Business and Professions Code — Part 33 | BPC — United States — California law | Esheria

Business and Professions Code

Part 33 of 52 · provisions 6,401–6,600

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

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About this statute

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

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Provisions of Business and Professions Code

Showing 200 of 10,364

  1. 4321.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 20. Prohibitions and Offenses [4320 - 4343] ( Article 20 added by Stats. 1996, Ch. 890, Sec. 3. )

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    Violating this chapter can be a misdemeanor or an infraction, depending on whether another penalty applies, and it can lead to fines and possibly jail time.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 20. Prohibitions and Offenses [4320 - 4343] ( Article 20 added by Stats. 1996, Ch. 890, Sec. 3. ) ## 4321. (a) Any person who knowingly violates any of the provisions of this chapter, when no other penalty is provided, is guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than two hundred dollars ($200), and not more than two thousand dollars ($2,000), or by imprisonment of not less than 30 days nor exceeding six months, or by both that fine and imprisonment. (b) In all other instances, any person who violates any of the provisions of this chapter, when no other penalty is provided, is guilty of an infraction, and upon conviction thereof may be punished by a fine not to exceed one thousand dollars ($1,000). (Amended by Stats. 1997, Ch. 549, Sec. 125. Effective January 1, 1998.)
  2. 4322.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 20. Prohibitions and Offenses [4320 - 4343] ( Article 20 added by Stats. 1996, Ch. 890, Sec. 3. )

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    A person may not use false representations to get licensure under this chapter or falsely claim to be registered.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 20. Prohibitions and Offenses [4320 - 4343] ( Article 20 added by Stats. 1996, Ch. 890, Sec. 3. ) ## 4322. Any person who attempts to secure or secures licensure for himself or herself or any other person under this chapter by making or causing to be made any false representations, or who fraudulently represents himself or herself to be registered, is guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not exceeding five thousand dollars ($5,000), or by imprisonment not exceeding 50 days, or by both that fine and imprisonment. (Amended by Stats. 1998, Ch. 878, Sec. 31. Effective January 1, 1999.)
  3. 4323.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 20. Prohibitions and Offenses [4320 - 4343] ( Article 20 added by Stats. 1996, Ch. 890, Sec. 3. )

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    A person may not falsely claim to be a doctor or other authorized prescriber, or say they are acting for one, when communicating by phone or electronically with a pharmacist to get a drug.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 20. Prohibitions and Offenses [4320 - 4343] ( Article 20 added by Stats. 1996, Ch. 890, Sec. 3. ) ## 4323. Every person who, in order to obtain any drug, falsely represents himself or herself to be a physician or other person who can lawfully prescribe the drug, or falsely represents that he or she is acting on behalf of a person who can lawfully prescribe the drug, in a telephone or electronic communication with a pharmacist, shall be punished by imprisonment in the county jail for not more than one year. (Added by Stats. 1996, Ch. 890, Sec. 3. Effective January 1, 1997.)
  4. 4324.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 20. Prohibitions and Offenses [4320 - 4343] ( Article 20 added by Stats. 1996, Ch. 890, Sec. 3. )

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    A person may not forge, alter, pass, or try to pass a prescription for drugs as genuine, and may not possess drugs obtained with a forged prescription.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 20. Prohibitions and Offenses [4320 - 4343] ( Article 20 added by Stats. 1996, Ch. 890, Sec. 3. ) ## 4324. (a) Every person who signs the name of another, or of a fictitious person, or falsely makes, alters, forges, utters, publishes, passes, or attempts to pass, as genuine, any prescription for any drugs is guilty of forgery and upon conviction thereof shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code, or by imprisonment in a county jail for not more than one year. (b) Every person who has in his or her possession any drugs secured by a forged prescription shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code, or by imprisonment in the county jail for not more than one year. (Amended by Stats. 2011, Ch. 15, Sec. 13. (AB 109) Effective April 4, 2011. Operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68.)
  5. 4325.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 20. Prohibitions and Offenses [4320 - 4343] ( Article 20 added by Stats. 1996, Ch. 890, Sec. 3. )

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    Unauthorized people may not knowingly and willfully make, copy, reproduce, or possess prescription blanks with certain identifying information on them.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 20. Prohibitions and Offenses [4320 - 4343] ( Article 20 added by Stats. 1996, Ch. 890, Sec. 3. ) ## 4325. (a) No person other than a physician, dentist, podiatrist, veterinarian, pharmacist, or other person authorized by law to dispense, administer, or prescribe controlled substances, or the person’s agent acting under authorization by the person to print prescription blanks, and acting in the regular practice of the person’s profession, shall knowingly and willfully manufacture, copy, reproduce, or possess, or cause to be manufactured, copied, reproduced, or possessed, any prescription blank that purports to bear the name, address, and federal registry or other identifying information of a physician, dentist, podiatrist, veterinarian, or other person authorized by law to dispense, administer, or prescribe controlled substances. (b) Every person who violates this section shall be guilty of a misdemeanor. (Added by Stats. 1996, Ch. 890, Sec. 3. Effective January 1, 1997.)
  6. 4327.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 20. Prohibitions and Offenses [4320 - 4343] ( Article 20 added by Stats. 1996, Ch. 890, Sec. 3. )

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    A person on duty may not sell, dispense, or compound a drug while under the influence of a dangerous drug or alcoholic beverages, or they commit a misdemeanor.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 20. Prohibitions and Offenses [4320 - 4343] ( Article 20 added by Stats. 1996, Ch. 890, Sec. 3. ) ## 4327. Any person who, while on duty, sells, dispenses or compounds any drug while under the influence of any dangerous drug or alcoholic beverages shall be guilty of a misdemeanor. (Added by Stats. 1996, Ch. 890, Sec. 3. Effective January 1, 1997.)
  7. 4328.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 20. Prohibitions and Offenses [4320 - 4343] ( Article 20 added by Stats. 1996, Ch. 890, Sec. 3. )

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    A person may not let prescriptions be compounded or dispensed, or dangerous drugs furnished, in a pharmacy unless it is done by a pharmacist, unless another part of the chapter provides otherwise.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 20. Prohibitions and Offenses [4320 - 4343] ( Article 20 added by Stats. 1996, Ch. 890, Sec. 3. ) ## 4328. Except as otherwise provided in this chapter, any person who permits the compounding or dispensing of prescriptions, or the furnishing of dangerous drugs in his or her pharmacy, except by a pharmacist, is guilty of a misdemeanor. (Added by Stats. 1996, Ch. 890, Sec. 3. Effective January 1, 1997.)
  8. 4329.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 20. Prohibitions and Offenses [4320 - 4343] ( Article 20 added by Stats. 1996, Ch. 890, Sec. 3. )

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    A nonpharmacist may not take charge of a pharmacy, act as its supervisor/manager/pharmacist-in-charge, compound or dispense a prescription, or furnish dangerous drugs, unless another part of the chapter allows it.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 20. Prohibitions and Offenses [4320 - 4343] ( Article 20 added by Stats. 1996, Ch. 890, Sec. 3. ) ## 4329. Any nonpharmacist who takes charge of or acts as supervisor, manager, or pharmacist-in-charge of any pharmacy, or who compounds or dispenses a prescription or furnishes dangerous drugs except as otherwise provided in this chapter, is guilty of a misdemeanor. (Amended by Stats. 2009, Ch. 308, Sec. 59. (SB 819) Effective January 1, 2010.)
  9. 4330.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 20. Prohibitions and Offenses [4320 - 4343] ( Article 20 added by Stats. 1996, Ch. 890, Sec. 3. )

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    A pharmacy license holder must have a pharmacist in charge and may not let prescriptions or dangerous drugs be handled except by a pharmacist or as otherwise allowed. A pharmacy owner also may not undermine the pharmacist-in-charge’s legal compliance efforts.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 20. Prohibitions and Offenses [4320 - 4343] ( Article 20 added by Stats. 1996, Ch. 890, Sec. 3. ) ## 4330. (a) Any person who has obtained a license to conduct a pharmacy, who fails to place in charge of the pharmacy a pharmacist, or any person, who by himself or herself, or by any other person, permits the compounding or dispensing of prescriptions, or the furnishing of dangerous drugs, in his or her pharmacy, except by a pharmacist, or as otherwise provided in this chapter, is guilty of a misdemeanor. (b) Any pharmacy owner who commits any act that would subvert or tend to subvert the efforts of the pharmacist-in-charge to comply with the laws governing the operation of the pharmacy is guilty of a misdemeanor. (Amended by Stats. 2009, Ch. 308, Sec. 60. (SB 819) Effective January 1, 2010.)
  10. 4331.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 20. Prohibitions and Offenses [4320 - 4343] ( Article 20 added by Stats. 1996, Ch. 890, Sec. 3. )

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    This section makes several pharmacy-related acts misdemeanors unless another part of the chapter allows them.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 20. Prohibitions and Offenses [4320 - 4343] ( Article 20 added by Stats. 1996, Ch. 890, Sec. 3. ) ## 4331. (a) A person not authorized under this chapter who takes charge of a wholesaler or veterinary food-animal drug retailer or who dispenses a prescription or furnishes dangerous devices, except as otherwise provided in this chapter, is guilty of a misdemeanor. (b) A person who is not a responsible manager or a designated representative-3PL who takes charge of a third-party logistics provider or coordinates the warehousing or distribution of dangerous drugs or dangerous devices within a third-party logistics provider, except as otherwise provided in this chapter, is guilty of a misdemeanor. (c) A person licensed as a veterinary food-animal drug retailer that fails to place in charge of that veterinary food-animal drug retailer a pharmacist or designated representative, or any person who, by himself or herself, or by any other person, permits the dispensing of prescriptions, except by a pharmacist or designated representative, or as otherwise provided in this chapter, is guilty of a misdemeanor. (d) A person licensed as a wholesaler that fails to place in charge of that wholesaler a pharmacist or designated representative, or any person who, by himself or herself, or by any other person, permits the furnishing of dangerous drugs or dangerous devices, except by a pharmacist or designated representative, or as otherwise provided in this chapter, is guilty of a misdemeanor. (e) A person licensed as a third-party logistics provider that fails to place in charge of a licensed place of business of the third-party logistics provider a responsible manager, or any person who, by himself or herself, or by any other person, permits the furnishing of dangerous drugs or dangerous devices, except by a facility manager, or as otherwise provided in this chapter, is guilty of a misdemeanor. (Amended by Stats. 2017, Ch. 598, Sec. 9. (SB 752) Effective January 1, 2018.)
  11. 4332.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 20. Prohibitions and Offenses [4320 - 4343] ( Article 20 added by Stats. 1996, Ch. 890, Sec. 3. )

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    A person must keep the records required by Section 4081 and, if asked by an authorized officer or board member, must produce them within a reasonable time. Willfully giving false records is a misdemeanor.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 20. Prohibitions and Offenses [4320 - 4343] ( Article 20 added by Stats. 1996, Ch. 890, Sec. 3. ) ## 4332. Any person who fails, neglects, or refuses to maintain the records required by Section 4081 or who, when called upon by an authorized officer or a member of the board, fails, neglects, or refuses to produce or provide the records within a reasonable time, or who willfully produces or furnishes records that are false, is guilty of a misdemeanor. (Repealed and added by Stats. 1996, Ch. 890, Sec. 3. Effective January 1, 1997.)
  12. 4333.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 20. Prohibitions and Offenses [4320 - 4343] ( Article 20 added by Stats. 1996, Ch. 890, Sec. 3. )

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    Pharmacies must keep certain prescription and record files on site and available for inspection for at least three years, or in a board-licensed facility if the pharmacy closes.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 20. Prohibitions and Offenses [4320 - 4343] ( Article 20 added by Stats. 1996, Ch. 890, Sec. 3. ) ## 4333. (a) All prescriptions filled by a pharmacy and all other records required by Section 4081 shall be maintained on the premises and available for inspection by authorized officers of the law for a period of at least three years. In cases where the pharmacy discontinues business, these records shall be maintained in a board-licensed facility for at least three years. (b) Any person who willfully fails to comply with subdivision (a) is guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine not exceeding two hundred dollars ($200). Any person convicted of a second or subsequent offense shall be punished by a fine of not less than two hundred dollars ($200) and not more than four hundred dollars ($400). (c) (1) Notwithstanding subdivisions (a) and (b), the board may, upon written request, grant a waiver of the requirement that the records described in subdivisions (a) and (b) be maintained on the licensed premises or, in the event the pharmacy discontinues business, that the records be maintained in a board licensed facility. A person who maintains records in compliance with that waiver is not subject to the penalties set forth in subdivision (b). (2) A waiver granted pursuant to this subdivision shall not affect the board’s authority under this section or any other provision of this chapter. (Amended by Stats. 1997, Ch. 549, Sec. 129. Effective January 1, 1998.)
  13. 4335.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 20. Prohibitions and Offenses [4320 - 4343] ( Article 20 added by Stats. 1996, Ch. 890, Sec. 3. )

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    Knowingly violating subdivision (b) of Section 4312 is a misdemeanor.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 20. Prohibitions and Offenses [4320 - 4343] ( Article 20 added by Stats. 1996, Ch. 890, Sec. 3. ) ## 4335. Any person who knowingly violates subdivision (b) of Section 4312 is guilty of a misdemeanor. (Added by Stats. 1996, Ch. 890, Sec. 3. Effective January 1, 1997.)
  14. 4336.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 20. Prohibitions and Offenses [4320 - 4343] ( Article 20 added by Stats. 1996, Ch. 890, Sec. 3. )

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    A person who knowingly or willfully violates certain pharmacy code sections involving dangerous drugs using a minor as an agent commits a felony.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 20. Prohibitions and Offenses [4320 - 4343] ( Article 20 added by Stats. 1996, Ch. 890, Sec. 3. ) ## 4336. (a) Every person who knowingly or willfully violates Section 4055, 4059, 4060, 4061, 4062, 4063, 4064, 4065, 4077, 4080, 4081, 4083, or 4332 with respect to dangerous drugs by use of a minor as an agent is guilty of a felony. (b) Nothing contained in this section shall apply to a pharmacist furnishing dangerous drugs pursuant to a prescription. (Added by Stats. 1996, Ch. 890, Sec. 3. Effective January 1, 1997.)
  15. 4337.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 20. Prohibitions and Offenses [4320 - 4343] ( Article 20 added by Stats. 1996, Ch. 890, Sec. 3. )

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    Fines collected for violations of this chapter must be split equally: half goes to the State Treasury for the Board of Pharmacy contingent fund, and half goes to the treasurer of the jurisdiction where the misdemeanor is prosecuted.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 20. Prohibitions and Offenses [4320 - 4343] ( Article 20 added by Stats. 1996, Ch. 890, Sec. 3. ) ## 4337. Except as otherwise specified, all fines collected for violations of this chapter shall be paid as follows: one-half into the State Treasury to the credit of the Contingent Fund of the Board of Pharmacy of the State of California and one-half to the treasurer of the jurisdiction in which the misdemeanor is prosecuted, to be deposited in the same fund as fines for other misdemeanors occurring in that jurisdiction are deposited. (Added by Stats. 1996, Ch. 890, Sec. 3. Effective January 1, 1997.)
  16. 4338.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 20. Prohibitions and Offenses [4320 - 4343] ( Article 20 added by Stats. 1996, Ch. 890, Sec. 3. )

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    A judge may add a fine of up to $70 for violations of Sections 4140 or 4142, and the court must consider ability to pay. A defendant cannot be denied probation because of inability to pay this fine.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 20. Prohibitions and Offenses [4320 - 4343] ( Article 20 added by Stats. 1996, Ch. 890, Sec. 3. ) ## 4338. In addition to any fine assessed under Section 4321, the judge may assess a fine not to exceed seventy dollars ($70) against any person who violates Section 4140 or 4142, with the proceeds of this fine to be used in accordance with Section 1463.23 of the Penal Code. The court shall, however, take into consideration the defendant’s ability to pay and no defendant shall be denied probation because of his or her inability to pay the fine permitted under this section. (Added by Stats. 1996, Ch. 890, Sec. 3. Effective January 1, 1997.)
  17. 4339.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 20. Prohibitions and Offenses [4320 - 4343] ( Article 20 added by Stats. 1996, Ch. 890, Sec. 3. )

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    The board may sue in superior court to stop violations of this chapter, but not for certain compliant drugs or products covered by the stated labeling exception.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 20. Prohibitions and Offenses [4320 - 4343] ( Article 20 added by Stats. 1996, Ch. 890, Sec. 3. ) ## 4339. (a) The board may bring an action to enjoin the violation of any provision of this chapter in any superior court in and for the county in which the violation has occurred. Any action shall conform to the requirements of Chapter 3 (commencing with Section 525) of Title 7 of Part 2 of the Code of Civil Procedure, except that the board shall not be required to allege facts necessary to show or tending to show lack of adequate remedy at law or irreparable damage or loss. The action shall be brought in the name of the people of the State of California. (b) Nothing in this section shall permit the bringing of any action with respect to any drug or product not subject to Section 4022 that is packaged or bottled in the manufacturer’s or distributor’s container and labeled in accordance with applicable federal and state drug labeling requirements. (c) The authority granted by this section is in addition to the authority of the board to institute any other administrative, civil, or criminal action. (Amended by Stats. 1997, Ch. 549, Sec. 130. Effective January 1, 1998.)
  18. 4340.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 20. Prohibitions and Offenses [4320 - 4343] ( Article 20 added by Stats. 1996, Ch. 890, Sec. 3. )

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    A nonresident pharmacy that is not registered under Section 4112, or a California resident, must not advertise pharmacy services if the ad is known to be likely to induce people in the state to use the pharmacy for prescriptions.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 20. Prohibitions and Offenses [4320 - 4343] ( Article 20 added by Stats. 1996, Ch. 890, Sec. 3. ) ## 4340. It is unlawful for any nonresident pharmacy that is not registered pursuant to Section 4112 or for any person who is a resident of this state to advertise the pharmacy services of any pharmacy, with the knowledge that the advertisement will or is likely to induce members of the public in this state to use the pharmacy to fill prescriptions. (Added by Stats. 1996, Ch. 890, Sec. 3. Effective January 1, 1997.)
  19. 4341.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 20. Prohibitions and Offenses [4320 - 4343] ( Article 20 added by Stats. 1996, Ch. 890, Sec. 3. )

    Verify source ↗

    Prescription drugs or devices may be advertised if the advertisement meets Section 651 requirements.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 20. Prohibitions and Offenses [4320 - 4343] ( Article 20 added by Stats. 1996, Ch. 890, Sec. 3. ) ## 4341. Notwithstanding any other provision of law, prescription drugs or devices may be advertised if the advertisement conforms with the requirements of Section 651. (Amended by Stats. 1997, Ch. 549, Sec. 131. Effective January 1, 1998.)
  20. 4342.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 20. Prohibitions and Offenses [4320 - 4343] ( Article 20 added by Stats. 1996, Ch. 890, Sec. 3. )

    Verify source ↗

    The board may take legal or other actions, if allowed by law and in its discretion, to stop the sale of certain nonconforming or unlawful pharmaceutical products. Knowing or willful violations of regulations adopted under Section 4006 are punishable under the same rules as Sections 4321 and 4336.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 20. Prohibitions and Offenses [4320 - 4343] ( Article 20 added by Stats. 1996, Ch. 890, Sec. 3. ) ## 4342. (a) The board may institute any action or actions as may be provided by law and that, in its discretion, are necessary, to prevent the sale of pharmaceutical preparations and drugs that do not conform to the standard and tests as to quality and strength, provided in the latest edition of the United States Pharmacopoeia or the National Formulary, or that violate any provision of the Sherman Food, Drug, and Cosmetic Law (Part 5 (commencing with Section 109875) of Division 104 of the Health and Safety Code). (b) Any knowing or willful violation of any regulation adopted pursuant to Section 4006 shall be subject to punishment in the same manner as is provided in Sections 4321 and 4336. (Amended by Stats. 2014, Ch. 71, Sec. 8. (SB 1304) Effective January 1, 2015.)
  21. 4343.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 20. Prohibitions and Offenses [4320 - 4343] ( Article 20 added by Stats. 1996, Ch. 890, Sec. 3. )

    Verify source ↗

    A building may not display pharmacy-related signs or symbols unless it contains a pharmacy licensed by the board under Section 4110.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 20. Prohibitions and Offenses [4320 - 4343] ( Article 20 added by Stats. 1996, Ch. 890, Sec. 3. ) ## 4343. No building shall have upon it or displayed within it or affixed to or used in connection with it a sign bearing the word or words “Pharmacist,” “Pharmacy,” “Apothecary,” “Drugstore,” “Druggist,” “Drugs,” “Medicine,” “Medicine Store,” “Drug Sundries,” “Remedies,” or any word or words of similar or like import; or the characteristic symbols of pharmacy; or the characteristic prescription sign (Rx) or similar design, unless there is upon or within the building a pharmacy holding a license issued by the board pursuant to Section 4110. (Added by Stats. 1996, Ch. 890, Sec. 3. Effective January 1, 1997.)
  22. 4360.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 21. Pharmacists Recovery Program [4360 - 4373] ( Article 21 added by Stats. 1996, Ch. 890, Sec. 3. )

    Verify source ↗

    The board must operate a pharmacists recovery program for pharmacists and intern pharmacists whose competency may be impaired by alcohol abuse, drug use, or mental illness.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 21. Pharmacists Recovery Program [4360 - 4373] ( Article 21 added by Stats. 1996, Ch. 890, Sec. 3. ) ## 4360. The board shall operate a pharmacists recovery program to rehabilitate pharmacists and intern pharmacists whose competency may be impaired due to abuse of alcohol, drug use, or mental illness. The intent of the pharmacists recovery program is to return these pharmacists and intern pharmacists to the practice of pharmacy in a manner that will not endanger the public health and safety. (Amended by Stats. 2005, Ch. 621, Sec. 63. Effective January 1, 2006.)
  23. 4361.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 21. Pharmacists Recovery Program [4360 - 4373] ( Article 21 added by Stats. 1996, Ch. 890, Sec. 3. )

    Verify source ↗

    This section defines “participant” and “pharmacists recovery program.”

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 21. Pharmacists Recovery Program [4360 - 4373] ( Article 21 added by Stats. 1996, Ch. 890, Sec. 3. ) ## 4361. (a) “Participant” means a pharmacist or intern pharmacist who has entered the pharmacists recovery program. (b) “Pharmacists recovery program” means the rehabilitation program created by this article for pharmacists and intern pharmacists. (Repealed and added by Stats. 2005, Ch. 621, Sec. 65. Effective January 1, 2006.)
  24. 4362.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 21. Pharmacists Recovery Program [4360 - 4373] ( Article 21 added by Stats. 1996, Ch. 890, Sec. 3. )

    Verify source ↗

    A pharmacist or intern pharmacist may enter the pharmacists recovery program if referred by the board and they voluntarily choose to join.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 21. Pharmacists Recovery Program [4360 - 4373] ( Article 21 added by Stats. 1996, Ch. 890, Sec. 3. ) ## 4362. (a) A pharmacist or intern pharmacist may enter the pharmacists recovery program if: (1) The pharmacist or intern pharmacist is referred by the board instead of, or in addition to, other means of disciplinary action. (2) The pharmacist or intern pharmacist voluntarily elects to enter the pharmacists recovery program. (b) A pharmacist or intern pharmacist who enters the pharmacists recovery program pursuant to paragraph (2) of subdivision (a) shall not be subject to discipline or other enforcement action by the board solely on his or her entry into the pharmacists recovery program or on information obtained from the pharmacist or intern pharmacist while participating in the program unless the pharmacist or intern pharmacist would pose a threat to the health and safety of the public. However, if the board receives information regarding the conduct of the pharmacist or intern pharmacist, that information may serve as a basis for discipline or other enforcement by the board. (Repealed and added by Stats. 2005, Ch. 621, Sec. 67. Effective January 1, 2006.)
  25. 4364.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 21. Pharmacists Recovery Program [4360 - 4373] ( Article 21 added by Stats. 1996, Ch. 890, Sec. 3. )

    Verify source ↗

    The board must set participation criteria for pharmacists and intern pharmacists in the pharmacists recovery program, and it may deny entry to applicants who do not meet those criteria.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 21. Pharmacists Recovery Program [4360 - 4373] ( Article 21 added by Stats. 1996, Ch. 890, Sec. 3. ) ## 4364. (a) The board shall establish criteria for the participation of pharmacists and intern pharmacists in the pharmacists recovery program. (b) The board may deny a pharmacist or intern pharmacist who fails to meet the criteria for participation entry into the pharmacists recovery program. (c) The establishment of criteria for participation in the pharmacists recovery program shall not be subject to the requirements of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. (Amended by Stats. 2005, Ch. 621, Sec. 69. Effective January 1, 2006.)
  26. 4365.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 21. Pharmacists Recovery Program [4360 - 4373] ( Article 21 added by Stats. 1996, Ch. 890, Sec. 3. )

    Verify source ↗

    The board must contract with one or more qualified contractors to administer the pharmacists recovery program.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 21. Pharmacists Recovery Program [4360 - 4373] ( Article 21 added by Stats. 1996, Ch. 890, Sec. 3. ) ## 4365. The board shall contract with one or more qualified contractors to administer the pharmacists recovery program. (Amended by Stats. 2005, Ch. 621, Sec. 70. Effective January 1, 2006.)
  27. 4366.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 21. Pharmacists Recovery Program [4360 - 4373] ( Article 21 added by Stats. 1996, Ch. 890, Sec. 3. )

    Verify source ↗

    The contractor running the pharmacists recovery program must evaluate applicants, create treatment contracts, monitor compliance, report as required by the board, and inform participants about procedures, rights, responsibilities, and consequences of noncompliance.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 21. Pharmacists Recovery Program [4360 - 4373] ( Article 21 added by Stats. 1996, Ch. 890, Sec. 3. ) ## 4366. The functions of the contractor administering the pharmacists recovery program shall include, but not be limited to, the following: (a) To evaluate those pharmacists and intern pharmacists who request participation in the program. (b) To develop a treatment contract with each participant in the pharmacists recovery program. (c) To monitor the compliance of each participant with their treatment contract. (d) To prepare reports as required by the board. (e) To inform each participant of the procedures followed in the program. (f) To inform each participant of their rights and responsibilities in the program. (g) To inform each participant of the possible consequences of noncompliance with the program. (Amended by Stats. 2005, Ch. 621, Sec. 71. Effective January 1, 2006.)
  28. 4369.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 21. Pharmacists Recovery Program [4360 - 4373] ( Article 21 added by Stats. 1996, Ch. 890, Sec. 3. )

    Verify source ↗

    A participant may be removed from the pharmacists recovery program for noncompliance or lack of benefit, and the board must be told the pharmacist’s or intern pharmacist’s name, license number, and reason for termination.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 21. Pharmacists Recovery Program [4360 - 4373] ( Article 21 added by Stats. 1996, Ch. 890, Sec. 3. ) ## 4369. (a) Any failure to comply with the treatment contract, determination that the participant is failing to derive benefit from the program, or other requirements of the pharmacists recovery program may result in the termination of the pharmacist’s or intern pharmacist’s participation in the pharmacists recovery program. The name and license number of a pharmacist or intern pharmacist who is terminated from the pharmacists recovery program and the basis for the termination shall be reported to the board. (b) Participation in the pharmacists recovery program shall not be a defense to any disciplinary action that may be taken by the board. (c) No provision of this article shall preclude the board from commencing disciplinary action against a licensee who is terminated from the pharmacists recovery program. (Amended by Stats. 2005, Ch. 621, Sec. 74. Effective January 1, 2006.)
  29. 4371.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 21. Pharmacists Recovery Program [4360 - 4373] ( Article 21 added by Stats. 1996, Ch. 890, Sec. 3. )

    Verify source ↗

    The board’s executive officer must designate a program manager for the pharmacists recovery program, and that manager must meet experience requirements and carry out quarterly review and participant-file review duties.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 21. Pharmacists Recovery Program [4360 - 4373] ( Article 21 added by Stats. 1996, Ch. 890, Sec. 3. ) ## 4371. (a) The executive officer of the board shall designate a program manager of the pharmacists recovery program. The program manager shall have background experience in dealing with substance abuse issues. (b) The program manager shall review the pharmacists recovery program on a quarterly basis. As part of this evaluation, the program manager shall review files of all participants in the pharmacists recovery program. (c) The program manager shall work with the contractor administering the pharmacists recovery program to evaluate participants in the program according to established guidelines and to develop treatment contracts and evaluate participant progress in the program. (Amended by Stats. 2008, Ch. 548, Sec. 26. Effective January 1, 2009.)
  30. 4372.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 21. Pharmacists Recovery Program [4360 - 4373] ( Article 21 added by Stats. 1996, Ch. 890, Sec. 3. )

