec. 107. ) ## ARTICLE 4. Articles of Incorporation [26224 - 26224.2] ( Article 4 added by Stats. 2017, Ch. 27, Sec. 107. ) ## 26224.1. Articles of incorporation shall be signed, acknowledged, and filed in the manner that is prescribed by the general laws of this state for domestic corporations. (Added by Stats. 2017, Ch. 27, Sec. 107. (SB 94) Effective June 27, 2017.)
  16. 26224.2.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 22. Cannabis Cooperative Associations [26220 - 26231.2] ( Chapter 22 added by Stats. 2017, Ch. 27, Sec. 107. ) ## ARTICLE 4. Articles of Incorporation [26224 - 26224.2] ( Article 4 added by Stats. 2017, Ch. 27, Sec. 107. )

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    Any association may amend its articles of incorporation if the amendment is allowed by the General Corporation Law.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 22. Cannabis Cooperative Associations [26220 - 26231.2] ( Chapter 22 added by Stats. 2017, Ch. 27, Sec. 107. ) ## ARTICLE 4. Articles of Incorporation [26224 - 26224.2] ( Article 4 added by Stats. 2017, Ch. 27, Sec. 107. ) ## 26224.2. The articles of incorporation of any association may be amended in the manner and for the purposes which are authorized by the General Corporation Law, Division 1 (commencing with Section 100) of Title 1 of the Corporations Code. (Added by Stats. 2017, Ch. 27, Sec. 107. (SB 94) Effective June 27, 2017.)
  17. 26225.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 22. Cannabis Cooperative Associations [26220 - 26231.2] ( Chapter 22 added by Stats. 2017, Ch. 27, Sec. 107. ) ## ARTICLE 5. Bylaws [26225 - 26225.95] ( Article 5 added by Stats. 2017, Ch. 27, Sec. 107. )

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    Each association must adopt bylaws within 30 days after incorporation, and shareholders or members holding a majority of voting power control adoption, repeal, amendment, and additional bylaws; that authority can be delegated to the board and later revoked.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 22. Cannabis Cooperative Associations [26220 - 26231.2] ( Chapter 22 added by Stats. 2017, Ch. 27, Sec. 107. ) ## ARTICLE 5. Bylaws [26225 - 26225.95] ( Article 5 added by Stats. 2017, Ch. 27, Sec. 107. ) ## 26225. Each association shall, within 30 days after its incorporation, adopt for its government and management, a code of bylaws, consistent with this chapter. The vote or written assent of shareholders or members that hold at least a majority of the voting power is necessary to adopt the bylaws and is effectual to repeal or amend a bylaw, or to adopt an additional bylaw. The power to repeal and amend the bylaws, and adopt new bylaws, may, by a similar vote, or similar written assent, be delegated to the board of directors, which authority may, by a similar vote, or similar written assent, be revoked. (Added by Stats. 2017, Ch. 27, Sec. 107. (SB 94) Effective June 27, 2017.)
  18. 26225.1.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 22. Cannabis Cooperative Associations [26220 - 26231.2] ( Chapter 22 added by Stats. 2017, Ch. 27, Sec. 107. ) ## ARTICLE 5. Bylaws [26225 - 26225.95] ( Article 5 added by Stats. 2017, Ch. 27, Sec. 107. )

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    The bylaws can set how meetings are called and run, and board meetings may be held anywhere within or outside the state if a quorum sets the place, unless the articles or bylaws say otherwise.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 22. Cannabis Cooperative Associations [26220 - 26231.2] ( Chapter 22 added by Stats. 2017, Ch. 27, Sec. 107. ) ## ARTICLE 5. Bylaws [26225 - 26225.95] ( Article 5 added by Stats. 2017, Ch. 27, Sec. 107. ) ## 26225.1. The bylaws may prescribe the time, place, and manner of calling and conducting its meetings. Meetings of members or stockholders shall be held at the place as provided in the bylaws, or, if no provision is made, in the city, county, or city and county where the principal place of business is located at a place designated by the board of directors. Meetings of the board of directors may be held at any place within or without the state that is fixed by a quorum of the board of directors unless otherwise provided in the articles of incorporation or bylaws. (Added by Stats. 2017, Ch. 27, Sec. 107. (SB 94) Effective June 27, 2017.)
  19. 26225.2.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 22. Cannabis Cooperative Associations [26220 - 26231.2] ( Chapter 22 added by Stats. 2017, Ch. 27, Sec. 107. ) ## ARTICLE 5. Bylaws [26225 - 26225.95] ( Article 5 added by Stats. 2017, Ch. 27, Sec. 107. )

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    The bylaws may set how many stockholders, directors, or members make a quorum.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 22. Cannabis Cooperative Associations [26220 - 26231.2] ( Chapter 22 added by Stats. 2017, Ch. 27, Sec. 107. ) ## ARTICLE 5. Bylaws [26225 - 26225.95] ( Article 5 added by Stats. 2017, Ch. 27, Sec. 107. ) ## 26225.2. The bylaws may prescribe the number of stockholders, directors, or members that constitutes a quorum. (Added by Stats. 2017, Ch. 27, Sec. 107. (SB 94) Effective June 27, 2017.)
  20. 26225.3.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 22. Cannabis Cooperative Associations [26220 - 26231.2] ( Chapter 22 added by Stats. 2017, Ch. 27, Sec. 107. ) ## ARTICLE 5. Bylaws [26225 - 26225.95] ( Article 5 added by Stats. 2017, Ch. 27, Sec. 107. )

    Verify source ↗

    The bylaws may set rules for proxy or mail voting and for cumulative voting by members or stockholders.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 22. Cannabis Cooperative Associations [26220 - 26231.2] ( Chapter 22 added by Stats. 2017, Ch. 27, Sec. 107. ) ## ARTICLE 5. Bylaws [26225 - 26225.95] ( Article 5 added by Stats. 2017, Ch. 27, Sec. 107. ) ## 26225.3. The bylaws may prescribe the following: (a) The right of members or stockholders to vote by proxy or by mail or both, and the conditions, manner, form, and effects of those votes. (b) The right of members or stockholders to cumulate their votes and the prohibition, if any, of cumulative voting. (Added by Stats. 2017, Ch. 27, Sec. 107. (SB 94) Effective June 27, 2017.)
  21. 26225.4.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 22. Cannabis Cooperative Associations [26220 - 26231.2] ( Chapter 22 added by Stats. 2017, Ch. 27, Sec. 107. ) ## ARTICLE 5. Bylaws [26225 - 26225.95] ( Article 5 added by Stats. 2017, Ch. 27, Sec. 107. )

    Verify source ↗

    The bylaws may set director and officer qualifications, pay, duties, terms, and election timing, but director-number rules must follow stated minimum and maximum limits and certain changes need approval.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 22. Cannabis Cooperative Associations [26220 - 26231.2] ( Chapter 22 added by Stats. 2017, Ch. 27, Sec. 107. ) ## ARTICLE 5. Bylaws [26225 - 26225.95] ( Article 5 added by Stats. 2017, Ch. 27, Sec. 107. ) ## 26225.4. (a) The bylaws may prescribe the qualifications, compensation, duties, and term of office of directors and officers and the time of their election. (b) The number of directors set forth in the articles of incorporation shall be either a fixed number or a variable number. If a fixed number, it shall not be less than three, and if a variable number, the stated minimum shall not be less than three and the stated maximum shall not be greater than two times the stated minimum minus one. (c) The number of directors may also be set forth in the bylaws either as a fixed number or as a variable number subject to the same limitations as in subdivision (b). After shares have been issued or members have been admitted, any adoption or amendment of the bylaw provision shall be approved by the outstanding shares as provided in Section 152 of the Corporations Code. (d) In the event of an inconsistency between an article provision referred to in subdivision (b) and a bylaw provision referred to in subdivision (c), the provision more recently adopted or amended shall prevail. (e) If a variable number of directors is set forth in the articles of incorporation or the bylaws, the exact number of directors shall be fixed, within the limits specified, by approval of the board of directors or the shareholders as provided in Section 153 of the Corporations Code in the manner designated in the bylaws. (Added by Stats. 2017, Ch. 27, Sec. 107. (SB 94) Effective June 27, 2017.)
  22. 26225.5.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 22. Cannabis Cooperative Associations [26220 - 26231.2] ( Chapter 22 added by Stats. 2017, Ch. 27, Sec. 107. ) ## ARTICLE 5. Bylaws [26225 - 26225.95] ( Article 5 added by Stats. 2017, Ch. 27, Sec. 107. )

    Verify source ↗

    The bylaws may set penalties for violating the bylaws.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 22. Cannabis Cooperative Associations [26220 - 26231.2] ( Chapter 22 added by Stats. 2017, Ch. 27, Sec. 107. ) ## ARTICLE 5. Bylaws [26225 - 26225.95] ( Article 5 added by Stats. 2017, Ch. 27, Sec. 107. ) ## 26225.5. The bylaws may prescribe penalties for violations of the bylaws. (Added by Stats. 2017, Ch. 27, Sec. 107. (SB 94) Effective June 27, 2017.)
  23. 26225.6.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 22. Cannabis Cooperative Associations [26220 - 26231.2] ( Chapter 22 added by Stats. 2017, Ch. 27, Sec. 107. ) ## ARTICLE 5. Bylaws [26225 - 26225.95] ( Article 5 added by Stats. 2017, Ch. 27, Sec. 107. )

    Verify source ↗

    The bylaws may set entrance, organization, and membership fees, how they are collected, and what they may be used for.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 22. Cannabis Cooperative Associations [26220 - 26231.2] ( Chapter 22 added by Stats. 2017, Ch. 27, Sec. 107. ) ## ARTICLE 5. Bylaws [26225 - 26225.95] ( Article 5 added by Stats. 2017, Ch. 27, Sec. 107. ) ## 26225.6. The bylaws may prescribe the amount of entrance, organization, and membership fees, if any, the manner and method of collection of the fees, and the purposes for which they may be used. (Added by Stats. 2017, Ch. 27, Sec. 107. (SB 94) Effective June 27, 2017.)
  24. 26225.7.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 22. Cannabis Cooperative Associations [26220 - 26231.2] ( Chapter 22 added by Stats. 2017, Ch. 27, Sec. 107. ) ## ARTICLE 5. Bylaws [26225 - 26225.95] ( Article 5 added by Stats. 2017, Ch. 27, Sec. 107. )

    Verify source ↗

    The bylaws may set member or stockholder payment amounts, service charges, payment timing, collection methods, and a marketing contract members or stockholders may be required to sign.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 22. Cannabis Cooperative Associations [26220 - 26231.2] ( Chapter 22 added by Stats. 2017, Ch. 27, Sec. 107. ) ## ARTICLE 5. Bylaws [26225 - 26225.95] ( Article 5 added by Stats. 2017, Ch. 27, Sec. 107. ) ## 26225.7. The bylaws may prescribe the amount that each member or stockholder shall be required to pay annually, or from time to time, if at all, to carry on the business of the association, the charge, if any, to be paid by each member or stockholder for services that are rendered by the association to him, the time of payment and the manner of collection, and the marketing contract between the association and its members or stockholders that every member or stockholder may be required to sign. (Added by Stats. 2017, Ch. 27, Sec. 107. (SB 94) Effective June 27, 2017.)
  25. 26225.8.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 22. Cannabis Cooperative Associations [26220 - 26231.2] ( Chapter 22 added by Stats. 2017, Ch. 27, Sec. 107. ) ## ARTICLE 5. Bylaws [26225 - 26225.95] ( Article 5 added by Stats. 2017, Ch. 27, Sec. 107. )

    Verify source ↗

    The bylaws may set dividend amounts on stock or membership capital, but dividends paid from certain member-related association surplus cannot exceed 8% per year.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 22. Cannabis Cooperative Associations [26220 - 26231.2] ( Chapter 22 added by Stats. 2017, Ch. 27, Sec. 107. ) ## ARTICLE 5. Bylaws [26225 - 26225.95] ( Article 5 added by Stats. 2017, Ch. 27, Sec. 107. ) ## 26225.8. The bylaws may prescribe the amount of dividends, if any, that may be declared on the stock or membership capital. To the extent that dividends are payable out of the excess of association income over association expenses attributable to business transacted with or for members, dividends shall not exceed 8 percent per annum. (Added by Stats. 2017, Ch. 27, Sec. 107. (SB 94) Effective June 27, 2017.)
  26. 26225.9.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 22. Cannabis Cooperative Associations [26220 - 26231.2] ( Chapter 22 added by Stats. 2017, Ch. 27, Sec. 107. ) ## ARTICLE 5. Bylaws [26225 - 26225.95] ( Article 5 added by Stats. 2017, Ch. 27, Sec. 107. )

    Verify source ↗

    The bylaws may set rules for membership, stock ownership, transfers, withdrawal, cessation of membership, suspension, and expulsion.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 22. Cannabis Cooperative Associations [26220 - 26231.2] ( Chapter 22 added by Stats. 2017, Ch. 27, Sec. 107. ) ## ARTICLE 5. Bylaws [26225 - 26225.95] ( Article 5 added by Stats. 2017, Ch. 27, Sec. 107. ) ## 26225.9. The bylaws may prescribe any of the following: (a) The number and qualification of members or stockholders of the association and the conditions precedent to membership or ownership of common stock. (b) The method, time, and manner of permitting members to withdraw or the holders of common stock to transfer their stock. (c) The manner of assignment and transfer of the interest of members, and of the shares of common stock. (d) The conditions under which, and time when, membership of a member shall cease. (e) The automatic suspension of the rights of a member when he or she ceases to be eligible to membership in the association. (f) The mode, manner, and effect of the expulsion of a member. (Added by Stats. 2017, Ch. 27, Sec. 107. (SB 94) Effective June 27, 2017.)
  27. 26225.95.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 22. Cannabis Cooperative Associations [26220 - 26231.2] ( Chapter 22 added by Stats. 2017, Ch. 27, Sec. 107. ) ## ARTICLE 5. Bylaws [26225 - 26225.95] ( Article 5 added by Stats. 2017, Ch. 27, Sec. 107. )

    Verify source ↗

    The bylaws may set valuation, purchase, and repurchase terms, and if an expelled member’s bylaws do not address expulsion procedure or penalty, the board of directors must appraise and pay the member’s property interest within one year.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 22. Cannabis Cooperative Associations [26220 - 26231.2] ( Chapter 22 added by Stats. 2017, Ch. 27, Sec. 107. ) ## ARTICLE 5. Bylaws [26225 - 26225.95] ( Article 5 added by Stats. 2017, Ch. 27, Sec. 107. ) ## 26225.95. (a) The bylaws may prescribe any of the following: (1) The manner of determining the value of a member’s interest and provision for its purchase by the association upon the death or withdrawal of a member or upon the expulsion of a member or forfeiture of his or her membership, or at the option of the association, the purchase at a price fixed by conclusive appraisal by the board of directors. (2) The conditions and terms for the repurchase by the association from its stockholders of their stock upon their disqualification as stockholders. (b) If a member is expelled and the bylaws do not provide any procedure or penalty for expulsion, the board of directors shall equitably and conclusively appraise his or her property interest in the association and shall fix the amount of his or her property interest in money, which shall be paid to him or her within one year after such expulsion. (Added by Stats. 2017, Ch. 27, Sec. 107. (SB 94) Effective June 27, 2017.)
  28. 26226.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 22. Cannabis Cooperative Associations [26220 - 26231.2] ( Chapter 22 added by Stats. 2017, Ch. 27, Sec. 107. ) ## ARTICLE 6. Directors and Management [26226 - 26226.9] ( Article 6 added by Stats. 2017, Ch. 27, Sec. 107. )

    Verify source ↗

    The association must be managed by a board of at least three directors, elected by the members or stockholders.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 22. Cannabis Cooperative Associations [26220 - 26231.2] ( Chapter 22 added by Stats. 2017, Ch. 27, Sec. 107. ) ## ARTICLE 6. Directors and Management [26226 - 26226.9] ( Article 6 added by Stats. 2017, Ch. 27, Sec. 107. ) ## 26226. The affairs of the association shall be managed by a board of not less than three directors who are elected by the members or stockholders. (Added by Stats. 2017, Ch. 27, Sec. 107. (SB 94) Effective June 27, 2017.)
  29. 26226.1.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 22. Cannabis Cooperative Associations [26220 - 26231.2] ( Chapter 22 added by Stats. 2017, Ch. 27, Sec. 107. ) ## ARTICLE 6. Directors and Management [26226 - 26226.9] ( Article 6 added by Stats. 2017, Ch. 27, Sec. 107. )

    Verify source ↗

    The bylaws may divide members’ territory into districts for director elections, and if they do, they must set how many directors each district elects and how redistricting and reapportionment work.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 22. Cannabis Cooperative Associations [26220 - 26231.2] ( Chapter 22 added by Stats. 2017, Ch. 27, Sec. 107. ) ## ARTICLE 6. Directors and Management [26226 - 26226.9] ( Article 6 added by Stats. 2017, Ch. 27, Sec. 107. ) ## 26226.1. The bylaws may provide that the territory in which the association has members shall be divided into districts and that directors shall be elected from the several districts. If the bylaws divides the territory into districts for the election of directors, the bylaws shall specify the number of directors to be elected by each district and the manner and method of reapportioning the directors and of redistricting the territory covered by the association. (Added by Stats. 2017, Ch. 27, Sec. 107. (SB 94) Effective June 27, 2017.)
  30. 26226.2.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 22. Cannabis Cooperative Associations [26220 - 26231.2] ( Chapter 22 added by Stats. 2017, Ch. 27, Sec. 107. ) ## ARTICLE 6. Directors and Management [26226 - 26226.9] ( Article 6 added by Stats. 2017, Ch. 27, Sec. 107. )

    Verify source ↗

    The bylaws may allow primary elections to nominate directors, and if districts are created, may make the district election results final and subject to ratification at the annual meeting.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 22. Cannabis Cooperative Associations [26220 - 26231.2] ( Chapter 22 added by Stats. 2017, Ch. 27, Sec. 107. ) ## ARTICLE 6. Directors and Management [26226 - 26226.9] ( Article 6 added by Stats. 2017, Ch. 27, Sec. 107. ) ## 26226.2. The bylaws may provide that primary elections shall be held to nominate directors. If the bylaws provide that the territory in which the association has members shall be divided into districts, the bylaws may also provide that the results of the primary elections in the various districts shall be final and shall be ratified at the annual meeting of the association. (Added by Stats. 2017, Ch. 27, Sec. 107. (SB 94) Effective June 27, 2017.)
  31. 26226.3.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 22. Cannabis Cooperative Associations [26220 - 26231.2] ( Chapter 22 added by Stats. 2017, Ch. 27, Sec. 107. ) ## ARTICLE 6. Directors and Management [26226 - 26226.9] ( Article 6 added by Stats. 2017, Ch. 27, Sec. 107. )

    Verify source ↗

    The bylaws may divide the association’s territory into districts and set how directors are elected through representatives or advisers; if they do, the bylaws must also state how many representatives or advisers each district gets and how they are reapportioned and redistricted.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 22. Cannabis Cooperative Associations [26220 - 26231.2] ( Chapter 22 added by Stats. 2017, Ch. 27, Sec. 107. ) ## ARTICLE 6. Directors and Management [26226 - 26226.9] ( Article 6 added by Stats. 2017, Ch. 27, Sec. 107. ) ## 26226.3. The bylaws may provide that the territory in which the association has members shall be divided into districts, and that the directors shall be elected by representatives or advisers, who themselves have been elected by the members or stockholders from the several territorial districts. If the bylaws divide the territory into districts for the election of representatives or advisers who elect the directors, the bylaws shall specify the number of representatives or advisers to be elected by each district and the manner and method of reapportioning the representatives or advisers and of redistricting the territory that is covered by the association. (Added by Stats. 2017, Ch. 27, Sec. 107. (SB 94) Effective June 27, 2017.)
  32. 26226.4.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 22. Cannabis Cooperative Associations [26220 - 26231.2] ( Chapter 22 added by Stats. 2017, Ch. 27, Sec. 107. ) ## ARTICLE 6. Directors and Management [26226 - 26226.9] ( Article 6 added by Stats. 2017, Ch. 27, Sec. 107. )

    Verify source ↗

    The bylaws may allow some directors to be chosen by a public official, commission, or other directors; those directors must represent the general public, have the same powers and rights as other directors, and may not exceed one-fifth of the board.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 22. Cannabis Cooperative Associations [26220 - 26231.2] ( Chapter 22 added by Stats. 2017, Ch. 27, Sec. 107. ) ## ARTICLE 6. Directors and Management [26226 - 26226.9] ( Article 6 added by Stats. 2017, Ch. 27, Sec. 107. ) ## 26226.4. The bylaws may provide that one or more directors may be chosen by a public official or commission or by the other directors selected by the members. The director shall represent primarily the interest of the general public in the association. The director shall have the same powers and rights as other directors. These directors shall not number more than one-fifth of the entire number of directors. (Added by Stats. 2017, Ch. 27, Sec. 107. (SB 94) Effective June 27, 2017.)
  33. 26226.5.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 22. Cannabis Cooperative Associations [26220 - 26231.2] ( Chapter 22 added by Stats. 2017, Ch. 27, Sec. 107. ) ## ARTICLE 6. Directors and Management [26226 - 26226.9] ( Article 6 added by Stats. 2017, Ch. 27, Sec. 107. )

    Verify source ↗

    The bylaws may create an executive committee and may give it the board’s functions and powers, but the committee remains subject to the board’s general direction and control.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 22. Cannabis Cooperative Associations [26220 - 26231.2] ( Chapter 22 added by Stats. 2017, Ch. 27, Sec. 107. ) ## ARTICLE 6. Directors and Management [26226 - 26226.9] ( Article 6 added by Stats. 2017, Ch. 27, Sec. 107. ) ## 26226.5. The bylaws may provide for an executive committee and may allot to the committee all the functions and powers of the board of directors, subject to the general direction and control of the board. (Added by Stats. 2017, Ch. 27, Sec. 107. (SB 94) Effective June 27, 2017.)
  34. 26226.6.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 22. Cannabis Cooperative Associations [26220 - 26231.2] ( Chapter 22 added by Stats. 2017, Ch. 27, Sec. 107. ) ## ARTICLE 6. Directors and Management [26226 - 26226.9] ( Article 6 added by Stats. 2017, Ch. 27, Sec. 107. )

    Verify source ↗

    An association may pay fair remuneration for time actually spent by its officers and directors in its service, and for services by members of its executive committee.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 22. Cannabis Cooperative Associations [26220 - 26231.2] ( Chapter 22 added by Stats. 2017, Ch. 27, Sec. 107. ) ## ARTICLE 6. Directors and Management [26226 - 26226.9] ( Article 6 added by Stats. 2017, Ch. 27, Sec. 107. ) ## 26226.6. An association may provide a fair remuneration for the time that is actually spent by its officers and directors in its service and for the service of the members of its executive committee. (Added by Stats. 2017, Ch. 27, Sec. 107. (SB 94) Effective June 27, 2017.)
  35. 26226.7.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 22. Cannabis Cooperative Associations [26220 - 26231.2] ( Chapter 22 added by Stats. 2017, Ch. 27, Sec. 107. ) ## ARTICLE 6. Directors and Management [26226 - 26226.9] ( Article 6 added by Stats. 2017, Ch. 27, Sec. 107. )

    Verify source ↗

    If a board vacancy occurs, the remaining directors must fill it unless the vacancy is due to expiration of term or the bylaws require district elections.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 22. Cannabis Cooperative Associations [26220 - 26231.2] ( Chapter 22 added by Stats. 2017, Ch. 27, Sec. 107. ) ## ARTICLE 6. Directors and Management [26226 - 26226.9] ( Article 6 added by Stats. 2017, Ch. 27, Sec. 107. ) ## 26226.7. If a vacancy on the board of directors occurs, except by expiration of term, the remaining members of the board, by a majority vote, shall fill the vacancy, unless the bylaws provide for an election of directors by districts. If the bylaws provide for an election of directors by districts, the vacancy shall be filled either by the election of a director from the district in which the vacancy occurs or by the board of directors calling a special meeting of the members or stockholders in that district to fill the vacancy. (Added by Stats. 2017, Ch. 27, Sec. 107. (SB 94) Effective June 27, 2017.)
  36. 26226.8.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 22. Cannabis Cooperative Associations [26220 - 26231.2] ( Chapter 22 added by Stats. 2017, Ch. 27, Sec. 107. ) ## ARTICLE 6. Directors and Management [26226 - 26226.9] ( Article 6 added by Stats. 2017, Ch. 27, Sec. 107. )

    Verify source ↗

    The directors must elect specified officers. Most offices may be combined in one person, but president and secretary cannot be held by the same person. The treasurer may be a bank or depository, and if so the secretary takes on the treasurer’s usual accounting duties and funds may be deposited only as authorized by the board.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 22. Cannabis Cooperative Associations [26220 - 26231.2] ( Chapter 22 added by Stats. 2017, Ch. 27, Sec. 107. ) ## ARTICLE 6. Directors and Management [26226 - 26226.9] ( Article 6 added by Stats. 2017, Ch. 27, Sec. 107. ) ## 26226.8. (a) The directors shall elect a president, one or more vice presidents, a secretary, a treasurer, and such other officers as may be prescribed by the bylaws. Any two or more offices, except those of president and secretary, may be held by the same person. (b) The treasurer may be a bank or a depository and, as such, shall not be considered as an officer, but as a function of the board of directors. In such case, the secretary shall perform the usual accounting duties of the treasurer, except that the funds shall be deposited only as and where authorized by the board of directors. (Added by Stats. 2017, Ch. 27, Sec. 107. (SB 94) Effective June 27, 2017.)
  37. 26226.9.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 22. Cannabis Cooperative Associations [26220 - 26231.2] ( Chapter 22 added by Stats. 2017, Ch. 27, Sec. 107. ) ## ARTICLE 6. Directors and Management [26226 - 26226.9] ( Article 6 added by Stats. 2017, Ch. 27, Sec. 107. )

    Verify source ↗

    Members may file written charges against an officer or director and seek removal; the association must vote on removal at the next meeting, and a district-based removal process applies if the bylaws use district elections.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 22. Cannabis Cooperative Associations [26220 - 26231.2] ( Chapter 22 added by Stats. 2017, Ch. 27, Sec. 107. ) ## ARTICLE 6. Directors and Management [26226 - 26226.9] ( Article 6 added by Stats. 2017, Ch. 27, Sec. 107. ) ## 26226.9. (a) A member may bring charges against an officer or director by filing them in writing with the secretary of the association, together with a petition that is signed by 5 percent of the members, which requests the removal of the officer or director in question. The removal shall be voted upon at the next regular or special meeting of the association and, by a vote of a majority of the members, the association may remove the officer or director and fill the vacancy. The director or officer, against whom the charges have been brought, shall be informed in writing of the charges previous to the meeting and shall have an opportunity at the meeting to be heard in person or by counsel and to present witnesses. The person bringing the charges against him or her shall have the same opportunity. (b) If the bylaws provide for election of directors by districts with primary elections in each district, the petition for removal of a director shall be signed by 20 percent of the members that reside in the district from which the director was elected. The board of directors shall call a special meeting of the members who reside in that district to consider the removal of the director. By a vote of the majority of the members of that district at the special meeting, the director in question shall be removed from office. (Added by Stats. 2017, Ch. 27, Sec. 107. (SB 94) Effective June 27, 2017.)
  38. 26227.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 22. Cannabis Cooperative Associations [26220 - 26231.2] ( Chapter 22 added by Stats. 2017, Ch. 27, Sec. 107. ) ## ARTICLE 7. Powers [26227 - 26227.9] ( Article 7 added by Stats. 2017, Ch. 27, Sec. 107. )

    Verify source ↗

    An association may carry out listed cannabis-handling and member-supply activities, and may do specified activities under a valid license.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 22. Cannabis Cooperative Associations [26220 - 26231.2] ( Chapter 22 added by Stats. 2017, Ch. 27, Sec. 107. ) ## ARTICLE 7. Powers [26227 - 26227.9] ( Article 7 added by Stats. 2017, Ch. 27, Sec. 107. ) ## 26227. An association may engage in any activity in connection with the growing, harvesting, curing, drying, trimming, packing, grading, storing, or handling of any cannabis product that is produced or delivered to it by its members; or any activity in connection with the purchase, hiring, or use by its members of supplies, machinery, or equipment, or in the financing of any such activities; or in any one or more of the activities that are specified in this section with a valid license. (Added by Stats. 2017, Ch. 27, Sec. 107. (SB 94) Effective June 27, 2017.)
  39. 26227.1.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 22. Cannabis Cooperative Associations [26220 - 26231.2] ( Chapter 22 added by Stats. 2017, Ch. 27, Sec. 107. ) ## ARTICLE 7. Powers [26227 - 26227.9] ( Article 7 added by Stats. 2017, Ch. 27, Sec. 107. )

    Verify source ↗

    An association may borrow without a limit on corporate debt or liability and may make advances to members.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 22. Cannabis Cooperative Associations [26220 - 26231.2] ( Chapter 22 added by Stats. 2017, Ch. 27, Sec. 107. ) ## ARTICLE 7. Powers [26227 - 26227.9] ( Article 7 added by Stats. 2017, Ch. 27, Sec. 107. ) ## 26227.1. An association may borrow without limitation as to the amount of corporate indebtedness or liability and may make advances to members. (Added by Stats. 2017, Ch. 27, Sec. 107. (SB 94) Effective June 27, 2017.)
  40. 26227.2.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 22. Cannabis Cooperative Associations [26220 - 26231.2] ( Chapter 22 added by Stats. 2017, Ch. 27, Sec. 107. ) ## ARTICLE 7. Powers [26227 - 26227.9] ( Article 7 added by Stats. 2017, Ch. 27, Sec. 107. )

    Verify source ↗

    A cannabis association may act as the agent or representative of its members for the activities listed in Sections 26226.2 and 26226.3.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 22. Cannabis Cooperative Associations [26220 - 26231.2] ( Chapter 22 added by Stats. 2017, Ch. 27, Sec. 107. ) ## ARTICLE 7. Powers [26227 - 26227.9] ( Article 7 added by Stats. 2017, Ch. 27, Sec. 107. ) ## 26227.2. An association may act as the agent or representative of any member or members in any of the activities specified in Section 26226.2 or 26226.3. (Added by Stats. 2017, Ch. 27, Sec. 107. (SB 94) Effective June 27, 2017.)
  41. 26227.3.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 22. Cannabis Cooperative Associations [26220 - 26231.2] ( Chapter 22 added by Stats. 2017, Ch. 27, Sec. 107. ) ## ARTICLE 7. Powers [26227 - 26227.9] ( Article 7 added by Stats. 2017, Ch. 27, Sec. 107. )

    Verify source ↗

    An association may buy, own, sell, transfer, pledge, or guarantee certain shares or bonds of another qualifying association.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 22. Cannabis Cooperative Associations [26220 - 26231.2] ( Chapter 22 added by Stats. 2017, Ch. 27, Sec. 107. ) ## ARTICLE 7. Powers [26227 - 26227.9] ( Article 7 added by Stats. 2017, Ch. 27, Sec. 107. ) ## 26227.3. An association may purchase or otherwise acquire, hold, own, and exercise all rights of ownership in, sell, transfer, pledge, or guarantee the payment of dividends or interest on, or the retirement or redemption of, shares of the capital stock or bonds of an association that is engaged in any related activity or in the growing, harvesting, curing, drying, trimming, packing, grading, storing, or handling of a cannabis product that is handled by the association. (Added by Stats. 2017, Ch. 27, Sec. 107. (SB 94) Effective June 27, 2017.)
  42. 26227.4.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 22. Cannabis Cooperative Associations [26220 - 26231.2] ( Chapter 22 added by Stats. 2017, Ch. 27, Sec. 107. ) ## ARTICLE 7. Powers [26227 - 26227.9] ( Article 7 added by Stats. 2017, Ch. 27, Sec. 107. )

    Verify source ↗

    An association may set up reserves and invest reserve funds in bonds or other property if the bylaws allow it.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 22. Cannabis Cooperative Associations [26220 - 26231.2] ( Chapter 22 added by Stats. 2017, Ch. 27, Sec. 107. ) ## ARTICLE 7. Powers [26227 - 26227.9] ( Article 7 added by Stats. 2017, Ch. 27, Sec. 107. ) ## 26227.4. An association may establish reserves and invest the funds of the reserves in bonds or in other property as may be provided in the bylaws. (Added by Stats. 2017, Ch. 27, Sec. 107. (SB 94) Effective June 27, 2017.)
  43. 26227.5.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 22. Cannabis Cooperative Associations [26220 - 26231.2] ( Chapter 22 added by Stats. 2017, Ch. 27, Sec. 107. ) ## ARTICLE 7. Powers [26227 - 26227.9] ( Article 7 added by Stats. 2017, Ch. 27, Sec. 107. )

