Business and Professions Code — Part 30 | BPC — United States — California law | Esheria

Business and Professions Code

Part 30 of 52 · provisions 5,801–6,000

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

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

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Provisions of Business and Professions Code

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  1. 3091.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 7. Optometry [3000 - 3167] ( Chapter 7 added by Stats. 1937, Ch. 423. ) ## ARTICLE 5. Revocation and Suspension [3090 - 3112] ( Article 5 added by Stats. 1937, Ch. 423. )

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    The board may deny an optometrist license, may issue a probationary license with conditions, and may later change those conditions if the licensee asks. A licensee must wait one year after the probationary decision before asking for modification or termination.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 7. Optometry [3000 - 3167] ( Chapter 7 added by Stats. 1937, Ch. 423. ) ## ARTICLE 5. Revocation and Suspension [3090 - 3112] ( Article 5 added by Stats. 1937, Ch. 423. ) ## 3091. (a) The board may deny an optometrist license to any applicant guilty of unprofessional conduct or of any cause that would subject a licensee to revocation or suspension of his or her license; or, the board in its sole discretion, may issue a probationary license to an applicant subject to terms and conditions, including, but not limited to, any of the following conditions of probation: (1) Practice limited to a supervised, structured environment in which the licensee’s activities shall be supervised by another optometrist licensed by the board. (2) Total or partial restrictions on drug prescribing privileges for controlled substances. (3) Continuing medical or psychiatric treatment. (4) Ongoing participation in a specified rehabilitation program. (5) Enrollment and successful completion of a clinical training program. (6) Abstention from the use of alcohol or drugs. (7) Restrictions against engaging in certain types of optometry practice. (8) Compliance with all provisions of this chapter. (9) Any other terms and conditions deemed appropriate by the board. (b) The board may modify or terminate the terms and conditions imposed on the probationary license if the licensee petitions for modification or termination of terms and conditions of probation. A licensee shall not petition for modification or termination of terms and conditions until one year has passed from the effective date of the decision granting the probationary license. (Added by Stats. 2005, Ch. 393, Sec. 6. Effective January 1, 2006.)
  2. 3092.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 7. Optometry [3000 - 3167] ( Chapter 7 added by Stats. 1937, Ch. 423. ) ## ARTICLE 5. Revocation and Suspension [3090 - 3112] ( Article 5 added by Stats. 1937, Ch. 423. )

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    Proceedings against covered licensees or licensure applicants must follow the Administrative Procedure Act, except as otherwise provided in this chapter, and must be prosecuted by the Attorney General’s office.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 7. Optometry [3000 - 3167] ( Chapter 7 added by Stats. 1937, Ch. 423. ) ## ARTICLE 5. Revocation and Suspension [3090 - 3112] ( Article 5 added by Stats. 1937, Ch. 423. ) ## 3092. All proceedings against a licensee for any violation of this chapter or any of the regulations adopted by the board, or against an applicant for licensure for unprofessional conduct or cause, shall be conducted in accordance with the Administrative Procedure Act (Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code) except as provided in this chapter, and shall be prosecuted by the Attorney General’s office. (Added by Stats. 2005, Ch. 393, Sec. 7. Effective January 1, 2006.)
  3. 3093.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 7. Optometry [3000 - 3167] ( Chapter 7 added by Stats. 1937, Ch. 423. ) ## ARTICLE 5. Revocation and Suspension [3090 - 3112] ( Article 5 added by Stats. 1937, Ch. 423. )

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    Before the board sets aside an optometrist license revocation or suspension, it may require the applicant to pass the regular examination for optometrist license applicants.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 7. Optometry [3000 - 3167] ( Chapter 7 added by Stats. 1937, Ch. 423. ) ## ARTICLE 5. Revocation and Suspension [3090 - 3112] ( Article 5 added by Stats. 1937, Ch. 423. ) ## 3093. Before setting aside the revocation or suspension of any optometrist license, the board may require the applicant to pass the regular examination given for applicants for an optometrist license. (Amended by Stats. 2013, Ch. 473, Sec. 11. (SB 821) Effective January 1, 2014.)
  4. 3094.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 7. Optometry [3000 - 3167] ( Chapter 7 added by Stats. 1937, Ch. 423. ) ## ARTICLE 5. Revocation and Suspension [3090 - 3112] ( Article 5 added by Stats. 1937, Ch. 423. )

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    A superior court may issue an injunction or other order to stop conduct that is, or is about to be, an offense under this chapter, on application by specified enforcement officials or 10+ licensed persons.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 7. Optometry [3000 - 3167] ( Chapter 7 added by Stats. 1937, Ch. 423. ) ## ARTICLE 5. Revocation and Suspension [3090 - 3112] ( Article 5 added by Stats. 1937, Ch. 423. ) ## 3094. In addition to other proceedings provided for in this chapter, 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 in and for the county wherein the acts or practices take place, or are about to take place, may issue an injunction, or other appropriate order, restraining that conduct on application of the board, the Attorney General, the district attorney of the county, or on application of 10 or more persons holding licenses issued under this chapter. The proceedings under this section shall be governed by Chapter 3 (commencing with Section 525) of Title 7 of Part 2 of the Code of Civil Procedure. (Added by renumbering Section 3131 by Stats. 2005, Ch. 393, Sec. 37. Effective January 1, 2006.)
  5. 3095.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 7. Optometry [3000 - 3167] ( Chapter 7 added by Stats. 1937, Ch. 423. ) ## ARTICLE 5. Revocation and Suspension [3090 - 3112] ( Article 5 added by Stats. 1937, Ch. 423. )

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    The board may set up a system to issue citations and assess administrative fines, subject to Section 125.9.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 7. Optometry [3000 - 3167] ( Chapter 7 added by Stats. 1937, Ch. 423. ) ## ARTICLE 5. Revocation and Suspension [3090 - 3112] ( Article 5 added by Stats. 1937, Ch. 423. ) ## 3095. In accordance with Section 125.9, the board may establish a system for the issuance of citations, and the assessment of administrative fines, as deemed appropriate by the board. (Added by renumbering Section 3135 by Stats. 2005, Ch. 393, Sec. 38. Effective January 1, 2006.)
  6. 3096.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 7. Optometry [3000 - 3167] ( Chapter 7 added by Stats. 1937, Ch. 423. ) ## ARTICLE 5. Revocation and Suspension [3090 - 3112] ( Article 5 added by Stats. 1937, Ch. 423. )

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    The Board of Optometry may order a licensee to take a professional competency examination if, after investigation, there is reasonable cause to believe the licensee cannot practice optometry safely and skillfully.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 7. Optometry [3000 - 3167] ( Chapter 7 added by Stats. 1937, Ch. 423. ) ## ARTICLE 5. Revocation and Suspension [3090 - 3112] ( Article 5 added by Stats. 1937, Ch. 423. ) ## 3096. (a) A licensee may be ordered to undergo a professional competency examination if, after investigation and review by the Board of Optometry, there is reasonable cause to believe that the licensee is unable to practice optometry with reasonable skill and safety to patients. Reasonable cause shall be demonstrated by one or more of the following: (1) A single incident of gross negligence. (2) A pattern of inappropriate prescribing. (3) An act of incompetence or negligence causing death or serious bodily injury. (4) A pattern of substandard care. (b) The results of a competency examination shall be admissible as direct evidence and may be considered relevant in any subsequent disciplinary or interim proceeding against the licensee taking the examination, and, assuming those results are determined to be relevant, shall be considered together with other relevant evidence in making a final determination. (Added by renumbering Section 3090.1 by Stats. 2005, Ch. 393, Sec. 5. Effective January 1, 2006.)
  7. 3097.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 7. Optometry [3000 - 3167] ( Chapter 7 added by Stats. 1937, Ch. 423. ) ## ARTICLE 5. Revocation and Suspension [3090 - 3112] ( Article 5 added by Stats. 1937, Ch. 423. )

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    An optometrist license can be revoked or suspended if the license holder sends or solicits a solicitor from house to house.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 7. Optometry [3000 - 3167] ( Chapter 7 added by Stats. 1937, Ch. 423. ) ## ARTICLE 5. Revocation and Suspension [3090 - 3112] ( Article 5 added by Stats. 1937, Ch. 423. ) ## 3097. The sending of a solicitor from house to house or the soliciting from house to house by the holder of an optometrist license constitutes a cause to revoke or suspend his or her license. (Added by renumbering Section 3096 by Stats. 2005, Ch. 393, Sec. 10. Effective January 1, 2006.)
  8. 3098.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 7. Optometry [3000 - 3167] ( Chapter 7 added by Stats. 1937, Ch. 423. ) ## ARTICLE 5. Revocation and Suspension [3090 - 3112] ( Article 5 added by Stats. 1937, Ch. 423. )

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    Using “Doctor” or “Dr.” before a name can be grounds to revoke or suspend an optometrist license if the person does not also use “optometrist” as a suffix or does not hold an accredited optometry diploma.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 7. Optometry [3000 - 3167] ( Chapter 7 added by Stats. 1937, Ch. 423. ) ## ARTICLE 5. Revocation and Suspension [3090 - 3112] ( Article 5 added by Stats. 1937, Ch. 423. ) ## 3098. When the holder uses the title of “Doctor” or “Dr.” as a prefix to his or her name, without using the word “optometrist” as a suffix to his or her name or in connection with it, or, without holding a diploma from an accredited school of optometry, the letters “Opt. D.” or “O.D.” as a suffix to his or her name, it constitutes a cause to revoke or suspend his or her optometrist license. (Amended by Stats. 2013, Ch. 473, Sec. 12. (SB 821) Effective January 1, 2014.)
  9. 3099.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 7. Optometry [3000 - 3167] ( Chapter 7 added by Stats. 1937, Ch. 423. ) ## ARTICLE 5. Revocation and Suspension [3090 - 3112] ( Article 5 added by Stats. 1937, Ch. 423. )

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    An optometrist must not advertise or hold out as a specialist in eye disease and its treatment.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 7. Optometry [3000 - 3167] ( Chapter 7 added by Stats. 1937, Ch. 423. ) ## ARTICLE 5. Revocation and Suspension [3090 - 3112] ( Article 5 added by Stats. 1937, Ch. 423. ) ## 3099. No optometrist shall advertise or otherwise hold himself or herself out to be a specialist in eye disease and the treatment thereof. (Added by renumbering Section 3096.5 by Stats. 2005, Ch. 393, Sec. 11. Effective January 1, 2006.)
  10. 31.

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

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    This section defines “board” and “tax obligation,” and says certain license applicants or licensees must be subject to additional Family Code or licensing provisions if they are not current on support or appear on the state tax delinquency list.

    ## Business and Professions Code - BPC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1937, Ch. 399. ) ## 31. (a) As used in this section, “board” means any entity listed in Section 101, the entities referred to in Sections 1000 and 3600, the State Bar, the Department of Real Estate, and any other state agency that issues a license, certificate, or registration authorizing a person to engage in a business or profession. (b) Each applicant for the issuance or renewal of a license, certificate, registration, or other means to engage in a business or profession regulated by a board who is not in compliance with a judgment or order for support shall be subject to Section 17520 of the Family Code. (c) “Compliance with a judgment or order for support” has the meaning given in paragraph (4) of subdivision (a) of Section 17520 of the Family Code. (d) Each licensee or applicant whose name appears on a list of the 500 largest tax delinquencies pursuant to Section 7063 or 19195 of the Revenue and Taxation Code shall be subject to Section 494.5. (e) Each application for a new license or renewal of a license shall indicate on the application that the law allows the California Department of Tax and Fee Administration and the Franchise Tax Board to share taxpayer information with a board and requires the licensee to pay the licensee’s state tax obligation and that the licensee’s license may be suspended if the state tax obligation is not paid. (f) For purposes of this section, “tax obligation” means the tax imposed under, or in accordance with, Part 1 (commencing with Section 6001), Part 1.5 (commencing with Section 7200), Part 1.6 (commencing with Section 7251), Part 1.7 (commencing with Section 7280), Part 10 (commencing with Section 17001), or Part 11 (commencing with Section 23001) of Division 2 of the Revenue and Taxation Code. (Amended by Stats. 2019, Ch. 351, Sec. 7. (AB 496) Effective January 1, 2020.)
  11. 310.

    ## Business and Professions Code - BPC ## DIVISION 1. DEPARTMENT OF CONSUMER AFFAIRS [100 - 472.5] ( Heading of Division 1 amended by Stats. 1973, Ch. 77. ) ## CHAPTER 4. Consumer Affairs [300 - 337] ( Chapter 4 added by Stats. 1970, Ch. 1394. ) ## ARTICLE 3. Powers and Duties [310 - 314] ( Article 3 added by Stats. 1970, Ch. 1394. )

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    The director has authority and a duty to take consumer-protection actions, including research, hearings, subpoenas, advice, and consumer education work.

    ## Business and Professions Code - BPC ## DIVISION 1. DEPARTMENT OF CONSUMER AFFAIRS [100 - 472.5] ( Heading of Division 1 amended by Stats. 1973, Ch. 77. ) ## CHAPTER 4. Consumer Affairs [300 - 337] ( Chapter 4 added by Stats. 1970, Ch. 1394. ) ## ARTICLE 3. Powers and Duties [310 - 314] ( Article 3 added by Stats. 1970, Ch. 1394. ) ## 310. The director shall have the following powers and it shall be his duty to: (a) Recommend and propose the enactment of such legislation as necessary to protect and promote the interests of consumers. (b) Represent the consumer’s interests before federal and state legislative hearings and executive commissions. (c) Assist, advise, and cooperate with federal, state, and local agencies and officials to protect and promote the interests of consumers. (d) Study, investigate, research, and analyze matters affecting the interests of consumers. (e) Hold public hearings, subpoena witnesses, take testimony, compel the production of books, papers, documents, and other evidence, and call upon other state agencies for information. (f) Propose and assist in the creation and development of consumer education programs. (g) Promote ethical standards of conduct for business and consumers and undertake activities to encourage public responsibility in the production, promotion, sale and lease of consumer goods and services. (h) Advise the Governor and Legislature on all matters affecting the interests of consumers. (i) Exercise and perform such other functions, powers and duties as may be deemed appropriate to protect and promote the interests of consumers as directed by the Governor or the Legislature. (j) Maintain contact and liaison with consumer groups in California and nationally. (Amended by Stats. 1975, Ch. 1262.)
  12. 3100.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 7. Optometry [3000 - 3167] ( Chapter 7 added by Stats. 1937, Ch. 423. ) ## ARTICLE 5. Revocation and Suspension [3090 - 3112] ( Article 5 added by Stats. 1937, Ch. 423. )

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    A licensee’s false or unsupported holding out as having special knowledge of optometry can be grounds to revoke or suspend the license.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 7. Optometry [3000 - 3167] ( Chapter 7 added by Stats. 1937, Ch. 423. ) ## ARTICLE 5. Revocation and Suspension [3090 - 3112] ( Article 5 added by Stats. 1937, Ch. 423. ) ## 3100. The holding out as having a special knowledge of optometry, as defined in this chapter, by the holder of a license, constitutes a cause to revoke or suspend his or her license. (Added by renumbering Section 3099 by Stats. 2005, Ch. 393, Sec. 15. Effective January 1, 2006.)
  13. 3101.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 7. Optometry [3000 - 3167] ( Chapter 7 added by Stats. 1937, Ch. 423. ) ## ARTICLE 5. Revocation and Suspension [3090 - 3112] ( Article 5 added by Stats. 1937, Ch. 423. )

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    It is unlawful to advertise or hold oneself out as an optometrist without a valid, unrevoked board license.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 7. Optometry [3000 - 3167] ( Chapter 7 added by Stats. 1937, Ch. 423. ) ## ARTICLE 5. Revocation and Suspension [3090 - 3112] ( Article 5 added by Stats. 1937, Ch. 423. ) ## 3101. It is unlawful to advertise by displaying a sign or otherwise or hold himself or herself out to be an optometrist without having at the time of so doing a valid unrevoked license from the board. (Added by renumbering Section 3128 by Stats. 2005, Ch. 393, Sec. 34. Effective January 1, 2006.)
  14. 3102.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 7. Optometry [3000 - 3167] ( Chapter 7 added by Stats. 1937, Ch. 423. ) ## ARTICLE 5. Revocation and Suspension [3090 - 3112] ( Article 5 added by Stats. 1937, Ch. 423. )

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    It is unlawful to advertise optometric services as free or without cost when those services depend on payment or other consideration, unless that condition is disclosed in the same advertisement.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 7. Optometry [3000 - 3167] ( Chapter 7 added by Stats. 1937, Ch. 423. ) ## ARTICLE 5. Revocation and Suspension [3090 - 3112] ( Article 5 added by Stats. 1937, Ch. 423. ) ## 3102. It is unlawful to advertise as being free or without cost the furnishing of optometric services where these services are contingent upon payment or other exchange of consideration for goods or other services offered by the provider, unless that contingency is fully disclosed in the same advertisement. (Amended by Stats. 2006, Ch. 302, Sec. 4. Effective January 1, 2007.)
  15. 3103.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 7. Optometry [3000 - 3167] ( Chapter 7 added by Stats. 1937, Ch. 423. ) ## ARTICLE 5. Revocation and Suspension [3090 - 3112] ( Article 5 added by Stats. 1937, Ch. 423. )

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    Advertisements for goggles, sunglasses, colored glasses, or occupational eye-protective devices may not use words or figures that advertise or tend to advertise the practice of optometry.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 7. Optometry [3000 - 3167] ( Chapter 7 added by Stats. 1937, Ch. 423. ) ## ARTICLE 5. Revocation and Suspension [3090 - 3112] ( Article 5 added by Stats. 1937, Ch. 423. ) ## 3103. It is unlawful to include in any advertisement relating to the sale or disposition of goggles, sunglasses, colored glasses, or occupational eye-protective devices, any words or figures that advertise or have a tendency to advertise the practice of optometry. This section does not prohibit the advertising of the practice of optometry by a licensed optometrist in the manner permitted by law. (Amended by Stats. 2013, Ch. 473, Sec. 13. (SB 821) Effective January 1, 2014.)
  16. 3104.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 7. Optometry [3000 - 3167] ( Chapter 7 added by Stats. 1937, Ch. 423. ) ## ARTICLE 5. Revocation and Suspension [3090 - 3112] ( Article 5 added by Stats. 1937, Ch. 423. )

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    Using cappers or steerers to get business is unprofessional conduct.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 7. Optometry [3000 - 3167] ( Chapter 7 added by Stats. 1937, Ch. 423. ) ## ARTICLE 5. Revocation and Suspension [3090 - 3112] ( Article 5 added by Stats. 1937, Ch. 423. ) ## 3104. The employing of what are known as “cappers” or “steerers” to obtain business constitutes unprofessional conduct. (Added by renumbering Section 3100 by Stats. 2005, Ch. 393, Sec. 16. Effective January 1, 2006.)
  17. 3105.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 7. Optometry [3000 - 3167] ( Chapter 7 added by Stats. 1937, Ch. 423. ) ## ARTICLE 5. Revocation and Suspension [3090 - 3112] ( Article 5 added by Stats. 1937, Ch. 423. )

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    Altering or modifying a person’s medical record, or creating a false medical record, with fraudulent intent is unprofessional conduct. The California State Board of Optometry may also impose a $500 civil penalty for a violation.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 7. Optometry [3000 - 3167] ( Chapter 7 added by Stats. 1937, Ch. 423. ) ## ARTICLE 5. Revocation and Suspension [3090 - 3112] ( Article 5 added by Stats. 1937, Ch. 423. ) ## 3105. Altering or modifying the medical record of any person, with fraudulent intent, or creating any false medical record, with fraudulent intent, constitutes unprofessional conduct. In addition to any other disciplinary action, the California State Board of Optometry may impose a civil penalty of five hundred dollars ($500) for a violation of this section. (Amended by Stats. 2021, Ch. 630, Sec. 86. (AB 1534) Effective January 1, 2022.)
  18. 3106.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 7. Optometry [3000 - 3167] ( Chapter 7 added by Stats. 1937, Ch. 423. ) ## ARTICLE 5. Revocation and Suspension [3090 - 3112] ( Article 5 added by Stats. 1937, Ch. 423. )

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    Knowingly making or signing a license, certificate, or related document that falsely states a fact is unprofessional conduct.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 7. Optometry [3000 - 3167] ( Chapter 7 added by Stats. 1937, Ch. 423. ) ## ARTICLE 5. Revocation and Suspension [3090 - 3112] ( Article 5 added by Stats. 1937, Ch. 423. ) ## 3106. Knowingly making or signing any license, certificate, or other document directly or indirectly related to the practice of optometry that falsely represents the existence or nonexistence of a state of facts constitutes unprofessional conduct. (Amended by Stats. 2013, Ch. 473, Sec. 14. (SB 821) Effective January 1, 2014.)
  19. 3107.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 7. Optometry [3000 - 3167] ( Chapter 7 added by Stats. 1937, Ch. 423. ) ## ARTICLE 5. Revocation and Suspension [3090 - 3112] ( Article 5 added by Stats. 1937, Ch. 423. )

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    A person must not use or try to use a board-issued license or certificate as valid if it was purchased, fraudulently issued, counterfeited, or issued by mistake.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 7. Optometry [3000 - 3167] ( Chapter 7 added by Stats. 1937, Ch. 423. ) ## ARTICLE 5. Revocation and Suspension [3090 - 3112] ( Article 5 added by Stats. 1937, Ch. 423. ) ## 3107. It is unlawful to use or attempt to use any license or certificate issued by the board that has been purchased, fraudulently issued, counterfeited, or issued by mistake, as a valid license or certificate. (Amended by Stats. 2013, Ch. 473, Sec. 15. (SB 821) Effective January 1, 2014.)
  20. 3108.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 7. Optometry [3000 - 3167] ( Chapter 7 added by Stats. 1937, Ch. 423. ) ## ARTICLE 5. Revocation and Suspension [3090 - 3112] ( Article 5 added by Stats. 1937, Ch. 423. )

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    A license may be suspended if the holder has a contagious or infectious disease, for as long as the disease continues.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 7. Optometry [3000 - 3167] ( Chapter 7 added by Stats. 1937, Ch. 423. ) ## ARTICLE 5. Revocation and Suspension [3090 - 3112] ( Article 5 added by Stats. 1937, Ch. 423. ) ## 3108. When the holder is suffering from a contagious or infectious disease, it constitutes a cause to suspend his or her license during the period of continuance of that disease. (Added by renumbering Section 3097 by Stats. 2005, Ch. 393, Sec. 14. Effective January 1, 2006.)
  21. 3109.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 7. Optometry [3000 - 3167] ( Chapter 7 added by Stats. 1937, Ch. 423. ) ## ARTICLE 5. Revocation and Suspension [3090 - 3112] ( Article 5 added by Stats. 1937, Ch. 423. )

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    Optometrists generally may not accept employment to practice optometry from an unlicensed person or a company/corporation, and they may not be incorporated to practice optometry, subject to stated exceptions.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 7. Optometry [3000 - 3167] ( Chapter 7 added by Stats. 1937, Ch. 423. ) ## ARTICLE 5. Revocation and Suspension [3090 - 3112] ( Article 5 added by Stats. 1937, Ch. 423. ) ## 3109. Directly or indirectly accepting employment to practice optometry from any person not having a valid, unrevoked license as an optometrist or from any company or corporation constitutes unprofessional conduct. Except as provided in this chapter, no optometrist may, singly or jointly with others, be incorporated or become incorporated when the purpose or a purpose of the corporation is to practice optometry or to conduct the practice of optometry. The terms “accepting employment to practice optometry” as used in this section shall not be construed so as to prevent a licensed optometrist from practicing optometry upon an individual patient. Notwithstanding the provisions of this section or the provisions of any other law, a licensed optometrist may be employed to practice optometry by a physician and surgeon who holds a license under this division or by a health care service plan pursuant to the provisions of Chapter 2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code. (Amended by Stats. 2021, Ch. 630, Sec. 87. (AB 1534) Effective January 1, 2022.)
  22. 311.

    ## Business and Professions Code - BPC ## DIVISION 1. DEPARTMENT OF CONSUMER AFFAIRS [100 - 472.5] ( Heading of Division 1 amended by Stats. 1973, Ch. 77. ) ## CHAPTER 4. Consumer Affairs [300 - 337] ( Chapter 4 added by Stats. 1970, Ch. 1394. ) ## ARTICLE 3. Powers and Duties [310 - 314] ( Article 3 added by Stats. 1970, Ch. 1394. )

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    The director may create an interdepartmental committee, and committee members serve without pay but can be reimbursed for necessary expenses.

    ## Business and Professions Code - BPC ## DIVISION 1. DEPARTMENT OF CONSUMER AFFAIRS [100 - 472.5] ( Heading of Division 1 amended by Stats. 1973, Ch. 77. ) ## CHAPTER 4. Consumer Affairs [300 - 337] ( Chapter 4 added by Stats. 1970, Ch. 1394. ) ## ARTICLE 3. Powers and Duties [310 - 314] ( Article 3 added by Stats. 1970, Ch. 1394. ) ## 311. The director may create an interdepartmental committee to assist and advise him in the implementation of his duties. The members of such committee shall consist of the heads of state departments, or their designees. Members of such committee shall serve without compensation but shall be reimbursed for the expenses actually and necessarily incurred by them in the performance of their duties. (Added by Stats. 1970, Ch. 1394.)
  23. 3110.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 7. Optometry [3000 - 3167] ( Chapter 7 added by Stats. 1937, Ch. 423. ) ## ARTICLE 5. Revocation and Suspension [3090 - 3112] ( Article 5 added by Stats. 1937, Ch. 423. )

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    The board may discipline a licensee charged with unprofessional conduct and may deny a license application if the applicant has committed unprofessional conduct.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 7. Optometry [3000 - 3167] ( Chapter 7 added by Stats. 1937, Ch. 423. ) ## ARTICLE 5. Revocation and Suspension [3090 - 3112] ( Article 5 added by Stats. 1937, Ch. 423. ) ## 3110. The board may take action against any licensee who is charged with unprofessional conduct, and may deny an application for a license if the applicant has committed unprofessional conduct. In addition to other provisions of this article, unprofessional conduct includes, but is not limited to, the following: (a) Violating or attempting to violate, directly or indirectly assisting in or abetting the violation of, or conspiring to violate any provision of this chapter or any of the rules and regulations adopted by the board pursuant to this chapter. (b) Gross negligence. (c) Repeated negligent acts. To be repeated, there must be two or more negligent acts or omissions. (d) Incompetence. (e) The commission of fraud, misrepresentation, or any act involving dishonesty or corruption, that is substantially related to the qualifications, functions, or duties of an optometrist. (f) Any action or conduct that would have warranted the denial of a license. (g) The use of advertising relating to optometry that violates Section 651 or 17500. (h) Denial of licensure, revocation, suspension, restriction, or any other disciplinary action against a health care professional license by another state or territory of the United States, by any other governmental agency, or by another California health care professional licensing board. A certified copy of the decision or judgment shall be conclusive evidence of that action. (i) Procuring his or her license by fraud, misrepresentation, or mistake. (j) Making or giving any false statement or information in connection with the application for issuance of a license. (k) Conviction of a felony or of any offense substantially related to the qualifications, functions, and duties of an optometrist, in which event the record of the conviction shall be conclusive evidence thereof. (l) Administering to himself or herself any controlled substance or using any of the dangerous drugs specified in Section 4022, or using alcoholic beverages to the extent, or in a manner, as to be dangerous or injurious to the person applying for a license or holding a license under this chapter, or to any other person, or to the public, or, to the extent that the use impairs the ability of the person applying for or holding a license to conduct with safety to the public the practice authorized by the license, or the conviction of a misdemeanor or felony involving the use, consumption, or self-administration of any of the substances referred to in this subdivision, or any combination thereof. (m) (1) Committing or soliciting an act punishable as a sexually related crime, if that act or solicitation is substantially related to the qualifications, functions, or duties of an optometrist. (2) Committing any act of sexual abuse, misconduct, or relations with a patient. The commission of and conviction for any act of sexual abuse, sexual misconduct, or attempted sexual misconduct, whether or not with a patient, shall be considered a crime substantially related to the qualifications, functions, or duties of a licensee. This paragraph shall not apply to sexual contact between any person licensed under this chapter and his or her spouse or person in an equivalent domestic relationship when that licensee provides optometry treatment to his or her spouse or person in an equivalent domestic relationship. (3) Conviction of a crime that requires the person to register as a sex offender pursuant to Chapter 5.5 (commencing with Section 290) of Title 9 of Part 1 of the Penal Code. A conviction within the meaning of this paragraph means a plea or verdict of guilty or a conviction following a plea of nolo contendere. A conviction described in this paragraph shall be considered a crime substantially related to the qualifications, functions, or duties of a licensee. (n) Repeated acts of excessive prescribing, furnishing, or administering of controlled substances or dangerous drugs specified in Section 4022, or repeated acts of excessive treatment. (o) Repeated acts of excessive use of diagnostic or therapeutic procedures, or repeated acts of excessive use of diagnostic or treatment facilities. (p) The prescribing, furnishing, or administering of controlled substances or drugs specified in Section 4022, or treatment without a good faith prior examination of the patient and optometric reason. (q) The failure to maintain adequate and accurate records relating to the provision of services to his or her patients. (r) Performing, or holding oneself out as being able to perform, or offering to perform, any professional services beyond the scope of the license authorized by this chapter. (s) The practice of optometry without a valid, unrevoked, unexpired license. (t) The employing, directly or indirectly, of any suspended or unlicensed optometrist to perform any work for which an optometry license is required. (u) Permitting another person to use the licensee’s optometry license for any purpose. (v) Altering with fraudulent intent a license issued by the board, or using a fraudulently altered license, permit certification or any registration issued by the board. (w) 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 optometrist to patient, from patient to patient, or from patient to optometrist. In administering this subdivision, the board shall consider the standards, regulations, and guidelines of the State Department of Public Health developed pursuant to Section 1250.11 of the Health and Safety Code and the standards, guidelines, and regulations pursuant to the California Occupational Safety and Health Act of 1973 (Part 1 (commencing with Section 6300) of Division 5 of the Labor Code) for preventing the transmission of HIV, hepatitis B, and other bloodborne pathogens in health care settings. As necessary, the board may consult with the Medical Board of California, the California Board of Podiatric Medicine, 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. (x) Failure or refusal to comply with a request for the clinical 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, unless the licensee is unable to provide the documents within this time period for good cause. (y) Failure to refer a patient to an appropriate physician and surgeon if an examination of the eyes indicates a substantial likelihood of any pathology that requires the attention of that physician and surgeon. (Amended by Stats. 2017, Ch. 549, Sec. 8. (AB 443) Effective January 1, 2018.)
  24. 3111.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 7. Optometry [3000 - 3167] ( Chapter 7 added by Stats. 1937, Ch. 423. ) ## ARTICLE 5. Revocation and Suspension [3090 - 3112] ( Article 5 added by Stats. 1937, Ch. 423. )

    Verify source ↗

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

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 7. Optometry [3000 - 3167] ( Chapter 7 added by Stats. 1937, Ch. 423. ) ## ARTICLE 5. Revocation and Suspension [3090 - 3112] ( Article 5 added by Stats. 1937, Ch. 423. ) ## 3111. It is unprofessional conduct and a violation of this chapter for a person licensed under this chapter to violate, attempt to violate, assist in the violation of, or conspire to violate the Moscone-Knox Professional Corporation Act (Part 4 (commencing with Section 13400) of Division 3 of Title 1 of the Corporations Code), this article, or any regulation adopted pursuant to those provisions. (Added by Stats. 2006, Ch. 564, Sec. 2. Effective January 1, 2007.)
  25. 3112.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 7. Optometry [3000 - 3167] ( Chapter 7 added by Stats. 1937, Ch. 423. ) ## ARTICLE 5. Revocation and Suspension [3090 - 3112] ( Article 5 added by Stats. 1937, Ch. 423. )

    Verify source ↗

    An optometrist may not knowingly provide services to, or enter certain leases with, patients or business partners tied to prescription-filling businesses that are not properly registered with the California State Board of Optometry.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 7. Optometry [3000 - 3167] ( Chapter 7 added by Stats. 1937, Ch. 423. ) ## ARTICLE 5. Revocation and Suspension [3090 - 3112] ( Article 5 added by Stats. 1937, Ch. 423. ) ## 3112. (a) An optometrist shall not knowingly provide optometric services to any patient who scheduled their appointment for optometry services through any individual, corporation, or firm engaged in the business of filling prescriptions that is not properly registered with the California State Board of Optometry as required by Section 2564.90. (b) An optometrist shall not knowingly enter into a lease or other written agreement giving rise to a direct or indirect landlord-tenant relationship with any individual, corporation, or firm engaged in the business of filling prescriptions that is not properly registered with the California State Board of Optometry as required by Section 2564.90. (Added by Stats. 2021, Ch. 630, Sec. 88. (AB 1534) Effective January 1, 2022.)
  26. 312.

    ## Business and Professions Code - BPC ## DIVISION 1. DEPARTMENT OF CONSUMER AFFAIRS [100 - 472.5] ( Heading of Division 1 amended by Stats. 1973, Ch. 77. ) ## CHAPTER 4. Consumer Affairs [300 - 337] ( Chapter 4 added by Stats. 1970, Ch. 1394. ) ## ARTICLE 3. Powers and Duties [310 - 314] ( Article 3 added by Stats. 1970, Ch. 1394. )

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    The director must submit an annual report to the Governor and the Legislature about the department’s and its constituent entities’ activities, including complaint and enforcement performance information.

    ## Business and Professions Code - BPC ## DIVISION 1. DEPARTMENT OF CONSUMER AFFAIRS [100 - 472.5] ( Heading of Division 1 amended by Stats. 1973, Ch. 77. ) ## CHAPTER 4. Consumer Affairs [300 - 337] ( Chapter 4 added by Stats. 1970, Ch. 1394. ) ## ARTICLE 3. Powers and Duties [310 - 314] ( Article 3 added by Stats. 1970, Ch. 1394. ) ## 312. (a) The director shall submit to the Governor and the Legislature on or before January 1, 2003, and annually thereafter, a report of programmatic and statistical information regarding the activities of the department and its constituent entities for the previous fiscal year. The report shall include information concerning the director’s activities pursuant to Section 326, including the number and general patterns of consumer complaints and the action taken on those complaints. (b) The report shall include information relative to the performance of each constituent entity, including, but not limited to, length of time for a constituent entity to reach each of the following milestones in the enforcement process: (1) Average number of days from when a constituent entity receives a complaint until the constituent entity assigns an investigator to the complaint. (2) Average number of days from a constituent entity opening an investigation conducted by the constituent entity staff or the Division of Investigation to closing the investigation regardless of outcome. (3) Average number of days from a constituent entity closing an investigation to imposing formal discipline. (c) A report submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code. (Amended by Stats. 2014, Ch. 395, Sec. 6. (SB 1243) Effective January 1, 2015.)
  27. 312.1.

    ## Business and Professions Code - BPC ## DIVISION 1. DEPARTMENT OF CONSUMER AFFAIRS [100 - 472.5] ( Heading of Division 1 amended by Stats. 1973, Ch. 77. ) ## CHAPTER 4. Consumer Affairs [300 - 337] ( Chapter 4 added by Stats. 1970, Ch. 1394. ) ## ARTICLE 3. Powers and Duties [310 - 314] ( Article 3 added by Stats. 1970, Ch. 1394. )

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    The Office of Administrative Hearings must submit an annual report to the department, the Governor, and the Legislature.

    ## Business and Professions Code - BPC ## DIVISION 1. DEPARTMENT OF CONSUMER AFFAIRS [100 - 472.5] ( Heading of Division 1 amended by Stats. 1973, Ch. 77. ) ## CHAPTER 4. Consumer Affairs [300 - 337] ( Chapter 4 added by Stats. 1970, Ch. 1394. ) ## ARTICLE 3. Powers and Duties [310 - 314] ( Article 3 added by Stats. 1970, Ch. 1394. ) ## 312.1. The Office of Administrative Hearings shall submit a report to the department, the Governor, and the Legislature on or before January 1, 2016, and on or before January 1 of each subsequent year that includes, at a minimum, all of the following for the previous fiscal year: (a) Number of cases referred by each constituent entity to each office of the Office of Administrative Hearings for a hearing. (b) Average number of days from receiving a request to setting a hearing date at each office of the Office of Administrative Hearings. (c) Average number of days from setting a hearing to conducting the hearing. (d) Average number of days after conducting a hearing to transmitting the proposed decision by each office of the Office of Administrative Hearings. (Added by Stats. 2014, Ch. 395, Sec. 7. (SB 1243) Effective January 1, 2015.)
  28. 312.2.

    ## Business and Professions Code - BPC ## DIVISION 1. DEPARTMENT OF CONSUMER AFFAIRS [100 - 472.5] ( Heading of Division 1 amended by Stats. 1973, Ch. 77. ) ## CHAPTER 4. Consumer Affairs [300 - 337] ( Chapter 4 added by Stats. 1970, Ch. 1394. ) ## ARTICLE 3. Powers and Duties [310 - 314] ( Article 3 added by Stats. 1970, Ch. 1394. )

    Verify source ↗

    The Attorney General must file an annual report with the department, the Governor, and legislative policy committees, and include specified reporting metrics.