    Verify source ↗

    Certain board and pharmacists recovery program records about a pharmacist or intern pharmacist must be kept confidential and generally cannot be discovered, subpoenaed, or disclosed.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 21. Pharmacists Recovery Program [4360 - 4373] ( Article 21 added by Stats. 1996, Ch. 890, Sec. 3. ) ## 4372. All board records and records of the pharmacists recovery program pertaining to the treatment of a pharmacist or intern pharmacist in the program shall be kept confidential and are not subject to discovery, subpoena, or disclosure pursuant to Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code. However, board records and records of the pharmacists recovery program may be disclosed and testimony provided in connection with participation in the pharmacists recovery program, but only to the extent those records or testimony are relevant to the conduct for which the pharmacist or intern pharmacist was terminated from the pharmacists recovery program. (Amended by Stats. 2021, Ch. 615, Sec. 7. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 463 of Stats. 2021, Ch. 615.)
  31. 4373.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 21. Pharmacists Recovery Program [4360 - 4373] ( Article 21 added by Stats. 1996, Ch. 890, Sec. 3. )

    Verify source ↗

    Board members are not liable for civil damages for acts or omissions made in good faith under this article.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 21. Pharmacists Recovery Program [4360 - 4373] ( Article 21 added by Stats. 1996, Ch. 890, Sec. 3. ) ## 4373. No member of the board shall be liable for any civil damages because of acts or omissions that may occur while acting in good faith pursuant to this article. (Amended by Stats. 2005, Ch. 621, Sec. 78. Effective January 1, 2006.)
  32. 4380.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 22. Unfair Trade Practices [4380 - 4382] ( Article 22 added by Stats. 1996, Ch. 890, Sec. 3. )

    Verify source ↗

    A person generally may not resell drugs bought at preferentially low prices under the Nonprofit Institutions Act, with specific exceptions.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 22. Unfair Trade Practices [4380 - 4382] ( Article 22 added by Stats. 1996, Ch. 890, Sec. 3. ) ## 4380. (a) The resale, by any person, of drugs acquired at preferentially low prices permitted under federal law only because of the Nonprofit Institutions Act (15 U.S.C. Sec. 13c) is prohibited except in any of the following instances: (1) When for the person’s own use, as defined by the federal courts in Abbott Labs. v. Portland Retail Druggists (425 U.S. 1, 47 L. Ed. 2d 537) and DeModena v. Kaiser Foundation Health Plan, Inc. (743 F. 2d 1388). (2) When sold to a purchaser also eligible for those prices under the Nonprofit Institutions Act, that controls, is controlled by, or is under common control with, the seller, and that purchases the products for its own use, as defined in paragraph (1). (3) When sold to a walk-in customer pursuant to a prescription, provided that those sales represent less than 1 percent of the drugs purchased by the seller for its own use in this state. (b) Nothing in this article prohibits the resale of drugs to any person in the occasional emergency situation where no other sources are readily available in the community to meet the emergency need. (Repealed and added by Stats. 1996, Ch. 890, Sec. 3. Effective January 1, 1997.)
  33. 4381.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 22. Unfair Trade Practices [4380 - 4382] ( Article 22 added by Stats. 1996, Ch. 890, Sec. 3. )

    Verify source ↗

    This section treats a violation of the article as unfair competition and allows people or trade associations to seek injunctions and damages.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 22. Unfair Trade Practices [4380 - 4382] ( Article 22 added by Stats. 1996, Ch. 890, Sec. 3. ) ## 4381. (a) A violation of this article is an act of unfair competition within the meaning of Chapter 5 (commencing with Section 17200) of Part 2 of Division 7, and this article is enforceable as provided in that chapter. (b) In addition thereto, any person or trade association may bring an action to enjoin and restrain any violation of this article and to recover actual damages, if any. (c) In an action for injunctive relief under this article, it is not necessary to allege or prove actual damages or the threat thereof, or actual injury or the threat thereof, to the plaintiff. In addition to injunctive relief, the plaintiff in any action shall recover three times the amount of his or her actual damages, if any, as well as three times the actual damages, if any, sustained by any person who has assigned to the plaintiff a claim for damages resulting from a violation of this section. In any action under this article in which judgment is entered against the defendant, the plaintiff shall be awarded reasonable attorneys’ fees together with the costs of suit. (d) In issuing an injunction against a violation under this article, the court may, in its discretion, include any other restraint it deems expedient in order to deter the defendant from and ensure against future violations of this article. (e) Proof of malice or intent to harm competition is immaterial to sustain a cause of action under this article. (Repealed and added by Stats. 1996, Ch. 890, Sec. 3. Effective January 1, 1997.)
  34. 4382.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 22. Unfair Trade Practices [4380 - 4382] ( Article 22 added by Stats. 1996, Ch. 890, Sec. 3. )

    Verify source ↗

    The board may audit persons for compliance with Section 4380(a)(3) limits. For facilities or pharmacies that predominantly serve members of a prepaid group practice health care service plan, the Department of Managed Health Care may do those audits instead.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 22. Unfair Trade Practices [4380 - 4382] ( Article 22 added by Stats. 1996, Ch. 890, Sec. 3. ) ## 4382. The board may audit persons for compliance with the limits established in paragraph (3) of subdivision (a) of Section 4380 except that in the case of a facility or pharmacy that predominately serves members of a prepaid group practice health care service plan, those audits may be undertaken solely by the Department of Managed Health Care pursuant to its authority to audit those plans. (Amended by Stats. 2000, Ch. 857, Sec. 2. Effective January 1, 2001.)
  35. 4400.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 23. Revenue and Renewal [4400 - 4409] ( Article 23 added by Stats. 1996, Ch. 890, Sec. 3. )

    Verify source ↗

    This section sets pharmacy-related license and renewal fees, and lets the board increase many of them within listed limits.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 23. Revenue and Renewal [4400 - 4409] ( Article 23 added by Stats. 1996, Ch. 890, Sec. 3. ) ## 4400. The amount of fees and penalties prescribed by this chapter, except as otherwise provided, is that fixed by the board according to the following schedule: (a) (1) The fee for a pharmacy license shall be seven hundred fifty dollars ($750) and may be increased to two thousand dollars ($2,000). The fee for the issuance of a temporary pharmacy permit shall be one thousand six hundred dollars ($1,600) and may be increased to two thousand seven hundred forty dollars ($2,740). (2) The fee for a nonresident pharmacy license shall be two thousand four hundred twenty-seven dollars ($2,427) and may be increased to three thousand four hundred twenty-four dollars ($3,424). The fee for the issuance of a temporary nonresident pharmacy permit shall be two thousand dollars ($2,000) and may be increased to two thousand four hundred sixty-nine dollars ($2,469). (b) (1) The fee for a pharmacy license annual renewal shall be one thousand twenty-five dollars ($1,025) and may be increased to two thousand dollars ($2,000). (2) The fee for a nonresident pharmacy license annual renewal shall be one thousand twenty-five dollars ($1,025) and may be increased to two thousand dollars ($2,000). (c) The fee for the pharmacist application and examination shall be two hundred sixty dollars ($260) and may be increased to two hundred eighty-five dollars ($285). (d) The fee for regrading an examination shall be one hundred fifteen dollars ($115) and may be increased to two hundred dollars ($200). If an error in grading is found and the applicant passes the examination, the regrading fee shall be refunded. (e) The fee for a pharmacist license shall be one hundred ninety-five dollars ($195) and may be increased to two hundred fifteen dollars ($215). The fee for a pharmacist biennial renewal shall be four hundred fifty dollars ($450) and may be reduced to three hundred sixty dollars ($360). (f) The fee for a wholesaler or third-party logistics provider license and annual renewal shall be one thousand dollars ($1,000) and may be increased to one thousand four hundred eleven dollars ($1,411). A temporary license fee shall be seven hundred fifteen dollars ($715) and may be increased to one thousand nine dollars ($1,009). (g) The fee for a hypodermic license shall be five hundred fifty dollars ($550) and may be increased to seven hundred seventy-five dollars ($775). The fee for a hypodermic license renewal shall be four hundred dollars ($400) and may be increased to five hundred sixty-one dollars ($561). (h) (1) The fee for application, investigation, and issuance of a license as a designated representative pursuant to Section 4053, as a designated representative-3PL pursuant to Section 4053.1, or as a designated representative-reverse distributor pursuant to Section 4053.2 shall be three hundred forty-five dollars ($345) and may be increased to four hundred eighty-five dollars ($485). (2) The fee for the annual renewal of a license as a designated representative, designated representative-3PL, or designated representative-reverse distributor shall be three hundred eighty-eight dollars ($388) and may be increased to five hundred forty-seven dollars ($547). (i) (1) The fee for the application, investigation, and issuance of a license as a designated representative for a veterinary food-animal drug retailer pursuant to Section 4053 shall be three hundred forty-five dollars ($345) and may be increased to four hundred eighty-five dollars ($485). (2) The fee for the annual renewal of a license as a designated representative for a veterinary food-animal drug retailer shall be three hundred eighty-eight dollars ($388) and may be increased to five hundred forty-seven dollars ($547). (j) (1) The application fee for a nonresident wholesaler or third-party logistics provider license issued pursuant to Section 4161 shall be one thousand dollars ($1,000) and may be increased to one thousand four hundred eleven dollars ($1,411). (2) A temporary license fee shall be seven hundred fifteen dollars ($715) and may be increased to one thousand nine dollars ($1,009). (3) The annual renewal fee for a nonresident wholesaler license or third-party logistics provider license issued pursuant to Section 4161 shall be one thousand dollars ($1,000) and may be increased to one thousand four hundred eleven dollars ($1,411). (k) The fee for evaluation of continuing education courses for accreditation shall be set by the board at an amount not to exceed forty dollars ($40) per course hour. (l) The fee for an intern pharmacist license shall be one hundred seventy-five dollars ($175) and may be increased to two hundred forty-five dollars ($245). The fee for transfer of intern hours or verification of licensure to another state shall be one hundred twenty dollars ($120) and may be increased to one hundred sixty-eight dollars ($168). (m) The board may waive or refund the additional fee for the issuance of a license where the license is issued less than 45 days before the next regular renewal date. (n) The fee for the reissuance of any license, or renewal thereof, that has been lost or destroyed or reissued due to a name change shall be seventy-five dollars ($75) and may be increased to one hundred dollars ($100). (o) (1) The fee for processing an application to change information on a premises license record shall be three hundred ninety-five dollars ($395) and may be increased to five hundred fifty-seven dollars ($557). (2) The fee for processing an application to change a name or correct an address on a premises license record shall be two hundred six dollars ($206) and may be increased to two hundred eighty-two dollars ($282). (3) The fee for processing an application to change a pharmacist-in-charge, designated representative-in-charge, or responsible manager on a premises license record shall be two hundred fifty dollars ($250) and may be increased to three hundred fifty-three dollars ($353). (p) It is the intent of the Legislature that, in setting fees pursuant to this section, the board shall seek to maintain a reserve in the Pharmacy Board Contingent Fund equal to approximately one year’s operating expenditures. (q) The fee for any applicant for a clinic license shall be six hundred twenty dollars ($620) and may be increased to eight hundred seventy-three dollars ($873). The annual fee for renewal of the license shall be four hundred dollars ($400) and may be increased to five hundred sixty-one dollars ($561). (r) The fee for the issuance of a pharmacy technician license shall be one hundred twenty dollars ($120) and may be increased to one hundred sixty-five dollars ($165). The fee for renewal of a pharmacy technician license shall be one hundred eighty dollars ($180) and may be reduced to one hundred twenty-five dollars ($125). (s) The fee for a veterinary food-animal drug retailer license shall be six hundred ten dollars ($610) and may be increased to eight hundred twenty-five dollars ($825). The annual renewal fee for a veterinary food-animal drug retailer license shall be four hundred sixty dollars ($460) and may be increased to five hundred sixty-one dollars ($561). The fee for the temporary license shall be five hundred twenty dollars ($520) and may be increased to seven hundred thirty-two dollars ($732). (t) The fee for issuance of a retired license pursuant to Section 4200.5 shall be fifty dollars ($50) and may be increased to one hundred dollars ($100). (u) The fee for issuance of a sterile compounding pharmacy license or a hospital satellite compounding pharmacy shall be three thousand eight hundred seventy-five dollars ($3,875) and may be increased to five thousand four hundred sixty-six dollars ($5,466). The fee for a temporary license shall be one thousand sixty-five dollars ($1,065) and may be increased to one thousand five hundred three dollars ($1,503). The annual renewal fee of the license shall be four thousand eighty-five dollars ($4,085) and may be increased to five thousand seven hundred sixty-two dollars ($5,762). (v) The fee for the issuance of a nonresident sterile compounding pharmacy license shall be eight thousand five hundred dollars ($8,500) and may be increased to sixteen thousand five hundred two dollars ($16,502). The annual renewal of the license shall be eight thousand five hundred dollars ($8,500) and may be increased to seventeen thousand forty dollars ($17,040). In addition to paying that application fee, the nonresident sterile compounding pharmacy shall deposit, when submitting the application, a reasonable amount, as determined by the board, necessary to cover the board’s estimated cost of performing the inspection required by Section 4127.2. If the required deposit is not submitted with the application, the application shall be deemed to be incomplete. If the actual cost of the inspection exceeds the amount deposited, the board shall provide to the applicant a written invoice for the remaining amount and shall not take action on the application until the full amount has been paid to the board. If the amount deposited exceeds the amount of actual and necessary costs incurred, the board shall remit the difference to the applicant. The fee for a temporary license shall be one thousand five hundred dollars ($1,500) and may be increased to two thousand dollars ($2,000). (w) The fee for the issuance of an outsourcing facility license shall be twenty-five thousand dollars ($25,000) and may be increased to thirty-five thousand two hundred fifty-six dollars ($35,256). The fee for the renewal of an outsourcing facility license shall be twenty-five thousand dollars ($25,000) and may be increased to forty-one thousand three hundred sixty-six dollars ($41,366). The fee for a temporary outsourcing facility license shall be four thousand dollars ($4,000) and may be increased to five thousand six hundred forty-two dollars ($5,642). (x) The fee for the issuance of a nonresident outsourcing facility license shall be twenty-eight thousand five hundred dollars ($28,500) and may be increased to forty-two thousand three hundred eighteen dollars ($42,318). The fee for the renewal of a nonresident outsourcing facility license shall be twenty-eight thousand five hundred dollars ($28,500) and may be increased to forty-six thousand three hundred fifty-three dollars ($46,353). In addition to paying that application fee, the nonresident outsourcing facility shall deposit, when submitting the application, a reasonable amount, as determined by the board, necessary to cover the board’s estimated cost of performing the inspection required by Section 4129.2. If the required deposit is not submitted with the application, the application shall be deemed to be incomplete. If the actual cost of the inspection exceeds the amount deposited, the board shall provide to the applicant a written invoice for the remaining amount and shall not take action on the application until the full amount has been paid to the board. If the amount deposited exceeds the amount of actual and necessary costs incurred, the board shall remit the difference to the applicant. The fee for a temporary nonresident outsourcing license shall be four thousand dollars ($4,000) and may be increased to five thousand six hundred forty-two dollars ($5,642). (y) The fee for the issuance of a centralized hospital packaging license shall be three thousand eight hundred fifteen dollars ($3,815) and may be increased to five thousand three hundred eighteen dollars ($5,318). The annual renewal of the license shall be two thousand nine hundred twelve dollars ($2,912) and may be increased to four thousand one hundred seven dollars ($4,107). (z) (1) The fee for the issuance of a license to a correctional clinic pursuant to Article 13.5 (commencing with Section 4187) shall be six hundred twenty dollars ($620) and may be increased to eight hundred seventy-three dollars ($873). The annual renewal fee for that correctional clinic license shall be four hundred dollars ($400) and may be increased to five hundred sixty-one dollars ($561). (2) The fee for the issuance of an ADDS license to a correctional clinic pursuant to Article 13.5 (commencing with Section 4187) shall be five hundred dollars ($500) and may be increased to seven hundred five dollars ($705). The annual renewal fee for the correctional clinic ADDS shall be four hundred dollars ($400) and may be increased to five hundred sixty-one dollars ($561). (aa) The fee for an ADDS license shall be five hundred twenty-five dollars ($525) and may be increased to seven hundred forty-one dollars ($741). The fee for the annual renewal of the license shall be four hundred fifty-three dollars ($453) and may be increased to six hundred thirty-nine dollars ($639). (ab) The application and initial license fee for a remote dispensing site pharmacy application shall be one thousand seven hundred thirty dollars ($1,730) and may be increased to two thousand four hundred forty dollars ($2,440). The fee for the annual renewal shall be one thousand twenty-five dollars ($1,025) and may be increased to two thousand dollars ($2,000). The fee for a temporary license shall be eight hundred ninety dollars ($890) and may be increased to one thousand one hundred ninety-nine dollars ($1,199). (ac) The application and initial license fee to operate EMSADDS shall be one hundred fifty dollars ($150) and may be increased to three hundred eighty dollars ($380) per machine. The fee for the annual renewal shall be two hundred dollars ($200) and may be increased to two hundred seventy-three dollars ($273). The license fee may not be transferred to a different location if the EMSADDS is moved. The application and renewal fee for a licensed wholesaler that is also an emergency medical services provider agency shall be eight hundred ten dollars ($810) and may be increased to one thousand one hundred forty-three dollars ($1,143). (ad) The fee for application and issuance of an initial license as a designated paramedic shall be three hundred fifty dollars ($350) and may be increased to four hundred ninety-four dollars ($494). The fee of biennial renewal shall be two hundred dollars ($200) and may be increased to two hundred ninety-two dollars ($292). (ae) The fee for an application for an advanced pharmacist practitioner license and renewal of advanced pharmacist practitioner license shall be three hundred dollars ($300) and may be increased to four hundred eighteen dollars ($418). (af) (1) For purposes of this subdivision, “medically underserved area” means a geographic area that does not have within 50 road miles a physical pharmacy that provides in-person patient care services by a pharmacist and serves the general public. (2) The board shall waive the application fee for a pharmacy that opens a physical pharmacy operating and located in a medically underserved area. (3) The board may waive the fee for the annual renewal of a license under this chapter if the licensee provides the board with certification of continued operation in the medically underserved area. (ag) This section shall become operative on January 1, 2025. (Amended by Stats. 2025, Ch. 196, Sec. 49. (AB 1503) Effective January 1, 2026.)
  36. 4401.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 23. Revenue and Renewal [4400 - 4409] ( Article 23 added by Stats. 1996, Ch. 890, Sec. 3. )

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    Pharmacists who want to keep their license on the board’s books must pay the renewal fee every two years.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 23. Revenue and Renewal [4400 - 4409] ( Article 23 added by Stats. 1996, Ch. 890, Sec. 3. ) ## 4401. Every pharmacist who desires to retain his or her license on the books of the board shall biennially pay to the executive officer of the board the renewal fee, established by the board, within the limits prescribed by this chapter. In return for the payment of the renewal fee, a certificate of renewal shall be issued. (Amended by Stats. 1997, Ch. 549, Sec. 139. Effective January 1, 1998.)
  37. 4402.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 23. Revenue and Renewal [4400 - 4409] ( Article 23 added by Stats. 1996, Ch. 890, Sec. 3. )

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    A pharmacist license not renewed within three years after expiration cannot be renewed, restored, or reinstated and is canceled by operation of law. The board can also cancel certain other licenses after 60 days past expiration.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 23. Revenue and Renewal [4400 - 4409] ( Article 23 added by Stats. 1996, Ch. 890, Sec. 3. ) ## 4402. (a) Any pharmacist license that is not renewed within three years following its expiration may not be renewed, restored, or reinstated and shall be canceled by operation of law at the end of the three-year period. (b) (1) Any pharmacist whose license is canceled pursuant to subdivision (a) may obtain a new license if he or she takes and passes the examination that is required for initial license with the board. (2) The board may impose conditions on any license issued pursuant to this section, as it deems necessary. (c) A license that has been revoked by the board under former Section 4411 shall be deemed canceled three years after the board’s revocation action, unless the board has acted to reinstate the license in the interim. (d) This section shall not affect the authority of the board to proceed with any accusation that has been filed prior to the expiration of the three-year period. (e) Any other license issued by the board may be canceled by the board if the license is not renewed within 60 days after its expiration. Any license canceled under this subdivision may not be reissued. Instead, a new application will be required. (Amended by Stats. 1999, Ch. 655, Sec. 53. Effective January 1, 2000.)
  38. 4403.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 23. Revenue and Renewal [4400 - 4409] ( Article 23 added by Stats. 1996, Ch. 890, Sec. 3. )

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    The board may not reissue or renew a license unless the required chapter fees and any delinquent fees due when the application is made are paid.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 23. Revenue and Renewal [4400 - 4409] ( Article 23 added by Stats. 1996, Ch. 890, Sec. 3. ) ## 4403. The board shall not reissue or renew any license without the payment of the fees required by this chapter and the payment of all fees that are delinquent at the time that the application is made. (Amended by Stats. 2003, Ch. 539, Sec. 17. Effective January 1, 2004.)
  39. 4404.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 23. Revenue and Renewal [4400 - 4409] ( Article 23 added by Stats. 1996, Ch. 890, Sec. 3. )

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    The board may reissue a license issued under this chapter if it is lost or destroyed, or if the person wants a reissuance, subject to Section 4403 and application requirements.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 23. Revenue and Renewal [4400 - 4409] ( Article 23 added by Stats. 1996, Ch. 890, Sec. 3. ) ## 4404. If any license issued under this chapter is lost or destroyed, or if any person desires a reissuance of his or her license, the board may reissue it, subject to Section 4403, upon application therefor, and the submission of satisfactory proof, if required by the board, that the license has been lost or destroyed, or if the license has not been lost or destroyed, upon the surrender of the old license. (Amended by Stats. 2000, Ch. 836, Sec. 27. Effective January 1, 2001.)
  40. 4405.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 23. Revenue and Renewal [4400 - 4409] ( Article 23 added by Stats. 1996, Ch. 890, Sec. 3. )

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    Fines recoverable under this chapter must be paid by the magistrate receiving them to the board, unless this chapter provides a different way to տնօրict the money.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 23. Revenue and Renewal [4400 - 4409] ( Article 23 added by Stats. 1996, Ch. 890, Sec. 3. ) ## 4405. All fines recoverable under this chapter shall be paid by the magistrate receiving the same to the board, except where other provision is made in this chapter for the disposition thereof. (Added by Stats. 1996, Ch. 890, Sec. 3. Effective January 1, 1997.)
  41. 4406.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 23. Revenue and Renewal [4400 - 4409] ( Article 23 added by Stats. 1996, Ch. 890, Sec. 3. )

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    Fees and receipts collected for the board must be reported monthly to the Controller, and the full amount must be paid into the State Treasury and credited to the Pharmacy Board Contingent Fund.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 23. Revenue and Renewal [4400 - 4409] ( Article 23 added by Stats. 1996, Ch. 890, Sec. 3. ) ## 4406. All fees collected on behalf of the board and all receipts of every kind and nature shall be reported each month for the month preceding to the Controller and at the same time the entire amount shall be paid into the State Treasury and shall be credited to the Pharmacy Board Contingent Fund which is hereby created. This contingent fund shall be available, upon appropriation of the Legislature, for the use of the board. (Amended by Stats. 2016, Ch. 484, Sec. 43. (SB 1193) Effective January 1, 2017.)
  42. 4407.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 23. Revenue and Renewal [4400 - 4409] ( Article 23 added by Stats. 1996, Ch. 890, Sec. 3. )

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    The board’s members’ compensation and other board expenses must be paid from examination and registration fees and fines.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 23. Revenue and Renewal [4400 - 4409] ( Article 23 added by Stats. 1996, Ch. 890, Sec. 3. ) ## 4407. All compensation of members and all other expenses of the board shall be paid out of the examination and registration fees and fines. (Added by Stats. 1996, Ch. 890, Sec. 3. Effective January 1, 1997.)
  43. 4409.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 23. Revenue and Renewal [4400 - 4409] ( Article 23 added by Stats. 1996, Ch. 890, Sec. 3. )

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    When a pharmacy or pharmacist renews a license, it may make a contribution of at least $25 to the board for the California Pharmacist Scholarship and Loan Repayment Program.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 23. Revenue and Renewal [4400 - 4409] ( Article 23 added by Stats. 1996, Ch. 890, Sec. 3. ) ## 4409. At the time a pharmacy license is renewed pursuant to subdivision (a) of Section 4110 or a pharmacist license is renewed pursuant to Section 4401, the pharmacy or pharmacist may make a contribution of at least twenty-five dollars ($25), to be submitted to the board, for the sole purpose of funding the California Pharmacist Scholarship and Loan Repayment Program established pursuant to Article 2 (commencing with Section 128198) of Chapter 3 of Part 3 of Division 107 of the Health and Safety Code. The contribution submitted pursuant to this section shall be paid into the State Treasury and credited to the California Pharmacist Scholarship and Loan Repayment Program Fund established pursuant to Section 128198.5 of the Health and Safety Code. (Amended by Stats. 2004, Ch. 695, Sec. 43. Effective January 1, 2005.)
  44. 4425.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 24. Prescription Rates for Medicare Beneficiaries [4425 - 4426] ( Article 24 added by Stats. 1999, Ch. 946, Sec. 1. )

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    Pharmacies participating in Medi-Cal must charge Medicare beneficiaries no more than the Medi-Cal reimbursement rate for prescription medicines, plus an allowed transmission-charge amount, when the patient presents a valid prescription and Medicare card.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 24. Prescription Rates for Medicare Beneficiaries [4425 - 4426] ( Article 24 added by Stats. 1999, Ch. 946, Sec. 1. ) ## 4425. (a) As a condition for the participation of a pharmacy in the Medi-Cal program pursuant to Chapter 7 (commencing with Section 14000) of Division 9 of the Welfare and Institutions Code, the pharmacy, upon presentation of a valid prescription for the patient and the patient’s Medicare card, shall charge Medicare beneficiaries a price that does not exceed the Medi-Cal reimbursement rate for prescription medicines, and an amount, as set by the State Department of Health Care Services to cover electronic transmission charges. However, Medicare beneficiaries shall not be allowed to use the Medi-Cal reimbursement rate for over-the-counter medications or compounded prescriptions. (b) The State Department of Health Care Services shall provide a mechanism to calculate and transmit the price to the pharmacy, but shall not apply the Medi-Cal drug utilization review process for purposes of this section. (c) The State Department of Health Care Services shall monitor pharmacy participation with the requirements of subdivision (a). (d) The State Department of Health Care Services shall conduct an outreach program to inform Medicare beneficiaries of their right to participate in the program described in subdivision (a), including, but not limited to, the following: (1) Including on its Internet Web site the Medi-Cal reimbursement rate for, at minimum, 200 of the most commonly prescribed medicines and updating this information monthly. (2) Providing a sign to participating pharmacies that the pharmacies shall prominently display at the point of service and at the point of sale, reminding the Medicare beneficiaries to ask that the charge for their prescription be the same amount as the Medi-Cal reimbursement rate and providing the department’s telephone number, e-mail address, and Internet Web site address to access information about the program. (e) If prescription drugs are added to the scope of benefits available under the federal Medicare program, the Senate Office of Research shall report that fact to the appropriate committees of the Legislature. It is the intent of the Legislature to evaluate the need to continue the implementation of this article under those circumstances. (f) This section shall not apply to a prescription that is covered by insurance. (Amended by Stats. 2010, Ch. 653, Sec. 34. (SB 1489) Effective January 1, 2011.)
  45. 4426.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 24. Prescription Rates for Medicare Beneficiaries [4425 - 4426] ( Article 24 added by Stats. 1999, Ch. 946, Sec. 1. )

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    The State Department of Health Care Services must study whether Medi-Cal pharmacy reimbursement rates are adequate, including the cost of prescription drugs and services.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 24. Prescription Rates for Medicare Beneficiaries [4425 - 4426] ( Article 24 added by Stats. 1999, Ch. 946, Sec. 1. ) ## 4426. The State Department of Health Care Services shall conduct a study of the adequacy of Medi-Cal pharmacy reimbursement rates including the cost of providing prescription drugs and services. (Amended by Stats. 2010, Ch. 653, Sec. 35. (SB 1489) Effective January 1, 2011.)
  46. 4427.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 25. Automated Drug Delivery System [4427 - 4427.8] ( Article 25 added by Stats. 2018, Ch. 666, Sec. 9. )