    Verify source ↗

    A cannabis association may buy, hold, and use ownership rights in real or personal property when needed or convenient for its business.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 22. Cannabis Cooperative Associations [26220 - 26231.2] ( Chapter 22 added by Stats. 2017, Ch. 27, Sec. 107. ) ## ARTICLE 7. Powers [26227 - 26227.9] ( Article 7 added by Stats. 2017, Ch. 27, Sec. 107. ) ## 26227.5. An association may buy, hold, and exercise all privileges of ownership over such real or personal property as may be necessary or convenient for the conduct and operation of, or incidental to, the business of the association. (Added by Stats. 2017, Ch. 27, Sec. 107. (SB 94) Effective June 27, 2017.)
  44. 26227.6.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 22. Cannabis Cooperative Associations [26220 - 26231.2] ( Chapter 22 added by Stats. 2017, Ch. 27, Sec. 107. ) ## ARTICLE 7. Powers [26227 - 26227.9] ( Article 7 added by Stats. 2017, Ch. 27, Sec. 107. )

    Verify source ↗

    An association may levy assessments if its bylaws provide for the manner and amount.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 22. Cannabis Cooperative Associations [26220 - 26231.2] ( Chapter 22 added by Stats. 2017, Ch. 27, Sec. 107. ) ## ARTICLE 7. Powers [26227 - 26227.9] ( Article 7 added by Stats. 2017, Ch. 27, Sec. 107. ) ## 26227.6. An association may levy assessments in the manner and in the amount as may be provided in its bylaws. (Added by Stats. 2017, Ch. 27, Sec. 107. (SB 94) Effective June 27, 2017.)
  45. 26227.7.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 22. Cannabis Cooperative Associations [26220 - 26231.2] ( Chapter 22 added by Stats. 2017, Ch. 27, Sec. 107. ) ## ARTICLE 7. Powers [26227 - 26227.9] ( Article 7 added by Stats. 2017, Ch. 27, Sec. 107. )

    Verify source ↗

    A cannabis association may exercise listed powers anywhere, including doing what is necessary or beneficial, contracting, and using powers and privileges tied to its purpose or allowed to ordinary corporations unless inconsistent with this chapter.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 22. Cannabis Cooperative Associations [26220 - 26231.2] ( Chapter 22 added by Stats. 2017, Ch. 27, Sec. 107. ) ## ARTICLE 7. Powers [26227 - 26227.9] ( Article 7 added by Stats. 2017, Ch. 27, Sec. 107. ) ## 26227.7. An association may do any of the following anywhere: (a) That which is what is necessary, suitable, or proper for the accomplishment of a purpose, or the attainment of an object, that is enumerated in this article. (b) That which is conducive to, or expedient for, the interest or benefit of the association. (c) Contract accordingly. (d) Exercise and possess all powers, rights, and privileges that are necessary or incidental to the purposes for which the association is organized or to the activities in which it is engaged. (e) Exercise any other rights, powers, and privileges that are granted by the laws of this state to ordinary corporations, except such as are inconsistent with the express provisions of this chapter. (Added by Stats. 2017, Ch. 27, Sec. 107. (SB 94) Effective June 27, 2017.)
  46. 26227.75.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 22. Cannabis Cooperative Associations [26220 - 26231.2] ( Chapter 22 added by Stats. 2017, Ch. 27, Sec. 107. ) ## ARTICLE 7. Powers [26227 - 26227.9] ( Article 7 added by Stats. 2017, Ch. 27, Sec. 107. )

    Verify source ↗

    An association may use its facilities for any purpose if the proceeds reduce members’ operating costs, and it must not provide goods or services to nonmembers at a value greater than what is supplied to members in the same period.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 22. Cannabis Cooperative Associations [26220 - 26231.2] ( Chapter 22 added by Stats. 2017, Ch. 27, Sec. 107. ) ## ARTICLE 7. Powers [26227 - 26227.9] ( Article 7 added by Stats. 2017, Ch. 27, Sec. 107. ) ## 26227.75. An association may use or employ any of its facilities for any purpose, provided the proceeds that arise from such use and employment shall go to reduce the cost of operation for its members. The cannabis products that are handled for, or the services, machinery, equipment, or supplies or facilities that are furnished to, nonmembers shall not, however, exceed in value the cannabis products that are handled for, or the services, merchandise, or facilities that are supplied to, members during the same period. (Added by Stats. 2017, Ch. 27, Sec. 107. (SB 94) Effective June 27, 2017.)
  47. 26227.8.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 22. Cannabis Cooperative Associations [26220 - 26231.2] ( Chapter 22 added by Stats. 2017, Ch. 27, Sec. 107. ) ## ARTICLE 7. Powers [26227 - 26227.9] ( Article 7 added by Stats. 2017, Ch. 27, Sec. 107. )

    Verify source ↗

    A cannabis association may work with another qualifying association and may merge or consolidate with other qualifying associations. Any merger or consolidation must follow the state’s general laws for domestic corporations.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 22. Cannabis Cooperative Associations [26220 - 26231.2] ( Chapter 22 added by Stats. 2017, Ch. 27, Sec. 107. ) ## ARTICLE 7. Powers [26227 - 26227.9] ( Article 7 added by Stats. 2017, Ch. 27, Sec. 107. ) ## 26227.8. (a) An association may organize, form, operate, own, control, have an interest in, own stock of, or be a member of any other association, with or without capital stock, that is engaged in growing, harvesting, curing, drying, trimming, packing, grading, storing, or handling of any cannabis product that is handled by the association, or the byproducts of the cannabis product. (b) Any two or more associations that are organized pursuant to this section may be merged into one constituent association or consolidated into a new association. The merger or consolidation shall be made in the manner that is prescribed by the general laws of the state that cover domestic corporations. (Added by Stats. 2017, Ch. 27, Sec. 107. (SB 94) Effective June 27, 2017.)
  48. 26227.9.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 22. Cannabis Cooperative Associations [26220 - 26231.2] ( Chapter 22 added by Stats. 2017, Ch. 27, Sec. 107. ) ## ARTICLE 7. Powers [26227 - 26227.9] ( Article 7 added by Stats. 2017, Ch. 27, Sec. 107. )

    Verify source ↗

    Associations may enter contracts and share personnel with other cannabis cooperative associations under specified board- or agreement-based conditions.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 22. Cannabis Cooperative Associations [26220 - 26231.2] ( Chapter 22 added by Stats. 2017, Ch. 27, Sec. 107. ) ## ARTICLE 7. Powers [26227 - 26227.9] ( Article 7 added by Stats. 2017, Ch. 27, Sec. 107. ) ## 26227.9. (a) Any association may, upon resolution adopted by its board of directors, enter into all necessary and proper contracts and agreements and make all necessary and proper stipulations and arrangements with another cannabis cooperative or association that is formed in this state for the cannabis cooperative and more economical carrying on of its business or any part of its business. (b) Any two or more associations may, by agreement between them, unite in employing and using, or may separately employ and use, the same personnel, methods, means, and agencies for carrying on and conducting their respective business. (Amended by Stats. 2017, Ch. 253, Sec. 12. (AB 133) Effective September 16, 2017.)
  49. 26228.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 22. Cannabis Cooperative Associations [26220 - 26231.2] ( Chapter 22 added by Stats. 2017, Ch. 27, Sec. 107. ) ## ARTICLE 8. Financial Provisions [26228 - 26228.3] ( Article 8 added by Stats. 2017, Ch. 27, Sec. 107. )

    Verify source ↗

    An association is exempt from the Corporate Securities Law, and it may issue membership certificates, stock, or other securities under this chapter without needing qualification under that law.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 22. Cannabis Cooperative Associations [26220 - 26231.2] ( Chapter 22 added by Stats. 2017, Ch. 27, Sec. 107. ) ## ARTICLE 8. Financial Provisions [26228 - 26228.3] ( Article 8 added by Stats. 2017, Ch. 27, Sec. 107. ) ## 26228. An association is not subject in any manner to the terms of the Corporate Securities Law (Division 1 (commencing with Section 25000) of Title 4 of the Corporations Code), and any association may issue its membership certificates or stock or other securities as provided in this chapter without the necessity of any qualification under that law. (Added by Stats. 2017, Ch. 27, Sec. 107. (SB 94) Effective June 27, 2017.)
  50. 26228.1.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 22. Cannabis Cooperative Associations [26220 - 26231.2] ( Chapter 22 added by Stats. 2017, Ch. 27, Sec. 107. ) ## ARTICLE 8. Financial Provisions [26228 - 26228.3] ( Article 8 added by Stats. 2017, Ch. 27, Sec. 107. )

    Verify source ↗

    If an association issues nonpar value stock, the stock must be issued under the general laws that apply to nonpar value stock in domestic corporations.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 22. Cannabis Cooperative Associations [26220 - 26231.2] ( Chapter 22 added by Stats. 2017, Ch. 27, Sec. 107. ) ## ARTICLE 8. Financial Provisions [26228 - 26228.3] ( Article 8 added by Stats. 2017, Ch. 27, Sec. 107. ) ## 26228.1. If an association issues nonpar value stock, the issuance of the stock shall be governed by the terms of all general laws that cover the issuance of nonpar value stock in domestic corporations. (Added by Stats. 2017, Ch. 27, Sec. 107. (SB 94) Effective June 27, 2017.)
  51. 26228.2.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 22. Cannabis Cooperative Associations [26220 - 26231.2] ( Chapter 22 added by Stats. 2017, Ch. 27, Sec. 107. ) ## ARTICLE 8. Financial Provisions [26228 - 26228.3] ( Article 8 added by Stats. 2017, Ch. 27, Sec. 107. )

    Verify source ↗

    An association with preferred shares may satisfy obligations from buying stock, property, or an interest in property by issuing preferred shares instead of cash, if the share amount equals the fair market value as set by the board of directors.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 22. Cannabis Cooperative Associations [26220 - 26231.2] ( Chapter 22 added by Stats. 2017, Ch. 27, Sec. 107. ) ## ARTICLE 8. Financial Provisions [26228 - 26228.3] ( Article 8 added by Stats. 2017, Ch. 27, Sec. 107. ) ## 26228.2. If an association with preferred shares of stock purchases the stock or any property, or any interest in any property of any person, it may discharge the obligations that are so incurred, wholly or in part, by exchanging for the acquired interest, shares of its preferred stock to an amount that at par value would equal the fair market value of the stock or interest so purchased, as determined by the board of directors. In that case, the transfer to the association of the stock or interest that is purchased is equivalent to payment in cash for the shares of stock that are issued. (Added by Stats. 2017, Ch. 27, Sec. 107. (SB 94) Effective June 27, 2017.)
  52. 26228.3.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 22. Cannabis Cooperative Associations [26220 - 26231.2] ( Chapter 22 added by Stats. 2017, Ch. 27, Sec. 107. ) ## ARTICLE 8. Financial Provisions [26228 - 26228.3] ( Article 8 added by Stats. 2017, Ch. 27, Sec. 107. )

    Verify source ↗

    The board of directors must send members an annual report within 120 days after year-end, unless the bylaws expressly waive it.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 22. Cannabis Cooperative Associations [26220 - 26231.2] ( Chapter 22 added by Stats. 2017, Ch. 27, Sec. 107. ) ## ARTICLE 8. Financial Provisions [26228 - 26228.3] ( Article 8 added by Stats. 2017, Ch. 27, Sec. 107. ) ## 26228.3. The board of directors of every association shall cause to be sent to the members of the association not later than 120 days after the close of the fiscal or calendar year an annual report of the operations of the association, unless the report is expressly dispensed with in the bylaws. If required by the bylaws, interim reports of the operations of the association for the three-month, six-month, or nine-month periods of the current fiscal year of the association shall be furnished to the members of the association. Such annual report and any such interim reports shall include a balance sheet as of such closing date. Such financial statement shall be prepared from, and be in accordance with, the books. It shall be prepared in a form that is sanctioned by sound accounting practice for the association or approved by a duly certified public accountant or a public accountant. (Added by Stats. 2017, Ch. 27, Sec. 107. (SB 94) Effective June 27, 2017.)
  53. 26229.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 22. Cannabis Cooperative Associations [26220 - 26231.2] ( Chapter 22 added by Stats. 2017, Ch. 27, Sec. 107. ) ## ARTICLE 9. Members [26229 - 26229.8] ( Article 9 added by Stats. 2017, Ch. 27, Sec. 107. )

    Verify source ↗

    An association may admit members or issue common stock only to persons who cultivate a cannabis product handled by or through the association, and only under its bylaws.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 22. Cannabis Cooperative Associations [26220 - 26231.2] ( Chapter 22 added by Stats. 2017, Ch. 27, Sec. 107. ) ## ARTICLE 9. Members [26229 - 26229.8] ( Article 9 added by Stats. 2017, Ch. 27, Sec. 107. ) ## 26229. Under the terms and conditions that are prescribed in the bylaws adopted by it, an association may admit as members or issue common stock only to persons engaged in the cultivation of a cannabis product that is to be handled by or through the association. (Added by Stats. 2017, Ch. 27, Sec. 107. (SB 94) Effective June 27, 2017.)
  54. 26229.1.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 22. Cannabis Cooperative Associations [26220 - 26231.2] ( Chapter 22 added by Stats. 2017, Ch. 27, Sec. 107. ) ## ARTICLE 9. Members [26229 - 26229.8] ( Article 9 added by Stats. 2017, Ch. 27, Sec. 107. )

    Verify source ↗

    A non-natural-person member of a nonstock association may be represented by an authorized individual, associate, officer, manager, or member.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 22. Cannabis Cooperative Associations [26220 - 26231.2] ( Chapter 22 added by Stats. 2017, Ch. 27, Sec. 107. ) ## ARTICLE 9. Members [26229 - 26229.8] ( Article 9 added by Stats. 2017, Ch. 27, Sec. 107. ) ## 26229.1. If a member of a nonstock association is other than a natural person, the member may be represented by any individual, associate, officer, or manager or member of it, who is duly authorized in writing. (Added by Stats. 2017, Ch. 27, Sec. 107. (SB 94) Effective June 27, 2017.)
  55. 26229.2.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 22. Cannabis Cooperative Associations [26220 - 26231.2] ( Chapter 22 added by Stats. 2017, Ch. 27, Sec. 107. ) ## ARTICLE 9. Members [26229 - 26229.8] ( Article 9 added by Stats. 2017, Ch. 27, Sec. 107. )

    Verify source ↗

    Any association may become a member or stockholder of another association.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 22. Cannabis Cooperative Associations [26220 - 26231.2] ( Chapter 22 added by Stats. 2017, Ch. 27, Sec. 107. ) ## ARTICLE 9. Members [26229 - 26229.8] ( Article 9 added by Stats. 2017, Ch. 27, Sec. 107. ) ## 26229.2. Any association may become a member or stockholder of any other association. (Added by Stats. 2017, Ch. 27, Sec. 107. (SB 94) Effective June 27, 2017.)
  56. 26229.3.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 22. Cannabis Cooperative Associations [26220 - 26231.2] ( Chapter 22 added by Stats. 2017, Ch. 27, Sec. 107. ) ## ARTICLE 9. Members [26229 - 26229.8] ( Article 9 added by Stats. 2017, Ch. 27, Sec. 107. )

    Verify source ↗

    A member of a no-share association who has paid the membership fee in full must receive a membership certificate.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 22. Cannabis Cooperative Associations [26220 - 26231.2] ( Chapter 22 added by Stats. 2017, Ch. 27, Sec. 107. ) ## ARTICLE 9. Members [26229 - 26229.8] ( Article 9 added by Stats. 2017, Ch. 27, Sec. 107. ) ## 26229.3. If a member of an association that is established without shares of stock has paid his membership fee in full, he or she shall receive a certificate of membership. (Added by Stats. 2017, Ch. 27, Sec. 107. (SB 94) Effective June 27, 2017.)
  57. 26229.4.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 22. Cannabis Cooperative Associations [26220 - 26231.2] ( Chapter 22 added by Stats. 2017, Ch. 27, Sec. 107. ) ## ARTICLE 9. Members [26229 - 26229.8] ( Article 9 added by Stats. 2017, Ch. 27, Sec. 107. )

    Verify source ↗

    An association may not issue stock certificates to a member until the stock is fully paid for, may accept members’ promissory notes as payment, and must hold the stock as security without affecting the member’s vote.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 22. Cannabis Cooperative Associations [26220 - 26231.2] ( Chapter 22 added by Stats. 2017, Ch. 27, Sec. 107. ) ## ARTICLE 9. Members [26229 - 26229.8] ( Article 9 added by Stats. 2017, Ch. 27, Sec. 107. ) ## 26229.4. An association shall not issue a certificate for stock to a member until it has been fully paid for. The promissory notes of the members may be accepted by the association as full or partial payment. The association shall hold the stock as security for the payment of the note, but the retention as security does not affect the member’s right to vote. (Added by Stats. 2017, Ch. 27, Sec. 107. (SB 94) Effective June 27, 2017.)
  58. 26229.5.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 22. Cannabis Cooperative Associations [26220 - 26231.2] ( Chapter 22 added by Stats. 2017, Ch. 27, Sec. 107. ) ## ARTICLE 9. Members [26229 - 26229.8] ( Article 9 added by Stats. 2017, Ch. 27, Sec. 107. )

    Verify source ↗

    An association may use its bylaws to limit how much common stock any member may own.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 22. Cannabis Cooperative Associations [26220 - 26231.2] ( Chapter 22 added by Stats. 2017, Ch. 27, Sec. 107. ) ## ARTICLE 9. Members [26229 - 26229.8] ( Article 9 added by Stats. 2017, Ch. 27, Sec. 107. ) ## 26229.5. An association, in its bylaws, may limit the amount of common stock that any member may own. (Added by Stats. 2017, Ch. 27, Sec. 107. (SB 94) Effective June 27, 2017.)
  59. 26229.6.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 22. Cannabis Cooperative Associations [26220 - 26231.2] ( Chapter 22 added by Stats. 2017, Ch. 27, Sec. 107. ) ## ARTICLE 9. Members [26229 - 26229.8] ( Article 9 added by Stats. 2017, Ch. 27, Sec. 107. )

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    The bylaws must prohibit transfers of common stock or membership certificates to people who are not qualified shareholders or members.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 22. Cannabis Cooperative Associations [26220 - 26231.2] ( Chapter 22 added by Stats. 2017, Ch. 27, Sec. 107. ) ## ARTICLE 9. Members [26229 - 26229.8] ( Article 9 added by Stats. 2017, Ch. 27, Sec. 107. ) ## 26229.6. The bylaws shall prohibit the transfer of the common stock or membership certificates of the associations to a person that is not qualified to be a shareholder or member as specified in this chapter. These restrictions shall be printed upon every certificate of stock or membership that is subject to them. (Added by Stats. 2017, Ch. 27, Sec. 107. (SB 94) Effective June 27, 2017.)
  60. 26229.7.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 22. Cannabis Cooperative Associations [26220 - 26231.2] ( Chapter 22 added by Stats. 2017, Ch. 27, Sec. 107. ) ## ARTICLE 9. Members [26229 - 26229.8] ( Article 9 added by Stats. 2017, Ch. 27, Sec. 107. )

    Verify source ↗

    The association may buy in or purchase its common stock, as allowed by its bylaws, unless its debts exceed 50% of its assets.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 22. Cannabis Cooperative Associations [26220 - 26231.2] ( Chapter 22 added by Stats. 2017, Ch. 27, Sec. 107. ) ## ARTICLE 9. Members [26229 - 26229.8] ( Article 9 added by Stats. 2017, Ch. 27, Sec. 107. ) ## 26229.7. The association may, at any time, as specified in the bylaws, except when the debts of the association exceed 50 percent of its assets, buy in or purchase its common stock at the book value of the common stock, as conclusively determined by the board of directors, and pay for it in cash within one year thereafter. (Added by Stats. 2017, Ch. 27, Sec. 107. (SB 94) Effective June 27, 2017.)
  61. 26229.8.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 22. Cannabis Cooperative Associations [26220 - 26231.2] ( Chapter 22 added by Stats. 2017, Ch. 27, Sec. 107. ) ## ARTICLE 9. Members [26229 - 26229.8] ( Article 9 added by Stats. 2017, Ch. 27, Sec. 107. )

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    A member or stockholder is not liable for the association’s debts beyond the unpaid amount of the membership fee, stock subscription, or related promissory note.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 22. Cannabis Cooperative Associations [26220 - 26231.2] ( Chapter 22 added by Stats. 2017, Ch. 27, Sec. 107. ) ## ARTICLE 9. Members [26229 - 26229.8] ( Article 9 added by Stats. 2017, Ch. 27, Sec. 107. ) ## 26229.8. A member or stockholder is not liable for the debts of the association to an amount that exceeds the sum that remains unpaid on his membership fee or his subscription to the capital stock, including any unpaid balance on any promissory note that is given in payment of the membership fee or the subscription to the capital stock. (Added by Stats. 2017, Ch. 27, Sec. 107. (SB 94) Effective June 27, 2017.)
  62. 2623.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.7. Physical Therapy [2600 - 2696] ( Chapter 5.7 added by Stats. 1953, Ch. 1826. ) ## ARTICLE 2. Scope of Regulation and Exemptions [2620 - 2634] ( Heading of Article 2 amended by Stats. 2013, Ch. 389, Sec. 20. )

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    The board may change professional conduct rules for physical therapy by regulation, and every board licensee must follow the board’s adopted rules and standards.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.7. Physical Therapy [2600 - 2696] ( Chapter 5.7 added by Stats. 1953, Ch. 1826. ) ## ARTICLE 2. Scope of Regulation and Exemptions [2620 - 2634] ( Heading of Article 2 amended by Stats. 2013, Ch. 389, Sec. 20. ) ## 2623. The board may, by regulation, prescribe, amend, or repeal any rules contained within a code of professional conduct appropriate to the establishment and maintenance of integrity and dignity in the profession of physical therapy. Every licensee of the board shall be governed and controlled by the rules and standards adopted by the board. (Added by Stats. 2013, Ch. 389, Sec. 24. (SB 198) Effective January 1, 2014.)
  63. 26230.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 22. Cannabis Cooperative Associations [26220 - 26231.2] ( Chapter 22 added by Stats. 2017, Ch. 27, Sec. 107. ) ## ARTICLE 10. Marketing Contracts [26230 - 26230.3] ( Article 10 added by Stats. 2017, Ch. 27, Sec. 107. )

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    The association and its members may enter marketing contracts that can require members to sell cannabis products exclusively through the association or an association-created facility, for up to 15 years.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 22. Cannabis Cooperative Associations [26220 - 26231.2] ( Chapter 22 added by Stats. 2017, Ch. 27, Sec. 107. ) ## ARTICLE 10. Marketing Contracts [26230 - 26230.3] ( Article 10 added by Stats. 2017, Ch. 27, Sec. 107. ) ## 26230. The association and its members may make and execute marketing contracts that require the members to sell, for any period of time, but not over 15 years, all or a specified part of a cannabis product exclusively to or through the association, or a facility that is created by the association. If the members contract a sale to the association, title to the cannabis product passes absolutely and unreservedly, except for recorded liens, to the association upon delivery or at another specified time that is expressly and definitely agreed in the contract. (Added by Stats. 2017, Ch. 27, Sec. 107. (SB 94) Effective June 27, 2017.)
  64. 26230.1.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 22. Cannabis Cooperative Associations [26220 - 26231.2] ( Chapter 22 added by Stats. 2017, Ch. 27, Sec. 107. ) ## ARTICLE 10. Marketing Contracts [26230 - 26230.3] ( Article 10 added by Stats. 2017, Ch. 27, Sec. 107. )

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    An association may specifically enforce certain cannabis delivery contracts made by its member or stockholder.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 22. Cannabis Cooperative Associations [26220 - 26231.2] ( Chapter 22 added by Stats. 2017, Ch. 27, Sec. 107. ) ## ARTICLE 10. Marketing Contracts [26230 - 26230.3] ( Article 10 added by Stats. 2017, Ch. 27, Sec. 107. ) ## 26230.1. Notwithstanding any provisions of the Civil Code, a contract that is entered into by a member or stockholder of an association that provides for the delivery to the association of a cannabis product that is produced or acquired by the member or stockholder may be specifically enforced by the association to secure the delivery to it of the cannabis product. (Added by Stats. 2017, Ch. 27, Sec. 107. (SB 94) Effective June 27, 2017.)
  65. 26230.2.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 22. Cannabis Cooperative Associations [26220 - 26231.2] ( Chapter 22 added by Stats. 2017, Ch. 27, Sec. 107. ) ## ARTICLE 10. Marketing Contracts [26230 - 26230.3] ( Article 10 added by Stats. 2017, Ch. 27, Sec. 107. )

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    A marketing contract or bylaws may set liquidated damages for breaches involving cannabis product sale, delivery, or withholding, and may require the member to pay related costs and fees if the association sues on the contract.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 22. Cannabis Cooperative Associations [26220 - 26231.2] ( Chapter 22 added by Stats. 2017, Ch. 27, Sec. 107. ) ## ARTICLE 10. Marketing Contracts [26230 - 26230.3] ( Article 10 added by Stats. 2017, Ch. 27, Sec. 107. ) ## 26230.2. The bylaws or a marketing contract may fix, as liquidated damages, specific sums to be paid by the member or stockholder to the association upon the breach by him or her of any provision of the marketing contract regarding the sale or delivery or withholding of a cannabis product and may provide that the member will pay all costs, premiums for bonds, expenses, and fees, if any action is brought upon the contract by the association. These provisions are valid and enforceable in the courts of this state. The clauses that provide for liquidated damages are enforceable as such and shall not be regarded as penalties. (Added by Stats. 2017, Ch. 27, Sec. 107. (SB 94) Effective June 27, 2017.)
  66. 26230.3.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 22. Cannabis Cooperative Associations [26220 - 26231.2] ( Chapter 22 added by Stats. 2017, Ch. 27, Sec. 107. ) ## ARTICLE 10. Marketing Contracts [26230 - 26230.3] ( Article 10 added by Stats. 2017, Ch. 27, Sec. 107. )

    Verify source ↗

    If a member breaches or threatens to breach a marketing contract, the association may seek injunctive and specific-performance relief.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 22. Cannabis Cooperative Associations [26220 - 26231.2] ( Chapter 22 added by Stats. 2017, Ch. 27, Sec. 107. ) ## ARTICLE 10. Marketing Contracts [26230 - 26230.3] ( Article 10 added by Stats. 2017, Ch. 27, Sec. 107. ) ## 26230.3. If there is a breach or threatened breach of a marketing contract by a member, the association shall be entitled to an injunction to prevent the further breach of the contract and to a decree of specific performance of the contract. Pending the adjudication of the action and upon filing a verified complaint that shows the breach or threatened breach, and upon filing a sufficient bond, the association shall be entitled to a temporary restraining order and preliminary injunction against the member. (Added by Stats. 2017, Ch. 27, Sec. 107. (SB 94) Effective June 27, 2017.)
  67. 26231.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 22. Cannabis Cooperative Associations [26220 - 26231.2] ( Chapter 22 added by Stats. 2017, Ch. 27, Sec. 107. ) ## ARTICLE 11. Reorganization of Corporations Organized Pursuant to Other Laws [26231 - 26231.2] ( Article 11 added by Stats. 2017, Ch. 27, Sec. 107. )

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    Some corporations may be brought under this chapter by amending their articles of incorporation to match the general corporation laws.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 22. Cannabis Cooperative Associations [26220 - 26231.2] ( Chapter 22 added by Stats. 2017, Ch. 27, Sec. 107. ) ## ARTICLE 11. Reorganization of Corporations Organized Pursuant to Other Laws [26231 - 26231.2] ( Article 11 added by Stats. 2017, Ch. 27, Sec. 107. ) ## 26231. A corporation that is organized or existing pursuant to any law except Part 12 (commencing with Section 14550) of Division 3 of Title 1 of the Corporations Code may be brought under the provisions of this chapter by amending its articles of incorporation, in the manner that is prescribed by the general corporation laws, to conform to this chapter. If a corporation amends its articles of incorporation to conform to this chapter, it shall be deemed to be organized and existing pursuant to, and entitled to the benefit of, and subject to this chapter for all purposes and as fully as though it had been originally organized pursuant to this chapter. (Amended by Stats. 2018, Ch. 92, Sec. 32. (SB 1289) Effective January 1, 2019.)
  68. 26231.1.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 22. Cannabis Cooperative Associations [26220 - 26231.2] ( Chapter 22 added by Stats. 2017, Ch. 27, Sec. 107. ) ## ARTICLE 11. Reorganization of Corporations Organized Pursuant to Other Laws [26231 - 26231.2] ( Article 11 added by Stats. 2017, Ch. 27, Sec. 107. )

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    Articles of incorporation are treated as conforming to this chapter if they clearly show the corporation wants to be organized and operate under it.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 22. Cannabis Cooperative Associations [26220 - 26231.2] ( Chapter 22 added by Stats. 2017, Ch. 27, Sec. 107. ) ## ARTICLE 11. Reorganization of Corporations Organized Pursuant to Other Laws [26231 - 26231.2] ( Article 11 added by Stats. 2017, Ch. 27, Sec. 107. ) ## 26231.1. Articles of incorporation shall be deemed to conform to this chapter within the meaning of Section 26231 if it clearly appears from the articles of incorporation that the corporation desires to be subject to, and to be organized, exist, and function pursuant to this chapter. (Added by Stats. 2017, Ch. 27, Sec. 107. (SB 94) Effective June 27, 2017.)
  69. 26231.2.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 22. Cannabis Cooperative Associations [26220 - 26231.2] ( Chapter 22 added by Stats. 2017, Ch. 27, Sec. 107. ) ## ARTICLE 11. Reorganization of Corporations Organized Pursuant to Other Laws [26231 - 26231.2] ( Article 11 added by Stats. 2017, Ch. 27, Sec. 107. )

    Verify source ↗

    If amended articles conform under Section 26231.1, earlier charter provisions are ineffective when they do not apply to, or conflict with, this chapter.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 22. Cannabis Cooperative Associations [26220 - 26231.2] ( Chapter 22 added by Stats. 2017, Ch. 27, Sec. 107. ) ## ARTICLE 11. Reorganization of Corporations Organized Pursuant to Other Laws [26231 - 26231.2] ( Article 11 added by Stats. 2017, Ch. 27, Sec. 107. ) ## 26231.2. If the amended articles conform, as provided in Section 26231.1, provisions in the articles of incorporation that appeared in the original articles or some previous amended articles, are ineffective if, and to the extent that, they are inapplicable to, or inconsistent with, this chapter. (Added by Stats. 2017, Ch. 27, Sec. 107. (SB 94) Effective June 27, 2017.)
  70. 26240.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 23. The California Cannabis Equity Act [26240 - 26250] ( Chapter 23 added by Stats. 2018, Ch. 794, Sec. 3. )