    ## Business and Professions Code - BPC ## DIVISION 1. DEPARTMENT OF CONSUMER AFFAIRS [100 - 472.5] ( Heading of Division 1 amended by Stats. 1973, Ch. 77. ) ## CHAPTER 4. Consumer Affairs [300 - 337] ( Chapter 4 added by Stats. 1970, Ch. 1394. ) ## ARTICLE 3. Powers and Duties [310 - 314] ( Article 3 added by Stats. 1970, Ch. 1394. ) ## 312.2. (a) The Attorney General shall submit a report to the department, the Governor, and the appropriate policy committees of the Legislature on or before January 1, 2018, and on or before January 1 of each subsequent year that includes, at a minimum, all of the following for the previous fiscal year for each constituent entity within the department represented by the Licensing Section and Health Quality Enforcement Section of the Office of the Attorney General: (1) The number of accusation matters referred to the Attorney General. (2) The number of accusation matters rejected for filing by the Attorney General. (3) The number of accusation matters for which further investigation was requested by the Attorney General. (4) The number of accusation matters for which further investigation was received by the Attorney General. (5) The number of accusations filed by each constituent entity. (6) The number of accusations a constituent entity withdraws. (7) The number of accusation matters adjudicated by the Attorney General. (b) The Attorney General shall also report all of the following for accusation matters adjudicated within the previous fiscal year for each constituent entity of the department represented by the Licensing Section and Health Quality Enforcement Section: (1) The average number of days from the Attorney General receiving an accusation referral to when an accusation is filed by the constituent entity. (2) The average number of days to prepare an accusation for a case that is rereferred to the Attorney General after further investigation is received by the Attorney General from a constituent entity or the Division of Investigation. (3) The average number of days from an agency filing an accusation to the Attorney General transmitting a stipulated settlement to the constituent entity. (4) The average number of days from an agency filing an accusation to the Attorney General transmitting a default decision to the constituent entity. (5) The average number of days from an agency filing an accusation to the Attorney General requesting a hearing date from the Office of Administrative Hearings. (6) The average number of days from the Attorney General’s receipt of a hearing date from the Office of Administrative Hearings to the commencement of a hearing. (c) A report to be submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code. (Added by Stats. 2015, Ch. 656, Sec. 1. (SB 467) Effective January 1, 2016.)
  29. 3120.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 7. Optometry [3000 - 3167] ( Chapter 7 added by Stats. 1937, Ch. 423. ) ## ARTICLE 6. Offenses Against the Chapter [3120 - 3137] ( Article 6 added by Stats. 1937, Ch. 423. )

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

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 7. Optometry [3000 - 3167] ( Chapter 7 added by Stats. 1937, Ch. 423. ) ## ARTICLE 6. Offenses Against the Chapter [3120 - 3137] ( Article 6 added by Stats. 1937, Ch. 423. ) ## 3120. Any person who violates any of the provisions of this chapter is guilty of a misdemeanor and, upon conviction thereof, shall be punished by imprisonment in the county jail not less than ten days nor more than one year, or by a fine of not less than one hundred dollars nor more than one thousand five hundred dollars, or by both such fine and imprisonment. (Added by Stats. 1937, Ch. 423.)
  30. 313.

    ## Business and Professions Code - BPC ## DIVISION 1. DEPARTMENT OF CONSUMER AFFAIRS [100 - 472.5] ( Heading of Division 1 amended by Stats. 1973, Ch. 77. ) ## CHAPTER 4. Consumer Affairs [300 - 337] ( Chapter 4 added by Stats. 1970, Ch. 1394. ) ## ARTICLE 3. Powers and Duties [310 - 314] ( Article 3 added by Stats. 1970, Ch. 1394. )

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    The director must arrange for a comprehensive library on consumers and consumer problems.

    ## Business and Professions Code - BPC ## DIVISION 1. DEPARTMENT OF CONSUMER AFFAIRS [100 - 472.5] ( Heading of Division 1 amended by Stats. 1973, Ch. 77. ) ## CHAPTER 4. Consumer Affairs [300 - 337] ( Chapter 4 added by Stats. 1970, Ch. 1394. ) ## ARTICLE 3. Powers and Duties [310 - 314] ( Article 3 added by Stats. 1970, Ch. 1394. ) ## 313. The director shall provide for the establishment of a comprehensive library of books, documents, studies, and other materials relating to consumers and consumer problems. (Amended by Stats. 1975, Ch. 1262.)
  31. 313.1.

    ## Business and Professions Code - BPC ## DIVISION 1. DEPARTMENT OF CONSUMER AFFAIRS [100 - 472.5] ( Heading of Division 1 amended by Stats. 1973, Ch. 77. ) ## CHAPTER 4. Consumer Affairs [300 - 337] ( Chapter 4 added by Stats. 1970, Ch. 1394. ) ## ARTICLE 3. Powers and Duties [310 - 314] ( Article 3 added by Stats. 1970, Ch. 1394. )

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    Certain department boards, commissions, and committees must submit rulemaking materials to the director and wait for the director’s review before filing with the Office of Administrative Law.

    ## Business and Professions Code - BPC ## DIVISION 1. DEPARTMENT OF CONSUMER AFFAIRS [100 - 472.5] ( Heading of Division 1 amended by Stats. 1973, Ch. 77. ) ## CHAPTER 4. Consumer Affairs [300 - 337] ( Chapter 4 added by Stats. 1970, Ch. 1394. ) ## ARTICLE 3. Powers and Duties [310 - 314] ( Article 3 added by Stats. 1970, Ch. 1394. ) ## 313.1. (a) Notwithstanding any other provision of law to the contrary, no rule or regulation, except those relating to examinations and qualifications for licensure, and no fee change proposed or promulgated by any of the boards, commissions, or committees within the department, shall take effect pending compliance with this section. (b) The director shall be formally notified of and shall be provided a full opportunity to review, in accordance with the requirements of Article 5 (commencing with Section 11346) of Chapter 3.5 of Part 1 of Division 3 of Title 2 of the Government Code, and this section, all of the following: (1) All notices of proposed action, any modifications and supplements thereto, and the text of proposed regulations. (2) Any notices of sufficiently related changes to regulations previously noticed to the public, and the text of proposed regulations showing modifications to the text. (3) Final rulemaking records. (c) The submission of all notices and final rulemaking records to the director and the completion of the director’s review, as authorized by this section, shall be a precondition to the filing of any rule or regulation with the Office of Administrative Law. The Office of Administrative Law shall have no jurisdiction to review a rule or regulation subject to this section until after the completion of the director’s review and only then if the director has not disapproved it. The filing of any document with the Office of Administrative Law shall be accompanied by a certification that the board, commission, or committee has complied with the requirements of this section. (d) Following the receipt of any final rulemaking record subject to subdivision (a), the director shall have the authority for a period of 30 days to disapprove a proposed rule or regulation on the ground that it is injurious to the public health, safety, or welfare. (e) Final rulemaking records shall be filed with the director within the one-year notice period specified in Section 11346.4 of the Government Code. If necessary for compliance with this section, the one-year notice period may be extended, as specified by this subdivision. (1) In the event that the one-year notice period lapses during the director’s 30-day review period, or within 60 days following the notice of the director’s disapproval, it may be extended for a maximum of 90 days. (2) If the director approves the final rulemaking record or declines to take action on it within 30 days, the board, commission, or committee shall have five days from the receipt of the record from the director within which to file it with the Office of Administrative Law. (3) If the director disapproves a rule or regulation, it shall have no force or effect unless, within 60 days of the notice of disapproval, (A) the disapproval is overridden by a unanimous vote of the members of the board, commission, or committee, and (B) the board, commission, or committee files the final rulemaking record with the Office of Administrative Law in compliance with this section and the procedures required by Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. (f) Nothing in this section shall be construed to prohibit the director from affirmatively approving a proposed rule, regulation, or fee change at any time within the 30-day period after it has been submitted to him or her, in which event it shall become effective upon compliance with this section and the procedures required by Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. (Amended by Stats. 1994, Ch. 26, Sec. 13. Effective March 30, 1994.)
  32. 313.2.

    ## Business and Professions Code - BPC ## DIVISION 1. DEPARTMENT OF CONSUMER AFFAIRS [100 - 472.5] ( Heading of Division 1 amended by Stats. 1973, Ch. 77. ) ## CHAPTER 4. Consumer Affairs [300 - 337] ( Chapter 4 added by Stats. 1970, Ch. 1394. ) ## ARTICLE 3. Powers and Duties [310 - 314] ( Article 3 added by Stats. 1970, Ch. 1394. )

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    The director must adopt regulations to carry out the ADA for the department’s professional licensing and certification examination process.

    ## Business and Professions Code - BPC ## DIVISION 1. DEPARTMENT OF CONSUMER AFFAIRS [100 - 472.5] ( Heading of Division 1 amended by Stats. 1973, Ch. 77. ) ## CHAPTER 4. Consumer Affairs [300 - 337] ( Chapter 4 added by Stats. 1970, Ch. 1394. ) ## ARTICLE 3. Powers and Duties [310 - 314] ( Article 3 added by Stats. 1970, Ch. 1394. ) ## 313.2. The director shall adopt regulations to implement, interpret, and make specific the provisions of the Americans with Disabilities Act (P.L. 101-336), as they relate to the examination process for professional licensing and certification programs under the purview of the department. (Added by Stats. 1992, Ch. 1289, Sec. 3. Effective January 1, 1993.)
  33. 313.5.

    ## Business and Professions Code - BPC ## DIVISION 1. DEPARTMENT OF CONSUMER AFFAIRS [100 - 472.5] ( Heading of Division 1 amended by Stats. 1973, Ch. 77. ) ## CHAPTER 4. Consumer Affairs [300 - 337] ( Chapter 4 added by Stats. 1970, Ch. 1394. ) ## ARTICLE 3. Powers and Duties [310 - 314] ( Article 3 added by Stats. 1970, Ch. 1394. )

    Verify source ↗

    The director must periodically publish a bibliography of consumer information.

    ## Business and Professions Code - BPC ## DIVISION 1. DEPARTMENT OF CONSUMER AFFAIRS [100 - 472.5] ( Heading of Division 1 amended by Stats. 1973, Ch. 77. ) ## CHAPTER 4. Consumer Affairs [300 - 337] ( Chapter 4 added by Stats. 1970, Ch. 1394. ) ## ARTICLE 3. Powers and Duties [310 - 314] ( Article 3 added by Stats. 1970, Ch. 1394. ) ## 313.5. The director shall periodically publish a bibliography of consumer information available in the department library and elsewhere. Such bibliography shall be sent to subscribers upon payment of a reasonable fee therefor. (Amended by Stats. 1975, Ch. 1262.)
  34. 3137.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 7. Optometry [3000 - 3167] ( Chapter 7 added by Stats. 1937, Ch. 423. ) ## ARTICLE 6. Offenses Against the Chapter [3120 - 3137] ( Article 6 added by Stats. 1937, Ch. 423. )

    Verify source ↗

    This section sets filing deadlines for disciplinary accusations against a licensee and creates exceptions and tolling rules for certain kinds of allegations.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 7. Optometry [3000 - 3167] ( Chapter 7 added by Stats. 1937, Ch. 423. ) ## ARTICLE 6. Offenses Against the Chapter [3120 - 3137] ( Article 6 added by Stats. 1937, Ch. 423. ) ## 3137. (a) Except as otherwise provided in this section, any accusation filed against a licensee pursuant to Section 11503 of the Government Code for the violation of any provision of this chapter shall be filed within three years after the board discovers the act or omission alleged as the ground for disciplinary action, or within seven years after the act or omission alleged as the ground for disciplinary action occurs, whichever occurs first. (b) An accusation filed against a licensee pursuant to Section 11503 of the Government Code alleging fraud or willful misrepresentation is not subject to the limitation in subdivision (a). (c) An accusation filed against a licensee pursuant to Section 11503 of the Government Code alleging unprofessional conduct based on incompetence, gross negligence, or repeated negligent acts of the licensee is not subject to the limitation in subdivision (a) upon proof that the licensee intentionally concealed from discovery his or her incompetence, gross negligence, or repeated negligent acts. (d) If an alleged act or omission involves any conduct described in Section 726 committed on a minor, the 10-year limitations period in subdivision (e) shall be tolled until the minor reaches the age of majority. (e) An accusation filed against a licensee pursuant to Section 11503 of the Government Code alleging conduct described in Section 726 shall be filed within three years after the board discovers the act or omission alleged as the ground for disciplinary action, or within 10 years after the act or omission alleged as the ground for disciplinary action occurs, whichever occurs first. This subdivision shall apply to a complaint alleging conduct received by the board on and after January 1, 2006. (f) In any allegation, accusation, or proceeding described in this section, the limitations period in subdivision (a) shall be tolled for the period during which material evidence necessary for prosecuting or determining whether a disciplinary action would be appropriate is unavailable to the board due to an ongoing criminal investigation. (Added by Stats. 2005, Ch. 186, Sec. 1. Effective January 1, 2006.)
  35. 314.

    ## Business and Professions Code - BPC ## DIVISION 1. DEPARTMENT OF CONSUMER AFFAIRS [100 - 472.5] ( Heading of Division 1 amended by Stats. 1973, Ch. 77. ) ## CHAPTER 4. Consumer Affairs [300 - 337] ( Chapter 4 added by Stats. 1970, Ch. 1394. ) ## ARTICLE 3. Powers and Duties [310 - 314] ( Article 3 added by Stats. 1970, Ch. 1394. )

    Verify source ↗

    The department or a board may not approve an accrediting entity that bars earn-and-learn programs, and boards must use licensing or certification standards that allow those programs.

    ## Business and Professions Code - BPC ## DIVISION 1. DEPARTMENT OF CONSUMER AFFAIRS [100 - 472.5] ( Heading of Division 1 amended by Stats. 1973, Ch. 77. ) ## CHAPTER 4. Consumer Affairs [300 - 337] ( Chapter 4 added by Stats. 1970, Ch. 1394. ) ## ARTICLE 3. Powers and Duties [310 - 314] ( Article 3 added by Stats. 1970, Ch. 1394. ) ## 314. (a) The department or board shall not approve an accrediting entity that prohibits earn and learn programs for training in a profession licensed or certified by the board. A board shall use licensing or certification standards that authorize the use of earn and learn training. (b) Notwithstanding subdivision (a), the department and its boards shall not be required to establish a mandate specifying an accrediting entity must provide earn and learn programs for training in a profession licensed or certified by a board. (c) As used in this section,“earn and learn” has the same meaning as defined in subdivision (q) of Section 14005 of the Unemployment Insurance Code. (d) This section shall become operative on January 1, 2024. (Added by Stats. 2021, Ch. 477, Sec. 2. (AB 1273) Effective January 1, 2022. Operative January 1, 2024, by its own provisions.)
  36. 3145.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 7. Optometry [3000 - 3167] ( Chapter 7 added by Stats. 1937, Ch. 423. ) ## ARTICLE 7. Revenue [3145 - 3152.5] ( Article 7 added by Stats. 1937, Ch. 423. )

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    The Optometry Fund exists in the State Treasury, and money collected under this chapter goes into it unless another law says otherwise. The board may not keep a reserve larger than 24 months of its appropriated operating expenses in any fiscal year.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 7. Optometry [3000 - 3167] ( Chapter 7 added by Stats. 1937, Ch. 423. ) ## ARTICLE 7. Revenue [3145 - 3152.5] ( Article 7 added by Stats. 1937, Ch. 423. ) ## 3145. There is the Optometry Fund in the State Treasury. Unless otherwise provided, all money collected under the authority of this chapter shall be paid into this fund, and shall be available, upon appropriation of the Legislature, to carry out the purposes of this chapter. Pursuant to Section 128.5, the board shall not maintain a reserve balance in the fund that is greater than 24 months of the appropriated operating expenses of the board in any fiscal year. (Amended by Stats. 2025, Ch. 788, Sec. 29. (SB 776) Effective January 1, 2026.)
  37. 3145.5.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 7. Optometry [3000 - 3167] ( Chapter 7 added by Stats. 1937, Ch. 423. ) ## ARTICLE 7. Revenue [3145 - 3152.5] ( Article 7 added by Stats. 1937, Ch. 423. )

    Verify source ↗

    Administrative fines collected under Section 3095 must be deposited into the Optometry Fund.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 7. Optometry [3000 - 3167] ( Chapter 7 added by Stats. 1937, Ch. 423. ) ## ARTICLE 7. Revenue [3145 - 3152.5] ( Article 7 added by Stats. 1937, Ch. 423. ) ## 3145.5. Administrative fines collected pursuant to Section 3095 shall be deposited in the Optometry Fund. It is the legislative intent that moneys collected as fines and deposited in the fund be used by the board primarily for enforcement purposes. (Amended by Stats. 2005, Ch. 393, Sec. 39. Effective January 1, 2006.)
  38. 3146.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 7. Optometry [3000 - 3167] ( Chapter 7 added by Stats. 1937, Ch. 423. ) ## ARTICLE 7. Revenue [3145 - 3152.5] ( Article 7 added by Stats. 1937, Ch. 423. )

    Verify source ↗

    An optometric license expires at midnight on the last day of the month in the license’s second year unless it is renewed.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 7. Optometry [3000 - 3167] ( Chapter 7 added by Stats. 1937, Ch. 423. ) ## ARTICLE 7. Revenue [3145 - 3152.5] ( Article 7 added by Stats. 1937, Ch. 423. ) ## 3146. An optometric license issued under this chapter expires at midnight on the last day of the month in which the license was issued during the second year of a two-year term if not renewed. To renew an unexpired license, the optometrist shall apply for renewal on a form prescribed by the board and pay the renewal fee prescribed by this chapter. (Amended by Stats. 2018, Ch. 703, Sec. 25. (SB 1491) Effective January 1, 2019.)
  39. 3147.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 7. Optometry [3000 - 3167] ( Chapter 7 added by Stats. 1937, Ch. 423. ) ## ARTICLE 7. Revenue [3145 - 3152.5] ( Article 7 added by Stats. 1937, Ch. 423. )

    Verify source ↗

    Expired optometrist licenses can be renewed within three years after expiration, and certain retired or related licenses and permits may be renewed or reactivated by application, fee payment, and proof of continuing education.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 7. Optometry [3000 - 3167] ( Chapter 7 added by Stats. 1937, Ch. 423. ) ## ARTICLE 7. Revenue [3145 - 3152.5] ( Article 7 added by Stats. 1937, Ch. 423. ) ## 3147. (a) Except as otherwise provided by Section 114, an expired optometrist license may be renewed at any time within three years after its expiration, and a retired license issued for less than three years may be reactivated to active status, by filing an application for renewal or reactivation on a form prescribed by the board, paying all accrued and unpaid renewal fees or reactivation fees determined by the board, paying any delinquency fees prescribed by the board, and submitting proof of completion of the required number of hours of continuing education for the last two years, as prescribed by the board pursuant to Section 3059. Renewal or reactivation to active status under this section shall be effective on the date on which all of those requirements are satisfied. If so renewed or reactivated to active status, the license shall continue as provided in Sections 3146 and 3147.5. (b) Expired statements of licensure, branch office licenses, and fictitious name permits issued pursuant to Sections 3070, 3077, and 3078, respectively, may be renewed at any time by filing an application for renewal, paying all accrued and unpaid renewal fees, and paying any delinquency fees prescribed by the board. (Amended by Stats. 2018, Ch. 571, Sec. 18. (SB 1480) Effective January 1, 2019.)
  40. 3147.5.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 7. Optometry [3000 - 3167] ( Chapter 7 added by Stats. 1937, Ch. 423. ) ## ARTICLE 7. Revenue [3145 - 3152.5] ( Article 7 added by Stats. 1937, Ch. 423. )

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    Suspended licenses may be renewed, but renewal does not allow the holder to practice optometry in violation of the suspension order. Revoked licenses may not be renewed, and reinstating an expired revoked license triggers a fee of 150% of the renewal fee.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 7. Optometry [3000 - 3167] ( Chapter 7 added by Stats. 1937, Ch. 423. ) ## ARTICLE 7. Revenue [3145 - 3152.5] ( Article 7 added by Stats. 1937, Ch. 423. ) ## 3147.5. A license that has been suspended is subject to expiration and shall be renewed as provided in this article, but renewal does not entitle the holder of a suspended license to engage in the practice of optometry, or in any other activity or conduct in violation of the order or judgment by which the license was suspended. A license that has been revoked is subject to expiration, but it may not be renewed. If a revoked license is reinstated after it has expired, a reinstatement fee of 150 percent of the renewal fee shall be assessed. (Amended by Stats. 2005, Ch. 393, Sec. 42. Effective January 1, 2006.)
  41. 3147.6.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 7. Optometry [3000 - 3167] ( Chapter 7 added by Stats. 1937, Ch. 423. ) ## ARTICLE 7. Revenue [3145 - 3152.5] ( Article 7 added by Stats. 1937, Ch. 423. )

    Verify source ↗

    An expired license may be restored, and a retired license may be reactivated, if the holder meets the listed conditions.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 7. Optometry [3000 - 3167] ( Chapter 7 added by Stats. 1937, Ch. 423. ) ## ARTICLE 7. Revenue [3145 - 3152.5] ( Article 7 added by Stats. 1937, Ch. 423. ) ## 3147.6. Except as otherwise provided by Section 114, a license that is not renewed within three years after its expiration may be restored, and a retired license issued for more than three years may be reactivated to active status, if no fact, circumstance, or condition exists that, if the license were restored, would justify its revocation or suspension, provided all of the following conditions are met: (a) The holder of the expired license or retired license is not subject to denial of a license under Section 480. (b) The holder of the expired license or retired license applies in writing for its restoration or reactivation on a form prescribed by the board. (c) The holder of the expired license or retired license pays the fee or fees as would be required of him or her if he or she were then applying for a license for the first time. (d) The holder of the expired license or retired license satisfactorily passes both of the following examinations: (1) The National Board of Examiners in Optometry’s Clinical Skills examination or other clinical examination approved by the board. (2) The board’s jurisprudence examination. (e) After taking and satisfactorily passing the examinations identified in subdivision (d), the holder of the expired license or retired license pays a restoration fee equal to the sum of the license renewal fee in effect on the last regular renewal date for licenses or a reactivation fee determined by the board, and any delinquency fees prescribed by the board. (Amended by Stats. 2012, Ch. 359, Sec. 4. (SB 1215) Effective January 1, 2013.)
  42. 3147.7.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 7. Optometry [3000 - 3167] ( Chapter 7 added by Stats. 1937, Ch. 423. ) ## ARTICLE 7. Revenue [3145 - 3152.5] ( Article 7 added by Stats. 1937, Ch. 423. )

    Verify source ↗

    Section 3147.6 does not apply to certain license holders if their license has been expired for no more than three years and they prove they hold an active license in another state.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 7. Optometry [3000 - 3167] ( Chapter 7 added by Stats. 1937, Ch. 423. ) ## ARTICLE 7. Revenue [3145 - 3152.5] ( Article 7 added by Stats. 1937, Ch. 423. ) ## 3147.7. The provisions of Section 3147.6 shall not apply to a person holding a license that has not been renewed within three years of expiration, if the person provides satisfactory proof that he or she holds an active license from another state and meets all of the following conditions: (a) Is not subject to denial of a license under Section 480. (b) Applies in writing for restoration of the license on a form prescribed by the board. (c) Pays all accrued and unpaid renewal fees and any delinquency fees prescribed by the board. (d) Submits proof of completion of the required number of hours of continuing education for the last two years. (e) Takes and satisfactorily passes the board’s jurisprudence examination. (Amended by Stats. 2010, Ch. 653, Sec. 17. (SB 1489) Effective January 1, 2011.)
  43. 3148.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 7. Optometry [3000 - 3167] ( Chapter 7 added by Stats. 1937, Ch. 423. ) ## ARTICLE 7. Revenue [3145 - 3152.5] ( Article 7 added by Stats. 1937, Ch. 423. )

    Verify source ↗

    The Director of Consumer Affairs must pay $16 from each license renewal fee to the University of California, and the balance goes to the Optometry Fund.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 7. Optometry [3000 - 3167] ( Chapter 7 added by Stats. 1937, Ch. 423. ) ## ARTICLE 7. Revenue [3145 - 3152.5] ( Article 7 added by Stats. 1937, Ch. 423. ) ## 3148. From each fee for the renewal of a license for the biennial renewal of a license, there shall be paid the sum of sixteen dollars ($16) by the Director of Consumer Affairs to the University of California. This sum shall be used at and by the University of California solely for the advancement of optometrical research and the maintenance and support of the department at the university in which the science of optometry is taught. The balance of each renewal fee shall be paid into the Optometry Fund. (Amended by Stats. 2005, Ch. 393, Sec. 45. Effective January 1, 2006.)
  44. 315.

    ## Business and Professions Code - BPC ## DIVISION 1. DEPARTMENT OF CONSUMER AFFAIRS [100 - 472.5] ( Heading of Division 1 amended by Stats. 1973, Ch. 77. ) ## CHAPTER 4. Consumer Affairs [300 - 337] ( Chapter 4 added by Stats. 1970, Ch. 1394. ) ## ARTICLE 3.6. Uniform Standards Regarding Substance-Abusing Healing Arts Licensees [315 - 315.4] ( Article 3.6 added by Stats. 2008, Ch. 548, Sec. 3. )

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    The committee must follow the Bagley-Keene Open Meeting Act and, by January 1, 2010, adopt uniform standards for how healing arts boards handle substance-abusing licensees. By January 1, 2019, it must also review the existing criteria for Uniform Standard #4.

    ## Business and Professions Code - BPC ## DIVISION 1. DEPARTMENT OF CONSUMER AFFAIRS [100 - 472.5] ( Heading of Division 1 amended by Stats. 1973, Ch. 77. ) ## CHAPTER 4. Consumer Affairs [300 - 337] ( Chapter 4 added by Stats. 1970, Ch. 1394. ) ## ARTICLE 3.6. Uniform Standards Regarding Substance-Abusing Healing Arts Licensees [315 - 315.4] ( Article 3.6 added by Stats. 2008, Ch. 548, Sec. 3. ) ## 315. (a) For the purpose of determining uniform standards that will be used by healing arts boards in dealing with substance-abusing licensees, there is established in the Department of Consumer Affairs the Substance Abuse Coordination Committee. The committee shall be comprised of the executive officers of the department’s healing arts boards established pursuant to Division 2 (commencing with Section 500), the State Board of Chiropractic Examiners, the Osteopathic Medical Board of California, and a designee of the State Department of Health Care Services. The Director of Consumer Affairs shall chair the committee and may invite individuals or stakeholders who have particular expertise in the area of substance abuse to advise the committee. (b) The committee shall be subject to the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Division 3 of Title 2 of the Government Code). (c) By January 1, 2010, the committee shall formulate uniform and specific standards in each of the following areas that each healing arts board shall use in dealing with substance-abusing licensees, whether or not a board chooses to have a formal diversion program: (1) Specific requirements for a clinical diagnostic evaluation of the licensee, including, but not limited to, required qualifications for the providers evaluating the licensee. (2) Specific requirements for the temporary removal of the licensee from practice, in order to enable the licensee to undergo the clinical diagnostic evaluation described in paragraph (1) and any treatment recommended by the evaluator described in paragraph (1) and approved by the board, and specific criteria that the licensee must meet before being permitted to return to practice on a full-time or part-time basis. (3) Specific requirements that govern the ability of the licensing board to communicate with the licensee’s employer about the licensee’s status and condition. (4) Standards governing all aspects of required testing, including, but not limited to, frequency of testing, randomness, method of notice to the licensee, number of hours between the provision of notice and the test, standards for specimen collectors, procedures used by specimen collectors, the permissible locations of testing, whether the collection process must be observed by the collector, backup testing requirements when the licensee is on vacation or otherwise unavailable for local testing, requirements for the laboratory that analyzes the specimens, and the required maximum timeframe from the test to the receipt of the result of the test. (5) Standards governing all aspects of group meeting attendance requirements, including, but not limited to, required qualifications for group meeting facilitators, frequency of required meeting attendance, and methods of documenting and reporting attendance or nonattendance by licensees. (6) Standards used in determining whether inpatient, outpatient, or other type of treatment is necessary. (7) Worksite monitoring requirements and standards, including, but not limited to, required qualifications of worksite monitors, required methods of monitoring by worksite monitors, and required reporting by worksite monitors. (8) Procedures to be followed when a licensee tests positive for a banned substance. (9) Procedures to be followed when a licensee is confirmed to have ingested a banned substance. (10) Specific consequences for major violations and minor violations. In particular, the committee shall consider the use of a “deferred prosecution” stipulation similar to the stipulation described in Section 1000 of the Penal Code, in which the licensee admits to self-abuse of drugs or alcohol and surrenders his or her license. That agreement is deferred by the agency unless or until the licensee commits a major violation, in which case it is revived and the license is surrendered. (11) Criteria that a licensee must meet in order to petition for return to practice on a full-time basis. (12) Criteria that a licensee must meet in order to petition for reinstatement of a full and unrestricted license. (13) If a board uses a private-sector vendor that provides diversion services, standards for immediate reporting by the vendor to the board of any and all noncompliance with any term of the diversion contract or probation; standards for the vendor’s approval process for providers or contractors that provide diversion services, including, but not limited to, specimen collectors, group meeting facilitators, and worksite monitors; standards requiring the vendor to disapprove and discontinue the use of providers or contractors that fail to provide effective or timely diversion services; and standards for a licensee’s termination from the program and referral to enforcement. (14) If a board uses a private-sector vendor that provides diversion services, the extent to which licensee participation in that program shall be kept confidential from the public. (15) If a board uses a private-sector vendor that provides diversion services, a schedule for external independent audits of the vendor’s performance in adhering to the standards adopted by the committee. (16) Measurable criteria and standards to determine whether each board’s method of dealing with substance-abusing licensees protects patients from harm and is effective in assisting its licensees in recovering from substance abuse in the long term. (d) Notwithstanding any other law, by January 1, 2019, the committee shall review the existing criteria for Uniform Standard #4 established pursuant to paragraph (4) of subdivision (c). The committee’s review and findings shall determine whether the existing criteria for Uniform Standard #4 should be updated to reflect recent developments in testing research and technology. The committee shall consider information from, but not limited to, the American Society of Addiction Medicine, and other sources of best practices. (Amended by Stats. 2017, Ch. 600, Sec. 1. (SB 796) Effective January 1, 2018.)
  45. 315.2.

    ## Business and Professions Code - BPC ## DIVISION 1. DEPARTMENT OF CONSUMER AFFAIRS [100 - 472.5] ( Heading of Division 1 amended by Stats. 1973, Ch. 77. ) ## CHAPTER 4. Consumer Affairs [300 - 337] ( Chapter 4 added by Stats. 1970, Ch. 1394. ) ## ARTICLE 3.6. Uniform Standards Regarding Substance-Abusing Healing Arts Licensees [315 - 315.4] ( Article 3.6 added by Stats. 2008, Ch. 548, Sec. 3. )

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    A board must order a licensee to stop practicing if the licensee tests positive for a substance barred by probation or diversion terms.

    ## Business and Professions Code - BPC ## DIVISION 1. DEPARTMENT OF CONSUMER AFFAIRS [100 - 472.5] ( Heading of Division 1 amended by Stats. 1973, Ch. 77. ) ## CHAPTER 4. Consumer Affairs [300 - 337] ( Chapter 4 added by Stats. 1970, Ch. 1394. ) ## ARTICLE 3.6. Uniform Standards Regarding Substance-Abusing Healing Arts Licensees [315 - 315.4] ( Article 3.6 added by Stats. 2008, Ch. 548, Sec. 3. ) ## 315.2. (a) A board, as described in Section 315, shall order a licensee of the board to cease practice if the licensee tests positive for any substance that is prohibited under the terms of the licensee’s probation or diversion program. (b) An order to cease practice under this section shall not be governed by the provisions of Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code. (c) A cease practice order under this section shall not constitute disciplinary action. (d) This section shall have no effect on the Board of Registered Nursing pursuant to Article 3.1 (commencing with Section 2770) of Chapter 6 of Division 2. (Added by Stats. 2010, Ch. 517, Sec. 2. (SB 1172) Effective January 1, 2011.)
  46. 315.4.

    ## Business and Professions Code - BPC ## DIVISION 1. DEPARTMENT OF CONSUMER AFFAIRS [100 - 472.5] ( Heading of Division 1 amended by Stats. 1973, Ch. 77. ) ## CHAPTER 4. Consumer Affairs [300 - 337] ( Chapter 4 added by Stats. 1970, Ch. 1394. ) ## ARTICLE 3.6. Uniform Standards Regarding Substance-Abusing Healing Arts Licensees [315 - 315.4] ( Article 3.6 added by Stats. 2008, Ch. 548, Sec. 3. )

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    A board may adopt regulations allowing it to order certain probationary or diversion-program licensees to stop practicing for major violations or while a clinical diagnostic evaluation is required.