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    In this article, “drugs” and “dangerous drugs” mean the same as “dangerous drug” in Section 4022, and “devices” and “dangerous devices” mean the same as “dangerous device” in Section 4022.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 25. Automated Drug Delivery System [4427 - 4427.8] ( Article 25 added by Stats. 2018, Ch. 666, Sec. 9. ) ## 4427. As used in this article, “drugs” or “dangerous drugs” shall have the same meaning as “dangerous drug” as provided in Section 4022 and “devices” or “dangerous devices” shall have the same meaning as “dangerous device” as provided in Section 4022. (Added by Stats. 2018, Ch. 666, Sec. 9. (SB 1447) Effective January 1, 2019. Operative July 1, 2019, pursuant to Section 4427.8.)
  47. 4427.1.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 25. Automated Drug Delivery System [4427 - 4427.8] ( Article 25 added by Stats. 2018, Ch. 666, Sec. 9. )

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    An automated drug delivery system may not be installed or operated in California unless it meets this article’s requirements.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 25. Automated Drug Delivery System [4427 - 4427.8] ( Article 25 added by Stats. 2018, Ch. 666, Sec. 9. ) ## 4427.1. An ADDS shall not be installed or operated in California unless it meets the requirements of this article. (Added by Stats. 2018, Ch. 666, Sec. 9. (SB 1447) Effective January 1, 2019. Operative July 1, 2019, pursuant to Section 4427.8.)
  48. 4427.2.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 25. Automated Drug Delivery System [4427 - 4427.8] ( Article 25 added by Stats. 2018, Ch. 666, Sec. 9. )

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    An ADDS in California must be licensed by the board, and the license is only available to a California pharmacy with a current, valid, active license.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 25. Automated Drug Delivery System [4427 - 4427.8] ( Article 25 added by Stats. 2018, Ch. 666, Sec. 9. ) ## 4427.2. (a) An ADDS installed, leased, owned, or operated in California shall be licensed by the board. (b) An ADDS license shall only be issued to the holder of a current, valid, and active pharmacy license of a pharmacy located and licensed in California. (c) A separate application and license shall be required for each ADDS. (d) An ADDS license shall only be issued when the following conditions are met: (1) Use of the ADDS is consistent with legal requirements. (2) The proposed location for installation of the ADDS meets the requirements of Section 4427.3 and the ADDS is secure from access and removal by unauthorized individuals. (3) The pharmacy’s policies and procedures related to the ADDS include appropriate security measures and monitoring of the inventory to prevent theft and diversion. (4) The pharmacy’s policies and procedures include provisions for reporting to the board drug losses from the ADDS inventory, as required by law. (e) Prior to issuance of the license, the board shall conduct a prelicensure inspection, within 30 days of a completed application for an ADDS license, at the proposed location of the ADDS. Relocation of the ADDS shall require a new application for licensure. Replacement of an ADDS shall require notification to the board within 30 days. (f) The ADDS license shall be canceled by operation of law if the underlying pharmacy license is not current, valid, and active. Upon reissuance or reinstatement of the underlying pharmacy license, a new application for an ADDS license may be submitted to the board. (g) The holder of an ADDS license shall advise the board in writing within 30 days if use of the ADDS is discontinued. (h) The ADDS license shall be renewed annually, and the renewal date shall be the same as the underlying pharmacy license. (i) An AUDS operated by a licensed hospital pharmacy, as defined in Section 4029, and used solely to provide doses administered to patients while in a licensed general acute care hospital facility, as defined in subdivision (a) of Section 1250 of the Health and Safety Code, to patients while in a licensed acute psychiatric hospital facility, as defined in subdivision (b) of Section 1250 of the Health and Safety Code, or dispensed to patients pursuant to Section 4068 shall be exempt from the requirement of obtaining an ADDS license pursuant to this section if the licensed hospital pharmacy owns or leases the AUDS and owns the dangerous drugs and dangerous devices in the AUDS. The AUDS shall comply with all other requirements for an ADDS in this article. The licensed hospital pharmacy shall maintain a list of the locations of each AUDS it operates and shall make the list available to the board upon request. (j) An ADDS license is not required for technology, installed within the secured licensed premises area of a pharmacy, used in the selecting, counting, packaging, and labeling of dangerous drugs and dangerous devices. (Amended by Stats. 2025, Ch. 363, Sec. 2. (AB 447) Effective January 1, 2026.)
  49. 4427.3.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 25. Automated Drug Delivery System [4427 - 4427.8] ( Article 25 added by Stats. 2018, Ch. 666, Sec. 9. )

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    An ADDS must be installed and operated in an approved enclosed building location, and the pharmacy and site must jointly create and keep written safety and operating procedures before installation.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 25. Automated Drug Delivery System [4427 - 4427.8] ( Article 25 added by Stats. 2018, Ch. 666, Sec. 9. ) ## 4427.3. (a) An ADDS shall be placed and operated inside an enclosed building, with a premises address, at a location approved by the board. (b) An ADDS shall be placed and operated in one of the following locations: (1) Adjacent to the secured pharmacy area of the pharmacy holding the ADDS license. (2) A health facility licensed pursuant to Section 1250 of the Health and Safety Code that complies with Section 1261.6 of the Health and Safety Code. (3) A clinic licensed pursuant to Section 1204 or 1204.1 of the Health and Safety Code, or Section 4180 or 4190 of this code. (4) A correctional clinic licensed pursuant to Section 4187.1. (5) If the ADDS is an APDS, in a location as provided in Section 4427.6. (6) If the ADDS is an AUDS, in a location as provided in subdivision (a) of Section 4427.65. (c) Prior to installation, the pharmacy holding the ADDS license and the location where the ADDS is placed pursuant to subdivision (b) shall jointly develop and implement written policies and procedures to ensure safety, accuracy, accountability, security, patient confidentiality, and maintenance of the ADDS, as well as quality, potency, and purity of the drugs and devices. These policies and procedures shall be maintained at the location of the ADDS and at the pharmacy holding the ADDS license. (Amended by Stats. 2021, Ch. 629, Sec. 31. (AB 1533) Effective January 1, 2022.)
  50. 4427.4.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 25. Automated Drug Delivery System [4427 - 4427.8] ( Article 25 added by Stats. 2018, Ch. 666, Sec. 9. )

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    This section requires an ADDS to be owned or leased and supervised by the pharmacy holding its license, kept under access controls and recordkeeping, and stored for no more than 48 hours in secured storage if not immediately transferred.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 25. Automated Drug Delivery System [4427 - 4427.8] ( Article 25 added by Stats. 2018, Ch. 666, Sec. 9. ) ## 4427.4. (a) The ADDS shall be owned or leased by the pharmacy holding the license for the ADDS. (b) Each ADDS shall only be operated under the supervision of the pharmacy holding the ADDS license. (c) An ADDS shall be considered an extension and part of the pharmacy holding the ADDS license, regardless of the ADDS location, and shall be subject to inspection pursuant to Section 4008. (d) Drugs and devices stored in an ADDS shall be deemed part of the inventory and the responsibility of the pharmacy holding the ADDS license, and drugs and devices dispensed from the ADDS shall be considered to have been dispensed by that pharmacy. (e) (1) The stocking and restocking of an ADDS shall be performed by a pharmacist, or by a pharmacy technician or intern pharmacist under the supervision of a pharmacist, except for an ADDS located in a health facility licensed pursuant to Section 1250 of the Health and Safety Code, where the stocking and restocking of the ADDS may be performed in compliance with Section 1261.6 of the Health and Safety Code. (2) Access to the ADDS shall be controlled and tracked using an identification or password system or biosensor. (3) The ADDS shall make a complete and accurate record of all transactions that includes all users accessing the system and all drugs added to, or removed from, the system. (f) If drugs or devices are not immediately transferred into an ADDS upon arrival at the ADDS location, the drugs and devices shall be stored for no longer than 48 hours in a secured room within the ADDS location approved by the board under Section 4427.3. Upon retrieval of these drugs and devices from secured storage, an inventory shall be taken to detect any losses or overages. (Added by Stats. 2018, Ch. 666, Sec. 9. (SB 1447) Effective January 1, 2019. Operative July 1, 2019, pursuant to Section 4427.8.)
  51. 4427.5.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 25. Automated Drug Delivery System [4427 - 4427.8] ( Article 25 added by Stats. 2018, Ch. 666, Sec. 9. )

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    The pharmacy holding the ADDS license must train pharmacy personnel and ADDS users on how to operate and use the ADDS before installation and every year after that.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 25. Automated Drug Delivery System [4427 - 4427.8] ( Article 25 added by Stats. 2018, Ch. 666, Sec. 9. ) ## 4427.5. Prior to installation, and annually thereafter, the pharmacy holding the ADDS license shall provide training on the operation and use of the ADDS to pharmacy personnel and to personnel using the ADDS at the location where the ADDS is placed pursuant to subdivision (b) of Section 4427.3. (Added by Stats. 2018, Ch. 666, Sec. 9. (SB 1447) Effective January 1, 2019. Operative July 1, 2019, pursuant to Section 4427.8.)
  52. 4427.6.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 25. Automated Drug Delivery System [4427 - 4427.8] ( Article 25 added by Stats. 2018, Ch. 666, Sec. 9. )

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    Pharmacies operating an APDS must adopt and annually review written policies, and the APDS must be used only with informed written patient consent and inclusion criteria.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 25. Automated Drug Delivery System [4427 - 4427.8] ( Article 25 added by Stats. 2018, Ch. 666, Sec. 9. ) ## 4427.6. In addition to any other requirements imposed by this article, an APDS shall additionally meet the following requirements: (a) The pharmacy shall develop and implement, and review annually, written policies and procedures pertaining to the APDS, including all of the following: (1) Maintaining the security of the APDS and the dangerous drugs and dangerous devices within that APDS. (2) Determining and applying inclusion criteria regarding which drugs and devices are appropriate for placement in the APDS and for which patients. (3) Ensuring that patients are aware that consultation with a pharmacist is available for any prescription medication, including for those delivered via the APDS. (4) Describing assignment of responsibilities to, and training of, pharmacy personnel, and other personnel using the APDS at the location where the APDS is placed pursuant to subdivision (b) of Section 4427.3, regarding maintenance and filing procedures for the APDS. (5) Orienting participating patients on the use of the APDS, notifying patients when expected prescription medications are not available in the APDS, and ensuring that patient use of the APDS does not interfere with delivery of drugs and devices. (6) Ensuring delivery of drugs and devices to patients expecting to receive them from the APDS in the event the APDS is disabled or malfunctions. (b) The APDS shall only be used for patients who have signed a written consent form demonstrating their informed consent to receive prescribed drugs and devices from an APDS, and whose use of the APDS meets inclusion criteria established pursuant to subdivision (a). (c) The APDS shall have a means to identify each patient and only release the identified patient’s drugs and devices to the patient or the patient’s agent. (d) A pharmacist licensed by the board shall perform all clinical services conducted as part of the dispensing process, including, but not limited to, drug utilization review and consultation. (e) Drugs shall be dispensed from the APDS only upon authorization by a licensed pharmacist after the pharmacist has reviewed the prescription and the patient’s profile for potential contraindications and adverse drug reactions. (f) All prescribed drugs and devices dispensed to a patient from an APDS for the first time shall be accompanied by a consultation conducted by a pharmacist licensed by the board via a telecommunications link that has two-way audio and video. (g) The APDS shall include a notice, prominently posted on the APDS, providing the name, address, and phone number of the pharmacy that holds the ADDS license for that APDS. (h) The labels on all drugs and devices dispensed by the APDS shall comply with Section 4076 and with Section 1707.5 of Title 16 of the California Code of Regulations. (i) Any incident involving the APDS where a complaint, error, or omission has occurred shall be reviewed as part of the pharmacy’s quality assurance program pursuant to Section 4125. (j) An APDS may be located and operated in a medical office or other location where patients are regularly seen for purposes of diagnosis and treatment, and the APDS is only used to dispense dangerous drugs and dangerous devices to patients of the practice. (k) The board shall not issue a pharmacy more than 15 ADDS licenses for APDS units. Consistent with Section 4001.1, the board, by regulation, may reduce the number of ADDS licenses a pharmacy may be issued for APDS units. (l) The pharmacy holding the ADDS license for an APDS shall maintain the policies and procedures developed pursuant to subdivision (a) for three years after the last date of use of that APDS. (Added by Stats. 2018, Ch. 666, Sec. 9. (SB 1447) Effective January 1, 2019. Operative July 1, 2019, pursuant to Section 4427.8.)
  53. 4427.65.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 25. Automated Drug Delivery System [4427 - 4427.8] ( Article 25 added by Stats. 2018, Ch. 666, Sec. 9. )

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    An automated unit dose system may operate only in authorized locations, and the pharmacy must maintain written policies, control access, keep records, and ensure pharmacist review and oversight.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 25. Automated Drug Delivery System [4427 - 4427.8] ( Article 25 added by Stats. 2018, Ch. 666, Sec. 9. ) ## 4427.65. (a) In addition to the locations authorized in Section 4427.3, an automated unit dose system (AUDS) may also be located and operated in either of the following locations: (1) A facility licensed by this state with the statutory authority to provide pharmaceutical services. (2) Jail, youth detention facility, or other correctional facility where drugs are administered within the facility under the authority of the medical director. (b) The pharmacy operating the AUDS shall develop and implement, and review annually, written policies and procedures pertaining to the device. (c) The pharmacy shall operate the AUDS in compliance with the following requirements: (1) Transaction information shall be made readily available in a written format for review and inspection by individuals authorized by law. These records shall be maintained in the facility for a minimum of three years. (2) Individualized and specific access to automated drug delivery systems shall be limited to facility and contract personnel authorized by law to administer drugs. (3) (A) The facility and the pharmacy shall develop and implement written policies and procedures to ensure safety, accuracy, accountability, security, patient confidentiality, and maintenance of the quality, potency, and purity of stored drugs. Policies and procedures shall define access to the automated drug delivery system and limits to access to equipment and drugs. (B) All policies and procedures shall be maintained at the pharmacy operating the automated drug delivery system and the location where the automated drug delivery system is being used. (4) When used as an emergency pharmaceutical supplies container, drugs removed from the automated drug delivery system shall be limited to the following: (A) A new drug order given by a prescriber for a patient of the facility for administration prior to the next scheduled delivery from the pharmacy, or 72 hours, whichever is less. The drugs shall be retrieved only upon authorization by a pharmacist and after the pharmacist has reviewed the prescriber’s order and the patient’s profile for potential contraindications and adverse drug reactions. (B) Drugs that a prescriber has ordered for a patient on an as-needed basis, if the utilization and retrieval of those drugs are subject to ongoing review by a pharmacist. (C) Drugs designed by the patient care policy committee or pharmaceutical service committee of the facility as emergency drugs or acute onset drugs. These drugs may be retrieved from an automated drug delivery system pursuant to the order of a prescriber for emergency or immediate administration to a patient of the facility. Within 48 hours after retrieval under this paragraph, the case shall be reviewed by a pharmacist. (5) When used to provide pharmacy services pursuant to Section 4017.3 and this article, the automated drug delivery system shall be subject to all of the following requirements: (A) Drugs removed from the automated drug delivery system for administration to a patient shall be in properly labeled units of administration containers or packages. (B) A pharmacist shall review and approve all orders prior to a drug being removed from the automated drug delivery system for administration to a patient. The pharmacist shall review the prescriber’s order and the patient’s profile for potential contraindications and adverse drug reactions. (C) The pharmacy providing services to the facility pursuant to this article shall control access to the drugs stored in the automated drug delivery system. (D) Access to the automated drug delivery system shall be controlled and tracked using an identification or password system or biosensor. (E) The automated drug delivery system shall make a complete and accurate record of all transactions that will include all users accessing the system and all drugs added to, or removed from, the system. (F) After the pharmacist reviews the prescriber’s order, access by licensed personnel to the automated drug delivery system shall be limited only to drugs ordered by the prescriber and reviewed by the pharmacist and that are specific to the patient. When the prescriber’s order requires a dosage variation of the same drug, licensed personnel shall have access to the drug ordered for that scheduled time of administration. (G) Systems that allow licensed personnel to have access to multiple drugs and are not patient specific in their design, shall be allowed under this subdivision if those systems have electronic and mechanical safeguards in place to ensure that the drugs delivered to the patient are specific to that patient. (6) The stocking of an automated drug delivery system shall be performed by a pharmacist. If the automated drug delivery system utilizes removable pockets, cards, drawers, similar technology, or unit of use or single dose containers, as defined by the United States Pharmacopoeia, the stocking system may be done outside of the facility and be delivered to the facility, if all of the following conditions are met: (A) The task of placing drugs into the removable pockets, cards, drawers, or unit of use or single dose containers is performed by a pharmacist, or by an intern pharmacist or a pharmacy technician working under the direct supervision of a pharmacist. (B) The removable pockets, cards, drawers, or unit of use or single dose containers are transported between the pharmacy and the facility in a secure tamper-evident container. (C) The facility, in conjunction with the pharmacy, has developed policies and procedures to ensure that the removable pockets, cards, drawers, or unit of use or single dose containers are properly placed into the automated drug delivery system. (7) Review of the drugs contained within, and the operation and maintenance of, the automated drug delivery system shall be done in accordance with law and shall be the responsibility of the pharmacy. A pharmacist shall conduct the review on a monthly basis, which shall include a physical inspection of the drugs in the automated drug delivery system, an inspection of the automated drug delivery system machine for cleanliness, and a review of all transaction records in order to verify the security and accountability of the system. (Added by Stats. 2021, Ch. 629, Sec. 32. (AB 1533) Effective January 1, 2022.)
  54. 4427.7.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 25. Automated Drug Delivery System [4427 - 4427.8] ( Article 25 added by Stats. 2018, Ch. 666, Sec. 9. )

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    A pharmacy holding an ADDS license must complete a self-assessment, include all ADDS-related operation and compliance information, comply with recordkeeping and quality assurance requirements, and keep those records inside the licensed pharmacy separate from other pharmacy records.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 25. Automated Drug Delivery System [4427 - 4427.8] ( Article 25 added by Stats. 2018, Ch. 666, Sec. 9. ) ## 4427.7. (a) A pharmacy holding an ADDS license shall complete a self-assessment, performed pursuant to Section 1715 of Title 16 of the California Code of Regulations, evaluating the pharmacy’s compliance with pharmacy law relating to the use of the ADDS. All information regarding operation, maintenance, compliance, error, omissions, or complaints pertaining to the ADDS shall be included in the self-assessment. (b) The pharmacy shall comply with all recordkeeping and quality assurance requirements established in pharmacy law and regulation, and shall maintain those records within the licensed pharmacy holding the ADDS license and separate from other pharmacy records. (Amended by Stats. 2021, Ch. 629, Sec. 33. (AB 1533) Effective January 1, 2022.)
  55. 4427.8.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 25. Automated Drug Delivery System [4427 - 4427.8] ( Article 25 added by Stats. 2018, Ch. 666, Sec. 9. )

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    This section makes the article operative on July 1, 2019, and requires the board to report to the Legislature’s appropriate committees by January 1, 2025 on ADDS regulation.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 25. Automated Drug Delivery System [4427 - 4427.8] ( Article 25 added by Stats. 2018, Ch. 666, Sec. 9. ) ## 4427.8. (a) This article shall become operative on July 1, 2019. (b) On or before January 1, 2025, as part of the board’s sunset evaluation process, and notwithstanding Sections 9795 and 10231.5 of the Government Code, the board shall report to the appropriate committees of the Legislature on the regulation of ADDS units as provided in this article. At a minimum, this report shall require all of the following: (1) The use and dispersion of ADDS throughout the health care system. (2) The number of ADDS inspections conducted by the board each year and the findings from the inspections. (3) Public safety concerns relating to the use of ADDS as identified by the board. (Amended by Stats. 2023, Ch. 510, Sec. 55. (SB 887) Effective January 1, 2024.)
  56. 4430.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9.5. Audits of Pharmacy Benefits [4430 - 4441] ( Chapter 9.5 added by Stats. 2012, Ch. 706, Sec. 1. )

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    This section defines terms used in the pharmacy benefits audit chapter.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9.5. Audits of Pharmacy Benefits [4430 - 4441] ( Chapter 9.5 added by Stats. 2012, Ch. 706, Sec. 1. ) ## 4430. For purposes of this chapter, the following definitions shall apply: (a) “Carrier” means a health care service plan, as defined in Section 1345 of the Health and Safety Code, or a health insurer that issues policies of health insurance, as defined in Section 106 of the Insurance Code. (b) “Clerical or recordkeeping error” includes a typographical error, scrivener’s error, or computer error in a required document or record. (c) “Extrapolation” means the practice of inferring a frequency or dollar amount of overpayments, underpayments, nonvalid claims, or other errors on any portion of claims submitted, based on the frequency or dollar amount of overpayments, underpayments, nonvalid claims, or other errors actually measured in a sample of claims. (d) “Health benefit plan” means any plan or program that provides, arranges, pays for, or reimburses the cost of health benefits. “Health benefit plan” includes, but is not limited to, a health care service plan contract issued by a health care service plan, as defined in Section 1345 of the Health and Safety Code, and a policy of health insurance, as defined in Section 106 of the Insurance Code, issued by a health insurer. (e) “Maximum allowable cost” means the maximum amount that a pharmacy benefit manager will reimburse a pharmacy for the cost of a drug. (f) “Maximum allowable cost list” means a list of drugs for which a maximum allowable cost has been established by a pharmacy benefit manager. (g) “Obsolete” means a drug that may be listed in national drug pricing compendia but is no longer available to be dispensed based on the expiration date of the last lot manufactured. (h) “Pharmacy” has the same meaning as provided in Section 4037. (i) “Pharmacy audit” means an audit, either onsite or remotely, of any records of a pharmacy conducted by or on behalf of a carrier or a pharmacy benefits manager, or a representative thereof, for prescription drugs that were dispensed by that pharmacy to beneficiaries of a health benefit plan pursuant to a contract with the health benefit plan or the issuer or administrator thereof. “Pharmacy audit” does not include a concurrent review or desk audit that occurs within three business days of transmission of a claim, or a concurrent review or desk audit if a chargeback or recoupment is not demanded. (j) “Pharmacy benefit manager” means a person, business, or other entity that, pursuant to a contract or under an employment relationship with a carrier, health benefit plan sponsor, or other third-party payer, either directly or through an intermediary, manages the prescription drug coverage provided by the carrier, plan sponsor, or other third-party payer, including, but not limited to, the processing and payment of claims for prescription drugs, the performance of drug utilization review, the processing of drug prior authorization requests, the adjudication of appeals or grievances related to prescription drug coverage, contracting with network pharmacies, and controlling the cost of covered prescription drugs. (Amended by Stats. 2016, Ch. 86, Sec. 8. (SB 1171) Effective January 1, 2017.)
  57. 4431.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9.5. Audits of Pharmacy Benefits [4430 - 4441] ( Chapter 9.5 added by Stats. 2012, Ch. 706, Sec. 1. )

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    This chapter does not apply to certain audits done on a reasonable suspicion of wrongdoing, fraud, or abuse, or to audits conducted by specified California and Medicare authorities.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9.5. Audits of Pharmacy Benefits [4430 - 4441] ( Chapter 9.5 added by Stats. 2012, Ch. 706, Sec. 1. ) ## 4431. (a) Nothing in this chapter shall apply to an audit conducted because a pharmacy benefit manager, carrier, health benefit plan sponsor, or other third-party payer has indications that support a reasonable suspicion that criminal wrongdoing, willful misrepresentation, fraud, or abuse has occurred. (b) Nothing in this chapter shall apply to an audit conducted by, or at the direction of, the California State Board of Pharmacy, the State Department of Health Care Services, the State Department of Public Health, or the Medicare program. (Added by Stats. 2012, Ch. 706, Sec. 1. (SB 1195) Effective January 1, 2013.)
  58. 4432.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9.5. Audits of Pharmacy Benefits [4430 - 4441] ( Chapter 9.5 added by Stats. 2012, Ch. 706, Sec. 1. )

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    Certain pharmacy contracts must follow this chapter, unless they are authorized by Labor Code Section 4600.2.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9.5. Audits of Pharmacy Benefits [4430 - 4441] ( Chapter 9.5 added by Stats. 2012, Ch. 706, Sec. 1. ) ## 4432. Notwithstanding any other law, a contract that is issued, amended, or renewed on or after January 1, 2013, between a pharmacy and a carrier or a pharmacy benefit manager to provide pharmacy services to beneficiaries of a health benefit plan shall comply with the provisions of this chapter. This chapter shall not apply to contracts authorized by Section 4600.2 of the Labor Code. (Amended by Stats. 2015, Ch. 74, Sec. 2. (AB 627) Effective January 1, 2016.)
  59. 4433.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9.5. Audits of Pharmacy Benefits [4430 - 4441] ( Chapter 9.5 added by Stats. 2012, Ch. 706, Sec. 1. )

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    Pharmacy audit entities cannot be paid based on amounts claimed or recovered. Pharmacies also cannot be recouped for clerical or recordkeeping errors unless the error caused actual financial harm. PBMs or health benefit plans may charge the plan sponsor from recouped amounts only if the contract states the percentage and no audit-related commission or incentive is paid.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9.5. Audits of Pharmacy Benefits [4430 - 4441] ( Chapter 9.5 added by Stats. 2012, Ch. 706, Sec. 1. ) ## 4433. (a) An entity conducting a pharmacy audit shall not receive payment or any other consideration on any basis that is tied to the amount claimed or actual amount recovered from the pharmacy that is the subject of the audit. Nothing in this subdivision shall be construed to prevent the pharmacy benefit manager or health benefit plan from charging or assessing the plan sponsor, directly or indirectly, based on amounts recouped if both of the following conditions are met: (1) The plan sponsor and the pharmacy benefit manager or health benefit plan have a contract that explicitly states the percentage charge or assessment to the plan sponsor. (2) No commission or financial incentive is paid to an agent or employee of the entity conducting the pharmacy audit based, directly or indirectly, on amounts recouped. (b) A pharmacy shall not be subject to recoupment of funds for a clerical or recordkeeping error, unless the error resulted in actual financial harm to the pharmacy benefit manager, the carrier, or the beneficiary of a health benefit plan. (Added by Stats. 2012, Ch. 706, Sec. 1. (SB 1195) Effective January 1, 2013.)
  60. 4434.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9.5. Audits of Pharmacy Benefits [4430 - 4441] ( Chapter 9.5 added by Stats. 2012, Ch. 706, Sec. 1. )

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    Pharmacy audit entities must keep audit information confidential and limit sharing, with specific notice and record-list duties in certain audits.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9.5. Audits of Pharmacy Benefits [4430 - 4441] ( Chapter 9.5 added by Stats. 2012, Ch. 706, Sec. 1. ) ## 4434. (a) Except as otherwise prohibited by state or federal law, an entity conducting a pharmacy audit shall keep confidential any information collected during the course of the audit and shall not share any information with any person other than the carrier, pharmacy benefit manager, or third-party payer for which the audit is being performed. An entity conducting a pharmacy audit shall have access only to previous audit reports relating to a particular pharmacy conducted by or on behalf of the same entity. Nothing in this subdivision shall be construed to authorize access to information that is otherwise prohibited by law. Nothing in this subdivision shall be construed to prohibit any employer, trust fund, government agency, or any other entity for which the audit is being performed from disclosing its general opinions or conclusions regarding the business practices of the pharmacy based on the audit. (b) An entity that is not a carrier or pharmacy benefit manager and that is conducting a pharmacy audit on behalf of a carrier or pharmacy benefit manager shall, prior to conducting the audit, notify the pharmacy in writing that the entity and the carrier or pharmacy benefit manager have executed a business associate agreement or other agreement as required under state and federal privacy laws. (c) An entity conducting a pharmacy audit shall, prior to leaving a pharmacy at the end of an onsite portion of the audit, provide the pharmacist in charge with a complete list of records reviewed to allow the pharmacy to account for disclosures as required by state and federal privacy laws. (Added by Stats. 2012, Ch. 706, Sec. 1. (SB 1195) Effective January 1, 2013.)
  61. 4435.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9.5. Audits of Pharmacy Benefits [4430 - 4441] ( Chapter 9.5 added by Stats. 2012, Ch. 706, Sec. 1. )