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    This section defines key terms used in the California Cannabis Equity Act, including eligible local jurisdiction, equity assessment, local equity applicant, local equity licensee, local equity program, and transitional worker.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 23. The California Cannabis Equity Act [26240 - 26250] ( Chapter 23 added by Stats. 2018, Ch. 794, Sec. 3. ) ## 26240. For purposes of this chapter, the following definitions apply: (a) “Eligible local jurisdiction” means a local jurisdiction that demonstrates an intent to develop a local program or that has adopted or operates a local equity program. (b) “Equity assessment” means an assessment conducted by the local jurisdiction that was used to inform the creation of a local equity program, and that assessment may include the following: (1) Reference to local historical rates of arrests or convictions for cannabis law violations. (2) Identification of the impacts that cannabis-related policies have had historically on communities and populations within that local jurisdiction. (3) Other information that demonstrates how individuals and communities within the local jurisdiction have been disproportionately or negatively impacted by the War on Drugs. (c) “Local equity applicant” means an applicant who has submitted, or will submit, an application to a local jurisdiction to engage in commercial cannabis activity within the jurisdictional boundaries of that jurisdiction and who meets the requirements of that jurisdiction’s local equity program. (d) “Local equity licensee” means a person who has obtained a license from a local jurisdiction to engage in commercial cannabis activity within the jurisdictional boundaries of that jurisdiction and who meets the requirements of that jurisdiction’s local equity program. (e) “Local equity program” means a program adopted or operated by a local jurisdiction that focuses on inclusion and support of individuals and communities in California’s cannabis industry who are linked to populations or neighborhoods that were negatively or disproportionately impacted by cannabis criminalization as evidenced by the local jurisdiction’s equity assessment. Local equity programs may include, but are not limited to, the following types of services: (1) Small business support services offering technical assistance or professional and mentorship services to those persons from economically disadvantaged communities that experience high rates of poverty or communities most harmed by cannabis prohibition, determined by historically high rates of arrests or convictions for cannabis law violations. (2) Tiered fees or fee waivers for cannabis-related permits and licenses. (3) Assistance in paying state regulatory and licensing fees. (4) Assistance securing business locations prior to or during the application process. (5) Assistance securing capital investments or direct access to capital. (6) Assistance with regulatory compliance. (7) Assistance in recruitment, training, and retention of a qualified and diverse workforce, including transitional workers. (8) Other services deemed by the Governor’s Office of Business and Economic Development to be consistent with the intent of this chapter. (f) “Transitional worker” means a person who, at the time of starting employment at the business premises, resides in a ZIP Code or census track area with higher than average unemployment, crime, or child death rates, and faces at least one of the following barriers to employment: (1) is homeless; (2) is a custodial single parent; (3) is receiving public assistance; (4) lacks a GED or high school diploma; (5) has a criminal record or other involvement with the criminal justice system; (6) suffers from chronic unemployment; (7) is emancipated from the foster care system; (8) is a veteran; or (9) is over 65 years of age and is financially compromised. (Amended by Stats. 2021, Ch. 70, Sec. 91. (AB 141) Effective July 12, 2021.)
  71. 26242.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 23. The California Cannabis Equity Act [26240 - 26250] ( Chapter 23 added by Stats. 2018, Ch. 794, Sec. 3. )

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    The department may provide technical assistance to local equity programs, and it must decide requests individually based on reasonableness and available resources.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 23. The California Cannabis Equity Act [26240 - 26250] ( Chapter 23 added by Stats. 2018, Ch. 794, Sec. 3. ) ## 26242. (a) The department may provide technical assistance to a local equity program that helps local equity applicants or local equity licensees. When determining whether to provide technical assistance, the department shall make individual determinations based on the reasonableness of the request and available resources. (b) “Technical assistance” includes providing training and educational sessions regarding state cannabis licensing and regulatory processes and requirements to equity applicants or equity licensees that are coordinated with the local equity program. (Amended by Stats. 2021, Ch. 70, Sec. 92. (AB 141) Effective July 12, 2021.)
  72. 26244.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 23. The California Cannabis Equity Act [26240 - 26250] ( Chapter 23 added by Stats. 2018, Ch. 794, Sec. 3. )

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    This section lets an eligible local jurisdiction apply for a cannabis equity grant, requires reporting and limits admin spending if it gets funding, and lets the state office issue implementation guidelines.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 23. The California Cannabis Equity Act [26240 - 26250] ( Chapter 23 added by Stats. 2018, Ch. 794, Sec. 3. ) ## 26244. (a) (1) An eligible local jurisdiction may, in the form and manner prescribed by the Governor’s Office of Business and Economic Development, submit an application to the Governor’s Office of Business and Economic Development for a grant to assist with the development of an equity program or to assist local equity applicants and local equity licensees through that local jurisdiction’s equity program. (2) An eligible local jurisdiction that has a local equity program shall include in its application submitted pursuant to paragraph (1) the equity assessment that was used to inform the creation of the local equity program. (3) The Governor’s Office of Business and Economic Development shall consider the following factors when reviewing an application: (A) Whether the local jurisdiction is an eligible local jurisdiction. (B) Whether the local jurisdiction has identified communities and populations within that local jurisdiction that have been disproportionately or negatively impacted by arrests and convictions for cannabis law violations and has demonstrated a nexus between the individuals served through the local equity program and the communities and populations identified by the local jurisdiction. (C) Whether the local jurisdiction has adopted or operates a local equity program, and, if so, the Governor’s Office of Business and Economic Development shall consider the following: (i) How long the local jurisdiction has operated the program. (ii) The outcomes of the program. (D) Whether the local jurisdiction has demonstrated the ability to provide, or created a plan to provide, the services identified in subdivision (b). (E) Whether the local jurisdiction has demonstrated a financial commitment to the implementation and administration of the program. (F) Whether the local jurisdiction has demonstrated a commitment to remove, or has taken steps to remove, local barriers to entering the legal cannabis market for local equity applicants and local equity licensees, including, but not limited to, developing a local regulatory framework that facilitates an equitable and economically just industry. (G) The number of existing and potential local equity applicants and local equity licensees in the local jurisdiction. (H) Any additional relevant and reasonable criteria the Governor’s Office of Business and Economic Development deems necessary. (4) The Governor’s Office of Business and Economic Development shall grant funding to an eligible local jurisdiction based on the eligible local jurisdiction’s compliance with paragraph (2), if applicable, and its review of the factors in paragraph (3). (b) (1) An eligible local jurisdiction that receives a grant pursuant to subdivision (a) shall use grant funds to do either of the following: (A) Assist the local jurisdiction in the development of a local equity program. (B) Assist local equity applicants or local equity licensees in that local jurisdiction to gain entry to, and to successfully operate in, the state’s regulated cannabis marketplace. (2) For purposes of this subdivision, “assist” includes, but is not limited to, any of the following methods: (A) To provide a low-interest or no-interest loan or a grant to a local equity applicant or local equity licensee to assist the applicant or licensee with startup and ongoing costs. For purposes of this paragraph, “startup and ongoing costs” include, but are not limited to, the following: (i) Rent. (ii) Leases. (iii) Local and state application, licensing, and regulatory fees. (iv) Legal assistance. (v) Regulatory compliance. (vi) Testing of cannabis. (vii) Furniture. (viii) Fixtures and equipment. (ix) Capital improvements. (x) Training and retention of a qualified and diverse workforce. (B) To support local equity program efforts to provide sources of capital to local equity applicants and local equity licensees. (C) To provide or fund direct technical assistance to local equity applicants and local equity licensees. (D) To assist in the development or administration of local equity programs. (E) To fund the creation of an equity assessment to inform the development of a local equity program. (c) An eligible local jurisdiction that receives a grant pursuant to subdivision (a) shall, on or before January 1 of the year following receipt of the grant and annually thereafter for each year that grant funds are expended, submit an annual report to the Governor’s Office of Business and Economic Development that includes all of the following information: (1) How the local jurisdiction disbursed grant funds. (2) How the local jurisdiction identified local equity applicants or local equity licensees, including how the local jurisdiction determines who qualifies as a local equity applicant or local equity licensee. (3) The number of local equity applicants and local equity licensees that were served by the grant funds. (4) Aggregate demographic data on equity applicants, equity licensees, and all other applicants and licensees in the jurisdiction, including, but not limited to, race, ethnicity, gender, sexual orientation, income level, education level, prior convictions, and veteran status. This information will be consolidated and reported without the individual’s identifying information. (5) If the local jurisdiction requires equity applicants to become eligible through specific ownership percentages, a breakdown of equity applicants’ and equity licensees’ business ownership types and percentages of ownership. (6) Other information that the Governor’s Office of Business and Economic Development deems necessary to evaluate the outcomes of the program consistent with the intent of this chapter and that was specified in the grant agreement between the Governor’s Office of Business and Economic Development and the local jurisdiction. (d) An eligible local jurisdiction that receives a grant pursuant to this section shall use no more than 10 percent of the state grant for administration, including employing staff or hiring consultants to administer grants and the program. (e) The Governor’s Office of Business and Economic Development may review, adopt, amend, and repeal guidelines to implement uniform standards, criteria, requirements, or forms that supplement or clarify the terms, references, or standards set forth in this section and Section 26240. The adoption, amendment, or repeal of a guideline, term, or standard authorized by this subdivision is hereby exempted from the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). (Amended by Stats. 2021, Ch. 70, Sec. 93. (AB 141) Effective July 12, 2021.)
  73. 26246.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 23. The California Cannabis Equity Act [26240 - 26250] ( Chapter 23 added by Stats. 2018, Ch. 794, Sec. 3. )

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    The department must act as a contact point for local equity programs, and the Governor’s Office of Business and Economic Development must publish certain local equity ordinances on its website by January 1, 2022.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 23. The California Cannabis Equity Act [26240 - 26250] ( Chapter 23 added by Stats. 2018, Ch. 794, Sec. 3. ) ## 26246. (a) To facilitate greater equity in business ownership and employment in the cannabis market, the department shall serve as a point of contact for local equity programs. (b) On or before January 1, 2022, the Governor’s Office of Business and Economic Development shall publish on its internet website local equity ordinances that have been enacted by the legislative body of the respective local jurisdiction, and model local equity ordinances created by advocacy groups and experts. Advocacy groups and experts may include, but are not limited to, minority business owners and entrepreneurs, organizations with expertise in addressing barriers to employment and licensure for low-income communities or persons with prior arrests or convictions, and unions representing cannabis workers. (c) To the extent feasible, the department and the Governor’s Office of Business and Economic Development shall coordinate with the relevant local jurisdictions to carry out the responsibilities described in this section. (Amended by Stats. 2021, Ch. 70, Sec. 94. (AB 141) Effective July 12, 2021.)
  74. 26248.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 23. The California Cannabis Equity Act [26240 - 26250] ( Chapter 23 added by Stats. 2018, Ch. 794, Sec. 3. )

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    The Governor’s Office of Business and Economic Development must submit a report to the Legislature by July 1, 2021 and every year after, and post that report on its website.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 23. The California Cannabis Equity Act [26240 - 26250] ( Chapter 23 added by Stats. 2018, Ch. 794, Sec. 3. ) ## 26248. (a) On or before July 1, 2021, and annually thereafter, the Governor’s Office of Business and Economic Development shall submit a report to the Legislature regarding the progress of local equity programs that have received funding pursuant to Section 26244. (b) The report shall include, but is not limited to, the following information: (1) The local jurisdictions that have enacted local equity programs. (2) A copy of the equity assessment and equity program description of each local jurisdiction that applied for grant funding pursuant to Section 26244. (3) The number of local equity applicants and general applicants applying for and receiving licenses in the jurisdictions that received grants pursuant to Section 26244. (4) Information collected pursuant to subdivision (c) of Section 26244. (c) The Governor’s Office of Business and Economic Development shall post the report required by this section on its internet website. (d) The report required by this section shall be submitted in compliance with Section 9795 of the Government Code, and shall apply notwithstanding Section 10231.5 of the Government Code. (Amended by Stats. 2021, Ch. 70, Sec. 95. (AB 141) Effective July 12, 2021.)
  75. 26249.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 23. The California Cannabis Equity Act [26240 - 26250] ( Chapter 23 added by Stats. 2018, Ch. 794, Sec. 3. )

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    The department must create fee-waiver and fee-deferral programs for cannabis licensing fees, and direct at least 60% of each program’s dollar amount to equity applicants and licensees.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 23. The California Cannabis Equity Act [26240 - 26250] ( Chapter 23 added by Stats. 2018, Ch. 794, Sec. 3. ) ## 26249. (a) Notwithstanding Sections 26012 and 26180: (1) On or before January 1, 2022, the department shall develop and implement a program to provide waivers for application fees, licensing fees, and renewal fees required by this division. (2) On or before January 1, 2023, the department shall develop and implement a program to provide deferrals for application fees, licensing fees, and renewal fees required by this division. (b) (1) At least 60 percent of the total dollar amount of deferrals of fees pursuant to the program developed and implemented by the department pursuant to subdivision (a) shall be allocated to the deferral of fees for equity applicants and licensees. (2) At least 60 percent of the total dollar amount of waivers of fees pursuant to the program developed and implemented by the department pursuant to subdivision (a) shall be allocated to the waiver of fees for equity applicants and licensees. (c) For purposes of this section, “equity applicants and licensees” means applicants and licensees that demonstrate all of the following: (1) (A) For applicants and licensees in local jurisdictions with local equity programs, that they are locally verified equity applicants and licensees; or (B) For applicants and licensees in local jurisdictions without local equity programs, that they are local applicants and licensees. (2) That they, either individually or in combination with other persons who qualify as equity applicants or licensees pursuant to this section, own no less than 50 percent of the business that is in the process of being licensed or is licensed. (3) That they satisfy one of the following: (A) They have previously been convicted of an offense related to the sale, possession, use, manufacture, or cultivation of cannabis, under past criminal justice policies implementing cannabis prohibition. (B) They have previously been arrested for an offense related to the sale, possession, use, manufacture, or cultivation of cannabis, under past criminal justice policies implementing cannabis prohibition. (C) Residence in a household with a household income less than or equal to 60 percent of the area median income for the applicable local jurisdiction. (D) Residence in an area with a population disproportionately impacted by past criminal justice policies implementing cannabis prohibition. (4) The eligibility for those that qualify pursuant to the criteria listed under subparagraphs (A) to (D), inclusive, of paragraph (3) may be further refined by the department through regulations, including, but not limited to, regulations regarding the following: (A) Criteria regarding the license or licenses an applicant or licensee may seek or hold. (B) Criteria regarding the time period or length of time in which an applicant or licensee resided in a low-income household for purposes of subparagraph (C) of paragraph (3), or in an area with a population disproportionately impacted by past criminal justice policies implementing cannabis prohibition for purposes of subparagraph (D) of paragraph (3). (d) The department may adopt regulations, including emergency regulations to implement this section. The adoption, amendment, repeal, or readoption of a regulation authorized by this section is deemed to address an emergency, for purposes of Sections 11346.1 and 11349.6 of the Government Code, and the department is hereby exempted from the requirements of subdivision (b) of Section 11346.1 of the Government Code. (e) The operation of this section is contingent upon an appropriation in the annual Budget Act or another statute for purposes of this section. (Amended by Stats. 2021, Ch. 260, Sec. 2. (SB 166) Effective September 23, 2021.)
  76. 26250.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 23. The California Cannabis Equity Act [26240 - 26250] ( Chapter 23 added by Stats. 2018, Ch. 794, Sec. 3. )

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    This chapter’s provisions are severable, and if one provision or its application is invalid, the rest of the chapter can still be given effect.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 23. The California Cannabis Equity Act [26240 - 26250] ( Chapter 23 added by Stats. 2018, Ch. 794, Sec. 3. ) ## 26250. The provisions of this chapter are severable. If any provision of this chapter or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application. (Added by Stats. 2018, Ch. 794, Sec. 3. (SB 1294) Effective January 1, 2019.)
  77. 26260.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 24. Information Sharing with Financial Institutions [26260 - 26261] ( Chapter 24 added by Stats. 2020, Ch. 270, Sec. 1. )

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    Licensed cannabis persons may ask for their licensing and financial information to be shared with a chosen financial institution, and the government must stop sharing if the waiver is withdrawn.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 24. Information Sharing with Financial Institutions [26260 - 26261] ( Chapter 24 added by Stats. 2020, Ch. 270, Sec. 1. ) ## 26260. (a) An entity that receives deposits, extends credit, conducts fund transfers, transports cash or financial instruments, or provides other financial services does not commit a crime under any California law, including Chapter 10 (commencing with Section 186.9) of Title 7 of Part 1 of the Penal Code, solely by virtue of the fact that the person receiving the benefit of any of those services engages in commercial cannabis activity as a licensee pursuant to this division. (b) (1) A person licensed to engage in commercial cannabis activity pursuant to this division may request in writing that the department, a local licensing authority, a state or local agency, or a joint powers authority share the person’s application, license, and other regulatory and financial information with a financial institution of the person’s designation. The person shall include in that written request a waiver authorizing the transfer of that information and waiving any confidentiality or privilege that applies to that information. (2) Notwithstanding any other law that might proscribe the disclosure of application, licensee, and other regulatory and financial information, upon receipt of a written request and waiver pursuant to paragraph (1), the department, a local licensing authority, a state or local agency, or a joint powers authority may share application, licensee, and other regulatory and financial information with the financial institution designated by the licensee in that request for the purpose of facilitating the provision of financial services for that licensee. (3) A person who provides a waiver may withdraw that waiver at any time. Upon receipt of the withdrawal, the department, local licensing authority, state or local agency, or joint powers authority shall cease to share application, licensee, or other regulatory or financial information with the financial institution. (c) For purposes of this section, all of the following definitions apply: (1) “Application, licensee, and other regulatory and financial information” includes, but is not limited to, information in the track and trace system established pursuant to Sections 26067 and 26068. (2) “Entity” means a financial institution as defined in this section, an armored car service licensed by the Department of the California Highway Patrol pursuant to Section 2510 of the Vehicle Code that has been contracted by a financial institution, or a person providing financial services to persons licensed to engage in commercial cannabis activity pursuant to this division. (3) “Financial institutions” means a licensee defined in Section 185 of the Financial Code. (4) “Firm” has the same meaning as in Section 5035.1. (5) “Joint powers authority” is one formed pursuant to Chapter 5 (commencing with Section 6500) of Division 7 of Title 1 of the Government Code. (6) “State or local agency” has the same meaning as in Section 50001 of the Government Code. (d) An individual or firm, that practices public accounting pursuant to Chapter 1 (commencing with Section 5000) of Division 3, does not commit a crime under California law solely for providing professional accounting services as specified to persons licensed to engage in commercial cannabis activity pursuant to this division. (e) This section shall be construed to refer only to the disclosure of information by the department, a local licensing authority, a state or local agency, or a joint powers authority reasonably necessary to facilitate the provision of financial services for the licensee making a request pursuant to this section. Nothing in this section shall be construed to authorize the disclosure of confidential or privileged information, nor waive a licensee’s rights to assert confidentiality or privilege, except to a financial institution as provided herein and except as reasonably necessary to facilitate the provision of financial services for the licensee making the request. (Amended by Stats. 2021, Ch. 70, Sec. 97. (AB 141) Effective July 12, 2021.)
  78. 26261.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 24. Information Sharing with Financial Institutions [26260 - 26261] ( Chapter 24 added by Stats. 2020, Ch. 270, Sec. 1. )

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    A licensed individual or firm is exempt from California crime liability solely for providing insurance or related services to licensed commercial cannabis businesses.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 24. Information Sharing with Financial Institutions [26260 - 26261] ( Chapter 24 added by Stats. 2020, Ch. 270, Sec. 1. ) ## 26261. An individual or firm, that is licensed by the Department of Insurance pursuant to Chapter 5 (commencing with Section 1621), Chapter 6 (commencing with Section 1760), or Chapter 8 (commencing with Section 1831) of Part 2 of Division 1 of the Insurance Code, does not commit a crime under California law solely for providing insurance or related services to persons licensed to engage in commercial cannabis activity pursuant to this division. (Added by Stats. 2022, Ch. 393, Sec. 1. (AB 2568) Effective January 1, 2023.)
  79. 2630.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.7. Physical Therapy [2600 - 2696] ( Chapter 5.7 added by Stats. 1953, Ch. 1826. ) ## ARTICLE 2. Scope of Regulation and Exemptions [2620 - 2634] ( Heading of Article 2 amended by Stats. 2013, Ch. 389, Sec. 20. )

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    A person may not practice or offer to practice physical therapy, or hold out as a physical therapist, in this state for compensation unless they have a valid, unexpired, and unrevoked license, subject to specified exceptions.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.7. Physical Therapy [2600 - 2696] ( Chapter 5.7 added by Stats. 1953, Ch. 1826. ) ## ARTICLE 2. Scope of Regulation and Exemptions [2620 - 2634] ( Heading of Article 2 amended by Stats. 2013, Ch. 389, Sec. 20. ) ## 2630. It is unlawful for any person or persons to practice, or offer to practice, physical therapy in this state for compensation received or expected, or to hold himself or herself out as a physical therapist, unless at the time of so doing the person holds a valid, unexpired, and unrevoked physical therapist license issued under this chapter, except as authorized by subdivisions (c), (d), (e), and (g) of Section 2630.5. (Amended by Stats. 2013, Ch. 389, Sec. 26. (SB 198) Effective January 1, 2014.)
  80. 2630.3.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.7. Physical Therapy [2600 - 2696] ( Chapter 5.7 added by Stats. 1953, Ch. 1826. ) ## ARTICLE 2. Scope of Regulation and Exemptions [2620 - 2634] ( Heading of Article 2 amended by Stats. 2013, Ch. 389, Sec. 20. )

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    Physical therapist assistants may assist in physical therapy only under a board-licensed physical therapist’s supervision, and assistants may not do patient evaluations or discharge summaries.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.7. Physical Therapy [2600 - 2696] ( Chapter 5.7 added by Stats. 1953, Ch. 1826. ) ## ARTICLE 2. Scope of Regulation and Exemptions [2620 - 2634] ( Heading of Article 2 amended by Stats. 2013, Ch. 389, Sec. 20. ) ## 2630.3. (a) A licensed physical therapist assistant holding a valid, unexpired, and unrevoked physical therapist assistant license may assist in the provision of physical therapy services only under the supervision of a physical therapist licensed by the board. A licensed physical therapist shall at all times be responsible for the extent, kind, quality, and documentation of all physical therapy services provided by the physical therapist assistant. (b) It is unlawful for any person or persons to hold himself or herself out as a physical therapist assistant, unless at the time of so doing the person holds a valid, unexpired, and unrevoked physical therapist assistant license issued under this chapter, except as authorized in subdivisions (f) and (g) of Section 2630.5. (c) Physical therapist assistants shall not be independently supervised by a physical therapist license applicant, as defined in Section 2639, or a physical therapist student, as defined in Section 2633.7. (d) A physical therapist assistant shall not perform any evaluation of a patient or prepare a discharge summary. The supervising physical therapist shall determine which elements of the treatment plan, if any, shall be assigned to the physical therapist assistant. Assignment of patient care shall be commensurate with the competence of the physical therapist assistant. (Added by Stats. 2013, Ch. 389, Sec. 27. (SB 198) Effective January 1, 2014.)
  81. 2630.4.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.7. Physical Therapy [2600 - 2696] ( Chapter 5.7 added by Stats. 1953, Ch. 1826. ) ## ARTICLE 2. Scope of Regulation and Exemptions [2620 - 2634] ( Heading of Article 2 amended by Stats. 2013, Ch. 389, Sec. 20. )

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    Physical therapy aides must stay under a physical therapist’s supervision and may not independently perform physical therapy procedures.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.7. Physical Therapy [2600 - 2696] ( Chapter 5.7 added by Stats. 1953, Ch. 1826. ) ## ARTICLE 2. Scope of Regulation and Exemptions [2620 - 2634] ( Heading of Article 2 amended by Stats. 2013, Ch. 389, Sec. 20. ) ## 2630.4. (a) A “physical therapy aide” is an unlicensed person, at least 18 years of age, who aids a licensed physical therapist consistent with subdivision (b). (b) The aide shall at all times be under the supervision of the physical therapist. An aide shall not independently perform physical therapy or any physical therapy procedure. The board shall adopt regulations that set forth the standards and requirements for the supervision of an aide by a physical therapist. (c) Physical therapy aides shall not be independently supervised by a physical therapist license applicant, as defined in Section 2639, or a physical therapist student, as defined in Section 2633.7. (d) This section does not prohibit the administration by a physical therapy aide of massage, external baths, or normal exercise not a part of a physical therapy treatment. (Added by Stats. 2013, Ch. 389, Sec. 28. (SB 198) Effective January 1, 2014.)
  82. 2630.5.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.7. Physical Therapy [2600 - 2696] ( Chapter 5.7 added by Stats. 1953, Ch. 1826. ) ## ARTICLE 2. Scope of Regulation and Exemptions [2620 - 2634] ( Heading of Article 2 amended by Stats. 2013, Ch. 389, Sec. 20. )

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    This section exempts several people from physical therapy licensure rules and lets certain students, out-of-state therapists, and emergency evacuees practice only within stated limits.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.7. Physical Therapy [2600 - 2696] ( Chapter 5.7 added by Stats. 1953, Ch. 1826. ) ## ARTICLE 2. Scope of Regulation and Exemptions [2620 - 2634] ( Heading of Article 2 amended by Stats. 2013, Ch. 389, Sec. 20. ) ## 2630.5. The following persons are exempt from the licensure requirements of this chapter when engaged in the following activities: (a) A regularly matriculated physical therapist student undertaking a course of professional instruction in an approved entry-level physical therapy education program or enrolled in a program of supervised clinical education under the direction of an approved physical therapy education program as described in Section 2651. These physical therapist students may perform physical therapy as a part of their course of study. (b) A regularly matriculated physical therapist assistant student undertaking a course of instruction in an approved physical therapy education program or enrolled in a program of supervised clinical education under the direction of an approved physical therapy education program as described in Section 2651. These physical therapist assistant students may perform physical therapy techniques as a part of their course of study. (c) A physical therapist who holds a valid and unrestricted license in another jurisdiction of the United States or who is credentialed to practice physical therapy in another country if that person is researching, demonstrating, or providing physical therapy in connection with teaching or participating in an educational seminar of no more than 60 days in a calendar year. (d) A physical therapist located outside this state, when in actual consultation, whether within this state or across state lines, with a licensed physical therapist of this state, or when he or she is an invited guest of the American Physical Therapy Association or one of its components, or an invited guest of an approved physical therapy school or college for the sole purpose of engaging in professional education through lectures, clinics, or demonstrations, if, at the time of the consultation, lecture, or demonstration, he or she holds a valid and unrestricted physical therapist license in the state or country in which he or she resides. The physical therapist shall not open an office, appoint a place to meet patients, receive calls from patients within the limits of this state, give orders, or have ultimate authority over the care of a physical therapy patient who is located within this state. (e) A physical therapist who holds a valid and unrestricted license in another jurisdiction of the United States or credentialed to practice physical therapy in another country if that person, by contract or employment, is providing physical therapy to individuals affiliated with or employed by established athletic teams, athletic organizations, or performing arts companies temporarily practicing, competing, or performing in the state for no more than 60 days in a calendar year. (f) A physical therapist assistant who holds a valid and unrestricted license in another jurisdiction of the United States and is assisting a physical therapist engaged in activities described in subdivision (c), (d), or (e). (g) A physical therapist or physical therapist assistant who has a valid and unrestricted license in a jurisdiction of the United States who is forced to leave his or her residence in a state other than California due to a governmentally declared emergency. This exemption applies for no more than 60 days following the declaration of the emergency. In order to be eligible for this exemption, the physical therapist or physical therapist assistant shall notify the board of his or her intent to practice in this state and provide a valid mailing address, telephone number, and email address. (Added by Stats. 2013, Ch. 389, Sec. 29. (SB 198) Effective January 1, 2014.)
  83. 26300.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 25. Interstate Cannabis Agreements [26300 - 26308] ( Chapter 25 added by Stats. 2022, Ch. 396, Sec. 3. ) ## ARTICLE 1. Definitions [26300- 26300.] ( Article 1 added by Stats. 2022, Ch. 396, Sec. 3. )

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    This section defines key terms used in the interstate cannabis agreements chapter.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 25. Interstate Cannabis Agreements [26300 - 26308] ( Chapter 25 added by Stats. 2022, Ch. 396, Sec. 3. ) ## ARTICLE 1. Definitions [26300- 26300.] ( Article 1 added by Stats. 2022, Ch. 396, Sec. 3. ) ## 26300. As used in this chapter, the following definitions apply: (a) “Agreement” means an agreement relating to commercial cannabis authorized under this chapter and entered into between this state and another state or states. (b) “Contracting state” means a state of the United States, including a district, commonwealth, territory, or possession subject to the legislative authority of the United States, with which the Governor has entered into an agreement pursuant to this chapter. (c) “Foreign license” means a commercial cannabis license issued under the laws of another state that has entered into an agreement pursuant to this chapter. (d) “State license” means a commercial cannabis license issued by a licensing authority pursuant to this division. (Added by Stats. 2022, Ch. 396, Sec. 3. (SB 1326) Effective January 1, 2023.)
  84. 26301.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 25. Interstate Cannabis Agreements [26300 - 26308] ( Chapter 25 added by Stats. 2022, Ch. 396, Sec. 3. ) ## ARTICLE 2. Agreements [26301 - 26308] ( Article 2 added by Stats. 2022, Ch. 396, Sec. 3. )

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    The Governor may make interstate cannabis agreements, but only if the agreement meets the listed transport restrictions.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 25. Interstate Cannabis Agreements [26300 - 26308] ( Chapter 25 added by Stats. 2022, Ch. 396, Sec. 3. ) ## ARTICLE 2. Agreements [26301 - 26308] ( Article 2 added by Stats. 2022, Ch. 396, Sec. 3. ) ## 26301. (a) The Governor may enter into an agreement with another state or states authorizing medicinal or adult-use commercial cannabis activity, or both, between entities licensed under the laws of the contracting state and entities operating with a state license, provided that both of the following criteria are met: (1) The commercial cannabis activities are lawful and subject to licensure under the laws of the contracting state. (2) With respect to the interstate transportation of cannabis or cannabis products, the agreement prohibits both of the following: (A) The transportation of cannabis and cannabis products by any means other than those authorized under both the laws of the contracting state and the regulations of the department. (B) The transportation of cannabis and cannabis products through the jurisdiction of a state, district, commonwealth, territory, or possession of the United States that does not authorize that transportation. (b) Notwithstanding any other law, the execution of, and compliance with the terms of, an agreement does not constitute a project for purposes of the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code). (Added by Stats. 2022, Ch. 396, Sec. 3. (SB 1326) Effective January 1, 2023.)
  85. 26302.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 25. Interstate Cannabis Agreements [26300 - 26308] ( Chapter 25 added by Stats. 2022, Ch. 396, Sec. 3. ) ## ARTICLE 2. Agreements [26301 - 26308] ( Article 2 added by Stats. 2022, Ch. 396, Sec. 3. )

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    Foreign licensees and state licensees may engage in commercial cannabis activity with each other, but only subject to chapter limits; foreign licensees cannot do so in California without the required state or local authorization.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 25. Interstate Cannabis Agreements [26300 - 26308] ( Chapter 25 added by Stats. 2022, Ch. 396, Sec. 3. ) ## ARTICLE 2. Agreements [26301 - 26308] ( Article 2 added by Stats. 2022, Ch. 396, Sec. 3. ) ## 26302. (a) Notwithstanding any other law, a foreign licensee may engage in commercial cannabis activity with a state licensee and a state licensee may engage in commercial cannabis activity with a foreign licensee, subject to the requirements and limitations set forth in this chapter. (b) A foreign licensee shall not engage in commercial cannabis activity within the boundaries of this state without a state license, or engage in commercial cannabis activity within a local jurisdiction without a license, permit, or other authorization issued by the local jurisdiction. (c) A foreign licensee shall be subject to the jurisdiction of this state for the purpose of actions taken for violation of California commercial cannabis laws and regulations. (Added by Stats. 2022, Ch. 396, Sec. 3. (SB 1326) Effective January 1, 2023.)
  86. 26303.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 25. Interstate Cannabis Agreements [26300 - 26308] ( Chapter 25 added by Stats. 2022, Ch. 396, Sec. 3. ) ## ARTICLE 2. Agreements [26301 - 26308] ( Article 2 added by Stats. 2022, Ch. 396, Sec. 3. )

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    An agreement must require the contracting state to impose cannabis-related requirements on foreign licensees that are at least as strict as those for state licensees, and to impose similar advertising, marketing, labeling, and sale restrictions.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 25. Interstate Cannabis Agreements [26300 - 26308] ( Chapter 25 added by Stats. 2022, Ch. 396, Sec. 3. ) ## ARTICLE 2. Agreements [26301 - 26308] ( Article 2 added by Stats. 2022, Ch. 396, Sec. 3. ) ## 26303. (a) An agreement shall require that the contracting state impose requirements on foreign licensees with regard to cannabis and cannabis products to be sold or otherwise transferred or distributed within this state that meet or exceed the requirements applicable to state licensees, including all of the following: (1) Enforceable public health and safety standards that are equivalent to the requirements of this division. (2) Mandatory participation in a system administered by the state to regulate and track the cultivation, manufacturing, distribution, transportation, sale, and destruction of cannabis and cannabis products from seed to sale. (3) Standards for the testing of cannabis or cannabis products that meet or exceed the standards applicable to testing laboratories licensed under this division. (4) Requirements for the packaging and labeling of cannabis and cannabis products that meet or exceed the packaging and labeling requirements established pursuant to Chapter 12 (commencing with Section 26120). (5) Requirements for quality assurance and inspection of cannabis or cannabis products that meet or exceed the requirements applicable to cannabis or cannabis products cultivated, manufactured, or sold by state licensees. (6) Restrictions on marketing, labeling, and advertising within this state by foreign licensees that meet or exceed the restrictions on state licensees established in Section 26063 and Chapter 15 (commencing with Section 26150). (7) A process for the identification of adulterated or misbranded cannabis products, and the destruction of those products, using standards that meet or exceed the standards and procedures established pursuant to this division. (b) An agreement shall require that the contracting state impose restrictions upon advertising, marketing, labeling, or sale within the contracting state that meet or exceed the restrictions established in Section 26063. (Added by Stats. 2022, Ch. 396, Sec. 3. (SB 1326) Effective January 1, 2023.)
  87. 26304.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 25. Interstate Cannabis Agreements [26300 - 26308] ( Chapter 25 added by Stats. 2022, Ch. 396, Sec. 3. ) ## ARTICLE 2. Agreements [26301 - 26308] ( Article 2 added by Stats. 2022, Ch. 396, Sec. 3. )