    ## Business and Professions Code - BPC ## DIVISION 1. DEPARTMENT OF CONSUMER AFFAIRS [100 - 472.5] ( Heading of Division 1 amended by Stats. 1973, Ch. 77. ) ## CHAPTER 4. Consumer Affairs [300 - 337] ( Chapter 4 added by Stats. 1970, Ch. 1394. ) ## ARTICLE 3.6. Uniform Standards Regarding Substance-Abusing Healing Arts Licensees [315 - 315.4] ( Article 3.6 added by Stats. 2008, Ch. 548, Sec. 3. ) ## 315.4. (a) A board, as described in Section 315, may adopt regulations authorizing the board to order a licensee on probation or in a diversion program to cease practice for major violations and when the board orders a licensee to undergo a clinical diagnostic evaluation pursuant to the uniform and specific standards adopted and authorized under Section 315. (b) An order to cease practice under this section shall not be governed by the provisions of Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code. (c) A cease practice order under this section shall not constitute disciplinary action. (d) This section shall have no effect on the Board of Registered Nursing pursuant to Article 3.1 (commencing with Section 2770) of Chapter 6 of Division 2. (Added by Stats. 2010, Ch. 517, Sec. 3. (SB 1172) Effective January 1, 2011.)
  47. 3150.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 7. Optometry [3000 - 3167] ( Chapter 7 added by Stats. 1937, Ch. 423. ) ## ARTICLE 7. Revenue [3145 - 3152.5] ( Article 7 added by Stats. 1937, Ch. 423. )

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    The department may make necessary disbursements to carry out this chapter.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 7. Optometry [3000 - 3167] ( Chapter 7 added by Stats. 1937, Ch. 423. ) ## ARTICLE 7. Revenue [3145 - 3152.5] ( Article 7 added by Stats. 1937, Ch. 423. ) ## 3150. The department may make all necessary disbursements to carry out the provisions of this chapter. (Amended by Stats. 2005, Ch. 393, Sec. 46. Effective January 1, 2006.)
  48. 3151.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 7. Optometry [3000 - 3167] ( Chapter 7 added by Stats. 1937, Ch. 423. ) ## ARTICLE 7. Revenue [3145 - 3152.5] ( Article 7 added by Stats. 1937, Ch. 423. )

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    The board must issue a retired license to a current optometrist on application and payment of the fee. A retired-license holder is exempt from continuing education, does not have to renew the license, may not practice optometry, and may use only the listed retired titles.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 7. Optometry [3000 - 3167] ( Chapter 7 added by Stats. 1937, Ch. 423. ) ## ARTICLE 7. Revenue [3145 - 3152.5] ( Article 7 added by Stats. 1937, Ch. 423. ) ## 3151. (a) The board shall issue, upon application and payment of the fee described in Section 3152, a retired license to an optometrist who holds a license that is current. (b) A licensee who has been issued a retired license is exempt from continuing education requirements pursuant to Section 3059. The holder of a retired license shall not be required to renew that license. (c) The holder of a retired license shall not engage in the practice of optometry. (d) An optometrist holding a retired license shall only be permitted to use the titles “retired optometrist” or “optometrist, retired.” (e) The holder of a retired license issued for less than three years may reactivate the license to active status if the holder meets the requirements of Section 3147. (f) The holder of a retired license issued for more than three years may reactivate the license to active status if the holder satisfies the requirements in Section 3147.6. (Amended by Stats. 2025, Ch. 788, Sec. 30. (SB 776) Effective January 1, 2026.)
  49. 3151.1.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 7. Optometry [3000 - 3167] ( Chapter 7 added by Stats. 1937, Ch. 423. ) ## ARTICLE 7. Revenue [3145 - 3152.5] ( Article 7 added by Stats. 1937, Ch. 423. )

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    The board must issue a retired volunteer service license to an eligible optometrist who applies and pays the fee, and it must refuse the license if Section 480 denial rules apply.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 7. Optometry [3000 - 3167] ( Chapter 7 added by Stats. 1937, Ch. 423. ) ## ARTICLE 7. Revenue [3145 - 3152.5] ( Article 7 added by Stats. 1937, Ch. 423. ) ## 3151.1. (a) The board shall issue, upon application and payment of the fee described in Section 3152, a license with retired volunteer service designation to an optometrist who satisfies any of the following: (1) The applicant holds any of the following: (A) A retired license issued within the last three years. (B) A license that has not been renewed and has expired within the last three years. (C) A license that is current and active. (2) The applicant holds either of the following, and the applicant certifies on the application that he or she has completed an additional 50 hours of formal continuing optometric education coursework: (A) A retired license issued more than three, but less than five, years ago. (B) A license that has not been renewed and has expired more than three, but less than five, years ago. (3) The applicant holds either of the following, and satisfies the requirements set forth in subdivisions (a) to (d), inclusive, of Section 3147.6: (A) A retired license issued more than five years ago. (B) A license that has not been renewed and has expired more than five years ago. (b) The board shall not issue a license pursuant to this section to an applicant whose application would be subject to denial pursuant to Section 480. (c) The applicant shall certify on the application that the sole purpose of the license with retired volunteer service designation is to provide voluntary, unpaid optometric services at health fairs, vision screenings, and public service eye programs. (d) The holder of the retired license with volunteer service designation shall submit a biennial renewal application, with a fee fixed by this chapter and certify on each renewal that the required number of continuing education hours pursuant to Section 3059 were completed, and certify that the sole purpose of the retired license with volunteer service designation is to provide voluntary, unpaid services as described in subdivision (c). Pursuant to Section 3146, the license expires at midnight on the last day of the licenseholder’s birth month every two years if not renewed. (Amended by Stats. 2015, Ch. 125, Sec. 1. (AB 1253) Effective January 1, 2016.)
  50. 3152.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 7. Optometry [3000 - 3167] ( Chapter 7 added by Stats. 1937, Ch. 423. ) ## ARTICLE 7. Revenue [3145 - 3152.5] ( Article 7 added by Stats. 1937, Ch. 423. )

    Verify source ↗

    The board sets the fees and penalties for this chapter, but cannot go above the amounts listed in the fee schedule.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 7. Optometry [3000 - 3167] ( Chapter 7 added by Stats. 1937, Ch. 423. ) ## ARTICLE 7. Revenue [3145 - 3152.5] ( Article 7 added by Stats. 1937, Ch. 423. ) ## 3152. The amounts of fees and penalties prescribed by this chapter shall be established by the board in amounts not greater than those specified in the following schedule: (a) The fee for applicants applying for a license shall not exceed two hundred seventy-five dollars ($275). (b) The fee for renewal of an optometric license shall be a minimum of five hundred dollars ($500) and shall not exceed seven hundred dollars ($700). (c) The fee for issuance of a license or upon change of name authorized by law of a person holding a license under this chapter shall not exceed twenty-five dollars ($25). (d) The delinquency fee for renewal of an optometric license shall be a minimum of fifty dollars ($50) and shall not exceed seventy-five dollars ($75). (e) The application fee for a certificate to perform lacrimal irrigation and dilation shall not exceed fifty dollars ($50). (f) The application fee for a certificate to treat glaucoma shall not exceed fifty dollars ($50). (g) The fee for approval of a continuing education course shall not exceed one hundred dollars ($100). (h) The fee for issuance of a statement of licensure shall not exceed forty dollars ($40). (i) The fee for biennial renewal of a statement of licensure shall not exceed forty dollars ($40). (j) The delinquency fee for renewal of a statement of licensure shall not exceed twenty dollars ($20). (k) The application fee for a fictitious name permit shall not exceed fifty dollars ($50). (l) The renewal fee for a fictitious name permit shall not exceed fifty dollars ($50). (m) The delinquency fee for renewal of a fictitious name permit shall not exceed twenty-five dollars ($25). (n) The fee for a retired license shall not exceed twenty-five dollars ($25). (o) The fee for a retired license with volunteer designation shall not exceed fifty dollars ($50). (p) The biennial renewal fee for a retired license with volunteer designation shall not exceed fifty dollars ($50). (q) The application fee for a certificate to administer immunizations shall not exceed fifty dollars ($50). (r) The application fee for a home residence permit is fifty dollars ($50). The board may increase the fee to not more than one hundred dollars ($100). (s) The renewal fee for a home residence permit is fifty dollars ($50). The board may increase the fee to not more than one hundred dollars ($100). (t) The delinquency fee for a home residence permit is twenty-five dollars ($25). The board may increase the fee to not more than one hundred dollars ($100). (u) The endorsement fee is forty dollars ($40). The board may increase the fee, as necessary to cover the reasonable regulatory costs of administration, to not more than sixty dollars ($60). (Amended by Stats. 2025, Ch. 788, Sec. 31. (SB 776) Effective January 1, 2026.)
  51. 3152.5.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 7. Optometry [3000 - 3167] ( Chapter 7 added by Stats. 1937, Ch. 423. ) ## ARTICLE 7. Revenue [3145 - 3152.5] ( Article 7 added by Stats. 1937, Ch. 423. )

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    The board may charge an application fee to applicants for therapeutic pharmaceutical agent certificates and a renewal fee to licenseholders, but neither fee may exceed the board’s actual costs.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 7. Optometry [3000 - 3167] ( Chapter 7 added by Stats. 1937, Ch. 423. ) ## ARTICLE 7. Revenue [3145 - 3152.5] ( Article 7 added by Stats. 1937, Ch. 423. ) ## 3152.5. The board may require each applicant for a certificate to use therapeutic pharmaceutical agents, pursuant to Section 3041.3, to pay an application fee, and may require each licenseholder to pay a renewal fee. The application fee and the renewal fee shall not exceed the actual costs to the board of the reviewing and processing of the application for a license or renewal of a license, monitoring the practice by licenseholders, and enforcing the provisions of law governing the use of therapeutic pharmaceutical agents, the diagnosis and treatment of certain conditions, and the performance of certain procedures by persons certified to use therapeutic pharmaceutical agents. (Amended by Stats. 2005, Ch. 393, Sec. 48. Effective January 1, 2006.)
  52. 3160.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 7. Optometry [3000 - 3167] ( Chapter 7 added by Stats. 1937, Ch. 423. ) ## ARTICLE 8. Optometric Corporations [3160 - 3167] ( Article 8 added by Stats. 1970, Ch. 1265. )

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    An optometric corporation is a corporation allowed to provide professional services if it complies with the Moscone-Knox Professional Corporation Act, this article, and other applicable statutes and regulations.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 7. Optometry [3000 - 3167] ( Chapter 7 added by Stats. 1937, Ch. 423. ) ## ARTICLE 8. Optometric Corporations [3160 - 3167] ( Article 8 added by Stats. 1970, Ch. 1265. ) ## 3160. An optometric corporation is a corporation that is authorized to render professional services, as described in Sections 13401 and 13401.5 of the Corporations Code, if that corporation and its shareholders, officers, directors, and employees rendering professional services who are physicians and surgeons, psychologists, registered nurses, optometrists, or podiatrists are in compliance with the Moscone-Knox Professional Corporation Act as contained in Part 4 (commencing with Section 13400) of Division 3 of Title 1 of the Corporations Code, the provisions of this article, and all other statutes and regulations now or hereafter enacted or adopted pertaining to the corporation and the conduct of its affairs. With respect to an optometric corporation, the governmental agency referred to in the Moscone-Knox Professional Corporation Act is the California State Board of Optometry. (Amended by Stats. 2021, Ch. 630, Sec. 90. (AB 1534) Effective January 1, 2022.)
  53. 3163.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 7. Optometry [3000 - 3167] ( Chapter 7 added by Stats. 1937, Ch. 423. ) ## ARTICLE 8. Optometric Corporations [3160 - 3167] ( Article 8 added by Stats. 1970, Ch. 1265. )

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    An optometric corporation’s name must use only the names of present, prospective, or former shareholders and include “optometric corporation” or equivalent wording; if a former shareholder leaves or dies, the corporation must amend its articles of incorporation to remove that person’s name within two years, unless Section 3078 applies.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 7. Optometry [3000 - 3167] ( Chapter 7 added by Stats. 1937, Ch. 423. ) ## ARTICLE 8. Optometric Corporations [3160 - 3167] ( Article 8 added by Stats. 1970, Ch. 1265. ) ## 3163. Except as provided in Section 3078, the name of an optometric corporation and any name or names under which it may be rendering professional services shall contain and be restricted to the name or the last name of one or more of the present, prospective, or former shareholders and shall include the words optometric corporation or wording or abbreviations denoting corporate existence, provided that the articles of incorporation shall be amended to delete the name of a former shareholder from the name of the corporation within two years from the date the former shareholder dies or otherwise ceases to be a shareholder. (Amended by Stats. 2013, Ch. 473, Sec. 17. (SB 821) Effective January 1, 2014.)
  54. 3164.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 7. Optometry [3000 - 3167] ( Chapter 7 added by Stats. 1937, Ch. 423. ) ## ARTICLE 8. Optometric Corporations [3160 - 3167] ( Article 8 added by Stats. 1970, Ch. 1265. )

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    Except for specified Corporations Code sections, every director, shareholder, and officer of an optometric corporation must be a licensed person under the Moscone-Knox Professional Corporation Act.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 7. Optometry [3000 - 3167] ( Chapter 7 added by Stats. 1937, Ch. 423. ) ## ARTICLE 8. Optometric Corporations [3160 - 3167] ( Article 8 added by Stats. 1970, Ch. 1265. ) ## 3164. Except as provided in Sections 13401.5 and 13403 of the Corporations Code, each director, shareholder, and officer of an optometric corporation shall be a licensed person as defined in the Moscone-Knox Professional Corporation Act. (Amended by Stats. 1981, Ch. 621, Sec. 4.)
  55. 3165.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 7. Optometry [3000 - 3167] ( Chapter 7 added by Stats. 1937, Ch. 423. ) ## ARTICLE 8. Optometric Corporations [3160 - 3167] ( Article 8 added by Stats. 1970, Ch. 1265. )

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    An optometric corporation’s income from services performed while a shareholder is a disqualified person may not be used for that shareholder’s benefit.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 7. Optometry [3000 - 3167] ( Chapter 7 added by Stats. 1937, Ch. 423. ) ## ARTICLE 8. Optometric Corporations [3160 - 3167] ( Article 8 added by Stats. 1970, Ch. 1265. ) ## 3165. The income of an optometric corporation attributable to professional services rendered while a shareholder is a disqualified person (as defined in the Moscone-Knox Professional Corporation Act) shall not in any manner accrue to the benefit of such shareholder for his shares in the optometric corporation. (Added by Stats. 1970, Ch. 1265.)
  56. 3166.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 7. Optometry [3000 - 3167] ( Chapter 7 added by Stats. 1937, Ch. 423. ) ## ARTICLE 8. Optometric Corporations [3160 - 3167] ( Article 8 added by Stats. 1970, Ch. 1265. )

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    An optometric corporation must not engage in conduct that would be unprofessional under any statute, rule, or regulation, and must follow the same statutes, rules, and regulations that apply to a licensed person under Section 3055 when conducting its practice.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 7. Optometry [3000 - 3167] ( Chapter 7 added by Stats. 1937, Ch. 423. ) ## ARTICLE 8. Optometric Corporations [3160 - 3167] ( Article 8 added by Stats. 1970, Ch. 1265. ) ## 3166. An optometric corporation shall not do or fail to do an act the doing of which or the failure to do which would constitute unprofessional conduct under any statute, rule, or regulation. In conducting its practice, an optometric corporation shall observe and be bound by statutes, rules, and regulations to the same extent as a person holding a license under Section 3055. (Amended by Stats. 2006, Ch. 564, Sec. 7. Effective January 1, 2007.)
  57. 3167.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 7. Optometry [3000 - 3167] ( Chapter 7 added by Stats. 1937, Ch. 423. ) ## ARTICLE 8. Optometric Corporations [3160 - 3167] ( Article 8 added by Stats. 1970, Ch. 1265. )

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    The board may make and enforce rules for optometric corporations, including rules requiring certain stock to be sold within a set time and requiring patient-claim security as a condition for obtaining a certificate.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 7. Optometry [3000 - 3167] ( Chapter 7 added by Stats. 1937, Ch. 423. ) ## ARTICLE 8. Optometric Corporations [3160 - 3167] ( Article 8 added by Stats. 1970, Ch. 1265. ) ## 3167. The board may formulate and enforce rules and regulations to carry out the purposes and objectives of this article, including rules and regulations requiring (a) that the articles of incorporation or bylaws of an optometric corporation shall include a provision whereby the capital stock of such corporation owned by a disqualified person (as defined in the Moscone-Knox Professional Corporation Act), or a deceased person shall be sold to the corporation or to the remaining shareholders of such corporation within such time as such rules and regulations may provide; and (b) that an optometric corporation as a condition of obtaining a certificate pursuant to the Moscone-Knox Professional Corporation Act and this article shall provide adequate security by insurance or otherwise for claims against it by its patients arising out of the rendering of professional services. (Added by Stats. 1970, Ch. 1265.)
  58. 32.

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

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    A licensing board should consider adding AIDS-related training to continuing education or training requirements for the listed healing-arts licensees.

    ## Business and Professions Code - BPC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1937, Ch. 399. ) ## 32. (a) The Legislature finds that there is a need to ensure that professionals of the healing arts who have or intend to have significant contact with patients who have, or are at risk to be exposed to, acquired immune deficiency syndrome (AIDS) are provided with training in the form of continuing education regarding the characteristics and methods of assessment and treatment of the condition. (b) A board vested with the responsibility of regulating the following licensees shall consider including training regarding the characteristics and method of assessment and treatment of acquired immune deficiency syndrome (AIDS) in any continuing education or training requirements for those licensees: chiropractors, medical laboratory technicians, dentists, dental hygienists, dental assistants, physicians and surgeons, podiatrists, registered nurses, licensed vocational nurses, psychologists, physician assistants, respiratory therapists, acupuncturists, marriage and family therapists, licensed educational psychologists, clinical social workers, and professional clinical counselors. (Amended by Stats. 2011, Ch. 381, Sec. 4. (SB 146) Effective January 1, 2012.)
  59. 320.

    ## Business and Professions Code - BPC ## DIVISION 1. DEPARTMENT OF CONSUMER AFFAIRS [100 - 472.5] ( Heading of Division 1 amended by Stats. 1973, Ch. 77. ) ## CHAPTER 4. Consumer Affairs [300 - 337] ( Chapter 4 added by Stats. 1970, Ch. 1394. ) ## ARTICLE 4. Representation of Consumers [320 - 321] ( Article 4 added by Stats. 1970, Ch. 1394. )

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    The director or the Attorney General may intervene in a pending state or federal matter affecting consumers in California, and may present necessary evidence and argument under the forum’s procedural rules.

    ## Business and Professions Code - BPC ## DIVISION 1. DEPARTMENT OF CONSUMER AFFAIRS [100 - 472.5] ( Heading of Division 1 amended by Stats. 1973, Ch. 77. ) ## CHAPTER 4. Consumer Affairs [300 - 337] ( Chapter 4 added by Stats. 1970, Ch. 1394. ) ## ARTICLE 4. Representation of Consumers [320 - 321] ( Article 4 added by Stats. 1970, Ch. 1394. ) ## 320. Whenever there is pending before any state commission, regulatory agency, department, or other state agency, or any state or federal court or agency, any matter or proceeding which the director finds may affect substantially the interests of consumers within California, the director, or the Attorney General, may intervene in such matter or proceeding in any appropriate manner to represent the interests of consumers. The director, or any officer or employee designated by the director for that purpose, or the Attorney General, may thereafter present to such agency, court, or department, in conformity with the rules of practice and procedure thereof, such evidence and argument as he shall determine to be necessary, for the effective protection of the interests of consumers. (Amended by Stats. 1975, Ch. 1262.)
  60. 321.

    ## Business and Professions Code - BPC ## DIVISION 1. DEPARTMENT OF CONSUMER AFFAIRS [100 - 472.5] ( Heading of Division 1 amended by Stats. 1973, Ch. 77. ) ## CHAPTER 4. Consumer Affairs [300 - 337] ( Chapter 4 added by Stats. 1970, Ch. 1394. ) ## ARTICLE 4. Representation of Consumers [320 - 321] ( Article 4 added by Stats. 1970, Ch. 1394. )

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    If consumer interests appear to be or may be harmed by unlawful acts or practices, the director or the Attorney General may bring legal proceedings to stop them and seek other relief.

    ## Business and Professions Code - BPC ## DIVISION 1. DEPARTMENT OF CONSUMER AFFAIRS [100 - 472.5] ( Heading of Division 1 amended by Stats. 1973, Ch. 77. ) ## CHAPTER 4. Consumer Affairs [300 - 337] ( Chapter 4 added by Stats. 1970, Ch. 1394. ) ## ARTICLE 4. Representation of Consumers [320 - 321] ( Article 4 added by Stats. 1970, Ch. 1394. ) ## 321. Whenever it appears to the director that the interests of the consumers of this state are being damaged, or may be damaged, by any person who engaged in, or intends to engage in, any acts or practices in violation of any law of this state, or any federal law, the director or any officer or employee designated by the director, or the Attorney General, may commence legal proceedings in the appropriate forum to enjoin such acts or practices and may seek other appropriate relief on behalf of such consumers. (Added by Stats. 1975, Ch. 1262.)
  61. 325.

    ## Business and Professions Code - BPC ## DIVISION 1. DEPARTMENT OF CONSUMER AFFAIRS [100 - 472.5] ( Heading of Division 1 amended by Stats. 1973, Ch. 77. ) ## CHAPTER 4. Consumer Affairs [300 - 337] ( Chapter 4 added by Stats. 1970, Ch. 1394. ) ## ARTICLE 5. Consumer Complaints [325 - 328] ( Article 5 added by Stats. 1970, Ch. 1394. )

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    The director must receive consumer complaints about the listed consumer-protection, business, education, and related matters.

    ## Business and Professions Code - BPC ## DIVISION 1. DEPARTMENT OF CONSUMER AFFAIRS [100 - 472.5] ( Heading of Division 1 amended by Stats. 1973, Ch. 77. ) ## CHAPTER 4. Consumer Affairs [300 - 337] ( Chapter 4 added by Stats. 1970, Ch. 1394. ) ## ARTICLE 5. Consumer Complaints [325 - 328] ( Article 5 added by Stats. 1970, Ch. 1394. ) ## 325. It shall be the duty of the director to receive complaints from consumers concerning (a) unfair methods of competition and unfair or deceptive acts or practices undertaken by any person in the conduct of any trade or commerce; (b) the production, distribution, sale, and lease of any goods and services undertaken by any person which may endanger the public health, safety, or welfare; (c) violations of provisions of this code relating to businesses and professions licensed by any agency of the department, and regulations promulgated pursuant thereto; (d) student concerns related to the Bureau for Private Postsecondary Education’s performance of its responsibilities, including concerns that arise related to the Bureau for Private Postsecondary Education’s handling of a complaint or its administration of the Student Tuition Recovery Fund, established in Article 14 (commencing with Section 94923) of Chapter 8 of Part 59 of Division 10 of Title 3 of the Education Code; and (e) other matters consistent with the purposes of this chapter, whenever appropriate. (Amended by Stats. 2016, Ch. 593, Sec. 1. (SB 1192) Effective January 1, 2017.)
  62. 325.3.

    ## Business and Professions Code - BPC ## DIVISION 1. DEPARTMENT OF CONSUMER AFFAIRS [100 - 472.5] ( Heading of Division 1 amended by Stats. 1973, Ch. 77. ) ## CHAPTER 4. Consumer Affairs [300 - 337] ( Chapter 4 added by Stats. 1970, Ch. 1394. ) ## ARTICLE 5. Consumer Complaints [325 - 328] ( Article 5 added by Stats. 1970, Ch. 1394. )

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    The director must receive consumer complaints about services provided by certain entities covered by the Public Utilities Code.

    ## Business and Professions Code - BPC ## DIVISION 1. DEPARTMENT OF CONSUMER AFFAIRS [100 - 472.5] ( Heading of Division 1 amended by Stats. 1973, Ch. 77. ) ## CHAPTER 4. Consumer Affairs [300 - 337] ( Chapter 4 added by Stats. 1970, Ch. 1394. ) ## ARTICLE 5. Consumer Complaints [325 - 328] ( Article 5 added by Stats. 1970, Ch. 1394. ) ## 325.3. In addition to the duties prescribed by Section 325, it shall be the duty of the director to receive complaints from consumers concerning services provided by the entities described in paragraph (2) of subdivision (b) of Section 234 of the Public Utilities Code. (Added by Stats. 1995, Ch. 357, Sec. 1. Effective January 1, 1996.)
  63. 326.

    ## Business and Professions Code - BPC ## DIVISION 1. DEPARTMENT OF CONSUMER AFFAIRS [100 - 472.5] ( Heading of Division 1 amended by Stats. 1973, Ch. 77. ) ## CHAPTER 4. Consumer Affairs [300 - 337] ( Chapter 4 added by Stats. 1970, Ch. 1394. ) ## ARTICLE 5. Consumer Complaints [325 - 328] ( Article 5 added by Stats. 1970, Ch. 1394. )

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    The director may notify the person complained about, request relief for the consumer, and advise the consumer. The director must also send valid complaints to the most effective agency and, in probable-violation situations, refer complaints and evidence to enforcement or regulatory agencies or ask the Attorney General to act.

    ## Business and Professions Code - BPC ## DIVISION 1. DEPARTMENT OF CONSUMER AFFAIRS [100 - 472.5] ( Heading of Division 1 amended by Stats. 1973, Ch. 77. ) ## CHAPTER 4. Consumer Affairs [300 - 337] ( Chapter 4 added by Stats. 1970, Ch. 1394. ) ## ARTICLE 5. Consumer Complaints [325 - 328] ( Article 5 added by Stats. 1970, Ch. 1394. ) ## 326. (a) Upon receipt of any complaint pursuant to Section 325, the director may notify the person against whom the complaint is made of the nature of the complaint and may request appropriate relief for the consumer. (b) The director shall also transmit any valid complaint to the local, state or federal agency whose authority provides the most effective means to secure the relief. The director shall, if appropriate, advise the consumer of the action taken on the complaint and of any other means which may be available to the consumer to secure relief. (c) If the director receives a complaint or receives information from any source indicating a probable violation of any law, rule, or order of any regulatory agency of the state, or if a pattern of complaints from consumers develops, the director shall transmit any complaint he or she considers to be valid to any appropriate law enforcement or regulatory agency and any evidence or information he or she may have concerning the probable violation or pattern of complaints or request the Attorney General to undertake appropriate legal action. It shall be the continuing duty of the director to discern patterns of complaints and to ascertain the nature and extent of action taken with respect to the probable violations or pattern of complaints. (Amended by Stats. 1989, Ch. 1360, Sec. 1.)
  64. 328.

    ## Business and Professions Code - BPC ## DIVISION 1. DEPARTMENT OF CONSUMER AFFAIRS [100 - 472.5] ( Heading of Division 1 amended by Stats. 1973, Ch. 77. ) ## CHAPTER 4. Consumer Affairs [300 - 337] ( Chapter 4 added by Stats. 1970, Ch. 1394. ) ## ARTICLE 5. Consumer Complaints [325 - 328] ( Article 5 added by Stats. 1970, Ch. 1394. )

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    The director must create complaint prioritization guidelines, and later amend them to add allegations of serious harm to a minor as an urgent or highest priority category.

    ## Business and Professions Code - BPC ## DIVISION 1. DEPARTMENT OF CONSUMER AFFAIRS [100 - 472.5] ( Heading of Division 1 amended by Stats. 1973, Ch. 77. ) ## CHAPTER 4. Consumer Affairs [300 - 337] ( Chapter 4 added by Stats. 1970, Ch. 1394. ) ## ARTICLE 5. Consumer Complaints [325 - 328] ( Article 5 added by Stats. 1970, Ch. 1394. ) ## 328. (a) In order to implement the Consumer Protection Enforcement Initiative of 2010, the director, through the Division of Investigation, shall implement “Complaint Prioritization Guidelines” for boards to utilize in prioritizing their respective complaint and investigative workloads. The guidelines shall be used to determine the referral of complaints to the division and those that are retained by the health care boards for investigation. (b) Neither the Medical Board of California nor the Podiatric Medical Board of California shall be required to utilize the guidelines implemented pursuant to subdivision (a). (c) On or before July 1, 2019, the director shall amend the guidelines implemented pursuant to subdivision (a) to include the category of “allegations of serious harm to a minor” under the “urgent” or “highest priority” level. (Amended by Stats. 2019, Ch. 351, Sec. 47. (AB 496) Effective January 1, 2020.)
  65. 337.

    ## Business and Professions Code - BPC ## DIVISION 1. DEPARTMENT OF CONSUMER AFFAIRS [100 - 472.5] ( Heading of Division 1 amended by Stats. 1973, Ch. 77. ) ## CHAPTER 4. Consumer Affairs [300 - 337] ( Chapter 4 added by Stats. 1970, Ch. 1394. ) ## ARTICLE 6. Information [337- 337.] ( Article 6 added by Stats. 1970, Ch. 1394. )

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    Four California medical/behavioral boards must prepare and share an informational brochure about psychotherapist-client sexual behavior and sexual contact.

    ## Business and Professions Code - BPC ## DIVISION 1. DEPARTMENT OF CONSUMER AFFAIRS [100 - 472.5] ( Heading of Division 1 amended by Stats. 1973, Ch. 77. ) ## CHAPTER 4. Consumer Affairs [300 - 337] ( Chapter 4 added by Stats. 1970, Ch. 1394. ) ## ARTICLE 6. Information [337- 337.] ( Article 6 added by Stats. 1970, Ch. 1394. ) ## 337. (a) The Board of Behavioral Sciences, the Board of Psychology, the Medical Board of California, and the Osteopathic Medical Board of California shall prepare and disseminate an informational brochure for victims of psychotherapist-client sexual behavior and sexual contact and their advocates. This brochure shall be developed by the Board of Behavioral Sciences, the Board of Psychology, the Medical Board of California, and the Osteopathic Medical Board of California. (b) The brochure shall include, but is not limited to, the following: (1) A legal and an informal definition of psychotherapist-client sexual behavior and sexual contact. (2) A brief description of common personal reactions. (3) A client’s bill of rights. (4) Instructions for reporting psychotherapist-client sexual behavior and sexual contact. (5) A full description of administrative complaint procedures. (6) Information that other civil and criminal remedies may also be available to them in regards to the incident. (7) A description of services available for support of victims. (c) The brochure shall be provided to each individual contacting the Board of Behavioral Sciences, the Board of Psychology, the Medical Board of California, or the Osteopathic Medical Board of California regarding a complaint involving psychotherapist-client sexual behavior and sexual contact. (d) The brochure shall be made available on the Internet Web sites of the Board of Behavioral Sciences, the Board of Psychology, the Medical Board of California, and the Osteopathic Medical Board of California. (Amended by Stats. 2018, Ch. 778, Sec. 1. (AB 2968) Effective January 1, 2019.)
  66. 35.

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

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    Boards must consult veterans and military authorities before adopting rules, and their regulations must include methods for evaluating armed-services education, training, and experience for licensure purposes.

    ## Business and Professions Code - BPC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1937, Ch. 399. ) ## 35. It is the policy of this state that, consistent with the provision of high-quality services, persons with skills, knowledge, and experience obtained in the armed services of the United States should be permitted to apply this learning and contribute to the employment needs of the state at the maximum level of responsibility and skill for which they are qualified. To this end, rules and regulations of boards provided for in this code shall provide for methods of evaluating education, training, and experience obtained in the armed services, if applicable to the requirements of the business, occupation, or profession regulated. These rules and regulations shall also specify how this education, training, and experience may be used to meet the licensure requirements for the particular business, occupation, or profession regulated. Each board shall consult with the Department of Veterans Affairs and the Military Department before adopting these rules and regulations. Each board shall perform the duties required by this section within existing budgetary resources of the agency within which the board operates. (Amended by Stats. 2010, Ch. 214, Sec. 1. (AB 2783) Effective January 1, 2011.)
  67. 3504.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 7.7. Physician Assistants [3500 - 3545] ( Heading of Chapter 7.7 amended by Stats. 1992, Ch. 427, Sec. 5. ) ## ARTICLE 2. Administration [3504 - 3511] ( Article 2 added by Stats. 1975, Ch. 634. )

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    This section creates a Physician Assistant Board with nine members and says the section ends and is repealed on January 1, 2030.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 7.7. Physician Assistants [3500 - 3545] ( Heading of Chapter 7.7 amended by Stats. 1992, Ch. 427, Sec. 5. ) ## ARTICLE 2. Administration [3504 - 3511] ( Article 2 added by Stats. 1975, Ch. 634. ) ## 3504. (a) There is established a Physician Assistant Board. The board consists of nine members. (b) This section shall remain in effect only until January 1, 2030, and as of that date is repealed. (Amended by Stats. 2025, Ch. 194, Sec. 10. (AB 1501) Effective January 1, 2026. Repealed as of January 1, 2030, by its own provisions.)
  68. 3504.1.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 7.7. Physician Assistants [3500 - 3545] ( Heading of Chapter 7.7 amended by Stats. 1992, Ch. 427, Sec. 5. ) ## ARTICLE 2. Administration [3504 - 3511] ( Article 2 added by Stats. 1975, Ch. 634. )

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    The Physician Assistant Board must make protection of the public its top priority when it carries out licensing, regulatory, and disciplinary functions.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 7.7. Physician Assistants [3500 - 3545] ( Heading of Chapter 7.7 amended by Stats. 1992, Ch. 427, Sec. 5. ) ## ARTICLE 2. Administration [3504 - 3511] ( Article 2 added by Stats. 1975, Ch. 634. ) ## 3504.1. Protection of the public shall be the highest priority for the Physician Assistant Board in exercising its licensing, regulatory, and disciplinary functions. Whenever the protection of the public is inconsistent with other interests sought to be promoted, the protection of the public shall be paramount. (Amended by Stats. 2012, Ch. 332, Sec. 32. (SB 1236) Effective January 1, 2013.)
  69. 3504.2.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 7.7. Physician Assistants [3500 - 3545] ( Heading of Chapter 7.7 amended by Stats. 1992, Ch. 427, Sec. 5. ) ## ARTICLE 2. Administration [3504 - 3511] ( Article 2 added by Stats. 1975, Ch. 634. )

    Verify source ↗

    If Section 3504 is repealed, the board becomes subject to review by the Legislature’s appropriate policy committee.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 7.7. Physician Assistants [3500 - 3545] ( Heading of Chapter 7.7 amended by Stats. 1992, Ch. 427, Sec. 5. ) ## ARTICLE 2. Administration [3504 - 3511] ( Article 2 added by Stats. 1975, Ch. 634. ) ## 3504.2. Notwithstanding any other law, the repeal of Section 3504 renders the board subject to review by the appropriate policy committee of the Legislature. (Added by Stats. 2025, Ch. 194, Sec. 11. (AB 1501) Effective January 1, 2026.)
  70. 3505.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 7.7. Physician Assistants [3500 - 3545] ( Heading of Chapter 7.7 amended by Stats. 1992, Ch. 427, Sec. 5. ) ## ARTICLE 2. Administration [3504 - 3511] ( Article 2 added by Stats. 1975, Ch. 634. )

    Verify source ↗

    This section sets the membership and appointment rules for the physician assistants board.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 7.7. Physician Assistants [3500 - 3545] ( Heading of Chapter 7.7 amended by Stats. 1992, Ch. 427, Sec. 5. ) ## ARTICLE 2. Administration [3504 - 3511] ( Article 2 added by Stats. 1975, Ch. 634. ) ## 3505. The members of the board shall include four physician assistants, one physician and surgeon who is also a member of the Medical Board of California, and four public members. Upon the expiration of the term of the member who is a member of the Medical Board of California, that position shall be filled by a physician assistant. Upon the expiration of the term of the member who is a member of the Medical Board of California, above, there shall be appointed to the board a physician and surgeon who is also a member of the Medical Board of California who shall serve as an ex officio, nonvoting member and whose functions shall include reporting to the Medical Board of California on the actions or discussions of the board. Following the expiration of the term of the member described above, the board shall include five physician assistants, one physician and surgeon, and four public members. Each member of the board shall hold office for a term of four years expiring on January 1st, and shall serve until the appointment and qualification of a successor or until one year shall have elapsed since the expiration of the term for which the member was appointed, whichever first occurs. No member shall serve for more than two consecutive terms. Vacancies shall be filled by appointment for the unexpired terms. The Governor shall appoint the licensed members qualified as provided in this section and two public members. The Senate Rules Committee and the Speaker of the Assembly shall each appoint a public member. (Amended by Stats. 2012, Ch. 332, Sec. 33. (SB 1236) Effective January 1, 2013.)
  71. 3506.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 7.7. Physician Assistants [3500 - 3545] ( Heading of Chapter 7.7 amended by Stats. 1992, Ch. 427, Sec. 5. ) ## ARTICLE 2. Administration [3504 - 3511] ( Article 2 added by Stats. 1975, Ch. 634. )

    Verify source ↗

    Each board member must receive a per diem and expenses under Section 103.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 7.7. Physician Assistants [3500 - 3545] ( Heading of Chapter 7.7 amended by Stats. 1992, Ch. 427, Sec. 5. ) ## ARTICLE 2. Administration [3504 - 3511] ( Article 2 added by Stats. 1975, Ch. 634. ) ## 3506. Each member of the board shall receive a per diem and expenses as provided in Section 103. (Amended by Stats. 2012, Ch. 332, Sec. 34. (SB 1236) Effective January 1, 2013.)
  72. 3507.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 7.7. Physician Assistants [3500 - 3545] ( Heading of Chapter 7.7 amended by Stats. 1992, Ch. 427, Sec. 5. ) ## ARTICLE 2. Administration [3504 - 3511] ( Article 2 added by Stats. 1975, Ch. 634. )

    Verify source ↗

    The appointing power may remove any board member, subject to Section 106.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 7.7. Physician Assistants [3500 - 3545] ( Heading of Chapter 7.7 amended by Stats. 1992, Ch. 427, Sec. 5. ) ## ARTICLE 2. Administration [3504 - 3511] ( Article 2 added by Stats. 1975, Ch. 634. ) ## 3507. The appointing power has power to remove from office any member of the board, as provided in Section 106. (Amended by Stats. 2012, Ch. 332, Sec. 35. (SB 1236) Effective January 1, 2013.)
  73. 3508.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 7.7. Physician Assistants [3500 - 3545] ( Heading of Chapter 7.7 amended by Stats. 1992, Ch. 427, Sec. 5. ) ## ARTICLE 2. Administration [3504 - 3511] ( Article 2 added by Stats. 1975, Ch. 634. )

    Verify source ↗

    The board may meet when it considers necessary, but it must give advance notice of meetings and needs the director’s permission to meet more than six times a year.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 7.7. Physician Assistants [3500 - 3545] ( Heading of Chapter 7.7 amended by Stats. 1992, Ch. 427, Sec. 5. ) ## ARTICLE 2. Administration [3504 - 3511] ( Article 2 added by Stats. 1975, Ch. 634. ) ## 3508. (a) The board may convene from time to time as deemed necessary by the board. (b) Notice of each meeting of the board shall be given at least two weeks in advance to those persons and organizations who express an interest in receiving notification. (c) The board shall receive permission of the director to meet more than six times annually. The director shall approve meetings that are necessary for the board to fulfill its legal responsibilities. (Amended by Stats. 2012, Ch. 332, Sec. 36. (SB 1236) Effective January 1, 2013.)
  74. 3509.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 7.7. Physician Assistants [3500 - 3545] ( Heading of Chapter 7.7 amended by Stats. 1992, Ch. 427, Sec. 5. ) ## ARTICLE 2. Administration [3504 - 3511] ( Article 2 added by Stats. 1975, Ch. 634. )

    Verify source ↗

    The board must set licensing standards, issue physician assistant licenses to qualified applicants, and require examinations for applicants who meet the chapter’s requirements.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 7.7. Physician Assistants [3500 - 3545] ( Heading of Chapter 7.7 amended by Stats. 1992, Ch. 427, Sec. 5. ) ## ARTICLE 2. Administration [3504 - 3511] ( Article 2 added by Stats. 1975, Ch. 634. ) ## 3509. It shall be the duty of the board to: (a) Establish standards for, and issue licenses to, applicants qualifying for licensure under this chapter as a physician assistant. (b) Require the examination of applicants for licensure as a physician assistant who meet the requirements of this chapter. (Amended by Stats. 2025, Ch. 194, Sec. 12. (AB 1501) Effective January 1, 2026.)
  75. 3509.5.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 7.7. Physician Assistants [3500 - 3545] ( Heading of Chapter 7.7 amended by Stats. 1992, Ch. 427, Sec. 5. ) ## ARTICLE 2. Administration [3504 - 3511] ( Article 2 added by Stats. 1975, Ch. 634. )

    Verify source ↗

    The board must elect a president and a vice president every year from among its members.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 7.7. Physician Assistants [3500 - 3545] ( Heading of Chapter 7.7 amended by Stats. 1992, Ch. 427, Sec. 5. ) ## ARTICLE 2. Administration [3504 - 3511] ( Article 2 added by Stats. 1975, Ch. 634. ) ## 3509.5. The board shall elect annually a president and a vice president from among its members. (Amended by Stats. 2015, Ch. 426, Sec. 33. (SB 800) Effective January 1, 2016.)
  76. 3510.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 7.7. Physician Assistants [3500 - 3545] ( Heading of Chapter 7.7 amended by Stats. 1992, Ch. 427, Sec. 5. ) ## ARTICLE 2. Administration [3504 - 3511] ( Article 2 added by Stats. 1975, Ch. 634. )

    Verify source ↗

    The board may adopt, amend, or repeal regulations needed to carry out this chapter.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 7.7. Physician Assistants [3500 - 3545] ( Heading of Chapter 7.7 amended by Stats. 1992, Ch. 427, Sec. 5. ) ## ARTICLE 2. Administration [3504 - 3511] ( Article 2 added by Stats. 1975, Ch. 634. ) ## 3510. The board may adopt, amend, and repeal regulations as may be necessary to enable it to carry into effect the provisions of this chapter. All regulations shall be in accordance with, and not inconsistent with, the provisions of this chapter. Such regulations shall be adopted, amended, or repealed in accordance with the provisions of 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. 649, Sec. 34. (SB 806) Effective January 1, 2022.)
  77. 3511.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 7.7. Physician Assistants [3500 - 3545] ( Heading of Chapter 7.7 amended by Stats. 1992, Ch. 427, Sec. 5. ) ## ARTICLE 2. Administration [3504 - 3511] ( Article 2 added by Stats. 1975, Ch. 634. )