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    An entity conducting an onsite pharmacy audit must not start or schedule an audit in the first five business days of any calendar month unless the pharmacy agrees, and must give at least two weeks’ prior written notice before an initial audit.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9.5. Audits of Pharmacy Benefits [4430 - 4441] ( Chapter 9.5 added by Stats. 2012, Ch. 706, Sec. 1. ) ## 4435. (a) An entity conducting an onsite pharmacy audit shall not initiate or schedule a pharmacy audit during the first five business days of any calendar month, unless it is expressly agreed to by the pharmacy being audited. (b) An entity conducting an onsite pharmacy audit shall provide the pharmacy at least two weeks’ prior written notice before conducting an initial audit. (Added by Stats. 2012, Ch. 706, Sec. 1. (SB 1195) Effective January 1, 2013.)
  62. 4436.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9.5. Audits of Pharmacy Benefits [4430 - 4441] ( Chapter 9.5 added by Stats. 2012, Ch. 706, Sec. 1. )

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    Pharmacy audits involving clinical judgment must involve a licensed pharmacist, and audit entities must accept paper or electronic signature logs.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9.5. Audits of Pharmacy Benefits [4430 - 4441] ( Chapter 9.5 added by Stats. 2012, Ch. 706, Sec. 1. ) ## 4436. (a) A pharmacy audit that involves clinical judgment shall be conducted by, or in consultation with, a licensed pharmacist. (b) An entity conducting a pharmacy audit shall make all determinations regarding the legal validity of a prescription or other record consistent with determinations made pursuant to Article 4 (commencing with Section 4070) of Chapter 9. (c) Nothing in this section shall be construed to prohibit a pharmacy benefits manager from denying a claim, either in whole or in part, for failure to comply with federal Food and Drug Administration or manufacturer requirements, the prescription drug formulary, prior authorization requirements, days’ supply requirements, or other coverage or plan design requirement, or for failure to include a National Provider Identification number. (d) An entity conducting a pharmacy audit shall accept paper or electronic signature logs that document the delivery of pharmacy services to a health plan beneficiary or his or her agent. (Added by Stats. 2012, Ch. 706, Sec. 1. (SB 1195) Effective January 1, 2013.)
  63. 4437.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9.5. Audits of Pharmacy Benefits [4430 - 4441] ( Chapter 9.5 added by Stats. 2012, Ch. 706, Sec. 1. )

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    A pharmacy audit’s covered time period generally cannot exceed 24 months from claim submission or adjudication, with stated exceptions.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9.5. Audits of Pharmacy Benefits [4430 - 4441] ( Chapter 9.5 added by Stats. 2012, Ch. 706, Sec. 1. ) ## 4437. The time period covered by a pharmacy audit shall not exceed 24 months from the date that the claim was submitted to, or adjudicated by, the pharmacy benefits manager, unless a longer period is required under state or federal law or unless the originating prescription is required. (Added by Stats. 2012, Ch. 706, Sec. 1. (SB 1195) Effective January 1, 2013.)
  64. 4438.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9.5. Audits of Pharmacy Benefits [4430 - 4441] ( Chapter 9.5 added by Stats. 2012, Ch. 706, Sec. 1. )

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    Pharmacy audits must follow set reporting and appeal timelines, and certain recoupment actions are barred until the appeal process is finished.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9.5. Audits of Pharmacy Benefits [4430 - 4441] ( Chapter 9.5 added by Stats. 2012, Ch. 706, Sec. 1. ) ## 4438. (a) (1) An entity conducting a pharmacy audit shall deliver a preliminary audit report to the pharmacy before issuing a final audit report. This preliminary report shall be issued no later than 60 days after conclusion of the audit. (2) A pharmacy shall be provided a time period of at least 30 days following receipt of the preliminary audit report under paragraph (1) to respond to the findings in the report, including addressing any alleged mistakes or discrepancies and producing documentation to that effect. (3) To validate the pharmacy record and delivery, the pharmacy may use authentic and verifiable statements or records, including medication administration records of a nursing home, assisted living facility, hospital, physician and surgeon, or other authorized prescriber, or additional documentation parameters located in the provider manual. (4) Any legal prescription may be used to validate claims in connection with prescriptions, refills, or changes in prescriptions, including medication administration records, facsimiles, electronic prescriptions, electronically stored images of prescriptions, electronically created annotations, or documented telephone calls from the prescriber or the prescriber’s agent. Unless specifically addressed in the audit policies and procedures contained in the contract or provider manual, documentation of an oral prescription order that has been verified by the prescriber shall meet the requirements of this subdivision. (5) If an entity conducting a pharmacy audit uses extrapolation to calculate penalties or amounts to be recouped, the pharmacy may present evidence to validate orders for dangerous drugs or devices that are subject to invalidation due to extrapolation. (6) Prior to issuing a final audit report, an entity conducting a pharmacy audit shall take into consideration any response by the pharmacy to the preliminary audit report provided within the timeframes allowed under this section, unless otherwise agreed to by the entity conducting the audit. (b) (1) An entity conducting a pharmacy audit shall deliver a final audit report to the pharmacy no later than 120 days after receipt of a pharmacy’s response to the preliminary audit report. (2) An entity conducting a pharmacy audit shall establish, in the contract between the pharmacy and the contracting entity, a process for appealing the findings in a final audit report that complies with the following requirements: (A) A pharmacy shall be provided a time period of at least 30 days following receipt of the final audit report to file an appeal with the entity identified in the appeal process. (B) An entity conducting a pharmacy audit shall provide the pharmacy with a written determination of appeal issued by the entity identified in the appeal process, which shall be appended to the final audit report, and a copy of the determination shall be sent to the carrier, health benefit plan sponsor, or other third-party payer. (C) If, following the appeal, either party is not satisfied with the appeal, the party may seek relief under the terms of the contract. (c) An entity conducting a pharmacy audit, a carrier, a health benefit plan sponsor, or other third-party payer, or any person acting on behalf of those entities, shall not attempt to make chargebacks or seek recoupment from a pharmacy, or assess or collect penalties from a pharmacy, until the time period for filing an appeal to a final audit report has passed, or until the appeal process has been exhausted, whichever is later. Should the identified discrepancy for a single audit exceed thirty thousand dollars ($30,000), future payments to the pharmacy in excess of thirty thousand dollars ($30,000) may be withheld pending adjudication of an appeal. (d) Interest shall not accrue during the audit period for either party, beginning with the notice of the audit and ending with the conclusion of the appeal process. (e) If, following final disposition of a pharmacy audit pursuant to this section, an entity conducting a pharmacy audit, a carrier, a health benefit plan sponsor, or other third-party payer, or any person acting on behalf of those entities, finds that an audit report or any portion thereof is unsubstantiated, the entity shall dismiss the audit report or the unsubstantiated portion thereof without the necessity of any further proceedings. (Added by Stats. 2012, Ch. 706, Sec. 1. (SB 1195) Effective January 1, 2013.)
  65. 4439.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9.5. Audits of Pharmacy Benefits [4430 - 4441] ( Chapter 9.5 added by Stats. 2012, Ch. 706, Sec. 1. )

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    This section says it should not be read to give the Department of Consumer Affairs or the California State Board of Pharmacy any jurisdiction or authority over this chapter.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9.5. Audits of Pharmacy Benefits [4430 - 4441] ( Chapter 9.5 added by Stats. 2012, Ch. 706, Sec. 1. ) ## 4439. This chapter shall not be construed to suggest or imply that the Department of Consumer Affairs or the California State Board of Pharmacy has any jurisdiction or authority over the provisions of this chapter. (Added by Stats. 2012, Ch. 706, Sec. 1. (SB 1195) Effective January 1, 2013.)
  66. 4440.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9.5. Audits of Pharmacy Benefits [4430 - 4441] ( Chapter 9.5 added by Stats. 2012, Ch. 706, Sec. 1. )

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    Pharmacy benefit managers covered by this section must disclose certain pricing-source information, provide current maximum allowable cost lists on request, update those lists regularly, and follow an appeal process. Contracting pharmacies may not disclose maximum allowable cost lists or related information to third parties.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9.5. Audits of Pharmacy Benefits [4430 - 4441] ( Chapter 9.5 added by Stats. 2012, Ch. 706, Sec. 1. ) ## 4440. (a) A pharmacy benefit manager that reimburses a contracting pharmacy for a drug on a maximum allowable cost basis shall comply with this section. (b) A pharmacy benefit manager shall include in a contract, initially entered into, or renewed on its scheduled renewal date, on or after January 1, 2016, with the contracting pharmacy information identifying any national drug pricing compendia or other data sources used to determine the maximum allowable cost for the drugs on a maximum allowable cost list. (c) A pharmacy benefit manager shall make available to a contracting pharmacy, upon request, the most up-to-date maximum allowable cost list or lists used by the pharmacy benefit manager for patients served by that pharmacy in a readily accessible, secure, and usable Web-based format or other comparable format. (d) A drug shall not be included on a maximum allowable cost list or reimbursed on a maximum allowable cost basis unless all of the following apply: (1) The drug is listed as “A” or “B” rated in the most recent version of the federal Food and Drug Administration’s approved drug products with therapeutic equivalent evaluations, also known as the Orange Book, or has an “NA,” “NR,” or “Z” rating or a similar rating by a nationally recognized pricing reference, such as Medi-Span or First DataBank. (2) The drug is generally available for purchase in the state from a national or regional wholesaler. (3) The drug is not obsolete. (e) For contracts initially entered into, or renewed on the scheduled renewal date, on or after January 1, 2016, a pharmacy benefit manager shall review and shall make necessary adjustments to the maximum allowable cost of each drug on a maximum allowable cost list using the most recent data sources available at least once every seven days. (f) For contracts initially entered into, or renewed on the scheduled renewal date, on or after January 1, 2016, a pharmacy benefit manager shall have a clearly defined process for a contracting pharmacy to appeal the maximum allowable cost for a drug on a maximum allowable cost list that includes all of the following: (1) A contracting pharmacy may base its appeal on either of the following: (A) The maximum allowable cost for a drug is below the cost at which the drug is available for purchase by similarly situated pharmacies in the state from a national or regional wholesaler. (B) The drug does not meet the requirements of subdivision (d). (2) A contracting pharmacy shall be provided no less than 14 business days following receipt of payment for the claim upon which the appeal is based to file an appeal with a pharmacy benefit manager. The pharmacy benefit manager shall make a final determination regarding a contracting pharmacy’s appeal within seven business days of the pharmacy benefit manager’s receipt of the appeal. (3) If an appeal is denied by a pharmacy benefit manager, the pharmacy benefit manager shall provide to the contracting pharmacy the reason for the denial and the national drug code (NDC) of an equivalent drug that may be purchased by a similarly situated pharmacy at the price that is equal to or less than the maximum allowable cost of the appealed drug. (4) If an appeal is upheld by a pharmacy benefit manager, the pharmacy benefit manager shall adjust the maximum allowable cost of the appealed drug for the appealing contracting pharmacy and all similarly situated contracting pharmacies in the state within one calendar day of the date of determination. The pharmacy benefit manager shall permit the appealing pharmacy to reverse and resubmit the claim upon which the appeal was based in order to receive the corrected reimbursement. (g) A contracting pharmacy shall not disclose to any third party the maximum allowable cost list and any related information it receives either directly from a pharmacy benefit manager or through a pharmacy services administrative organization or similar entity with which the contracting pharmacy has a contract to provide administrative services for that pharmacy. (Added by Stats. 2015, Ch. 74, Sec. 3. (AB 627) Effective January 1, 2016.)
  67. 4441.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9.5. Audits of Pharmacy Benefits [4430 - 4441] ( Chapter 9.5 added by Stats. 2012, Ch. 706, Sec. 1. )

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    This section regulates pharmacy benefit managers’ duties, disclosures, and limits on contract terms for covered pharmacy benefit manager contracts.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9.5. Audits of Pharmacy Benefits [4430 - 4441] ( Chapter 9.5 added by Stats. 2012, Ch. 706, Sec. 1. ) ## 4441. (a) For purposes of this section, the following definitions shall apply: (1) “Labeler” means a person or entity that receives prescription drugs from a manufacturer or wholesaler and repackages those drugs for later retail sale and who has a labeler code from the federal Food and Drug Administration under Part 207 of Title 21 of the Code of Federal Regulations. (2) “Proprietary information” means information on pricing, costs, revenue, taxes, market share, negotiating strategies, customers, and personnel that is held by a pharmacy benefit manager and used for its business purposes. (3) “Purchaser” means a health benefit plan sponsor or other third-party payer with whom a pharmacy benefit manager contracts to provide the administration and management of prescription drug benefits, except for a health care service plan licensed pursuant to Chapter 2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code. (b) This section shall apply to pharmacy benefit manager contracts that are entered into, amended, or renewed on or after January 1, 2019. (c) (1) A pharmacy benefit manager shall exercise good faith and fair dealing. (2) A pharmacy benefit manager has a fiduciary duty to a self-insured employer plan that includes a duty to be fair and truthful toward the client, to act in the client’s best interests, to avoid conflicts of interest, and to perform its duties with care, skill, prudence, and diligence. (d) A pharmacy benefit manager shall notify a purchaser in writing of any activity, policy, or practice of the pharmacy benefit manager that directly or indirectly presents a conflict of interest that interferes with the discharge of the pharmacy benefit manager’s duty to the purchaser to exercise good faith and fair dealing pursuant to subdivision (c). (e) The pharmacy benefit manager shall, on a quarterly basis, disclose, upon the request of the purchaser, the following information with respect to prescription product benefits specific to the purchaser: (1) The aggregate wholesale acquisition costs from a pharmaceutical manufacturer or labeler for each therapeutic category of drugs containing three or more drugs, as outlined in the state’s essential health benefits benchmark plan pursuant to Section 1367.005 of the Health and Safety Code. (2) The aggregate amount of rebates received by the pharmacy benefit manager by therapeutic category of drugs containing three or more drugs, as outlined in the state’s essential health benefits benchmark plan pursuant to Section 1367.005 of the Health and Safety Code. The aggregate amount of rebates shall include any utilization discounts the pharmacy benefit manager receives from a pharmaceutical manufacturer or labeler. (3) Any administrative fees received from the pharmaceutical manufacturer or labeler. (4) Whether the pharmacy benefit manager has a contract, agreement, or other arrangement with a pharmaceutical manufacturer to exclusively dispense or provide a drug to a purchaser’s employees, insureds, or enrollees, and the application of all consideration or economic benefits collected or received pursuant to that arrangement. (5) Prescription drug utilization information for the purchaser’s enrollees or insureds that is not specific to any individual enrollee or insured. (6) The aggregate of payments, or the equivalent economic benefit, made by the pharmacy benefit manager to pharmacies owned or controlled by the pharmacy benefit manager. (7) The aggregate of payments made by the pharmacy benefit manager to pharmacies not owned or collected by the pharmacy benefit manager. (8) The aggregate amount of the fees imposed on, or collected from, network pharmacies or other assessments against network pharmacies, and the application of those amounts collected pursuant to the contract with the purchaser. (f) The information disclosed pursuant to subdivision (e) shall apply to all retail, mail order, specialty, and compounded prescription products. (g) Except for utilization information specified in paragraph (5) of subdivision (e), a pharmacy benefit manager is not required to make the disclosures required by subdivision (e) unless and until the purchaser agrees, in writing, to maintain as confidential any proprietary information. (h) A pharmacy benefit manager shall not impose a penalty or offer an inducement to a purchaser for the purpose of deterring the purchaser from requesting the information set forth in subdivision (e). (i) A pharmacy benefit manager shall disclose to a pharmacy network provider or its contracting agent any material change to a contract provision that affects the terms of reimbursement, the process for verifying benefits and eligibility, dispute resolution, procedures for verifying drugs included on the formulary, and contract termination at least 30 days before the date of the change to the provision. (j) A pharmacy benefit manager shall not notify an individual receiving benefits through the pharmacy benefit manager that a pharmacy has been terminated from the pharmacy benefit manager’s network until the notification of termination has been provided to that pharmacy pursuant to subdivision (i). (k) A pharmacy benefit manager shall not include in a contract with a pharmacy network provider or its contracting agent a provision that prohibits the provider from informing a patient of a less costly alternative to a prescribed medication. (l) This section shall not apply to the following: (1) A health care service plan or health insurer, if the health care service plan or health insurer offers, provides, or administers pharmacy benefit management services and if those services are offered, provided, or administered only to enrollees, subscribers, policyholders, or insureds who are also covered by health benefits offered, provided, or administered by that health care service plan or health insurer. (2) An affiliate, subsidiary, related entity, or contracted medical group of a health care service plan or health insurer that would otherwise qualify as a pharmacy benefit manager, but offers, provides, or administers services only to enrollees, subscribers, policyholders, or insureds who are also covered by health benefits offered, provided, or administered by the health care service plan or health insurer. (3) A contract authorized by Section 4600.2 of the Labor Code. (m) The provisions of this section are severable. If any provision of this section or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application. (Amended by Stats. 2025, Ch. 605, Sec. 1. (SB 41) Effective January 1, 2026.)
  68. 450.

    ## 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 6. Public Members [450 - 453] ( Chapter 6 added by Stats. 1961, Ch. 2232. )

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    Public and lay board members cannot have certain employer, contractual, or employee relationships tied to a board licensee in the five years before appointment.

    ## 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 6. Public Members [450 - 453] ( Chapter 6 added by Stats. 1961, Ch. 2232. ) ## 450. In addition to the qualifications provided in the respective chapters of this code, a public member or a lay member of any board shall not be, nor shall they have been within the period of five years immediately preceding their appointment, any of the following: (a) An employer, or an officer, director, or substantially full-time representative of an employer or group of employers, of any licensee of a board, except that this subdivision shall not preclude the appointment of a person who maintains infrequent employer status with a licensee, or maintains a client, patient, or customer relationship with a licensee that does not constitute more than 2 percent of the practice or business of the licensee. (b) A person maintaining a contractual relationship with a licensee of a board that would constitute more than 2 percent of the practice or business of the licensee, or an officer, director, or substantially full-time representative of that person or group of persons. (c) An employee of a licensee of a board, or a representative of the employee, except that this subdivision shall not preclude the appointment of a person who maintains an infrequent employee relationship or renders professional or related services to a licensee if the employment or service does not constitute more than 2 percent of the employment or practice of the member of the board. (Amended by Stats. 2019, Ch. 351, Sec. 48. (AB 496) Effective January 1, 2020.)
  69. 450.2.

    ## 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 6. Public Members [450 - 453] ( Chapter 6 added by Stats. 1961, Ch. 2232. )

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    A public member of a board must not be a current or past licensee of that board, and must not be a close family member of a licensee of that board.

    ## 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 6. Public Members [450 - 453] ( Chapter 6 added by Stats. 1961, Ch. 2232. ) ## 450.2. In order to avoid a potential for a conflict of interest, a public member of a board shall not: (a) Be a current or past licensee of that board. (b) Be a close family member of a licensee of that board. (Added by Stats. 2002, Ch. 1150, Sec. 1.2. Effective January 1, 2003.)
  70. 450.3.

    ## 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 6. Public Members [450 - 453] ( Chapter 6 added by Stats. 1961, Ch. 2232. )

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    A public member must not have a financial interest in an organization regulated by the board, commission, or committee on which they serve.

    ## 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 6. Public Members [450 - 453] ( Chapter 6 added by Stats. 1961, Ch. 2232. ) ## 450.3. No public member shall either at the time of their appointment or during their tenure in office have any financial interest in any organization subject to regulation by the board, commission, or committee of which they are a member. (Amended by Stats. 2019, Ch. 351, Sec. 49. (AB 496) Effective January 1, 2020.)
  71. 450.5.

    ## 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 6. Public Members [450 - 453] ( Chapter 6 added by Stats. 1961, Ch. 2232. )

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    Public members and lay members must not have worked in, or represented, the regulated industry or profession within five years before appointment, and they must not do so during their term of office.

    ## 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 6. Public Members [450 - 453] ( Chapter 6 added by Stats. 1961, Ch. 2232. ) ## 450.5. A public member, or a lay member, at any time within five years immediately preceding his or her appointment, shall not have been engaged in pursuits which lie within the field of the industry or profession, or have provided representation to the industry or profession, regulated by the board of which he or she is a member, nor shall he or she engage in those pursuits or provide that representation during his or her term of office. (Amended by Stats. 2003, Ch. 563, Sec. 2. Effective January 1, 2004.)
  72. 450.6.

    ## 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 6. Public Members [450 - 453] ( Chapter 6 added by Stats. 1961, Ch. 2232. )

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    A public member may be appointed even if age would otherwise matter, as long as the person reached the age of majority before appointment.

    ## 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 6. Public Members [450 - 453] ( Chapter 6 added by Stats. 1961, Ch. 2232. ) ## 450.6. Notwithstanding any other section of law, a public member may be appointed without regard to age so long as the public member has reached the age of majority prior to appointment. (Added by Stats. 1976, Ch. 1188.)
  73. 4500.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 10. Psychiatric Technicians [4500 - 4548] ( Chapter 10 added by Stats. 1959, Ch. 1851. ) ## ARTICLE 1. Generally [4500 - 4509.5] ( Article 1 added by Stats. 1959, Ch. 1851. )

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    This chapter may be cited as the “Psychiatric Technicians Law.”

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 10. Psychiatric Technicians [4500 - 4548] ( Chapter 10 added by Stats. 1959, Ch. 1851. ) ## ARTICLE 1. Generally [4500 - 4509.5] ( Article 1 added by Stats. 1959, Ch. 1851. ) ## 4500. This chapter is known and may be cited as the “Psychiatric Technicians Law.” (Added by Stats. 1959, Ch. 1851.)
  74. 4501.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 10. Psychiatric Technicians [4500 - 4548] ( Chapter 10 added by Stats. 1959, Ch. 1851. ) ## ARTICLE 1. Generally [4500 - 4509.5] ( Article 1 added by Stats. 1959, Ch. 1851. )

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    This section defines “board” for this chapter as the Board of Vocational Nursing and Psychiatric Technicians of the State of California, and it is repealed on January 1, 2029.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 10. Psychiatric Technicians [4500 - 4548] ( Chapter 10 added by Stats. 1959, Ch. 1851. ) ## ARTICLE 1. Generally [4500 - 4509.5] ( Article 1 added by Stats. 1959, Ch. 1851. ) ## 4501. (a) As used in this chapter, “board” means the Board of Vocational Nursing and Psychiatric Technicians of the State of California. (b) This section shall remain in effect only until January 1, 2029, and as of that date is repealed. (Amended by Stats. 2024, Ch. 590, Sec. 8. (AB 3255) Effective January 1, 2025. Repealed as of January 1, 2029, by its own provisions.)
  75. 4501.1.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 10. Psychiatric Technicians [4500 - 4548] ( Chapter 10 added by Stats. 1959, Ch. 1851. ) ## ARTICLE 1. Generally [4500 - 4509.5] ( Article 1 added by Stats. 1959, Ch. 1851. )

    Verify source ↗

    The board must treat protection of the public as its highest priority when carrying out licensing, regulatory, and disciplinary functions.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 10. Psychiatric Technicians [4500 - 4548] ( Chapter 10 added by Stats. 1959, Ch. 1851. ) ## ARTICLE 1. Generally [4500 - 4509.5] ( Article 1 added by Stats. 1959, Ch. 1851. ) ## 4501.1. 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. (Added by Stats. 2002, Ch. 107, Sec. 18. Effective January 1, 2003.)
  76. 4501.2.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 10. Psychiatric Technicians [4500 - 4548] ( Chapter 10 added by Stats. 1959, Ch. 1851. ) ## ARTICLE 1. Generally [4500 - 4509.5] ( Article 1 added by Stats. 1959, Ch. 1851. )

    Verify source ↗

    If Section 4501 is repealed, the successor entity to the board in Section 4501 is 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 10. Psychiatric Technicians [4500 - 4548] ( Chapter 10 added by Stats. 1959, Ch. 1851. ) ## ARTICLE 1. Generally [4500 - 4509.5] ( Article 1 added by Stats. 1959, Ch. 1851. ) ## 4501.2. Notwithstanding any other law, the repeal of Section 4501 renders the successor entity to the board in Section 4501 subject to review by the appropriate policy committees of the Legislature. (Added by Stats. 2017, Ch. 586, Sec. 12. (AB 1229) Effective January 1, 2018.)
  77. 4502.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 10. Psychiatric Technicians [4500 - 4548] ( Chapter 10 added by Stats. 1959, Ch. 1851. ) ## ARTICLE 1. Generally [4500 - 4509.5] ( Article 1 added by Stats. 1959, Ch. 1851. )

    Verify source ↗

    This section defines “psychiatric technician” and says such a person is responsible to the service director, but is not authorized by this section to practice medicine or surgery or unlawfully treat disease or injury.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 10. Psychiatric Technicians [4500 - 4548] ( Chapter 10 added by Stats. 1959, Ch. 1851. ) ## ARTICLE 1. Generally [4500 - 4509.5] ( Article 1 added by Stats. 1959, Ch. 1851. ) ## 4502. As used in this chapter, “psychiatric technician” means any person who, for compensation or personal profit, implements procedures and techniques that involve understanding of cause and effect and that are used in the care, treatment, and rehabilitation of mentally ill or emotionally disturbed persons, or persons with intellectual disabilities, and who has one or more of the following: (a) Direct responsibility for administering or implementing specific therapeutic procedures, techniques, treatments, or medications with the aim of enabling recipients or patients to make optimal use of their therapeutic regime, their social and personal resources, and their residential care. (b) Direct responsibility for the application of interpersonal and technical skills in the observation and recognition of symptoms and reactions of recipients or patients, for the accurate recording of these symptoms and reactions, and for the carrying out of treatments and medications as prescribed by a licensed physician and surgeon or a psychiatrist. The psychiatric technician in the performance of these procedures and techniques is responsible to the director of the service in which those duties are performed. The director may be a licensed physician and surgeon, psychiatrist, psychologist, rehabilitation therapist, social worker, registered nurse, or other professional personnel. Nothing herein shall authorize a licensed psychiatric technician to practice medicine or surgery or to undertake the prevention, treatment, or cure of disease, pain, injury, deformity, or mental or physical condition in violation of the law. (Amended by Stats. 2021, Ch. 632, Sec. 34. (AB 1536) Effective January 1, 2022.)
  78. 4502.1.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 10. Psychiatric Technicians [4500 - 4548] ( Chapter 10 added by Stats. 1959, Ch. 1851. ) ## ARTICLE 1. Generally [4500 - 4509.5] ( Article 1 added by Stats. 1959, Ch. 1851. )

    Verify source ↗

    A psychiatric technician in a mental health facility or developmental disability facility may administer medications by hypodermic injection when prescribed by a licensed physician and surgeon.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 10. Psychiatric Technicians [4500 - 4548] ( Chapter 10 added by Stats. 1959, Ch. 1851. ) ## ARTICLE 1. Generally [4500 - 4509.5] ( Article 1 added by Stats. 1959, Ch. 1851. ) ## 4502.1. A psychiatric technician, working in a mental health facility or developmental disability facility, when prescribed by a licensed physician and surgeon, may administer medications by hypodermic injection. (Amended by Stats. 2021, Ch. 632, Sec. 35. (AB 1536) Effective January 1, 2022.)
  79. 4502.2.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 10. Psychiatric Technicians [4500 - 4548] ( Chapter 10 added by Stats. 1959, Ch. 1851. ) ## ARTICLE 1. Generally [4500 - 4509.5] ( Article 1 added by Stats. 1959, Ch. 1851. )

    Verify source ↗

    A psychiatric technician may withdraw blood from a patient with a mental illness or developmental disability if a licensed physician and surgeon prescribes it and the technician has the required board certification or demonstrated competence.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 10. Psychiatric Technicians [4500 - 4548] ( Chapter 10 added by Stats. 1959, Ch. 1851. ) ## ARTICLE 1. Generally [4500 - 4509.5] ( Article 1 added by Stats. 1959, Ch. 1851. ) ## 4502.2. A psychiatric technician, when prescribed by a licensed physician and surgeon, may withdraw blood from a patient with a mental illness or developmental disability if the psychiatric technician has received certification from the board that the psychiatric technician has completed a prescribed course of instruction approved by the board or has demonstrated competence to the satisfaction of the board. (Amended by Stats. 2021, Ch. 632, Sec. 36. (AB 1536) Effective January 1, 2022.)
  80. 4502.3.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 10. Psychiatric Technicians [4500 - 4548] ( Chapter 10 added by Stats. 1959, Ch. 1851. ) ## ARTICLE 1. Generally [4500 - 4509.5] ( Article 1 added by Stats. 1959, Ch. 1851. )