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    An interstate cannabis agreement must require state regulators to respond to public health emergencies, investigate alleged noncompliance, and cooperate on investigations.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 25. Interstate Cannabis Agreements [26300 - 26308] ( Chapter 25 added by Stats. 2022, Ch. 396, Sec. 3. ) ## ARTICLE 2. Agreements [26301 - 26308] ( Article 2 added by Stats. 2022, Ch. 396, Sec. 3. ) ## 26304. (a) An agreement shall include provisions requiring the department and the appropriate regulatory authorities of the contracting state to address public health and welfare emergencies concerning cannabis or cannabis products that are sold or intended for sale within this state, including for the prompt recall or embargo of adulterated or misbranded cannabis or cannabis products. (b) An agreement shall include provisions requiring the appropriate regulatory authorities of each state to investigate instances of alleged noncompliance with the commercial cannabis regulatory programs upon request by the other state and in accordance with mutually agreed-upon procedures. An agreement shall include provisions requiring the contracting state to reasonably cooperate with California investigations concerning foreign licensees, and requiring the department to reasonably cooperate with investigations by the contracting state concerning persons or entities holding state licenses. (Added by Stats. 2022, Ch. 396, Sec. 3. (SB 1326) Effective January 1, 2023.)
  88. 26305.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 25. Interstate Cannabis Agreements [26300 - 26308] ( Chapter 25 added by Stats. 2022, Ch. 396, Sec. 3. ) ## ARTICLE 2. Agreements [26301 - 26308] ( Article 2 added by Stats. 2022, Ch. 396, Sec. 3. )

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    An agreement must include Governor-determined provisions that promote inclusion and support for cannabis-industry participants and communities linked to areas harmed by cannabis criminalization.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 25. Interstate Cannabis Agreements [26300 - 26308] ( Chapter 25 added by Stats. 2022, Ch. 396, Sec. 3. ) ## ARTICLE 2. Agreements [26301 - 26308] ( Article 2 added by Stats. 2022, Ch. 396, Sec. 3. ) ## 26305. An agreement shall include provisions determined by the Governor to promote the inclusion and support of individuals and communities in the cannabis industry who are linked to populations or neighborhoods that were negatively or disproportionately impacted by cannabis criminalization. (Added by Stats. 2022, Ch. 396, Sec. 3. (SB 1326) Effective January 1, 2023.)
  89. 26306.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 25. Interstate Cannabis Agreements [26300 - 26308] ( Chapter 25 added by Stats. 2022, Ch. 396, Sec. 3. ) ## ARTICLE 2. Agreements [26301 - 26308] ( Article 2 added by Stats. 2022, Ch. 396, Sec. 3. )

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    An agreement must include a requirement to collect all applicable taxes.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 25. Interstate Cannabis Agreements [26300 - 26308] ( Chapter 25 added by Stats. 2022, Ch. 396, Sec. 3. ) ## ARTICLE 2. Agreements [26301 - 26308] ( Article 2 added by Stats. 2022, Ch. 396, Sec. 3. ) ## 26306. An agreement shall provide for collection of all applicable taxes. (Added by Stats. 2022, Ch. 396, Sec. 3. (SB 1326) Effective January 1, 2023.)
  90. 26307.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 25. Interstate Cannabis Agreements [26300 - 26308] ( Chapter 25 added by Stats. 2022, Ch. 396, Sec. 3. ) ## ARTICLE 2. Agreements [26301 - 26308] ( Article 2 added by Stats. 2022, Ch. 396, Sec. 3. )

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    The Governor may enter cannabis agreements or amendments without APA rulemaking, but must first submit them to a legislative committee and post them for 30 days of public comment.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 25. Interstate Cannabis Agreements [26300 - 26308] ( Chapter 25 added by Stats. 2022, Ch. 396, Sec. 3. ) ## ARTICLE 2. Agreements [26301 - 26308] ( Article 2 added by Stats. 2022, Ch. 396, Sec. 3. ) ## 26307. The Governor is exempt from the rulemaking procedures and requirements of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code) when entering into agreements or amendments to agreements, provided that prior to execution of an agreement or amendment to an agreement, the Governor shall do both of the following: (a) Submit the proposed agreement or amendment to the Joint Legislative Budget Committee for review and comment. The committee shall have 60 days to review the proposed agreement or amendment and to submit written recommendations to the Governor. The committee shall only submit a recommendation to the Governor if a majority of the members agree to that recommendation. The Governor shall consider all recommendations submitted by the committee and may revise the proposed agreement or amendment to incorporate the recommendations. If the Governor does not incorporate any recommendation submitted by the committee, the Governor shall set forth, in writing, the reasons for not incorporating that recommendation. (b) Post the proposed agreement or amendment on the department’s internet website for public comment for 30 days. The comments received shall be considered by the Governor. (Added by Stats. 2022, Ch. 396, Sec. 3. (SB 1326) Effective January 1, 2023.)
  91. 26308.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 25. Interstate Cannabis Agreements [26300 - 26308] ( Chapter 25 added by Stats. 2022, Ch. 396, Sec. 3. ) ## ARTICLE 2. Agreements [26301 - 26308] ( Article 2 added by Stats. 2022, Ch. 396, Sec. 3. )

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    An interstate cannabis agreement under this chapter does not take effect unless one of four listed federal or state events occurs.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 25. Interstate Cannabis Agreements [26300 - 26308] ( Chapter 25 added by Stats. 2022, Ch. 396, Sec. 3. ) ## ARTICLE 2. Agreements [26301 - 26308] ( Article 2 added by Stats. 2022, Ch. 396, Sec. 3. ) ## 26308. (a) An agreement entered into pursuant to this chapter shall not take effect unless one of the following occurs: (1) Federal law is amended to allow for the interstate transfer of cannabis or cannabis products between authorized commercial cannabis businesses. (2) Federal law is enacted that specifically prohibits the expenditure of federal funds to prevent the interstate transfer of cannabis or cannabis products between authorized commercial cannabis businesses. (3) The United States Department of Justice issues an opinion or memorandum allowing or tolerating the interstate transfer of cannabis or cannabis products between authorized commercial cannabis businesses. (4) The Attorney General issues a written opinion, through the process established pursuant to Section 12519 of the Government Code, that state law authorization, under an agreement pursuant to this chapter, for medicinal or adult-use commercial cannabis activity, or both, between foreign licensees and state licensees will not result in significant legal risk to the State of California under the federal Controlled Substances Act, based on review of applicable law, including federal judicial decisions and administrative actions. (b) The department shall notify the Governor and the appropriate policy committees of the Legislature upon the occurrence of an event described in subdivision (a), and shall post the notification on the department’s internet website. (Added by Stats. 2022, Ch. 396, Sec. 3. (SB 1326) Effective January 1, 2023.)
  92. 26320.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 26. Medicinal Cannabis Patients’ Right of Access Act [26320 - 26325] ( Chapter 26 added by Stats. 2022, Ch. 395, Sec. 2. )

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    The Legislature states that access to medicinal cannabis is part of access to health care and that California policy is to ensure timely, convenient access to safe, effective, and affordable medicinal cannabis.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 26. Medicinal Cannabis Patients’ Right of Access Act [26320 - 26325] ( Chapter 26 added by Stats. 2022, Ch. 395, Sec. 2. ) ## 26320. The Legislature finds and declares as follows: (a) Access to medicinal cannabis is an integral aspect of access to health care, and eliminating barriers to medicinal cannabis access is essential to promoting and preserving the health of Californians for whom physicians have recommended the use of cannabis or cannabis products. (b) It is the policy of the state and the intent of the Legislature to ensure that Californians throughout the state have timely and convenient access to safe, effective, and affordable medicinal cannabis. (Added by Stats. 2022, Ch. 395, Sec. 2. (SB 1186) Effective January 1, 2023.)
  93. 26321.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 26. Medicinal Cannabis Patients’ Right of Access Act [26320 - 26325] ( Chapter 26 added by Stats. 2022, Ch. 395, Sec. 2. )

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    This section names the act and defines key terms used in the chapter.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 26. Medicinal Cannabis Patients’ Right of Access Act [26320 - 26325] ( Chapter 26 added by Stats. 2022, Ch. 395, Sec. 2. ) ## 26321. (a) This act shall be known, and may be cited, as the Medicinal Cannabis Patients’ Right of Access Act. (b) For purposes of this chapter: (1) “Medicinal cannabis” means medicinal cannabis or medicinal cannabis products, as those terms are defined in paragraph (1) of subdivision (ai) of Section 26001. (2) “Medicinal cannabis business” means a retailer authorized to engage in the retail sale by delivery of medicinal cannabis to medicinal cannabis patients pursuant to an M-license. (3) “Medicinal cannabis patient” means a qualified patient, as defined in Section 11362.7 of the Health and Safety Code, who possesses a physician’s recommendation that complies with Article 25 (commencing with Section 2525) of Chapter 5 of Division 2, or a qualified patient or primary caregiver for a qualified patient issued a valid identification card pursuant to Section 11362.71 of the Health and Safety Code. (4) “Regulation” means a local ordinance, regulation, policy, or practice. (Added by Stats. 2022, Ch. 395, Sec. 2. (SB 1186) Effective January 1, 2023.)
  94. 26322.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 26. Medicinal Cannabis Patients’ Right of Access Act [26320 - 26325] ( Chapter 26 added by Stats. 2022, Ch. 395, Sec. 2. )

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    A local jurisdiction may not block or effectively block delivery sales of medicinal cannabis to patients or primary caregivers, but it may adopt reasonable regulations that are consistent with this section.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 26. Medicinal Cannabis Patients’ Right of Access Act [26320 - 26325] ( Chapter 26 added by Stats. 2022, Ch. 395, Sec. 2. ) ## 26322. (a) A local jurisdiction shall not adopt or enforce any regulation that prohibits the retail sale by delivery within the local jurisdiction of medicinal cannabis to medicinal cannabis patients or their primary caregivers, or that otherwise has the effect of prohibiting the retail sale by delivery within the local jurisdiction of medicinal cannabis to medicinal cannabis patients or their primary caregivers by licensed medicinal cannabis businesses in a timely and readily accessible manner, and in types and quantities that are sufficient to meet demand from medicinal cannabis patients within the local jurisdiction, including, but not limited to, regulation of any of the following that has the effect of prohibiting the retail sale by delivery of medicinal cannabis: (1) The number of medicinal cannabis businesses authorized to deliver medicinal cannabis in the local jurisdiction. (2) The operating hours of medicinal cannabis businesses. (3) The number or frequency of sales by delivery of medicinal cannabis. (4) The types or quantities of medicinal cannabis authorized to be sold by delivery. (5) The establishment of physical premises from which retail sale by delivery of medicinal cannabis within the jurisdiction is conducted by a licensed nonstorefront retailer, except that this paragraph shall not be construed to require the establishment of additional physical premises in a local jurisdiction that allowed medicinal cannabis retail as of January 1, 2022, and in which at least one physical premises engaged in the retail sale of medicinal cannabis, whether storefront or delivery, is already established. (b) Nothing in this chapter shall be construed to prohibit the adoption or enforcement of reasonable regulations on retail sale by delivery of medicinal cannabis, including, but not limited to, reasonable regulations related to: (1) Zoning requirements that are not inconsistent with subdivision (a). If compliance with subdivision (a) would otherwise require a local jurisdiction to authorize a physical premises from which retail sale by delivery of medicinal cannabis within the jurisdiction is conducted, this paragraph shall not be construed to alter that requirement. (2) Security or public health and safety requirements. (3) Licensing requirements. (4) The imposition, collection, and remittance of any applicable state or local taxes upon retail sales occurring within the local jurisdiction. (5) Regulations consistent with requirements or restrictions imposed on cannabis businesses by this division or regulations issued under this division. (c) Nothing in this chapter shall be construed to limit or otherwise affect the ability of a local jurisdiction to adopt or enforce any regulations on commercial cannabis operations other than retail sale by delivery of medicinal cannabis in the local jurisdiction. (d) This section shall become operative on January 1, 2024. (Added by Stats. 2022, Ch. 395, Sec. 2. (SB 1186) Effective January 1, 2023. Operative January 1, 2024, by its own provisions.)
  95. 26323.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 26. Medicinal Cannabis Patients’ Right of Access Act [26320 - 26325] ( Chapter 26 added by Stats. 2022, Ch. 395, Sec. 2. )

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    This section lets specified parties bring an action to enforce the chapter, and it becomes operative on January 1, 2024.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 26. Medicinal Cannabis Patients’ Right of Access Act [26320 - 26325] ( Chapter 26 added by Stats. 2022, Ch. 395, Sec. 2. ) ## 26323. (a) This chapter may be enforced by an action brought pursuant to Chapter 2 (commencing with Section 1084) of Title 1 of Part 3 of the Code of Civil Procedure by any of the following parties, who shall be beneficially interested within the meaning of Section 1086 of the Code of Civil Procedure: (1) A medicinal cannabis patient or their primary caregiver who seeks to purchase medicinal cannabis or medicinal cannabis products within the local jurisdiction. (2) A medicinal cannabis business that seeks to offer medicinal cannabis for sale within the local jurisdiction. (3) The Attorney General. (4) Any other party otherwise authorized by law. (b) This section shall not be construed to limit the availability of any other remedy otherwise available to enforce this chapter. The existence of any other remedy shall not restrict the availability of relief to enforce this chapter under Chapter 2 (commencing with Section 1084) of Title 1 of Part 3 of the Code of Civil Procedure. (c) This section shall become operative on January 1, 2024. (Added by Stats. 2022, Ch. 395, Sec. 2. (SB 1186) Effective January 1, 2023. Operative January 1, 2024, by its own provisions.)
  96. 26324.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 26. Medicinal Cannabis Patients’ Right of Access Act [26320 - 26325] ( Chapter 26 added by Stats. 2022, Ch. 395, Sec. 2. )

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    This section says it does not limit a local jurisdiction’s ability or right to regulate adult-use cannabis under Section 26200.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 26. Medicinal Cannabis Patients’ Right of Access Act [26320 - 26325] ( Chapter 26 added by Stats. 2022, Ch. 395, Sec. 2. ) ## 26324. Nothing in this chapter shall be construed to limit or otherwise affect the ability or right of a local jurisdiction to regulate adult-use cannabis pursuant to Section 26200. (Added by Stats. 2022, Ch. 395, Sec. 2. (SB 1186) Effective January 1, 2023.)
  97. 26325.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 26. Medicinal Cannabis Patients’ Right of Access Act [26320 - 26325] ( Chapter 26 added by Stats. 2022, Ch. 395, Sec. 2. )

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    This chapter states that it concerns a matter of statewide concern, not a municipal affair.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 26. Medicinal Cannabis Patients’ Right of Access Act [26320 - 26325] ( Chapter 26 added by Stats. 2022, Ch. 395, Sec. 2. ) ## 26325. This chapter addresses a matter of statewide concern and not a municipal affair, as that term is used in Section 5 of Article XI of the California Constitution. (Added by Stats. 2022, Ch. 395, Sec. 2. (SB 1186) Effective January 1, 2023.)
  98. 2633.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.7. Physical Therapy [2600 - 2696] ( Chapter 5.7 added by Stats. 1953, Ch. 1826. ) ## ARTICLE 2. Scope of Regulation and Exemptions [2620 - 2634] ( Heading of Article 2 amended by Stats. 2013, Ch. 389, Sec. 20. )

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    Licensed physical therapists may use certain titles and initials, but other people may not use protected physical therapist designations. The board must define by regulation which doctoral degrees count as related health science degrees for these title-use rules.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.7. Physical Therapy [2600 - 2696] ( Chapter 5.7 added by Stats. 1953, Ch. 1826. ) ## ARTICLE 2. Scope of Regulation and Exemptions [2620 - 2634] ( Heading of Article 2 amended by Stats. 2013, Ch. 389, Sec. 20. ) ## 2633. (a) A person holding a license as a physical therapist issued by the board may use the title “physical therapist” or the letters “P.T.” or any other words, letters, or figures that indicate that the person using same is a licensed physical therapist. No other person shall be so designated or shall use the term licensed or registered physical therapist, licensed or registered physiotherapist, licensed or registered physical therapy technician, or the letters “L.P.T.,” “R.P.T.,” or “P.T.”. (b) A licensed physical therapist who has received a doctoral degree in physical therapy (DPT) or, after adoption of the regulations described in subdivision (d), a doctoral degree in a related health science may do the following: (1) In a written communication, use the initials DPT, PhD, or EdD, as applicable, following the licensee’s name. (2) In a written communication, use the title “Doctor” or the abbreviation “Dr.” preceding the licensee’s name, if the licensee’s name is immediately followed by an unabbreviated specification of the applicable doctoral degree held by the licensee. (3) In a spoken communication while engaged in the practice of physical therapy, use the title “doctor” preceding the person’s name, if the speaker specifies that he or she is a physical therapist. (c) A doctoral degree described in subdivision (b) shall be granted by an institution accredited by the Western Association of Schools and Colleges or by an accrediting agency recognized by the National Commission on Accrediting or the United States Department of Education that the board determines is equivalent to the Western Association of Schools and Colleges. (d) The board shall define, by regulation, the doctoral degrees that are in a related health science for purposes of subdivision (b). (Amended by Stats. 2006, Ch. 222, Sec. 1. Effective January 1, 2007.)
  99. 2633.5.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.7. Physical Therapy [2600 - 2696] ( Chapter 5.7 added by Stats. 1953, Ch. 1826. ) ## ARTICLE 2. Scope of Regulation and Exemptions [2620 - 2634] ( Heading of Article 2 amended by Stats. 2013, Ch. 389, Sec. 20. )

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    Only board-licensed physical therapist assistants may use the listed PTA-related titles and abbreviations; the license also does not allow using protected therapist or doctor titles or similar prefixes/affixes.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.7. Physical Therapy [2600 - 2696] ( Chapter 5.7 added by Stats. 1953, Ch. 1826. ) ## ARTICLE 2. Scope of Regulation and Exemptions [2620 - 2634] ( Heading of Article 2 amended by Stats. 2013, Ch. 389, Sec. 20. ) ## 2633.5. (a) Only a person licensed as a physical therapist assistant by the board may use the title “physical therapist assistant” or “physical therapy assistant” or the letters “PTA” or any other words, letters, or figures that indicate that the person is a physical therapist assistant licensed pursuant to this chapter. (b) The license of a physical therapist assistant shall not authorize the use of the prefix “LPT,” “RPT,” “PT,” or “Dr.,” or the title “physical therapist,” “therapist,” “doctor,” or any affix indicating or implying that the physical therapist assistant is a physical therapist or doctor. (Added by Stats. 2013, Ch. 389, Sec. 31. (SB 198) Effective January 1, 2014.)
  100. 2633.7.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.7. Physical Therapy [2600 - 2696] ( Chapter 5.7 added by Stats. 1953, Ch. 1826. ) ## ARTICLE 2. Scope of Regulation and Exemptions [2620 - 2634] ( Heading of Article 2 amended by Stats. 2013, Ch. 389, Sec. 20. )

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    During certain physical therapy clinical or related observation periods, the person involved must be identified only as a “physical therapist student” or “physical therapist assistant student,” subject to board regulations.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.7. Physical Therapy [2600 - 2696] ( Chapter 5.7 added by Stats. 1953, Ch. 1826. ) ## ARTICLE 2. Scope of Regulation and Exemptions [2620 - 2634] ( Heading of Article 2 amended by Stats. 2013, Ch. 389, Sec. 20. ) ## 2633.7. During a period of clinical practice described in Section 2650 or in any similar period of observation of related educational experience involving recipients of physical therapy, a person so engaged shall be identified only as a “physical therapist student” or a “physical therapist assistant student,” as authorized by the board in its regulations. (Added by Stats. 2013, Ch. 389, Sec. 32. (SB 198) Effective January 1, 2014.)
  101. 2634.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.7. Physical Therapy [2600 - 2696] ( Chapter 5.7 added by Stats. 1953, Ch. 1826. ) ## ARTICLE 2. Scope of Regulation and Exemptions [2620 - 2634] ( Heading of Article 2 amended by Stats. 2013, Ch. 389, Sec. 20. )

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    The board may investigate license applicants before issuing a license.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.7. Physical Therapy [2600 - 2696] ( Chapter 5.7 added by Stats. 1953, Ch. 1826. ) ## ARTICLE 2. Scope of Regulation and Exemptions [2620 - 2634] ( Heading of Article 2 amended by Stats. 2013, Ch. 389, Sec. 20. ) ## 2634. The board may investigate each and every applicant for a license, before a license is issued, in order to determine whether or not the applicant has in fact the qualifications required by this chapter. (Amended by Stats. 1996, Ch. 829, Sec. 24. Effective January 1, 1997.)
  102. 2635.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.7. Physical Therapy [2600 - 2696] ( Chapter 5.7 added by Stats. 1953, Ch. 1826. ) ## ARTICLE 3. Qualifications and Requirements for Licensure [2635 - 2639.1] ( Article 3 heading added by Stats. 2013, Ch. 389, Sec. 33. )

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    Applicants for a license under this chapter must meet several qualifications when they apply.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.7. Physical Therapy [2600 - 2696] ( Chapter 5.7 added by Stats. 1953, Ch. 1826. ) ## ARTICLE 3. Qualifications and Requirements for Licensure [2635 - 2639.1] ( Article 3 heading added by Stats. 2013, Ch. 389, Sec. 33. ) ## 2635. Every applicant for a license under this chapter shall, at the time of application, be a person over 18 years of age, not addicted to alcohol or any controlled substance, have successfully completed the education and training required by Section 2650, and not have committed acts or crimes constituting grounds for denial of licensure under Section 480. (Amended by Stats. 1994, Ch. 956, Sec. 6. Effective January 1, 1995.)
  103. 2636.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.7. Physical Therapy [2600 - 2696] ( Chapter 5.7 added by Stats. 1953, Ch. 1826. ) ## ARTICLE 3. Qualifications and Requirements for Licensure [2635 - 2639.1] ( Article 3 heading added by Stats. 2013, Ch. 389, Sec. 33. )

    Verify source ↗

    A person cannot receive a physical therapy license unless they first pass the required examinations. An applicant may take the exams after meeting the educational requirements, and the board may administer or arrange the exams.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.7. Physical Therapy [2600 - 2696] ( Chapter 5.7 added by Stats. 1953, Ch. 1826. ) ## ARTICLE 3. Qualifications and Requirements for Licensure [2635 - 2639.1] ( Article 3 heading added by Stats. 2013, Ch. 389, Sec. 33. ) ## 2636. (a) Except as otherwise provided in this chapter, no person shall receive a license under this chapter without first successfully passing the following examinations, where success is determined based on the examination passing standard set by the board: (1) An examination under the direction of the board to demonstrate the applicant’s knowledge of the laws and regulations related to the practice of physical therapy in California. The examination shall reasonably test the applicant’s knowledge of these laws and regulations. (2) The physical therapy examination for the applicant’s licensure category. The examination for licensure as a physical therapist shall test entry-level competence to practice physical therapy. The examination for licensure as a physical therapist assistant shall test entry-level competence to practice as a physical therapist assistant in the technical application of physical therapy services. (b) An applicant may take the examinations for licensure as a physical therapist or for licensure as a physical therapist assistant after the applicant has met the educational requirements for that particular category of licensure. (c) The examinations required by the board for a license under this chapter may be conducted by the board or by a public or private organization specified by the board. The examinations may be conducted under a uniform examination system and, for that purpose, the board may make arrangements with organizations furnishing examination materials as may, in its discretion, be desirable. (Amended by Stats. 2013, Ch. 389, Sec. 34. (SB 198) Effective January 1, 2014.)
  104. 2636.5.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.7. Physical Therapy [2600 - 2696] ( Chapter 5.7 added by Stats. 1953, Ch. 1826. ) ## ARTICLE 3. Qualifications and Requirements for Licensure [2635 - 2639.1] ( Article 3 heading added by Stats. 2013, Ch. 389, Sec. 33. )

    Verify source ↗

    An applicant may get a physical therapy license without a written exam if the applicant meets listed education, licensing, exam, and filing requirements.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.7. Physical Therapy [2600 - 2696] ( Chapter 5.7 added by Stats. 1953, Ch. 1826. ) ## ARTICLE 3. Qualifications and Requirements for Licensure [2635 - 2639.1] ( Article 3 heading added by Stats. 2013, Ch. 389, Sec. 33. ) ## 2636.5. (a) An applicant may be issued a license without a written examination if he or she meets all of the following: (1) He or she is at the time of application licensed as a physical therapist or physical therapist assistant in a state, district, or territory of the United States having, in the opinion of the board, requirements for licensing equal to or higher than those in California, and he or she has passed, to the satisfaction of the board, an examination for licensing that is, in the opinion of the board, comparable to the examination used in this state. (2) He or she is a graduate of a physical therapist or physical therapist assistant education program approved by the board, or has met the requirements of Section 2653. (3) He or she files an application with the board and meets the requirements prescribed by Sections 2635 and 2650. (b) An applicant for licensure under subdivision (a), whose application is based on a certificate issued by a physical therapy licensing authority of another state may be required to file a statement of past work activity. (c) An applicant who has filed a physical therapy application under this section with the board for the first time may, between the date of receipt of notice that his or her application is on file and the date of receipt of his or her license, perform as a physical therapist or physical therapist assistant, as appropriate, under the supervision of a physical therapist licensed in this state. During this period the applicant shall identify himself or herself only as a “physical therapist license applicant” or “physical therapist assistant license applicant,” as appropriate. If the applicant under this section does not qualify and receive a license as provided in this section and does not qualify under Section 2639, all privileges under this section shall terminate upon notice by the board. An applicant may only qualify once to perform as a physical therapist license applicant or physical therapist assistant license applicant. (Amended by Stats. 2013, Ch. 389, Sec. 35. (SB 198) Effective January 1, 2014.)
  105. 2638.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.7. Physical Therapy [2600 - 2696] ( Chapter 5.7 added by Stats. 1953, Ch. 1826. ) ## ARTICLE 3. Qualifications and Requirements for Licensure [2635 - 2639.1] ( Article 3 heading added by Stats. 2013, Ch. 389, Sec. 33. )

    Verify source ↗

    Applicants who fail the board exam for physical therapist or physical therapist assistant licensure may retake the exam, but must pay the reexamination fee.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.7. Physical Therapy [2600 - 2696] ( Chapter 5.7 added by Stats. 1953, Ch. 1826. ) ## ARTICLE 3. Qualifications and Requirements for Licensure [2635 - 2639.1] ( Article 3 heading added by Stats. 2013, Ch. 389, Sec. 33. ) ## 2638. Any applicant for licensure as a physical therapist or physical therapist assistant who fails to pass the examination required by the board may retake the licensing examination and shall pay the reexamination fee. (Amended by Stats. 2013, Ch. 389, Sec. 36. (SB 198) Effective January 1, 2014.)
  106. 2639.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.7. Physical Therapy [2600 - 2696] ( Chapter 5.7 added by Stats. 1953, Ch. 1826. ) ## ARTICLE 3. Qualifications and Requirements for Licensure [2635 - 2639.1] ( Article 3 heading added by Stats. 2013, Ch. 389, Sec. 33. )

    Verify source ↗

    New physical therapy license applicants may work only under supervision and for no more than 120 days before the first exam results; supervising physical therapists also have recordkeeping duties.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.7. Physical Therapy [2600 - 2696] ( Chapter 5.7 added by Stats. 1953, Ch. 1826. ) ## ARTICLE 3. Qualifications and Requirements for Licensure [2635 - 2639.1] ( Article 3 heading added by Stats. 2013, Ch. 389, Sec. 33. ) ## 2639. (a) (1) Every graduate of an approved physical therapy education program who has filed a complete application, as defined in regulation, for licensure with the board and has been awarded either physical therapist license applicant status or physical therapist assistant license applicant status shall practice under the supervision of a licensed physical therapist pursuant to this chapter for no more than 120 days pending the results of the first licensing examination administered. If the applicant passes the examination, the physical therapist license applicant status or physical therapist assistant license applicant status shall remain in effect until a regular renewable license is issued, or licensure is denied, by the board. A supervising physical therapist shall document receipt of the letter authorizing the physical therapist license applicant status or physical therapist assistant license applicant status and record the expiration date of that status in the employee record. A supervising physical therapist shall require the applicant to provide documentation of the license issued at the conclusion of the physical therapist license applicant status or physical therapist assistant license applicant status. During this period the applicant shall identify himself or herself only as “physical therapist license applicant” or “physical therapist assistant license applicant,” as appropriate. (2) A person shall not be considered a graduate unless he or she has successfully completed all the clinical training and internship required for graduation from the education program. (b) A physical therapist license applicant who has been awarded license applicant status may perform as a physical therapist if he or she is under the supervision of a physical therapist licensed by the board. A physical therapist assistant license applicant who has been awarded license applicant status may perform as a physical therapist assistant if he or she is under the supervision of a physical therapist licensed by the board. The applicant shall comply with any requirements applicable to the license for which he or she applied. An applicant may not perform in those capacities if he or she fails the first examination attempt. (Repealed and added by Stats. 2013, Ch. 389, Sec. 38. (SB 198) Effective January 1, 2014.)
  107. 2639.1.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.7. Physical Therapy [2600 - 2696] ( Chapter 5.7 added by Stats. 1953, Ch. 1826. ) ## ARTICLE 3. Qualifications and Requirements for Licensure [2635 - 2639.1] ( Article 3 heading added by Stats. 2013, Ch. 389, Sec. 33. )

    Verify source ↗

    A person may apply for licensure as a physical therapist assistant if the board considers their training or experience equivalent to an approved program and they meet Section 2635 requirements.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.7. Physical Therapy [2600 - 2696] ( Chapter 5.7 added by Stats. 1953, Ch. 1826. ) ## ARTICLE 3. Qualifications and Requirements for Licensure [2635 - 2639.1] ( Article 3 heading added by Stats. 2013, Ch. 389, Sec. 33. ) ## 2639.1. A person having, in the opinion of the board, training or experience, or a combination of training and experience, equivalent to that obtained in an approved physical therapist assistant education program and who meets the requirements of Section 2635 may apply for licensure as a physical therapist assistant. (Added by Stats. 2013, Ch. 389, Sec. 39. (SB 198) Effective January 1, 2014.)
  108. 2644.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.7. Physical Therapy [2600 - 2696] ( Chapter 5.7 added by Stats. 1953, Ch. 1826. ) ## ARTICLE 4. Renewal of Licenses [2644 - 2649] ( Article 4 added by Stats. 2013, Ch. 389, Sec. 41. )

    Verify source ↗

    Physical therapy licenses expire unless renewed, and the licensee must renew on time, pay the fee, submit continuing competency proof, and disclose specified criminal offenses on the renewal application.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.7. Physical Therapy [2600 - 2696] ( Chapter 5.7 added by Stats. 1953, Ch. 1826. ) ## ARTICLE 4. Renewal of Licenses [2644 - 2649] ( Article 4 added by Stats. 2013, Ch. 389, Sec. 41. ) ## 2644. (a) Every license issued under this chapter shall expire at 12 a.m. on the last day of the birth month of the licensee during the second year of a two-year term, if not renewed. (b) To renew an unexpired license, the licensee shall, on or before the date on which it would otherwise expire, apply for renewal on a form prescribed by the board, pay the prescribed renewal fee, and submit proof of the completion of continuing competency required by the board pursuant to Section 2649. The licensee shall disclose on his or her license renewal application any misdemeanor or other criminal offense for which he or she has been found guilty or to which he or she has pleaded guilty or no contest. (Added by Stats. 2013, Ch. 389, Sec. 41. (SB 198) Effective January 1, 2014.)
  109. 2645.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.7. Physical Therapy [2600 - 2696] ( Chapter 5.7 added by Stats. 1953, Ch. 1826. ) ## ARTICLE 4. Renewal of Licenses [2644 - 2649] ( Article 4 added by Stats. 2013, Ch. 389, Sec. 41. )