    Verify source ↗

    The board needs five members for a quorum, and motions need a majority vote of those present.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 7.7. Physician Assistants [3500 - 3545] ( Heading of Chapter 7.7 amended by Stats. 1992, Ch. 427, Sec. 5. ) ## ARTICLE 2. Administration [3504 - 3511] ( Article 2 added by Stats. 1975, Ch. 634. ) ## 3511. Five members shall constitute a quorum for transacting any business. The affirmative vote of a majority of those present at a meeting of the board shall be required to carry any motion. The physician and surgeon who serves as an ex officio member shall not be counted for purposes of a quorum. (Amended by Stats. 2012, Ch. 332, Sec. 40. (SB 1236) Effective January 1, 2013.)
  78. 3513.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 7.7. Physician Assistants [3500 - 3545] ( Heading of Chapter 7.7 amended by Stats. 1992, Ch. 427, Sec. 5. ) ## ARTICLE 3. Certification and Approval [3513 - 3519.5] ( Article 3 added by Stats. 1975, Ch. 634. )

    Verify source ↗

    The board must recognize certain physician assistant training program approvals, including programs approved by a national accrediting organization and programs accredited by a national accrediting agency approved by the board.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 7.7. Physician Assistants [3500 - 3545] ( Heading of Chapter 7.7 amended by Stats. 1992, Ch. 427, Sec. 5. ) ## ARTICLE 3. Certification and Approval [3513 - 3519.5] ( Article 3 added by Stats. 1975, Ch. 634. ) ## 3513. The board shall recognize the approval of training programs for physician assistants approved by a national accrediting organization. Physician assistant training programs accredited by a national accrediting agency approved by the board shall be deemed approved by the board under this section. (Amended by Stats. 2025, Ch. 194, Sec. 13. (AB 1501) Effective January 1, 2026.)
  79. 3514.1.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 7.7. Physician Assistants [3500 - 3545] ( Heading of Chapter 7.7 amended by Stats. 1992, Ch. 427, Sec. 5. ) ## ARTICLE 3. Certification and Approval [3513 - 3519.5] ( Article 3 added by Stats. 1975, Ch. 634. )

    Verify source ↗

    The board must make regulations setting guidelines for how applications for physician assistant licensure are considered.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 7.7. Physician Assistants [3500 - 3545] ( Heading of Chapter 7.7 amended by Stats. 1992, Ch. 427, Sec. 5. ) ## ARTICLE 3. Certification and Approval [3513 - 3519.5] ( Article 3 added by Stats. 1975, Ch. 634. ) ## 3514.1. The board shall formulate by regulation guidelines for the consideration of applications for licensure as a physician assistant. (Amended by Stats. 2025, Ch. 194, Sec. 14. (AB 1501) Effective January 1, 2026.)
  80. 3516.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 7.7. Physician Assistants [3500 - 3545] ( Heading of Chapter 7.7 amended by Stats. 1992, Ch. 427, Sec. 5. ) ## ARTICLE 3. Certification and Approval [3513 - 3519.5] ( Article 3 added by Stats. 1975, Ch. 634. )

    Verify source ↗

    A licensed physician assistant may be employed or supervised only by a physician and surgeon who is not under a disciplinary condition barring that relationship, a physician and surgeon may supervise no more than eight physician assistants at once unless Section 3502.5 provides otherwise, and the Medical Board of California may limit the kinds of physician assistants a physician and surgeon may supervise.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 7.7. Physician Assistants [3500 - 3545] ( Heading of Chapter 7.7 amended by Stats. 1992, Ch. 427, Sec. 5. ) ## ARTICLE 3. Certification and Approval [3513 - 3519.5] ( Article 3 added by Stats. 1975, Ch. 634. ) ## 3516. (a) Notwithstanding any other law, a physician assistant licensed by the board shall be eligible for employment or supervision by a physician and surgeon who is not subject to a disciplinary condition imposed by the Medical Board of California prohibiting that employment or supervision. (b) Except as provided in Section 3502.5, a physician and surgeon shall not supervise more than eight physician assistants at any one time. (c) The Medical Board of California may restrict a physician and surgeon to supervising specific types of physician assistants including, but not limited to, restricting a physician and surgeon from supervising physician assistants outside of the field of specialty of the physician and surgeon. (Amended by Stats. 2025, Ch. 194, Sec. 15. (AB 1501) Effective January 1, 2026.)
  81. 3517.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 7.7. Physician Assistants [3500 - 3545] ( Heading of Chapter 7.7 amended by Stats. 1992, Ch. 427, Sec. 5. ) ## ARTICLE 3. Certification and Approval [3513 - 3519.5] ( Article 3 added by Stats. 1975, Ch. 634. )

    Verify source ↗

    The board must require written examinations for physician assistants and must not approve an applicant unless the applicant first passes an examination, subject to other chapter or regulatory exceptions.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 7.7. Physician Assistants [3500 - 3545] ( Heading of Chapter 7.7 amended by Stats. 1992, Ch. 427, Sec. 5. ) ## ARTICLE 3. Certification and Approval [3513 - 3519.5] ( Article 3 added by Stats. 1975, Ch. 634. ) ## 3517. (a) The board shall require a written examination of physician assistants in the manner and under the rules and regulations as it shall prescribe, but the examination shall be conducted in that manner as to ensure that the identity of each applicant taking the examination will be unknown to all of the examiners until all examination papers have been graded. Except as otherwise provided in this chapter, or by regulation, no physician assistant applicant shall receive approval under this chapter without first successfully passing an examination given under the direction of the board. (b) Examinations for licensure as a physician assistant may be required by the board under a uniform examination system, and for that purpose the board may make those arrangements with organizations furnishing examination material as may, in its discretion, be desirable. The licensure examination for physician assistants shall be held by the board at least once a year with such additional examinations as the board deems necessary. (Amended by Stats. 2021, Ch. 649, Sec. 36. (SB 806) Effective January 1, 2022.)
  82. 3518.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 7.7. Physician Assistants [3500 - 3545] ( Heading of Chapter 7.7 amended by Stats. 1992, Ch. 427, Sec. 5. ) ## ARTICLE 3. Certification and Approval [3513 - 3519.5] ( Article 3 added by Stats. 1975, Ch. 634. )

    Verify source ↗

    The board must keep a current register for licensed physician assistants, and interested people may get a copy by applying to the board and paying an amount set by the board that cannot exceed the cost of the list.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 7.7. Physician Assistants [3500 - 3545] ( Heading of Chapter 7.7 amended by Stats. 1992, Ch. 427, Sec. 5. ) ## ARTICLE 3. Certification and Approval [3513 - 3519.5] ( Article 3 added by Stats. 1975, Ch. 634. ) ## 3518. The board shall keep a current register for licensed PAs, if applicable. The register shall show the name of each licensee, the licensee’s last known address of record, and the date of the licensee’s licensure. Any interested person is entitled to obtain a copy of the register in accordance with 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) upon application to the board together with a sum as may be fixed by the board, which amount shall not exceed the cost of this list so furnished. (Amended by Stats. 2019, Ch. 707, Sec. 9. (SB 697) Effective January 1, 2020.)
  83. 3519.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 7.7. Physician Assistants [3500 - 3545] ( Heading of Chapter 7.7 amended by Stats. 1992, Ch. 427, Sec. 5. ) ## ARTICLE 3. Certification and Approval [3513 - 3519.5] ( Article 3 added by Stats. 1975, Ch. 634. )

    Verify source ↗

    The board must issue a license to physician assistant applicants who meet all listed requirements.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 7.7. Physician Assistants [3500 - 3545] ( Heading of Chapter 7.7 amended by Stats. 1992, Ch. 427, Sec. 5. ) ## ARTICLE 3. Certification and Approval [3513 - 3519.5] ( Article 3 added by Stats. 1975, Ch. 634. ) ## 3519. The board shall issue a license to all physician assistant applicants who meet all of the following requirements: (a) Provide evidence of successful completion of an approved program. (b) Pass any examination required under Section 3517. (c) Not be subject to denial of licensure under Division 1.5 (commencing with Section 475) or Section 3527. (d) Pay all fees required under Section 3521.1. (Amended by Stats. 2021, Ch. 649, Sec. 37. (SB 806) Effective January 1, 2022.)
  84. 3519.5.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 7.7. Physician Assistants [3500 - 3545] ( Heading of Chapter 7.7 amended by Stats. 1992, Ch. 427, Sec. 5. ) ## ARTICLE 3. Certification and Approval [3513 - 3519.5] ( Article 3 added by Stats. 1975, Ch. 634. )

    Verify source ↗

    The board may issue a probationary license to an applicant with conditions, and it may later modify or end those conditions if the licensee petitions it.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 7.7. Physician Assistants [3500 - 3545] ( Heading of Chapter 7.7 amended by Stats. 1992, Ch. 427, Sec. 5. ) ## ARTICLE 3. Certification and Approval [3513 - 3519.5] ( Article 3 added by Stats. 1975, Ch. 634. ) ## 3519.5. (a) The board may issue a probationary license to an applicant subject to terms and conditions, including, but not limited to, any of the following conditions of probation: (1) Practice limited to a supervised, structured environment where the applicant’s activities shall be supervised by another physician assistant. (2) Total or partial restrictions on issuing a drug order for controlled substances. (3) Continuing medical or psychiatric treatment. (4) Ongoing participation in a specified rehabilitation program. (5) Enrollment and successful completion of a clinical training program. (6) Abstention from the use of alcohol or drugs. (7) Restrictions against engaging in certain types of medical services. (8) Compliance with all provisions of this chapter. (b) The board may modify or terminate the terms and conditions imposed on the probationary license upon receipt of a petition from the licensee. (c) Enforcement and monitoring of the probationary conditions shall be under the jurisdiction of the board. These proceedings shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code. (Amended by Stats. 2021, Ch. 649, Sec. 38. (SB 806) Effective January 1, 2022.)
  85. 3520.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 7.7. Physician Assistants [3500 - 3545] ( Heading of Chapter 7.7 amended by Stats. 1992, Ch. 427, Sec. 5. ) ## ARTICLE 4. Revenue [3520 - 3526] ( Article 4 added by Stats. 1975, Ch. 634. )

    Verify source ↗

    The board must report monthly collections information to the Controller and pay those sums into the State Treasury within 10 days after each calendar month begins.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 7.7. Physician Assistants [3500 - 3545] ( Heading of Chapter 7.7 amended by Stats. 1992, Ch. 427, Sec. 5. ) ## ARTICLE 4. Revenue [3520 - 3526] ( Article 4 added by Stats. 1975, Ch. 634. ) ## 3520. Within 10 days after the beginning of each calendar month, the board shall report to the Controller the amount and source of all collections made under this chapter and at the same time pay all those sums into the State Treasury, where they shall be credited to the Physician Assistant Fund, which fund is hereby created. All money in the fund shall be available, upon appropriation of the Legislature, to carry out the purpose of this chapter. (Amended by Stats. 2022, Ch. 511, Sec. 16. (SB 1495) Effective January 1, 2023.)
  86. 3521.1.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 7.7. Physician Assistants [3500 - 3545] ( Heading of Chapter 7.7 amended by Stats. 1992, Ch. 427, Sec. 5. ) ## ARTICLE 4. Revenue [3520 - 3526] ( Article 4 added by Stats. 1975, Ch. 634. )

    Verify source ↗

    The board sets specified fees for physician assistants, including application, licensing, renewal, delinquency, duplicate license, and certification-letter fees.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 7.7. Physician Assistants [3500 - 3545] ( Heading of Chapter 7.7 amended by Stats. 1992, Ch. 427, Sec. 5. ) ## ARTICLE 4. Revenue [3520 - 3526] ( Article 4 added by Stats. 1975, Ch. 634. ) ## 3521.1. The fees to be paid by physician assistants are to be set by the board as follows: (a) An application fee charged to each physician assistant applicant shall be sixty dollars ($60) and may be increased to not more than eighty dollars ($80). (b) An initial license fee charged to each physician assistant to whom a license is issued shall be two hundred fifty dollars ($250) and may be increased to not more than five hundred dollars ($500). (c) A biennial license renewal fee charged to each physician assistant who holds a license shall be three hundred dollars ($300) and may be increased to not more than five hundred dollars ($500). (d) The delinquency fee is seventy-five dollars ($75). (e) The duplicate license fee is ten dollars ($10). (f) The fee for a letter of endorsement, letter of good standing, or letter of verification of licensure shall be fifty dollars ($50). (Amended by Stats. 2025, Ch. 194, Sec. 16. (AB 1501) Effective January 1, 2026.)
  87. 3521.3.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 7.7. Physician Assistants [3500 - 3545] ( Heading of Chapter 7.7 amended by Stats. 1992, Ch. 427, Sec. 5. ) ## ARTICLE 4. Revenue [3520 - 3526] ( Article 4 added by Stats. 1975, Ch. 634. )

    Verify source ↗

    The board may create a retired-status license system for eligible physician assistants and can exempt such licenses from renewal, but it must deny retired-status applications in specified disqualifying cases.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 7.7. Physician Assistants [3500 - 3545] ( Heading of Chapter 7.7 amended by Stats. 1992, Ch. 427, Sec. 5. ) ## ARTICLE 4. Revenue [3520 - 3526] ( Article 4 added by Stats. 1975, Ch. 634. ) ## 3521.3. (a) The board may establish, by regulation, a system for the placement of a license on a retired status, upon application, for a physician assistant who is not actively engaged in practice as a physician assistant or any activity that requires them to be licensed by the board. (b) No licensee with a license on a retired status shall engage in any activity for which a license is required. (c) The board shall deny an applicant’s application for a retired status license if the license is canceled or if the license is suspended, revoked, or otherwise punitively restricted by the board or subject to disciplinary action under this chapter. (d) Beginning one year from the effective date of the regulations adopted pursuant to subdivision (a), if an applicant’s license is delinquent, the board shall deny an applicant’s application for a retired status license. (e) The board shall establish minimum qualifications for a retired status license. (f) The board may exempt the holder of a retired status license from the renewal requirements described in Section 3524.5. (g) The board shall establish minimum qualifications for the restoration of a license in a retired status to an active status. These minimum qualifications shall include, but are not limited to, continuing education and payment of a fee as provided in subdivision (c) of Section 3521.1. (Added by Stats. 2012, Ch. 332, Sec. 54. (SB 1236) Effective January 1, 2013.)
  88. 3523.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 7.7. Physician Assistants [3500 - 3545] ( Heading of Chapter 7.7 amended by Stats. 1992, Ch. 427, Sec. 5. ) ## ARTICLE 4. Revenue [3520 - 3526] ( Article 4 added by Stats. 1975, Ch. 634. )

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    Physician assistant licenses expire at a set time unless renewed, and renewal requires filing the form with the prescribed fee on or before expiration.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 7.7. Physician Assistants [3500 - 3545] ( Heading of Chapter 7.7 amended by Stats. 1992, Ch. 427, Sec. 5. ) ## ARTICLE 4. Revenue [3520 - 3526] ( Article 4 added by Stats. 1975, Ch. 634. ) ## 3523. All physician assistant licenses shall expire at 12 midnight of the last day of the birth month of the licensee during the second year of a two-year term if not renewed. The board shall establish by regulation procedures for the administration of a birthdate renewal program, including, but not limited to, the establishment of a system of staggered license expiration dates and a pro rata formula for the payment of renewal fees by physician assistants affected by the implementation of the program. To renew an unexpired license, the licensee shall, on or before the date of expiration of the license, apply for renewal on an electronic form, or other form, provided by the board, accompanied by the prescribed renewal fee. Each application form shall contain a legal verification by the applicant certifying under penalty of perjury that the information provided by the applicant is true and correct. (Amended by Stats. 2025, Ch. 194, Sec. 18. (AB 1501) Effective January 1, 2026.)
  89. 3524.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 7.7. Physician Assistants [3500 - 3545] ( Heading of Chapter 7.7 amended by Stats. 1992, Ch. 427, Sec. 5. ) ## ARTICLE 4. Revenue [3520 - 3526] ( Article 4 added by Stats. 1975, Ch. 634. )

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    An expired license or approval may be renewed within five years if the holder files a renewal application on the board’s form and pays all renewal fees; if renewal is more than 30 days late, any delinquency fee must also be paid.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 7.7. Physician Assistants [3500 - 3545] ( Heading of Chapter 7.7 amended by Stats. 1992, Ch. 427, Sec. 5. ) ## ARTICLE 4. Revenue [3520 - 3526] ( Article 4 added by Stats. 1975, Ch. 634. ) ## 3524. A license or approval that has expired may be renewed at any time within five years after its expiration by filing an application for renewal on a form prescribed by the board and payment of all accrued and unpaid renewal fees. If the license or approval is not renewed within 30 days after its expiration, the licensed physician assistant and approved supervising physician, as a condition precedent to renewal, shall also pay the prescribed delinquency fee, if any. Renewal under this section shall be effective on the date on which the application is filed, on the date on which all renewal fees are paid, or on the date on which the delinquency fee, if any, is paid, whichever occurs last. If so renewed, the license shall continue in effect through the expiration date provided in Section 3522 or 3523 which next occurs after the effective date of the renewal, when it shall expire, if it is not again renewed. (Amended by Stats. 2021, Ch. 649, Sec. 40. (SB 806) Effective January 1, 2022.)
  90. 3524.5.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 7.7. Physician Assistants [3500 - 3545] ( Heading of Chapter 7.7 amended by Stats. 1992, Ch. 427, Sec. 5. ) ## ARTICLE 4. Revenue [3520 - 3526] ( Article 4 added by Stats. 1975, Ch. 634. )

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    The board may require continuing education for license renewal, but it cannot require more than 50 hours every two years and must include implicit-bias curriculum rules for continuing education courses.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 7.7. Physician Assistants [3500 - 3545] ( Heading of Chapter 7.7 amended by Stats. 1992, Ch. 427, Sec. 5. ) ## ARTICLE 4. Revenue [3520 - 3526] ( Article 4 added by Stats. 1975, Ch. 634. ) ## 3524.5. (a) The board may require a licensee to complete continuing education as a condition of license renewal under Section 3523 or 3524. The board shall not require more than 50 hours of continuing education every two years. The board shall, as it deems appropriate, accept certification by the National Commission on Certification of Physician Assistants (NCCPA), or another qualified certifying body, as determined by the board, as evidence of compliance with continuing education requirements. (b) (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). (3) Beginning January 1, 2023, the board shall audit continuing education providers at least once every five years to ensure adherence to regulatory requirements, and shall withhold or rescind approval from any provider that is in violation of the regulatory requirements. (c) Notwithstanding the provisions of subdivision (b), 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 physician assistants. (d) 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 physician assistants, 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. (e) (1) In determining its continuing education requirements, the board shall consider including a course in menopausal mental or physical health. (2) In determining its continuing education requirements, the board shall consider including a course in maternal mental health. (Amended by Stats. 2024, Ch. 836, Sec. 3.5. (AB 2581) Effective January 1, 2025.)
  91. 3524.6.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 7.7. Physician Assistants [3500 - 3545] ( Heading of Chapter 7.7 amended by Stats. 1992, Ch. 427, Sec. 5. ) ## ARTICLE 4. Revenue [3520 - 3526] ( Article 4 added by Stats. 1975, Ch. 634. )

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    Some physician assistants must spend at least 20% of mandatory continuing education hours on geriatric, dementia, or older-patient care topics if they provide primary care to a patient population that is over 25% age 65 or older.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 7.7. Physician Assistants [3500 - 3545] ( Heading of Chapter 7.7 amended by Stats. 1992, Ch. 427, Sec. 5. ) ## ARTICLE 4. Revenue [3520 - 3526] ( Article 4 added by Stats. 1975, Ch. 634. ) ## 3524.6. A physician assistant who provides primary care to a patient population of which over 25 percent are 65 years of age or older shall complete at least 20 percent of all mandatory continuing education hours in a course in the field of geriatric medicine, the special care needs of patients with dementia, or the care of older patients. (Added by Stats. 2024, Ch. 336, Sec. 3. (SB 639) Effective January 1, 2025.)
  92. 3524.65.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 7.7. Physician Assistants [3500 - 3545] ( Heading of Chapter 7.7 amended by Stats. 1992, Ch. 427, Sec. 5. ) ## ARTICLE 4. Revenue [3520 - 3526] ( Article 4 added by Stats. 1975, Ch. 634. )

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    Starting July 1, 2027, qualifying physician assistants may count two hours of credit toward Section 3524.5 for each hour of approved continuing education in perimenopause, menopause, or postmenopausal care, up to eight hours.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 7.7. Physician Assistants [3500 - 3545] ( Heading of Chapter 7.7 amended by Stats. 1992, Ch. 427, Sec. 5. ) ## ARTICLE 4. Revenue [3520 - 3526] ( Article 4 added by Stats. 1975, Ch. 634. ) ## 3524.65. Notwithstanding subdivision (e) of Section 3524.5, beginning July 1, 2027, a physician assistant who provides care to a patient population composed of adult women under 65 years of age who completes one or more continuing education courses in perimenopause, menopause, or postmenopausal care shall receive two hours towards the requirement in Section 3524.5 for each hour of a completed course, not to exceed eight hours. (Added by Stats. 2026, Ch. 27, Sec. 5. (SB 164) Effective June 29, 2026.)
  93. 3524.7.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 7.7. Physician Assistants [3500 - 3545] ( Heading of Chapter 7.7 amended by Stats. 1992, Ch. 427, Sec. 5. ) ## ARTICLE 4. Revenue [3520 - 3526] ( Article 4 added by Stats. 1975, Ch. 634. )

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    The board must consider adding a course on infection-associated chronic conditions when setting continuing education requirements.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 7.7. Physician Assistants [3500 - 3545] ( Heading of Chapter 7.7 amended by Stats. 1992, Ch. 427, Sec. 5. ) ## ARTICLE 4. Revenue [3520 - 3526] ( Article 4 added by Stats. 1975, Ch. 634. ) ## 3524.7. In determining its continuing education requirements, the board shall consider including a course in infection-associated chronic conditions, including, but not limited to, long COVID, as defined by the United States Department of Health and Human Services, myalgic encephalomyelitis, and dysautonomia. (Added by Stats. 2024, Ch. 433, Sec. 4. (AB 3119) Effective January 1, 2025.)
  94. 3525.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 7.7. Physician Assistants [3500 - 3545] ( Heading of Chapter 7.7 amended by Stats. 1992, Ch. 427, Sec. 5. ) ## ARTICLE 4. Revenue [3520 - 3526] ( Article 4 added by Stats. 1975, Ch. 634. )

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    Suspended and revoked licenses can expire; a suspended license must be renewed, and if a license is reinstated after expiration, the holder must pay a reinstatement fee tied to the prior renewal fee.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 7.7. Physician Assistants [3500 - 3545] ( Heading of Chapter 7.7 amended by Stats. 1992, Ch. 427, Sec. 5. ) ## ARTICLE 4. Revenue [3520 - 3526] ( Article 4 added by Stats. 1975, Ch. 634. ) ## 3525. A suspended license is subject to expiration and shall be renewed as provided in this chapter. However, such renewal does not entitle such holder, to practice or otherwise violate the order or judgment by which the license was suspended. A revoked license is subject to expiration as provided in this chapter. If the license is reinstated after expiration, the license holder, as a condition to reinstatement, shall pay a reinstatement fee in an amount equal to the renewal fee in effect on the last preceding regular renewal date before the date on which it is reinstated. (Amended by Stats. 1988, Ch. 1448, Sec. 1.7.)
  95. 3526.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 7.7. Physician Assistants [3500 - 3545] ( Heading of Chapter 7.7 amended by Stats. 1992, Ch. 427, Sec. 5. ) ## ARTICLE 4. Revenue [3520 - 3526] ( Article 4 added by Stats. 1975, Ch. 634. )

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    A person who misses the five-year renewal window for a license or approval cannot renew, reissue, reinstate, or restore it, but may apply for a new license or approval if the listed conditions are met.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 7.7. Physician Assistants [3500 - 3545] ( Heading of Chapter 7.7 amended by Stats. 1992, Ch. 427, Sec. 5. ) ## ARTICLE 4. Revenue [3520 - 3526] ( Article 4 added by Stats. 1975, Ch. 634. ) ## 3526. A person who fails to renew their license or approval within five years after its expiration may not renew it, and it may not be reissued, reinstated, or restored after that time has elapsed, but that person may apply for and obtain a new license or approval if they: (a) Have not committed any acts or crimes constituting grounds for denial of licensure under Division 1.5 (commencing with Section 475). (b) Take and pass the examination, if any, that would be required of them if application for licensure was being made for the first time, or otherwise establishes to the satisfaction of the board that, with due regard for the public interest, they are qualified to practice as a physician assistant. (c) Pay all of the fees that would be required as if application for licensure was being made for the first time. (Amended by Stats. 2024, Ch. 497, Sec. 18. (SB 1526) Effective January 1, 2025.)
  96. 3527.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 7.7. Physician Assistants [3500 - 3545] ( Heading of Chapter 7.7 amended by Stats. 1992, Ch. 427, Sec. 5. ) ## ARTICLE 5. Denial, Suspension and Revocation [3527 - 3531] ( Article 5 added by Stats. 1975, Ch. 634. )

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    The board may discipline PA licenses and approved programs after a hearing, including denial, suspension, revocation, probation, or conditions, and it may require payment of monitoring costs.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 7.7. Physician Assistants [3500 - 3545] ( Heading of Chapter 7.7 amended by Stats. 1992, Ch. 427, Sec. 5. ) ## ARTICLE 5. Denial, Suspension and Revocation [3527 - 3531] ( Article 5 added by Stats. 1975, Ch. 634. ) ## 3527. (a) The board may order the denial of an application for, or the issuance subject to terms and conditions of, or the suspension or revocation of, or the imposition of probationary conditions upon a PA license after a hearing as required in Section 3528 for unprofessional conduct that includes, but is not limited to, a violation of this chapter, a violation of the Medical Practice Act, or a violation of the regulations adopted by the board. (b) The board may order the denial of an application for, or the suspension or revocation of, or the imposition of probationary conditions upon, an approved program after a hearing as required in Section 3528 for a violation of this chapter or the regulations adopted pursuant thereto. (c) The board may order the denial of an application for, or the suspension or revocation of, or the imposition of probationary conditions upon, a PA license, after a hearing as required in Section 3528 for unprofessional conduct that includes, except for good cause, the knowing failure of a licensee 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 Osteopathic Medical Board of California, the Podiatric Medical Board of California, 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. The board shall seek to ensure that licensees are informed of the responsibility of licensees and others to follow infection control guidelines, and of the most recent scientifically recognized safeguards for minimizing the risk of transmission of bloodborne infectious diseases. (d) The board may order the licensee to pay the costs of monitoring the probationary conditions imposed on the license. (e) The expiration, cancellation, forfeiture, or suspension of a PA license by operation of law or by order or decision of the board or a court of law, the placement of a license on a retired status, or the voluntary surrender of a license by a licensee shall not deprive the board of jurisdiction to commence or proceed with any investigation of, or action or disciplinary proceeding against, the licensee or to render a decision suspending or revoking the license. (Amended by Stats. 2021, Ch. 649, Sec. 41. (SB 806) Effective January 1, 2022.)
  97. 3527.5.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 7.7. Physician Assistants [3500 - 3545] ( Heading of Chapter 7.7 amended by Stats. 1992, Ch. 427, Sec. 5. ) ## ARTICLE 5. Denial, Suspension and Revocation [3527 - 3531] ( Article 5 added by Stats. 1975, Ch. 634. )

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    The board may not discipline a physician assistant license solely because of abortion-related conduct covered by this section.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 7.7. Physician Assistants [3500 - 3545] ( Heading of Chapter 7.7 amended by Stats. 1992, Ch. 427, Sec. 5. ) ## ARTICLE 5. Denial, Suspension and Revocation [3527 - 3531] ( Article 5 added by Stats. 1975, Ch. 634. ) ## 3527.5. (a) The board shall not suspend or revoke the license of a physician assistant solely for performing an abortion if the licensee performed the abortion in accordance with the provisions of this chapter and the Reproductive Privacy Act (Article 2.5 (commencing with Section 123460) of Chapter 2 of Part 2 of Division 106 of the Health and Safety Code). (b) Notwithstanding any other law, including, but not limited to, Sections 141, 480, 490, and 3527, the board shall not deny an application for licensure as a physician assistant, or suspend, revoke, or otherwise impose discipline upon a person licensed in this state as a physician assistant under either of the following circumstances: (1) The person is licensed or certified to practice as a physician assistant in another state and was disciplined in that state solely for performing an abortion in that state. (2) The person is licensed or certified to practice as a physician assistant in another state and was convicted in that state for an offense related solely to the performance of an abortion in that state. (Added by Stats. 2023, Ch. 178, Sec. 2. (SB 385) Effective January 1, 2024.)
  98. 3528.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 7.7. Physician Assistants [3500 - 3545] ( Heading of Chapter 7.7 amended by Stats. 1992, Ch. 427, Sec. 5. ) ## ARTICLE 5. Denial, Suspension and Revocation [3527 - 3531] ( Article 5 added by Stats. 1975, Ch. 634. )

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    Proceedings to deny, suspend, or revoke a physician assistant license or an approved program approval must follow Government Code Chapter 5 procedures.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 7.7. Physician Assistants [3500 - 3545] ( Heading of Chapter 7.7 amended by Stats. 1992, Ch. 427, Sec. 5. ) ## ARTICLE 5. Denial, Suspension and Revocation [3527 - 3531] ( Article 5 added by Stats. 1975, Ch. 634. ) ## 3528. Any proceedings involving the denial, suspension, or revocation of the application for licensure or the license of a PA or the application for approval or the approval of an approved program under this chapter shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code. (Amended by Stats. 2019, Ch. 707, Sec. 13. (SB 697) Effective January 1, 2020.)
  99. 3529.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 7.7. Physician Assistants [3500 - 3545] ( Heading of Chapter 7.7 amended by Stats. 1992, Ch. 427, Sec. 5. ) ## ARTICLE 5. Denial, Suspension and Revocation [3527 - 3531] ( Article 5 added by Stats. 1975, Ch. 634. )

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    The board or the Medical Board of California may hear certain Section 3527 matters themselves or send them to a hearing officer.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 7.7. Physician Assistants [3500 - 3545] ( Heading of Chapter 7.7 amended by Stats. 1992, Ch. 427, Sec. 5. ) ## ARTICLE 5. Denial, Suspension and Revocation [3527 - 3531] ( Article 5 added by Stats. 1975, Ch. 634. ) ## 3529. The board may hear any matters filed pursuant to subdivisions (a) and (b) of Section 3527, or may assign the matter to a hearing officer. The Medical Board of California may hear any matters filed pursuant to subdivision (c) of Section 3527, or may assign the matter to a hearing officer. If a matter is heard by the board or the Medical Board of California, the hearing officer who presided at the hearing shall be present during the board’s or the Medical Board of California’s consideration of the case, and, if requested, assist and advise the board or the Medical Board of California. (Amended by Stats. 2012, Ch. 332, Sec. 62. (SB 1236) Effective January 1, 2013.)
  100. 3530.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 7.7. Physician Assistants [3500 - 3545] ( Heading of Chapter 7.7 amended by Stats. 1992, Ch. 427, Sec. 5. ) ## ARTICLE 5. Denial, Suspension and Revocation [3527 - 3531] ( Article 5 added by Stats. 1975, Ch. 634. )

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    Some disciplined license holders may petition the board for reinstatement or penalty modification after waiting the required minimum period, and the petition must include required facts and two verified physician recommendations.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 7.7. Physician Assistants [3500 - 3545] ( Heading of Chapter 7.7 amended by Stats. 1992, Ch. 427, Sec. 5. ) ## ARTICLE 5. Denial, Suspension and Revocation [3527 - 3531] ( Article 5 added by Stats. 1975, Ch. 634. ) ## 3530. (a) A person whose license or approval 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 of probation of three years or more. (3) At least one year for modification of a condition, or reinstatement of a license or approval revoked for mental or physical illness, 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 physicians licensed either by the Medical Board of California or the Osteopathic Medical 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 administrative law judge finds necessary. (e) The board or administrative law judge, when hearing a petition for reinstating a license or approval 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 person. The board may deny, without a hearing or argument, any petition filed pursuant to this section within a period of two years from the effective date of the prior decision following a hearing under this section. (g) Nothing in this section shall be deemed to alter Sections 822 and 823. (Amended by Stats. 2021, Ch. 649, Sec. 42. (SB 806) Effective January 1, 2022.)
  101. 3531.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 7.7. Physician Assistants [3500 - 3545] ( Heading of Chapter 7.7 amended by Stats. 1992, Ch. 427, Sec. 5. ) ## ARTICLE 5. Denial, Suspension and Revocation [3527 - 3531] ( Article 5 added by Stats. 1975, Ch. 634. )

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    The board may suspend or revoke a license, and it must refuse to issue a license once the specified conviction-related conditions are met.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 7.7. Physician Assistants [3500 - 3545] ( Heading of Chapter 7.7 amended by Stats. 1992, Ch. 427, Sec. 5. ) ## ARTICLE 5. Denial, Suspension and Revocation [3527 - 3531] ( Article 5 added by Stats. 1975, Ch. 634. ) ## 3531. A plea or verdict of guilty or a conviction following a plea of nolo contendere made to a charge of a felony or of any offense that is substantially related to the qualifications, functions, or duties of the business or profession to which the license was issued is deemed to be a conviction within the meaning of this chapter. The board may order the license suspended or revoked, or shall decline to issue a license when the time for appeal has elapsed, or the judgment of conviction has been affirmed on appeal or when an order granting probation is made suspending the imposition of sentence, irrespective of a subsequent order under Section 1203.4 of the Penal Code allowing that person to withdraw their plea of guilty and to enter a plea of not guilty, or setting aside the verdict of guilty, or dismissing the accusation, information, or indictment. (Amended by Stats. 2024, Ch. 497, Sec. 19. (SB 1526) Effective January 1, 2025.)
  102. 3532.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 7.7. Physician Assistants [3500 - 3545] ( Heading of Chapter 7.7 amended by Stats. 1992, Ch. 427, Sec. 5. ) ## ARTICLE 6. Penalties [3532 - 3533] ( Article 6 added by Stats. 1975, Ch. 634. )

    Verify source ↗

    A person who violates certain Physician Assistant sections is guilty of a misdemeanor and may be punished by up to six months in county jail, a fine up to $1,000, or both.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 7.7. Physician Assistants [3500 - 3545] ( Heading of Chapter 7.7 amended by Stats. 1992, Ch. 427, Sec. 5. ) ## ARTICLE 6. Penalties [3532 - 3533] ( Article 6 added by Stats. 1975, Ch. 634. ) ## 3532. Any person who violates Section 3502, 3503, 3515, or 3516 shall be guilty of a misdemeanor punishable by imprisonment in the county jail not exceeding six months, or by a fine not exceeding one thousand dollars ($1,000), or by both. (Amended by Stats. 1983, Ch. 1092, Sec. 13. Effective September 27, 1983. Operative January 1, 1984, by Sec. 427 of Ch. 1092.)
  103. 3533.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 7.7. Physician Assistants [3500 - 3545] ( Heading of Chapter 7.7 amended by Stats. 1992, Ch. 427, Sec. 5. ) ## ARTICLE 6. Penalties [3532 - 3533] ( Article 6 added by Stats. 1975, Ch. 634. )

    Verify source ↗

    If someone commits an offense against this chapter, the board may ask a superior court to issue an injunction or similar order to stop the conduct.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 7.7. Physician Assistants [3500 - 3545] ( Heading of Chapter 7.7 amended by Stats. 1992, Ch. 427, Sec. 5. ) ## ARTICLE 6. Penalties [3532 - 3533] ( Article 6 added by Stats. 1975, Ch. 634. ) ## 3533. Whenever any person has engaged in any act or practice which constitutes an offense against this chapter, the superior court of any county, on application of the board, may issue an injunction or other appropriate order restraining such conduct. Proceedings under this section shall be governed by Chapter 3 (commencing with Section 525) of Title 7 of Part 2 of the Code of Civil Procedure. The board may commence action in the superior court under the provisions of this section. (Amended by Stats. 2021, Ch. 649, Sec. 43. (SB 806) Effective January 1, 2022.)
  104. 3534.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 7.7. Physician Assistants [3500 - 3545] ( Heading of Chapter 7.7 amended by Stats. 1992, Ch. 427, Sec. 5. ) ## ARTICLE 6.5. Diversion of Impaired Physician Assistants [3534 - 3534.10] ( Article 6.5 added by Stats. 1988, Ch. 385, Sec. 2. )

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    The board is to find ways to identify and rehabilitate physician assistants whose competency is impaired by dangerous drugs or alcohol.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 7.7. Physician Assistants [3500 - 3545] ( Heading of Chapter 7.7 amended by Stats. 1992, Ch. 427, Sec. 5. ) ## ARTICLE 6.5. Diversion of Impaired Physician Assistants [3534 - 3534.10] ( Article 6.5 added by Stats. 1988, Ch. 385, Sec. 2. ) ## 3534. It is the intent of the Legislature that the board shall seek ways and means to identify and rehabilitate physician 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 medicine in a manner which will not endanger the public health and safety. (Amended by Stats. 2012, Ch. 332, Sec. 66. (SB 1236) Effective January 1, 2013.)
  105. 3534.1.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 7.7. Physician Assistants [3500 - 3545] ( Heading of Chapter 7.7 amended by Stats. 1992, Ch. 427, Sec. 5. ) ## ARTICLE 6.5. Diversion of Impaired Physician Assistants [3534 - 3534.10] ( Article 6.5 added by Stats. 1988, Ch. 385, Sec. 2. )

    Verify source ↗

    The board must run a diversion program for impaired physician assistants and may use contracts or committees to help.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 7.7. Physician Assistants [3500 - 3545] ( Heading of Chapter 7.7 amended by Stats. 1992, Ch. 427, Sec. 5. ) ## ARTICLE 6.5. Diversion of Impaired Physician Assistants [3534 - 3534.10] ( Article 6.5 added by Stats. 1988, Ch. 385, Sec. 2. ) ## 3534.1. The board shall establish and administer a diversion program for the rehabilitation of physician 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 diversion evaluation committees to assist it in carrying out its duties under this article. As used in this article, “committee” means a diversion evaluation committee. A committee created under this article operates under the direction of the diversion 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. 2012, Ch. 332, Sec. 67. (SB 1236) Effective January 1, 2013.)
  106. 3534.10.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 7.7. Physician Assistants [3500 - 3545] ( Heading of Chapter 7.7 amended by Stats. 1992, Ch. 427, Sec. 5. ) ## ARTICLE 6.5. Diversion of Impaired Physician Assistants [3534 - 3534.10] ( Article 6.5 added by Stats. 1988, Ch. 385, Sec. 2. )