    Verify source ↗

    A psychiatric technician may perform certain skin tests and immunization techniques for patients with mental illness or developmental disability if prescribed by a licensed physician and surgeon and subject to the stated program or standing-order/guideline conditions.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 10. Psychiatric Technicians [4500 - 4548] ( Chapter 10 added by Stats. 1959, Ch. 1851. ) ## ARTICLE 1. Generally [4500 - 4509.5] ( Article 1 added by Stats. 1959, Ch. 1851. ) ## 4502.3. (a) A psychiatric technician, when prescribed by a licensed physician and surgeon, may perform the following activities on a patient with a mental illness or developmental disability: (1) Tuberculin, coccidioidin, and histoplasmin skin tests, providing the administration is within the course of a tuberculosis control program. (2) Immunization techniques, providing the administration is upon the standing orders of a supervising licensed physician and surgeon or pursuant to written guidelines adopted by a hospital or medical group with whom the supervising licensed physician and surgeon is associated. (b) In performing activities pursuant to subdivision (a), the psychiatric technician shall satisfactorily demonstrate competence in all of the following: (1) Administering the testing or immunization agents, including knowledge of all indications and contraindications for the administration of the agents. (2) Recognizing any emergency reactions to the agent that constitute a danger to the health or life of the patient. (3) Treating those emergency reactions by using procedures, medication, and equipment within the scope of practice of the psychiatric technician. (Amended by Stats. 2021, Ch. 632, Sec. 37. (AB 1536) Effective January 1, 2022.)
  81. 4503.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 10. Psychiatric Technicians [4500 - 4548] ( Chapter 10 added by Stats. 1959, Ch. 1851. ) ## ARTICLE 1. Generally [4500 - 4509.5] ( Article 1 added by Stats. 1959, Ch. 1851. )

    Verify source ↗

    The board must administer and enforce this chapter. The section is temporary and is repealed on January 1, 2029.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 10. Psychiatric Technicians [4500 - 4548] ( Chapter 10 added by Stats. 1959, Ch. 1851. ) ## ARTICLE 1. Generally [4500 - 4509.5] ( Article 1 added by Stats. 1959, Ch. 1851. ) ## 4503. (a) The board shall administer and enforce the provisions of this chapter. (b) This section shall remain in effect only until January 1, 2029, and as of that date is repealed. (Amended by Stats. 2024, Ch. 590, Sec. 9. (AB 3255) Effective January 1, 2025. Repealed as of January 1, 2029, by its own provisions.)
  82. 4503.1.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 10. Psychiatric Technicians [4500 - 4548] ( Chapter 10 added by Stats. 1959, Ch. 1851. ) ## ARTICLE 1. Generally [4500 - 4509.5] ( Article 1 added by Stats. 1959, Ch. 1851. )

    Verify source ↗

    If Section 4503 is repealed, the successor entity to the board in Section 4503 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 10. Psychiatric Technicians [4500 - 4548] ( Chapter 10 added by Stats. 1959, Ch. 1851. ) ## ARTICLE 1. Generally [4500 - 4509.5] ( Article 1 added by Stats. 1959, Ch. 1851. ) ## 4503.1. Notwithstanding any other law, the repeal of Section 4503 renders the successor entity to the board in Section 4503 subject to review by the appropriate policy committees of the Legislature. (Added by Stats. 2017, Ch. 586, Sec. 14. (AB 1229) Effective January 1, 2018.)
  83. 4504.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 10. Psychiatric Technicians [4500 - 4548] ( Chapter 10 added by Stats. 1959, Ch. 1851. ) ## ARTICLE 1. Generally [4500 - 4509.5] ( Article 1 added by Stats. 1959, Ch. 1851. )

    Verify source ↗

    The board must prosecute violators of this chapter and may hire clerical help, set their pay, cover related expenses, and adopt or change rules and regulations needed to carry out the chapter.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 10. Psychiatric Technicians [4500 - 4548] ( Chapter 10 added by Stats. 1959, Ch. 1851. ) ## ARTICLE 1. Generally [4500 - 4509.5] ( Article 1 added by Stats. 1959, Ch. 1851. ) ## 4504. (a) The board shall prosecute all persons guilty of violating the provisions of this chapter. (b) The board may employ clerical assistance as it deems necessary to carry into effect the provisions of this chapter. The board may fix the compensation to be paid for those services and may incur other expenses as it may deem necessary. (c) The board may adopt, amend, or repeal rules and regulations as may be reasonably necessary to carry out the provisions of this chapter. Those rules and regulations shall be adopted in accordance with the provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). (Amended by Stats. 2021, Ch. 632, Sec. 39. (AB 1536) Effective January 1, 2022.)
  84. 4505.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 10. Psychiatric Technicians [4500 - 4548] ( Chapter 10 added by Stats. 1959, Ch. 1851. ) ## ARTICLE 1. Generally [4500 - 4509.5] ( Article 1 added by Stats. 1959, Ch. 1851. )

    Verify source ↗

    The board may hire whatever personnel it needs to administer this chapter, except as provided by Section 159.5.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 10. Psychiatric Technicians [4500 - 4548] ( Chapter 10 added by Stats. 1959, Ch. 1851. ) ## ARTICLE 1. Generally [4500 - 4509.5] ( Article 1 added by Stats. 1959, Ch. 1851. ) ## 4505. Except as provided by Section 159.5, the board may employ whatever personnel is necessary for the administration of this chapter. (Amended by Stats. 1983, Ch. 376, Sec. 1.)
  85. 4507.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 10. Psychiatric Technicians [4500 - 4548] ( Chapter 10 added by Stats. 1959, Ch. 1851. ) ## ARTICLE 1. Generally [4500 - 4509.5] ( Article 1 added by Stats. 1959, Ch. 1851. )

    Verify source ↗

    This section says Chapter 10 does not apply to several listed licensed or credentialed health and education professionals, and any other categories the board exempts.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 10. Psychiatric Technicians [4500 - 4548] ( Chapter 10 added by Stats. 1959, Ch. 1851. ) ## ARTICLE 1. Generally [4500 - 4509.5] ( Article 1 added by Stats. 1959, Ch. 1851. ) ## 4507. This chapter shall not apply to the following: (a) Physicians and surgeons licensed pursuant to Chapter 5 (commencing with Section 2000) of Division 2. (b) Psychologists licensed pursuant to Chapter 6.6 (commencing with Section 2900) of Division 2. (c) Registered nurses licensed pursuant to Chapter 6 (commencing with Section 2700) of Division 2. (d) Vocational nurses licensed pursuant to Chapter 6.5 (commencing with Section 2840) of Division 2. (e) Social workers or clinical social workers licensed pursuant to Chapter 14 (commencing with Section 4991) of Division 2. (f) Marriage and family therapists licensed pursuant to Chapter 13 (commencing with Section 4980) of Division 2. (g) Professional clinical counselors licensed pursuant to Chapter 16 (commencing with Section 4999.10) of Division 2. (h) Teachers credentialed pursuant to Article 1 (commencing with Section 44200) of Chapter 2 of Part 25 of Division 3 of Title 2 of the Education Code. (i) Occupational therapists as specified in Chapter 5.6 (commencing with Section 2570) of Division 2. (j) Art therapists, dance therapists, music therapists, and recreation therapists, as defined in Division 5 (commencing with Section 70001) of Title 22 of the California Code of Regulations, who are personnel of health facilities licensed pursuant to Chapter 2 (commencing with Section 1250) of Division 2 of the Health and Safety Code. (k) Any other categories of persons the board determines are entitled to exemption from this chapter because they have complied with other licensing provisions of this code or because they are deemed by statute or by regulations contained in the California Code of Regulations to be adequately trained in their respective occupations. The exemptions shall apply only to a given specialized area of training within the specific discipline for which the exemption is granted. (Amended by Stats. 2018, Ch. 389, Sec. 3. (AB 2296) Effective January 1, 2019.)
  86. 4508.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 10. Psychiatric Technicians [4500 - 4548] ( Chapter 10 added by Stats. 1959, Ch. 1851. ) ## ARTICLE 1. Generally [4500 - 4509.5] ( Article 1 added by Stats. 1959, Ch. 1851. )

    Verify source ↗

    The chapter does not prohibit church- or denomination-based provision of the regulated services, even if compensated or for profit, so long as the providers otherwise stay within the chapter’s limits.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 10. Psychiatric Technicians [4500 - 4548] ( Chapter 10 added by Stats. 1959, Ch. 1851. ) ## ARTICLE 1. Generally [4500 - 4509.5] ( Article 1 added by Stats. 1959, Ch. 1851. ) ## 4508. This chapter does not prohibit provisions of the services regulated herein with or without compensation or personal profit, when done by the tenets of any well-recognized church or denomination, so long as they do not otherwise engage in the practice set forth in the chapter. (Added by Stats. 1968, Ch. 1323.)
  87. 4509.5.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 10. Psychiatric Technicians [4500 - 4548] ( Chapter 10 added by Stats. 1959, Ch. 1851. ) ## ARTICLE 1. Generally [4500 - 4509.5] ( Article 1 added by Stats. 1959, Ch. 1851. )

    Verify source ↗

    This section says the chapter does not stop persons from doing Section 4502 services when the work is for licensure training or allied professional training.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 10. Psychiatric Technicians [4500 - 4548] ( Chapter 10 added by Stats. 1959, Ch. 1851. ) ## ARTICLE 1. Generally [4500 - 4509.5] ( Article 1 added by Stats. 1959, Ch. 1851. ) ## 4509.5. Nothing in this chapter shall be construed to prevent persons from performing services described in Section 4502 for purposes of training to qualify for licensure under a program approved by the board or for training in another allied professional field. (Added by Stats. 1969, Ch. 1073.)
  88. 451.

    ## 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 6. Public Members [450 - 453] ( Chapter 6 added by Stats. 1961, Ch. 2232. )

    Verify source ↗

    A board may not assign a single-member duty solely to a public member or lay member in the listed examination and inspection/investigation situations.

    ## 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 6. Public Members [450 - 453] ( Chapter 6 added by Stats. 1961, Ch. 2232. ) ## 451. If any board shall as a part of its functions delegate any duty or responsibility to be performed by a single member of such board, such delegation shall not be made solely to any public member or any lay member of the board in any of the following instances: (a) The actual preparation of, the administration of, and the grading of, examinations. (b) The inspection or investigation of licentiates, the manner or method of practice or doing business, or their place of practice or business. Nothing in this section shall be construed as precluding a public member or a lay member from participating in the formation of policy relating to the scope of the activities set forth in subdivisions (a) and (b) or in the approval, disapproval or modification of the action of its individual members, nor preclude such member from participating as a member of a subcommittee consisting of more than one member of the board in the performance of any duty. (Added by Stats. 1961, Ch. 2232.)
  89. 4510.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 10. Psychiatric Technicians [4500 - 4548] ( Chapter 10 added by Stats. 1959, Ch. 1851. ) ## ARTICLE 2. Licensure [4510 - 4519] ( Heading of Article 2 amended by Stats. 1968, Ch. 1323. )

    Verify source ↗

    The board must issue psychiatric technician licenses to qualified applicants who pass the required exam, and to renewal applicants who qualify and apply. The board may also issue a receipt or temporary certificate after the exam is passed and the initial license fee is received.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 10. Psychiatric Technicians [4500 - 4548] ( Chapter 10 added by Stats. 1959, Ch. 1851. ) ## ARTICLE 2. Licensure [4510 - 4519] ( Heading of Article 2 amended by Stats. 1968, Ch. 1323. ) ## 4510. (a) The board shall issue a psychiatric technician’s license to each applicant who qualifies and, if required to take it, successfully passes the examination given pursuant to this chapter. The board shall also issue a psychiatric technician’s license to each holder of a psychiatric technician license who qualifies for renewal pursuant to this chapter and who applies for renewal. (b) After the applicant passes the examination and upon receipt by the board of the initial license fee required by subdivision (h) of Section 4548, the board may issue a receipt or temporary certificate that shall serve as a valid permit for the licensee to practice under this chapter. (Amended by Stats. 2021, Ch. 632, Sec. 40. (AB 1536) Effective January 1, 2022.)
  90. 4510.1.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 10. Psychiatric Technicians [4500 - 4548] ( Chapter 10 added by Stats. 1959, Ch. 1851. ) ## ARTICLE 2. Licensure [4510 - 4519] ( Heading of Article 2 amended by Stats. 1968, Ch. 1323. )

    Verify source ↗

    An applicant for license by examination must file a written application in the form the board requires. The board may issue an interim permit if the application is timely and approved, and the permittee must work under supervision. Interim permittees may do covered training functions, but may not use any title other than the specified interim titles.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 10. Psychiatric Technicians [4500 - 4548] ( Chapter 10 added by Stats. 1959, Ch. 1851. ) ## ARTICLE 2. Licensure [4510 - 4519] ( Heading of Article 2 amended by Stats. 1968, Ch. 1323. ) ## 4510.1. An applicant for license by examination shall submit a written application in the form prescribed by the board. Provided that the application for licensure is received by the board no later than four months after completion of a board approved psychiatric technician program and approval of the application, the board may issue an interim permit authorizing the applicant to practice all skills included in the permittee’s basic course of study, pending the results of the first licensing examination, or for a period of nine months, whichever occurs first. A permittee shall function under the supervision of a licensed psychiatric technician or a registered nurse, who shall be present and available on the premises during the time the permittee is rendering professional services. The permittee may perform any function taught in the permittee’s basic psychiatric technician program. If the applicant passes the examination, the interim permit shall remain in effect until an initial license is issued by the board or for a maximum period of six months after passing the examination, whichever occurs first. If the applicant fails the examination, the interim permit shall terminate upon notice by certified mail, return receipt requested, or if the applicant fails to receive the notice, upon the date specified in the interim permit, whichever occurs first. An interim permittee shall not use any title or designation other than psychiatric technician interim permittee or “P.T.I.P.” (Amended by Stats. 2011, Ch. 338, Sec. 17. (SB 539) Effective January 1, 2012.)
  91. 4510.2.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 10. Psychiatric Technicians [4500 - 4548] ( Chapter 10 added by Stats. 1959, Ch. 1851. ) ## ARTICLE 2. Licensure [4510 - 4519] ( Heading of Article 2 amended by Stats. 1968, Ch. 1323. )

    Verify source ↗

    Applicants and licensees must give the board a physical mailing address and an email address; the email address was due by July 1, 2022.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 10. Psychiatric Technicians [4500 - 4548] ( Chapter 10 added by Stats. 1959, Ch. 1851. ) ## ARTICLE 2. Licensure [4510 - 4519] ( Heading of Article 2 amended by Stats. 1968, Ch. 1323. ) ## 4510.2. (a) Applicants and licensees shall provide the board a physical mailing address. (b) Applicants and licensees shall provide the board an electronic mail address no later than July 1, 2022. Unless an applicant specifies in writing a preference for regular mail, the board shall direct all license-related correspondence to applicants and licensees using the electronic mail address on file, including, but not limited to, renewal notices and deficiency notices. (c) The board may annually send an electronic notice to applicants and licensees to confirm their electronic mail address is current. (Added by Stats. 2021, Ch. 632, Sec. 41. (AB 1536) Effective January 1, 2022.)
  92. 4511.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 10. Psychiatric Technicians [4500 - 4548] ( Chapter 10 added by Stats. 1959, Ch. 1851. ) ## ARTICLE 2. Licensure [4510 - 4519] ( Heading of Article 2 amended by Stats. 1968, Ch. 1323. )

    Verify source ↗

    A psychiatric technician license applicant must be at least 18, have the required general education, complete approved or equivalent training, and have no disqualifying acts.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 10. Psychiatric Technicians [4500 - 4548] ( Chapter 10 added by Stats. 1959, Ch. 1851. ) ## ARTICLE 2. Licensure [4510 - 4519] ( Heading of Article 2 amended by Stats. 1968, Ch. 1323. ) ## 4511. An applicant for a psychiatric technician’s license shall have the following qualifications: (a) Be at least 18 years of age. (b) Have successfully completed an approved general education course of study through the 12th grade or the equivalent thereof as determined by the board. (c) Have successfully completed (1) a prescribed course of study and training in a school approved by the board, which course of study and training shall combine the nursing knowledge and skills necessary for the care of any ill person and in addition those special skills necessary for the care of the mentally disabled and the developmentally disabled, or (2) a course of study and training which, together with previously acquired training or experience, is determined by a school approved by the board to be equivalent in academic credits to its regular program for psychiatric technician training, or (3) have completed a course of study and training which in the opinion of the board is equivalent to the minimum requirements of an approved program for psychiatric technicians in the state. Clinical inpatient experience shall be an integral part of any such prescribed or equivalent course of study and training. (d) Have committed no act which, if committed by a licensed psychiatric technician, would be grounds for disciplinary action. (Amended by Stats. 2011, Ch. 338, Sec. 18. (SB 539) Effective January 1, 2012.)
  93. 4511.2.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 10. Psychiatric Technicians [4500 - 4548] ( Chapter 10 added by Stats. 1959, Ch. 1851. ) ## ARTICLE 2. Licensure [4510 - 4519] ( Heading of Article 2 amended by Stats. 1968, Ch. 1323. )

    Verify source ↗

    The board must deny or revoke approval for a psychiatric technician school that does not give student applicants credit for prior education and other acquired knowledge, and the school must assess certain courses for equivalency.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 10. Psychiatric Technicians [4500 - 4548] ( Chapter 10 added by Stats. 1959, Ch. 1851. ) ## ARTICLE 2. Licensure [4510 - 4519] ( Heading of Article 2 amended by Stats. 1968, Ch. 1323. ) ## 4511.2. The board shall deny the application for approval made by, and shall revoke the approval given to, any psychiatric technician school that does not give to student applicants credit, in the fields of nursing and psychiatric technician practice, for previous education and the opportunity to obtain credit for other acquired knowledge by the use of challenge examinations or other methods of evaluation. The board shall prescribe, by regulation, the education for which credit is to be given and the amount of credit that is to be given for each type of education, including the amount of credit to be given to a psychiatric technician assistant, a certified nurse assistant, a nurse assistant who has provided direct nursing services in health facilities, and an applicant who has successfully completed equivalent courses offered by a secondary school that is accredited by the State Department of Education in any state or by a nationally recognized, regional accrediting body. These courses shall be assessed for equivalency by the psychiatric technician school. (Amended by Stats. 2011, Ch. 338, Sec. 19. (SB 539) Effective January 1, 2012.)
  94. 4512.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 10. Psychiatric Technicians [4500 - 4548] ( Chapter 10 added by Stats. 1959, Ch. 1851. ) ## ARTICLE 2. Licensure [4510 - 4519] ( Heading of Article 2 amended by Stats. 1968, Ch. 1323. )

    Verify source ↗

    A psychiatric technician license applicant must pay the application fee when filing the application.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 10. Psychiatric Technicians [4500 - 4548] ( Chapter 10 added by Stats. 1959, Ch. 1851. ) ## ARTICLE 2. Licensure [4510 - 4519] ( Heading of Article 2 amended by Stats. 1968, Ch. 1323. ) ## 4512. An applicant for a psychiatric technician’s license shall, upon the filing of the application, pay to the board the application fee prescribed by this chapter. (Amended by Stats. 2021, Ch. 632, Sec. 42. (AB 1536) Effective January 1, 2022.)
  95. 4513.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 10. Psychiatric Technicians [4500 - 4548] ( Chapter 10 added by Stats. 1959, Ch. 1851. ) ## ARTICLE 2. Licensure [4510 - 4519] ( Heading of Article 2 amended by Stats. 1968, Ch. 1323. )

    Verify source ↗

    Applicants for a psychiatric technician’s license must be examined by the board, unless this chapter provides otherwise.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 10. Psychiatric Technicians [4500 - 4548] ( Chapter 10 added by Stats. 1959, Ch. 1851. ) ## ARTICLE 2. Licensure [4510 - 4519] ( Heading of Article 2 amended by Stats. 1968, Ch. 1323. ) ## 4513. Unless otherwise provided in this chapter, every applicant for a psychiatric technician’s license shall be examined by the board. The examination shall be held at least once a year and at the times and places determined by the board. (Amended by Stats. 1968, Ch. 1323.)
  96. 4515.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 10. Psychiatric Technicians [4500 - 4548] ( Chapter 10 added by Stats. 1959, Ch. 1851. ) ## ARTICLE 2. Licensure [4510 - 4519] ( Heading of Article 2 amended by Stats. 1968, Ch. 1323. )

    Verify source ↗

    The board may issue a psychiatric technician license on written application and payment of the required fee if the applicant holds a valid unrevoked psychiatric technician license or certificate from another state or a foreign country and meets Section 4511 qualifications in the board’s opinion.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 10. Psychiatric Technicians [4500 - 4548] ( Chapter 10 added by Stats. 1959, Ch. 1851. ) ## ARTICLE 2. Licensure [4510 - 4519] ( Heading of Article 2 amended by Stats. 1968, Ch. 1323. ) ## 4515. Upon written application and receipt of the required application fee the board may issue a license to any applicant who possesses a valid unrevoked license or certificate as a psychiatric technician issued by any other state or a foreign country, and who in the opinion of the board has the qualifications set forth in Section 4511. (Amended by Stats. 1968, Ch. 1323.)
  97. 4516.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 10. Psychiatric Technicians [4500 - 4548] ( Chapter 10 added by Stats. 1959, Ch. 1851. ) ## ARTICLE 2. Licensure [4510 - 4519] ( Heading of Article 2 amended by Stats. 1968, Ch. 1323. )

    Verify source ↗

    Licensed psychiatric technicians may use that title and may add “P.T.” after their name.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 10. Psychiatric Technicians [4500 - 4548] ( Chapter 10 added by Stats. 1959, Ch. 1851. ) ## ARTICLE 2. Licensure [4510 - 4519] ( Heading of Article 2 amended by Stats. 1968, Ch. 1323. ) ## 4516. Every person licensed under this chapter may be known as a licensed psychiatric technician and may place the letters P.T. after the licensee’s name. (Amended by Stats. 2021, Ch. 632, Sec. 43. (AB 1536) Effective January 1, 2022.)
  98. 4517.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 10. Psychiatric Technicians [4500 - 4548] ( Chapter 10 added by Stats. 1959, Ch. 1851. ) ## ARTICLE 2. Licensure [4510 - 4519] ( Heading of Article 2 amended by Stats. 1968, Ch. 1323. )

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    The board may choose to provide a continuing education program for this chapter, and any required course hours cannot exceed the amount set for licensed vocational nurses under Section 2892.5.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 10. Psychiatric Technicians [4500 - 4548] ( Chapter 10 added by Stats. 1959, Ch. 1851. ) ## ARTICLE 2. Licensure [4510 - 4519] ( Heading of Article 2 amended by Stats. 1968, Ch. 1323. ) ## 4517. The board may, in its discretion, provide for a continuing education program in connection with the professional functions and courses described in this chapter. The number of course hours that the board may require in a continuing education program shall not exceed the number of course hours prescribed for licensed vocational nurses pursuant to Section 2892.5. (Added by Stats. 1988, Ch. 1078, Sec. 1.)
  99. 4518.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 10. Psychiatric Technicians [4500 - 4548] ( Chapter 10 added by Stats. 1959, Ch. 1851. ) ## ARTICLE 2. Licensure [4510 - 4519] ( Heading of Article 2 amended by Stats. 1968, Ch. 1323. )

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    If the board adopts a continuing education or blood withdrawal program, it must collect an initial approval fee and a biennial renewal fee from course providers who seek approval, and the fee cannot exceed the board’s administration cost.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 10. Psychiatric Technicians [4500 - 4548] ( Chapter 10 added by Stats. 1959, Ch. 1851. ) ## ARTICLE 2. Licensure [4510 - 4519] ( Heading of Article 2 amended by Stats. 1968, Ch. 1323. ) ## 4518. In the event the board adopts a continuing education or blood withdrawal program, the board shall collect an initial approval and a biennial renewal fee as prescribed under Sections 4548 and 4518.1 from any provider of a course in continuing education or blood withdrawal who requests approval by the board of the course for purposes of continuing education or blood withdrawal requirements adopted by the board. The fee, however, shall in no event exceed the cost required for the board to administer the approval of continuing education or blood withdrawal courses by continuing education or blood withdrawal providers. (Amended by Stats. 2018, Ch. 571, Sec. 20. (SB 1480) Effective January 1, 2019.)
  100. 4518.1.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 10. Psychiatric Technicians [4500 - 4548] ( Chapter 10 added by Stats. 1959, Ch. 1851. ) ## ARTICLE 2. Licensure [4510 - 4519] ( Heading of Article 2 amended by Stats. 1968, Ch. 1323. )

    Verify source ↗

    The board must collect a $150 initial approval fee and biennial renewal fee, unless it sets a higher fee up to $250.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 10. Psychiatric Technicians [4500 - 4548] ( Chapter 10 added by Stats. 1959, Ch. 1851. ) ## ARTICLE 2. Licensure [4510 - 4519] ( Heading of Article 2 amended by Stats. 1968, Ch. 1323. ) ## 4518.1. The board shall collect an initial approval and a biennial renewal fee in the amount of one hundred fifty dollars ($150) unless a higher fee, not to exceed two hundred fifty dollars ($250), is established by the board, from any provider of continuing education or a course to meet the certification requirements for blood withdrawal who requests approval by the board of the course for purposes of continuing education or blood withdrawal requirements under this chapter. That fee, however, shall not exceed the regulatory cost required for the board to administer the approval of continuing education or blood withdrawal by continuing education or blood withdrawal providers. (Added by Stats. 2018, Ch. 571, Sec. 21. (SB 1480) Effective January 1, 2019.)
  101. 4519.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 10. Psychiatric Technicians [4500 - 4548] ( Chapter 10 added by Stats. 1959, Ch. 1851. ) ## ARTICLE 2. Licensure [4510 - 4519] ( Heading of Article 2 amended by Stats. 1968, Ch. 1323. )

    Verify source ↗

    The state may not spend state funds to release a state-employed psychiatric technician from duty to attend continuing education, except for in-service training and related state-provided programs.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 10. Psychiatric Technicians [4500 - 4548] ( Chapter 10 added by Stats. 1959, Ch. 1851. ) ## ARTICLE 2. Licensure [4510 - 4519] ( Heading of Article 2 amended by Stats. 1968, Ch. 1323. ) ## 4519. (a) In the case of a person who is employed by the state as a psychiatric technician, no state funds shall be expended in releasing the person from duty to attend continuing education courses, other than funds for in-service training and related state-provided programs. (b) If the provisions of this section are in conflict with the provisions of a memorandum of understanding reached pursuant to Section 3517.5 of the Government Code, the memorandum of understanding shall be controlling without further legislative action, except that, if the provisions of a memorandum of understanding require the expenditure of funds, the provisions shall not become effective unless approved by the Legislature in the annual Budget Act. (Amended by Stats. 2000, Ch. 208, Sec. 1. Effective January 1, 2001.)
  102. 452.