    Verify source ↗

    The board must mail each licensee a renewal notice at least 60 days before a license expires.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.7. Physical Therapy [2600 - 2696] ( Chapter 5.7 added by Stats. 1953, Ch. 1826. ) ## ARTICLE 4. Renewal of Licenses [2644 - 2649] ( Article 4 added by Stats. 2013, Ch. 389, Sec. 41. ) ## 2645. At least 60 days before the expiration of any license, the board shall mail to each licensee under this chapter, at the latest address furnished by the licensee to the board, a notice stating the amount of the renewal fee and the date on which it is due, and that failure to pay it on or before the due date shall result in expiration of the license. (Added by Stats. 2013, Ch. 389, Sec. 41. (SB 198) Effective January 1, 2014.)
  110. 2646.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.7. Physical Therapy [2600 - 2696] ( Chapter 5.7 added by Stats. 1953, Ch. 1826. ) ## ARTICLE 4. Renewal of Licenses [2644 - 2649] ( Article 4 added by Stats. 2013, Ch. 389, Sec. 41. )

    Verify source ↗

    An expired license may be renewed within five years after expiration by applying for renewal under Section 2644.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.7. Physical Therapy [2600 - 2696] ( Chapter 5.7 added by Stats. 1953, Ch. 1826. ) ## ARTICLE 4. Renewal of Licenses [2644 - 2649] ( Article 4 added by Stats. 2013, Ch. 389, Sec. 41. ) ## 2646. A license that has expired may be renewed at any time within five years after its expiration by applying for renewal as set forth in Section 2644. Renewal under this section shall be effective on the date on which the renewal application is filed, on the date on which the renewal fee or accrued renewal fees are paid, or on the date on which the delinquency fee and penalty fee, if any, are paid, whichever last occurs. A renewed license shall continue in effect through the expiration date set forth in Section 2644 that next occurs after the effective date of the renewal, at which time it shall expire and become invalid if it is not so renewed. (Added by Stats. 2013, Ch. 389, Sec. 41. (SB 198) Effective January 1, 2014.)
  111. 2647.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.7. Physical Therapy [2600 - 2696] ( Chapter 5.7 added by Stats. 1953, Ch. 1826. ) ## ARTICLE 4. Renewal of Licenses [2644 - 2649] ( Article 4 added by Stats. 2013, Ch. 389, Sec. 41. )

    Verify source ↗

    If a license is not renewed within five years after it expires, it cannot be renewed or restored, but the person may apply for a new license if Article 3 requirements are met.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.7. Physical Therapy [2600 - 2696] ( Chapter 5.7 added by Stats. 1953, Ch. 1826. ) ## ARTICLE 4. Renewal of Licenses [2644 - 2649] ( Article 4 added by Stats. 2013, Ch. 389, Sec. 41. ) ## 2647. A person who fails to renew his or her license within five years after its expiration may not renew it, and it shall not be reissued, reinstated, or restored thereafter. However, the person may apply for a new license if he or she satisfies the requirements set forth in Article 3 (commencing with Section 2635). (Added by Stats. 2013, Ch. 389, Sec. 41. (SB 198) Effective January 1, 2014.)
  112. 2648.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.7. Physical Therapy [2600 - 2696] ( Chapter 5.7 added by Stats. 1953, Ch. 1826. ) ## ARTICLE 4. Renewal of Licenses [2644 - 2649] ( Article 4 added by Stats. 2013, Ch. 389, Sec. 41. )

    Verify source ↗

    Some licensees are exempt from paying the renewal fee while in specified full-time military or Public Health Service service, but they may not practice unrelated physical therapy and must pay within 60 days after becoming liable when they leave service.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.7. Physical Therapy [2600 - 2696] ( Chapter 5.7 added by Stats. 1953, Ch. 1826. ) ## ARTICLE 4. Renewal of Licenses [2644 - 2649] ( Article 4 added by Stats. 2013, Ch. 389, Sec. 41. ) ## 2648. (a) A licensee is exempt from the payment of the renewal fee while engaged in full-time training or active service in the United States Army, Navy, Air Force, Marines, or Coast Guard, or in the United States Public Health Service. (b) A person exempted from the payment of the renewal fee by this section shall not engage in any practice of, or assistance in the provision of, physical therapy not related to his or her military service and shall become liable for payment of the fee for the current renewal period upon his or her discharge from full-time active service and shall have a period of 60 days after becoming liable within which to pay the renewal fee before the delinquency fee is required. Any person who is discharged from active service within 60 days of the end of the renewal period is exempt from the payment of the renewal fee for that period. (c) The time spent in full-time active service or training shall not be included in the computation of the five-year period for renewal and reinstatement of licensure provided in Section 2646. (d) A person exempt from renewal fees under this section shall not be exempt from meeting the requirements of Section 2649. (Added by Stats. 2013, Ch. 389, Sec. 41. (SB 198) Effective January 1, 2014.)
  113. 2648.3.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.7. Physical Therapy [2600 - 2696] ( Chapter 5.7 added by Stats. 1953, Ch. 1826. ) ## ARTICLE 4. Renewal of Licenses [2644 - 2649] ( Article 4 added by Stats. 2013, Ch. 389, Sec. 41. )

    Verify source ↗

    A licensee may request a waiver of the physical therapy license renewal fee if the board is satisfied the licensee cannot practice because of a disability.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.7. Physical Therapy [2600 - 2696] ( Chapter 5.7 added by Stats. 1953, Ch. 1826. ) ## ARTICLE 4. Renewal of Licenses [2644 - 2649] ( Article 4 added by Stats. 2013, Ch. 389, Sec. 41. ) ## 2648.3. A licensee who demonstrates to the satisfaction of the board that he or she is unable to practice, or assist in the provision of, physical therapy due to a disability may request a waiver of the license renewal fee. The granting of a waiver shall be at the discretion of the board and may be terminated at any time. Waivers shall be based on the inability of a licensee to practice, or assist in the provision of, physical therapy. A licensee whose renewal fee has been waived pursuant to this section shall not engage in the practice of, or assist in the provision of, physical therapy unless and until the licensee pays the current renewal fee and does either of the following: (a) Establishes to the satisfaction of the board, on a form prescribed by the board and signed under penalty of perjury, that the licensee’s disability either no longer exists or does not affect his or her ability to practice, or assist in the provision of, physical therapy safely. (b) Signs an agreement, on a form prescribed by the board and signed under penalty of perjury, to limit his or her practice of, or assistance in the provision of, physical therapy in the manner prescribed by his or her reviewing physician. (c) A person exempt from renewal fees under this section shall not be exempt from meeting the requirements of Section 2649. (Added by Stats. 2013, Ch. 389, Sec. 41. (SB 198) Effective January 1, 2014.)
  114. 2648.5.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.7. Physical Therapy [2600 - 2696] ( Chapter 5.7 added by Stats. 1953, Ch. 1826. ) ## ARTICLE 4. Renewal of Licenses [2644 - 2649] ( Article 4 added by Stats. 2013, Ch. 389, Sec. 41. )

    Verify source ↗

    Certain California licensees may have the renewal fee waived if they certify the renewal is only for voluntary, unpaid physical therapy services. That fee waiver does not excuse compliance with Section 2649.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.7. Physical Therapy [2600 - 2696] ( Chapter 5.7 added by Stats. 1953, Ch. 1826. ) ## ARTICLE 4. Renewal of Licenses [2644 - 2649] ( Article 4 added by Stats. 2013, Ch. 389, Sec. 41. ) ## 2648.5. (a) The renewal fee shall be waived for licensees residing in California who certify to the board that license renewal is for the sole purpose of providing voluntary, unpaid physical therapy services. (b) A person exempt from renewal fees under this section shall not be exempt from meeting the requirements of Section 2649. (Added by Stats. 2013, Ch. 389, Sec. 41. (SB 198) Effective January 1, 2014.)
  115. 2649.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.7. Physical Therapy [2600 - 2696] ( Chapter 5.7 added by Stats. 1953, Ch. 1826. ) ## ARTICLE 4. Renewal of Licenses [2644 - 2649] ( Article 4 added by Stats. 2013, Ch. 389, Sec. 41. )

    Verify source ↗

    To renew a license, the person must provide proof of required continuing education or other continuing competency, and the board sets and administers the renewal rules.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.7. Physical Therapy [2600 - 2696] ( Chapter 5.7 added by Stats. 1953, Ch. 1826. ) ## ARTICLE 4. Renewal of Licenses [2644 - 2649] ( Article 4 added by Stats. 2013, Ch. 389, Sec. 41. ) ## 2649. (a) A person renewing his or her license shall submit proof satisfactory to the board that, during the preceding two years, he or she has completed the required number of continuing education hours established by regulation by the board, or such other proof of continuing competency as the board may establish by regulation. Required continuing education shall not exceed 30 hours every two years. (b) The board shall adopt and administer regulations including, but not limited to, continuing education intended to ensure the continuing competency of persons licensed pursuant to this chapter. The board may establish different requirements for physical therapists and physical therapist assistants. The board may not require the completion of an additional postsecondary degree or successful completion of an examination as a condition of renewal, but may recognize these as demonstrative of continuing competency. This program shall include provisions requiring random audits of licensees in order to ensure compliance. (c) The administration of this section may be funded through professional license fees, continuing education provider fees, and recognized approval agency fees. The fees shall not exceed the amounts necessary to cover the actual costs of administering this section. (Added by renumbering Section 2676 by Stats. 2013, Ch. 389, Sec. 73. (SB 198) Effective January 1, 2014.)
  116. 2650.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.7. Physical Therapy [2600 - 2696] ( Chapter 5.7 added by Stats. 1953, Ch. 1826. ) ## ARTICLE 5. Educational Standards [2650 - 2654] ( Heading of Article 5 renumbered from Article 4 by Stats. 2013, Ch. 389, Sec. 42. )

    Verify source ↗

    Applicants for physical therapist and physical therapist assistant licenses must meet specified education requirements, including approved degree programs and clinical experience.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.7. Physical Therapy [2600 - 2696] ( Chapter 5.7 added by Stats. 1953, Ch. 1826. ) ## ARTICLE 5. Educational Standards [2650 - 2654] ( Heading of Article 5 renumbered from Article 4 by Stats. 2013, Ch. 389, Sec. 42. ) ## 2650. (a) The physical therapist education requirements are as follows: (1) Except as otherwise provided in this chapter, each applicant for a license as a physical therapist shall be a graduate of a professional degree program of an accredited postsecondary institution or institutions approved by the board and shall have completed a professional education program including academic course work and clinical internship in physical therapy. (2) Unless otherwise specified by the board by regulation, the educational requirements shall include instruction in the subjects prescribed by the Commission on Accreditation in Physical Therapy Education (CAPTE) of the American Physical Therapy Association or Physiotherapy Education Accreditation Canada and shall include a combination of didactic and clinical experiences. The clinical experience shall include at least 18 weeks of full-time experience with a variety of patients. (b) The physical therapist assistant educational requirements are as follows: (1) Except as otherwise provided in this chapter, each applicant for a license as a physical therapist assistant shall be a graduate of a physical therapist assistant program of an accredited postsecondary institution or institutions approved by the board, and shall have completed both the academic and clinical experience required by the physical therapist assistant program, and have been awarded an associate degree. (2) Unless otherwise specified by the board by regulation, the educational requirements shall include instruction in the subjects prescribed by the CAPTE of the American Physical Therapy Association or Physiotherapy Education Accreditation Canada or another body as may be approved by the board by regulation and shall include a combination of didactic and clinical experiences. (Amended by Stats. 2015, Ch. 426, Sec. 20. (SB 800) Effective January 1, 2016.)
  117. 2651.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.7. Physical Therapy [2600 - 2696] ( Chapter 5.7 added by Stats. 1953, Ch. 1826. ) ## ARTICLE 5. Educational Standards [2650 - 2654] ( Heading of Article 5 renumbered from Article 4 by Stats. 2013, Ch. 389, Sec. 42. )

    Verify source ↗

    The board must approve only physical therapy education programs that meet the chapter’s minimum requirements; accredited programs are generally deemed approved, but the board may still disapprove foreign programs or deny an applicant if the instruction or courses are not equivalent.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.7. Physical Therapy [2600 - 2696] ( Chapter 5.7 added by Stats. 1953, Ch. 1826. ) ## ARTICLE 5. Educational Standards [2650 - 2654] ( Heading of Article 5 renumbered from Article 4 by Stats. 2013, Ch. 389, Sec. 42. ) ## 2651. The board shall approve only those physical therapist and physical therapist assistant education programs that prove to the satisfaction of the board that they comply with the minimum physical therapist or physical therapist assistant educational requirements set forth in this chapter and adopted by the board pursuant to this chapter. Physical therapist and physical therapist assistant education programs that are accredited by the Commission on Accreditation in Physical Therapy Education of the American Physical Therapy Association, Physiotherapy Education Accreditation Canada, or such other body as may be approved by the board by regulation shall be deemed approved by the board unless the board determines otherwise. This chapter shall not prohibit the board from disapproving any foreign physical therapist or physical therapist assistant educational program or from denying an applicant if, in the opinion of the board, the instruction received by the applicant or the courses offered by the program were not equivalent to that which is required by this chapter. (Amended by Stats. 2013, Ch. 389, Sec. 47. (SB 198) Effective January 1, 2014.)
  118. 2653.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.7. Physical Therapy [2600 - 2696] ( Chapter 5.7 added by Stats. 1953, Ch. 1826. ) ## ARTICLE 5. Educational Standards [2650 - 2654] ( Heading of Article 5 renumbered from Article 4 by Stats. 2013, Ch. 389, Sec. 42. )

    Verify source ↗

    Some foreign-trained physical therapy license applicants must submit proof of equivalent education, meet section 2650 educational requirements, show English proficiency unless exempt, complete nine months of supervised clinical service, and pass the written exam before that service starts.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.7. Physical Therapy [2600 - 2696] ( Chapter 5.7 added by Stats. 1953, Ch. 1826. ) ## ARTICLE 5. Educational Standards [2650 - 2654] ( Heading of Article 5 renumbered from Article 4 by Stats. 2013, Ch. 389, Sec. 42. ) ## 2653. An applicant for a license as a physical therapist who has graduated from a physical therapist education program that is not approved by the board and is not located in the United States shall do all of the following: (a) Furnish documentary evidence satisfactory to the board, that he or she has completed a professional degree in a physical therapist educational program substantially equivalent at the time of his or her graduation to that issued by a board approved physical therapist education program. The professional degree must entitle the applicant to practice as a physical therapist in the country where the diploma was issued. The applicant shall meet the educational requirements set forth in paragraph (2) of subdivision (a) of Section 2650. The board may require an applicant to submit documentation of his or her education to a credentials evaluation service for review and a report to the board. (b) (1) Except as provided in paragraph (2), demonstrate proficiency in English by achieving a score specified by the board on the Test of English as a Foreign Language administered by the Educational Testing Services or other means as may be specified by the board by regulation. (2) An applicant shall be exempt from the requirement under paragraph (1) if the applicant has been awarded a bachelor’s degree or higher in a physical therapist educational program from a college, university, or professional training school in Australia, any part of Canada other than Quebec, Ireland, New Zealand, the United Kingdom, the United States, or another English-speaking country specified by the board. (c) Complete nine months of clinical service in a location approved by the board under the supervision of a physical therapist licensed by a United States jurisdiction, in a manner satisfactory to the board. The applicant shall have passed the written examination required in Section 2636 prior to commencing the period of clinical service. The board shall require the supervising physical therapist to evaluate the applicant and report his or her findings to the board. The board may in its discretion waive all or part of the required clinical service pursuant to guidelines set forth in its regulations. During the period of clinical service, the applicant shall be identified as a physical therapist license applicant. If an applicant fails to complete the required period of clinical service, the board may, for good cause shown, allow the applicant to complete another period of clinical service. (Amended by Stats. 2017, Ch. 454, Sec. 21. (AB 1706) Effective January 1, 2018.)
  119. 2654.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.7. Physical Therapy [2600 - 2696] ( Chapter 5.7 added by Stats. 1953, Ch. 1826. ) ## ARTICLE 5. Educational Standards [2650 - 2654] ( Heading of Article 5 renumbered from Article 4 by Stats. 2013, Ch. 389, Sec. 42. )

    Verify source ↗

    If a non-U.S. physical therapist graduate from an unapproved program does not qualify for the physical therapist exam, the board may evaluate the education and the applicant may be eligible for the physical therapist assistant exam.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.7. Physical Therapy [2600 - 2696] ( Chapter 5.7 added by Stats. 1953, Ch. 1826. ) ## ARTICLE 5. Educational Standards [2650 - 2654] ( Heading of Article 5 renumbered from Article 4 by Stats. 2013, Ch. 389, Sec. 42. ) ## 2654. If an applicant who has graduated from a physical therapist education program that is not approved by the board and is not located in the United States does not qualify to take the physical therapist examination, his or her education may be evaluated by the board and the applicant may be eligible to take the physical therapist assistant examination. (Added by Stats. 2013, Ch. 389, Sec. 51. (SB 198) Effective January 1, 2014.)
  120. 2660.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.7. Physical Therapy [2600 - 2696] ( Chapter 5.7 added by Stats. 1953, Ch. 1826. ) ## ARTICLE 6. Enforcement [2660 - 2661.7] ( Heading of Article 6 renumbered from Article 5 by Stats. 2013, Ch. 389, Sec. 53. )

    Verify source ↗

    The board may discipline a physical therapy license for unprofessional conduct, including citation, denial, suspension, revocation, or probationary conditions.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.7. Physical Therapy [2600 - 2696] ( Chapter 5.7 added by Stats. 1953, Ch. 1826. ) ## ARTICLE 6. Enforcement [2660 - 2661.7] ( Heading of Article 6 renumbered from Article 5 by Stats. 2013, Ch. 389, Sec. 53. ) ## 2660. Unprofessional conduct constitutes grounds for citation, discipline, denial of a license, or issuance of a probationary license. The board may, after the conduct of appropriate proceedings under the Administrative Procedure Act (Chapter 4.5 (commencing with Section 11400) of Part 1 of Division 3 of Title 2 of the Government Code), issue a citation, impose discipline, deny a license, suspend for not more than 12 months, or revoke, or impose probationary conditions upon any license issued under this chapter for unprofessional conduct that includes, in addition to other provisions of this chapter, but is not limited to, the following: (a) Violating or attempting to violate, directly or indirectly, assisting in or abetting the violation of, or conspiring to violate any provision of this chapter, any regulations duly adopted under this chapter, or the Medical Practice Act (Chapter 5 (commencing with Section 2000)). (b) Advertising in violation of Section 17500. (c) Obtaining or attempting to obtain a license by fraud or misrepresentation. (d) Practicing or offering to practice beyond the scope of practice of physical therapy. (e) Conviction of a crime that substantially relates to the qualifications, functions, or duties of a physical therapist or physical therapist assistant. The record of conviction or a certified copy thereof shall be conclusive evidence of that conviction. (f) Unlawful possession or use of, or conviction of a criminal offense involving, a 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 2 (commencing with Section 4015) of Chapter 9, as follows: (1) Obtaining or possessing in violation of law, or except as directed by a licensed physician and surgeon, dentist, or podiatrist, administering to himself or herself, or furnishing or administering to another, any controlled substance or any dangerous drug. (2) Using any controlled substance or any dangerous drug. (3) Conviction of a criminal offense involving the consumption or self-administration of, or the possession of, or falsification of a record pertaining to, any controlled substance or any dangerous drug, in which event the record of the conviction is conclusive evidence thereof. (g) Failure to maintain adequate and accurate records relating to the provision of services to his or her patients. (h) Gross negligence or repeated acts of negligence in practice or in the delivery of physical therapy care. (i) Aiding or abetting any person to engage in the unlawful practice of physical therapy. (j) The commission of any fraudulent, dishonest, or corrupt act that is substantially related to the qualifications, functions, or duties of a physical therapist or physical therapist assistant. (k) Except for good cause, the knowing failure to protect patients by failing to follow infection control guidelines of the board, thereby risking transmission of bloodborne infectious diseases from licensee to patient, from patient to patient, and from patient to licensee. In administering this subdivision, the board shall consider referencing the standards, regulations, and guidelines of the State Department of Public Health developed pursuant to Section 1250.11 of the Health and Safety Code and the standards, regulations, and guidelines pursuant to the California Occupational Safety and Health Act of 1973 (Part 1 (commencing with Section 6300) of Division 5 of the Labor Code) for preventing the transmission of HIV, hepatitis B, and other bloodborne pathogens in health care settings. As necessary, the board shall consult with the Medical Board of California, the California Board of Podiatric Medicine, the Dental Board of California, the Board of Registered Nursing, and the Board of Vocational Nursing and Psychiatric Technicians of the State of California, to encourage appropriate consistency in the implementation of this subdivision. (l) The commission of verbal abuse or sexual harassment. (m) Engaging in sexual misconduct or violating Section 726. (n) Permitting a physical therapist assistant or physical therapy aide under one’s supervision or control to perform, or permitting the physical therapist assistant or physical therapy aide to hold himself or herself out as competent to perform, professional services beyond the level of education, training, and experience of the physical therapist assistant or aide. (o) The revocation, suspension, or other discipline, restriction, or limitation imposed by another state upon a license or certificate to practice physical therapy issued by that state, or the revocation, suspension, or restriction of the authority to practice physical therapy by any agency of the federal government. (p) Viewing a completely or partially disrobed patient in the course of treatment if the viewing is not necessary to patient evaluation or treatment under current standards. (q) Engaging in any act in violation of Section 650, 651, or 654.2. (r) Charging a fee for services not performed. (s) Misrepresenting documentation of patient care or deliberate falsifying of patient records. (t) Except as otherwise allowed by law, the employment of runners, cappers, steerers, or other persons to procure patients. (u) The willful, unauthorized violation of professional confidence. (v) Failing to maintain confidentiality, except as otherwise required or permitted by law, of all information that has been received from a patient in confidence during the course of treatment and all information about the patient that is obtained from tests or other means. (w) Habitual intemperance. (x) Failure to comply with the provisions of Section 2620.1. (Amended by Stats. 2014, Ch. 71, Sec. 5. (SB 1304) Effective January 1, 2015.)
  121. 2660.1.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.7. Physical Therapy [2600 - 2696] ( Chapter 5.7 added by Stats. 1953, Ch. 1826. ) ## ARTICLE 6. Enforcement [2660 - 2661.7] ( Heading of Article 6 renumbered from Article 5 by Stats. 2013, Ch. 389, Sec. 53. )

    Verify source ↗

    A patient, client, or customer of a licentiate under this chapter is conclusively presumed unable to give free, full, and informed consent to sexual activity that violates Section 726.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.7. Physical Therapy [2600 - 2696] ( Chapter 5.7 added by Stats. 1953, Ch. 1826. ) ## ARTICLE 6. Enforcement [2660 - 2661.7] ( Heading of Article 6 renumbered from Article 5 by Stats. 2013, Ch. 389, Sec. 53. ) ## 2660.1. A patient, client, or customer of a licentiate under this chapter is conclusively presumed to be incapable of giving free, full, and informed consent to any sexual activity which is a violation of Section 726. (Added by Stats. 1992, Ch. 1289, Sec. 19. Effective January 1, 1993.)
  122. 2660.2.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.7. Physical Therapy [2600 - 2696] ( Chapter 5.7 added by Stats. 1953, Ch. 1826. ) ## ARTICLE 6. Enforcement [2660 - 2661.7] ( Heading of Article 6 renumbered from Article 5 by Stats. 2013, Ch. 389, Sec. 53. )

    Verify source ↗

    The board may deny, restrict, or discipline a physical therapy license applicant, and it must give notice and disclosure if it issues a public reprimand.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.7. Physical Therapy [2600 - 2696] ( Chapter 5.7 added by Stats. 1953, Ch. 1826. ) ## ARTICLE 6. Enforcement [2660 - 2661.7] ( Heading of Article 6 renumbered from Article 5 by Stats. 2013, Ch. 389, Sec. 53. ) ## 2660.2. (a) The board may refuse a license to any applicant guilty of unprofessional conduct or sexual activity referred to in Section 2660.1. The board may, in its sole discretion, issue a public letter of reprimand or may issue a probationary license to any applicant for a license who is guilty of unprofessional conduct but who has met all other requirements for licensure. The board may issue the license subject to any terms or conditions not contrary to public policy, including, but not limited to, the following: (1) Medical or psychiatric evaluation. (2) Continuing medical or psychiatric treatment. (3) Restriction of the type or circumstances of practice. (4) Continuing participation in a board-approved rehabilitation program. (5) Abstention from the use of alcohol or drugs. (6) Random fluid testing for alcohol or drugs. (7) Compliance with laws and regulations governing the practice of physical therapy. (b) The applicant shall have the right to appeal the denial, or the issuance with terms and conditions, of any license in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, and the board shall have all the powers granted therein. The action shall be final, except that the propriety of the action is subject to review by the superior court pursuant to Section 1094.5 of the Code of Civil Procedure. (c) In lieu of refusing a license, the board may, upon stipulation or agreement by the licensee, issue a public letter of reprimand after it has conducted an investigation or inspection as provided for in this chapter. The public letter of reprimand may include a requirement for specified training or education, and cost recovery for investigative costs. The board shall notify the licensee of its intention to issue the letter 30 days before the intended issuance date of the letter. The licensee shall indicate in writing at least 15 days prior to the letter’s intended issuance date whether he or she agrees to the issuance of the letter. The board, at its option, may extend the time within which the licensee may respond to its notification. If the licensee does not agree to the issuance of the letter, the board shall not issue the letter and may proceed to file the accusation. The board may use a public letter of reprimand only for minor violations, as defined by the board, committed by the applicant. A public letter of reprimand issued pursuant to this section shall be disclosed by the board to an inquiring member of the public and shall be posted on the board’s Internet Web site. (Amended by Stats. 2013, Ch. 389, Sec. 55. (SB 198) Effective January 1, 2014.)
  123. 2660.3.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.7. Physical Therapy [2600 - 2696] ( Chapter 5.7 added by Stats. 1953, Ch. 1826. ) ## ARTICLE 6. Enforcement [2660 - 2661.7] ( Heading of Article 6 renumbered from Article 5 by Stats. 2013, Ch. 389, Sec. 53. )

    Verify source ↗

    The board may issue a public letter of reprimand to a licensee only if the licensee agrees, after an investigation or inspection, and the board gives advance notice and disclosure.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.7. Physical Therapy [2600 - 2696] ( Chapter 5.7 added by Stats. 1953, Ch. 1826. ) ## ARTICLE 6. Enforcement [2660 - 2661.7] ( Heading of Article 6 renumbered from Article 5 by Stats. 2013, Ch. 389, Sec. 53. ) ## 2660.3. In lieu of filing or prosecuting a formal accusation against a licensee, the board may, upon stipulation or agreement by the licensee, issue a public letter of reprimand after it has conducted an investigation or inspection as provided for in this chapter. The public letter of reprimand may include a requirement for specified training or education, and cost recovery for investigative costs. The board shall notify the licensee of its intention to issue the letter 30 days before the intended issuance date of the letter. The licensee shall indicate in writing at least 15 days prior to the letter’s intended issuance date whether he or she agrees to the issuance of the letter. The board, at its option, may extend the time within which the licensee may respond to its notification. If the licensee does not agree to the issuance of the letter, the board shall not issue the letter and may proceed to file the accusation. The board may use a public letter of reprimand only for minor violations, as defined by the board, committed by the licensee. A public letter of reprimand issued pursuant to this section shall be disclosed by the board to an inquiring member of the public and shall be posted on the board’s Internet Web site. (Amended by Stats. 2013, Ch. 389, Sec. 56. (SB 198) Effective January 1, 2014.)
  124. 2660.4.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.7. Physical Therapy [2600 - 2696] ( Chapter 5.7 added by Stats. 1953, Ch. 1826. ) ## ARTICLE 6. Enforcement [2660 - 2661.7] ( Heading of Article 6 renumbered from Article 5 by Stats. 2013, Ch. 389, Sec. 53. )

    Verify source ↗

    A licensee must provide a patient's medical records to the board within 15 days after receiving the board's request and the patient's written authorization, unless good cause prevents timely production.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.7. Physical Therapy [2600 - 2696] ( Chapter 5.7 added by Stats. 1953, Ch. 1826. ) ## ARTICLE 6. Enforcement [2660 - 2661.7] ( Heading of Article 6 renumbered from Article 5 by Stats. 2013, Ch. 389, Sec. 53. ) ## 2660.4. A licensee who fails or refuses to comply with a request from the board for the medical records of a patient, that is accompanied by that patient’s written authorization for release of records to the board, within 15 days of receiving the request and authorization shall pay to the board a civil penalty of one thousand dollars ($1,000) per day for each day that the records have not been produced after the 15th day, unless the licensee is unable to provide the records within this time period for good cause. (Added by Stats. 2013, Ch. 389, Sec. 57. (SB 198) Effective January 1, 2014.)
  125. 2660.5.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.7. Physical Therapy [2600 - 2696] ( Chapter 5.7 added by Stats. 1953, Ch. 1826. ) ## ARTICLE 6. Enforcement [2660 - 2661.7] ( Heading of Article 6 renumbered from Article 5 by Stats. 2013, Ch. 389, Sec. 53. )

    Verify source ↗

    The board must deny physical therapist and physical therapist assistant licenses to applicants who must register under Penal Code Section 290, except for applicants whose sex-offender registration is based solely on a misdemeanor conviction under Penal Code Section 314.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.7. Physical Therapy [2600 - 2696] ( Chapter 5.7 added by Stats. 1953, Ch. 1826. ) ## ARTICLE 6. Enforcement [2660 - 2661.7] ( Heading of Article 6 renumbered from Article 5 by Stats. 2013, Ch. 389, Sec. 53. ) ## 2660.5. The board shall deny a physical therapist license or physical therapist assistant license to an applicant who is required to register pursuant to Section 290 of the Penal Code. This section does not apply to an applicant who is required to register as a sex offender pursuant to Section 290 of the Penal Code solely because of a misdemeanor conviction under Section 314 of the Penal Code. (Amended by Stats. 2013, Ch. 389, Sec. 58. (SB 198) Effective January 1, 2014.)
  126. 2660.7.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.7. Physical Therapy [2600 - 2696] ( Chapter 5.7 added by Stats. 1953, Ch. 1826. ) ## ARTICLE 6. Enforcement [2660 - 2661.7] ( Heading of Article 6 renumbered from Article 5 by Stats. 2013, Ch. 389, Sec. 53. )

    Verify source ↗

    If the board finds an applicant or licensee tried to undermine the exam process, it may bar the applicant from the exam, deny licensure, or revoke the license.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.7. Physical Therapy [2600 - 2696] ( Chapter 5.7 added by Stats. 1953, Ch. 1826. ) ## ARTICLE 6. Enforcement [2660 - 2661.7] ( Heading of Article 6 renumbered from Article 5 by Stats. 2013, Ch. 389, Sec. 53. ) ## 2660.7. In addition to the penalties prescribed by Section 123, if the board determines that an applicant for licensure or a licensee has engaged, or has attempted to engage, in conduct that subverts or undermines the integrity of the examination process as described in Section 123, the board may disqualify the applicant from taking the examination or may deny his or her application for licensure or may revoke the license of the licensee. (Added by Stats. 2008, Ch. 301, Sec. 9. Effective January 1, 2009.)
  127. 2660.8.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.7. Physical Therapy [2600 - 2696] ( Chapter 5.7 added by Stats. 1953, Ch. 1826. ) ## ARTICLE 6. Enforcement [2660 - 2661.7] ( Heading of Article 6 renumbered from Article 5 by Stats. 2013, Ch. 389, Sec. 53. )

    Verify source ↗

    A licensee in the listed disciplinary situations may face board-ordered discipline, including revocation, suspension, probation, public reprimand, surrender of the license, or other disciplinary action.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.7. Physical Therapy [2600 - 2696] ( Chapter 5.7 added by Stats. 1953, Ch. 1826. ) ## ARTICLE 6. Enforcement [2660 - 2661.7] ( Heading of Article 6 renumbered from Article 5 by Stats. 2013, Ch. 389, Sec. 53. ) ## 2660.8. A licensee whose matter has been heard by an administrative law judge of the Medical Quality Hearing Panel as designated in Section 11371 of the Government Code, or whose default has been entered or who has entered into a stipulation for disciplinary action with the board, may, in accordance with the provisions of this chapter: (a) Have his or her license revoked upon order of the board. (b) Have his or her right to practice suspended for a period not to exceed one year upon order of the board. (c) Be placed on probation and required to pay the costs of probation monitoring upon order of the board. (d) Be publicly reprimanded by the board. (e) Be required to surrender his or her license based on an order of the board. (f) Have any other action taken in relation to discipline as part of an order of probation, as the board or an administrative law judge may deem proper. (Added by Stats. 2013, Ch. 389, Sec. 59. (SB 198) Effective January 1, 2014.)
  128. 2661.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.7. Physical Therapy [2600 - 2696] ( Chapter 5.7 added by Stats. 1953, Ch. 1826. ) ## ARTICLE 6. Enforcement [2660 - 2661.7] ( Heading of Article 6 renumbered from Article 5 by Stats. 2013, Ch. 389, Sec. 53. )