    Verify source ↗

    A physician assistant’s participation in a diversion program is not a defense to board discipline, and the board may begin disciplinary action if the assistant 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 7.7. Physician Assistants [3500 - 3545] ( Heading of Chapter 7.7 amended by Stats. 1992, Ch. 427, Sec. 5. ) ## ARTICLE 6.5. Diversion of Impaired Physician Assistants [3534 - 3534.10] ( Article 6.5 added by Stats. 1988, Ch. 385, Sec. 2. ) ## 3534.10. Participation in a diversion program shall not be a defense to any disciplinary action which may be taken by the board. This section does not preclude the board from commencing disciplinary action against a physician assistant who is terminated unsuccessfully from the program under this section. That disciplinary action may not include as evidence any confidential information. (Amended by Stats. 2012, Ch. 332, Sec. 75. (SB 1236) Effective January 1, 2013.)
  107. 3534.2.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 7.7. Physician Assistants [3500 - 3545] ( Heading of Chapter 7.7 amended by Stats. 1992, Ch. 427, Sec. 5. ) ## ARTICLE 6.5. Diversion of Impaired Physician Assistants [3534 - 3534.10] ( Article 6.5 added by Stats. 1988, Ch. 385, Sec. 2. )

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    Committees established by the board must have at least three members, elect a chairperson and vice chairperson, and follow voting and closed-session rules. The board must consider certain types of appointees, and committee members are entitled to per diem and expense reimbursement.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 7.7. Physician Assistants [3500 - 3545] ( Heading of Chapter 7.7 amended by Stats. 1992, Ch. 427, Sec. 5. ) ## ARTICLE 6.5. Diversion of Impaired Physician Assistants [3534 - 3534.10] ( Article 6.5 added by Stats. 1988, Ch. 385, Sec. 2. ) ## 3534.2. (a) Any committee established by the board shall have at least three members. In making appointments to a committee the board shall consider the appointments of persons who are either recovering of substance abuse and have been free from 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 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 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 committee shall elect from its membership a chairperson and a vice chairperson. Notwithstanding 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 committee may convene in closed session to consider matters relating to any physician assistant applying for or participating in a diversion program, and a meeting which will be convened entirely in closed session need not comply with Section 11125 of the Government Code. A 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 committee shall receive a per diem and shall be reimbursed for expenses as provided in Section 103. (Amended by Stats. 2012, Ch. 332, Sec. 68. (SB 1236) Effective January 1, 2013.)
  108. 3534.3.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 7.7. Physician Assistants [3500 - 3545] ( Heading of Chapter 7.7 amended by Stats. 1992, Ch. 427, Sec. 5. ) ## ARTICLE 6.5. Diversion of Impaired Physician Assistants [3534 - 3534.10] ( Article 6.5 added by Stats. 1988, Ch. 385, Sec. 2. )

    Verify source ↗

    Each committee must carry out specified duties for the diversion program, including reviewing physician assistants, designating treatment facilities, preparing written diversion agreement terms, and holding public meetings at least twice a year.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 7.7. Physician Assistants [3500 - 3545] ( Heading of Chapter 7.7 amended by Stats. 1992, Ch. 427, Sec. 5. ) ## ARTICLE 6.5. Diversion of Impaired Physician Assistants [3534 - 3534.10] ( Article 6.5 added by Stats. 1988, Ch. 385, Sec. 2. ) ## 3534.3. Each committee has the following duties and responsibilities: (a) To evaluate physician assistants who request participation in the program and to make recommendations to the program manager. In making recommendations, a committee shall consider any recommendations from professional consultants on the admission of applicants to the diversion program. (b) To review and designate treatment facilities to which physician assistants in the diversion program may be referred, and to make recommendations to the program manager. (c) The receipt and review of information concerning physician assistants participating in the program. (d) To call meetings as necessary to consider the requests of physician assistants to participate in the diversion 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 diversion program may with safety continue or resume the practice of medicine. (f) To set forth in writing the terms and conditions of the diversion agreement that is approved by the program manager for each physician 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 diversion program’s progress, to prepare reports to be submitted to the board, and to suggest proposals for changes in the diversion program. (h) For the purposes of Division 3.6 (commencing with Section 810) of Title 1 of the Government Code, any member of a committee shall be considered a public employee. No board or 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. 2012, Ch. 332, Sec. 69. (SB 1236) Effective January 1, 2013.)
  109. 3534.4.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 7.7. Physician Assistants [3500 - 3545] ( Heading of Chapter 7.7 amended by Stats. 1992, Ch. 427, Sec. 5. ) ## ARTICLE 6.5. Diversion of Impaired Physician Assistants [3534 - 3534.10] ( Article 6.5 added by Stats. 1988, Ch. 385, Sec. 2. )

    Verify source ↗

    A physician assistant can be accepted into the diversion program only if the applicant meets the listed criteria, and the board, program manager, or committee may deny participation based on benefit or public-safety risk.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 7.7. Physician Assistants [3500 - 3545] ( Heading of Chapter 7.7 amended by Stats. 1992, Ch. 427, Sec. 5. ) ## ARTICLE 6.5. Diversion of Impaired Physician Assistants [3534 - 3534.10] ( Article 6.5 added by Stats. 1988, Ch. 385, Sec. 2. ) ## 3534.4. (a) Criteria for acceptance into the diversion program shall include all of the following: (1) The applicant shall be licensed as a physician 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 their ability to practice medicine 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 them. (b) An applicant may be denied participation in the program if the board, the program manager, or a 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. (Amended by Stats. 2024, Ch. 497, Sec. 20. (SB 1526) Effective January 1, 2025.)
  110. 3534.5.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 7.7. Physician Assistants [3500 - 3545] ( Heading of Chapter 7.7 amended by Stats. 1992, Ch. 427, Sec. 5. ) ## ARTICLE 6.5. Diversion of Impaired Physician Assistants [3534 - 3534.10] ( Article 6.5 added by Stats. 1988, Ch. 385, Sec. 2. )

    Verify source ↗

    Physician assistants who ask to join a diversion program must cooperate with the recovery program, and the board must tell participants how the program works and what can happen if they do not comply.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 7.7. Physician Assistants [3500 - 3545] ( Heading of Chapter 7.7 amended by Stats. 1992, Ch. 427, Sec. 5. ) ## ARTICLE 6.5. Diversion of Impaired Physician Assistants [3534 - 3534.10] ( Article 6.5 added by Stats. 1988, Ch. 385, Sec. 2. ) ## 3534.5. (a) 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 them. (3) The participant fails to meet any of the criteria set forth in paragraph (4). (4) It is determined that the participant has not substantially benefited from participation in the program or that their continued participation in the program creates too great a risk to the public health, safety, or welfare. (b) 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 medicine by that individual creates too great a risk to the public health and safety, 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. (c) Each physician assistant who requests participation in a diversion program shall agree to cooperate with the recovery program designed for them. Any failure to comply with that program may result in termination of participation in the program. (d) The board shall inform each participant in the program of the procedures followed in the program, of the rights and responsibilities of a physician assistant in the program, and the possible results of noncompliance with the program. (Amended by Stats. 2024, Ch. 497, Sec. 21. (SB 1526) Effective January 1, 2025.)
  111. 3534.6.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 7.7. Physician Assistants [3500 - 3545] ( Heading of Chapter 7.7 amended by Stats. 1992, Ch. 427, Sec. 5. ) ## ARTICLE 6.5. Diversion of Impaired Physician Assistants [3534 - 3534.10] ( Article 6.5 added by Stats. 1988, Ch. 385, Sec. 2. )

    Verify source ↗

    The board may add more regulatory criteria for admission to the program or additional causes for termination.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 7.7. Physician Assistants [3500 - 3545] ( Heading of Chapter 7.7 amended by Stats. 1992, Ch. 427, Sec. 5. ) ## ARTICLE 6.5. Diversion of Impaired Physician Assistants [3534 - 3534.10] ( Article 6.5 added by Stats. 1988, Ch. 385, Sec. 2. ) ## 3534.6. In addition to the criteria and causes set forth in Section 3534.4, 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. 2012, Ch. 332, Sec. 72. (SB 1236) Effective January 1, 2013.)
  112. 3534.7.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 7.7. Physician Assistants [3500 - 3545] ( Heading of Chapter 7.7 amended by Stats. 1992, Ch. 427, Sec. 5. ) ## ARTICLE 6.5. Diversion of Impaired Physician Assistants [3534 - 3534.10] ( Article 6.5 added by Stats. 1988, Ch. 385, Sec. 2. )

    Verify source ↗

    Board and committee records, and records of a physician assistant’s participation in a program, 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 7.7. Physician Assistants [3500 - 3545] ( Heading of Chapter 7.7 amended by Stats. 1992, Ch. 427, Sec. 5. ) ## ARTICLE 6.5. Diversion of Impaired Physician Assistants [3534 - 3534.10] ( Article 6.5 added by Stats. 1988, Ch. 385, Sec. 2. ) ## 3534.7. All board and committee records and records of proceedings and participation of a physician assistant in a program shall be confidential and are not subject to discovery or subpoena. (Amended by Stats. 2012, Ch. 332, Sec. 73. (SB 1236) Effective January 1, 2013.)
  113. 3534.8.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 7.7. Physician Assistants [3500 - 3545] ( Heading of Chapter 7.7 amended by Stats. 1992, Ch. 427, Sec. 5. ) ## ARTICLE 6.5. Diversion of Impaired Physician Assistants [3534 - 3534.10] ( Article 6.5 added by Stats. 1988, Ch. 385, Sec. 2. )

    Verify source ↗

    A fee may be charged for participation in the program.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 7.7. Physician Assistants [3500 - 3545] ( Heading of Chapter 7.7 amended by Stats. 1992, Ch. 427, Sec. 5. ) ## ARTICLE 6.5. Diversion of Impaired Physician Assistants [3534 - 3534.10] ( Article 6.5 added by Stats. 1988, Ch. 385, Sec. 2. ) ## 3534.8. A fee may be charged for participation in the program. (Added by Stats. 1988, Ch. 385, Sec. 2.)
  114. 3534.9.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 7.7. Physician Assistants [3500 - 3545] ( Heading of Chapter 7.7 amended by Stats. 1992, Ch. 427, Sec. 5. ) ## ARTICLE 6.5. Diversion of Impaired Physician Assistants [3534 - 3534.10] ( Article 6.5 added by Stats. 1988, Ch. 385, Sec. 2. )

    Verify source ↗

    If the board uses a contractor for this section, the executive officer or program manager must review the contractor’s performance every two years, and the board must review participant files.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 7.7. Physician Assistants [3500 - 3545] ( Heading of Chapter 7.7 amended by Stats. 1992, Ch. 427, Sec. 5. ) ## ARTICLE 6.5. Diversion of Impaired Physician Assistants [3534 - 3534.10] ( Article 6.5 added by Stats. 1988, Ch. 385, Sec. 2. ) ## 3534.9. If the board contracts with any other entity to carry out this section, the executive officer of the board or the program manager 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. (Amended by Stats. 2012, Ch. 332, Sec. 74. (SB 1236) Effective January 1, 2013.)
  115. 3535.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 7.7. Physician Assistants [3500 - 3545] ( Heading of Chapter 7.7 amended by Stats. 1992, Ch. 427, Sec. 5. ) ## ARTICLE 7. Osteopathic Physician Assistants [3535- 3535.] ( Heading of Article 7 amended by Stats. 1994, Ch. 26, Sec. 119. )

    Verify source ↗

    Licensed osteopathic physicians and surgeons may use or employ physician assistants if the assistants are properly graduated, licensed, and working within the approved scope of practice.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 7.7. Physician Assistants [3500 - 3545] ( Heading of Chapter 7.7 amended by Stats. 1992, Ch. 427, Sec. 5. ) ## ARTICLE 7. Osteopathic Physician Assistants [3535- 3535.] ( Heading of Article 7 amended by Stats. 1994, Ch. 26, Sec. 119. ) ## 3535. (a) Notwithstanding any other provision of law, physicians and surgeons licensed by the Osteopathic Medical Board of California may use or employ physician assistants provided (1) each physician assistant so used or employed is a graduate of an approved program and is licensed by the board, and (2) the scope of practice of the physician assistant is the same as that which is approved by the Division of Licensing of the Medical Board of California for physicians and surgeons supervising physician assistants in the same or similar specialty. (b) Any person who violates subdivision (a) shall be guilty of a misdemeanor punishable by imprisonment in a county jail not exceeding six months, or by a fine not exceeding one thousand dollars ($1,000), or by both that imprisonment and fine. (c) This section shall become operative on July 1, 2001. (Amended by Stats. 2012, Ch. 332, Sec. 76. (SB 1236) Effective January 1, 2013.)
  116. 3537.10.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 7.7. Physician Assistants [3500 - 3545] ( Heading of Chapter 7.7 amended by Stats. 1992, Ch. 427, Sec. 5. ) ## ARTICLE 7.5. International Medical Graduate Physician Assistants [3537.10 - 3537.50] ( Article 7.5 added by Stats. 1993, Ch. 1042, Sec. 3. )

    Verify source ↗

    The department must set up and coordinate a training program and advisory task force for international medical graduate physician assistants, and the task force must develop the curriculum and related admission criteria.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 7.7. Physician Assistants [3500 - 3545] ( Heading of Chapter 7.7 amended by Stats. 1992, Ch. 427, Sec. 5. ) ## ARTICLE 7.5. International Medical Graduate Physician Assistants [3537.10 - 3537.50] ( Article 7.5 added by Stats. 1993, Ch. 1042, Sec. 3. ) ## 3537.10. (a) Subject to the other provisions of this article, the Department of Health Care Access and Information, hereafter in this article referred to as the department, shall coordinate the establishment of an international medical graduate physician assistant training program, to be conducted at an appropriate educational institution or institutions. The goal of the program shall be to place as many international medical graduate physician assistants in medically underserved areas as possible in order to provide greater access to care for the growing population of medically indigent and underserved. The method for accomplishing this goal shall be to train foreign medical graduates to become licensed as physician assistants at no cost to the participants in return for a commitment from the participants to serve full time in underserved areas for a four-year period. (b) By February 1, 1994, or one month after federal funds to implement this article become available, whichever occurs later, the department shall establish a training program advisory task force. The task force shall be comprised of representatives from all of the following groups: (1) Physician assistant program directors. (2) Foreign medical graduates. (3) The California Academy of Physician Assistants. (4) Nonprofit community health center directors. (5) Physicians. (6) The board, at the board’s option. The department may, instead, serve solely as a consultant to the task force. (c) The task force shall do all of the following: (1) Develop a recommended curriculum for the training program that shall be from 12 to 15 months in duration and shall, at a minimum, meet curriculum standards consistent with the board’s regulations. The program shall be subject to the board’s approval. By April 1, 1994, or three months after federal funds to implement this article become available, whichever occurs later, the curriculum shall be presented by the department to the Committee on Allied Health Education and Accreditation of the American Medical Association, or its successor organization, for approval. (2) Develop recommended admission criteria for participation in the pilot and ongoing program. (3) Assist in development of linkages with academic institutions for the purpose of monitoring and evaluating the pilot program. (Amended by Stats. 2022, Ch. 511, Sec. 17. (SB 1495) Effective January 1, 2023.)
  117. 3537.15.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 7.7. Physician Assistants [3500 - 3545] ( Heading of Chapter 7.7 amended by Stats. 1992, Ch. 427, Sec. 5. ) ## ARTICLE 7.5. International Medical Graduate Physician Assistants [3537.10 - 3537.50] ( Article 7.5 added by Stats. 1993, Ch. 1042, Sec. 3. )

    Verify source ↗

    The department must start a pilot international medical graduate physician assistant training program before any ongoing program is established, and the task force must select 10 graduates and later evaluate the pilot.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 7.7. Physician Assistants [3500 - 3545] ( Heading of Chapter 7.7 amended by Stats. 1992, Ch. 427, Sec. 5. ) ## ARTICLE 7.5. International Medical Graduate Physician Assistants [3537.10 - 3537.50] ( Article 7.5 added by Stats. 1993, Ch. 1042, Sec. 3. ) ## 3537.15. (a) Before establishing an ongoing international medical graduate physician assistant training program, the Department of Health Care Access and Information shall coordinate the establishment of a pilot program commencing September 1, 1994, or eight months after federal funds to implement this article become available, whichever occurs later, to test the validity and effectiveness of the recommended training curriculum developed by the task force. The task force shall, with the advice and assistance of the academic institutions offering the pilot program curriculum, and subject to their approval, select 10 international medical graduates to participate in the pilot program. (b) After two classes have graduated from the pilot program, the task force, with the advice and assistance of the academic institutions, shall evaluate the results of the pilot program, to determine whether a permanent program should be established. The department may modify curriculum as needed and make appropriate revisions in order to ensure program integrity and compliance with established standards. Any permanent international medical graduate physician assistant training program shall commence at the beginning of the year following the completion of the evaluation. (Amended by Stats. 2022, Ch. 511, Sec. 18. (SB 1495) Effective January 1, 2023.)
  118. 3537.20.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 7.7. Physician Assistants [3500 - 3545] ( Heading of Chapter 7.7 amended by Stats. 1992, Ch. 427, Sec. 5. ) ## ARTICLE 7.5. International Medical Graduate Physician Assistants [3537.10 - 3537.50] ( Article 7.5 added by Stats. 1993, Ch. 1042, Sec. 3. )

    Verify source ↗

    A person who completes the program and meets the listed exam requirements is eligible for licensure as a physician assistant by the board.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 7.7. Physician Assistants [3500 - 3545] ( Heading of Chapter 7.7 amended by Stats. 1992, Ch. 427, Sec. 5. ) ## ARTICLE 7.5. International Medical Graduate Physician Assistants [3537.10 - 3537.50] ( Article 7.5 added by Stats. 1993, Ch. 1042, Sec. 3. ) ## 3537.20. Any person who has satisfactorily completed the program established by this article shall be eligible for licensure by the board as a “physician assistant” if the person has complied with all of the following requirements: (a) Has successfully completed the written examination required under Section 3517. (b) Has successfully completed the Test of English as a Foreign Language (TOEFL). (Amended by Stats. 2012, Ch. 332, Sec. 78. (SB 1236) Effective January 1, 2013.)
  119. 3537.25.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 7.7. Physician Assistants [3500 - 3545] ( Heading of Chapter 7.7 amended by Stats. 1992, Ch. 427, Sec. 5. ) ## ARTICLE 7.5. International Medical Graduate Physician Assistants [3537.10 - 3537.50] ( Article 7.5 added by Stats. 1993, Ch. 1042, Sec. 3. )

    Verify source ↗

    The training programs must provide training free of charge, and participants must agree in writing to serve at least four years as full-time physician assistants in a medically underserved area after getting licensed.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 7.7. Physician Assistants [3500 - 3545] ( Heading of Chapter 7.7 amended by Stats. 1992, Ch. 427, Sec. 5. ) ## ARTICLE 7.5. International Medical Graduate Physician Assistants [3537.10 - 3537.50] ( Article 7.5 added by Stats. 1993, Ch. 1042, Sec. 3. ) ## 3537.25. Both the pilot and the ongoing training program shall provide training at no cost to the participants in return for a written, enforceable agreement by the participants to, upon obtaining licensure under this article, serve a minimum of four years as a full-time physician assistant in an area of California designated by the Department of Health Care Access and Information as a medically underserved area pursuant to Section 3537.35. (Amended by Stats. 2022, Ch. 511, Sec. 19. (SB 1495) Effective January 1, 2023.)
  120. 3537.30.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 7.7. Physician Assistants [3500 - 3545] ( Heading of Chapter 7.7 amended by Stats. 1992, Ch. 427, Sec. 5. ) ## ARTICLE 7.5. International Medical Graduate Physician Assistants [3537.10 - 3537.50] ( Article 7.5 added by Stats. 1993, Ch. 1042, Sec. 3. )

    Verify source ↗

    If a participant defaults after completing the program and getting licensed, the program must collect specified damages from that participant. The Attorney General may represent the department or board in related litigation, or they may hire other counsel if the Attorney General declines.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 7.7. Physician Assistants [3500 - 3545] ( Heading of Chapter 7.7 amended by Stats. 1992, Ch. 427, Sec. 5. ) ## ARTICLE 7.5. International Medical Graduate Physician Assistants [3537.10 - 3537.50] ( Article 7.5 added by Stats. 1993, Ch. 1042, Sec. 3. ) ## 3537.30. (a) The Legislature recognizes that the goal of this program would be compromised if participants do not observe their commitments under this program to provide the required service in a medically underserved area. The goal of this program would not be met if all that it accomplished was merely to license physician assistants that served populations that are not medically underserved. (b) Since damages would be difficult or impossible to ascertain in the event of default by the participant, this section shall set forth the extent of liquidated damages that shall be recoverable by the program in the case of default. (c) In the case of default by a participant who has successfully completed the program and has obtained licensure under this article, the program shall collect the following damages from the participant: (1) The total cost expended by the program for the training of the applicant, and interest thereon from the date of default. (2) The total amount needed for the program to seek cover as set forth in subdivision (b) of Section 3537.35. (3) The costs of enforcement, including, but not limited to, the costs of collecting the liquidated damages, the costs of litigation, and attorney’s fees. (d) The Attorney General may represent the department, or the board, or both in any litigation necessitated by this article, or, if the Attorney General declines, the department, or the board, or both may hire other counsel for this purpose. (e) Funds collected pursuant to subdivision (c) shall be allocated as follows: (1) Costs of training recovered pursuant to paragraph (1) of subdivision (c) shall be allocated to the department to be used upon appropriation for the continuing training program pursuant to this article. (2) Costs of seeking cover recovered pursuant to paragraph (2) of subdivision (c) shall be deposited in the Physician Assistant Training Fund established pursuant to Section 3537.40 for the purposes of providing grants pursuant to subdivision (c) of Section 3537.35. (3) Costs of enforcement recovered pursuant to paragraph (3) of subdivision (c) shall be allocated between the department, and the Attorney General, or other counsel, according to actual costs. (Amended by Stats. 2022, Ch. 511, Sec. 20. (SB 1495) Effective January 1, 2023.)
  121. 3537.35.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 7.7. Physician Assistants [3500 - 3545] ( Heading of Chapter 7.7 amended by Stats. 1992, Ch. 427, Sec. 5. ) ## ARTICLE 7.5. International Medical Graduate Physician Assistants [3537.10 - 3537.50] ( Article 7.5 added by Stats. 1993, Ch. 1042, Sec. 3. )

    Verify source ↗

    The Department of Health Care Access and Information must identify medically underserved areas, calculate the total cost of seeking cover, and provide grants for full-time physician assistant positions when funds are available. Licensees under this article may not receive grants under this section.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 7.7. Physician Assistants [3500 - 3545] ( Heading of Chapter 7.7 amended by Stats. 1992, Ch. 427, Sec. 5. ) ## ARTICLE 7.5. International Medical Graduate Physician Assistants [3537.10 - 3537.50] ( Article 7.5 added by Stats. 1993, Ch. 1042, Sec. 3. ) ## 3537.35. The Department of Health Care Access and Information shall, in addition to other duties described in this article, do all of the following: (a) Determine those areas of the state that are medically underserved in that they have a higher percentage of medically underserved and indigent persons and would benefit from the services of additional persons licensed as physician assistants. (b) Determine the total cost of seeking cover as specified in paragraph (2) of subdivision (c) of Section 3537.30. To determine the cost, the department shall study the market forces that are at work creating the scarcity of these physician assistants in these medically underserved areas, and determine the annual level of additional funding that would be required by a health facility, clinic, or other health care provider in those areas to motivate a physician assistant to serve full-time in those underserved areas. This amount shall be calculated so that when added to the prevailing rate for these services in the underserved area, would make these positions so attractive that physician assistants would be motivated to serve in those areas. This amount, which shall equal the cost to the department to place a qualified physician assistant in the underserved area, times four years shall be the total cost of seeking cover. (c) Provide grants, as funds become available in the Physician Assistant Training Fund, to applicant health care providers that provide services in medically underserved areas for the purpose of funding additional full-time physician assistant positions in those areas to provide services in lieu of defaulting physician assistants. Participating providers shall use these grants to attract physician assistants that are from outside the area and shall demonstrate that the grant actually increases the number of physician assistants serving the underserved population. The grantee shall demonstrate that the grant did not merely shift a physician assistant from one medically underserved area to another, but rather, resulted in a net increase in the number of physician assistants serving the underserved population as a whole. Licensees under this article shall not directly or indirectly receive grants under this section. (Amended by Stats. 2022, Ch. 511, Sec. 21. (SB 1495) Effective January 1, 2023.)
  122. 3537.40.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 7.7. Physician Assistants [3500 - 3545] ( Heading of Chapter 7.7 amended by Stats. 1992, Ch. 427, Sec. 5. ) ## ARTICLE 7.5. International Medical Graduate Physician Assistants [3537.10 - 3537.50] ( Article 7.5 added by Stats. 1993, Ch. 1042, Sec. 3. )

    Verify source ↗

    Creates the Physician Assistant Training Fund in the State Treasury and makes it available to the Department of Health Care Access and Information for grants, subject to legislative appropriation.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 7.7. Physician Assistants [3500 - 3545] ( Heading of Chapter 7.7 amended by Stats. 1992, Ch. 427, Sec. 5. ) ## ARTICLE 7.5. International Medical Graduate Physician Assistants [3537.10 - 3537.50] ( Article 7.5 added by Stats. 1993, Ch. 1042, Sec. 3. ) ## 3537.40. The Physician Assistant Training Fund is hereby created in the State Treasury for the purpose of receipt of funds collected pursuant to paragraph (2) of subdivision (c) of Section 3537.30. The Physician Assistant Training Fund shall be available to the Department of Health Care Access and Information for the purpose of providing grants pursuant to subdivision (c) of Section 3537.35, upon appropriation by the Legislature. (Amended by Stats. 2022, Ch. 511, Sec. 22. (SB 1495) Effective January 1, 2023.)
  123. 3537.45.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 7.7. Physician Assistants [3500 - 3545] ( Heading of Chapter 7.7 amended by Stats. 1992, Ch. 427, Sec. 5. ) ## ARTICLE 7.5. International Medical Graduate Physician Assistants [3537.10 - 3537.50] ( Article 7.5 added by Stats. 1993, Ch. 1042, Sec. 3. )

    Verify source ↗

    The program may not be funded by increasing physician assistant fees, and trained physician assistants still must pay the fees set under Section 3521.1.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 7.7. Physician Assistants [3500 - 3545] ( Heading of Chapter 7.7 amended by Stats. 1992, Ch. 427, Sec. 5. ) ## ARTICLE 7.5. International Medical Graduate Physician Assistants [3537.10 - 3537.50] ( Article 7.5 added by Stats. 1993, Ch. 1042, Sec. 3. ) ## 3537.45. The program established pursuant to this article shall not be funded, directly or indirectly, from an increase in the fees charged to physician assistants pursuant to Section 3521.1. This article does not excuse physician assistants trained pursuant to this article from paying the fees established pursuant to Section 3521.1. (Amended by Stats. 2025, Ch. 194, Sec. 19. (AB 1501) Effective January 1, 2026.)
  124. 3537.50.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 7.7. Physician Assistants [3500 - 3545] ( Heading of Chapter 7.7 amended by Stats. 1992, Ch. 427, Sec. 5. ) ## ARTICLE 7.5. International Medical Graduate Physician Assistants [3537.10 - 3537.50] ( Article 7.5 added by Stats. 1993, Ch. 1042, Sec. 3. )

    Verify source ↗

    This section bars General Fund spending, makes the article’s program dependent on available federal funds, and says there are no obligations without adequate funding.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 7.7. Physician Assistants [3500 - 3545] ( Heading of Chapter 7.7 amended by Stats. 1992, Ch. 427, Sec. 5. ) ## ARTICLE 7.5. International Medical Graduate Physician Assistants [3537.10 - 3537.50] ( Article 7.5 added by Stats. 1993, Ch. 1042, Sec. 3. ) ## 3537.50. No General Fund revenues shall be expended to carry out this article. The implementation of the pilot program and, if applicable, the permanent program established by this article shall be contingent upon the availability of federal funds, which do not divert or detract from funds currently utilized to underwrite existing physician assistant training programs or to fund existing functions of the board. The new funding shall be sufficient to cover the full additional cost to the educational institution or institutions that establish the program or programs, the cost of tuition and attendance for the students in the program or programs, and any additional costs, including enforcement costs, that the department or the board incurs as a result of implementing this article. This article does not impose any obligations upon the department, the board, or any physician assistant training program in the absence of adequate funding as described in this section. This article does not preclude applicants for the program established by this article from seeking state or federal scholarship funds, or state and federal loan repayment funds available to physician assistant students, or require any applicants be granted preference in the award of those funds. This article does not impair the autonomy of any institution that offers a physician assistant training program. (Amended by Stats. 2022, Ch. 511, Sec. 23. (SB 1495) Effective January 1, 2023.)
  125. 3540.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 7.7. Physician Assistants [3500 - 3545] ( Heading of Chapter 7.7 amended by Stats. 1992, Ch. 427, Sec. 5. ) ## ARTICLE 8. Physicians’ Assistants Corporations [3540 - 3545] ( Article 8 added by Stats. 1982, Ch. 1304, Sec. 2. )

    Verify source ↗

    A physician assistants corporation may render professional services if it and related certified physician assistant personnel comply with the named laws and regulations.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 7.7. Physician Assistants [3500 - 3545] ( Heading of Chapter 7.7 amended by Stats. 1992, Ch. 427, Sec. 5. ) ## ARTICLE 8. Physicians’ Assistants Corporations [3540 - 3545] ( Article 8 added by Stats. 1982, Ch. 1304, Sec. 2. ) ## 3540. A physician assistants corporation is a corporation which is authorized to render professional services, as defined in Section 13401 of the Corporations Code, so long as that corporation and its shareholders, officers, directors, and employees rendering professional services who are certified physician assistants are in compliance with the Moscone-Knox Professional Corporation Act, the provisions of this article, and all other statutes and regulations now or hereafter enacted or adopted pertaining to the corporation and the conduct of its affairs. With respect to a physician assistants corporation, the governmental agency referred to in the Moscone-Knox Professional Corporation Act (commencing with Section 13400) of Division 3 of Title 1 of the Corporations Code is the board. (Amended by Stats. 2012, Ch. 332, Sec. 81. (SB 1236) Effective January 1, 2013.)
  126. 3541.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 7.7. Physician Assistants [3500 - 3545] ( Heading of Chapter 7.7 amended by Stats. 1992, Ch. 427, Sec. 5. ) ## ARTICLE 8. Physicians’ Assistants Corporations [3540 - 3545] ( Article 8 added by Stats. 1982, Ch. 1304, Sec. 2. )

    Verify source ↗

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

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 7.7. Physician Assistants [3500 - 3545] ( Heading of Chapter 7.7 amended by Stats. 1992, Ch. 427, Sec. 5. ) ## ARTICLE 8. Physicians’ Assistants Corporations [3540 - 3545] ( Article 8 added by Stats. 1982, Ch. 1304, Sec. 2. ) ## 3541. 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. (Added by Stats. 1982, Ch. 1304, Sec. 2.)
  127. 3542.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 7.7. Physician Assistants [3500 - 3545] ( Heading of Chapter 7.7 amended by Stats. 1992, Ch. 427, Sec. 5. ) ## ARTICLE 8. Physicians’ Assistants Corporations [3540 - 3545] ( Article 8 added by Stats. 1982, Ch. 1304, Sec. 2. )

    Verify source ↗

    A physician assistant corporation must not engage in conduct that would count as unprofessional conduct, and it must follow the applicable statutes and regulations like a licensed person.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 7.7. Physician Assistants [3500 - 3545] ( Heading of Chapter 7.7 amended by Stats. 1992, Ch. 427, Sec. 5. ) ## ARTICLE 8. Physicians’ Assistants Corporations [3540 - 3545] ( Article 8 added by Stats. 1982, Ch. 1304, Sec. 2. ) ## 3542. A physician assistant 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 these statutes and regulations to the same extent as a person holding a license under this chapter. (Amended by Stats. 1994, Ch. 26, Sec. 122. Effective March 30, 1994.)
  128. 3543.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 7.7. Physician Assistants [3500 - 3545] ( Heading of Chapter 7.7 amended by Stats. 1992, Ch. 427, Sec. 5. ) ## ARTICLE 8. Physicians’ Assistants Corporations [3540 - 3545] ( Article 8 added by Stats. 1982, Ch. 1304, Sec. 2. )

    Verify source ↗

    A physician assistant corporation must use a name that includes “physician assistant” and words 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 7.7. Physician Assistants [3500 - 3545] ( Heading of Chapter 7.7 amended by Stats. 1992, Ch. 427, Sec. 5. ) ## ARTICLE 8. Physicians’ Assistants Corporations [3540 - 3545] ( Article 8 added by Stats. 1982, Ch. 1304, Sec. 2. ) ## 3543. The name of a physician assistant corporation and any name or names under which it may render professional services shall contain the words “physician assistant,” and wording or abbreviations denoting corporate existence. (Amended by Stats. 1994, Ch. 26, Sec. 123. Effective March 30, 1994.)
  129. 3544.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 7.7. Physician Assistants [3500 - 3545] ( Heading of Chapter 7.7 amended by Stats. 1992, Ch. 427, Sec. 5. ) ## ARTICLE 8. Physicians’ Assistants Corporations [3540 - 3545] ( Article 8 added by Stats. 1982, Ch. 1304, Sec. 2. )

    Verify source ↗

    Most shareholders, directors, and officers of a physician assistant corporation must be licensed persons, except assistant secretaries and assistant treasurers, and subject to the listed Corporations Code exceptions.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 7.7. Physician Assistants [3500 - 3545] ( Heading of Chapter 7.7 amended by Stats. 1992, Ch. 427, Sec. 5. ) ## ARTICLE 8. Physicians’ Assistants Corporations [3540 - 3545] ( Article 8 added by Stats. 1982, Ch. 1304, Sec. 2. ) ## 3544. Except as provided in Sections 13401.5 and 13403 of the Corporations Code, each shareholder, director and officer of a physician assistant corporation, except an assistant secretary and an assistant treasurer, shall be a licensed person as defined in Section 13401 of the Corporations Code. (Amended by Stats. 1994, Ch. 26, Sec. 124. Effective March 30, 1994.)
  130. 3545.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 7.7. Physician Assistants [3500 - 3545] ( Heading of Chapter 7.7 amended by Stats. 1992, Ch. 427, Sec. 5. ) ## ARTICLE 8. Physicians’ Assistants Corporations [3540 - 3545] ( Article 8 added by Stats. 1982, Ch. 1304, Sec. 2. )

    Verify source ↗

    A physician assistant corporation’s income from professional services cannot benefit a shareholder who is a disqualified person, or that shareholder’s shares.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 7.7. Physician Assistants [3500 - 3545] ( Heading of Chapter 7.7 amended by Stats. 1992, Ch. 427, Sec. 5. ) ## ARTICLE 8. Physicians’ Assistants Corporations [3540 - 3545] ( Article 8 added by Stats. 1982, Ch. 1304, Sec. 2. ) ## 3545. The income of a physician assistant 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 the shareholder or their shares in the physician assistant corporation. (Amended by Stats. 2024, Ch. 497, Sec. 22. (SB 1526) Effective January 1, 2025.)
  131. 3575.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 7.8. Polysomnographic Technologists [3575 - 3579] ( Chapter 7.8 added by Stats. 2009, Ch. 635, Sec. 1. )