    ## 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 6. Public Members [450 - 453] ( Chapter 6 added by Stats. 1961, Ch. 2232. )

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    In this chapter, “board” includes several kinds of similarly constituted bodies that exercise powers under the 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 6. Public Members [450 - 453] ( Chapter 6 added by Stats. 1961, Ch. 2232. ) ## 452. “Board,” as used in this chapter, includes a board, advisory board, commission, examining committee, committee or other similarly constituted body exercising powers under this code. (Amended by Stats. 1976, Ch. 1188.)
  103. 4520.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 10. Psychiatric Technicians [4500 - 4548] ( Chapter 10 added by Stats. 1959, Ch. 1851. ) ## ARTICLE 3. Disciplinary Proceedings [4520 - 4524] ( Article 3 added by Stats. 1959, Ch. 1851. )

    Verify source ↗

    Licensed psychiatric technicians under this chapter may be disciplined under this article.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 10. Psychiatric Technicians [4500 - 4548] ( Chapter 10 added by Stats. 1959, Ch. 1851. ) ## ARTICLE 3. Disciplinary Proceedings [4520 - 4524] ( Article 3 added by Stats. 1959, Ch. 1851. ) ## 4520. Every licensed psychiatric technician under this chapter may be disciplined as provided in this article. The disciplinary proceedings shall be conducted by the board 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. 1968, Ch. 1323.)
  104. 4521.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 10. Psychiatric Technicians [4500 - 4548] ( Chapter 10 added by Stats. 1959, Ch. 1851. ) ## ARTICLE 3. Disciplinary Proceedings [4520 - 4524] ( Article 3 added by Stats. 1959, Ch. 1851. )

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    The board may suspend or revoke a psychiatric technician license for listed misconduct, and it must try to ensure regulated persons are informed about infection control responsibilities and safeguards.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 10. Psychiatric Technicians [4500 - 4548] ( Chapter 10 added by Stats. 1959, Ch. 1851. ) ## ARTICLE 3. Disciplinary Proceedings [4520 - 4524] ( Article 3 added by Stats. 1959, Ch. 1851. ) ## 4521. The board may suspend or revoke a license issued under this chapter for any of the following reasons: (a) Unprofessional conduct, which includes, but is not limited to, any of the following: (1) Incompetence or gross negligence in carrying out usual psychiatric technician functions. (2) A conviction of practicing medicine without a license in violation of Chapter 5 (commencing with Section 2000) of Division 2, the record of conviction being conclusive evidence thereof. (3) The use of advertising relating to psychiatric technician services which violates Section 17500. (4) Obtain or possess in violation of law, or prescribe, or, except as directed by a licensed physician and surgeon, dentist, or podiatrist, administer to the licensee or furnish or administer to another, any controlled substance as defined in Division 10 (commencing with Section 11000) of the Health and Safety Code or any dangerous drug as defined in Section 4022. (5) Use any controlled substance as defined in Division 10 (commencing with Section 11000) of the Health and Safety Code, or any dangerous drug as defined in Section 4022, or alcoholic beverages, to an extent or in a manner dangerous or injurious to the licensee, any other person, or the public or to the extent that the use impairs the ability to conduct with safety to the public the practice authorized by their license. (6) Be convicted of a criminal offense involving the falsification of records concerning prescription, possession, or consumption of any of the substances described in paragraphs (4) and (5), in which event the record of the conviction is conclusive evidence of the conviction. The board may inquire into the circumstances surrounding the commission of the crime in order to fix the degree of discipline. (7) Be committed or confined by a court of competent jurisdiction for intemperate use of or addiction to the use of any of the substances described in paragraphs (4) and (5), in which event the court order of commitment or confinement is prima facie evidence of the commitment or confinement. (8) Falsify, or make grossly incorrect, grossly inconsistent, or unintelligible entries in any hospital, patient, or other record pertaining to the substances described in paragraph (4). (b) Procuring a certificate or license by fraud, misrepresentation, or mistake. (c) Violating or attempting to violate, directly or indirectly, or assisting in or abetting the violation of, or conspiring to violate any provision or terms of this chapter. (d) Giving any false statement or information in connection with an application. (e) Conviction of any offense substantially related to the qualifications, functions, and duties of a psychiatric technician, in which event the record of the conviction shall be conclusive evidence of the conviction. The board may inquire into the circumstances surrounding the commission of the crime in order to fix the degree of discipline. (f) Impersonating any applicant or acting as proxy for an applicant in any examination required by this chapter. (g) Impersonating another practitioner, or permitting another person to use the licensee’s certificate or license. (h) The use of excessive force upon or the mistreatment or abuse of any patient. (i) Aiding or assisting, or agreeing to aid or assist any person or persons, whether a licensed physician or not, in the performance of or arranging for a violation of any of the provisions of Article 12 (commencing with Section 2220) of Chapter 5 of Division 2. (j) Failure to maintain confidentiality of patient medical information, except as disclosure is otherwise permitted or required by law. (k) Failure to report to the commission any act prohibited by this section. (l) The commission of any act punishable as a sexually related crime, if that act is substantially related to the duties and functions of the licensee. (m) The commission of any act involving dishonesty, when that action is substantially related to the duties and functions of the licensee. (n) Except for good cause, the knowing failure to protect patients by failing to follow infection control guidelines, thereby risking transmission of blood-borne infectious diseases from licensee to patient, from patient to patient, and from patient to licensee. 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 blood-borne pathogens in health care settings. As necessary, the board shall consult with the Medical Board of California, the Board of Dental Examiners, and the Board of Registered Nursing, to encourage appropriate consistency in the implementation of this section. (o) The board shall seek to ensure that licentiates and others regulated by the board are informed of the responsibility of licentiates and others to follow infection control guidelines, and of the most recent scientifically recognized safeguards for minimizing the risk of transmission of blood-borne infectious diseases. (Amended by Stats. 2025, Ch. 136, Sec. 10. (AB 260) Effective September 26, 2025.)
  105. 4521.1.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 10. Psychiatric Technicians [4500 - 4548] ( Chapter 10 added by Stats. 1959, Ch. 1851. ) ## ARTICLE 3. Disciplinary Proceedings [4520 - 4524] ( Article 3 added by Stats. 1959, Ch. 1851. )

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    The board may issue a probationary initial license to certain applicants and can attach or later change probation terms.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 10. Psychiatric Technicians [4500 - 4548] ( Chapter 10 added by Stats. 1959, Ch. 1851. ) ## ARTICLE 3. Disciplinary Proceedings [4520 - 4524] ( Article 3 added by Stats. 1959, Ch. 1851. ) ## 4521.1. (a) The board may issue an initial license on probation, with specific terms and conditions, to any applicant who has violated any term of this chapter, but who has met all other requirements for licensure and who has successfully completed the examination for licensure within four years of the date of issuance of the initial license. (b) Specific terms and conditions may include, but are not limited to, the following: (1) Continuing medical, psychiatric, or psychological treatment. (2) Ongoing participation in a specified rehabilitation program. (3) Abstention from the use of alcohol or drugs. (4) Compliance with all provisions of this chapter. (c) (1) Notwithstanding any other provision of law, and for purposes of this section, when deciding whether to issue a probationary license, the board shall request that an applicant with a dismissed conviction provide proof of that dismissal and shall give special consideration to applicants whose convictions have been dismissed pursuant to Section 1203.4 or 1203.4a of the Penal Code. (2) The board shall also take into account and consider any other reasonable documents or individual character references provided by the applicant that may serve as evidence of rehabilitation as deemed appropriate by the board. (d) The board may modify or terminate the terms and conditions imposed on the probationary license upon receipt of a petition from the applicant or licensee. (e) For purposes of issuing a probationary license to qualified new applicants, the board shall develop standard terms of probation that shall include, but not be limited to, the following: (1) A three-year limit on the individual probationary license. (2) A process to obtain a standard license for applicants who were issued a probationary license. (3) Supervision requirements. (4) Compliance and quarterly reporting requirements. (Amended by Stats. 2008, Ch. 675, Sec. 3. Effective January 1, 2009.)
  106. 4521.2.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 10. Psychiatric Technicians [4500 - 4548] ( Chapter 10 added by Stats. 1959, Ch. 1851. ) ## ARTICLE 3. Disciplinary Proceedings [4520 - 4524] ( Article 3 added by Stats. 1959, Ch. 1851. )

    Verify source ↗

    Psychiatric technicians, employers, employment agencies, and nursing registries must report certain misconduct or employment actions to the board, and employers can be fined for failing to report.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 10. Psychiatric Technicians [4500 - 4548] ( Chapter 10 added by Stats. 1959, Ch. 1851. ) ## ARTICLE 3. Disciplinary Proceedings [4520 - 4524] ( Article 3 added by Stats. 1959, Ch. 1851. ) ## 4521.2. (a) If a psychiatric technician has knowledge that another person has committed any act prohibited by Section 4521, the psychiatric technician shall report this information to the board in writing and shall cooperate with the board in furnishing information or assistance as may be required. (b) Any employer of a psychiatric technician shall report to the board the suspension or termination for cause, or resignation for cause, of any psychiatric technician in their employ. In the case of psychiatric technicians employed by the state, the report shall not be made until after the conclusion of the review process specified in Section 52.6 of Title 2 of the California Code of Regulations and Skelly v. State Personnel Bd. (1975) 15 Cal.3d 194. The reporting required herein shall not constitute a waiver of confidentiality of medical records. The information reported or disclosed shall be kept confidential except as provided in subdivision (d), and shall not be subject to discovery in civil cases. (c) An employment agency or nursing registry shall report to the board the rejection from assignment of a licensed psychiatric technician by a health facility or home health care provider due to acts that would be cause for suspension or termination as described in subdivision (d). (d) For purposes of this section, “suspension, termination, or resignation for cause” or “rejection from assignment” are defined as suspension, termination, or resignation from employment, or rejection from assignment, for any of the following reasons: (1) Use of controlled substances or alcohol to such an extent that it impairs the licensee’s ability to safely practice as a psychiatric technician. (2) Unlawful sale of controlled substances or other prescription items. (3) Patient or client abuse, neglect, physical harm, or sexual contact with a patient or client. (4) Falsification of medical records. (5) Gross negligence or incompetence. (6) Theft from patients or clients, other employees, or the employer. (e) Failure of an employer to make a report required by this section is punishable by an administrative fine not to exceed ten thousand dollars ($10,000) per violation. (f) Pursuant to Section 43.8 of the Civil Code, no person shall incur any civil penalty as a result of making any report required by this chapter. (g) The board shall implement this section contingent upon necessary funding being provided in the annual Budget Act. (h) For purposes of this section, “employer” includes employment agencies and nursing registries. (Amended by Stats. 2021, Ch. 632, Sec. 45. (AB 1536) Effective January 1, 2022.)
  107. 4521.6.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 10. Psychiatric Technicians [4500 - 4548] ( Chapter 10 added by Stats. 1959, Ch. 1851. ) ## ARTICLE 3. Disciplinary Proceedings [4520 - 4524] ( Article 3 added by Stats. 1959, Ch. 1851. )

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    The board may deny an application or suspend or revoke a license or permit under this chapter for specified disciplinary grounds.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 10. Psychiatric Technicians [4500 - 4548] ( Chapter 10 added by Stats. 1959, Ch. 1851. ) ## ARTICLE 3. Disciplinary Proceedings [4520 - 4524] ( Article 3 added by Stats. 1959, Ch. 1851. ) ## 4521.6. The board may deny any application or may suspend or revoke any license or permit issued under this chapter, for any of the following: (a) The denial of licensure, suspension, restriction of license, or voluntary surrender following the initiation of disciplinary action by another state or other government agency, of a license, registration, permit, or certificate to practice as a health care professional shall constitute grounds for denial of a permit or license or for disciplinary action against a licensee. A certified copy of the finding from another state which establishes an act which if committed in California would be grounds for discipline shall be conclusive evidence of that action. (b) The denial of licensure, suspension, restriction of license, or voluntary surrender following the initiation of disciplinary action by another California health care professional licensing board shall constitute grounds for denial of a permit or license or for disciplinary action against a licensee. A certified copy of the decision or judgment shall be conclusive evidence of that action. (Added by Stats. 1992, Ch. 1289, Sec. 38. Effective January 1, 1993.)
  108. 4522.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 10. Psychiatric Technicians [4500 - 4548] ( Chapter 10 added by Stats. 1959, Ch. 1851. ) ## ARTICLE 3. Disciplinary Proceedings [4520 - 4524] ( Article 3 added by Stats. 1959, Ch. 1851. )

    Verify source ↗

    The board may revoke, suspend, or deny psychiatric technician licenses, and it must provide reasons for a denial and meet specified record-sharing, record-retention, and hearing-timing rules.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 10. Psychiatric Technicians [4500 - 4548] ( Chapter 10 added by Stats. 1959, Ch. 1851. ) ## ARTICLE 3. Disciplinary Proceedings [4520 - 4524] ( Article 3 added by Stats. 1959, Ch. 1851. ) ## 4522. (a) Notwithstanding Section 4521 or any other law, the board may revoke, suspend, or deny at any time a license under this chapter on any of the grounds for disciplinary action provided in this chapter. The 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 the powers granted therein. (b) The board may deny a license to an applicant on any of the grounds specified in Section 480. (c) In addition to the requirements provided in Sections 485 and 486, upon denial of an application for a license, the board shall provide a statement of reasons for the denial that does the following: (1) Evaluates evidence of rehabilitation submitted by the applicant, if any. (2) Provides the board’s criteria relating to rehabilitation, formulated pursuant to Section 482, that takes into account the age and severity of the offense, and the evidence relating to participation in treatment or other rehabilitation programs. (3) If the board’s decision was based on the applicant’s prior criminal conviction, justifies the board’s denial of a license and conveys the reasons why the prior criminal conviction is substantially related to the qualifications, functions, or duties of a licensed psychiatric technician. (d) Commencing July 1, 2009, all of the following shall apply: (1) If the denial of a license is due at least in part to the applicant’s state or federal criminal history record, the board shall, in addition to the information provided pursuant to paragraph (3) of subdivision (c), provide to the applicant a copy of the applicant’s criminal history record if the applicant makes a written request to the board for a copy, specifying an address to which it is to be sent. (A) The state or federal criminal history record shall not be modified or altered from its form or content as provided by the Department of Justice. (B) The criminal history record shall be provided in such a manner as to protect the confidentiality and privacy of the applicant’s criminal history record and the criminal history record shall not be made available by the board to any employer. (C) The board shall retain a copy of the applicant’s written request and a copy of the response sent to the applicant, which shall include the date and the address to which the response was sent. (2) The board shall make that information available upon request by the Department of Justice or the Federal Bureau of Investigation. (e) Notwithstanding Section 487, the board shall conduct a hearing of a license denial within 90 days of receiving an applicant’s request for a hearing. For all other hearing requests, the board shall determine when the hearing shall be conducted. (Amended by Stats. 2021, Ch. 632, Sec. 46. (AB 1536) Effective January 1, 2022.)
  109. 4523.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 10. Psychiatric Technicians [4500 - 4548] ( Chapter 10 added by Stats. 1959, Ch. 1851. ) ## ARTICLE 3. Disciplinary Proceedings [4520 - 4524] ( Article 3 added by Stats. 1959, Ch. 1851. )

    Verify source ↗

    Certain guilty pleas or convictions count as convictions for this article, and the board may suspend or revoke a license or refuse to issue one in specified post-appeal situations.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 10. Psychiatric Technicians [4500 - 4548] ( Chapter 10 added by Stats. 1959, Ch. 1851. ) ## ARTICLE 3. Disciplinary Proceedings [4520 - 4524] ( Article 3 added by Stats. 1959, Ch. 1851. ) ## 4523. A plea or verdict of guilty or a conviction following a plea of nolo contendere made to a charge substantially related to the qualifications, functions, and duties of a psychiatric technician is deemed to be a conviction within the meaning of this article. The board may order the license suspended or revoked or may decline to issue a license, when the time for appeal has lapsed, or the judgment or conviction has been affirmed on appeal or when an order granting probation is made suspending the imposition of sentence, irrespective of a subsequent order under the provisions of Section 1203.4 of the Penal Code allowing the person to withdraw the 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. 2021, Ch. 632, Sec. 47. (AB 1536) Effective January 1, 2022.)
  110. 4524.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 10. Psychiatric Technicians [4500 - 4548] ( Chapter 10 added by Stats. 1959, Ch. 1851. ) ## ARTICLE 3. Disciplinary Proceedings [4520 - 4524] ( Article 3 added by Stats. 1959, Ch. 1851. )

    Verify source ↗

    A disciplined licensee may ask the board to reinstate the license or modify the penalty after waiting the required minimum period; the board must notify the Attorney General, hold the petition, and issue a written decision.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 10. Psychiatric Technicians [4500 - 4548] ( Chapter 10 added by Stats. 1959, Ch. 1851. ) ## ARTICLE 3. Disciplinary Proceedings [4520 - 4524] ( Article 3 added by Stats. 1959, Ch. 1851. ) ## 4524. (a) A person whose license has been revoked, suspended, surrendered, or placed on probation, may petition the board for reinstatement or modification of the penalty, including modification or termination of probation, after a period not less than the following minimum periods has elapsed from the effective date of the disciplinary order or if any portion of the order is stayed by the board itself or by the superior court, from the date the disciplinary action is actually implemented in its entirety: (1) Except as otherwise provided in this section, at least three years for the reinstatement of a license that was revoked or surrendered, except that the board may, in its sole discretion, specify in its order a lesser period of time, which shall be no less than one year to petition for reinstatement. (2) At least two years for the early termination of a probation period of three years or more. (3) At least one year for the early termination of a probation period of less than three years. (4) At least one year for the modification of a condition of probation, or for the reinstatement of a license revoked for mental or physical illness. (b) The board shall give notice to the Attorney General of the filing of the petition. The petitioner and the Attorney General shall be given timely notice by letter of the time and place of the hearing on the petition, and an opportunity to present both oral and documentary evidence and argument to the board. The petitioner shall at all times have the burden of proof to establish by clear and convincing evidence that the petitioner is entitled to the relief sought in the petition. (c) The board itself or the administrative law judge, if one is designated by the board, shall hear the petition and shall prepare a written decision setting forth the reasons supporting the decision. (d) The board may grant or deny the petition or may impose any terms and conditions that it reasonably deems appropriate as a condition of reinstatement or reduction of penalty. (e) 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 or subject to an order of registration pursuant to Section 290 of the Penal Code. No petition shall be considered while there is an accusation or petition to revoke probation pending against the petitioner. (f) Except in those cases where the petitioner has been disciplined for a violation of Section 822, the board may in its discretion deny without hearing or argument any petition that is filed pursuant to this section within a period of two years from the effective date of a prior decision following a hearing under this section. (g) Nothing in this section shall be deemed to alter the provisions of Sections 822 and 823. (Amended by Stats. 2021, Ch. 632, Sec. 48. (AB 1536) Effective January 1, 2022.)
  111. 453.

    ## 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 6. Public Members [450 - 453] ( Chapter 6 added by Stats. 1961, Ch. 2232. )

    Verify source ↗

    Newly appointed board members must complete a department-offered training and orientation program within one year of taking office.

    ## 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 6. Public Members [450 - 453] ( Chapter 6 added by Stats. 1961, Ch. 2232. ) ## 453. Every newly appointed board member shall, within one year of assuming office, complete a training and orientation program offered by the department regarding, among other things, his or her functions, responsibilities, and obligations as a member of a board. The department shall adopt regulations necessary to establish this training and orientation program and its content. (Added by Stats. 2002, Ch. 1150, Sec. 1.4. Effective January 1, 2003.)
  112. 4530.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 10. Psychiatric Technicians [4500 - 4548] ( Chapter 10 added by Stats. 1959, Ch. 1851. ) ## ARTICLE 4. Schools for Preparation of Psychiatric Technicians [4530 - 4532] ( Article 4 added by Stats. 1959, Ch. 1851. )

    Verify source ↗

    The board must prepare and keep a list of approved schools that offer an approved psychiatric technician program.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 10. Psychiatric Technicians [4500 - 4548] ( Chapter 10 added by Stats. 1959, Ch. 1851. ) ## ARTICLE 4. Schools for Preparation of Psychiatric Technicians [4530 - 4532] ( Article 4 added by Stats. 1959, Ch. 1851. ) ## 4530. The board shall prepare and maintain a list of approved schools which offer an approved program for psychiatric technicians. (Amended by Stats. 2011, Ch. 338, Sec. 21. (SB 539) Effective January 1, 2012.)
  113. 4531.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 10. Psychiatric Technicians [4500 - 4548] ( Chapter 10 added by Stats. 1959, Ch. 1851. ) ## ARTICLE 4. Schools for Preparation of Psychiatric Technicians [4530 - 4532] ( Article 4 added by Stats. 1959, Ch. 1851. )

    Verify source ↗

    An approved psychiatric technician school must meet minimum instruction hours, cover specified care principles, include clinical inpatient experience, and usually obtain that experience in a state hospital unless the board finds that not feasible.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 10. Psychiatric Technicians [4500 - 4548] ( Chapter 10 added by Stats. 1959, Ch. 1851. ) ## ARTICLE 4. Schools for Preparation of Psychiatric Technicians [4530 - 4532] ( Article 4 added by Stats. 1959, Ch. 1851. ) ## 4531. The course of instruction of an approved school shall consist of not less than the number of hours or semester units of instruction required for the other program administered by the board. The subjects of instruction shall include the principles of the care of the mentally disabled and the developmentally disabled. Clinical inpatient experience shall be an integral part of that prescribed or equivalent course of study and training. The experience shall be obtained in a state hospital, except where the board finds that the requirement is not feasible due either to the distance of a state hospital from the school or the unavailability, as determined by the State Department of Developmental Services or the State Department of State Hospitals, of state hospital clinical training placements. (Amended by Stats. 2012, Ch. 24, Sec. 5. (AB 1470) Effective June 27, 2012.)
  114. 4531.1.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 10. Psychiatric Technicians [4500 - 4548] ( Chapter 10 added by Stats. 1959, Ch. 1851. ) ## ARTICLE 4. Schools for Preparation of Psychiatric Technicians [4530 - 4532] ( Article 4 added by Stats. 1959, Ch. 1851. )

    Verify source ↗

    This section sets the approval timeline and fee rules for schools or programs for psychiatric technicians.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 10. Psychiatric Technicians [4500 - 4548] ( Chapter 10 added by Stats. 1959, Ch. 1851. ) ## ARTICLE 4. Schools for Preparation of Psychiatric Technicians [4530 - 4532] ( Article 4 added by Stats. 1959, Ch. 1851. ) ## 4531.1. (a) The approval process for a school or program shall be consistent with the following timelines: (1) (A) Upon receipt of a complete letter of intent to submit an application for approval as a school or program for psychiatric technicians, the board shall notify the proposed school or program of the steps in the approval process and provide an estimated wait time until active assignment to a nursing education consultant. (B) A school or program for psychiatric technicians that fails to submit a complete letter of intent within 30 days from the date the board notifies the school or program of deficiencies shall be taken out of consideration for approval as a new school or program and may only reapply after six months. (C) Upon active assignment of a nursing education consultant, the school or program shall submit an initial application for approval within 60 days. (2) (A) Within 30 days of the date the board receives an initial application for approval, the board shall notify the school or program whether the application is complete. (B) A notice that an initial application is not complete shall specify what additional documents or payment of fees the school or program is required to submit to the board to make the application complete. (3) Within 60 days from the date the board notifies the school or program that the initial application is not complete, the school or program shall provide the missing information. If a school or program fails to submit the required information, the board shall take the application out of consideration consistent with subdivision (c) of Section 4531.2. (4) Within six months of the date the board receives an initial application for approval as a school or program, the board shall approve the school or program, deny approval, or notify the school or program that corrective action is required. (b) A school or program for psychiatric technicians seeking approval by the board shall remit to the board for deposit in the Vocational Nursing and Psychiatric Technicians Fund fees in accordance with the following schedule: (1) The nonrefundable initial application fee shall be in an amount equal to the reasonable costs incurred by the board in reviewing and processing the application up to five thousand dollars ($5,000). (2) (A) Except as provided in subparagraph (B), the final approval fee shall be in an amount equal to the reasonable costs incurred by the board in the application approval process up to fifteen thousand dollars ($15,000). (B) The final approval fee for an applicant program that meets both of the following criteria shall be in an amount equal to the reasonable costs incurred by the board in the application approval process up to five thousand dollars ($5,000): (i) The program is affiliated with an approved school or program that is in good standing. (ii) The program utilizes the curriculum and policies approved by the board for the approved school or program. (3) The continuing approval fee shall be in an amount equal to the reasonable costs incurred by the board in providing oversight and review of a school or program up to five thousand dollars ($5,000) once every four years. (c) If the board makes an initial determination that the cost of providing oversight and review of a school or program under this section is less than the amount of any fees required to be paid by that school or program, the board shall decrease the fees applicable to that institution to an amount that is proportional to the board’s reasonable costs associated with that school or program. (d) The board may reduce the continuing approval fees, by no more than one-half of the established fee, for a program that experiences a reduction in enrollment capacity that directly leads to a reduction in state funding. The board shall require a program to provide documentation for the purposes of issuing the fee reduction. (e) This section shall remain in effect only until January 1, 2029, and as of that date is repealed. (Amended by Stats. 2024, Ch. 590, Sec. 10. (AB 3255) Effective January 1, 2025. Repealed as of January 1, 2029, by its own provisions.)
  115. 4531.2.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 10. Psychiatric Technicians [4500 - 4548] ( Chapter 10 added by Stats. 1959, Ch. 1851. ) ## ARTICLE 4. Schools for Preparation of Psychiatric Technicians [4530 - 4532] ( Article 4 added by Stats. 1959, Ch. 1851. )

    Verify source ↗

    The board must keep a list of inactive psychiatric technician schools and programs. Applicants must reply to the board within two weeks, and failures to respond, submit documents, or pay fees can lead to inactive status.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 10. Psychiatric Technicians [4500 - 4548] ( Chapter 10 added by Stats. 1959, Ch. 1851. ) ## ARTICLE 4. Schools for Preparation of Psychiatric Technicians [4530 - 4532] ( Article 4 added by Stats. 1959, Ch. 1851. ) ## 4531.2. (a) The board shall maintain a list of inactive schools and programs for psychiatric technicians seeking board approval. (b) A school or program for psychiatric technicians seeking board approval shall respond to the board within two weeks of each inquiry or request during all phases of the application process after the school or program has submitted an initial application for approval pursuant to Section 4531.1. A school or program that does not respond within two weeks, fails to submit documentation required by the board in time, or fails to pay the required fees, shall be designated as inactive. (c) A school or program for psychiatric technicians seeking board approval that has been on the inactive list for 90 days over the course of the application period shall be taken out of consideration for a new school or program and may only reapply after six months. (Amended by Stats. 2024, Ch. 590, Sec. 11. (AB 3255) Effective January 1, 2025.)
  116. 4532.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 10. Psychiatric Technicians [4500 - 4548] ( Chapter 10 added by Stats. 1959, Ch. 1851. ) ## ARTICLE 4. Schools for Preparation of Psychiatric Technicians [4530 - 4532] ( Article 4 added by Stats. 1959, Ch. 1851. )

    Verify source ↗

    The board must inspect or review psychiatric technician schools and programs, approve those that meet its requirements, and may cite, fine, remove, or place a school on provisional approval if problems are not fixed.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 10. Psychiatric Technicians [4500 - 4548] ( Chapter 10 added by Stats. 1959, Ch. 1851. ) ## ARTICLE 4. Schools for Preparation of Psychiatric Technicians [4530 - 4532] ( Article 4 added by Stats. 1959, Ch. 1851. ) ## 4532. (a) It shall be the duty of the board, through an official representative, to inspect or review all schools or programs for psychiatric technicians in this state at such times as the board shall deem necessary. Written reports of the inspection or review shall be made to the board, which shall then approve the schools or programs that meet the requirements provided by the board. (b) (1) Upon receiving the report of the representative, if the board determines that any school or program for psychiatric technicians is not maintaining the standard required by the board, notice thereof in writing specifying the defect or defects shall be immediately given to the school or program. If the defects are not corrected within a reasonable time, the school or program may be issued a citation and assessed a fine as specified under subdivision (c) or removed from the approved list and notice thereof in writing given to it. (2) Until the board establishes regulations pursuant to subdivision (c), a school or program may only be removed from the approved list if defects are not corrected within a reasonable time. (c) (1) The board may issue a citation, which may contain an order of abatement or an order to pay an administrative fine, if it has established, by regulation, a system for the issuance of citations to a psychiatric technician school or program that is consistent with Section 125.9. (2) In the event that the school or program does not remit the assessed fine within 30 days, the board may place the school or program on provisional approval for up to six months or remove it from the approved school or program list and give it written notice of the removal. (d) A school or program for psychiatric technicians removed from the approved list may apply for approval after 12 months from the date of their removal. (Amended by Stats. 2024, Ch. 590, Sec. 12. (AB 3255) Effective January 1, 2025.)
  117. 4540.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 10. Psychiatric Technicians [4500 - 4548] ( Chapter 10 added by Stats. 1959, Ch. 1851. ) ## ARTICLE 5. Penal Provisions [4540 - 4543] ( Article 5 added by Stats. 1959, Ch. 1851. )

    Verify source ↗

    After January 1, 1970, a person may not perform the Section 4502 services unless licensed under this chapter.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 10. Psychiatric Technicians [4500 - 4548] ( Chapter 10 added by Stats. 1959, Ch. 1851. ) ## ARTICLE 5. Penal Provisions [4540 - 4543] ( Article 5 added by Stats. 1959, Ch. 1851. ) ## 4540. After January 1, 1970, no person shall perform services described in Section 4502 without a license issued under this chapter. (Added by Stats. 1968, Ch. 1323.)
  118. 4541.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 10. Psychiatric Technicians [4500 - 4548] ( Chapter 10 added by Stats. 1959, Ch. 1851. ) ## ARTICLE 5. Penal Provisions [4540 - 4543] ( Article 5 added by Stats. 1959, Ch. 1851. )