    Verify source ↗

    A guilty plea or verdict, and a conviction after a nolo contendere plea, counts as a conviction for this article. The board may discipline the licensee or take action on an application after appeal time ends, after conviction is affirmed, or when probation is ordered, even if a later Penal Code section sets aside or withdraws the conviction-related plea or verdict.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.7. Physical Therapy [2600 - 2696] ( Chapter 5.7 added by Stats. 1953, Ch. 1826. ) ## ARTICLE 6. Enforcement [2660 - 2661.7] ( Heading of Article 6 renumbered from Article 5 by Stats. 2013, Ch. 389, Sec. 53. ) ## 2661. A plea or verdict of guilty or a conviction following a plea of nolo contendere is deemed to be a conviction within the meaning of this article. The board may order discipline of the licensee in accordance with Section 2660 or the board may take action as authorized in Section 2660.2 on an application 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 of the Penal Code allowing that person to withdraw his or her plea of guilty and to enter a plea of not guilty, or setting aside the verdict of guilty, or dismissing the accusation, information, or indictment. (Amended by Stats. 2013, Ch. 389, Sec. 60. (SB 198) Effective January 1, 2014.)
  129. 2661.5.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.7. Physical Therapy [2600 - 2696] ( Chapter 5.7 added by Stats. 1953, Ch. 1826. ) ## ARTICLE 6. Enforcement [2660 - 2661.7] ( Heading of Article 6 renumbered from Article 5 by Stats. 2013, Ch. 389, Sec. 53. )

    Verify source ↗

    The board may order a licensee found guilty of unprofessional conduct to pay investigation and prosecution costs, and it must not increase those costs beyond what the administrative law judge fixes.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.7. Physical Therapy [2600 - 2696] ( Chapter 5.7 added by Stats. 1953, Ch. 1826. ) ## ARTICLE 6. Enforcement [2660 - 2661.7] ( Heading of Article 6 renumbered from Article 5 by Stats. 2013, Ch. 389, Sec. 53. ) ## 2661.5. (a) In any order issued in resolution of a disciplinary proceeding before the board, the board may request the administrative law judge to direct any licensee found guilty of unprofessional conduct to pay to the board a sum not to exceed the actual and reasonable costs of the investigation and prosecution of the case. (b) The costs to be assessed shall be fixed by the administrative law judge and shall not in any event be increased by the board. When the board does not adopt a proposed decision and remands the case to an administrative law judge, the administrative law judge shall not increase the amount of the assessed costs specified in the proposed decision. (c) When the payment directed in an order for payment of costs is not made by the licensee, the board may enforce the order of payment by bringing an action in any appropriate court. This right of enforcement shall be in addition to any other rights the board may have as to any licensee directed to pay costs. (d) In any judicial action for the recovery of costs, proof of the board’s decision shall be conclusive proof of the validity of the order of payment and the terms for payment. (e) (1) Except as provided in paragraph (2), the board shall not renew or reinstate the license or approval of any person who has failed to pay all of the costs ordered under this section. (2) Notwithstanding paragraph (1), the board may, in its discretion, conditionally renew or reinstate for a maximum of one year the license or approval of any person who demonstrates financial hardship and who enters into a formal agreement with the board to reimburse the board within that one year period for those unpaid costs. (f) All costs recovered under this section shall be deposited in the Physical Therapy Fund as a reimbursement in either the fiscal year in which the costs are actually recovered or the previous fiscal year, as the board may direct. (Amended by Stats. 1996, Ch. 829, Sec. 51. Effective January 1, 1997.)
  130. 2661.6.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.7. Physical Therapy [2600 - 2696] ( Chapter 5.7 added by Stats. 1953, Ch. 1826. ) ## ARTICLE 6. Enforcement [2660 - 2661.7] ( Heading of Article 6 renumbered from Article 5 by Stats. 2013, Ch. 389, Sec. 53. )

    Verify source ↗

    The board must establish a probation monitoring program for probationary licenses. The program may use nonpeace officer staff and must be funded from the Physical Therapy Fund.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.7. Physical Therapy [2600 - 2696] ( Chapter 5.7 added by Stats. 1953, Ch. 1826. ) ## ARTICLE 6. Enforcement [2660 - 2661.7] ( Heading of Article 6 renumbered from Article 5 by Stats. 2013, Ch. 389, Sec. 53. ) ## 2661.6. (a) The board shall establish a probation monitoring program to monitor probationary licenses. (b) The program may employ nonpeace officer staff to perform its probation monitoring. (c) The program shall be funded with moneys in the Physical Therapy Fund. (Added by Stats. 2002, Ch. 1150, Sec. 13. Effective January 1, 2003.)
  131. 2661.7.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.7. Physical Therapy [2600 - 2696] ( Chapter 5.7 added by Stats. 1953, Ch. 1826. ) ## ARTICLE 6. Enforcement [2660 - 2661.7] ( Heading of Article 6 renumbered from Article 5 by Stats. 2013, Ch. 389, Sec. 53. )

    Verify source ↗

    People whose licenses were revoked, suspended, or placed on probation may petition the board for reinstatement or penalty modification, but only after required waiting periods and with supporting recommendations.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.7. Physical Therapy [2600 - 2696] ( Chapter 5.7 added by Stats. 1953, Ch. 1826. ) ## ARTICLE 6. Enforcement [2660 - 2661.7] ( Heading of Article 6 renumbered from Article 5 by Stats. 2013, Ch. 389, Sec. 53. ) ## 2661.7. (a) A person whose license has been revoked or suspended, or who has been placed on probation, may petition the board for reinstatement or modification of penalty, including modification or termination of probation, after a period of not less than the following minimum periods has elapsed from the effective date of the decision ordering that disciplinary action: (1) At least three years for reinstatement of a license or approval 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 state any facts as may be required by the board. The petition shall be accompanied by at least two verified recommendations from physical therapists licensed by the board who have personal knowledge of the activities of the petitioner since the disciplinary penalty was imposed. (c) The petition may be heard by 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 that 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 designated in Section 11371 of the Government Code finds necessary. (e) The administrative law judge designated in Section 11371 of the Government Code 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) Nothing in this section shall be deemed to alter Sections 822 and 823. (Amended by Stats. 2013, Ch. 389, Sec. 61. (SB 198) Effective January 1, 2014.)
  132. 2662.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.7. Physical Therapy [2600 - 2696] ( Chapter 5.7 added by Stats. 1953, Ch. 1826. ) ## ARTICLE 7. Substance Abuse Rehabilitation Program [2662 - 2669] ( Heading of Article 7 renumbered from Article 5.5 by Stats. 2013, Ch. 389, Sec. 62. )

    Verify source ↗

    The board must look for ways to identify and rehabilitate impaired physical therapists and physical therapist assistants.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.7. Physical Therapy [2600 - 2696] ( Chapter 5.7 added by Stats. 1953, Ch. 1826. ) ## ARTICLE 7. Substance Abuse Rehabilitation Program [2662 - 2669] ( Heading of Article 7 renumbered from Article 5.5 by Stats. 2013, Ch. 389, Sec. 62. ) ## 2662. It is the intent of the Legislature that the board shall seek ways and means to identify and rehabilitate physical therapists and physical therapist assistants whose competency is impaired due to abuse of dangerous drugs or alcohol so that they may be treated and returned to the practice of physical therapy in a manner which will not endanger the public health and safety. (Amended by Stats. 1996, Ch. 829, Sec. 52. Effective January 1, 1997.)
  133. 2663.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.7. Physical Therapy [2600 - 2696] ( Chapter 5.7 added by Stats. 1953, Ch. 1826. ) ## ARTICLE 7. Substance Abuse Rehabilitation Program [2662 - 2669] ( Heading of Article 7 renumbered from Article 5.5 by Stats. 2013, Ch. 389, Sec. 62. )

    Verify source ↗

    The board must run a substance abuse rehabilitation program for impaired physical therapists and physical therapist assistants.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.7. Physical Therapy [2600 - 2696] ( Chapter 5.7 added by Stats. 1953, Ch. 1826. ) ## ARTICLE 7. Substance Abuse Rehabilitation Program [2662 - 2669] ( Heading of Article 7 renumbered from Article 5.5 by Stats. 2013, Ch. 389, Sec. 62. ) ## 2663. The board shall establish and administer a substance abuse rehabilitation program, hereafter referred to as the rehabilitation program, for the rehabilitation of physical therapists and physical therapist assistants whose competency is impaired due to the abuse of drugs or alcohol. The board may contract with any other state agency or a private organization to perform its duties under this article. The board may establish one or more rehabilitation evaluation committees to assist it in carrying out its duties under this article. Any rehabilitation evaluation committee established by the board shall operate under the direction of the rehabilitation program manager, as designated by the executive officer of the board. The program manager has the primary responsibility to review and evaluate recommendations of the committee. (Amended by Stats. 2013, Ch. 389, Sec. 63. (SB 198) Effective January 1, 2014.)
  134. 2664.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.7. Physical Therapy [2600 - 2696] ( Chapter 5.7 added by Stats. 1953, Ch. 1826. ) ## ARTICLE 7. Substance Abuse Rehabilitation Program [2662 - 2669] ( Heading of Article 7 renumbered from Article 5.5 by Stats. 2013, Ch. 389, Sec. 62. )

    Verify source ↗

    A rehabilitation evaluation committee must have at least three members, follow board appointment and voting rules, elect a chair and vice chair, and may use closed sessions only as needed for privacy.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.7. Physical Therapy [2600 - 2696] ( Chapter 5.7 added by Stats. 1953, Ch. 1826. ) ## ARTICLE 7. Substance Abuse Rehabilitation Program [2662 - 2669] ( Heading of Article 7 renumbered from Article 5.5 by Stats. 2013, Ch. 389, Sec. 62. ) ## 2664. (a) Any rehabilitation evaluation committee established by the board shall have at least three members. In making appointments to a rehabilitation evaluation committee, the board shall consider the appointment of persons who are either recovering from substance abuse and have been free from substance abuse for at least three years immediately prior to their appointment or who are knowledgeable in the treatment and recovery of substance abuse. The board also shall consider the appointment of a physician and surgeon who is board certified in psychiatry. (b) Appointments to a rehabilitation evaluation committee shall be by the affirmative vote of a majority of members appointed to the board. Each appointment shall be at the pleasure of the board for a term not to exceed four years. In its discretion, the board may stagger the terms of the initial members so appointed. (c) A majority of the members of a rehabilitation evaluation committee shall constitute a quorum for the transaction of business. Any action requires an affirmative vote of a majority of those members present at a meeting constituting at least a quorum. Each rehabilitation evaluation committee shall elect from its membership a chairperson and a vice chairperson. Notwithstanding the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code), relating to public meetings, a rehabilitation evaluation committee may convene in closed session to consider matters relating to any physical therapist or physical therapist assistant applying for or participating in a rehabilitation program, and a meeting which will be convened entirely in closed session need not comply with Section 11125 of the Government Code. A rehabilitation evaluation committee shall only convene in closed session to the extent it is necessary to protect the privacy of an applicant or participant. Each member of a rehabilitation evaluation committee shall receive a per diem and shall be reimbursed for expenses as provided in Section 103. (Amended by Stats. 2013, Ch. 389, Sec. 64. (SB 198) Effective January 1, 2014.)
  135. 2665.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.7. Physical Therapy [2600 - 2696] ( Chapter 5.7 added by Stats. 1953, Ch. 1826. ) ## ARTICLE 7. Substance Abuse Rehabilitation Program [2662 - 2669] ( Heading of Article 7 renumbered from Article 5.5 by Stats. 2013, Ch. 389, Sec. 62. )

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    The rehabilitation evaluation committee must review applicants and participants in the rehabilitation program, designate treatment facilities, hold meetings, and prepare written rehabilitation terms.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.7. Physical Therapy [2600 - 2696] ( Chapter 5.7 added by Stats. 1953, Ch. 1826. ) ## ARTICLE 7. Substance Abuse Rehabilitation Program [2662 - 2669] ( Heading of Article 7 renumbered from Article 5.5 by Stats. 2013, Ch. 389, Sec. 62. ) ## 2665. Each rehabilitation evaluation committee has the following duties and responsibilities: (a) To evaluate physical therapists and physical therapist assistants who request participation in the rehabilitation program and to make recommendations. In making recommendations, the committee shall consider any recommendations from professional consultants on the admission of applicants to the rehabilitation program. (b) To review and designate treatment facilities to which physical therapists and physical therapist assistants in the rehabilitation program may be referred. (c) To receive and review information concerning physical therapists and physical therapist assistants participating in the program. (d) Calling meetings as necessary to consider the requests of physical therapists and physical therapist assistants to participate in the rehabilitation program, to consider reports regarding participants in the program, and to consider any other matters referred to it by the board. (e) To consider whether each participant in the rehabilitation program may with safety continue or resume the practice of physical therapy. (f) To set forth in writing the terms and conditions of the rehabilitation agreement that is approved by the program manager for each physical therapist and physical therapist assistant participating in the program, including treatment, supervision, and monitoring requirements. (g) To hold a general meeting at least twice a year, which shall be open and public, to evaluate the rehabilitation program’s progress, to prepare reports to be submitted to the board, and to suggest proposals for changes in the rehabilitation program. (h) For the purposes of Division 3.6 (commencing with Section 810) of Title 1 of the Government Code, any member of a rehabilitation evaluation committee shall be considered a public employee. No board or rehabilitation evaluation committee member, contractor, or agent thereof, shall be liable for any civil damage because of acts or omissions which may occur while acting in good faith in a program established pursuant to this article. (Amended by Stats. 2013, Ch. 389, Sec. 65. (SB 198) Effective January 1, 2014.)
  136. 2666.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.7. Physical Therapy [2600 - 2696] ( Chapter 5.7 added by Stats. 1953, Ch. 1826. ) ## ARTICLE 7. Substance Abuse Rehabilitation Program [2662 - 2669] ( Heading of Article 7 renumbered from Article 5.5 by Stats. 2013, Ch. 389, Sec. 62. )

    Verify source ↗

    The section sets eligibility and cooperation requirements for acceptance into a rehabilitation program for physical therapists and physical therapist assistants, and lets the board add more criteria by regulation.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.7. Physical Therapy [2600 - 2696] ( Chapter 5.7 added by Stats. 1953, Ch. 1826. ) ## ARTICLE 7. Substance Abuse Rehabilitation Program [2662 - 2669] ( Heading of Article 7 renumbered from Article 5.5 by Stats. 2013, Ch. 389, Sec. 62. ) ## 2666. (a) Criteria for acceptance into the rehabilitation program shall include all of the following: (1) The applicant shall be licensed as a physical therapist or as a physical therapist assistant by the board and shall be a resident of California. (2) The applicant shall be found to abuse dangerous drugs or alcoholic beverages in a manner that may affect his or her ability to practice physical therapy safely or competently. (3) The applicant shall have voluntarily requested admission to the program or shall be accepted into the program in accordance with terms and conditions resulting from a disciplinary action. (4) The applicant shall agree to undertake any medical or psychiatric examination ordered to evaluate the applicant for participation in the program. (5) The applicant shall cooperate with the program by providing medical information, disclosure authorizations, and releases of liability as may be necessary for participation in the program. (6) The applicant shall agree in writing to cooperate with all elements of the treatment program designed for him or her. Any applicant may be denied participation in the program if the board, the program manager, or a rehabilitation evaluation committee determines that the applicant will not substantially benefit from participation in the program or that the applicant’s participation in the program creates too great a risk to the public health, safety, or welfare. (b) A participant may be terminated from the program for any of the following reasons: (1) The participant has successfully completed the treatment program. (2) The participant has failed to comply with the treatment program designated for him or her. (3) The participant fails to meet any of the criteria set forth in subdivision (a) or (c). (4) It is determined that the participant has not substantially benefited from participation in the program or that his or her continued participation in the program creates too great a risk to the public health, safety, or welfare. Whenever an applicant is denied participation in the program or a participant is terminated from the program for any reason other than the successful completion of the program, and it is determined that the continued practice of physical therapy by that individual creates too great a risk to the public health, safety, and welfare, that fact shall be reported to the executive officer of the board and all documents and information pertaining to and supporting that conclusion shall be provided to the executive officer. The matter may be referred for investigation and disciplinary action by the board. Each physical therapist or physical therapy assistant who requests participation in a rehabilitation program shall agree to cooperate with the recovery program designed for him or her. Any failure to comply with that program may result in termination of participation in the program. The rehabilitation evaluation committee shall inform each participant in the program of the procedures followed in the program, of the rights and responsibilities of a physical therapist or physical therapist assistant in the program, and the possible results of noncompliance with the program. (c) In addition to the criteria and causes set forth in subdivision (a), the board may set forth in its regulations additional criteria for admission to the program or causes for termination from the program. (Amended by Stats. 2013, Ch. 389, Sec. 66. (SB 198) Effective January 1, 2014.)
  137. 2667.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.7. Physical Therapy [2600 - 2696] ( Chapter 5.7 added by Stats. 1953, Ch. 1826. ) ## ARTICLE 7. Substance Abuse Rehabilitation Program [2662 - 2669] ( Heading of Article 7 renumbered from Article 5.5 by Stats. 2013, Ch. 389, Sec. 62. )

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    Records and proceedings for the board and rehabilitation evaluation committee, and participation in a program by a physical therapist or physical therapist assistant, must be kept confidential and are not subject to discovery or subpoena.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.7. Physical Therapy [2600 - 2696] ( Chapter 5.7 added by Stats. 1953, Ch. 1826. ) ## ARTICLE 7. Substance Abuse Rehabilitation Program [2662 - 2669] ( Heading of Article 7 renumbered from Article 5.5 by Stats. 2013, Ch. 389, Sec. 62. ) ## 2667. All board and rehabilitation evaluation committee records and records of proceedings and participation of a physical therapist or physical therapist assistant in a program shall be confidential and are not subject to discovery or subpoena. (Amended by Stats. 2013, Ch. 389, Sec. 67. (SB 198) Effective January 1, 2014.)
  138. 2668.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.7. Physical Therapy [2600 - 2696] ( Chapter 5.7 added by Stats. 1953, Ch. 1826. ) ## ARTICLE 7. Substance Abuse Rehabilitation Program [2662 - 2669] ( Heading of Article 7 renumbered from Article 5.5 by Stats. 2013, Ch. 389, Sec. 62. )

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    Participants in the program must pay a fee covering the program’s actual administrative cost. The board may use a contractor to collect and keep the fee, and the board or its designee must review the contractor and participant files every two years, with voluntary participant names kept confidential except in specified problem cases.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.7. Physical Therapy [2600 - 2696] ( Chapter 5.7 added by Stats. 1953, Ch. 1826. ) ## ARTICLE 7. Substance Abuse Rehabilitation Program [2662 - 2669] ( Heading of Article 7 renumbered from Article 5.5 by Stats. 2013, Ch. 389, Sec. 62. ) ## 2668. (a) A fee to cover the actual cost of administering the program shall be charged for participation in the program. If the board contracts with any other entity to carry out this article, at the discretion of the board, the fee may be collected and retained by that entity. (b) If the board contracts with any other entity to carry out this section, the executive officer of the board, or his or her designee, shall review the activities and performance of the contractor on a biennial basis. As part of this review, the board shall review files of participants in the program. However, the names of participants who entered the program voluntarily shall remain confidential, except when the review reveals misdiagnosis, case mismanagement, or noncompliance by the participant. (c) Subdivision (a) shall apply to all new participants entering into the board’s rehabilitation program on or after January 1, 2007. Subdivision (a) shall apply on and after January 1, 2008, to participants currently enrolled as of December 31, 2007. (Amended by Stats. 2013, Ch. 389, Sec. 68. (SB 198) Effective January 1, 2014.)
  139. 2669.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.7. Physical Therapy [2600 - 2696] ( Chapter 5.7 added by Stats. 1953, Ch. 1826. ) ## ARTICLE 7. Substance Abuse Rehabilitation Program [2662 - 2669] ( Heading of Article 7 renumbered from Article 5.5 by Stats. 2013, Ch. 389, Sec. 62. )

    Verify source ↗

    A rehabilitation program participant cannot use program participation as a defense to board discipline, and the board may discipline a physical therapist or assistant who is unsuccessfully terminated from the program.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.7. Physical Therapy [2600 - 2696] ( Chapter 5.7 added by Stats. 1953, Ch. 1826. ) ## ARTICLE 7. Substance Abuse Rehabilitation Program [2662 - 2669] ( Heading of Article 7 renumbered from Article 5.5 by Stats. 2013, Ch. 389, Sec. 62. ) ## 2669. Participation in a rehabilitation program shall not be a defense to any disciplinary action that may be taken by the board. This section does not preclude the board from commencing disciplinary action against a physical therapist or physical therapist assistant who is terminated unsuccessfully from the program. That disciplinary action may not include as evidence any confidential information. (Amended by Stats. 2013, Ch. 389, Sec. 69. (SB 198) Effective January 1, 2014.)
  140. 2670.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.7. Physical Therapy [2600 - 2696] ( Chapter 5.7 added by Stats. 1953, Ch. 1826. ) ## ARTICLE 8. Offenses Against this Chapter [2670 - 2672] ( Heading of Article 8 renumbered from Article 6 by Stats. 2013, Ch. 389, Sec. 70. )

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    Anyone who violates this chapter commits a misdemeanor and may be fined up to $1,000, jailed up to six months, or both.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.7. Physical Therapy [2600 - 2696] ( Chapter 5.7 added by Stats. 1953, Ch. 1826. ) ## ARTICLE 8. Offenses Against this Chapter [2670 - 2672] ( Heading of Article 8 renumbered from Article 6 by Stats. 2013, Ch. 389, Sec. 70. ) ## 2670. Any person who violates any of the provisions of this chapter shall be guilty of a misdemeanor, punishable by a fine not exceeding one thousand dollars ($1,000) or imprisonment in a county jail not exceeding six months, or by both. (Amended by Stats. 1983, Ch. 1092, Sec. 9. Effective September 27, 1983. Operative January 1, 1984, by Sec. 427 of Ch. 1092.)
  141. 2672.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.7. Physical Therapy [2600 - 2696] ( Chapter 5.7 added by Stats. 1953, Ch. 1826. ) ## ARTICLE 8. Offenses Against this Chapter [2670 - 2672] ( Heading of Article 8 renumbered from Article 6 by Stats. 2013, Ch. 389, Sec. 70. )

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    A court may issue an injunction or other order to stop conduct that is or will be an offense against this chapter.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.7. Physical Therapy [2600 - 2696] ( Chapter 5.7 added by Stats. 1953, Ch. 1826. ) ## ARTICLE 8. Offenses Against this Chapter [2670 - 2672] ( Heading of Article 8 renumbered from Article 6 by Stats. 2013, Ch. 389, Sec. 70. ) ## 2672. Whenever any person has engaged or is about to engage in any acts or practices that constitute or will constitute an offense against this chapter, the superior court of any county, on application of the board, or 10 or more persons holding physical therapist licenses issued under this chapter, 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. (Amended by Stats. 2013, Ch. 389, Sec. 71. (SB 198) Effective January 1, 2014.)
  142. 2680.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.7. Physical Therapy [2600 - 2696] ( Chapter 5.7 added by Stats. 1953, Ch. 1826. ) ## ARTICLE 9. Fiscal Administration [2680 - 2689] ( Heading of Article 9 renumbered from Article 7 by Stats. 2013, Ch. 389, Sec. 74. )

    Verify source ↗

    The board must keep records and a register of licensed persons, compile a list of authorized physical therapists, and provide copies of that list to interested persons who apply and pay the board-set amount.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.7. Physical Therapy [2600 - 2696] ( Chapter 5.7 added by Stats. 1953, Ch. 1826. ) ## ARTICLE 9. Fiscal Administration [2680 - 2689] ( Heading of Article 9 renumbered from Article 7 by Stats. 2013, Ch. 389, Sec. 74. ) ## 2680. The board shall keep a record of its proceedings under this chapter, and a register of all persons licensed under it. The register shall show the name of every living licensee, his or her last known place of residence, and the date and number of his or her license as a physical therapist. The board shall compile a list of physical therapists authorized to practice physical therapy in the state. Any interested person is entitled to obtain a copy of that list upon application to the board and payment of such amount as may be fixed by the board which amount shall not exceed the cost of the list so furnished. (Amended by Stats. 1996, Ch. 829, Sec. 61. Effective January 1, 1997.)
  143. 2681.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.7. Physical Therapy [2600 - 2696] ( Chapter 5.7 added by Stats. 1953, Ch. 1826. ) ## ARTICLE 9. Fiscal Administration [2680 - 2689] ( Heading of Article 9 renumbered from Article 7 by Stats. 2013, Ch. 389, Sec. 74. )

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    The board must report monthly collections information to the State Controller and pay those collections into the State Treasury.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.7. Physical Therapy [2600 - 2696] ( Chapter 5.7 added by Stats. 1953, Ch. 1826. ) ## ARTICLE 9. Fiscal Administration [2680 - 2689] ( Heading of Article 9 renumbered from Article 7 by Stats. 2013, Ch. 389, Sec. 74. ) ## 2681. Within 10 days after the beginning of each calendar month the board shall report to the State Controller the amount and source of all collections made from persons licensed or seeking to be licensed under this chapter and at the same time pay all such sums into the State Treasury, where they shall be credited to the Physical Therapy Fund. (Added by renumbering Section 2693 by Stats. 1968, Ch. 1284.)
  144. 2682.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.7. Physical Therapy [2600 - 2696] ( Chapter 5.7 added by Stats. 1953, Ch. 1826. ) ## ARTICLE 9. Fiscal Administration [2680 - 2689] ( Heading of Article 9 renumbered from Article 7 by Stats. 2013, Ch. 389, Sec. 74. )

    Verify source ↗

    The board must deposit all collections into the Physical Therapy Fund and report each month to the Controller the amount and source of those collections.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.7. Physical Therapy [2600 - 2696] ( Chapter 5.7 added by Stats. 1953, Ch. 1826. ) ## ARTICLE 9. Fiscal Administration [2680 - 2689] ( Heading of Article 9 renumbered from Article 7 by Stats. 2013, Ch. 389, Sec. 74. ) ## 2682. There is in the State Treasury the Physical Therapy Fund. All collections from persons licensed or seeking to be licensed shall be paid by the board into the Physical Therapy Fund after reporting to the Controller at the beginning of each month the amount and source of the collections. All money in the Physical Therapy Fund shall be available, upon appropriation by the Legislature, for the exclusive purpose of executing this chapter. (Amended by Stats. 2017, Ch. 454, Sec. 22. (AB 1706) Effective January 1, 2018.)
  145. 2687.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.7. Physical Therapy [2600 - 2696] ( Chapter 5.7 added by Stats. 1953, Ch. 1826. ) ## ARTICLE 9. Fiscal Administration [2680 - 2689] ( Heading of Article 9 renumbered from Article 7 by Stats. 2013, Ch. 389, Sec. 74. )

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    The board must report its fees, fines, and forfeitures to the State Controller each month, and the money must be paid into the State Treasury and credited to the Physical Therapy Fund.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.7. Physical Therapy [2600 - 2696] ( Chapter 5.7 added by Stats. 1953, Ch. 1826. ) ## ARTICLE 9. Fiscal Administration [2680 - 2689] ( Heading of Article 9 renumbered from Article 7 by Stats. 2013, Ch. 389, Sec. 74. ) ## 2687. All fees earned by the board and all fines and forfeitures of bail to which the board is entitled shall be reported at the beginning of each month, for the month preceding, to the State Controller. At the same time, the entire amount of these collections shall be paid into the State Treasury and shall be credited to the Physical Therapy Fund. This fund shall be for the use of the board to pay all salaries and all other expenses necessarily incurred in carrying into effect the provisions of this chapter. (Amended by Stats. 2005, Ch. 74, Sec. 7. Effective July 19, 2005.)
  146. 2688.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.7. Physical Therapy [2600 - 2696] ( Chapter 5.7 added by Stats. 1953, Ch. 1826. ) ## ARTICLE 9. Fiscal Administration [2680 - 2689] ( Heading of Article 9 renumbered from Article 7 by Stats. 2013, Ch. 389, Sec. 74. )

    Verify source ↗

    This section sets the fees for physical therapy licenses, applications, exams, renewals, duplicate documents, and endorsements, with different amounts depending on the date and license type.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.7. Physical Therapy [2600 - 2696] ( Chapter 5.7 added by Stats. 1953, Ch. 1826. ) ## ARTICLE 9. Fiscal Administration [2680 - 2689] ( Heading of Article 9 renumbered from Article 7 by Stats. 2013, Ch. 389, Sec. 74. ) ## 2688. The amount of fees assessed in connection with licenses issued under this chapter is as follows: (a) (1) The fee for an application for licensure as a physical therapist submitted to the board prior to March 1, 2009, shall be seventy-five dollars ($75). The fee for an application submitted under Section 2653 to the board prior to March 1, 2009, shall be one hundred twenty-five dollars ($125). (2) The fee for an application for licensure as a physical therapist submitted to the board on or after March 1, 2009, shall be one hundred twenty-five dollars ($125). The fee for an application submitted under Section 2653 to the board on or after March 1, 2009, shall be two hundred dollars ($200). (3) Notwithstanding paragraphs (1) and (2), the board may decrease or increase the amount of an application fee under this subdivision, but in no event shall the application fee amount exceed three hundred dollars ($300). (b) The examination and reexamination fees for the physical therapist examination, physical therapist assistant examination, and the examination to demonstrate knowledge of the California rules and regulations related to the practice of physical therapy shall be the actual cost to the board of the development and writing of, or purchase of the examination, and grading of each written examination, plus the actual cost of administering each examination. The board, at its discretion, may require the licensure applicant to pay the fee for the examinations required by Section 2636 directly to the organization conducting the examination. (c) (1) The fee for a physical therapist license issued prior to March 1, 2009, shall be seventy-five dollars ($75). (2) The fee for a physical therapist license issued on or after March 1, 2009, shall be one hundred dollars ($100). (3) Notwithstanding paragraphs (1) and (2), the board may decrease or increase the amount of the fee under this subdivision, but in no event shall the fee to issue the license exceed one hundred fifty dollars ($150). (d) (1) The fee to renew a physical therapist license that expires prior to April 1, 2009, shall be one hundred fifty dollars ($150). (2) The fee to renew a physical therapist license that expires on or after April 1, 2009, shall be two hundred dollars ($200). (3) Notwithstanding paragraphs (1) and (2), the board may decrease or increase the amount of the renewal fee under this subdivision, but in no event shall the renewal fee amount exceed three hundred dollars ($300). (e) (1) The fee for application and for issuance of a physical therapist assistant license shall be seventy-five dollars ($75) for an application submitted to the board prior to March 1, 2009. (2) The fee for application and for issuance of a physical therapist assistant license shall be one hundred twenty-five dollars ($125) for an application submitted to the board on or after March 1, 2009. The fee for an application submitted under Section 2653 to the board on or after March 1, 2009, shall be two hundred dollars ($200). (3) Notwithstanding paragraphs (1) and (2), the board may decrease or increase the amount of the fee under this subdivision, but in no event shall the application fee amount exceed three hundred dollars ($300). (f) (1) The fee to renew a physical therapist assistant license that expires prior to April 1, 2009, shall be one hundred fifty dollars ($150). (2) The fee to renew a physical therapist assistant license that expires on or after April 1, 2009, shall be two hundred dollars ($200). (3) Notwithstanding paragraphs (1) and (2), the board may decrease or increase the amount of the renewal fee under this subdivision, but in no event shall the renewal fee amount exceed three hundred dollars ($300). (g) Notwithstanding Section 163.5, the delinquency fee shall be 50 percent of the renewal fee in effect. (h) (1) The duplicate wall certificate fee shall be fifty dollars ($50). The duplicate renewal receipt fee amount shall be fifty dollars ($50). (2) Notwithstanding paragraph (1), the board may decrease or increase the amount of the fee under this subdivision to an amount that does not exceed the cost of issuing duplicates, but in no event shall that fee exceed one hundred dollars ($100). (i) (1) The endorsement or letter of good standing fee shall be sixty dollars ($60). (2) Notwithstanding paragraph (1), the board may decrease or increase the amount of the fee under this subdivision to an amount that does not exceed the cost of issuing an endorsement or letter, but in no event shall the fee amount exceed one hundred dollars ($100). (Amended by Stats. 2017, Ch. 454, Sec. 23. (AB 1706) Effective January 1, 2018.)
  147. 2689.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.7. Physical Therapy [2600 - 2696] ( Chapter 5.7 added by Stats. 1953, Ch. 1826. ) ## ARTICLE 9. Fiscal Administration [2680 - 2689] ( Heading of Article 9 renumbered from Article 7 by Stats. 2013, Ch. 389, Sec. 74. )