    Verify source ↗

    This section defines polysomnography and related terms, sets registration and background-check requirements, and limits who may use the certified polysomnographic technologist title and practice polysomnography.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 7.8. Polysomnographic Technologists [3575 - 3579] ( Chapter 7.8 added by Stats. 2009, Ch. 635, Sec. 1. ) ## 3575. (a) For the purposes of this chapter, the following definitions shall apply: (1) “Board” means the Medical Board of California. (2) “Polysomnography” means the treatment, management, diagnostic testing, control, education, and care of patients with sleep and wake disorders. Polysomnography shall include, but not be limited to, the process of analysis, monitoring, and recording of physiologic data during sleep and wakefulness to assist in the treatment of disorders, syndromes, and dysfunctions that are sleep-related, manifest during sleep, or disrupt normal sleep activities. Polysomnography shall also include, but not be limited to, the therapeutic and diagnostic use of oxygen, the use of positive airway pressure including continuous positive airway pressure (CPAP) and bilevel modalities, adaptive servo-ventilation, and maintenance of nasal and oral airways that do not extend into the trachea. (3) “Supervision” means that the supervising physician and surgeon shall remain available, either in person or through telephonic or electronic means, at the time that the polysomnographic services are provided. (b) (1) Within one year after the effective date of this chapter, the board shall promulgate regulations relative to the qualifications for the registration of individuals as certified polysomnographic technologists, polysomnographic technicians, and polysomnographic trainees. The qualifications for a certified polysomnographic technologist shall include all of the following: (A) The applicant shall have valid, current credentials as a polysomnographic technologist issued by a national accrediting agency approved by the board. (B) The applicant shall have graduated from a polysomnographic educational program that has been approved by the board. (C) The applicant shall have passed a national certifying examination that has been approved by the board. (2) An applicant for registration as a certified polysomnographic technologist may satisfy the qualifications described in paragraph (1) by submitting proof to the board that they have been practicing polysomnography for at least five years in a manner that is acceptable to the board. However, beginning three years after the effective date of this chapter, all individuals seeking to obtain certification as a polysomnographic technologist shall have passed a national certifying examination that has been approved by the board. (c) (1) In accordance with Section 2042, any person seeking registration from the board as a certified polysomnographic technologist, a polysomnographic technician, or a polysomnographic trainee shall be subject to a state- and federal-level criminal offender record information search conducted through the Department of Justice as specified in paragraph (2). (2) The board shall submit to the Department of Justice fingerprint images and related information required by the Department of Justice of all applicants for registration as a certified polysomnographic technologist, a polysomnographic technician, or a polysomnographic trainee, as defined by this section, to determine whether the applicant has a criminal conviction record in this state or in any other jurisdiction, including foreign countries, pursuant to Section 2042. The Department of Justice shall provide a state- and federal-level response pursuant to subdivision (p) of Section 11105 of the Penal Code for the board to determine whether the applicant is subject to denial of licensure under the provisions of Division 1.5 (commencing with Section 475). (d) An individual may use the title “certified polysomnographic technologist” and may engage in the practice of polysomnography only under the following circumstances: (1) The individual is registered with the board and has successfully undergone a state- and federal-level criminal offender record information search pursuant to subdivision (c). (2) The individual works under the supervision and direction of a licensed physician and surgeon. (3) The individual meets the requirements of this chapter. (e) Within one year after the effective date of this chapter, the board shall adopt regulations that establish the means and circumstances in which a licensed physician and surgeon may employ polysomnographic technicians and polysomnographic trainees. The board may also adopt regulations specifying the scope of services that may be provided by a polysomnographic technician or polysomnographic trainee. Any regulation adopted pursuant to this section may specify the level of supervision that polysomnographic technicians and trainees are required to have when working under the supervision of a certified polysomnographic technologist or licensed health care professional. (f) This section shall not apply to California licensed allied health professionals, including, but not limited to, respiratory care practitioners, working within the scope of practice of their license. (g) Nothing in this chapter shall be interpreted to authorize a polysomnographic technologist, technician, or trainee to treat, manage, control, educate, or care for patients other than those with sleep disorders or to provide diagnostic testing for patients other than those with suspected sleep disorders. (Amended by Stats. 2025, Ch. 113, Sec. 14. (SB 160) Effective September 17, 2025.)
  132. 3575.5.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 7.8. Polysomnographic Technologists [3575 - 3579] ( Chapter 7.8 added by Stats. 2009, Ch. 635, Sec. 1. )

    Verify source ↗

    Applications for registration as a polysomnographic technologist, technician, or trainee must be submitted on a board-provided form and must include a legal verification signed by the applicant under penalty of perjury.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 7.8. Polysomnographic Technologists [3575 - 3579] ( Chapter 7.8 added by Stats. 2009, Ch. 635, Sec. 1. ) ## 3575.5. Each application for registration as a polysomnographic technologist, technician, or trainee shall be made upon an online electronic form, or other form, provided by the board, and each application form shall contain a legal verification by the applicant certifying under penalty of perjury that the information provided by the applicant is true and correct and that any information in supporting documents provided by the applicant is true and correct. (Added by Stats. 2021, Ch. 649, Sec. 45. (SB 806) Effective January 1, 2022.)
  133. 3576.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 7.8. Polysomnographic Technologists [3575 - 3579] ( Chapter 7.8 added by Stats. 2009, Ch. 635, Sec. 1. )

    Verify source ↗

    A registration under this chapter may be disciplined, including denial, suspension, revocation, or probation, for listed misconduct or violations.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 7.8. Polysomnographic Technologists [3575 - 3579] ( Chapter 7.8 added by Stats. 2009, Ch. 635, Sec. 1. ) ## 3576. (a) A registration under this chapter may be denied, suspended, revoked, placed on probation, or otherwise subjected to discipline for any of the following by the holder: (1) Incompetence, gross negligence, or repeated similar negligent acts performed by the registrant. (2) An act of dishonesty or fraud. (3) Committing any act or being convicted of a crime constituting grounds for denial of licensure or registration under Section 480. (4) Violating or attempting to violate this chapter or any regulation adopted under this chapter. (b) Proceedings under this section shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, and the board shall have all powers granted therein. (Amended by Stats. 2016, Ch. 303, Sec. 12. (AB 2745) Effective January 1, 2017.)
  134. 3576.1.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 7.8. Polysomnographic Technologists [3575 - 3579] ( Chapter 7.8 added by Stats. 2009, Ch. 635, Sec. 1. )

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    A person with a surrendered, revoked, suspended, or probationary registration may petition the board for reinstatement or penalty modification, but only after the required waiting period 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 7.8. Polysomnographic Technologists [3575 - 3579] ( Chapter 7.8 added by Stats. 2009, Ch. 635, Sec. 1. ) ## 3576.1. (a) A person whose registration has been voluntarily surrendered while under investigation or while charges are pending or whose registration has been revoked or suspended or placed on probation, may petition the board for reinstatement or modification of penalty, including modification or termination of probation. (b) The person may file the petition after a period of not less than the following minimum periods have elapsed from the effective date of the surrender of the registration or the decision ordering that disciplinary action: (1) At least three years for reinstatement of a registration surrendered or revoked for unprofessional conduct, except that the board may, for good cause shown, specify in a revocation order that a petition for reinstatement may be filed after two years. (2) At least two years for early termination of probation of three years or more. (3) At least one year for modification of a condition, or reinstatement of a registration surrendered or revoked for mental or physical illness, or termination of probation of less than three years. (c) The petition shall state any facts as may be required by the board. The petition shall be accompanied by at least two verified recommendations from polysomnographic technologists registered in any state who have personal knowledge of the activities of the petitioner since the disciplinary penalty was imposed. (d) The petition may be heard by a panel of the board. The board may assign the petition to an administrative law judge designated in Section 11371 of the Government Code. After a hearing on the petition, the administrative law judge shall provide a proposed decision to the board, which shall be acted upon in accordance with Section 2335. (e) The panel of the board or the administrative law judge hearing the petition may consider all activities of the petitioner since the disciplinary action was taken, the offense for which the petitioner was disciplined, the petitioner’s activities during the time the registration was in good standing, and the petitioner’s rehabilitative efforts, general reputation for truth, and professional ability. The hearing may be continued from time to time as the administrative law judge designated in Section 11371 of the Government Code finds necessary. (f) The administrative law judge designated in Section 11371 of the Government Code reinstating a registration or modifying a penalty may recommend the imposition of any terms and conditions deemed necessary. (g) No petition shall be considered while the petitioner is under sentence for any criminal offense, including any period during which the petitioner is on court-imposed probation or parole. No petition shall be considered while there is an accusation or petition to revoke probation pending against the person. The board may deny without a hearing or argument any petition filed pursuant to this section within a period of two years from the effective date of the prior decision following a hearing under this section. (Added by Stats. 2016, Ch. 303, Sec. 13. (AB 2745) Effective January 1, 2017.)
  135. 3576.2.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 7.8. Polysomnographic Technologists [3575 - 3579] ( Chapter 7.8 added by Stats. 2009, Ch. 635, Sec. 1. )

    Verify source ↗

    The board must revoke the registration of certain people who are required to register as sex offenders, with stated exceptions.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 7.8. Polysomnographic Technologists [3575 - 3579] ( Chapter 7.8 added by Stats. 2009, Ch. 635, Sec. 1. ) ## 3576.2. (a) Except as provided in subdivisions (b) and (c), the board shall revoke the registration of any person who has been required to register as a sex offender pursuant to Section 290 of the Penal for conduct that occurred on or after January 1, 2017. (b) This section shall not apply to a person who is required to register as a sex offender pursuant to Section 290 of the Penal Code solely because of a misdemeanor conviction under Section 314 of the Penal Code. (c) This section shall not apply to a person who has been relieved under Section 290.5 of the Penal Code of his or her duty to register as a sex offender, or whose duty to register has otherwise been formally terminated under California law. (d) A proceeding to revoke a registration pursuant to this section shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code. (Added by Stats. 2016, Ch. 303, Sec. 14. (AB 2745) Effective January 1, 2017.)
  136. 3576.3.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 7.8. Polysomnographic Technologists [3575 - 3579] ( Chapter 7.8 added by Stats. 2009, Ch. 635, Sec. 1. )

    Verify source ↗

    The board may discipline, suspend, revoke, or deny registration for polysomnographic registrants for unprofessional conduct, including certain substance use or convictions.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 7.8. Polysomnographic Technologists [3575 - 3579] ( Chapter 7.8 added by Stats. 2009, Ch. 635, Sec. 1. ) ## 3576.3. (a) The board may suspend or revoke the registration of a polysomnographic technologist, polysomnographic technician, or polysomnographic trainee for unprofessional conduct as described in this section. (b) The use of any controlled substance or the use of any of the dangerous drugs specified in Section 4022, or of alcoholic beverages, to the extent, or in such a manner as to be dangerous or injurious to the registrant, or to any other person or to the public, or to the extent that this use impairs the ability of the registrant to practice safely or more than one misdemeanor or any felony conviction involving the use, consumption, or self-administration of any of the substances referred to in this section, or any combination thereof, constitutes unprofessional conduct. The record of the conviction is conclusive evidence of this unprofessional conduct. (c) A plea or verdict of guilty or a conviction following a plea of nolo contendere is deemed to be a conviction within the meaning of this section. The board may order discipline of the registrant in accordance with Section 2227 or may order the denial of the registration when the time for appeal has elapsed or the judgment of conviction has been affirmed on appeal or when an order granting probation is made suspending imposition of sentence, irrespective of a subsequent order under the provisions of Section 1203.4 of the Penal Code allowing this person to withdraw his or her plea of guilty and to enter a plea of not guilty, or setting aside the verdict of guilty, or dismissing the accusation, complaint, information, or indictment. (Added by Stats. 2016, Ch. 303, Sec. 15. (AB 2745) Effective January 1, 2017.)
  137. 3577.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 7.8. Polysomnographic Technologists [3575 - 3579] ( Chapter 7.8 added by Stats. 2009, Ch. 635, Sec. 1. )

    Verify source ↗

    Applicants for registration and newly registered persons must pay a $120 fee to the Medical Board fund; registrations expire after two years and may be renewed biennially, with a $220 renewal fee for registrations expiring on or after January 1, 2022.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 7.8. Polysomnographic Technologists [3575 - 3579] ( Chapter 7.8 added by Stats. 2009, Ch. 635, Sec. 1. ) ## 3577. (a) Each person who applies for registration under this chapter shall pay into the Contingent Fund of the Medical Board of California a fee to be fixed by the board at a sum of one hundred twenty dollars ($120). (b) Each person to whom registration is granted under this chapter shall pay into the Contingent Fund of the Medical Board of California a fee to be fixed by the board at a sum of one hundred twenty dollars ($120). (c) The registration shall expire after two years. The registration may be renewed biennially at a fee which shall be paid into the Contingent Fund of the Medical Board of California. For registrations that expire on or after January 1, 2022, the fee amount shall be two hundred twenty dollars ($220). (d) The fee for monitoring a registrant on probation shall be the cost of monitoring, as fixed by the board. (e) The money in the Contingent Fund of the Medical Board of California that is collected pursuant to this section shall be used for the administration of this chapter. (Amended by Stats. 2021, Ch. 649, Sec. 46. (SB 806) Effective January 1, 2022.)
  138. 3578.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 7.8. Polysomnographic Technologists [3575 - 3579] ( Chapter 7.8 added by Stats. 2009, Ch. 635, Sec. 1. )

    Verify source ↗

    A licensed clinic or health facility may employ a certified polysomnographic technologist.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 7.8. Polysomnographic Technologists [3575 - 3579] ( Chapter 7.8 added by Stats. 2009, Ch. 635, Sec. 1. ) ## 3578. Nothing in this chapter shall prohibit a clinic or health facility licensed pursuant to Division 2 (commencing with Section 1200) of the Health and Safety Code from employing a certified polysomnographic technologist. (Added by Stats. 2009, Ch. 635, Sec. 1. (SB 132) Effective October 23, 2009.)
  139. 3579.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 7.8. Polysomnographic Technologists [3575 - 3579] ( Chapter 7.8 added by Stats. 2009, Ch. 635, Sec. 1. )

    Verify source ↗

    This chapter does not apply to diagnostic electroencephalograms conducted under the American Clinical Neurophysiology Society guidelines.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 7.8. Polysomnographic Technologists [3575 - 3579] ( Chapter 7.8 added by Stats. 2009, Ch. 635, Sec. 1. ) ## 3579. Nothing in this chapter shall apply to diagnostic electroencephalograms conducted in accordance with the guidelines of the American Clinical Neurophysiology Society. (Added by Stats. 2009, Ch. 635, Sec. 1. (SB 132) Effective October 23, 2009.)
  140. 3600.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 8. Osteopathic Medicine [3600- 3600.] ( Heading of Chapter 8 amended by Stats. 1993, Ch. 226, Sec. 3. )

    Verify source ↗

    This section says the law for licentiates of the Osteopathic Medical Board of California is located in the Osteopathic Act and Chapter 5 of Division 2 on medicine.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 8. Osteopathic Medicine [3600- 3600.] ( Heading of Chapter 8 amended by Stats. 1993, Ch. 226, Sec. 3. ) ## 3600. The law governing licentiates of the Osteopathic Medical Board of California is found in the Osteopathic Act and in Chapter 5 of Division 2, relating to medicine. (Amended by Stats. 1991, Ch. 359, Sec. 28.)
  141. 3610.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 8.2. Naturopathic Doctors Act [3610 - 3686] ( Chapter 8.2 added by Stats. 2003, Ch. 485, Sec. 5. ) ## ARTICLE 1. General Provisions [3610 - 3615] ( Article 1 added by Stats. 2003, Ch. 485, Sec. 5. )

    Verify source ↗

    This chapter may be cited as the Naturopathic Doctors Act.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 8.2. Naturopathic Doctors Act [3610 - 3686] ( Chapter 8.2 added by Stats. 2003, Ch. 485, Sec. 5. ) ## ARTICLE 1. General Provisions [3610 - 3615] ( Article 1 added by Stats. 2003, Ch. 485, Sec. 5. ) ## 3610. This chapter may be cited as the Naturopathic Doctors Act. (Added by Stats. 2003, Ch. 485, Sec. 5. Effective January 1, 2004. Repealed as of January 1, 2027, pursuant to Section 3686.)
  142. 3612.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 8.2. Naturopathic Doctors Act [3610 - 3686] ( Chapter 8.2 added by Stats. 2003, Ch. 485, Sec. 5. ) ## ARTICLE 1. General Provisions [3610 - 3615] ( Article 1 added by Stats. 2003, Ch. 485, Sec. 5. )

    Verify source ↗

    This section creates the California Board of Naturopathic Medicine within the Department of Consumer Affairs.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 8.2. Naturopathic Doctors Act [3610 - 3686] ( Chapter 8.2 added by Stats. 2003, Ch. 485, Sec. 5. ) ## ARTICLE 1. General Provisions [3610 - 3615] ( Article 1 added by Stats. 2003, Ch. 485, Sec. 5. ) ## 3612. The California Board of Naturopathic Medicine is hereby created within the Department of Consumer Affairs. (Amended by Stats. 2022, Ch. 414, Sec. 2. (AB 2685) Effective January 1, 2023. Repealed as of January 1, 2027, pursuant to Section 3686.)
  143. 3613.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 8.2. Naturopathic Doctors Act [3610 - 3686] ( Chapter 8.2 added by Stats. 2003, Ch. 485, Sec. 5. ) ## ARTICLE 1. General Provisions [3610 - 3615] ( Article 1 added by Stats. 2003, Ch. 485, Sec. 5. )

    Verify source ↗

    This section defines key terms used in the Naturopathic Doctors Act.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 8.2. Naturopathic Doctors Act [3610 - 3686] ( Chapter 8.2 added by Stats. 2003, Ch. 485, Sec. 5. ) ## ARTICLE 1. General Provisions [3610 - 3615] ( Article 1 added by Stats. 2003, Ch. 485, Sec. 5. ) ## 3613. The following definitions apply for the purposes of this chapter: (a) “Board” means the California Board of Naturopathic Medicine. Any reference in any law or regulation to the Bureau of Naturopathic Medicine or the Naturopathic Medicine Committee shall be deemed to refer to the California Board of Naturopathic Medicine. (b) “Naturopathic childbirth attendance” means the specialty practice of natural childbirth by a naturopathic doctor that includes the management of normal pregnancy, normal labor and delivery, and the normal postpartum period, including normal newborn care. (c) “Naturopathic medicine” means a distinct and comprehensive system of primary health care practiced by a naturopathic doctor for the diagnosis, treatment, and prevention of human health conditions, injuries, and disease. (d) “Naturopathic doctor” means a person who holds an active license issued pursuant to this chapter. (e) “Naturopathy” means a noninvasive system of health practice that employs natural health modalities, substances, and education to promote health. (f) “Drug” means any substance defined as a drug by Section 11014 of the Health and Safety Code. (g) “Naturopathic assistant” means a person who may be unlicensed, who performs basic administrative, clerical, and technical supportive services in compliance with this chapter for a licensed naturopathic doctor or naturopathic corporation and who is at least 18 years of age, and who has had at least the minimum amount of hours of appropriate training pursuant to standards established by the Medical Board of California for a medical assistant pursuant to Section 2069. The naturopathic assistant shall be issued a certificate by the training institution or instructor indicating satisfactory completion of the required training. A copy of the certificate shall be retained as a record by each employer or the naturopathic assistant. (h) “Naturopathic technical supportive services” means simple routine medical tasks and procedures that may be safely performed by a naturopathic assistant who has limited training and who functions under the supervision of a licensed naturopathic doctor. (i) “Specific authorization” means a specific written order prepared by the supervising naturopathic doctor authorizing the procedures to be performed on a patient, which shall be placed in the patient’s medical record, or a standing order prepared by the supervising naturopathic doctor authorizing the procedures to be performed. A notation of the standing order shall be placed on the patient’s medical record. (j) “Supervision” means the supervision of procedures authorized under this section or Section 3640.2 by a naturopathic doctor, within their scope of practice, who is physically present in the treatment facility during the performance of those procedures. (Amended by Stats. 2022, Ch. 414, Sec. 3. (AB 2685) Effective January 1, 2023. Repealed as of January 1, 2027, pursuant to Section 3686.)
  144. 3615.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 8.2. Naturopathic Doctors Act [3610 - 3686] ( Chapter 8.2 added by Stats. 2003, Ch. 485, Sec. 5. ) ## ARTICLE 1. General Provisions [3610 - 3615] ( Article 1 added by Stats. 2003, Ch. 485, Sec. 5. )

    Verify source ↗

    This section says the chapter’s provisions are severable, so if one part or its application is invalid, the rest can still stand if they can work without it.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 8.2. Naturopathic Doctors Act [3610 - 3686] ( Chapter 8.2 added by Stats. 2003, Ch. 485, Sec. 5. ) ## ARTICLE 1. General Provisions [3610 - 3615] ( Article 1 added by Stats. 2003, Ch. 485, Sec. 5. ) ## 3615. 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 of this chapter that can be given effect without the invalid provision or application. (Added by Stats. 2003, Ch. 485, Sec. 5. Effective January 1, 2004. Repealed as of January 1, 2027, pursuant to Section 3686.)
  145. 3620.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 8.2. Naturopathic Doctors Act [3610 - 3686] ( Chapter 8.2 added by Stats. 2003, Ch. 485, Sec. 5. ) ## ARTICLE 2. Administration [3620 - 3627] ( Article 2 added by Stats. 2003, Ch. 485, Sec. 5. )

    Verify source ↗

    The board must enforce and administer this chapter and is solely responsible for implementing it.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 8.2. Naturopathic Doctors Act [3610 - 3686] ( Chapter 8.2 added by Stats. 2003, Ch. 485, Sec. 5. ) ## ARTICLE 2. Administration [3620 - 3627] ( Article 2 added by Stats. 2003, Ch. 485, Sec. 5. ) ## 3620. The board shall enforce and administer this chapter and shall be solely responsible for the implementation of this chapter. (Amended by Stats. 2024, Ch. 497, Sec. 23. (SB 1526) Effective January 1, 2025. Repealed as of January 1, 2027, pursuant to Section 3686.)
  146. 3620.1.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 8.2. Naturopathic Doctors Act [3610 - 3686] ( Chapter 8.2 added by Stats. 2003, Ch. 485, Sec. 5. ) ## ARTICLE 2. Administration [3620 - 3627] ( Article 2 added by Stats. 2003, Ch. 485, Sec. 5. )

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    The board must treat protection of the public as its highest priority when licensing, regulating, or disciplining, and public protection overrides conflicting interests.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 8.2. Naturopathic Doctors Act [3610 - 3686] ( Chapter 8.2 added by Stats. 2003, Ch. 485, Sec. 5. ) ## ARTICLE 2. Administration [3620 - 3627] ( Article 2 added by Stats. 2003, Ch. 485, Sec. 5. ) ## 3620.1. Protection of the public shall be the highest priority for the board in exercising its licensing, regulatory, and disciplinary functions. Whenever the protection of the public is inconsistent with other interests sought to be promoted, the protection of the public shall be paramount. (Amended by Stats. 2024, Ch. 497, Sec. 24. (SB 1526) Effective January 1, 2025. Repealed as of January 1, 2027, pursuant to Section 3686.)
  147. 3621.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 8.2. Naturopathic Doctors Act [3610 - 3686] ( Chapter 8.2 added by Stats. 2003, Ch. 485, Sec. 5. ) ## ARTICLE 2. Administration [3620 - 3627] ( Article 2 added by Stats. 2003, Ch. 485, Sec. 5. )

    Verify source ↗

    This section sets the board’s membership, appointment rules, terms, eligibility standards, compensation, and removal power for board members.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 8.2. Naturopathic Doctors Act [3610 - 3686] ( Chapter 8.2 added by Stats. 2003, Ch. 485, Sec. 5. ) ## ARTICLE 2. Administration [3620 - 3627] ( Article 2 added by Stats. 2003, Ch. 485, Sec. 5. ) ## 3621. (a) The board shall consist of nine members, consisting of seven members appointed by the Governor, one public member appointed by the Senate Committee on Rules, and one public member appointed by the Speaker of the Assembly. Members of the board shall include five members who are California-licensed naturopathic doctors, two members who are California-licensed physicians and surgeons, and two public members. (b) A member of the board shall be appointed for a four-year term. A person shall not serve as a member of the board for more than two consecutive terms. A member shall hold office until the appointment and qualification of the member’s successor, or until one year from the expiration of the term for which the member was appointed, whichever first occurs. Vacancies shall be filled by appointment for unexpired terms. (c) (1) A public member of the board shall be a resident of this state for at least five years preceding the public member’s appointment. (2) A person shall not be appointed as a public member if the person or the person’s immediate family in any manner owns an interest in a college, school, or institution engaged in naturopathic education, or the person or the person’s immediate family has an economic interest in naturopathy or has any other conflict of interest. “Immediate family” means the public member’s spouse, domestic partner, parents, children, or children’s spouses or domestic partners. (d) Each member of the board shall receive a per diem and expenses as provided in Section 103. (e) The board may appoint a person exempt from civil service who shall be designated as an executive officer and who shall exercise the powers and perform the duties delegated by the board and vested in the executive officer by this chapter. (f) Each appointing authority has power to remove from office at any time any member of the board appointed by that authority pursuant to Section 106. (Amended by Stats. 2022, Ch. 414, Sec. 4. (AB 2685) Effective January 1, 2023. Repealed as of January 1, 2027, pursuant to Section 3686.)
  148. 3621.5.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 8.2. Naturopathic Doctors Act [3610 - 3686] ( Chapter 8.2 added by Stats. 2003, Ch. 485, Sec. 5. ) ## ARTICLE 2. Administration [3620 - 3627] ( Article 2 added by Stats. 2003, Ch. 485, Sec. 5. )

    Verify source ↗

    The board must meet at least two times each calendar year and hold additional meetings when needed to conduct its business.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 8.2. Naturopathic Doctors Act [3610 - 3686] ( Chapter 8.2 added by Stats. 2003, Ch. 485, Sec. 5. ) ## ARTICLE 2. Administration [3620 - 3627] ( Article 2 added by Stats. 2003, Ch. 485, Sec. 5. ) ## 3621.5. The board shall meet at least two times each calendar year and shall conduct additional meetings in appropriate locations that are necessary to transact its business. (Amended by Stats. 2024, Ch. 497, Sec. 25. (SB 1526) Effective January 1, 2025. Repealed as of January 1, 2027, pursuant to Section 3686.)
  149. 3622.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 8.2. Naturopathic Doctors Act [3610 - 3686] ( Chapter 8.2 added by Stats. 2003, Ch. 485, Sec. 5. ) ## ARTICLE 2. Administration [3620 - 3627] ( Article 2 added by Stats. 2003, Ch. 485, Sec. 5. )

    Verify source ↗

    The board must adopt regulations to carry out this chapter, and existing regulations continue to apply unless they conflict with this chapter.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 8.2. Naturopathic Doctors Act [3610 - 3686] ( Chapter 8.2 added by Stats. 2003, Ch. 485, Sec. 5. ) ## ARTICLE 2. Administration [3620 - 3627] ( Article 2 added by Stats. 2003, Ch. 485, Sec. 5. ) ## 3622. (a) The board shall adopt regulations in order to carry out the purposes of this chapter. (b) Unless contrary to this chapter, regulations adopted by the Bureau of Naturopathic Medicine and the Naturopathic Medicine Committee shall continue to apply to the board and its licensees. (Amended by Stats. 2024, Ch. 497, Sec. 26. (SB 1526) Effective January 1, 2025. Repealed as of January 1, 2027, pursuant to Section 3686.)
  150. 3623.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 8.2. Naturopathic Doctors Act [3610 - 3686] ( Chapter 8.2 added by Stats. 2003, Ch. 485, Sec. 5. ) ## ARTICLE 2. Administration [3620 - 3627] ( Article 2 added by Stats. 2003, Ch. 485, Sec. 5. )

    Verify source ↗

    The board must approve qualifying naturopathic medical education programs, and such programs must meet specific accreditation, degree, and training requirements.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 8.2. Naturopathic Doctors Act [3610 - 3686] ( Chapter 8.2 added by Stats. 2003, Ch. 485, Sec. 5. ) ## ARTICLE 2. Administration [3620 - 3627] ( Article 2 added by Stats. 2003, Ch. 485, Sec. 5. ) ## 3623. (a) The board shall approve a naturopathic medical education program accredited by the Council on Naturopathic Medical Education or an equivalent federally recognized accrediting body for the naturopathic medical profession that has the following minimum requirements: (1) Admission requirements that include a minimum of three-quarters of the credits required for a bachelor’s degree from a regionally accredited or preaccredited college or university or the equivalency, as determined by the council. (2) Program requirements for its degree or diploma of a minimum of 4,100 total hours in basic and clinical sciences, naturopathic philosophy, naturopathic modalities, and naturopathic medicine. Of the total requisite hours, not less than 2,500 hours shall consist of academic instruction, and not less than 1,200 hours shall consist of supervised clinical training approved by the naturopathic medical school. (b) A naturopathic medical education program in the United States shall offer graduate-level full-time studies and training leading to the degree of Doctor of Naturopathy or Doctor of Naturopathic Medicine. The program shall be an institution, or part of an institution of, higher education that is either accredited or is a candidate for accreditation by a regional institutional accrediting agency recognized by the United States Secretary of Education and the Council on Naturopathic Medical Education, or an equivalent federally recognized accrediting body for naturopathic doctor education. (c) To qualify as an approved naturopathic medical school, a naturopathic medical program located in Canada or the United States shall offer a full-time, doctoral-level, naturopathic medical education program with its graduates being eligible to apply to the board for licensure and to the North American Board of Naturopathic Examiners that administers the naturopathic licensing examination. (d) The naturopathic medical program shall evaluate an applicant’s education, training, and experience obtained in the armed services, pursuant to Section 35, and provide course credit where applicable. (Amended by Stats. 2024, Ch. 497, Sec. 27. (SB 1526) Effective January 1, 2025. Repealed as of January 1, 2027, pursuant to Section 3686.)
  151. 3624.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 8.2. Naturopathic Doctors Act [3610 - 3686] ( Chapter 8.2 added by Stats. 2003, Ch. 485, Sec. 5. ) ## ARTICLE 2. Administration [3620 - 3627] ( Article 2 added by Stats. 2003, Ch. 485, Sec. 5. )

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    The board may issue a certificate for naturopathic medicine to an approved faculty applicant if the listed requirements are met, and the certificate holder generally may not be paid for or practice naturopathic medicine unless it is incidental to faculty duties.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 8.2. Naturopathic Doctors Act [3610 - 3686] ( Chapter 8.2 added by Stats. 2003, Ch. 485, Sec. 5. ) ## ARTICLE 2. Administration [3620 - 3627] ( Article 2 added by Stats. 2003, Ch. 485, Sec. 5. ) ## 3624. (a) The board may grant a certificate of registration to practice naturopathic medicine to a person who does not hold a naturopathic doctor’s license under this chapter and is offered a faculty position by the dean of a naturopathic medical education program approved by the board, if all of the following requirements are met to the satisfaction of the board: (1) The applicant submits an application on a form prescribed by the board. (2) The dean of the naturopathic medical education program demonstrates that the applicant has the requisite qualifications to assume the position to which they are to be appointed. (3) The dean of the naturopathic medical education program certifies in writing to the board that the applicant will be under their direction and will not be permitted to practice naturopathic medicine unless incident to and a necessary part of the applicant’s duties as approved by the board. (b) The holder of a certificate of registration issued under this section shall not receive compensation for, or practice, naturopathic medicine unless it is incidental to and a necessary part of the applicant’s duties in connection with the holder’s faculty position. (c) A certificate of registration issued under this section is valid for two years. (Amended by Stats. 2024, Ch. 497, Sec. 28. (SB 1526) Effective January 1, 2025. Repealed as of January 1, 2027, pursuant to Section 3686.)
  152. 3624.5.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 8.2. Naturopathic Doctors Act [3610 - 3686] ( Chapter 8.2 added by Stats. 2003, Ch. 485, Sec. 5. ) ## ARTICLE 2. Administration [3620 - 3627] ( Article 2 added by Stats. 2003, Ch. 485, Sec. 5. )

    Verify source ↗

    This section exempts certain out-of-state or out-of-country licensed naturopathic doctors from this chapter if they meet specified consultation or guest-education conditions and do not practice in ways that give them control over patient care.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 8.2. Naturopathic Doctors Act [3610 - 3686] ( Chapter 8.2 added by Stats. 2003, Ch. 485, Sec. 5. ) ## ARTICLE 2. Administration [3620 - 3627] ( Article 2 added by Stats. 2003, Ch. 485, Sec. 5. ) ## 3624.5. (a) This chapter does not apply to a practitioner licensed as a naturopathic doctor in another state or country who meets both of the following requirements: (1) The practitioner is in consultation with a licensed practitioner of this state, or is an invited guest of any of the following for the purpose of professional education through lectures, clinics, or demonstrations: (A) The California Medical Association. (B) The Osteopathic Physicians and Surgeons of California. (C) The California Podiatric Medical Association. (D) The California Naturopathic Doctors Association. (E) A component county society of subparagraph (A), (B), (C), or (D). (2) The practitioner does not open an office, appoint a place to meet patients, receive calls from patients, give orders, or have ultimate authority over the care or primary diagnosis of a patient. (Amended by Stats. 2009, 4th Ex. Sess., Ch. 18, Sec. 14. (AB 20 4x) Effective October 23, 2009. Repealed as of January 1, 2027, pursuant to Section 3686.)
  153. 3626.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 8.2. Naturopathic Doctors Act [3610 - 3686] ( Chapter 8.2 added by Stats. 2003, Ch. 485, Sec. 5. ) ## ARTICLE 2. Administration [3620 - 3627] ( Article 2 added by Stats. 2003, Ch. 485, Sec. 5. )

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    The board may hire staff as needed, must employ a full-time staff position for enforcement, and must avoid extra costs from the name change beyond existing resources.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 8.2. Naturopathic Doctors Act [3610 - 3686] ( Chapter 8.2 added by Stats. 2003, Ch. 485, Sec. 5. ) ## ARTICLE 2. Administration [3620 - 3627] ( Article 2 added by Stats. 2003, Ch. 485, Sec. 5. ) ## 3626. (a) The board may employ other officers and employees as necessary to discharge the duties of the board. (b) The board shall employ a full-time staff position whose responsibilities shall include enforcement against violations of this chapter. This position shall be under the direction of the executive officer. (c) The board shall not incur any costs as a result of changing the name of the Naturopathic Medicine Committee to the California Board of Naturopathic Medicine, as described in Sections 3612 and 3613, beyond what is absorbable within existing resources. (Amended by Stats. 2022, Ch. 414, Sec. 5. (AB 2685) Effective January 1, 2023. Repealed as of January 1, 2027, pursuant to Section 3686.)
  154. 3627.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 8.2. Naturopathic Doctors Act [3610 - 3686] ( Chapter 8.2 added by Stats. 2003, Ch. 485, Sec. 5. ) ## ARTICLE 2. Administration [3620 - 3627] ( Article 2 added by Stats. 2003, Ch. 485, Sec. 5. )

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    The board must create a naturopathic formulary advisory subcommittee, and that subcommittee must review naturopathic education, training, and practice and make recommendations on naturopathic doctors’ prescribing, ordering, furnishing authority, supervision, and protocols.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 8.2. Naturopathic Doctors Act [3610 - 3686] ( Chapter 8.2 added by Stats. 2003, Ch. 485, Sec. 5. ) ## ARTICLE 2. Administration [3620 - 3627] ( Article 2 added by Stats. 2003, Ch. 485, Sec. 5. ) ## 3627. (a) The board shall establish a naturopathic formulary advisory subcommittee to determine a naturopathic formulary based upon a review of naturopathic medical education and training. (b) The naturopathic formulary advisory subcommittee shall be composed of an equal number of representatives from the clinical and academic settings of physicians and surgeons, pharmacists, and naturopathic doctors. (c) The naturopathic formulary advisory subcommittee shall review naturopathic education, training, and practice and make specific recommendations regarding the prescribing, ordering, and furnishing authority of a naturopathic doctor and the required supervision and protocols for those functions. (Amended by Stats. 2024, Ch. 497, Sec. 29. (SB 1526) Effective January 1, 2025. Repealed as of January 1, 2027, pursuant to Section 3686.)
  155. 3630.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 8.2. Naturopathic Doctors Act [3610 - 3686] ( Chapter 8.2 added by Stats. 2003, Ch. 485, Sec. 5. ) ## ARTICLE 3. Licensure [3630 - 3637] ( Article 3 added by Stats. 2003, Ch. 485, Sec. 5. )

    Verify source ↗

    A naturopathic doctor license applicant must file an application with the board on the board’s form and satisfy the listed requirements.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 8.2. Naturopathic Doctors Act [3610 - 3686] ( Chapter 8.2 added by Stats. 2003, Ch. 485, Sec. 5. ) ## ARTICLE 3. Licensure [3630 - 3637] ( Article 3 added by Stats. 2003, Ch. 485, Sec. 5. ) ## 3630. An applicant for a license as a naturopathic doctor shall file an application with the board on a form provided by the board that shows, to the board’s satisfaction, compliance with all of the following requirements: (a) The applicant has not committed an act or crime that constitutes grounds for denial of a license under Section 480 and has complied with the requirements of Section 144. (b) The applicant has received a degree in naturopathic medicine from an approved naturopathic medical school where the degree substantially meets the educational requirements in paragraph (2) of subdivision (a) of Section 3623. (Amended by Stats. 2024, Ch. 497, Sec. 30. (SB 1526) Effective January 1, 2025. Repealed as of January 1, 2027, pursuant to Section 3686.)
  156. 3631.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 8.2. Naturopathic Doctors Act [3610 - 3686] ( Chapter 8.2 added by Stats. 2003, Ch. 485, Sec. 5. ) ## ARTICLE 3. Licensure [3630 - 3637] ( Article 3 added by Stats. 2003, Ch. 485, Sec. 5. )

    Verify source ↗

    An applicant for licensure must pass the NPLEX or an approved equivalent exam; the board can give a substantially equivalent exam if no approved one exists and can also require relevant elective NPLEX exams.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 8.2. Naturopathic Doctors Act [3610 - 3686] ( Chapter 8.2 added by Stats. 2003, Ch. 485, Sec. 5. ) ## ARTICLE 3. Licensure [3630 - 3637] ( Article 3 added by Stats. 2003, Ch. 485, Sec. 5. ) ## 3631. (a) An applicant for licensure shall pass the Naturopathic Physicians Licensing Examination (NPLEX) or an equivalent examination approved by the North American Board of Naturopathic Examiners. (b) In the absence of an examination approved by the North American Board of Naturopathic Examiners, the board may administer a substantially equivalent examination. (c) The board may additionally require an applicant to pass any NPLEX elective examinations relevant to a licensee’s scope of practice in California. (Amended by Stats. 2022, Ch. 414, Sec. 6. (AB 2685) Effective January 1, 2023. Repealed as of January 1, 2027, pursuant to Section 3686.)
  157. 3633.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 8.2. Naturopathic Doctors Act [3610 - 3686] ( Chapter 8.2 added by Stats. 2003, Ch. 485, Sec. 5. ) ## ARTICLE 3. Licensure [3630 - 3637] ( Article 3 added by Stats. 2003, Ch. 485, Sec. 5. )