    Verify source ↗

    A person may not use any title or letters implying they are a certified or licensed psychiatric technician unless they hold a valid, unexpired, and unrevoked certificate or 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 10. Psychiatric Technicians [4500 - 4548] ( Chapter 10 added by Stats. 1959, Ch. 1851. ) ## ARTICLE 5. Penal Provisions [4540 - 4543] ( Article 5 added by Stats. 1959, Ch. 1851. ) ## 4541. It is unlawful for any person to use any title or letters that imply that the person is a certified or licensed psychiatric technician unless at the time of so doing the person holds a valid, unexpired, and unrevoked certificate or license issued under this chapter. (Amended by Stats. 2021, Ch. 632, Sec. 51. (AB 1536) Effective January 1, 2022.)
  119. 4542.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 10. Psychiatric Technicians [4500 - 4548] ( Chapter 10 added by Stats. 1959, Ch. 1851. ) ## ARTICLE 5. Penal Provisions [4540 - 4543] ( Article 5 added by Stats. 1959, Ch. 1851. )

    Verify source ↗

    A person may not falsely represent themselves or impersonate someone else, or help another person impersonate them, in connection with a license examination or application.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 10. Psychiatric Technicians [4500 - 4548] ( Chapter 10 added by Stats. 1959, Ch. 1851. ) ## ARTICLE 5. Penal Provisions [4540 - 4543] ( Article 5 added by Stats. 1959, Ch. 1851. ) ## 4542. (a) It is unlawful for any person willfully to make any false representation or impersonate any other person in connection with any examination or application for a license. (b) It is unlawful for any person to permit or aid any other person in any manner to impersonate that person in connection with any examination or application for a license. (Amended by Stats. 2021, Ch. 632, Sec. 52. (AB 1536) Effective January 1, 2022.)
  120. 4543.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 10. Psychiatric Technicians [4500 - 4548] ( Chapter 10 added by Stats. 1959, Ch. 1851. ) ## ARTICLE 5. Penal Provisions [4540 - 4543] ( Article 5 added by Stats. 1959, Ch. 1851. )

    Verify source ↗

    A person who violates any provision of this chapter commits a misdemeanor and may be punished by county 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 10. Psychiatric Technicians [4500 - 4548] ( Chapter 10 added by Stats. 1959, Ch. 1851. ) ## ARTICLE 5. Penal Provisions [4540 - 4543] ( Article 5 added by Stats. 1959, Ch. 1851. ) ## 4543. Any person who violates any of the provisions of this chapter is guilty of a misdemeanor and upon a conviction thereof shall be punished by imprisonment in the county jail for not less than 10 days nor more than one year, or by a fine of not less than twenty dollars ($20) nor more than one thousand dollars ($1,000), or by both such fine and imprisonment. (Amended by Stats. 1983, Ch. 1092, Sec. 18. Effective September 27, 1983. Operative January 1, 1984, by Sec. 427 of Ch. 1092.)
  121. 4544.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 10. Psychiatric Technicians [4500 - 4548] ( Chapter 10 added by Stats. 1959, Ch. 1851. ) ## ARTICLE 6. Revenue [4544 - 4548] ( Article 6 added by Stats. 1959, Ch. 1851. )

    Verify source ↗

    A psychiatric technician license expires each year on the date set by the board if it is not renewed. To renew an unexpired license, the holder must apply on the board’s form and pay the renewal fee.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 10. Psychiatric Technicians [4500 - 4548] ( Chapter 10 added by Stats. 1959, Ch. 1851. ) ## ARTICLE 6. Revenue [4544 - 4548] ( Article 6 added by Stats. 1959, Ch. 1851. ) ## 4544. A license expires each year on that date prescribed by the board, if not renewed. To renew an unexpired license the holder thereof shall, on or before each of the dates on which it would otherwise expire, apply for renewal on a form prescribed by the board, and pay the renewal fee prescribed by this chapter. (Amended by Stats. 1983, Ch. 376, Sec. 6.)
  122. 4544.5.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 10. Psychiatric Technicians [4500 - 4548] ( Chapter 10 added by Stats. 1959, Ch. 1851. ) ## ARTICLE 6. Revenue [4544 - 4548] ( Article 6 added by Stats. 1959, Ch. 1851. )

    Verify source ↗

    The board may set a renewal period that lasts two years.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 10. Psychiatric Technicians [4500 - 4548] ( Chapter 10 added by Stats. 1959, Ch. 1851. ) ## ARTICLE 6. Revenue [4544 - 4548] ( Article 6 added by Stats. 1959, Ch. 1851. ) ## 4544.5. The board may establish a biennial renewal period. (Added by Stats. 1978, Ch. 996.)
  123. 4545.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 10. Psychiatric Technicians [4500 - 4548] ( Chapter 10 added by Stats. 1959, Ch. 1851. ) ## ARTICLE 6. Revenue [4544 - 4548] ( Article 6 added by Stats. 1959, Ch. 1851. )

    Verify source ↗

    An expired license may be renewed within four years, if the renewal application is filed on the board’s form and required fees are paid.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 10. Psychiatric Technicians [4500 - 4548] ( Chapter 10 added by Stats. 1959, Ch. 1851. ) ## ARTICLE 6. Revenue [4544 - 4548] ( Article 6 added by Stats. 1959, Ch. 1851. ) ## 4545. Except as provided in Section 4545.2, a license that has expired may be renewed at any time within four years after its expiration on filing an application for renewal on a form prescribed by the board, payment of all accrued and unpaid renewal fees, and payment of all fees required by this chapter. If the license is renewed more than 30 days after its expiration, the holder, as a condition precedent to renewal, shall also pay the delinquency fee prescribed by this chapter. Renewal under this section shall be effective on the date on which the application is filed, on the date on which the renewal fee is paid, or on the date on which the delinquency fee, if any, is paid, whichever last occurs. If so renewed, the license shall continue in effect through the date provided in Section 4544 which next occurs after the effective date of the renewal, when it shall expire if it is not again renewed. A certificate which was forfeited for failure to renew under the law in effect before October 1, 1961, shall, for the purposes of this article, be considered to have expired on the date that it became forfeited. (Amended by Stats. 2001, Ch. 435, Sec. 12. Effective January 1, 2002.)
  124. 4545.1.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 10. Psychiatric Technicians [4500 - 4548] ( Chapter 10 added by Stats. 1959, Ch. 1851. ) ## ARTICLE 6. Revenue [4544 - 4548] ( Article 6 added by Stats. 1959, Ch. 1851. )

    Verify source ↗

    Suspended certificates and suspended licenses still expire and must be renewed under the article’s rules, but renewal does not allow the holder to practice while the license remains suspended.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 10. Psychiatric Technicians [4500 - 4548] ( Chapter 10 added by Stats. 1959, Ch. 1851. ) ## ARTICLE 6. Revenue [4544 - 4548] ( Article 6 added by Stats. 1959, Ch. 1851. ) ## 4545.1. A suspended certificate is subject to expiration in the same manner as provided in this article for an unsuspended certificate, is subject to renewal in the same manner as provided in this article for an unsuspended certificate, and is subject to the provisions of this section relating to a suspended license. A suspended license is subject to expiration and shall be renewed as provided in this article, but such renewal does not entitle the holder of the license, while it remains suspended and until it is reinstated, to engage in the activity to which the license relates, or in any other activity or conduct in violation of the order or judgment by which it was suspended. (Amended by Stats. 1968, Ch. 1323.)
  125. 4545.2.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 10. Psychiatric Technicians [4500 - 4548] ( Chapter 10 added by Stats. 1959, Ch. 1851. ) ## ARTICLE 6. Revenue [4544 - 4548] ( Article 6 added by Stats. 1959, Ch. 1851. )

    Verify source ↗

    Revoked certificates and licenses expire under the article’s rules, but they cannot be renewed. Reinstatement requires an application, board action, and payment of a reinstatement fee if the license is restored after expiration.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 10. Psychiatric Technicians [4500 - 4548] ( Chapter 10 added by Stats. 1959, Ch. 1851. ) ## ARTICLE 6. Revenue [4544 - 4548] ( Article 6 added by Stats. 1959, Ch. 1851. ) ## 4545.2. A revoked certificate is subject to expiration in the same manner as provided in this article for an unrevoked certificate, but it may not be renewed. An application for reinstatement of a revoked certificate shall be deemed an application for reinstatement of a revoked license and shall be processed as such. The board shall issue a psychiatric technician’s license to each holder of a psychiatric technician certificate who qualifies for reinstatement pursuant to this chapter and who applies for reinstatement. A revoked license is subject to expiration as provided in this article, but it may not be renewed. If it is reinstated after its expiration, the holder of the license shall, as a condition precedent to its reinstatement, pay a reinstatement fee in an amount equal to the renewal fee in effect on the last regular renewal date before the date on which it is reinstated, plus the delinquency fee, if any, accrued at the time of its revocation. (Amended by Stats. 1968, Ch. 1323.)
  126. 4545.3.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 10. Psychiatric Technicians [4500 - 4548] ( Chapter 10 added by Stats. 1959, Ch. 1851. ) ## ARTICLE 6. Revenue [4544 - 4548] ( Article 6 added by Stats. 1959, Ch. 1851. )

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    A license not renewed within four years after expiration cannot later be renewed, restored, reinstated, or reissued; the holder may still seek a new license if stated conditions are met.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 10. Psychiatric Technicians [4500 - 4548] ( Chapter 10 added by Stats. 1959, Ch. 1851. ) ## ARTICLE 6. Revenue [4544 - 4548] ( Article 6 added by Stats. 1959, Ch. 1851. ) ## 4545.3. A certificate and the holder thereof are subject to this section in the same manner as are a license and the holder thereof. A license that is not renewed within four years after its expiration may not be renewed, restored, reinstated, or reissued thereafter, but the holder may apply for and obtain a new license if all of the following apply: (a) No fact, circumstance, or condition exists that would justify denial of the license under Section 480. (b) The holder pays all of the fees that would be required if the holder were applying for a license for the first time. (c) The holder takes and passes the examination, if any, which would be required if the holder were applying for the license for the first time, or otherwise establishes to the satisfaction of the board that, with due regard for the public interest, the holder is qualified to perform the services described in Section 4502. The board may, by appropriate regulation, provide for the waiver or refund of all or any part of the application fee in those cases in which a license is issued without an examination under this section. (Amended by Stats. 2021, Ch. 632, Sec. 53. (AB 1536) Effective January 1, 2022.)
  127. 4545.4.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 10. Psychiatric Technicians [4500 - 4548] ( Chapter 10 added by Stats. 1959, Ch. 1851. ) ## ARTICLE 6. Revenue [4544 - 4548] ( Article 6 added by Stats. 1959, Ch. 1851. )

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    The board must issue a retired license if the applicant applies, pays the fee, and holds an unrestricted license; retired licensees must label their title with “retired,” cannot practice as psychiatric technicians, and are exempt from continuing education.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 10. Psychiatric Technicians [4500 - 4548] ( Chapter 10 added by Stats. 1959, Ch. 1851. ) ## ARTICLE 6. Revenue [4544 - 4548] ( Article 6 added by Stats. 1959, Ch. 1851. ) ## 4545.4. (a) The board, upon application and payment of the fee established pursuant to subdivision (h), shall issue a retired license to a licensee if the licensee holds an unrestricted license on the date of application. (b) An applicant may elect to retire upon renewal or upon submission of an application to the board as required. (c) A retired licensee shall be exempt from continuing education requirements. (d) A retired licensee shall utilize their professional title only with the unabbreviated word “retired” directly preceding or directly following the professional title. (e) A retired licensee shall not be entitled to practice as a psychiatric technician. (f) The board may investigate potential violations or take action against a retired license for a violation of this chapter. (g) The board may reinstate a retired license to active status if the retired licensee fulfills the requirements for renewal of a license, including furnishing fingerprints, paying renewal fees, and providing evidence of the following, as applicable: (1) For a retired licensee who has been retired for four years or fewer, the amount of continuing education required for the renewal of an active license. (2) For a retired licensee who has been retired for more than four years, either a current valid active and clear registered nurse license, psychiatric technician license, or an equivalent license in another state, a United States territory, or Canada, or passing the current examination for licensure. (h) The fee to be paid upon filing the application for a retired license shall be fifty dollars ($50) unless a higher fee, not to exceed one hundred dollars ($100), is established by the board. (Added by Stats. 2024, Ch. 590, Sec. 13. (AB 3255) Effective January 1, 2025.)
  128. 4546.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 10. Psychiatric Technicians [4500 - 4548] ( Chapter 10 added by Stats. 1959, Ch. 1851. ) ## ARTICLE 6. Revenue [4544 - 4548] ( Article 6 added by Stats. 1959, Ch. 1851. )

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    The board must report monthly to the Controller the amount and source of revenue received under this chapter, and must pay all of that revenue into the State Treasury for the Vocational Nursing and Psychiatric Technicians Fund.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 10. Psychiatric Technicians [4500 - 4548] ( Chapter 10 added by Stats. 1959, Ch. 1851. ) ## ARTICLE 6. Revenue [4544 - 4548] ( Article 6 added by Stats. 1959, Ch. 1851. ) ## 4546. The board shall report each month to the Controller the amount and source of all revenue received by it pursuant to this chapter and at the same time pay the entire amount thereof into the State Treasury for credit to the Vocational Nursing and Psychiatric Technicians Fund. (Amended by Stats. 2006, Ch. 659, Sec. 17. Effective January 1, 2007.)
  129. 4547.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 10. Psychiatric Technicians [4500 - 4548] ( Chapter 10 added by Stats. 1959, Ch. 1851. ) ## ARTICLE 6. Revenue [4544 - 4548] ( Article 6 added by Stats. 1959, Ch. 1851. )

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    Chapter-related expenses must be paid from the Vocational Nursing and Psychiatric Technicians Fund, using revenue received by the board and deposited into that fund.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 10. Psychiatric Technicians [4500 - 4548] ( Chapter 10 added by Stats. 1959, Ch. 1851. ) ## ARTICLE 6. Revenue [4544 - 4548] ( Article 6 added by Stats. 1959, Ch. 1851. ) ## 4547. (a) All expenses incurred in the operation of this chapter or Chapter 6.5 (commencing with Section 2840) shall be paid out of the Vocational Nursing and Psychiatric Technicians Fund from the revenue received by the board under this chapter or Chapter 6.5 (commencing with Section 2840) and deposited in the Vocational Nursing and Psychiatric Technicians Fund. (b) This section shall become operative on July 1, 2016. (Repealed (in Sec. 25) and added by Stats. 2015, Ch. 510, Sec. 26. (AB 179) Effective January 1, 2016. Section operative July 1, 2016, by its own provisions.)
  130. 4548.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 10. Psychiatric Technicians [4500 - 4548] ( Chapter 10 added by Stats. 1959, Ch. 1851. ) ## ARTICLE 6. Revenue [4544 - 4548] ( Article 6 added by Stats. 1959, Ch. 1851. )

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    This section sets the fees for psychiatric technician licenses, renewals, exams, permits, duplicates, and related services, with some fees adjustable by the board within stated caps.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 10. Psychiatric Technicians [4500 - 4548] ( Chapter 10 added by Stats. 1959, Ch. 1851. ) ## ARTICLE 6. Revenue [4544 - 4548] ( Article 6 added by Stats. 1959, Ch. 1851. ) ## 4548. The amount of the fees prescribed by this chapter in connection with the issuance of licenses under its provisions shall be according to the following schedule: (a) The fee to be paid upon the filing of an application for licensure by examination by applicants who have successfully completed a prescribed course of study in a California-approved school for preparation of psychiatric technicians shall be two hundred sixty-five dollars ($265) unless a higher fee, not to exceed three hundred forty-five dollars ($345), is established by the board. (b) The fee to be paid upon the filing of an application for licensure by examination by applicants who are qualified to take the examination by methods other than as described in subdivision (a) shall be two hundred ninety-five dollars ($295) unless a higher fee, not to exceed three hundred seventy-five dollars ($375), is established by the board. (c) The fee to be paid upon the filing of an application for licensure by endorsement shall be two hundred twenty dollars ($220) unless a higher fee, not to exceed three hundred dollars ($300), is established by the board. (d) The fee to be paid for taking each examination for licensure shall be the actual cost to purchase an examination from a vendor approved by the board. (e) The fee to be paid for any examination for licensure after the first shall be two hundred sixty-five dollars ($265) unless a higher fee, not to exceed three hundred forty-five dollars ($345), is established by the board. (f) The biennial renewal fee to be paid upon the filing of an application for renewal shall be two hundred twenty dollars ($220) unless a higher fee, not to exceed three hundred dollars ($300), is established by the board. (g) Notwithstanding Section 163.5, the delinquency fee for failure to pay the biennial renewal fee within the prescribed time shall be one hundred ten dollars ($110) unless a higher fee, not to exceed 50 percent of the regular renewal fee and in no case more than one hundred fifty dollars ($150), is established by the board. (h) The initial license fee is an amount equal to the biennial renewal fee in effect on the date the application for the license is filed. (i) The fee to be paid for an interim permit shall be twenty dollars ($20) unless a higher fee, not to exceed fifty dollars ($50), is established by the board. (j) The fee to be paid for a duplicate license or wall certificate shall be in an amount not less than twenty-five dollars ($25) and may be fixed by the board at an amount no more than fifty dollars ($50). (k) The fee to be paid for processing verification of licensure papers to other states shall be twenty dollars ($20) unless a higher fee, not to exceed fifty dollars ($50), is established by the board. (l) The fee to be paid for postlicensure certification in blood withdrawal shall be twenty dollars ($20) unless a higher fee, not to exceed fifty dollars ($50), is established by the board. (Amended by Stats. 2018, Ch. 571, Sec. 22. (SB 1480) Effective January 1, 2019.)
  131. 460.

    ## 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 7. Licensee [460 - 464] ( Chapter 7 added by Stats. 1967, Ch. 1095. )

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    Cities and counties may not block certain licensed or certified businesses and healing arts professionals from practicing within their authorized scope, but they may still enforce some local ordinances and certain taxes.

    ## 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 7. Licensee [460 - 464] ( Chapter 7 added by Stats. 1967, Ch. 1095. ) ## 460. (a) No city, county, or city and county shall prohibit a person or group of persons, authorized by one of the agencies in the Department of Consumer Affairs or an entity established pursuant to this code by a license, certificate, or other means to engage in a particular business, from engaging in that business, occupation, or profession or any portion of that business, occupation, or profession. (b) (1) No city, county, or city and county shall prohibit a healing arts professional licensed with the state under Division 2 (commencing with Section 500) or licensed or certified by an entity established pursuant to this code from engaging in any act or performing any procedure that falls within the professionally recognized scope of practice of that licensee. (2) This subdivision shall not be construed to prohibit the enforcement of a local ordinance in effect prior to January 1, 2010, related to any act or procedure that falls within the professionally recognized scope of practice of a healing arts professional licensed under Division 2 (commencing with Section 500). (c) This section shall not be construed to prevent a city, county, or city and county from adopting or enforcing any local ordinance governing zoning, business licensing, or reasonable health and safety requirements for establishments or businesses of a healing arts professional licensed under Division 2 (commencing with Section 500) or licensed or certified by an entity established under this code or a person or group of persons described in subdivision (a). (d) Nothing in this section shall prohibit any city, county, or city and county from levying a business license tax solely for revenue purposes, nor any city or county from levying a license tax solely for the purpose of covering the cost of regulation. (Amended by Stats. 2014, Ch. 406, Sec. 1. (AB 1147) Effective January 1, 2015.)
  132. 4600.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 10.5. Massage Therapy Act [4600 - 4621] ( Chapter 10.5 added by Stats. 2014, Ch. 406, Sec. 2. )

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    This chapter is called the Massage Therapy Act, and statutory references to that name must be read as referring to this chapter.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 10.5. Massage Therapy Act [4600 - 4621] ( Chapter 10.5 added by Stats. 2014, Ch. 406, Sec. 2. ) ## 4600. This chapter shall be known and may be cited as the Massage Therapy Act. Whenever a reference is made to the Massage Therapy Act by any statute, it shall be construed to refer to this chapter. (Added by Stats. 2014, Ch. 406, Sec. 2. (AB 1147) Effective January 1, 2015. Repealed as of January 1, 2030, pursuant to Section 4621.)
  133. 4600.5.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 10.5. Massage Therapy Act [4600 - 4621] ( Chapter 10.5 added by Stats. 2014, Ch. 406, Sec. 2. )

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    This section states the Legislature’s intent for massage therapy regulation, including statewide certification and local control over massage establishments.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 10.5. Massage Therapy Act [4600 - 4621] ( Chapter 10.5 added by Stats. 2014, Ch. 406, Sec. 2. ) ## 4600.5. (a) It is the intent of the Legislature that this act enable consumers and local governments to more easily identify certified massage professionals, provide for consistent statewide certification and oversight of massage professionals, ensure that schools approved by the council that are teaching massage provide a high level of training, assist local governments and law enforcement in meeting their duty to maintain the highest standards of conduct in massage establishments by vetting and disciplining certificate holders, provide for a self-funded nonprofit oversight body to certify massage professionals, and ensure full compliance with, and execution of, the requirements of this act. (b) It is the intent of the Legislature that broad control over land use in regulating massage establishments be vested in local governments so that they may manage those establishments in the best interests of the individual community, and that the requirements and practice of the profession of massage therapy remain a matter of statewide concern, regulation, and oversight. Local governments should give strong consideration to establishing a registration program that grants local governments the ability to either suspend or revoke a registration of massage business for specific violations. (c) It is the intent of the Legislature that local governments, law enforcement, nonprofit stakeholders, the massage industry, and massage professionals work together going forward to improve communication and share information to further increase the value of statewide certification, to collaborate in the implementation of this act, and to develop a model ordinance reflecting best practices in massage regulation for cities and counties to adopt that will respect local control, patient privacy, and the dignity of the profession of massage therapy. (d) It is the intent of the Legislature in extending the council’s powers and duties through the sunset review process that the council continue to serve as an entity entrusted with administering a state function in its certification of massage therapy professionals and approval of massage education programs. (e) It is the intent of the Legislature that both state and local regulation of massage therapy reflect the recognized status of certified massage professionals as health care providers. (Amended by Stats. 2025, Ch. 197, Sec. 1. (AB 1504) Effective January 1, 2026. Repealed as of January 1, 2030, pursuant to Section 4621.)
  134. 4601.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 10.5. Massage Therapy Act [4600 - 4621] ( Chapter 10.5 added by Stats. 2014, Ch. 406, Sec. 2. )

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    This section defines key terms used in the Massage Therapy Act, including approved school, certificate, compensation, council, massage, massage establishment, massage practitioner, massage therapist, and sole provider.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 10.5. Massage Therapy Act [4600 - 4621] ( Chapter 10.5 added by Stats. 2014, Ch. 406, Sec. 2. ) ## 4601. As used in this chapter, the following terms shall have the following meanings: (a) “Approved school” or “approved massage school” means a school approved by the council that meets minimum standards for training and curriculum in massage and related subjects, that meets any of the following requirements, and that has not been otherwise unapproved by the council: (1) Is approved by the Bureau for Private Postsecondary Education. (2) Is approved by the Department of Consumer Affairs. (3) Is an institution accredited by the Accrediting Commission for Senior Colleges and Universities or the Accrediting Commission for Community and Junior Colleges of the Western Association of Schools and Colleges and that is one of the following: (A) A public institution. (B) An institution incorporated and lawfully operating as a nonprofit public benefit corporation pursuant to Part 2 (commencing with Section 5110) of Division 2 of Title 1 of the Corporations Code, and that is not managed by any entity for profit. (C) A for-profit institution. (D) An institution that does not meet all of the criteria in subparagraph (B) that is incorporated and lawfully operating as a nonprofit public benefit corporation pursuant to Part 2 (commencing with Section 5110) of Division 2 of Title 1 of the Corporations Code, that has been in continuous operation since April 15, 1997, and that is not managed by any entity for profit. (4) Is a college or university of the state higher education system, as defined in Section 100850 of the Education Code. (5) Is a school requiring equal or greater training than what is required pursuant to this chapter and is recognized by the corresponding agency in another state or accredited by an agency recognized by the United States Department of Education. (b) “Certificate” means a valid certificate issued by the council pursuant to this chapter. (c) “Compensation” means a payment, loan, advance, donation, contribution, deposit, or gift of money, or anything of value. (d) “Council” means the California Massage Therapy Council created pursuant to this chapter, which shall be a nonprofit organization exempt from taxation under Section 501(c)(3) of Title 26 of the United States Code. (e) “Massage” means the scientific manipulation of the soft tissues. For purposes of this chapter, the terms “massage” and “bodywork” shall have the same meaning. (f) “Massage establishment” or “establishment” means a fixed location where massage is performed for compensation, excluding those locations where massage is only provided on an out-call basis. (g) “Massage practitioner” means a person who is certified by the council pursuant to Section 4604.2 and who administers massage for compensation. (h) “Massage therapist” means a person who is certified by the council under Section 4604 and who administers massage for compensation. (i) “Sole provider” means a massage business where the owner owns 100 percent of the business, is the only person who provides massage services for compensation for that business pursuant to a valid and active certificate issued in accordance with this chapter, and has no other employees or independent contractors. (Added by Stats. 2014, Ch. 406, Sec. 2. (AB 1147) Effective January 1, 2015. Repealed as of January 1, 2030, pursuant to Section 4621.)
  135. 4602.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 10.5. Massage Therapy Act [4600 - 4621] ( Chapter 10.5 added by Stats. 2014, Ch. 406, Sec. 2. )