    Verify source ↗

    The board may set application and renewal fees by regulation, capped at $200, and must charge a $500 examination/reexamination fee to certain applicants.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.7. Physical Therapy [2600 - 2696] ( Chapter 5.7 added by Stats. 1953, Ch. 1826. ) ## ARTICLE 9. Fiscal Administration [2680 - 2689] ( Heading of Article 9 renumbered from Article 7 by Stats. 2013, Ch. 389, Sec. 74. ) ## 2689. (a) The board may establish by regulation suitable application and renewal fees of not more than two hundred dollars ($200), for persons certified to perform electromyographical testing pursuant to Section 2620.5, based upon the cost of operating the certification program. The application fee shall be paid by the applicant at the time the application is filed and the renewal fee shall be paid as provided in Section 2644. (b) The board shall charge an examination and reexamination fee of five hundred dollars ($500) to applicants who are examined and who have been found to otherwise meet the board’s standards for certification. (Amended by Stats. 2017, Ch. 454, Sec. 25. (AB 1706) Effective January 1, 2018.)
  148. 2690.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.7. Physical Therapy [2600 - 2696] ( Chapter 5.7 added by Stats. 1953, Ch. 1826. ) ## ARTICLE 10. Physical Therapy Corporations [2690 - 2696] ( Heading of Article 10 renumbered from Article 8 by Stats. 2013, Ch. 389, Sec. 79. )

    Verify source ↗

    A physical therapy corporation is one authorized to provide professional services if it and specified professionals 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 5.7. Physical Therapy [2600 - 2696] ( Chapter 5.7 added by Stats. 1953, Ch. 1826. ) ## ARTICLE 10. Physical Therapy Corporations [2690 - 2696] ( Heading of Article 10 renumbered from Article 8 by Stats. 2013, Ch. 389, Sec. 79. ) ## 2690. A physical therapy corporation is a corporation that is authorized to render professional services, as defined in Section 13401 of the Corporations Code, so long as that corporation and its shareholders, officers, directors, and employees rendering professional services who are physical therapists 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 physical therapy corporation, the governmental agency referred to in the Moscone-Knox Professional Corporation Act is the Physical Therapy Board of California. (Amended by Stats. 1996, Ch. 829, Sec. 69. Effective January 1, 1997.)
  149. 2691.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.7. Physical Therapy [2600 - 2696] ( Chapter 5.7 added by Stats. 1953, Ch. 1826. ) ## ARTICLE 10. Physical Therapy Corporations [2690 - 2696] ( Heading of Article 10 renumbered from Article 8 by Stats. 2013, Ch. 389, Sec. 79. )

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    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 regulations adopted under those laws.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.7. Physical Therapy [2600 - 2696] ( Chapter 5.7 added by Stats. 1953, Ch. 1826. ) ## ARTICLE 10. Physical Therapy Corporations [2690 - 2696] ( Heading of Article 10 renumbered from Article 8 by Stats. 2013, Ch. 389, Sec. 79. ) ## 2691. 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. 10.)
  150. 2692.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.7. Physical Therapy [2600 - 2696] ( Chapter 5.7 added by Stats. 1953, Ch. 1826. ) ## ARTICLE 10. Physical Therapy Corporations [2690 - 2696] ( Heading of Article 10 renumbered from Article 8 by Stats. 2013, Ch. 389, Sec. 79. )

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    A physical therapy corporation must not engage in conduct that would count as unprofessional conduct, and it must follow the applicable statutes and regulations in its practice.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.7. Physical Therapy [2600 - 2696] ( Chapter 5.7 added by Stats. 1953, Ch. 1826. ) ## ARTICLE 10. Physical Therapy Corporations [2690 - 2696] ( Heading of Article 10 renumbered from Article 8 by Stats. 2013, Ch. 389, Sec. 79. ) ## 2692. A physical therapy corporation shall not do or fail to do any act the doing of which or the failure to do which would constitute unprofessional conduct under any statute or regulation, now or hereafter in effect. In the conduct of its practice, it shall observe and be bound by such statutes and regulations to the same extent as a person holding a license under this chapter. (Repealed and added by Stats. 1980, Ch. 1314, Sec. 10.)
  151. 2693.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.7. Physical Therapy [2600 - 2696] ( Chapter 5.7 added by Stats. 1953, Ch. 1826. ) ## ARTICLE 10. Physical Therapy Corporations [2690 - 2696] ( Heading of Article 10 renumbered from Article 8 by Stats. 2013, Ch. 389, Sec. 79. )

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    A physical therapy corporation’s name, including any professional services name it uses, must include “physical therapy” or “physical therapist” and wording or abbreviations showing corporate existence.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.7. Physical Therapy [2600 - 2696] ( Chapter 5.7 added by Stats. 1953, Ch. 1826. ) ## ARTICLE 10. Physical Therapy Corporations [2690 - 2696] ( Heading of Article 10 renumbered from Article 8 by Stats. 2013, Ch. 389, Sec. 79. ) ## 2693. The name of a physical therapy corporation and any name or names under which it may render professional services shall contain the words “physical therapy” or “physical therapist”, and wording or abbreviations denoting corporate existence. (Repealed and added by Stats. 1980, Ch. 1314, Sec. 10.)
  152. 2694.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.7. Physical Therapy [2600 - 2696] ( Chapter 5.7 added by Stats. 1953, Ch. 1826. ) ## ARTICLE 10. Physical Therapy Corporations [2690 - 2696] ( Heading of Article 10 renumbered from Article 8 by Stats. 2013, Ch. 389, Sec. 79. )

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    Most shareholders, directors, and officers of a physical therapy corporation 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 5.7. Physical Therapy [2600 - 2696] ( Chapter 5.7 added by Stats. 1953, Ch. 1826. ) ## ARTICLE 10. Physical Therapy Corporations [2690 - 2696] ( Heading of Article 10 renumbered from Article 8 by Stats. 2013, Ch. 389, Sec. 79. ) ## 2694. Except as provided in Section 13403 of the Corporations Code, each shareholder, director and officer of a physical therapy corporation, except an assistant secretary and an assistant treasurer, shall be a licensed person as defined in Section 13401 of the Corporations Code. (Repealed and added by Stats. 1980, Ch. 1314, Sec. 10.)
  153. 2695.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.7. Physical Therapy [2600 - 2696] ( Chapter 5.7 added by Stats. 1953, Ch. 1826. ) ## ARTICLE 10. Physical Therapy Corporations [2690 - 2696] ( Heading of Article 10 renumbered from Article 8 by Stats. 2013, Ch. 389, Sec. 79. )

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    A physical therapy corporation must not let income from professional services benefit a shareholder or the shareholder’s shares when that shareholder is a disqualified person.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.7. Physical Therapy [2600 - 2696] ( Chapter 5.7 added by Stats. 1953, Ch. 1826. ) ## ARTICLE 10. Physical Therapy Corporations [2690 - 2696] ( Heading of Article 10 renumbered from Article 8 by Stats. 2013, Ch. 389, Sec. 79. ) ## 2695. The income of a physical therapy corporation attributable to professional services rendered while a shareholder is a disqualified person, as defined in Section 13401 of the Corporations Code, shall not in any manner accrue to the benefit of such shareholder or his or her shares in the physical therapy corporation. (Repealed and added by Stats. 1980, Ch. 1314, Sec. 10.)
  154. 2696.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.7. Physical Therapy [2600 - 2696] ( Chapter 5.7 added by Stats. 1953, Ch. 1826. ) ## ARTICLE 10. Physical Therapy Corporations [2690 - 2696] ( Heading of Article 10 renumbered from Article 8 by Stats. 2013, Ch. 389, Sec. 79. )

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    The board may make and enforce regulations for physical therapy corporations, including rules requiring certain bylaws and patient claim security.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.7. Physical Therapy [2600 - 2696] ( Chapter 5.7 added by Stats. 1953, Ch. 1826. ) ## ARTICLE 10. Physical Therapy Corporations [2690 - 2696] ( Heading of Article 10 renumbered from Article 8 by Stats. 2013, Ch. 389, Sec. 79. ) ## 2696. The board may adopt and enforce regulations to carry out the purposes and objectives of this article, including regulations requiring (a) that the bylaws of a physical therapy 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 a deceased person, shall be sold to the corporation or to the remaining shareholders of the corporation within the time as the regulations may provide, and (b) that a physical therapy corporation shall provide adequate security by insurance or otherwise for claims against it by its patients arising out of the rendering of professional services. (Amended by Stats. 1996, Ch. 829, Sec. 70. Effective January 1, 1997.)
  155. 27.

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

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    Certain California regulatory entities must publish license-status information online, including suspensions, revocations, and related enforcement actions, while protecting personal information.

    ## Business and Professions Code - BPC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1937, Ch. 399. ) ## 27. (a) Each entity specified in subdivisions (c), (d), and (e) shall provide on the internet information regarding the status of every license issued by that entity in accordance with the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code) and the Information Practices Act of 1977 (Chapter 1 (commencing with Section 1798) of Title 1.8 of Part 4 of Division 3 of the Civil Code). The public information to be provided on the internet shall include information on suspensions and revocations of licenses issued by the entity and other related enforcement action, including accusations filed pursuant to the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code) taken by the entity relative to persons, businesses, or facilities subject to licensure or regulation by the entity. The information may not include personal information, including home telephone number, date of birth, or social security number. Each entity shall disclose a licensee’s address of record. However, each entity shall allow a licensee to provide a post office box number or other alternate address, instead of the licensee’s home address, as the address of record. This section shall not preclude an entity from also requiring a licensee, who has provided a post office box number or other alternative mailing address as the licensee’s address of record, to provide a physical business address or residence address only for the entity’s internal administrative use and not for disclosure as the licensee’s address of record or disclosure on the internet. (b) In providing information on the internet, each entity specified in subdivisions (c) and (d) shall comply with the Department of Consumer Affairs’ guidelines for access to public records. (c) Each of the following entities within the Department of Consumer Affairs shall comply with the requirements of this section: (1) The Board for Professional Engineers, Land Surveyors, and Geologists shall disclose information on its registrants and licensees. (2) The Bureau of Automotive Repair shall disclose information on its licensees, including automotive repair dealers, smog check stations, smog check inspectors and repair technicians, and vehicle safety systems inspection stations and technicians. (3) The Bureau of Household Goods and Services shall disclose information on its licensees, registrants, and permitholders. (4) The Cemetery and Funeral Bureau shall disclose information on its licensees, including cemetery brokers, cemetery salespersons, cemetery managers, crematory managers, cemetery authorities, crematories, cremated remains disposers, embalmers, funeral establishments, hydrolysis facilities, reduction facilities, and funeral directors. (5) The Professional Fiduciaries Bureau shall disclose information on its licensees. (6) The Contractors State License Board shall disclose information on its licensees and registrants in accordance with Chapter 9 (commencing with Section 7000) of Division 3. In addition to information related to licenses as specified in subdivision (a), the board shall also disclose information provided to the board by the Labor Commissioner pursuant to Section 98.9 of the Labor Code. (7) The Bureau for Private Postsecondary Education shall disclose information on private postsecondary institutions under its jurisdiction, including disclosure of notices to comply issued pursuant to Section 94935 of the Education Code. (8) The California Board of Accountancy shall disclose information on its licensees and registrants. (9) The California Architects Board shall disclose information on its licensees, including architects and landscape architects. (10) The State Athletic Commission shall disclose information on its licensees and registrants. (11) The State Board of Barbering and Cosmetology shall disclose information on its licensees. (12) The Acupuncture Board shall disclose information on its licensees. (13) The Board of Behavioral Sciences shall disclose information on its licensees and registrants. (14) The Dental Board of California shall disclose information on its licensees. (15) The California State Board of Optometry shall disclose information on its licensees and registrants. (16) The Board of Psychology shall disclose information on its licensees, including psychologists and registered psychological associates, psychological testing technicians, research psychoanalysts, and student research psychoanalysts. (17) The Veterinary Medical Board shall disclose information on its licensees, registrants, and permitholders. (d) The State Board of Chiropractic Examiners shall disclose information on its licensees. (e) The Structural Pest Control Board shall disclose information on its licensees, including applicators, field representatives, and operators in the areas of fumigation, general pest and wood destroying pests and organisms, and wood roof cleaning and treatment. (f) “Internet” for the purposes of this section has the meaning set forth in paragraph (6) of subdivision (f) of Section 17538. (Amended by Stats. 2025, Ch. 787, Sec. 2.5. (SB 775) Effective January 1, 2026.)
  156. 27.5.

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

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    A board must update a license or registration to reflect a current name or gender when the person requests it and provides the required documentation.

    ## Business and Professions Code - BPC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1937, Ch. 399. ) ## 27.5. (a) (1) Notwithstanding any other law, if a board within the Department of Consumer Affairs receives government-issued documentation, as described in subdivision (b), from a licensee or registrant demonstrating that the licensee’s or registrant’s legal name or gender has been changed, the board, upon request by the licensee or registrant, shall update the individual’s license or registration by replacing references to the former name or gender on the license or registration, as applicable, with references to the current name or gender. (2) (A) If the board operates an online license verification system, upon request by a licensee or registrant whose name or gender was updated pursuant to paragraph (1), the board shall replace references to the licensee’s or registrant’s former name or gender with the individual’s current name or gender, as applicable, on the publicly viewable information displayed on the internet about the licensee or registrant. The licensee’s or registrant’s former name or gender, as applicable, shall not be published online. (B) Notwithstanding any other law, for licensees or registrants subject to subparagraph (A) who were previously subject to an enforcement action referencing the individual’s former name or gender, as applicable, the board shall not post enforcement records online, but shall instead post online a statement stating that the individual previously was subject to enforcement action and directing the public to contact the board for more information about the licensee’s or registrant’s prior enforcement action. The board shall ensure compliance with the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code) in implementing this section, including, but not limited to, responding to a request for records within 10 days from receipt of the request, as specified in Section 7922.535 of the Government Code. (C) If a public search of the online license verification system is performed using a licensee’s or registrant’s former name that was replaced pursuant to subparagraph (A), the board shall post an online statement directing the public to contact the board for more information about the licensee or registrant. (3) If requested by the licensee or registrant, the board shall reissue the license created by the board and conferred upon the licensee or registrant by the board. A board shall not charge a higher fee for reissuing a document with an updated legal name or gender than the fee it regularly charges for reissuing a document with other updated information. (b) (1) The documentation identified in either of the following is required to demonstrate a legal name change of a licensee or registrant: (A) A certified court order issued pursuant to a proceeding authorized by subdivision (b) of Section 1277 of the Code of Civil Procedure and a copy of the certificate issued under the Secretary of State’s Safe at Home program authorized by Chapter 3.1 (commencing with Section 6205) of Division 7 of Title 1 of the Government Code reflecting the licensee’s or registrant’s updated name. (B) A certified court order issued pursuant to a proceeding authorized by Section 1277.5 of the Code of Civil Procedure or Article 7 (commencing with Section 103425) of Chapter 11 of Part 1 of Division 102 of the Health and Safety Code reflecting the licensee’s or registrant’s updated name. (2) Any of the following documents are sufficient to demonstrate a gender change of a licensee or registrant: (A) State-issued driver’s license or identification card. (B) Birth certificate. (C) Passport. (D) Social security card. (E) Court order indicating a gender change from a court of this state, another state, the District of Columbia, any territory of the United States, or any foreign court. (c) Notwithstanding any other law, all records related to a request by a licensee or registrant for a board to update the individual’s license or registration pursuant to this section, including, but not limited to, all documentation described in subdivision (b), are confidential and not subject to public inspection or disclosure. (Added by Stats. 2023, Ch. 225, Sec. 1. (SB 372) Effective January 1, 2024.)
  157. 27.6.

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

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    The successor agency must send available school performance data, including attendance and graduation rates, to the California Postsecondary Education Commission.

    ## Business and Professions Code - BPC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1937, Ch. 399. ) ## 27.6. The successor agency to the Bureau for Private Postsecondary and Vocational Education shall transmit any available data regarding school performance, including, but not limited to, attendance and graduation rates, it receives from any schools under its jurisdiction to the California Postsecondary Education Commission. (Added by Stats. 2009, Ch. 642, Sec. 1. (SB 599) Effective November 2, 2009. Became operative as provided in Sec. 5 of Ch. 642.)
  158. 2700.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 1. Administration [2700 - 2717] ( Article 1 added by Stats. 1939, Ch. 807. )

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    This section says the nursing chapter is part of the Business and Professions Code, is to be read as revising and updating earlier nursing laws, and may be cited as the Nursing Practice Act.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 1. Administration [2700 - 2717] ( Article 1 added by Stats. 1939, Ch. 807. ) ## 2700. This chapter of the Business and Professions Code constitutes the chapter on professional nursing and shall be construed as revisory and amendatory of the laws heretofore enacted. It may be cited as the Nursing Practice Act. (Repealed and added by Stats. 1939, Ch. 807.)
  159. 2701.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 1. Administration [2700 - 2717] ( Article 1 added by Stats. 1939, Ch. 807. )

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    The section creates the Board of Registered Nursing, defines “board” for this chapter, gives the board the authority of the previous board, and lets it enforce prior disciplinary actions.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 1. Administration [2700 - 2717] ( Article 1 added by Stats. 1939, Ch. 807. ) ## 2701. (a) There is in the Department of Consumer Affairs the Board of Registered Nursing consisting of nine members. (b) For purposes of this chapter, “board” means the Board of Registered Nursing. Any reference in state law to the Board of Nurse Examiners of the State of California or the California Board of Nursing Education and Nurse Registration shall be construed to refer to the Board of Registered Nursing. (c) The board shall have all authority vested in the previous board under this chapter. The board may enforce all disciplinary actions undertaken by the previous board. (d) This section shall remain in effect only until January 1, 2027, and as of that date is repealed, unless a later enacted statute that is enacted before January 1, 2027, deletes or extends that date. (Amended by Stats. 2022, Ch. 413, Sec. 4. (AB 2684) Effective January 1, 2023. Repealed as of January 1, 2027, by its own provisions.)
  160. 2701.5.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 1. Administration [2700 - 2717] ( Article 1 added by Stats. 1939, Ch. 807. )

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    If Section 2701 is repealed, the board becomes subject to review by the Legislature’s appropriate policy committees.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 1. Administration [2700 - 2717] ( Article 1 added by Stats. 1939, Ch. 807. ) ## 2701.5. Notwithstanding any other law, the repeal of Section 2701 renders the board subject to review by the appropriate policy committees of the Legislature. (Added by Stats. 2021, Ch. 628, Sec. 2. (AB 1532) Effective January 1, 2022.)
  161. 2702.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 1. Administration [2700 - 2717] ( Article 1 added by Stats. 1939, Ch. 807. )

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    Board members must meet residency, licensing, experience, and role-balance requirements.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 1. Administration [2700 - 2717] ( Article 1 added by Stats. 1939, Ch. 807. ) ## 2702. (a) Each member of the board shall be a resident of the state. (b) Four members shall represent the public at large, and shall not be licensed under any board under this division or any board referred to in Section 1000 or 3600 and shall have no pecuniary interests in the provision of health care services. (c) Two members shall be licensed registered nurses under the provisions of this chapter, each of whom shall be active in the practice of their profession engaged primarily in direct patient care with at least five continuous years of experience, and who shall not be engaged as an educator or administrator of a nursing education program under the provisions of this chapter. (d) One member shall be a licensed registered nurse who shall be active as an advanced practice registered nurse as defined in Section 2725.5. (e) One member shall be a licensed registered nurse under the provisions of this chapter who shall be active as an educator or administrator in an approved program to train registered nurses. (f) One member shall be a licensed registered nurse who is an administrator of a nursing service with at least five continuous years of experience. (Amended by Stats. 2021, Ch. 628, Sec. 3. (AB 1532) Effective January 1, 2022.)
  162. 2703.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 1. Administration [2700 - 2717] ( Article 1 added by Stats. 1939, Ch. 807. )

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    This section sets appointment and term rules for nursing board members, including who appoints them and how long they serve.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 1. Administration [2700 - 2717] ( Article 1 added by Stats. 1939, Ch. 807. ) ## 2703. (a) Except as provided in subdivision (c), all appointments shall be for a term of four years and vacancies shall be filled for the unexpired term. No person shall serve more than two consecutive terms. (b) The Governor shall appoint two of the public members and the licensed members of the board qualified as provided in Section 2702. The Senate Committee on Rules and the Speaker of the Assembly shall each appoint a public member. (c) The initial appointments shall be for the following terms: (1) One public member appointed by the Governor shall serve a term of one year. The other public member appointed by the Governor shall serve a term of five years. (2) One licensed member described in subdivision (c) of Section 2702 shall serve a term of two years. The other licensed member described in subdivision (c) of Section 2702 shall serve a term of three years. The licensed member described in subdivision (e) of Section 2702 shall serve a term of four years. Of the two remaining licensed members, one shall serve a term of two years, and the other shall serve a term of three years. (3) Each public member appointed by the Senate Committee on Rules or the Speaker of the Assembly shall serve a term of four years. (Amended by Stats. 2012, Ch. 4, Sec. 4. (SB 98) Effective February 14, 2012.)
  163. 2706.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 1. Administration [2700 - 2717] ( Article 1 added by Stats. 1939, Ch. 807. )

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    Each appointing authority may remove its board appointee from office at any time for neglect of legal duties, incompetence, or unprofessional or dishonorable conduct.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 1. Administration [2700 - 2717] ( Article 1 added by Stats. 1939, Ch. 807. ) ## 2706. Pursuant to Section 106, each appointing authority has the power to remove from office, at any time, any member of the board appointed by that authority under Section 2703 for continued neglect of duties required by law, or for incompetence, or unprofessional or dishonorable conduct. (Amended by Stats. 2022, Ch. 413, Sec. 5. (AB 2684) Effective January 1, 2023.)
  164. 2707.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 1. Administration [2700 - 2717] ( Article 1 added by Stats. 1939, Ch. 807. )

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    The board must elect a president, vice president, and any other necessary officers from among its members each year.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 1. Administration [2700 - 2717] ( Article 1 added by Stats. 1939, Ch. 807. ) ## 2707. The board shall annually elect from its members a president, vice president, and any other officers as it may deem necessary. The officers of the board shall hold their respective positions during its pleasure. (Amended by Stats. 1994, Ch. 1275, Sec. 11. Effective January 1, 1995.)
  165. 2708.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 1. Administration [2700 - 2717] ( Article 1 added by Stats. 1939, Ch. 807. )

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    The board must appoint an executive officer, and that officer must be a licensed nurse, follow board-assigned duties, and not be a board member.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 1. Administration [2700 - 2717] ( Article 1 added by Stats. 1939, Ch. 807. ) ## 2708. (a) The board shall appoint an executive officer who shall perform the duties delegated by the board and be responsible to the board for the accomplishment of those duties. (b) The executive officer shall be a nurse currently licensed under this chapter and shall possess other qualifications as determined by the board. (c) The executive officer shall not be a member of the board. (d) The executive officer is authorized to adopt a decision entered by default and a stipulation for surrender of a license. (e) This section shall remain in effect only until January 1, 2027, and as of that date is repealed, unless a later enacted statute that is enacted before January 1, 2027, deletes or extends that date. (Amended by Stats. 2022, Ch. 413, Sec. 6. (AB 2684) Effective January 1, 2023. Repealed as of January 1, 2027, by its own provisions.)
  166. 2708.1.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 1. Administration [2700 - 2717] ( Article 1 added by Stats. 1939, Ch. 807. )

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    The Board of Registered Nursing must treat protection of the public as its top priority when it exercises licensing, regulatory, and disciplinary functions.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 1. Administration [2700 - 2717] ( Article 1 added by Stats. 1939, Ch. 807. ) ## 2708.1. Protection of the public shall be the highest priority for the Board of Registered Nursing in exercising its licensing, regulatory, and disciplinary functions. Whenever the protection of the public is inconsistent with other interests sought to be promoted, the protection of the public shall be paramount. (Added by Stats. 2002, Ch. 107, Sec. 10. Effective January 1, 2003.)
  167. 2709.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 1. Administration [2700 - 2717] ( Article 1 added by Stats. 1939, Ch. 807. )

    Verify source ↗

    The board must meet at least once every three months, and meetings must be held in northern and southern California.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 1. Administration [2700 - 2717] ( Article 1 added by Stats. 1939, Ch. 807. ) ## 2709. The board for the purpose of transacting its business shall meet at least once every three months, at times and places it designates by resolution. Meetings shall be held in northern and southern California. (Amended by Stats. 2012, Ch. 789, Sec. 2. (SB 122) Effective January 1, 2013.)
  168. 2709.5.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 1. Administration [2700 - 2717] ( Article 1 added by Stats. 1939, Ch. 807. )

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    The board must accept certain payment methods for fees required by this chapter.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 1. Administration [2700 - 2717] ( Article 1 added by Stats. 1939, Ch. 807. ) ## 2709.5. The board shall accept in payment of any fee required by this chapter cash or any customary or generally accepted medium of exchange, including check, cashier’s check, certified check or money order. For the purposes of this section, customary or generally accepted medium of exchange does not include postage stamps. (Amended by Stats. 2002, Ch. 810, Sec. 23. Effective January 1, 2003.)
  169. 2710.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 1. Administration [2700 - 2717] ( Article 1 added by Stats. 1939, Ch. 807. )

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    The board may hold special meetings, and the executive officer must send electronic written notice of the meeting’s time, place, and object to board members who did not call the meeting at least 15 days before it occurs.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 1. Administration [2700 - 2717] ( Article 1 added by Stats. 1939, Ch. 807. ) ## 2710. (a) Special meetings may be held at such times as the board may elect, or on the call of the president of the board, or of not less than three members thereof. (b) A written notice of the time, place, and object of any special meeting shall be sent electronically by the executive officer to all members of the board who are not parties to the call, at least 15 days before the day of the meeting. (Amended by Stats. 2023, Ch. 510, Sec. 24. (SB 887) Effective January 1, 2024.)
  170. 2710.5.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 1. Administration [2700 - 2717] ( Article 1 added by Stats. 1939, Ch. 807. )

    Verify source ↗

    The board may form advisory committees if the Director of the Department of Consumer Affairs gives permission, and committee members are entitled to 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 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 1. Administration [2700 - 2717] ( Article 1 added by Stats. 1939, Ch. 807. ) ## 2710.5. The board, with permission of the Director of the Department of Consumer Affairs, may form advisory committees to advise the board on the implementation of this chapter. Members of such advisory committees shall be entitled to a per diem and expenses as provided in Section 103. (Added by Stats. 1974, Ch. 632.)
  171. 2712.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 1. Administration [2700 - 2717] ( Article 1 added by Stats. 1939, Ch. 807. )

    Verify source ↗

    Five board members make a quorum for business at any meeting.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 1. Administration [2700 - 2717] ( Article 1 added by Stats. 1939, Ch. 807. ) ## 2712. Five members of the board constitute a quorum for the transaction of business at any meeting. (Amended by Stats. 1985, Ch. 1055, Sec. 1.)
  172. 2713.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 1. Administration [2700 - 2717] ( Article 1 added by Stats. 1939, Ch. 807. )

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    The board must keep records of its proceedings, including a register of all license applicants and the board’s action on each application.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 1. Administration [2700 - 2717] ( Article 1 added by Stats. 1939, Ch. 807. ) ## 2713. The board shall keep a record of all its proceedings, including a register of all applicants for licenses under this chapter and the action of the board upon each application. (Amended by Stats. 1983, Ch. 742, Sec. 4.)
  173. 2714.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 1. Administration [2700 - 2717] ( Article 1 added by Stats. 1939, Ch. 807. )

    Verify source ↗

    The board’s office must be in Sacramento, and it may set up suboffices in Los Angeles and San Francisco.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 1. Administration [2700 - 2717] ( Article 1 added by Stats. 1939, Ch. 807. ) ## 2714. The office of the board shall be in the city of Sacramento. Suboffices may be established in Los Angeles and San Francisco and such records as may be necessary may be transferred temporarily to them. Legal proceedings against the board may be instituted in any county in which any of the three cities above mentioned is located. (Added by Stats. 1939, Ch. 807.)
  174. 2715.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 1. Administration [2700 - 2717] ( Article 1 added by Stats. 1939, Ch. 807. )

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    The board must prosecute violators of this chapter, may hire staff and legal counsel with an exception, and may adopt rules and regulations needed to carry out the chapter.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 1. Administration [2700 - 2717] ( Article 1 added by Stats. 1939, Ch. 807. ) ## 2715. (a) The board shall prosecute all persons guilty of violating this chapter. (b) Except as provided by Section 159.5, the board, in accordance with the Civil Service Law, may employ personnel, including legal counsel, as it deems necessary to carry into effect this chapter. (c) The board shall have and use a seal bearing the name “Board of Registered Nursing.” The board may adopt, amend, or repeal, in accordance with the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the rules and regulations that may be reasonably necessary to enable it to carry into effect this chapter. (Amended by Stats. 2017, Ch. 429, Sec. 7. (SB 547) Effective January 1, 2018.)
  175. 2716.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 1. Administration [2700 - 2717] ( Article 1 added by Stats. 1939, Ch. 807. )

    Verify source ↗

    Each board member is entitled to a per diem and expenses as provided in Section 103.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 1. Administration [2700 - 2717] ( Article 1 added by Stats. 1939, Ch. 807. ) ## 2716. Each member of the board shall receive a per diem and expenses as provided in Section 103. (Repealed and added by Stats. 1959, Ch. 1645.)
  176. 2717.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 1. Administration [2700 - 2717] ( Article 1 added by Stats. 1939, Ch. 807. )

    Verify source ↗

    The board must include regional forecasts in its biennial nursing workforce analyses and develop a plan to address regional shortages identified by those forecasts.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 1. Administration [2700 - 2717] ( Article 1 added by Stats. 1939, Ch. 807. ) ## 2717. (a) The board shall incorporate regional forecasts into its biennial analyses of the nursing workforce conducted pursuant to Section 502. (b) The board shall develop a plan to address regional areas of shortage identified by its nursing workforce forecast. (Amended by Stats. 2022, Ch. 413, Sec. 7. (AB 2684) Effective January 1, 2023.)
  177. 2725.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 2. Scope of Regulation [2725 - 2742] ( Article 2 added by Stats. 1939, Ch. 807. )