    Verify source ↗

    The board may grant a license to certain out-of-state naturopathic doctors if they are in good standing and meet Sections 3630 and 3631.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 8.2. Naturopathic Doctors Act [3610 - 3686] ( Chapter 8.2 added by Stats. 2003, Ch. 485, Sec. 5. ) ## ARTICLE 3. Licensure [3630 - 3637] ( Article 3 added by Stats. 2003, Ch. 485, Sec. 5. ) ## 3633. The board may grant a license to an applicant who is licensed and in good standing as a naturopathic doctor in another state, jurisdiction, or territory in the United States, if the applicant has met the requirements of Sections 3630 and 3631. (Amended by Stats. 2024, Ch. 497, Sec. 31. (SB 1526) Effective January 1, 2025. Repealed as of January 1, 2027, pursuant to Section 3686.)
  158. 3633.1.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 8.2. Naturopathic Doctors Act [3610 - 3686] ( Chapter 8.2 added by Stats. 2003, Ch. 485, Sec. 5. ) ## ARTICLE 3. Licensure [3630 - 3637] ( Article 3 added by Stats. 2003, Ch. 485, Sec. 5. )

    Verify source ↗

    The board may grant a license to certain applicants, including those who meet Section 3630 and have the stated pre-1986 and exam history. Applications had to be received by December 31, 2007.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 8.2. Naturopathic Doctors Act [3610 - 3686] ( Chapter 8.2 added by Stats. 2003, Ch. 485, Sec. 5. ) ## ARTICLE 3. Licensure [3630 - 3637] ( Article 3 added by Stats. 2003, Ch. 485, Sec. 5. ) ## 3633.1. The board may grant a license to an applicant who meets the requirements of Section 3630, but who graduated before 1986, before the Naturopathic Physicians Licensing Examinations, or NPLEX, and passed a state or Canadian Province naturopathic licensing examination. Applications under this section shall be received no later than December 31, 2007. (Amended by Stats. 2024, Ch. 497, Sec. 32. (SB 1526) Effective January 1, 2025. Repealed as of January 1, 2027, pursuant to Section 3686.)
  159. 3634.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 8.2. Naturopathic Doctors Act [3610 - 3686] ( Chapter 8.2 added by Stats. 2003, Ch. 485, Sec. 5. ) ## ARTICLE 3. Licensure [3630 - 3637] ( Article 3 added by Stats. 2003, Ch. 485, Sec. 5. )

    Verify source ↗

    Licenses under this chapter must be renewed every two years as the board prescribes, or they expire. The board may also allow late renewal by regulation.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 8.2. Naturopathic Doctors Act [3610 - 3686] ( Chapter 8.2 added by Stats. 2003, Ch. 485, Sec. 5. ) ## ARTICLE 3. Licensure [3630 - 3637] ( Article 3 added by Stats. 2003, Ch. 485, Sec. 5. ) ## 3634. A license issued under this chapter shall be subject to renewal biennially, as prescribed by the board, and shall expire unless renewed in that manner. The board may provide by regulation for the late renewal of a license. (Amended by Stats. 2024, Ch. 497, Sec. 33. (SB 1526) Effective January 1, 2025. Repealed as of January 1, 2027, pursuant to Section 3686.)
  160. 3635.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 8.2. Naturopathic Doctors Act [3610 - 3686] ( Chapter 8.2 added by Stats. 2003, Ch. 485, Sec. 5. ) ## ARTICLE 3. Licensure [3630 - 3637] ( Article 3 added by Stats. 2003, Ch. 485, Sec. 5. )

    Verify source ↗

    The board must require 60 hours of approved continuing education every two years for licensure renewal, except for the initial renewal.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 8.2. Naturopathic Doctors Act [3610 - 3686] ( Chapter 8.2 added by Stats. 2003, Ch. 485, Sec. 5. ) ## ARTICLE 3. Licensure [3630 - 3637] ( Article 3 added by Stats. 2003, Ch. 485, Sec. 5. ) ## 3635. (a) In addition to any other qualifications and requirements for licensure renewal, the board shall require the satisfactory completion of 60 hours of approved continuing education biennially. This requirement is waived for the initial license renewal. The continuing education shall meet the following requirements: (1) At least 20 hours shall be in pharmacotherapeutics. (2) No more than 15 hours may be in naturopathic medical journals or osteopathic or allopathic medical journals, or audio or videotaped presentations, slides, programmed instruction, or computer-assisted instruction or preceptorships. (3) No more than 20 hours may be in any single topic. (4) No more than 15 hours of the continuing education requirements for the specialty certificate in naturopathic childbirth attendance shall apply to the 60 hours of continuing education requirement. (5) Course content shall pertain to the practice of naturopathic, osteopathic, or allopathic medicine. (b) The continuing education requirements of this section may be met through continuing education courses approved by the board, the California Naturopathic Doctors Association, the North American Naturopathic Continuing Education Accreditation Council, the American Association of Naturopathic Physicians, the California State Board of Pharmacy, or the State Board of Chiropractic Examiners, or other courses that meet the standards for continuing education for licensed physicians and surgeons in California. All continuing education providers shall comply with Section 3635.2. Continuing education providers shall submit an annual declaration to the board that their educational activities satisfy the requirements described in Section 3635.2 and the board shall maintain a list of these providers on its internet website. (Amended by Stats. 2022, Ch. 414, Sec. 7. (AB 2685) Effective January 1, 2023. Repealed as of January 1, 2027, pursuant to Section 3686.)
  161. 3635.1.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 8.2. Naturopathic Doctors Act [3610 - 3686] ( Chapter 8.2 added by Stats. 2003, Ch. 485, Sec. 5. ) ## ARTICLE 3. Licensure [3630 - 3637] ( Article 3 added by Stats. 2003, Ch. 485, Sec. 5. )

    Verify source ↗

    A licensee must keep continuing education completion certificates for 6 years, and the committee may audit those records. A licensee must not give false or misleading continuing education information to the committee.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 8.2. Naturopathic Doctors Act [3610 - 3686] ( Chapter 8.2 added by Stats. 2003, Ch. 485, Sec. 5. ) ## ARTICLE 3. Licensure [3630 - 3637] ( Article 3 added by Stats. 2003, Ch. 485, Sec. 5. ) ## 3635.1. (a) A licensee shall retain certificates of continuing education course completion for six years. (b) The committee may audit licensees’ continuing education records to ensure that continuing education requirements are met. (c) It shall be unprofessional conduct for a licensee to furnish false or misleading information to the committee regarding continuing education. (Added by Stats. 2017, Ch. 600, Sec. 7. (SB 796) Effective January 1, 2018. Repealed as of January 1, 2027, pursuant to Section 3686.)
  162. 3635.2.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 8.2. Naturopathic Doctors Act [3610 - 3686] ( Chapter 8.2 added by Stats. 2003, Ch. 485, Sec. 5. ) ## ARTICLE 3. Licensure [3630 - 3637] ( Article 3 added by Stats. 2003, Ch. 485, Sec. 5. )

    Verify source ↗

    Continuing education providers must keep course content balanced, independent, objective, and scientifically rigorous, and must identify, disclose, and resolve conflicts of interest before presenting a course.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 8.2. Naturopathic Doctors Act [3610 - 3686] ( Chapter 8.2 added by Stats. 2003, Ch. 485, Sec. 5. ) ## ARTICLE 3. Licensure [3630 - 3637] ( Article 3 added by Stats. 2003, Ch. 485, Sec. 5. ) ## 3635.2. In addition to complying with subdivision (b) of Section 3635, the following shall apply to providers of continuing education: (a) The content of continuing education courses and related materials shall provide balance, independence, objectivity, and scientific rigor. All patient care recommendations from continuing education courses involving clinical medicine shall be based on evidence accepted by naturopathic doctors. All scientific research used to support patient care recommendations shall conform to generally accepted standards of experimental design, data collection, and analysis. (b) A conflict of interest is created when an individual in a position to control the content of a continuing education course, or his or her spouse or partner, has a relevant personal financial relationship within the past 12 months with a commercial entity that produces, markets, resells, or distributes health care goods or services consumed by, or used on patients that benefits the individual in any financial amount and therefore, may bias his or her opinions and teachings with respect to the content of continuing education courses. This may include receiving a salary, royalty, intellectual property rights, consulting fee, honoraria, ownership interest such as stocks, stock options or other ownership interest, excluding diversified mutual funds, or other financial benefit. Financial benefits are generally associated with roles such as employment, a management position, or an independent contractor position, including contracted research and clinical trials, consulting, speaking and teaching, membership on advisory committees or review panels, board membership, and other activities for which remuneration is received or expected. (c) Prior to a course being presented, continuing education providers shall identify, disclose, and resolve all conflicts of interest. Individuals who fail or refuse to disclose relevant financial relationships shall not be approved as a provider of continuing education as described in subdivision (b) of Section 3635. (d) Conflicts of interests shall be resolved by one of the following mechanisms: (1) Altering financial relationships. Individuals may change their relationships with commercial interests, such as discontinuance of contracted services, thereby eliminating any conflict of interest related to the continuing education content. (2) Altering control over content. An individual’s control of continuing education content may be altered in several ways to remove the opportunity to affect content related to the products and services of a commercial interest. These include the following: (A) Choose someone else to control that part of the content. If a proposed presenter or planner has a conflict of interest related to the content, someone else who does not have a relationship to the commercial interests related to the content may present or plan that part of the content. (B) Change the focus of the continuing education activity so that the content is not about products or services of the commercial interest that is the basis of the conflict of interest. (C) Change the content of the individual’s assignment so that it is no longer about products or services of the commercial interest. For example, an individual with a conflict of interest regarding products for treatment of a condition could address the pathophysiology or diagnosis of the condition, rather than therapeutics. (D) Limit the content to a report without recommendations. If an individual has been funded by a commercial entity to perform research, the individual’s presentation may be limited to the data and results of the research. Someone else may be assigned to address broader implications and recommendations. (E) Limit the sources for recommendations. Rather than having a person with a conflict of interest present personal recommendations or personally select the evidence to be presented, limit the role of the person to reporting recommendations based on formal structured reviews of the literature with the inclusion and exclusion criteria stated “evidence-based.” (3) Conflict of interest may be resolved if the continuing education material is peer reviewed and both of the following are met: (A) All the recommendations involving clinical medicine are based on evidence that is accepted within the profession of naturopathic medicine as adequate justification for indications and contraindications in the care of patients. (B) All scientific research referred to, reported, or used in the continuing education activity in support or justification of patient care recommendations conforms to the generally accepted standards of experimental design, data collection, and analysis. (Added by Stats. 2017, Ch. 600, Sec. 8. (SB 796) Effective January 1, 2018. Repealed as of January 1, 2027, pursuant to Section 3686.)
  163. 3636.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 8.2. Naturopathic Doctors Act [3610 - 3686] ( Chapter 8.2 added by Stats. 2003, Ch. 485, Sec. 5. ) ## ARTICLE 3. Licensure [3630 - 3637] ( Article 3 added by Stats. 2003, Ch. 485, Sec. 5. )

    Verify source ↗

    The board may put a naturopathic doctor on inactive status if requested in writing and the doctor is in good standing and meets Section 462.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 8.2. Naturopathic Doctors Act [3610 - 3686] ( Chapter 8.2 added by Stats. 2003, Ch. 485, Sec. 5. ) ## ARTICLE 3. Licensure [3630 - 3637] ( Article 3 added by Stats. 2003, Ch. 485, Sec. 5. ) ## 3636. (a) Upon a written request, the board may grant inactive status to a naturopathic doctor who is in good standing and who meets the requirements of Section 462. (b) A person whose license is in inactive status may not engage in any activity for which a license is required under this chapter. (c) A person whose license is in inactive status shall be exempt from continuing education requirements while their license is in that status. (d) To restore a license to active status, a person whose license is in inactive status shall fulfill continuing education requirements for the two-year period before reactivation and be current with all licensing fees as determined by the board. (Amended by Stats. 2024, Ch. 497, Sec. 34. (SB 1526) Effective January 1, 2025. Repealed as of January 1, 2027, pursuant to Section 3686.)
  164. 3637.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 8.2. Naturopathic Doctors Act [3610 - 3686] ( Chapter 8.2 added by Stats. 2003, Ch. 485, Sec. 5. ) ## ARTICLE 3. Licensure [3630 - 3637] ( Article 3 added by Stats. 2003, Ch. 485, Sec. 5. )

    Verify source ↗

    Only an individual may be licensed under this chapter.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 8.2. Naturopathic Doctors Act [3610 - 3686] ( Chapter 8.2 added by Stats. 2003, Ch. 485, Sec. 5. ) ## ARTICLE 3. Licensure [3630 - 3637] ( Article 3 added by Stats. 2003, Ch. 485, Sec. 5. ) ## 3637. Only an individual may be licensed under this chapter. (Added by Stats. 2003, Ch. 485, Sec. 5. Effective January 1, 2004. Repealed as of January 1, 2027, pursuant to Section 3686.)
  165. 3640.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 8.2. Naturopathic Doctors Act [3610 - 3686] ( Chapter 8.2 added by Stats. 2003, Ch. 485, Sec. 5. ) ## ARTICLE 4. Application of Chapter [3640 - 3645] ( Article 4 added by Stats. 2003, Ch. 485, Sec. 5. )

    Verify source ↗

    A naturopathic doctor may order and perform certain examinations, imaging, dispensing, procedures, and routes of administration, but must refer imaging studies to a licensed health care professional and must still meet applicable licensure requirements for clinical laboratory tests.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 8.2. Naturopathic Doctors Act [3610 - 3686] ( Chapter 8.2 added by Stats. 2003, Ch. 485, Sec. 5. ) ## ARTICLE 4. Application of Chapter [3640 - 3645] ( Article 4 added by Stats. 2003, Ch. 485, Sec. 5. ) ## 3640. (a) A naturopathic doctor may order and perform physical and laboratory examinations for diagnostic purposes, including, but not limited to, phlebotomy, clinical laboratory tests, speculum examinations, orificial examinations, and physiological function tests. (b) A naturopathic doctor may order diagnostic imaging studies, including X-ray, ultrasound, mammogram, bone densitometry, and others, consistent with naturopathic training as determined by the board, but shall refer the studies to an appropriately licensed health care professional to conduct the study and interpret the results. (c) A naturopathic doctor may dispense, administer, order, prescribe, and furnish or perform the following: (1) Food, extracts of food, nutraceuticals, vitamins, amino acids, minerals, enzymes, botanicals and their extracts, botanical medicines, homeopathic medicines, all dietary supplements, and nonprescription drugs as defined by the Federal Food, Drug, and Cosmetic Act (21 U.S.C. Sec. 301 et seq.) consistent with the routes of administration identified in subdivision (d). (2) Hot or cold hydrotherapy; naturopathic physical medicine inclusive of the manual use of massage, stretching, resistance, or joint play examination but exclusive of small amplitude movement at or beyond the end range of normal joint motion; electromagnetic energy; colon hydrotherapy; and therapeutic exercise. (3) Devices, including, but not limited to, therapeutic devices, barrier contraception, and durable medical equipment. (4) Health education and health counseling. (5) Repair and care incidental to superficial lacerations and abrasions, except suturing. (6) Removal of foreign bodies located in the superficial tissues. (d) A naturopathic doctor may utilize routes of administration that include oral, nasal, auricular, ocular, rectal, vaginal, transdermal, intradermal, subcutaneous, intravenous, and intramuscular. (e) The board may establish regulations regarding ocular or intravenous routes of administration that are consistent with the education and training of a naturopathic doctor. (f) Nothing in this section shall exempt a naturopathic doctor from meeting applicable licensure requirements for the performance of clinical laboratory tests, including the requirements imposed under Chapter 3 (commencing with Section 1200). (Amended by Stats. 2024, Ch. 497, Sec. 35. (SB 1526) Effective January 1, 2025. Repealed as of January 1, 2027, pursuant to Section 3686.)
  166. 3640.1.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 8.2. Naturopathic Doctors Act [3610 - 3686] ( Chapter 8.2 added by Stats. 2003, Ch. 485, Sec. 5. ) ## ARTICLE 4. Application of Chapter [3640 - 3645] ( Article 4 added by Stats. 2003, Ch. 485, Sec. 5. )

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    A naturopathic doctor may supervise and direct a licensed vocational nurse, but may not direct that nurse to do anything outside the naturopathic doctor’s scope of practice.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 8.2. Naturopathic Doctors Act [3610 - 3686] ( Chapter 8.2 added by Stats. 2003, Ch. 485, Sec. 5. ) ## ARTICLE 4. Application of Chapter [3640 - 3645] ( Article 4 added by Stats. 2003, Ch. 485, Sec. 5. ) ## 3640.1. (a) A naturopathic doctor may provide supervision and direction to a licensed vocational nurse in accordance with Sections 2859 and 2859.1. (b) A naturopathic doctor shall not direct a licensed vocational nurse under their employment to take any action outside the scope of practice of the naturopathic doctor. (Added by Stats. 2022, Ch. 713, Sec. 5. (SB 994) Effective January 1, 2023. Repealed as of January 1, 2027, pursuant to Section 3686.)
  167. 3640.2.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 8.2. Naturopathic Doctors Act [3610 - 3686] ( Chapter 8.2 added by Stats. 2003, Ch. 485, Sec. 5. ) ## ARTICLE 4. Application of Chapter [3640 - 3645] ( Article 4 added by Stats. 2003, Ch. 485, Sec. 5. )

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    A naturopathic assistant may perform specified clinical support tasks if authorized and supervised as required, and the board must seek recommendations before adopting regulations.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 8.2. Naturopathic Doctors Act [3610 - 3686] ( Chapter 8.2 added by Stats. 2003, Ch. 485, Sec. 5. ) ## ARTICLE 4. Application of Chapter [3640 - 3645] ( Article 4 added by Stats. 2003, Ch. 485, Sec. 5. ) ## 3640.2. Notwithstanding any other provision of law, a naturopathic assistant may do all of the following: (a) Administer medication only by intradermal, subcutaneous, or intramuscular injections and perform skin tests and additional technical support services upon the specific authorization and supervision of a licensed naturopathic doctor. A naturopathic assistant may also perform all these tasks and services in a clinic licensed pursuant to subdivision (a) of Section 1204 of the Health and Safety Code upon the specific authorization of a naturopathic doctor. (b) Perform venipuncture or skin puncture for the purposes of withdrawing blood upon specific authorization and under the supervision of a licensed naturopathic doctor if prior thereto the naturopathic assistant has met the educational and training requirements for medical assistants as established in Section 2070. A copy of any related certificates shall be retained as a record by each employer of the assistant. (c) Perform the following naturopathic technical support services: (1) Administer medications orally, sublingually, topically, vaginally, or rectally, or by providing a single dose to a patient for immediate self-administration. Administer medication by inhalation if the medications are patient-specific and have been or will be repetitively administered to the patient. In every instance, prior to administration of medication by the naturopathic assistant, the naturopathic doctor shall verify the correct medication and dosage. (2) Apply and remove bandages. (3) Collect by noninvasive techniques and preserve specimens for testing, including urine, sputum, semen, and stool. (4) Assist patients to and from a patient examination room or examination table. (5) As authorized by the naturopathic doctor, provide patient information and instructions. (6) Collect and record patient data, including height, weight, temperature, pulse, respiration rate, and blood pressure, and basic information about the presenting and previous conditions. (7) Perform simple laboratory and screening tests customarily performed in a medical office. (d) Perform additional naturopathic technical support services under the regulations and standards established by the board. The board, before the adoption of any regulations, shall request recommendations regarding these standards from appropriate public agencies, including, but not limited to, the Osteopathic Medical Board of California, the Medical Board of California, the Board of Registered Nursing, the Board of Vocational Nursing and Psychiatric Technicians of the State of California, the Laboratory Field Services division of the State Department of Public Health, and the Physical Therapy Board of California. The California Board of Naturopathic Medicine shall also request recommendations regarding these standards from associations of medical assistants, physicians, and others, as appropriate, including, but not limited to, the Osteopathic Physicians and Surgeons of California, the California Medical Association, the California Society of Medical Assistants, and the California Medical Assistants’ Association. Nothing in this subdivision shall be construed to supersede or modify that portion of the Administrative Procedure Act that relates to the procedure for the adoption of regulations set forth in Article 5 (commencing with Section 11346) of Chapter 3.5 of Part 1 of Division 3 of Title 2 of the Government Code. (Amended by Stats. 2024, Ch. 497, Sec. 36. (SB 1526) Effective January 1, 2025. Repealed as of January 1, 2027, pursuant to Section 3686.)
  168. 3640.3.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 8.2. Naturopathic Doctors Act [3610 - 3686] ( Chapter 8.2 added by Stats. 2003, Ch. 485, Sec. 5. ) ## ARTICLE 4. Application of Chapter [3640 - 3645] ( Article 4 added by Stats. 2003, Ch. 485, Sec. 5. )

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    A naturopathic assistant may not be employed for inpatient care in a licensed general acute care hospital.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 8.2. Naturopathic Doctors Act [3610 - 3686] ( Chapter 8.2 added by Stats. 2003, Ch. 485, Sec. 5. ) ## ARTICLE 4. Application of Chapter [3640 - 3645] ( Article 4 added by Stats. 2003, Ch. 485, Sec. 5. ) ## 3640.3. (a) Nothing in this chapter shall be construed as authorizing the licensure of naturopathic assistants. Nothing in this chapter shall be construed as authorizing the administration of local anesthetic agents by a naturopathic assistant. Nothing in this chapter shall be construed as authorizing the California Board of Naturopathic Medicine to adopt any regulations that violate the prohibitions on diagnosis or treatment in Section 2052. (b) Nothing in this chapter shall be construed as authorizing a naturopathic assistant to perform any clinical laboratory test or examination for which they are not authorized under Chapter 3 (commencing with Section 1200). (c) Notwithstanding any other law, a naturopathic assistant may not be employed for inpatient care in a licensed general acute care hospital, as defined in subdivision (a) of Section 1250 of the Health and Safety Code. (Amended by Stats. 2024, Ch. 497, Sec. 37. (SB 1526) Effective January 1, 2025. Repealed as of January 1, 2027, pursuant to Section 3686.)
  169. 3640.5.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 8.2. Naturopathic Doctors Act [3610 - 3686] ( Chapter 8.2 added by Stats. 2003, Ch. 485, Sec. 5. ) ## ARTICLE 4. Application of Chapter [3640 - 3645] ( Article 4 added by Stats. 2003, Ch. 485, Sec. 5. )

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    A naturopathic doctor may furnish or order drugs only under specified standardized procedures, supervision, and approval requirements.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 8.2. Naturopathic Doctors Act [3610 - 3686] ( Chapter 8.2 added by Stats. 2003, Ch. 485, Sec. 5. ) ## ARTICLE 4. Application of Chapter [3640 - 3645] ( Article 4 added by Stats. 2003, Ch. 485, Sec. 5. ) ## 3640.5. Nothing in this chapter or any other law shall be construed to prohibit a naturopathic doctor from furnishing or ordering drugs when all of the following apply: (a) The drugs are furnished or ordered by a naturopathic doctor in accordance with standardized procedures or protocols developed by the naturopathic doctor and their supervising physician and surgeon. (b) The naturopathic doctor is functioning pursuant to standardized procedure, as defined by subdivisions (a), (b), (d), (e), (h), and (i) of Section 2836.1 and paragraph (1) of subdivision (c) of Section 2836.1, or protocol. The standardized procedure or protocol shall be developed and approved by the supervising physician and surgeon, the naturopathic doctor, and, where applicable, the facility administrator or their designee. (c) The standardized procedure or protocol covering the furnishing of drugs shall specify which naturopathic doctors may furnish or order drugs, which drugs may be furnished or ordered under what circumstances, the extent of physician and surgeon supervision, the method of periodic review of the naturopathic doctor’s competence, including peer review, and review of the standardized procedure. (d) The furnishing or ordering of drugs by a naturopathic doctor occurs under physician and surgeon supervision. Physician and surgeon supervision shall not be construed to require the physical presence of the physician, but does include all of the following: (1) Collaboration on the development of the standardized procedure. (2) Approval of the standardized procedure. (3) Availability by telephonic contact at the time of patient examination by the naturopathic doctor. (e) For purposes of this section, a physician and surgeon shall not supervise more than four naturopathic doctors at one time. (f) Drugs furnished or ordered by a naturopathic doctor may include Schedule III through Schedule V controlled substances under the California Uniform Controlled Substances Act (Division 10 (commencing with Section 11000) of the Health and Safety Code) and shall be further limited to those drugs agreed upon by the naturopathic doctor and physician and surgeon as specified in the standardized procedure. When Schedule III controlled substances, as defined in Section 11056 of the Health and Safety Code, are furnished or ordered by a naturopathic doctor, the controlled substances shall be furnished or ordered in accordance with a patient-specific protocol approved by the treating or supervising physician. A copy of the section of the naturopathic doctor’s standardized procedure relating to controlled substances shall be provided upon request, to a licensed pharmacist who dispenses drugs, when there is uncertainty about the naturopathic doctor furnishing the order. (g) The board has certified that the naturopathic doctor has satisfactorily completed adequate coursework in pharmacology covering the drugs to be furnished or ordered under this section. The board shall establish the requirements for satisfactory completion of this subdivision. (h) Use of the term “furnishing” in this section, in health facilities defined in subdivisions (b), (c), (d), (e), and (i) of Section 1250 of the Health and Safety Code, shall include both of the following: (1) Ordering a drug in accordance with the standardized procedure. (2) Transmitting an order of a supervising physician and surgeon. (i) For purposes of this section, “drug order” or “order” means an order for medication which is dispensed to or for an ultimate user, issued by a naturopathic doctor as an individual practitioner, within the meaning of Section 1306.02 of Title 21 of the Code of Federal Regulations. (j) Notwithstanding any other law, the following apply: (1) A drug order issued pursuant to this section shall be treated in the same manner as a prescription of the supervising physician. (2) All references to prescription in this code and the Health and Safety Code shall include drug orders issued by naturopathic doctors. (3) The signature of a naturopathic doctor on a drug order issued in accordance with this section shall be deemed to be the signature of a prescriber for purposes of this code and the Health and Safety Code. (Amended by Stats. 2024, Ch. 497, Sec. 38. (SB 1526) Effective January 1, 2025. Repealed as of January 1, 2027, pursuant to Section 3686.)
  170. 3640.7.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 8.2. Naturopathic Doctors Act [3610 - 3686] ( Chapter 8.2 added by Stats. 2003, Ch. 485, Sec. 5. ) ## ARTICLE 4. Application of Chapter [3640 - 3645] ( Article 4 added by Stats. 2003, Ch. 485, Sec. 5. )

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    A naturopathic doctor may independently prescribe and administer listed substances, subject to a chemical-identity condition for some items.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 8.2. Naturopathic Doctors Act [3610 - 3686] ( Chapter 8.2 added by Stats. 2003, Ch. 485, Sec. 5. ) ## ARTICLE 4. Application of Chapter [3640 - 3645] ( Article 4 added by Stats. 2003, Ch. 485, Sec. 5. ) ## 3640.7. Notwithstanding the requirements of Section 3640.5 or any other provision of this chapter, a naturopathic doctor may independently prescribe and administer the following: (a) Epinephrine to treat anaphylaxis. (b) Natural and synthetic hormones. (c) Vitamins, minerals, amino acids, glutathione, botanicals and their extracts, homeopathic medicines, electrolytes, sugars, and diluents that may be administered utilizing routes of administration, pursuant to subdivision (d) of Section 3640, only when such substances are chemically identical to those for sale without a prescription. (Amended by Stats. 2012, Ch. 333, Sec. 2. (SB 1446) Effective January 1, 2013. Repealed as of January 1, 2027, pursuant to Section 3686.)
  171. 3640.8.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 8.2. Naturopathic Doctors Act [3610 - 3686] ( Chapter 8.2 added by Stats. 2003, Ch. 485, Sec. 5. ) ## ARTICLE 4. Application of Chapter [3640 - 3645] ( Article 4 added by Stats. 2003, Ch. 485, Sec. 5. )

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    A naturopathic doctor may qualify to administer IV therapy only by having a current California naturopathic doctor’s license and completing a board-approved IV therapy course.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 8.2. Naturopathic Doctors Act [3610 - 3686] ( Chapter 8.2 added by Stats. 2003, Ch. 485, Sec. 5. ) ## ARTICLE 4. Application of Chapter [3640 - 3645] ( Article 4 added by Stats. 2003, Ch. 485, Sec. 5. ) ## 3640.8. (a) To qualify to administer intravenous (IV) therapy in their practice pursuant to Section 3640.7, a naturopathic doctor shall demonstrate that they have complied with both of the following requirements: (1) Have a current naturopathic doctor’s license in this state. (2) Have completed a qualifying course on IV therapy from a course provider approved by the board. (b) The qualifying course shall consist of a minimum of 25 classroom hours on IV administration through injection of applicable naturopathic formulary substances, of which at least 14 classroom hours shall be identified as practicum. At a minimum, the qualifying course shall have covered all of the following topics: (1) Evaluation of laboratory results, including, but not limited to, the fluid status, cardiovascular status, and kidney function of the patient. (2) The use of IV fluids, including, but not limited to, osmolarity calculations, diluents, and admixtures pertinent to IV therapeutics. (3) Sterile techniques and admixing. (4) Vein and site selection, site preparation, and insertion techniques. (5) Complications with therapies, nutrient and drug interactions, errors and adverse reactions, reporting errors to appropriate agencies, error prevention, and followup with patient complications. (6) Emergency protocols, management, and referral. (7) Pharmacology, indications, preparation, and IV administration of vitamins, minerals, amino acids, glutathione, botanicals and their extracts, homeopathic medicines, electrolytes, sugars, and diluents. (8) Practicum, including, but not limited to, the following: (A) Observation of at least 10 IV setups, including administration and management. (B) Successful completion of at least 10 IV setups, including administration and management. (9) Successful completion of an examination with 70 percent or greater correct answers to a minimum of 50 questions, where 10 percent or more of the questions have direct content to the California formulary. (c) For the purposes of the qualifying course required by this section, one classroom hour is defined as 50 minutes out of each 60-minute segment and may include time devoted to examinations. No credit shall be granted for distance education, including, but not limited to, correspondence courses, internet courses, or video or remote television offerings. (d) Pursuant to subdivision (e) of Section 3640, the board may establish regulations regarding IV administration that are consistent with the education and training of a naturopathic doctor. (Amended by Stats. 2024, Ch. 497, Sec. 39. (SB 1526) Effective January 1, 2025. Repealed as of January 1, 2027, pursuant to Section 3686.)
  172. 3641.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 8.2. Naturopathic Doctors Act [3610 - 3686] ( Chapter 8.2 added by Stats. 2003, Ch. 485, Sec. 5. ) ## ARTICLE 4. Application of Chapter [3640 - 3645] ( Article 4 added by Stats. 2003, Ch. 485, Sec. 5. )

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    A naturopathic doctor must document treatment details in the patient record and keep patient records for the required retention periods.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 8.2. Naturopathic Doctors Act [3610 - 3686] ( Chapter 8.2 added by Stats. 2003, Ch. 485, Sec. 5. ) ## ARTICLE 4. Application of Chapter [3640 - 3645] ( Article 4 added by Stats. 2003, Ch. 485, Sec. 5. ) ## 3641. (a) A naturopathic doctor shall document their observations, diagnosis, and summary of treatment in the patient record. Patient records shall be maintained for a period of not less than seven years following the discharge of the patient. The records of an unemancipated minor shall be maintained until at least one year after the minor has reached 18 years of age or seven years following the discharge of the minor, whichever is longer. (b) A naturopathic doctor shall have the same authority and responsibility as a licensed physician and surgeon with regard to public health laws, including laws governing reportable diseases and conditions, communicable disease control and prevention, recording vital statistics, and performing health and physical examinations consistent with their education and training. (Amended by Stats. 2024, Ch. 497, Sec. 40. (SB 1526) Effective January 1, 2025. Repealed as of January 1, 2027, pursuant to Section 3686.)
  173. 3642.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 8.2. Naturopathic Doctors Act [3610 - 3686] ( Chapter 8.2 added by Stats. 2003, Ch. 485, Sec. 5. ) ## ARTICLE 4. Application of Chapter [3640 - 3645] ( Article 4 added by Stats. 2003, Ch. 485, Sec. 5. )

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    A naturopathic doctor may not do listed medical procedures or treatments, including prescribing certain controlled substances, radiation, anesthesia, abortion, surgery, or acupuncture unless separately licensed.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 8.2. Naturopathic Doctors Act [3610 - 3686] ( Chapter 8.2 added by Stats. 2003, Ch. 485, Sec. 5. ) ## ARTICLE 4. Application of Chapter [3640 - 3645] ( Article 4 added by Stats. 2003, Ch. 485, Sec. 5. ) ## 3642. A naturopathic doctor may not perform any of the following functions: (a) Prescribe, dispense, or administer a controlled substance or device identified in Sections 801 to 971, inclusive, of Title 21 of the United States Code, except as authorized by this chapter. (b) Administer therapeutic ionizing radiation or radioactive substances. (c) Practice or claim to practice any other system or method of treatment beyond that authorized by this chapter, for which licensure is required, unless otherwise licensed to do so. (d) Administer general or spinal anesthesia. (e) Perform an abortion. (f) Perform any surgical procedure. (g) Perform acupuncture or traditional Chinese and Asian medicine, including Chinese herbal medicine, unless licensed as an acupuncturist as defined in subdivision (c) of Section 4927. (Amended by Stats. 2005, Ch. 649, Sec. 3. Effective January 1, 2006. Repealed as of January 1, 2027, pursuant to Section 3686.)
  174. 3643.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 8.2. Naturopathic Doctors Act [3610 - 3686] ( Chapter 8.2 added by Stats. 2003, Ch. 485, Sec. 5. ) ## ARTICLE 4. Application of Chapter [3640 - 3645] ( Article 4 added by Stats. 2003, Ch. 485, Sec. 5. )

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    This section says the chapter does not authorize a naturopathic doctor to practice medicine except as specifically allowed here.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 8.2. Naturopathic Doctors Act [3610 - 3686] ( Chapter 8.2 added by Stats. 2003, Ch. 485, Sec. 5. ) ## ARTICLE 4. Application of Chapter [3640 - 3645] ( Article 4 added by Stats. 2003, Ch. 485, Sec. 5. ) ## 3643. This chapter may not be construed to authorize a naturopathic doctor to practice medicine, as defined under Chapter 5 (commencing with Section 2000), except as specifically authorized in this chapter. (Added by Stats. 2003, Ch. 485, Sec. 5. Effective January 1, 2004. Repealed as of January 1, 2027, pursuant to Section 3686.)
  175. 3643.5.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 8.2. Naturopathic Doctors Act [3610 - 3686] ( Chapter 8.2 added by Stats. 2003, Ch. 485, Sec. 5. ) ## ARTICLE 4. Application of Chapter [3640 - 3645] ( Article 4 added by Stats. 2003, Ch. 485, Sec. 5. )

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    This section says the chapter cannot be used to restrict certain other licensed healing-arts practices or activities that do not require licensure or are otherwise allowed by law, if performed within the stated conditions.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 8.2. Naturopathic Doctors Act [3610 - 3686] ( Chapter 8.2 added by Stats. 2003, Ch. 485, Sec. 5. ) ## ARTICLE 4. Application of Chapter [3640 - 3645] ( Article 4 added by Stats. 2003, Ch. 485, Sec. 5. ) ## 3643.5. (a) This chapter may not be construed to limit the practice of a person licensed, certified, or registered under any other provision of law relating to the healing arts when the person is engaged in his or her authorized and licensed practice. (b) This chapter may not be construed to limit an activity that does not require licensure or is otherwise allowed by law, including the practice of naturopathy, when performed consistent with Sections 2053.5 and 2053.6. (Added by Stats. 2003, Ch. 485, Sec. 5. Effective January 1, 2004. Repealed as of January 1, 2027, pursuant to Section 3686.)
  176. 3644.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 8.2. Naturopathic Doctors Act [3610 - 3686] ( Chapter 8.2 added by Stats. 2003, Ch. 485, Sec. 5. ) ## ARTICLE 4. Application of Chapter [3640 - 3645] ( Article 4 added by Stats. 2003, Ch. 485, Sec. 5. )

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    This section says chapter 8.2 does not restrict several listed people and activities, and it bars an unlicensed person from using the title “naturopathic doctor” unless licensed by the board.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 8.2. Naturopathic Doctors Act [3610 - 3686] ( Chapter 8.2 added by Stats. 2003, Ch. 485, Sec. 5. ) ## ARTICLE 4. Application of Chapter [3640 - 3645] ( Article 4 added by Stats. 2003, Ch. 485, Sec. 5. ) ## 3644. This chapter does not prevent or restrict the practice, services, or activities of any of the following: (a) A person licensed, certified, or otherwise recognized in this state by any other law or regulation if that person is engaged in the profession or occupation for which they are licensed, certified, or otherwise recognized. (b) A person employed by the federal government in the practice of naturopathic medicine while the person is engaged in the performance of duties prescribed by laws and regulations of the United States. (c) A person rendering aid to a family member or in an emergency, if no fee or other consideration for the service is charged, received, expected, or contemplated. (d) (1) A person who makes recommendations regarding or is engaged in the sale of food, extracts of food, nutraceuticals, vitamins, amino acids, minerals, enzymes, botanicals and their extracts, botanical medicines, homeopathic medicines, dietary supplements, and nonprescription drugs or other products of nature, the sale of which is not otherwise prohibited under state or federal law. (2) An unlicensed person described in this subdivision may represent that they “practice naturopathy” if they comply with Section 2053.6. However, an unlicensed person may not use the title “naturopathic doctor” unless they have been issued a license by the board. (e) A person engaged in good faith in the practice of the religious tenets of any church or religious belief without using prescription drugs. (f) A person acting in good faith for religious reasons as a matter of conscience or based on a personal belief, while obtaining or providing information regarding health care and the use of any product described in subdivision (d). (g) A person who provides the following recommendations regarding the human body and its function: (1) Nonprescription products. (2) Natural elements such as air, heat, water, and light. (3) Class I or class II nonprescription, approved medical devices, as defined in Section 360c of Title 21 of the United States Code. (4) Vitamins, minerals, herbs, homeopathics, natural food products and their extracts, and nutritional supplements. (h) A person who is licensed in another state, territory, or the District of Columbia to practice naturopathic medicine if the person is incidentally called into this state for consultation with a naturopathic doctor. (i) A student enrolled in an approved naturopathic medical program whose services are performed pursuant to a course of instruction under the supervision of a naturopathic doctor. (Amended by Stats. 2024, Ch. 497, Sec. 41. (SB 1526) Effective January 1, 2025. Repealed as of January 1, 2027, pursuant to Section 3686.)
  177. 3645.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 8.2. Naturopathic Doctors Act [3610 - 3686] ( Chapter 8.2 added by Stats. 2003, Ch. 485, Sec. 5. ) ## ARTICLE 4. Application of Chapter [3640 - 3645] ( Article 4 added by Stats. 2003, Ch. 485, Sec. 5. )

    Verify source ↗

    This section lets qualified naturopathic persons use certain naturopathic titles and says they do not need a license under this chapter.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 8.2. Naturopathic Doctors Act [3610 - 3686] ( Chapter 8.2 added by Stats. 2003, Ch. 485, Sec. 5. ) ## ARTICLE 4. Application of Chapter [3640 - 3645] ( Article 4 added by Stats. 2003, Ch. 485, Sec. 5. ) ## 3645. (a) This chapter permits, and does not restrict, the use of the following titles by persons who are educated and trained as any of the following: (1) “Naturopath.” (2) “Naturopathic practitioner.” (3) “Traditional naturopathic practitioner.” (b) This chapter permits, and does not restrict, the education of persons as described in paragraphs (1) to (3), inclusive, of subdivision (a). Those persons are not required to be licensed under this chapter. (Amended by Stats. 2017, Ch. 600, Sec. 10. (SB 796) Effective January 1, 2018. Repealed as of January 1, 2027, pursuant to Section 3686.)
  178. 3650.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 8.2. Naturopathic Doctors Act [3610 - 3686] ( Chapter 8.2 added by Stats. 2003, Ch. 485, Sec. 5. ) ## ARTICLE 5. Naturopathic Childbirth Attendance [3650 - 3655] ( Article 5 added by Stats. 2003, Ch. 485, Sec. 5. )

    Verify source ↗

    A naturopathic doctor may perform naturopathic childbirth attendance only after completing additional training and receiving a certificate of specialty practice from the board.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 8.2. Naturopathic Doctors Act [3610 - 3686] ( Chapter 8.2 added by Stats. 2003, Ch. 485, Sec. 5. ) ## ARTICLE 5. Naturopathic Childbirth Attendance [3650 - 3655] ( Article 5 added by Stats. 2003, Ch. 485, Sec. 5. ) ## 3650. A naturopathic doctor may perform naturopathic childbirth attendance if they have completed additional training and have been granted a certificate of specialty practice by the board. (Amended by Stats. 2024, Ch. 497, Sec. 42. (SB 1526) Effective January 1, 2025. Repealed as of January 1, 2027, pursuant to Section 3686.)
  179. 3651.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 8.2. Naturopathic Doctors Act [3610 - 3686] ( Chapter 8.2 added by Stats. 2003, Ch. 485, Sec. 5. ) ## ARTICLE 5. Naturopathic Childbirth Attendance [3650 - 3655] ( Article 5 added by Stats. 2003, Ch. 485, Sec. 5. )

    Verify source ↗

    A naturopathic doctor seeking certification for naturopathic childbirth attendance must pass an approved exam and satisfy the board that one listed education-or-licensure path is met.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 8.2. Naturopathic Doctors Act [3610 - 3686] ( Chapter 8.2 added by Stats. 2003, Ch. 485, Sec. 5. ) ## ARTICLE 5. Naturopathic Childbirth Attendance [3650 - 3655] ( Article 5 added by Stats. 2003, Ch. 485, Sec. 5. ) ## 3651. In order to be certified for the specialty practice of naturopathic childbirth attendance, a naturopathic doctor shall obtain a passing grade on the American College of Nurse Midwives Written Examination, the American College of Naturopathic Obstetricians Examination, or a substantially equivalent examination approved by the board, and shall establish, to the board’s satisfaction, compliance with one of the following requirements: (a) Successful completion of a certificate of midwifery or naturopathic obstetrics specialty from an approved naturopathic medical education program consisting of not less than 84 semester units or 126 quarter units that substantially complies with the following educational standards and requirements: (1) The curriculum is presented in semester or quarter units under the following formula: (A) One hour of instruction in theory each week throughout a semester or quarter equals one unit. (B) Three hours of clinical practice each week throughout a semester or quarter equals one unit. (2) The program provides both academic and clinical preparation that is substantially equivalent to that provided in a program accredited by the American College of Nurse Midwives. The program includes, but is not limited to, preparation in all of the following areas: (A) The art and science of midwifery, one-half of which shall be in theory and one-half of which shall be in clinical practice. Theory and clinical practice shall be concurrent in the areas of maternal and child health, including, but not limited to, labor and delivery, neonatal well care, and postpartum care. (B) Communications skills that include the principles of oral, written, and group communications. (C) Anatomy and physiology, genetics, obstetrics and gynecology, embryology and fetal development, neonatology, applied microbiology, chemistry, child growth and development, pharmacology, nutrition, laboratory diagnostic tests and procedures, and physical assessment. (D) Concepts in psychosocial, emotional, and cultural aspects of maternal and child care, human sexuality, counseling and teaching, maternal and infant and family bonding process, breast feeding, family planning, principles of preventive health, and community health. (E) Aspects of the normal pregnancy, labor and delivery, postpartum period, newborn care, family planning, or routine gynecological care in alternative birth centers, homes, and hospitals. (3) The program integrates the following subjects throughout its entire curriculum: (A) Midwifery process. (B) Basic intervention skills in preventive, remedial, and supportive midwifery. (C) The knowledge and skills required to develop collegial relationships with health care providers from other disciplines. (D) Related behavioral and social sciences with emphasis on societal and cultural patterns, human development, and behavior related to maternal and child health, illness, and wellness. (4) Instruction in personal hygiene, client abuse, cultural diversity, and the legal, social, and ethical aspects of midwifery. (5) Instruction in the midwifery management process which shall include all of the following: (A) Obtaining or updating a defined and relevant database for assessment of the health status of the client. (B) Identifying problems based upon correct interpretation of the database. (C) Preparing a defined needs or problem list, or both, with corroboration from the client. (D) Consulting, collaborating with, and referring to, appropriate members of the health care team. (E) Providing information to enable clients to make appropriate decisions and to assume appropriate responsibility for their own health. (F) Assuming direct responsibility for the development of comprehensive, supportive care for the client and with the client. (G) Assuming direct responsibility for implementing the plan of care. (H) Initiating appropriate measures for obstetrical and neonatal emergencies. (I) Evaluating, with corroboration from the client, the achievement of health care goals and modifying the plan of care appropriately. (b) Successful completion of an educational program that the board has determined satisfies the criteria of subdivision (a) and current licensure as a midwife by a state with licensing standards that have been found by the board to be substantially equivalent to those adopted by the board pursuant to this article. (Amended by Stats. 2022, Ch. 414, Sec. 8. (AB 2685) Effective January 1, 2023. Repealed as of January 1, 2027, pursuant to Section 3686.)
  180. 3651.5.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 8.2. Naturopathic Doctors Act [3610 - 3686] ( Chapter 8.2 added by Stats. 2003, Ch. 485, Sec. 5. ) ## ARTICLE 5. Naturopathic Childbirth Attendance [3650 - 3655] ( Article 5 added by Stats. 2003, Ch. 485, Sec. 5. )

    Verify source ↗

    A certified naturopathic doctor doing naturopathic childbirth attendance must keep current neonatal resuscitation and CPR certification and file a written plan with the board.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 8.2. Naturopathic Doctors Act [3610 - 3686] ( Chapter 8.2 added by Stats. 2003, Ch. 485, Sec. 5. ) ## ARTICLE 5. Naturopathic Childbirth Attendance [3650 - 3655] ( Article 5 added by Stats. 2003, Ch. 485, Sec. 5. ) ## 3651.5. A naturopathic doctor certified for the specialty practice of naturopathic childbirth attendance shall do both of the following: (a) Maintain current certification in neonatal resuscitation and cardiopulmonary resuscitation. (b) File with the board a written plan for the following: (1) Consultation with other health care providers. (2) Supervision by a licensed physician and surgeon who has current practice or training in obstetrics to assist a woman in childbirth so long as progress meets criteria accepted as normal. The plan shall provide that all complications shall be referred to a physician and surgeon immediately. (3) Emergency transfer and transport of an infant or a maternity patient, or both, to an appropriate health care facility, and access to neonatal intensive care units and obstetrical units or other patient care areas. (Amended by Stats. 2024, Ch. 497, Sec. 43. (SB 1526) Effective January 1, 2025. Repealed as of January 1, 2027, pursuant to Section 3686.)
  181. 3652.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 8.2. Naturopathic Doctors Act [3610 - 3686] ( Chapter 8.2 added by Stats. 2003, Ch. 485, Sec. 5. ) ## ARTICLE 5. Naturopathic Childbirth Attendance [3650 - 3655] ( Article 5 added by Stats. 2003, Ch. 485, Sec. 5. )

    Verify source ↗

    The specialty certificate expires when the naturopathic doctor’s license expires, and it may be renewed if the renewal fee is paid and the board is satisfied with 30 hours of qualifying continuing education.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 8.2. Naturopathic Doctors Act [3610 - 3686] ( Chapter 8.2 added by Stats. 2003, Ch. 485, Sec. 5. ) ## ARTICLE 5. Naturopathic Childbirth Attendance [3650 - 3655] ( Article 5 added by Stats. 2003, Ch. 485, Sec. 5. ) ## 3652. (a) A certificate of specialty practice in naturopathic childbirth attendance shall expire concurrently with the licensee’s naturopathic doctor’s license. (b) The certificate may be renewed upon submission of the renewal fee set by the board and evidence, to the board’s satisfaction, of the completion of 30 hours of continuing education credits in naturopathic childbirth, midwifery, or obstetrics. Fifteen hours may be applied to the 60 hours of continuing education required for naturopathic doctors. (c) Licensing or disciplinary action by the board or a judicial authority shall be deemed to have an equal effect upon the specialty certificate to practice naturopathic childbirth issued to a licensee, unless otherwise specified in the licensing or disciplinary action. When the subject of a licensing or disciplinary action relates specifically to the practice of naturopathic childbirth by a licensee holding a specialty certificate, the action may, instead of affecting the entire scope of the licensee’s practice, suspend, revoke, condition, or restrict only the licensee’s authority under the specialty certificate. (Amended by Stats. 2024, Ch. 497, Sec. 44. (SB 1526) Effective January 1, 2025. Repealed as of January 1, 2027, pursuant to Section 3686.)
  182. 3653.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 8.2. Naturopathic Doctors Act [3610 - 3686] ( Chapter 8.2 added by Stats. 2003, Ch. 485, Sec. 5. ) ## ARTICLE 5. Naturopathic Childbirth Attendance [3650 - 3655] ( Article 5 added by Stats. 2003, Ch. 485, Sec. 5. )

    Verify source ↗

    This section says naturopathic childbirth attendance does not include forceps delivery, general or spinal anesthesia, cesarean section delivery, or managing complications in pregnancy, labor, delivery, or the neonatal period.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 8.2. Naturopathic Doctors Act [3610 - 3686] ( Chapter 8.2 added by Stats. 2003, Ch. 485, Sec. 5. ) ## ARTICLE 5. Naturopathic Childbirth Attendance [3650 - 3655] ( Article 5 added by Stats. 2003, Ch. 485, Sec. 5. ) ## 3653. (a) Naturopathic childbirth attendance does not include the use or performance of any of the following: (1) Forceps delivery. (2) General or spinal anesthesia. (3) Cesarean section delivery. (4) Episiotomies, except to the extent that they meet the same supervision requirements set forth in Section 2746.52. (b) Naturopathic childbirth attendance does not mean the management of complications in pregnancy, labor, delivery, or the neonatal period. All complications shall be referred to an obstetrician or other licensed physician and surgeon as appropriate. (Added by Stats. 2003, Ch. 485, Sec. 5. Effective January 1, 2004. Repealed as of January 1, 2027, pursuant to Section 3686.)
  183. 3654.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 8.2. Naturopathic Doctors Act [3610 - 3686] ( Chapter 8.2 added by Stats. 2003, Ch. 485, Sec. 5. ) ## ARTICLE 5. Naturopathic Childbirth Attendance [3650 - 3655] ( Article 5 added by Stats. 2003, Ch. 485, Sec. 5. )

    Verify source ↗

    A naturopathic doctor with a specialty certificate in naturopathic childbirth attendance may administer, order, or perform the listed drugs, vaccines, fluids, equipment, and related maternal-care items.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 8.2. Naturopathic Doctors Act [3610 - 3686] ( Chapter 8.2 added by Stats. 2003, Ch. 485, Sec. 5. ) ## ARTICLE 5. Naturopathic Childbirth Attendance [3650 - 3655] ( Article 5 added by Stats. 2003, Ch. 485, Sec. 5. ) ## 3654. In addition to Section 3640, a naturopathic doctor who holds a specialty certificate in naturopathic childbirth attendance may administer, order, or perform any of the following: (a) Postpartum antihemorrhagic drugs. (b) Prophylactic opthalmic antibiotics. (c) Vitamin K. (d) RhoGAM. (e) Local anesthetic medications. (f) Intravenous fluids limited to lactated ringers, 5 percent dextrose with lactated ringers, and heparin and 0.9 percent sodium chloride for use in intravenous locks. (g) Epinephrine for use in maternal anaphylaxis pending emergency transport. (h) Measles, mumps, and rubella (MMR) vaccine to nonimmune, nonpregnant women. (i) HBIG and GBV for neonates born to hepatitis B mothers, per current Centers for Disease Control guidelines. (j) Antibiotics for intrapartum prophylaxis of Group B Betahemolytic Streptococcus (GBBS), per current Centers For Disease Control guidelines. (k) Equipment incidental to the practice of naturopathic childbirth, specifically, dopplers, syringes, needles, phlebotomy equipment, suture, urinary catheters, intravenous equipment, amnihooks, airway suction devices, neonatal and adult resuscitation equipment, glucometer, and centrifuge. (l) Equipment incidental to maternal care, specifically, compression stockings, maternity belts, breast pumps, diaphragms, and cervical caps. (Added by Stats. 2003, Ch. 485, Sec. 5. Effective January 1, 2004. Repealed as of January 1, 2027, pursuant to Section 3686.)
  184. 3655.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 8.2. Naturopathic Doctors Act [3610 - 3686] ( Chapter 8.2 added by Stats. 2003, Ch. 485, Sec. 5. ) ## ARTICLE 5. Naturopathic Childbirth Attendance [3650 - 3655] ( Article 5 added by Stats. 2003, Ch. 485, Sec. 5. )

    Verify source ↗

    A naturopathic childbirth attendance licensee with the specialty certificate must give each client written disclosures and ensure the form is signed, filed, and copied to the client.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 8.2. Naturopathic Doctors Act [3610 - 3686] ( Chapter 8.2 added by Stats. 2003, Ch. 485, Sec. 5. ) ## ARTICLE 5. Naturopathic Childbirth Attendance [3650 - 3655] ( Article 5 added by Stats. 2003, Ch. 485, Sec. 5. ) ## 3655. (a) A licensee holding a speciality certificate in naturopathic childbirth attendance shall disclose to each client, in writing, the following: (1) The qualifications and credentials of the naturopathic doctor. (2) A copy of the written plan for consultation, emergency transfer, and transport. (3) A description of the procedures, benefits, and risks of birth in the home or outside of a hospital setting. (4) The status of liability coverage of the licensee for the practice of naturopathic childbirth attendance. (b) The form must be signed by the client, filed in the client’s chart, and a copy given to the client. (Added by Stats. 2003, Ch. 485, Sec. 5. Effective January 1, 2004. Repealed as of January 1, 2027, pursuant to Section 3686.)
  185. 3660.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 8.2. Naturopathic Doctors Act [3610 - 3686] ( Chapter 8.2 added by Stats. 2003, Ch. 485, Sec. 5. ) ## ARTICLE 6. Offenses and Enforcement [3660 - 3664] ( Article 6 added by Stats. 2003, Ch. 485, Sec. 5. )

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    A person must hold a valid, unrevoked, or unsuspended license issued under this chapter before claiming to be a naturopathic doctor or using related titles and symbols.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 8.2. Naturopathic Doctors Act [3610 - 3686] ( Chapter 8.2 added by Stats. 2003, Ch. 485, Sec. 5. ) ## ARTICLE 6. Offenses and Enforcement [3660 - 3664] ( Article 6 added by Stats. 2003, Ch. 485, Sec. 5. ) ## 3660. Except as provided in subdivision (h) of Section 3644, a person shall have a valid, unrevoked, or unsuspended license issued under this chapter to do any of the following: (a) To claim to be a naturopathic doctor, licensed naturopathic doctor, doctor of naturopathic medicine, doctor of naturopathy, or naturopathic medical doctor. (b) To use the professional designation “N.D.” or other titles, words, letters, or symbols with the intent to represent that they practice, are authorized to practice, or are able to practice naturopathic medicine as a naturopathic doctor. (Amended by Stats. 2024, Ch. 497, Sec. 45. (SB 1526) Effective January 1, 2025. Repealed as of January 1, 2027, pursuant to Section 3686.)
  186. 3661.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 8.2. Naturopathic Doctors Act [3610 - 3686] ( Chapter 8.2 added by Stats. 2003, Ch. 485, Sec. 5. ) ## ARTICLE 6. Offenses and Enforcement [3660 - 3664] ( Article 6 added by Stats. 2003, Ch. 485, Sec. 5. )

    Verify source ↗

    If a naturopathic doctor uses “Dr.”, they must also identify themselves with a naturopathic title, and they may not use a title that suggests they practice medicine unless they have another listed license.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 8.2. Naturopathic Doctors Act [3610 - 3686] ( Chapter 8.2 added by Stats. 2003, Ch. 485, Sec. 5. ) ## ARTICLE 6. Offenses and Enforcement [3660 - 3664] ( Article 6 added by Stats. 2003, Ch. 485, Sec. 5. ) ## 3661. A naturopathic doctor who uses the term or designation “Dr.” shall further identify themselves as “Naturopathic Doctor,” “Licensed Naturopathic Doctor,” “Doctor of Naturopathic Medicine,” or “Doctor of Naturopathy” and shall not use any term or designation that would tend to indicate the practice of medicine, other than naturopathic medicine, unless otherwise licensed as a physician and surgeon, osteopathic doctor, or doctor of chiropractic. (Amended by Stats. 2024, Ch. 497, Sec. 46. (SB 1526) Effective January 1, 2025. Repealed as of January 1, 2027, pursuant to Section 3686.)
  187. 3662.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 8.2. Naturopathic Doctors Act [3610 - 3686] ( Chapter 8.2 added by Stats. 2003, Ch. 485, Sec. 5. ) ## ARTICLE 6. Offenses and Enforcement [3660 - 3664] ( Article 6 added by Stats. 2003, Ch. 485, Sec. 5. )

    Verify source ↗

    A naturopathic doctor commits unprofessional conduct by violating, trying to violate, helping violate, or conspiring to violate this chapter or any regulation under it.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 8.2. Naturopathic Doctors Act [3610 - 3686] ( Chapter 8.2 added by Stats. 2003, Ch. 485, Sec. 5. ) ## ARTICLE 6. Offenses and Enforcement [3660 - 3664] ( Article 6 added by Stats. 2003, Ch. 485, Sec. 5. ) ## 3662. It shall constitute unprofessional conduct for a naturopathic doctor to violate, attempt to violate, assist in the violation of, or conspire to violate, any provision or term of this chapter or any regulation adopted under it. (Added by Stats. 2003, Ch. 485, Sec. 5. Effective January 1, 2004. Repealed as of January 1, 2027, pursuant to Section 3686.)
  188. 3663.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 8.2. Naturopathic Doctors Act [3610 - 3686] ( Chapter 8.2 added by Stats. 2003, Ch. 485, Sec. 5. ) ## ARTICLE 6. Offenses and Enforcement [3660 - 3664] ( Article 6 added by Stats. 2003, Ch. 485, Sec. 5. )

    Verify source ↗

    The board must review the quality of naturopathic medicine practice, and it may discipline naturopathic doctors for unprofessional conduct.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 8.2. Naturopathic Doctors Act [3610 - 3686] ( Chapter 8.2 added by Stats. 2003, Ch. 485, Sec. 5. ) ## ARTICLE 6. Offenses and Enforcement [3660 - 3664] ( Article 6 added by Stats. 2003, Ch. 485, Sec. 5. ) ## 3663. (a) The board shall have the responsibility for reviewing the quality of the practice of naturopathic medicine carried out by persons licensed as naturopathic doctors pursuant to this chapter. (b) The board may discipline a naturopathic doctor for unprofessional conduct. After a hearing conducted in accordance with the Administrative Procedure Act (Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code), the board may deny, suspend, revoke, or place on probation the license of, or reprimand, censure, or otherwise discipline a naturopathic doctor in accordance with Division 1.5 (commencing with Section 475). (Amended by Stats. 2024, Ch. 497, Sec. 47. (SB 1526) Effective January 1, 2025. Repealed as of January 1, 2027, pursuant to Section 3686.)
  189. 3663.5.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 8.2. Naturopathic Doctors Act [3610 - 3686] ( Chapter 8.2 added by Stats. 2003, Ch. 485, Sec. 5. ) ## ARTICLE 6. Offenses and Enforcement [3660 - 3664] ( Article 6 added by Stats. 2003, Ch. 485, Sec. 5. )

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    The board must make probation disclosures and post probation information online, and licensees on probation must give patients a signed copy unless an exception applies.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 8.2. Naturopathic Doctors Act [3610 - 3686] ( Chapter 8.2 added by Stats. 2003, Ch. 485, Sec. 5. ) ## ARTICLE 6. Offenses and Enforcement [3660 - 3664] ( Article 6 added by Stats. 2003, Ch. 485, Sec. 5. ) ## 3663.5. (a) On and after July 1, 2019, except as otherwise provided in subdivision (c), the board shall require a licensee to provide a separate disclosure that includes the licensee’s probation status, the length of the probation, the probation end date, all practice restrictions placed on the licensee by the board, the board’s telephone number, and an explanation of how the patient can find further information on the licensee’s probation on the licensee’s profile page on the board’s online license information internet website, to a patient or the patient’s guardian or health care surrogate before the patient’s first visit following the probationary order while the licensee is on probation pursuant to a probationary order made on and after July 1, 2019. (b) A licensee required to provide a disclosure pursuant to subdivision (a) shall obtain from the patient, or the patient’s guardian or health care surrogate, a separate, signed copy of that disclosure. (c) A licensee shall not be required to provide a disclosure pursuant to subdivision (a) if any of the following applies: (1) The patient is unconscious or otherwise unable to comprehend the disclosure and sign the copy of the disclosure pursuant to subdivision (b) and a guardian or health care surrogate is unavailable to comprehend the disclosure and sign the copy. (2) The visit occurs in an emergency room or an urgent care facility or the visit is unscheduled, including consultations in inpatient facilities. (3) The licensee who will be treating the patient during the visit is not known to the patient until immediately prior to the start of the visit. (4) The licensee does not have a direct treatment relationship with the patient. (d) On and after July 1, 2019, the board shall provide the following information, with respect to licensees on probation and licensees practicing under probationary licenses, in plain view on the licensee’s profile page on the board’s online license information internet website. (1) For probation imposed pursuant to a stipulated settlement, the causes alleged in the operative accusation along with a designation identifying those causes by which the licensee has expressly admitted guilt and a statement that acceptance of the settlement is not an admission of guilt. (2) For probation imposed by an adjudicated decision of the board, the causes for probation stated in the final probationary order. (3) For a licensee granted a probationary license, the causes by which the probationary license was imposed. (4) The length of the probation and end date. (5) All practice restrictions placed on the license by the board. (e) A violation of this section shall not be punishable as a crime. (Amended by Stats. 2024, Ch. 497, Sec. 48. (SB 1526) Effective January 1, 2025. Repealed as of January 1, 2027, pursuant to Section 3686.)
  190. 3664.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 8.2. Naturopathic Doctors Act [3610 - 3686] ( Chapter 8.2 added by Stats. 2003, Ch. 485, Sec. 5. ) ## ARTICLE 6. Offenses and Enforcement [3660 - 3664] ( Article 6 added by Stats. 2003, Ch. 485, Sec. 5. )

    Verify source ↗

    A person who violates Section 3660 or 3661 commits a misdemeanor and may be fined up to $5,000, jailed for up to one year in county jail, or both.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 8.2. Naturopathic Doctors Act [3610 - 3686] ( Chapter 8.2 added by Stats. 2003, Ch. 485, Sec. 5. ) ## ARTICLE 6. Offenses and Enforcement [3660 - 3664] ( Article 6 added by Stats. 2003, Ch. 485, Sec. 5. ) ## 3664. A person who violates Section 3660 or 3661 is guilty of a misdemeanor, and upon conviction shall be punished by a fine of not more than five thousand dollars ($5,000), or by imprisonment of not more than one year in a county jail, or by both that fine and imprisonment. (Added by Stats. 2003, Ch. 485, Sec. 5. Effective January 1, 2004. Repealed as of January 1, 2027, pursuant to Section 3686.)
  191. 3670.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 8.2. Naturopathic Doctors Act [3610 - 3686] ( Chapter 8.2 added by Stats. 2003, Ch. 485, Sec. 5. ) ## ARTICLE 7. Naturopathic Corporations [3670 - 3675] ( Article 7 added by Stats. 2003, Ch. 485, Sec. 5. )

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    A naturopathic corporation must comply, and its naturopathic-doctor shareholders, officers, directors, and employees must also comply, with the specified corporation laws and regulations.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 8.2. Naturopathic Doctors Act [3610 - 3686] ( Chapter 8.2 added by Stats. 2003, Ch. 485, Sec. 5. ) ## ARTICLE 7. Naturopathic Corporations [3670 - 3675] ( Article 7 added by Stats. 2003, Ch. 485, Sec. 5. ) ## 3670. A naturopathic corporation is a corporation that is authorized to render professional services, as defined in Section 13401 of the Corporations Code, if the corporation and its shareholders, officers, directors, and employees rendering professional services who are naturopathic doctors are in compliance with the Moscone-Knox Professional Corporation Act (Part 4 (commencing with Section 13400) of Division 3 of Title 1 of the Corporations Code), this chapter, and all other statutes and regulations now or hereafter enacted or adopted pertaining to that corporation and the conduct of its affairs. With respect to a naturopathic corporation, the governmental agency referred to in the Moscone-Knox Professional Corporation Act is the board. (Amended by Stats. 2024, Ch. 497, Sec. 49. (SB 1526) Effective January 1, 2025. Repealed as of January 1, 2027, pursuant to Section 3686.)
  192. 3671.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 8.2. Naturopathic Doctors Act [3610 - 3686] ( Chapter 8.2 added by Stats. 2003, Ch. 485, Sec. 5. ) ## ARTICLE 7. Naturopathic Corporations [3670 - 3675] ( Article 7 added by Stats. 2003, Ch. 485, Sec. 5. )

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    A naturopathic corporation must not engage in unprofessional conduct and must follow statutes and regulations the same way an individual license holder must.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 8.2. Naturopathic Doctors Act [3610 - 3686] ( Chapter 8.2 added by Stats. 2003, Ch. 485, Sec. 5. ) ## ARTICLE 7. Naturopathic Corporations [3670 - 3675] ( Article 7 added by Stats. 2003, Ch. 485, Sec. 5. ) ## 3671. A naturopathic corporation shall not engage in any conduct that constitutes unprofessional conduct. In the conduct of its practice, the naturopathic corporation shall comply with statutes and regulations to the same extent as an individual holding a license under this chapter. (Added by Stats. 2003, Ch. 485, Sec. 5. Effective January 1, 2004. Repealed as of January 1, 2027, pursuant to Section 3686.)
  193. 3672.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 8.2. Naturopathic Doctors Act [3610 - 3686] ( Chapter 8.2 added by Stats. 2003, Ch. 485, Sec. 5. ) ## ARTICLE 7. Naturopathic Corporations [3670 - 3675] ( Article 7 added by Stats. 2003, Ch. 485, Sec. 5. )

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    Income earned by a naturopathic corporation from professional services cannot benefit a shareholder who is a disqualified person, or that shareholder’s shares.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 8.2. Naturopathic Doctors Act [3610 - 3686] ( Chapter 8.2 added by Stats. 2003, Ch. 485, Sec. 5. ) ## ARTICLE 7. Naturopathic Corporations [3670 - 3675] ( Article 7 added by Stats. 2003, Ch. 485, Sec. 5. ) ## 3672. The income of a naturopathic 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 the shareholder or their shares in the naturopathic corporation. (Amended by Stats. 2024, Ch. 497, Sec. 50. (SB 1526) Effective January 1, 2025. Repealed as of January 1, 2027, pursuant to Section 3686.)
  194. 3673.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 8.2. Naturopathic Doctors Act [3610 - 3686] ( Chapter 8.2 added by Stats. 2003, Ch. 485, Sec. 5. ) ## ARTICLE 7. Naturopathic Corporations [3670 - 3675] ( Article 7 added by Stats. 2003, Ch. 485, Sec. 5. )

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    Directors, shareholders, and officers of a naturopathic corporation must be licensed persons, with stated exceptions.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 8.2. Naturopathic Doctors Act [3610 - 3686] ( Chapter 8.2 added by Stats. 2003, Ch. 485, Sec. 5. ) ## ARTICLE 7. Naturopathic Corporations [3670 - 3675] ( Article 7 added by Stats. 2003, Ch. 485, Sec. 5. ) ## 3673. Except as provided in Section 13403 of the Corporations Code, each director, shareholder, and officer of a naturopathic corporation, except an assistant secretary and an assistant treasurer, shall be a licensed person as defined by Section 13401 of the Corporations Code. (Added by Stats. 2003, Ch. 485, Sec. 5. Effective January 1, 2004. Repealed as of January 1, 2027, pursuant to Section 3686.)
  195. 3674.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 8.2. Naturopathic Doctors Act [3610 - 3686] ( Chapter 8.2 added by Stats. 2003, Ch. 485, Sec. 5. ) ## ARTICLE 7. Naturopathic Corporations [3670 - 3675] ( Article 7 added by Stats. 2003, Ch. 485, Sec. 5. )

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    A naturopathic corporation must use a name that includes “naturopathic” or “naturopathic doctor,” plus wording or abbreviations showing it is a corporation.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 8.2. Naturopathic Doctors Act [3610 - 3686] ( Chapter 8.2 added by Stats. 2003, Ch. 485, Sec. 5. ) ## ARTICLE 7. Naturopathic Corporations [3670 - 3675] ( Article 7 added by Stats. 2003, Ch. 485, Sec. 5. ) ## 3674. The name of a naturopathic corporation and any name or names under which it may render professional services, shall contain the words “naturopathic” or “naturopathic doctor” and, as appropriate, wording or abbreviations denoting its status as a corporation. (Added by Stats. 2003, Ch. 485, Sec. 5. Effective January 1, 2004. Repealed as of January 1, 2027, pursuant to Section 3686.)
  196. 3675.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 8.2. Naturopathic Doctors Act [3610 - 3686] ( Chapter 8.2 added by Stats. 2003, Ch. 485, Sec. 5. ) ## ARTICLE 7. Naturopathic Corporations [3670 - 3675] ( Article 7 added by Stats. 2003, Ch. 485, Sec. 5. )

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    The board may adopt and enforce regulations for naturopathic corporations, including bylaws rules for stock owned by disqualified or deceased persons and a requirement to provide patient-claim security through insurance or other means.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 8.2. Naturopathic Doctors Act [3610 - 3686] ( Chapter 8.2 added by Stats. 2003, Ch. 485, Sec. 5. ) ## ARTICLE 7. Naturopathic Corporations [3670 - 3675] ( Article 7 added by Stats. 2003, Ch. 485, Sec. 5. ) ## 3675. The board may adopt and enforce regulations to carry out the purposes and objectives of this article, including, but not limited to, regulations requiring the following: (a) That the bylaws of a naturopathic corporation 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 any time as the regulations may provide. (b) That a naturopathic 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. 2024, Ch. 497, Sec. 51. (SB 1526) Effective January 1, 2025. Repealed as of January 1, 2027, pursuant to Section 3686.)
  197. 3680.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 8.2. Naturopathic Doctors Act [3610 - 3686] ( Chapter 8.2 added by Stats. 2003, Ch. 485, Sec. 5. ) ## ARTICLE 8. Fiscal Administration [3680 - 3681] ( Article 8 added by Stats. 2003, Ch. 485, Sec. 5. )

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    This section sets capped fees for naturopathic doctor applications, licensing, renewals, late renewals, fingerprint processing, duplicate/replacement licenses, and certified license verification.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 8.2. Naturopathic Doctors Act [3610 - 3686] ( Chapter 8.2 added by Stats. 2003, Ch. 485, Sec. 5. ) ## ARTICLE 8. Fiscal Administration [3680 - 3681] ( Article 8 added by Stats. 2003, Ch. 485, Sec. 5. ) ## 3680. (a) The application fee for a doctor of naturopathic medicine shall be no more than five hundred dollars ($500) and may be increased to not more than six hundred dollars ($600). (b) The initial license fee shall be one thousand dollars ($1,000) and may be increased to not more than one thousand two hundred dollars ($1,200). (c) The renewal fee for a license shall be one thousand dollars ($1,000) and may be increased to not more than one thousand two hundred dollars ($1,200). (d) The late renewal fee for a license shall be two hundred twenty-five dollars ($225). (e) The fee for processing fingerprint cards shall be the current fee charged by the Department of Justice. (f) The fee for a duplicate or replacement license shall be thirty-eight dollars ($38). (g) The fee for a certified license verification shall be thirty dollars ($30). (Amended by Stats. 2018, Ch. 571, Sec. 19. (SB 1480) Effective January 1, 2019. Repealed as of January 1, 2027, pursuant to Section 3686.)
  198. 3681.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 8.2. Naturopathic Doctors Act [3610 - 3686] ( Chapter 8.2 added by Stats. 2003, Ch. 485, Sec. 5. ) ## ARTICLE 8. Fiscal Administration [3680 - 3681] ( Article 8 added by Stats. 2003, Ch. 485, Sec. 5. )

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    The board must deposit collected fees into the State Treasury, where they go to the Naturopathic Doctor’s Fund; spending from the fund requires legislative appropriation.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 8.2. Naturopathic Doctors Act [3610 - 3686] ( Chapter 8.2 added by Stats. 2003, Ch. 485, Sec. 5. ) ## ARTICLE 8. Fiscal Administration [3680 - 3681] ( Article 8 added by Stats. 2003, Ch. 485, Sec. 5. ) ## 3681. All fees collected by the board shall be paid into the State Treasury and shall be credited to the Naturopathic Doctor’s Fund which is hereby created in the State Treasury. The money in the fund shall be available to the board for expenditure for the purposes of this chapter only upon appropriation by the Legislature. (Amended by Stats. 2024, Ch. 497, Sec. 52. (SB 1526) Effective January 1, 2025. Repealed as of January 1, 2027, pursuant to Section 3686.)
  199. 3685.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 8.2. Naturopathic Doctors Act [3610 - 3686] ( Chapter 8.2 added by Stats. 2003, Ch. 485, Sec. 5. ) ## ARTICLE 9. Miscellaneous Provisions [3685 - 3686] ( Article 9 added by Stats. 2003, Ch. 485, Sec. 5. )

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    If this chapter 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 8.2. Naturopathic Doctors Act [3610 - 3686] ( Chapter 8.2 added by Stats. 2003, Ch. 485, Sec. 5. ) ## ARTICLE 9. Miscellaneous Provisions [3685 - 3686] ( Article 9 added by Stats. 2003, Ch. 485, Sec. 5. ) ## 3685. Notwithstanding any other law, the repeal of this chapter renders the board subject to review by the appropriate policy committees of the Legislature. (Amended by Stats. 2024, Ch. 497, Sec. 53. (SB 1526) Effective January 1, 2025. Repealed as of January 1, 2027, pursuant to Section 3686.)
  200. 3686.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 8.2. Naturopathic Doctors Act [3610 - 3686] ( Chapter 8.2 added by Stats. 2003, Ch. 485, Sec. 5. ) ## ARTICLE 9. Miscellaneous Provisions [3685 - 3686] ( Article 9 added by Stats. 2003, Ch. 485, Sec. 5. )

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    This chapter stays in force only until January 1, 2027, when it is repealed.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 8.2. Naturopathic Doctors Act [3610 - 3686] ( Chapter 8.2 added by Stats. 2003, Ch. 485, Sec. 5. ) ## ARTICLE 9. Miscellaneous Provisions [3685 - 3686] ( Article 9 added by Stats. 2003, Ch. 485, Sec. 5. ) ## 3686. This chapter shall remain in effect only until January 1, 2027, and as of that date is repealed. (Amended by Stats. 2022, Ch. 414, Sec. 9. (AB 2685) Effective January 1, 2023. Repealed as of January 1, 2027, by its own provisions. Note: Repeal affects Chapter 8.2, commencing with Section 3610.)

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