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    This section defines the practice of nursing and limits other state agencies from defining it or creating standardized procedures, except where authorized by law.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 2. Scope of Regulation [2725 - 2742] ( Article 2 added by Stats. 1939, Ch. 807. ) ## 2725. (a) In amending this section at the 1973–74 session, the Legislature recognizes that nursing is a dynamic field, the practice of which is continually evolving to include more sophisticated patient care activities. It is the intent of the Legislature in amending this section at the 1973–74 session to provide clear legal authority for functions and procedures that have common acceptance and usage. It is the legislative intent also to recognize the existence of overlapping functions between physicians and registered nurses and to permit additional sharing of functions within organized health care systems that provide for collaboration between physicians and registered nurses. These organized health care systems include, but are not limited to, health facilities licensed pursuant to Chapter 2 (commencing with Section 1250) of Division 2 of the Health and Safety Code, clinics, home health agencies, physicians’ offices, and public or community health services. (b) The practice of nursing within the meaning of this chapter means those functions, including basic health care, that help people cope with difficulties in daily living that are associated with their actual or potential health or illness problems or the treatment thereof, and that require a substantial amount of scientific knowledge or technical skill, including all of the following: (1) Direct and indirect patient care services that ensure the safety, comfort, personal hygiene, and protection of patients; and the performance of disease prevention and restorative measures. (2) Direct and indirect patient care services, including, but not limited to, the administration of medications and therapeutic agents, necessary to implement a treatment, disease prevention, or rehabilitative regimen ordered by and within the scope of licensure of a physician, dentist, podiatrist, or clinical psychologist, as defined by Section 1316.5 of the Health and Safety Code. (3) The performance of skin tests, immunization techniques, and the withdrawal of human blood from veins and arteries. (4) Observation of signs and symptoms of illness, reactions to treatment, general behavior, or general physical condition, and (A) determination of whether the signs, symptoms, reactions, behavior, or general appearance exhibit abnormal characteristics, and (B) implementation, based on observed abnormalities, of appropriate reporting, or referral, or standardized procedures, or changes in treatment regimen in accordance with standardized procedures, or the initiation of emergency procedures. (c) “Standardized procedures,” as used in this section, means either of the following: (1) Policies and protocols developed by a health facility licensed pursuant to Chapter 2 (commencing with Section 1250) of Division 2 of the Health and Safety Code through collaboration among administrators and health professionals including physicians and nurses. (2) Policies and protocols developed through collaboration among administrators and health professionals, including physicians and nurses, by an organized health care system which is not a health facility licensed pursuant to Chapter 2 (commencing with Section 1250) of Division 2 of the Health and Safety Code. The policies and protocols shall be subject to any guidelines for standardized procedures that the Division of Licensing of the Medical Board of California and the Board of Registered Nursing may jointly promulgate. If promulgated, the guidelines shall be administered by the Board of Registered Nursing. (d) Nothing in this section shall be construed to require approval of standardized procedures by the Division of Licensing of the Medical Board of California, or by the Board of Registered Nursing. (e) No state agency other than the board may define or interpret the practice of nursing for those licensed pursuant to the provisions of this chapter, or develop standardized procedures or protocols pursuant to this chapter, unless so authorized by this chapter, or specifically required under state or federal statute. “State agency” includes every state office, officer, department, division, bureau, board, authority, and commission. (Amended by Stats. 2003, Ch. 640, Sec. 5. Effective January 1, 2004.)
  178. 2725.1.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 2. Scope of Regulation [2725 - 2742] ( Article 2 added by Stats. 1939, Ch. 807. )

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    A registered nurse may dispense drugs or devices only under specified orders and only in certain clinic settings; clinics cannot hire nurses solely to dispense, and nurses cannot run pharmacy-like retail drug operations or compound drugs.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 2. Scope of Regulation [2725 - 2742] ( Article 2 added by Stats. 1939, Ch. 807. ) ## 2725.1. (a) Notwithstanding any other provision of law, a registered nurse may dispense drugs or devices upon an order by a licensed physician and surgeon or an order by a certified nurse-midwife, nurse practitioner, or physician assistant issued pursuant to Section 2746.51, 2836.1, or 3502.1, respectively, if the registered nurse is functioning within a licensed primary care clinic as defined in subdivision (a) of Section 1204 of, or within a clinic as defined in subdivision (b), (c), (h), or (j) of Section 1206 of, the Health and Safety Code. (b) No clinic shall employ a registered nurse to perform dispensing duties exclusively. No registered nurse shall dispense drugs in a pharmacy, keep a pharmacy, open shop, or drugstore for the retailing of drugs or poisons. No registered nurse shall compound drugs. Dispensing of drugs by a registered nurse, except a certified nurse-midwife who functions pursuant to a standardized procedure or protocol described in Section 2746.51 or a nurse practitioner who functions pursuant to a standardized procedure described in Section 2836.1, or protocol, shall not include substances included in the California Uniform Controlled Substances Act (Division 10 (commencing with Section 11000) of the Health and Safety Code). Nothing in this section shall exempt a clinic from the provisions of Article 13 (commencing with Section 4180) of Chapter 9. (c) Nothing in this section shall be construed to limit any other authority granted to a certified nurse-midwife pursuant to Article 2.5 (commencing with Section 2746), to a nurse practitioner pursuant to Article 8 (commencing with Section 2834), or to a physician assistant pursuant to Chapter 7.7 (commencing with Section 3500). (d) Nothing in this section shall be construed to affect the sites or types of health care facilities at which drugs or devices are authorized to be dispensed pursuant to Chapter 9 (commencing with Section 4000). (Amended by Stats. 2012, Ch. 460, Sec. 1. (AB 2348) Effective January 1, 2013.)
  179. 2725.2.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 2. Scope of Regulation [2725 - 2742] ( Article 2 added by Stats. 1939, Ch. 807. )

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    A registered nurse may dispense certain FDA-approved self-administered hormonal contraceptives and administer FDA-approved hormonal contraceptive injections, but only under a compliant standardized procedure.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 2. Scope of Regulation [2725 - 2742] ( Article 2 added by Stats. 1939, Ch. 807. ) ## 2725.2. (a) Notwithstanding any other provision of law, a registered nurse may dispense self-administered hormonal contraceptives approved by the federal Food and Drug Administration (FDA) and may administer injections of hormonal contraceptives approved by the FDA in strict adherence to standardized procedures developed in compliance with subdivision (c) of Section 2725. (b) The standardized procedure described in subdivision (a) shall include all of the following: (1) Which nurse, based on successful completion of training and competency assessment, may dispense or administer the hormonal contraceptives. (2) Minimum training requirements regarding educating patients on medical standards for ongoing women’s preventive health, contraception options education and counseling, properly eliciting, documenting, and assessing patient and family health history, and utilization of the United States Medical Eligibility Criteria for Contraceptive Use. (3) Demonstration of competency in providing the appropriate prior examination comprised of checking blood pressure, weight, and patient and family health history, including medications taken by the patient. (4) Which hormonal contraceptives may be dispensed or administered under specified circumstances, utilizing the most recent version of the United States Medical Eligibility Criteria for Contraceptive Use. (5) Criteria and procedure for identification, documentation, and referral of patients with contraindications for hormonal contraceptives and patients in need of a followup visit to a physician and surgeon, nurse practitioner, certified nurse-midwife, or physician assistant. (6) The extent of physician and surgeon supervision required. (7) The method of periodic review of the nurse’s competence. (8) The method of periodic review of the standardized procedure, including, but not limited to, the required frequency of review and the person conducting that review. (9) Adherence to subdivision (a) of Section 2242 in a manner developed through collaboration with health care providers, including physicians and surgeons, certified nurse-midwives, nurse practitioners, physician assistants, and registered nurses. The appropriate prior examination shall be consistent with the evidence-based practice guidelines adopted by the federal Centers for Disease Control and Prevention in conjunction with the United States Medical Eligibility Criteria for Contraceptive Use. (10) If a patient has been seen exclusively by a registered nurse for three consecutive years, the patient shall be evaluated by a physician and surgeon, nurse practitioner, certified nurse-midwife, or physician assistant prior to continuing the dispensation or administration of hormonal contraceptives. (c) Nothing in this section shall be construed to affect the sites or types of health care facilities at which drugs or devices are authorized to be dispensed pursuant to Chapter 9 (commencing with Section 4000). (Added by Stats. 2012, Ch. 460, Sec. 2. (AB 2348) Effective January 1, 2013.)
  180. 2725.3.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 2. Scope of Regulation [2725 - 2742] ( Article 2 added by Stats. 1939, Ch. 807. )

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    Certain health facilities may not use unlicensed personnel to do nursing work instead of a registered nurse, or let them do high-skill tasks under a registered nurse’s direct clinical supervision.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 2. Scope of Regulation [2725 - 2742] ( Article 2 added by Stats. 1939, Ch. 807. ) ## 2725.3. (a) A health facility licensed pursuant to subdivision (a), (b), or (f), of Section 1250 of the Health and Safety Code shall not assign unlicensed personnel to perform nursing functions in lieu of a registered nurse and may not allow unlicensed personnel to perform functions under the direct clinical supervision of a registered nurse that require a substantial amount of scientific knowledge and technical skills, including, but not limited to, any of the following: (1) Administration of medication. (2) Venipuncture or intravenous therapy. (3) Parenteral or tube feedings. (4) Invasive procedures including inserting nasogastric tubes, inserting catheters, or tracheal suctioning. (5) Assessment of patient condition. (6) Educating patients and their families concerning the patient’s health care problems, including postdischarge care. (7) Moderate complexity laboratory tests. (b) This section shall not preclude any person from performing any act or function that he or she is authorized to perform pursuant to Division 2 (commencing with Section 500) or pursuant to existing statute or regulation as of July 1, 1999. (Added by Stats. 1999, Ch. 945, Sec. 2. Effective January 1, 2000.)
  181. 2725.4.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 2. Scope of Regulation [2725 - 2742] ( Article 2 added by Stats. 1939, Ch. 807. )

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    Nurse practitioners and certified nurse-midwives must complete specified clinical and didactic training before performing abortion by aspiration techniques, and nurse practitioners must practice within applicable standards and their training scope.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 2. Scope of Regulation [2725 - 2742] ( Article 2 added by Stats. 1939, Ch. 807. ) ## 2725.4. Notwithstanding any other provision of this chapter, the following shall apply: (a) In order to perform an abortion by aspiration techniques pursuant to Section 2253, a person with a license or certificate to practice as a nurse practitioner practicing pursuant to a standardized procedure, or a qualified nurse practitioner functioning pursuant to Section 2837.103 or 2837.104, shall achieve clinical competency by successfully completing requisite training, which shall include both a clinical and didactic component, in performing these procedures provided by any of the following: (1) A board-approved nurse practitioner program or in a course offered by an accredited nurse practitioner program. (2) A course offered by a board-approved continuing education provider that reflects evidence-based curriculum and training guidelines or a course approved for Category I continuing medical education. (3) A course offered by a state or national health care professional or accreditation organization. (4) Training based on the competency-based training protocols established by the Health Workforce Pilot Project (HWPP) No. 171 through the Office of Statewide Health Planning and Development, now known as the Department of Health Care Access and Information. (5) Training and evaluation of clinical competency, performed at a clinic or hospital, on performing abortion by aspiration techniques that is provided by any of the following who have performed the procedure themselves: (A) A physician and surgeon. (B) A nurse practitioner or certified nurse midwife authorized to perform abortion by aspiration techniques pursuant to this section. (C) A physician assistant authorized to perform abortion by aspiration techniques pursuant to Section 3502.4. (b) In order to perform an abortion by aspiration techniques pursuant to Section 2253, a person with a license or certificate to practice as a certified nurse-midwife shall achieve clinical competency by successfully completing requisite training, which shall include both a clinical and didactic component, in performing these procedures provided by any of the following: (1) A board-approved nurse-midwifery program or in a course offered by an accredited nurse-midwifery program. (2) A course offered by a Board-approved continuing education provider that reflects evidence-based curriculum and training guidelines or a course approved for Category I continuing medical education. (3) A course offered by a state or national health care professional or accreditation organization. (4) Training based on the competency-based training protocols established by the Health Workforce Pilot Project (HWPP) No. 171 through the Office of Statewide Health Planning and Development, now known as the Department of Health Care Access and Information. (5) Training and evaluation of clinical competency, performed at a clinic or hospital, on performing abortion by aspiration techniques that is provided by any of the following who have performed the procedure themselves: (A) A physician and surgeon. (B) A nurse practitioner or certified nurse midwife authorized to perform abortion by aspiration techniques pursuant to this section. (C) A physician assistant authorized to perform abortion by aspiration techniques pursuant to Section 3502.4. (c) A violation of this section by a nurse practitioner or certified nurse midwife constitutes unprofessional conduct. (d) A nurse practitioner who has completed training required in this section and is functioning pursuant to Section 2837.103 or 2837.104 may perform an abortion by aspiration techniques pursuant to Section 2253 without supervision by a physician or surgeon. (e) A nurse practitioner shall practice abortion by aspiration techniques pursuant to Section 2253 consistent with applicable standards of care and within the scope of their clinical and professional education and training. (f) A person authorized to perform abortion by aspiration techniques described in paragraph (5) of subdivision (a) and paragraph (5) of subdivision (b) shall not be punished, held liable for damages in a civil action, or denied any right or privilege for any action relating to the evaluation of clinical competency of a nurse practitioner pursuant to paragraph (5) of subdivision (a) or a certified nurse-midwife pursuant to paragraph (5) of subdivision (b). (g) This section shall not be interpreted to authorize a person with a license or certificate to practice as a nurse practitioner or certified nurse-midwife to perform abortion by aspiration techniques after the first trimester of pregnancy. (h) For purposes of this section, exclusively online or simulation-based training programs that do not include mandatory clinical hours involving direct patient care shall not meet the clinical training requirements in subdivisions (a) and (b). (Amended by Stats. 2022, Ch. 631, Sec. 1. (SB 1375) Effective January 1, 2023.)
  182. 2725.5.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 2. Scope of Regulation [2725 - 2742] ( Article 2 added by Stats. 1939, Ch. 807. )

    Verify source ↗

    This section defines “advanced practice registered nurse” as a licensed registered nurse who has met specified article requirements.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 2. Scope of Regulation [2725 - 2742] ( Article 2 added by Stats. 1939, Ch. 807. ) ## 2725.5. “Advanced practice registered nurse” means those licensed registered nurses who have met the requirements of Article 2.5 (commencing with Section 2746), Article 7 (commencing with Section 2825), Article 8 (commencing with Section 2834), or Article 9 (commencing with Section 2838). (Added by Stats. 2003, Ch. 640, Sec. 6. Effective January 1, 2004.)
  183. 2726.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 2. Scope of Regulation [2725 - 2742] ( Article 2 added by Stats. 1939, Ch. 807. )

    Verify source ↗

    This chapter does not give authority to practice medicine or surgery, except as otherwise provided here.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 2. Scope of Regulation [2725 - 2742] ( Article 2 added by Stats. 1939, Ch. 807. ) ## 2726. Except as otherwise provided herein, this chapter confers no authority to practice medicine or surgery. (Amended by Stats. 1974, Ch. 355.)
  184. 2727.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 2. Scope of Regulation [2725 - 2742] ( Article 2 added by Stats. 1939, Ch. 807. )

    Verify source ↗

    This chapter does not ban certain caregiving and nursing-related acts, including family care, domestic incidental care, family remedies, emergency nursing, and limited physical care or carrying out a licensed physician’s orders.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 2. Scope of Regulation [2725 - 2742] ( Article 2 added by Stats. 1939, Ch. 807. ) ## 2727. This chapter does not prohibit: (a) Gratuitous nursing of the sick by friends or members of the family. (b) Incidental care of the sick by domestic workers or by persons primarily employed as housekeepers as long as they do not practice nursing within the meaning of this chapter. (c) Domestic administration of family remedies by any person. (d) Nursing services in case of an emergency. “Emergency,” as used in this subdivision includes an epidemic, pandemic, or other public disaster. (e) The performance by a person of the duties required in the physical care of a patient or carrying out medical orders prescribed by a licensed physician, provided the person shall not in any way assume to practice as a professional, registered, graduate, or trained nurse. (Amended by Stats. 2021, Ch. 628, Sec. 5. (AB 1532) Effective January 1, 2022.)
  185. 2727.5.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 2. Scope of Regulation [2725 - 2742] ( Article 2 added by Stats. 1939, Ch. 807. )

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    A licensed person who, in good faith, gives emergency care at an emergency scene outside the person’s work setting is not liable for civil damages for acts or omissions in providing that care, unless the person was grossly negligent.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 2. Scope of Regulation [2725 - 2742] ( Article 2 added by Stats. 1939, Ch. 807. ) ## 2727.5. A person licensed under this chapter who in good faith renders emergency care at the scene of an emergency which occurs outside both the place and the course of that person’s employment shall not be liable for any civil damages as the result of acts or omissions by that person in rendering the emergency care. This section shall not grant immunity from civil damages when the person is grossly negligent. (Amended by Stats. 1984, Ch. 1391, Sec. 2.)
  186. 2728.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 2. Scope of Regulation [2725 - 2742] ( Article 2 added by Stats. 1939, Ch. 807. )

    Verify source ↗

    Covered institutions may use certain nonlicensed or limited-license personnel to provide nursing services if adequate professional supervision is in place.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 2. Scope of Regulation [2725 - 2742] ( Article 2 added by Stats. 1939, Ch. 807. ) ## 2728. If adequate medical and nursing supervision by a professional nurse or nurses is provided, nursing service may be given by attendants, psychiatric technicians, or psychiatric technician interim permittees in institutions under the jurisdiction of the State Department of State Hospitals or the State Department of Developmental Services or subject to visitation by the State Department of Public Health or the Department of Corrections and Rehabilitation. Services given by a psychiatric technician shall be limited to services that they are authorized to perform by their license as a psychiatric technician. Services given by a psychiatric technician interim permittee shall be limited to skills included in their basic course of study and performed under the supervision of a licensed psychiatric technician or registered nurse. The Director of State Hospitals, the Director of Developmental Services, and the State Public Health Officer shall determine what shall constitute adequate medical and nursing supervision in any institution under the jurisdiction of the State Department of State Hospitals or the State Department of Developmental Services or subject to visitation by the State Department of Public Health. Notwithstanding any other provision of law, institutions under the jurisdiction of the State Department of State Hospitals or the State Department of Developmental Services may utilize graduates of accredited psychiatric technician training programs who are not licensed psychiatric technicians or psychiatric technician interim permittees to perform skills included in their basic course of study when supervised by a licensed psychiatric technician or registered nurse, for a period not to exceed nine months. (Amended by Stats. 2023, Ch. 510, Sec. 25. (SB 887) Effective January 1, 2024.)
  187. 2728.5.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 2. Scope of Regulation [2725 - 2742] ( Article 2 added by Stats. 1939, Ch. 807. )

    Verify source ↗

    This section allows licensed psychiatric technicians and interim permittees to be used for certain care, treatment, rehabilitation, and related nursing services within their authorized scope, subject to listed facility settings and an exception for laws about directors of nursing services.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 2. Scope of Regulation [2725 - 2742] ( Article 2 added by Stats. 1939, Ch. 807. ) ## 2728.5. Except for those provisions of law relating to directors of nursing services, nothing in this chapter or any other provision of law shall prevent the utilization of a licensed psychiatric technician or psychiatric technician interim permittee in performing services used in the care, treatment, and rehabilitation of mentally ill, emotionally disturbed, or developmentally disabled persons within the scope of practice for which he or she is licensed or authorized in facilities under the jurisdiction of the State Department of State Hospitals or the State Department of Developmental Services or licensed by the State Department of Public Health, that he or she is licensed to perform as a psychiatric technician, or authorized to perform as a psychiatric technician interim permittee including any nursing services under Section 2728, in facilities under the jurisdiction of the State Department of State Hospitals or the State Department of Developmental Services or subject to visitation by the State Department of Public Health. (Amended by Stats. 2012, Ch. 24, Sec. 2. (AB 1470) Effective June 27, 2012.)
  188. 2729.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 2. Scope of Regulation [2725 - 2742] ( Article 2 added by Stats. 1939, Ch. 807. )

    Verify source ↗

    A student may render nursing services if the services are incidental to the course of study and the student fits one of the listed education or licensure situations.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 2. Scope of Regulation [2725 - 2742] ( Article 2 added by Stats. 1939, Ch. 807. ) ## 2729. Nursing services may be rendered by a student when these services are incidental to the course of study of one of the following: (a) A student enrolled in a board-approved prelicensure program or school of nursing. (b) A nurse licensed in another state or country taking a board-approved continuing education course or a postlicensure course. (Amended by Stats. 1978, Ch. 212.)
  189. 2730.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 2. Scope of Regulation [2725 - 2742] ( Article 2 added by Stats. 1939, Ch. 807. )

    Verify source ↗

    A nurse legally qualified in another state or country may give nursing care in this state if the nurse does not hold themself out as licensed here and the work is tied to an out-of-state or foreign engagement involving a patient temporarily residing in this state.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 2. Scope of Regulation [2725 - 2742] ( Article 2 added by Stats. 1939, Ch. 807. ) ## 2730. If he does not represent or hold himself out as a professional nurse licensed to practice in this State and if he has an engagement, made in another State or country, requiring him to accompany and care for a patient temporarily residing in this State during the period of such engagement, a nurse legally qualified by another State or country may give nursing care to such patient in this State. (Repealed and added by Stats. 1939, Ch. 807.)
  190. 2731.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 2. Scope of Regulation [2725 - 2742] ( Article 2 added by Stats. 1939, Ch. 807. )

    Verify source ↗

    This chapter does not bar adherents of a well recognized church or denomination from nursing or caring for the sick, including for compensation or personal profit, if it is connected to their religious tenets and they do not otherwise practice nursing.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 2. Scope of Regulation [2725 - 2742] ( Article 2 added by Stats. 1939, Ch. 807. ) ## 2731. This chapter does not prohibit nursing or the care of the sick, with or without compensation or personal profit, when done by the adherents of and in connection with the practice of the religious tenets of any well recognized church or denomination, so long as they do not otherwise engage in the practice of nursing. (Repealed and added by Stats. 1939, Ch. 807.)
  191. 2732.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 2. Scope of Regulation [2725 - 2742] ( Article 2 added by Stats. 1939, Ch. 807. )

    Verify source ↗

    A person may not practice nursing without an active license, unless another part of the act provides otherwise. Licensed persons may use the title “registered nurse” and add “R.N.” after their name.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 2. Scope of Regulation [2725 - 2742] ( Article 2 added by Stats. 1939, Ch. 807. ) ## 2732. No person shall engage in the practice of nursing, as defined in Section 2725, without holding a license that is in an active status issued under this chapter except as otherwise provided in this act. Every licensee may be known as a registered nurse and may place the letters “R.N.” after their name. (Amended by Stats. 2023, Ch. 510, Sec. 26. (SB 887) Effective January 1, 2024.)
  192. 2732.05.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 2. Scope of Regulation [2725 - 2742] ( Article 2 added by Stats. 1939, Ch. 807. )

    Verify source ↗

    Employers and employment agents must verify that certain nurses, temporary licensees, or interim permittees are currently authorized to practice before employment.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 2. Scope of Regulation [2725 - 2742] ( Article 2 added by Stats. 1939, Ch. 807. ) ## 2732.05. (a) Every employer of a registered nurse, every employer of a registered nurse required to hold any board-issued certification, and every person acting as an agent for such a nurse in obtaining employment, shall ascertain that the nurse is currently authorized to practice as a registered nurse or as a registered nurse pursuant to a board-issued certification within the provisions of this chapter. As used in this section, “board-issued certification” includes, but is not limited to, certification as a nurse practitioner, nurse practitioner with a furnishing number, nurse anesthetist, nurse midwife, nurse midwife with a furnishing number, public health nurse, clinical nurse specialist, or board listed psychiatric mental health nurse. (b) Every employer of a temporary licensee or interim permittee and every person acting as an agent for a temporary licensee or interim permittee in obtaining employment shall ascertain that the person is currently authorized to practice as a temporary licensee or interim permittee. (c) As used in this section, the term “agent” includes, but is not limited to, a nurses registry and a traveling nurse agency. Examination by an employer or agent of evidence satisfactory to the board showing the nurse’s, licensee’s, or permittee’s current authority to practice under this chapter, prior to employment, shall constitute a determination of authority to so practice. Nothing in this section shall apply to a patient, or other person acting for a specific patient, who engages the services of a registered nurse or temporary licensee to provide nursing care to a single patient. (Amended by Stats. 2007, Ch. 588, Sec. 37. Effective January 1, 2008.)
  193. 2732.1.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 2. Scope of Regulation [2725 - 2742] ( Article 2 added by Stats. 1939, Ch. 807. )

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    Applicants for a nursing license by examination must file a written application in the board’s form and pay the required fee. The board may issue an interim permit, and it may also issue a license without examination to certain already-licensed nurses who meet the listed conditions.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 2. Scope of Regulation [2725 - 2742] ( Article 2 added by Stats. 1939, Ch. 807. ) ## 2732.1. (a) An applicant for license by examination shall submit a written application in the form prescribed by the board. Upon approval of the application, the board may issue an interim permit authorizing the applicant to practice nursing pending the results of the first licensing examination following completion of their nursing course or for a maximum period of six months, whichever occurs first. If the applicant passes the examination, the interim permit shall remain in effect until a regular renewable license is issued by the board. If the applicant fails the examination, the interim permit shall terminate. (b) The board upon written application may issue a license without examination to any applicant who is licensed or registered as a nurse in a state, district, or territory of the United States or Canada having, in the opinion of the board, requirements for licensing or registration equal to or higher than those in California at the time the application is filed with the Board of Registered Nursing, if they have passed an examination for the license or registration that is, in the board’s opinion, comparable to the board’s examination, and if they meet all the other requirements set forth in Section 2736. (c) Each application shall be accompanied by the fee prescribed by this chapter for the filing of an application for a regular renewable license. The interim permit shall terminate if it is issued by mistake or if the application for permanent licensure is denied. (Amended by Stats. 2023, Ch. 510, Sec. 27. (SB 887) Effective January 1, 2024.)
  194. 2733.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 2. Scope of Regulation [2725 - 2742] ( Article 2 added by Stats. 1939, Ch. 807. )

    Verify source ↗

    The board may issue certain temporary nursing licenses or certificates for six months, may reissue them in limited cases, and must publish their availability on its website.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 2. Scope of Regulation [2725 - 2742] ( Article 2 added by Stats. 1939, Ch. 807. ) ## 2733. (a) (1) (A) Upon approval of an application filed pursuant to subdivision (b) of Section 2732.1, and upon the payment of the fee prescribed by subdivision (k) of Section 2815, the board may issue a temporary license to practice professional nursing, and a temporary certificate to practice as a certified public health nurse for a period of six months from the date of issuance. (B) Upon approval of an application filed pursuant to subdivision (b) of Section 2732.1, and upon the payment of the fee prescribed by subdivision (d) of Section 2838.2, the board may issue a temporary certificate to practice as a certified clinical nurse specialist for a period of six months from the date of issuance. (C) Upon approval of an application filed pursuant to subdivision (b) of Section 2732.1, and upon the payment of the fee prescribed by subdivision (e) of Section 2815.5, the board may issue a temporary certificate to practice as a certified nurse-midwife for a period of six months from the date of issuance. (D) Upon approval of an application filed pursuant to subdivision (b) of Section 2732.1, and upon the payment of the fee prescribed by subdivision (d) of Section 2830.7, the board may issue a temporary certificate to practice as a certified nurse anesthetist for a period of six months from the date of issuance. (E) Upon approval of an application filed pursuant to subdivision (b) of Section 2732.1, and upon the payment of the fee prescribed by subdivision (p) of Section 2815, the board may issue a temporary certificate to practice as a certified nurse practitioner for a period of six months from the date of issuance. (2) A temporary license or temporary certificate shall terminate if it is issued by mistake or if the application for permanent licensure is denied. (b) Upon written application, the board may reissue a temporary license or temporary certificate to any person who has applied for a regular renewable license pursuant to subdivision (b) of Section 2732.1 and who, in the judgment of the board has been excusably delayed in completing their application for or the minimum requirements for a regular renewable license, but the board may not reissue a temporary license or temporary certificate more than twice to any one person. (c) The board shall prominently display on the front page of its website the availability of temporary licenses and certificates pursuant to this section. (Amended by Stats. 2023, Ch. 510, Sec. 28. (SB 887) Effective January 1, 2024.)
  195. 2734.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 2. Scope of Regulation [2725 - 2742] ( Article 2 added by Stats. 1939, Ch. 807. )

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    A licensee may request inactive status for a license by applying in writing to the board and paying the biennial renewal fee.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 2. Scope of Regulation [2725 - 2742] ( Article 2 added by Stats. 1939, Ch. 807. ) ## 2734. Upon application in writing to the board and payment of the biennial renewal fee, a licensee may have their license placed in an inactive status for an indefinite period of time. A licensee whose license is in an inactive status may not practice nursing. However, a licensee does not have to comply with the continuing education standards of Section 2811.5. (Amended by Stats. 2023, Ch. 510, Sec. 29. (SB 887) Effective January 1, 2024.)
  196. 2736.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 2. Scope of Regulation [2725 - 2742] ( Article 2 added by Stats. 1939, Ch. 807. )

    Verify source ↗

    Applicants for registered nurse licensure must meet board-set education and training requirements, avoid disqualifying denial under Section 480, and, for certain foreign-trained applicants, pass the board’s exam.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 2. Scope of Regulation [2725 - 2742] ( Article 2 added by Stats. 1939, Ch. 807. ) ## 2736. (a) An applicant for licensure as a registered nurse shall comply with each of the following: (1) Have completed general preliminary education requirements as shall be determined by the board. (2) Have successfully completed the courses of instruction prescribed by the board for licensure, in a program in this state approved by the board for training registered nurses, or have successfully completed courses of instruction in a school of nursing outside of this state that, in the opinion of the board at the time the application is filed with the board, are equivalent to the minimum requirements of the board for licensure established for an approved program in this state. (3) Not be subject to denial of licensure under Section 480. (b) An applicant who has received their training from a school of nursing in a country outside the United States and who has complied with subdivision (a), or has completed training equivalent to that required by subdivision (a), shall qualify for licensure by successfully passing the examination prescribed by the board. (Amended by Stats. 2024, Ch. 497, Sec. 14. (SB 1526) Effective January 1, 2025.)
  197. 2736.1.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 2. Scope of Regulation [2725 - 2742] ( Article 2 added by Stats. 1939, Ch. 807. )

    Verify source ↗

    Nursing course requirements must include training on substance dependency, and later entrants must also be trained on client abuse, including spousal or partner abuse.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 2. Scope of Regulation [2725 - 2742] ( Article 2 added by Stats. 1939, Ch. 807. ) ## 2736.1. (a) The course of instruction for an applicant who matriculates on or after September 1, 1985, shall include training in the detection and treatment of alcohol and chemical substance dependency. (b) The course of instruction for an applicant who matriculates on or after January 1, 1995, shall include training in the detection and treatment of client abuse, including, but not limited to, spousal or partner abuse. The requirement for coursework in spousal or partner abuse detection and treatment shall be satisfied by, and the board shall accept in satisfaction of the requirement, a certification from the chief academic officer of the educational institution from which the applicant graduated that the required coursework is included within the institution’s required curriculum for graduation. (Amended by Stats. 1993, Ch. 1234, Sec. 5. Effective January 1, 1994.)
  198. 2736.5.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 2. Scope of Regulation [2725 - 2742] ( Article 2 added by Stats. 1939, Ch. 807. )

    Verify source ↗

    The board must require implicit bias content in most continuing education courses for nursing licensees, and providers must comply starting January 1, 2023.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 2. Scope of Regulation [2725 - 2742] ( Article 2 added by Stats. 1939, Ch. 807. ) ## 2736.5. (a) (1) The board shall adopt regulations to require that, on and after January 1, 2022, all continuing education courses for licensees under this chapter contain curriculum that includes the understanding of implicit bias. (2) Beginning January 1, 2023, continuing education providers shall ensure compliance with paragraph (1). Beginning January 1, 2023, the board shall audit continuing education providers, pursuant to Section 2811.5. (b) Notwithstanding the provisions of subdivision (a), a continuing education course dedicated solely to research or other issues that does not include a direct patient care component is not required to contain curriculum that includes implicit bias in the practice of nursing. (c) In order to satisfy the requirements of subdivision (a), continuing education courses shall address at least one or a combination of the following: (1) Examples of how implicit bias affects perceptions and treatment decisions of licensees, leading to disparities in health outcomes. (2) Strategies to address how unintended biases in decisionmaking may contribute to health care disparities by shaping behavior and producing differences in medical treatment along lines of race, ethnicity, gender identity, sexual orientation, age, socioeconomic status, or other characteristics. (Added by Stats. 2019, Ch. 417, Sec. 3. (AB 241) Effective January 1, 2020.)
  199. 2736.6.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 2. Scope of Regulation [2725 - 2742] ( Article 2 added by Stats. 1939, Ch. 807. )

    Verify source ↗

    The board must set by regulation the extra nursing preparation a vocational nurse needs to qualify to take the registered nurse licensing exam, and it cannot require more than 30 units.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 2. Scope of Regulation [2725 - 2742] ( Article 2 added by Stats. 1939, Ch. 807. ) ## 2736.6. The board shall determine by regulation the additional preparation in nursing, in a school approved by the board, which is required for a vocational nurse, licensed under Chapter 6.5 (commencing with Section 2840) of this division, to be eligible to take the examination for licensure under this chapter as a registered nurse. The board shall not require more than 30 units in nursing and related science subjects to satisfy such preparation. (Added by Stats. 1969, Ch. 1541.)
  200. 2737.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 2. Scope of Regulation [2725 - 2742] ( Article 2 added by Stats. 1939, Ch. 807. )

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    A nursing-license applicant must pay the fee required by the chapter when filing the application.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 2. Scope of Regulation [2725 - 2742] ( Article 2 added by Stats. 1939, Ch. 807. ) ## 2737. An applicant for a license authorizing him to practice nursing in this State under this chapter, upon the filing of his application shall pay the fee required by this chapter. (Repealed and added by Stats. 1939, Ch. 807.)

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