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    This section establishes the California Massage Therapy Council, gives it authority to carry out chapter duties, and sets rules for certification, fees, board governance, public participation, and records access.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 10.5. Massage Therapy Act [4600 - 4621] ( Chapter 10.5 added by Stats. 2014, Ch. 406, Sec. 2. ) ## 4602. (a) The California Massage Therapy Council, as defined in subdivision (d) of Section 4601, is hereby established and shall carry out the responsibilities and duties set forth in this chapter. (b) (1) The council may take any reasonable actions necessary to carry out the responsibilities and duties set forth in this chapter, including, but not limited to, hiring staff, entering into contracts, and developing policies, procedures, rules, and bylaws to implement this chapter. (2) Notwithstanding any other law, the total annual salary for any individual employed or contracted by the council shall not exceed the annual salary provided pursuant to Section 11550 of the Government Code during that fiscal year. (c) The council may require background checks for all employees, contractors, volunteers, and board members as a condition of their employment, formation of a contractual relationship, or participation in council activities. (d) The council shall issue a certificate to an individual applicant who satisfies the requirements of this chapter for that certificate. (e) The council is authorized to determine whether the information provided to the council in relation to the certification of an applicant is true and correct and meets the requirements of this chapter. If the council has any reason to question whether the information provided is true or correct, or meets the requirements of this chapter, the council is authorized to make any investigation it deems necessary to establish that the information received is accurate and satisfies any criteria established by this chapter. The applicant has the burden to prove that they are entitled to certification. (f) The council shall be governed by a board of directors composed of 13 members who shall be chosen in the following manner: (1) One member shall be a representative of the League of California Cities, unless that entity chooses not to exercise this right to appoint. (2) One member shall be a representative of the California Police Chiefs Association, unless that entity chooses not to exercise this right to appoint. (3) One member shall be a representative of the California State Association of Counties, unless that entity chooses not to exercise this right to appoint. (4) One member shall be a representative of an “anti-human trafficking” organization to be determined by the council. This organization shall appoint one member, unless the organization chooses not to exercise this right to appoint. (5) One member shall be a member of the public appointed by the Director of the Department of Consumer Affairs, unless the director chooses not to exercise this right to appoint. (6) One member who represents an approved massage school shall be appointed by the California Association of Private Postsecondary Schools, unless that entity chooses not to exercise this right to appoint. (7) One member shall be appointed by the American Massage Therapy Association, California Chapter, who shall be a California-certified massage therapist or massage practitioner who is a California resident and who has been practicing massage for at least three years, unless that entity chooses not to exercise this right to appoint. (8) One member shall be a public health official representing a city, county, city and county, or state health department, to be determined by the council. The city, county, city and county, or state health department chosen, shall appoint one member unless that entity chooses not to exercise this right to appoint. (9) (A) Two members shall each be a certified massage therapist or a certified massage practitioner who is a California resident who has practiced massage for at least three years prior to the appointment, selected by a professional society, association, or other entity the membership of which is composed of massage therapist professionals, and that chooses to participate in the council. To qualify, a professional society, association, or other entity shall have a dues-paying membership in California of at least 1,000 individuals, have been established since 2000, and shall have bylaws that require its members to comply with a code of ethics. (B) If there are more than two professional societies, associations, or other entities that meet the requirements of subparagraph (A), the appointments shall rotate based on a four-year term between each of the qualifying entities. The qualifying entity shall maintain its appointment authority during the entirety of the four-year term during which it holds the appointment authority. The order in which a qualifying professional society, association, or other entity has the authority to appoint shall be determined by alphabetical order based on the full legal name of the entity as of January 1, 2014. (10) The members appointed to the board in accordance with paragraphs (1) to (9), inclusive, shall appoint three additional members, at a duly held board meeting in accordance with the board’s bylaws. One of those appointees shall be an attorney licensed by the State Bar of California who has been practicing law for at least three years and who at the time of appointment represents a city, county, or a city and county in the state. One of those appointees shall represent a massage business entity that has been operating in the state for at least three years. The council shall establish in its bylaws a process for appointing an additional member, provided that the member has knowledge of the massage industry or can bring needed expertise to the operation of the council for purposes of complying with Section 4603. (g) Any decision to change the appointing authority of any member appointed to the board pursuant to paragraphs (1) to (9), inclusive, of subdivision (f) shall not be effective unless the current member has completed their term under subdivision (h) or the appointment is vacant. (h) (1) Board member terms shall be for four years and until the appointment and qualification of their successor or until one year from the expiration of the term for which the member was appointed, whichever occurs first. A board member who has served two terms shall not be eligible for reappointment to the board regardless of the appointing authority. Any board member who, as of January 1, 2025, has served on the board for 8 out of the preceding 10 years, regardless of the appointing authority, shall vacate their appointment no later than July 1, 2025. (2) A board member may be removed only by their appointing authority under the conditions provided in Section 106. (i) The board of directors shall establish fees reasonably related to the cost of providing services and carrying out its ongoing responsibilities and duties. Initial and renewal fees for certificates shall be in an amount sufficient to support the functions of the council in the administration of this chapter, but in no event shall exceed three hundred dollars ($300). The renewal fee shall be reassessed biennially by the board. (j) Prior to holding a meeting to vote upon a proposal to increase the certification fees, the board shall provide at least 90 days’ notice of the meeting, including posting a notice on the council’s internet website unless at least two-thirds of the board members concur that there is an active threat to public safety and that voting at a meeting without prior notice is necessary. However, the board shall not waive the requirements of subdivision (l). (k) If the board approves an increase in the certification fees, the council shall update all relevant areas of its internet website and notify all certificate holders and affected applicants by email within 14 days of the board’s action. (l) The meetings of the council shall be subject to the rules of the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code). The board may adopt additional policies and procedures that provide greater transparency to certificate holders and the public than required by the Bagley-Keene Open Meeting Act. Except as otherwise provided in this chapter, meetings of the council shall be governed by either Rosenberg’s Rules of Order or Robert’s Rules of Order, Newly Revised. (m) (1) The council shall provide a meaningful opportunity for public participation in the adoption, amendment, or repeal of any policies, procedures, rules, or bylaws that substantially impact the rights, benefits, privileges, duties, obligations, or responsibilities of individuals or entities subject to certification or approval by the council, including, but not limited to, actions by the council to increase fees, impose additional requirements for certification or approval, or substantively modify the disciplinary processes. (2) For purposes of this subdivision, the council shall, at a minimum, publish the complete text of any policies, procedures, rules, or bylaws proposed for adoption, amendment, or repeal along with a summary of the changes being considered for a period of at least 45 calendar days before the adoption, amendment, or repeal. The council shall accept written public comments during the 45-day period and allow further public comment during a meeting held for these purposes. (n) The council shall assess its contact with non-English speakers. Based on this assessment, the council shall offer and make available all publicly available written and electronic materials provided to certificate holders and applicants in languages other than English that the council determines will be used by a substantial number of non-English speakers who are in contact with the council. This subdivision shall not apply to examinations, denial and disciplinary legal documents, and email communications. The council shall provide a report to the Legislature on the findings of its assessment of contact with non-English speakers on or before January 1, 2019. (o) (1) Beginning July 1, 2027, the council shall, to the extent practicable, make the records of the council available for public inspection in a manner consistent with the California Public Records Act (Chapter 1 (commencing with Section 7920.000) of Part 1 of Division 10 of Title 1 of the Government Code), as though the council were a public agency for purposes of that act. (2) The council may charge for the direct costs of responding to requests for records pursuant to this subdivision, including staff time reasonably required to identify, locate, and provide records. (3) It is the intent of the Legislature in enacting this subdivision that, in addition to having all exemptions under the California Public Records Act (Chapter 1 (commencing with Section 7920.000) of Part 1 of Division 10 of Title 1 of the Government Code) apply, the council shall not disclose investigatory records or records containing sensitive information, including law enforcement activities or personally identifying information regarding applicants, certificate holders, employers of certificate holders or other employer staff, council employees and contractors, massage school owners and staff, or other members of the public, including potential victims or survivors of human trafficking, sexual assault, or other crimes. (Amended by Stats. 2025, Ch. 197, Sec. 2. (AB 1504) Effective January 1, 2026. Repealed as of January 1, 2030, pursuant to Section 4621.)
  136. 4603.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 10.5. Massage Therapy Act [4600 - 4621] ( Chapter 10.5 added by Stats. 2014, Ch. 406, Sec. 2. )

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    The council must treat protection of the public as its top priority when carrying out certification, disciplinary, and other functions.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 10.5. Massage Therapy Act [4600 - 4621] ( Chapter 10.5 added by Stats. 2014, Ch. 406, Sec. 2. ) ## 4603. Protection of the public shall be the highest priority for the council in exercising its certification and disciplinary authority, and any other functions. Whenever the protection of the public is inconsistent with other interests sought to be promoted, the protection of the public shall be paramount. (Added by Stats. 2014, Ch. 406, Sec. 2. (AB 1147) Effective January 1, 2015. Repealed as of January 1, 2030, pursuant to Section 4621.)
  137. 4603.1.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 10.5. Massage Therapy Act [4600 - 4621] ( Chapter 10.5 added by Stats. 2014, Ch. 406, Sec. 2. )

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    Local governments must impose and enforce only reasonable and necessary fees and regulations on massage businesses and massage establishments.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 10.5. Massage Therapy Act [4600 - 4621] ( Chapter 10.5 added by Stats. 2014, Ch. 406, Sec. 2. ) ## 4603.1. Local governments shall impose and enforce only reasonable and necessary fees and regulations on massage businesses and massage establishments, in keeping with the requirements of existing law and being mindful of the need to protect legitimate business owners and massage professionals, particularly sole providers. (Added by Stats. 2016, Ch. 411, Sec. 3. (AB 2194) Effective January 1, 2017. Repealed as of January 1, 2030, pursuant to Section 4621.)
  138. 4604.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 10.5. Massage Therapy Act [4600 - 4621] ( Chapter 10.5 added by Stats. 2014, Ch. 406, Sec. 2. )

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    To get a massage therapist certificate, an applicant must file a written application, prove age 18+, complete 500 hours of approved education with 100 hours in specified subjects, pass the background check, pay required fees, and meet the other listed conditions.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 10.5. Massage Therapy Act [4600 - 4621] ( Chapter 10.5 added by Stats. 2014, Ch. 406, Sec. 2. ) ## 4604. (a) In order to obtain certification as a massage therapist, an applicant shall submit a written application and provide the council with satisfactory evidence that the applicant meets all of the following requirements: (1) The applicant is 18 years of age or older. (2) The applicant has successfully completed the curricula in massage and related subjects totaling a minimum of 500 hours, or the credit unit equivalent, that incorporates appropriate school assessment of student knowledge and skills. (A) Of the 500 hours, a minimum of 100 hours of instruction shall address anatomy and physiology, contraindications, health and hygiene, and business and ethics. (B) All of the 500 hours shall be from approved schools. The council shall accept the 500 hours if, at the time all of the hours were completed, the school or schools were approved. The 500 hours may be completed at more than one approved school. Notwithstanding any other law, pursuant to its policies and procedures for approval of schools, the council shall accept hours earned by an applicant for certification as a massage therapist if those hours were completed before July 1, 2016, and were earned from a school providing education in this state that was unapproved by the council after July 1, 2016, based solely on the fact that the National Certification Board for Therapeutic Massage and Bodywork took denial or disciplinary action against the school. For purposes of this section, “unapproved” means that the council determined that it will not accept hours from a school toward certification. (C) (i) Any applicant who meets all of the other requirements for certification and who received instruction required by this paragraph at an approved school that was not under formal investigation at the time at which the applicant began instruction but was subsequently placed under investigation by the council shall, as a condition of certification, have the opportunity for an interview pursuant to subdivision (a) of Section 4615 or an educational hearing determined by the council, provided that their application for certification was submitted to the council no more than 90 days from the date of a final decision by the council to revoke the school’s approval. Any interview or education hearing provided pursuant to this clause shall be completed no later than 12 months from the date that the council deems the application packet complete. (ii) The council shall issue a certificate to any applicant who successfully passes the interview or education hearing described in clause (i), provided that the school at which the applicant completed the instruction was a school approved by the council within 90 days from the date an applicant submitted their application for certification and was considered to be in good standing according to the Bureau for Private Postsecondary Education at the time the applicant passed the interview or hearing. (3) (A) The applicant has passed a massage and bodywork competency assessment examination that meets generally recognized psychometric principles and standards and that is approved by the council. The successful completion of this examination may have been accomplished before the date the council is authorized by this chapter to begin issuing certificates. This subparagraph shall be inoperative commencing on January 1, 2019. (B) Beginning January 1, 2026, an approved massage school shall, upon each student’s completion of curriculum at the massage school, provide notice to the student that the massage and bodywork competency assessment examination described in subparagraph (A) is not a requirement for certification pursuant to this chapter but may be required for licensure or certification as a massage therapist in any other state. (4) The applicant has successfully passed a background investigation pursuant to Section 4606, and has not violated any of the provisions of this chapter. (5) All fees required by the council have been paid. (6) The council may issue a certificate to an applicant who meets the qualifications of this chapter if the applicant holds a current and valid registration, certification, or license from any other state whose licensure requirements meet or exceed those defined within this chapter. If an applicant has received education at a school that is not approved by the council, the council shall have the discretion to give credit for comparable academic work completed by an applicant in a program outside of California. (7) If an applicant has received education at a school located outside of California or a school located in a country outside of the United States that does not meet the requirements of subdivision (a) of Section 4601 to be an approved school, the council shall have the discretion to give credit for comparable academic work completed by an applicant toward certification. (b) A certificate issued pursuant to this chapter and any identification card issued by the council shall be surrendered to the council by any certificate holder whose certificate is suspended or revoked. (Amended by Stats. 2025, Ch. 197, Sec. 3. (AB 1504) Effective January 1, 2026. Repealed as of January 1, 2030, pursuant to Section 4621.)
  139. 4604.1.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 10.5. Massage Therapy Act [4600 - 4621] ( Chapter 10.5 added by Stats. 2014, Ch. 406, Sec. 2. )

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    The council may not accept new applications for certified massage practitioner certificates on or after January 1, 2015. Certificates for earlier accepted applications may be renewed without extra education, and holders of suspended or revoked certificates must surrender the certificate and any council-issued ID card.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 10.5. Massage Therapy Act [4600 - 4621] ( Chapter 10.5 added by Stats. 2014, Ch. 406, Sec. 2. ) ## 4604.1. (a) The council shall not accept applications to issue any new certificates to practice as a certified massage practitioner on or after January 1, 2015. (b) Certificates to practice as a certified massage practitioner for applications accepted prior to January 1, 2015, may be renewed without any additional educational requirements. (c) A massage practitioner certificate and any identification card issued by the council, shall be surrendered to the council by any certificate holder whose certificate is suspended or revoked. (Added by Stats. 2014, Ch. 406, Sec. 2. (AB 1147) Effective January 1, 2015. Repealed as of January 1, 2030, pursuant to Section 4621.)
  140. 4604.2.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 10.5. Massage Therapy Act [4600 - 4621] ( Chapter 10.5 added by Stats. 2014, Ch. 406, Sec. 2. )

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    A person with a conditional massage practitioner certificate must complete and report specific extra education within five years, or the certificate is immediately nullified. If the person completes the requirements, the council must issue a new certificate.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 10.5. Massage Therapy Act [4600 - 4621] ( Chapter 10.5 added by Stats. 2014, Ch. 406, Sec. 2. ) ## 4604.2. (a) A person who was issued a conditional certificate to practice as a massage practitioner shall, within five years of being issued the conditional certificate by the council, complete and report to the council the completion of, at least 30 hours of additional education per year from approved schools or from continuing education providers approved by the council, until he or she has completed a total of at least 250 hours of education. (b) A conditional certificate issued to any person pursuant to this section shall immediately be nullified, without need for further action by the council, if proof of completion of the requirements specified in subdivision (a) is not filed with the council within the time period specified in subdivision (a). (c) Notwithstanding subdivision (a) of Section 4604.1, the council shall issue a new certificate to practice as a massage practitioner to a person that successfully completes the requirements described in subdivision (a). (Added by Stats. 2014, Ch. 406, Sec. 2. (AB 1147) Effective January 1, 2015. Repealed as of January 1, 2030, pursuant to Section 4621.)
  141. 4605.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 10.5. Massage Therapy Act [4600 - 4621] ( Chapter 10.5 added by Stats. 2014, Ch. 406, Sec. 2. )

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    Massage therapy certificates must be renewed every two years, and the council may allow late renewal.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 10.5. Massage Therapy Act [4600 - 4621] ( Chapter 10.5 added by Stats. 2014, Ch. 406, Sec. 2. ) ## 4605. Except as otherwise provided, a certification issued pursuant to this chapter shall be subject to renewal every two years in the manner prescribed by the council. A certificate issued by the council shall expire after two years unless renewed as prescribed. The council may provide for the late renewal of a certificate. (Added by Stats. 2014, Ch. 406, Sec. 2. (AB 1147) Effective January 1, 2015. Repealed as of January 1, 2030, pursuant to Section 4621.)
  142. 4606.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 10.5. Massage Therapy Act [4600 - 4621] ( Chapter 10.5 added by Stats. 2014, Ch. 406, Sec. 2. )

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    Before issuing certain certificates or designating a custodian of records, the council must require fingerprint submission and use DOJ/FBI background-check processing.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 10.5. Massage Therapy Act [4600 - 4621] ( Chapter 10.5 added by Stats. 2014, Ch. 406, Sec. 2. ) ## 4606. (a) Prior to issuing a certificate to an applicant, or designating a custodian of records, the council shall require the applicant or the custodian of records candidate to submit fingerprint images as directed by the council and in a form consistent with the requirements of this section. (b) The council shall submit the fingerprint images and related information to the Department of Justice for the purpose of obtaining information as to the existence and nature of a record of state and federal level convictions and of state and federal level arrests for which the Department of Justice establishes that the applicant or candidate was released on bail or on his or her own recognizance pending trial. (c) Requests for federal level criminal offender record information received by the Department of Justice pursuant to this section shall be forwarded to the Federal Bureau of Investigation by the Department of Justice. The Department of Justice shall review the information returned from the Federal Bureau of Investigation, and shall compile and disseminate a fitness determination regarding the applicant or candidate to the council. The Department of Justice shall provide information to the council pursuant to subdivision (p) of Section 11105 of the Penal Code. (d) The Department of Justice and the council shall charge a fee sufficient to cover the cost of processing the request for state and federal level criminal offender record information. (e) The council shall request subsequent arrest notification service from the Department of Justice, as provided under Section 11105.2 of the Penal Code, for all applicants for certification or custodian of records candidates for whom fingerprint images and related information are submitted to conduct a search for state and federal level criminal offender record information. (f) The council is authorized to receive arrest notifications and other background materials about applicants and certificate holders from a city, county, or city and county. (Added by Stats. 2014, Ch. 406, Sec. 2. (AB 1147) Effective January 1, 2015. Repealed as of January 1, 2030, pursuant to Section 4621.)
  143. 4607.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 10.5. Massage Therapy Act [4600 - 4621] ( Chapter 10.5 added by Stats. 2014, Ch. 406, Sec. 2. )

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    The council may discipline certain massage business owners or operators for the conduct of people providing massage for compensation on the business premises.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 10.5. Massage Therapy Act [4600 - 4621] ( Chapter 10.5 added by Stats. 2014, Ch. 406, Sec. 2. ) ## 4607. The council may discipline an owner or operator of a massage business or establishment who is certified pursuant to this chapter or is an applicant for certification pursuant to this chapter for the conduct of all individuals providing massage for compensation on the business premises. (Amended by Stats. 2016, Ch. 411, Sec. 5. (AB 2194) Effective January 1, 2017. Repealed as of January 1, 2030, pursuant to Section 4621.)
  144. 4608.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 10.5. Massage Therapy Act [4600 - 4621] ( Chapter 10.5 added by Stats. 2014, Ch. 406, Sec. 2. )

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    Certificate holders must display their original certificate, keep their ID card with them, give their name and certificate number on request, include certification details in advertising, and report certain changes to the council within 30 days.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 10.5. Massage Therapy Act [4600 - 4621] ( Chapter 10.5 added by Stats. 2014, Ch. 406, Sec. 2. ) ## 4608. In addition to the other requirements of this chapter, a certificate holder shall: (a) Display their original certificate wherever they provide massage for compensation. A certificate holder shall have their identification card in their possession while providing massage services for compensation. (b) Provide their full name and certificate number upon the request of a member of the public, the council, or a member of law enforcement, or a local government agency charged with regulating massage or massage establishments, at the location where they are providing massage services for compensation. (c) Include the name under which they are certified and their certificate number in any and all advertising of massage for compensation. (d) Notify the council within 30 days of any changes in the certificate holder’s legal name, home address, or the address of any massage establishment or other location where they provide massage for compensation, excluding those locations where massage is only provided on an out-call basis. A certificate holder also shall notify the council of their primary email address, if any, and notify the council within 30 days of a change of the primary email address. (Amended by Stats. 2025, Ch. 197, Sec. 4. (AB 1504) Effective January 1, 2026. Repealed as of January 1, 2030, pursuant to Section 4621.)
  145. 4609.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 10.5. Massage Therapy Act [4600 - 4621] ( Chapter 10.5 added by Stats. 2014, Ch. 406, Sec. 2. )

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    An applicant or massage certificate holder must not commit listed misconduct. The council may deny applications or discipline holders, and must deny or revoke for sex-offender registration requirements.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 10.5. Massage Therapy Act [4600 - 4621] ( Chapter 10.5 added by Stats. 2014, Ch. 406, Sec. 2. ) ## 4609. (a) It is a violation of this chapter for an applicant or a certificate holder to commit any of the following acts, the commission of which is grounds for the council to deny an application for a certificate or to impose discipline on a certificate holder: (1) Unprofessional conduct, including, but not limited to, any of the following: (A) Engaging in sexually suggestive advertising related to massage services. (B) Engaging in any form of sexual activity on the premises of a massage establishment where massage is provided for compensation, excluding a residence. (C) Engaging in sexual activity while providing massage services for compensation. (D) Practicing massage on a suspended certificate or practicing outside of the conditions of a restricted certificate. (E) Providing massage of the genitals or anal region. (F) Providing massage of female breasts without the written consent of the person receiving the massage. (2) Procuring or attempting to procure a certificate by fraud, misrepresentation, or mistake. (3) Failing to fully disclose all information requested on the application. (4) Impersonating an applicant or acting as a proxy for an applicant in any examination referred to in this chapter for the issuance of a certificate. (5) Impersonating a certificate holder, or permitting or allowing a noncertified person to use a certificate. (6) Violating or attempting to violate, directly or indirectly, or assisting in or abetting the violation of, or conspiring to violate, any provision of this chapter or any rule or bylaw adopted by the council. (7) Committing any fraudulent, dishonest, or corrupt act that is substantially related to the qualifications or duties of a certificate holder. (8) Denial of licensure, revocation, suspension, restriction, citation, or any other disciplinary action against an applicant or certificate holder by another state or territory of the United States, by any other government agency, or by another California health care professional licensing board. A certified copy of the decision, order, judgment, or citation shall be conclusive evidence of these actions. (9) (A) Being convicted of any felony, misdemeanor, infraction, or municipal code violation, or being held liable in an administrative or civil action for an act, that is substantially related to the qualifications, functions, or duties of a certificate holder. A record of the conviction or other judgment or liability shall be conclusive evidence of the crime or liability. (B) The council may take action pursuant to this paragraph when the time for appeal has elapsed, the judgment of conviction has been affirmed on appeal, or an order granting probation is made suspending the imposition of sentence. (C) For purposes of this paragraph, “conviction” means a judgment following a plea or verdict of guilty, a plea of nolo contendere, or a finding of guilt. (10) Dressing while engaged in the practice of massage for compensation, or while visible to clients in a massage establishment, in a manner that is deemed by the council to constitute unprofessional attire based on the custom and practice of the profession in California. (11) Committing any act punishable as a sexually related crime or being required to register pursuant to the Sex Offender Registration Act (Chapter 5.5 (commencing with Section 290) of Title 9 of Part 1 of the Penal Code), or being required to register as a sex offender in another state. (12) Being determined to be a threat to public safety based on mental health reasons by a medical or mental health professional, or rendered a finding of not guilty in a criminal proceeding by reason of insanity. (b) The council may deny an application for a certificate for the commission of any of the acts described in subdivision (a). The council may also discipline a certificate holder, in any manner permitted by this chapter, for the commission of any of those acts by a certificate holder. (c) The council shall deny an application for a certificate, or revoke the certificate of a certificate holder, if the applicant or certificate holder is required to register pursuant to the Sex Offender Registration Act (Chapter 5.5 (commencing with Section 290) of Title 9 of Part 1 of the Penal Code), or is required to register as a sex offender in another state. (d) Denial of an initial certificate on the grounds that the applicant has been convicted of a crime or has been subject to formal discipline as provided in this section shall be consistent with the requirements of subdivision (a) of Section 480. (Amended by Stats. 2025, Ch. 197, Sec. 5. (AB 1504) Effective January 1, 2026. Repealed as of January 1, 2030, pursuant to Section 4621.)
  146. 461.

    ## 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 7. Licensee [460 - 464] ( Chapter 7 added by Stats. 1967, Ch. 1095. )

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    Public agencies may not ask applicants on an initial license, certificate, or registration form to disclose an arrest record that did not end in conviction or nolo contendere.

    ## 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 7. Licensee [460 - 464] ( Chapter 7 added by Stats. 1967, Ch. 1095. ) ## 461. No public agency, state or local, shall, on an initial application form for any license, certificate or registration, ask for or require the applicant to reveal a record of arrest that did not result in a conviction or a plea of nolo contendere. A violation of this section is a misdemeanor. This section shall apply in the case of any license, certificate or registration provided for by any law of this state or local government, including, but not limited to, this code, the Corporations Code, the Education Code, and the Insurance Code. (Added by Stats. 1975, Ch. 883.)
  147. 4610.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 10.5. Massage Therapy Act [4600 - 4621] ( Chapter 10.5 added by Stats. 2014, Ch. 406, Sec. 2. )

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    This section sets procedures for denying, disciplining, suspending, revoking, and appealing massage therapy certificates.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 10.5. Massage Therapy Act [4600 - 4621] ( Chapter 10.5 added by Stats. 2014, Ch. 406, Sec. 2. ) ## 4610. (a) An applicant for a certificate shall not be denied a certificate, and a certificate holder shall not be disciplined pursuant to this chapter except according to procedures that satisfy the requirements of this section. Denial or discipline that is not in accord with this section shall be void and without effect. (b) The council may discipline a certificate holder by any, or a combination, of the following methods: (1) Placing the certificate holder on probation, which may include limitations or conditions on practice. (2) Suspending the certificate and the rights conferred by this chapter on a certificate holder for a period not to exceed one year. (3) Suspending or staying the disciplinary order, or portions of it, with or without conditions. (4) Revoking the certificate. (5) Taking other action as the council deems proper, as authorized by this chapter or policies, procedures, rules, or bylaws adopted by the board. (c) The council may issue an initial certificate on probation, with specific terms and conditions, to any applicant. (d) Any denial or discipline shall be decided upon and imposed in good faith and in a fair and reasonable manner. Any procedure that conforms to the requirements of subdivision (e) is fair and reasonable. (e) A procedure is fair and reasonable and meets requirements for fair procedure if the procedures specified in subdivision (f) or (g) are followed or if all of the following apply: (1) Denial or discipline shall be based on a preponderance of the evidence. In determining the basis for the denial or discipline and making a final decision that denial or discipline shall be imposed, the council may consider all written documents or statements as evidence, but shall weigh the reliability of those documents or statements. A final decision to deny or impose discipline may be based solely on a written statement or declaration made under penalty of perjury and the individual providing the written statement or declaration made under penalty of perjury shall not be required to appear at an oral hearing or provide additional documents or information beyond the written statement or declaration made under penalty of perjury that was already provided. (2) The provisions of the procedure are publicly available on the council’s internet website. (3) The council provides 15 calendar days prior notice of the denial or discipline and the reasons for the denial or discipline. (4) The council provides an opportunity for the applicant or certificate holder, to be heard, orally or in writing, not less than five days before the effective date of the denial or discipline, by a qualified person or body authorized to decide whether the proposed denial or discipline should go into effect. (f) (1) Notwithstanding any other law, if the council receives notice that a certificate holder has been arrested and charges have been filed by the appropriate prosecuting agency against the certificate holder alleging a violation of subdivision (b) of Section 647 of the Penal Code or any other offense described in paragraph (11) of subdivision (a) of Section 4609, the council shall immediately suspend, on an interim basis, the certificate of that certificate holder, and take all of the following additional actions: (A) Notify the certificate holder at the address last filed with the council that the certificate has been suspended and the reason for the suspension within 10 business days. (B) Provide notification of the suspension by email to the clerk or other designated contact of the city, county, or city and county in which the certificate holder lives or works, pursuant to the council’s records, within 10 business days. (C) Provide notification of the suspension by email or first-class mail to any establishment or employer, whether public or private, that the council has in its records as employing the certificate holder, within 10 business days. (2) Upon notice to the council that the charges described in paragraph (1) have resulted in a conviction, the council shall permanently revoke the suspended certificate. The council shall provide notice to the certificate holder, at the address last filed with the council by a method providing delivery confirmation, within 10 business days that it has evidence of a valid record of conviction and that the certificate will be revoked unless the certificate holder provides evidence within 15 days from the date of the council’s mailing of the notice that the conviction is either invalid or that the information is otherwise erroneous. (3) Upon notice that the charges described in paragraph (1) have resulted in an acquittal or have been otherwise dismissed prior to conviction, the certificate shall be immediately reinstated and the certificate holder and any establishment or employer that received notice pursuant to this section shall be notified of the reinstatement within 10 business days. (g) (1) Notwithstanding any other law, if the council determines that a certificate holder has committed an act punishable as a sexually related crime or a felony that is substantially related to the qualifications, functions, or duties of a certificate holder, the council may immediately suspend the certificate of that certificate holder. A determination to immediately suspend a certificate pursuant to this subdivision shall be based upon a preponderance of the evidence and the council shall also consider any available credible mitigating evidence before making a decision. Written statements by any person shall not be considered by the council when determining whether to immediately suspend a certificate unless made under penalty of perjury. If the council suspends a certificate in accordance with this subdivision, the council shall take all of the following additional actions: (A) Notify the certificate holder within 10 business days, at the address last filed with the council, by a method providing delivery confirmation, that the certificate has been suspended, the reason for the suspension, and that the certificate holder has the right to request a hearing pursuant to paragraph (2). (B) Notify by email or any other means consistent with the notice requirements of this chapter, any business or employer, whether public or private, that the council has in its records as employing or contracting with the certificate holder for massage services, and the California city, county, or city and county that has jurisdiction over that establishment or employer, that the certificate has been suspended within 10 business days. (2) A certificate holder whose certificate is suspended pursuant to this subdivision shall have the right to request, in writing, an oral hearing or consideration of a written statement to challenge the factual basis for the suspension. If the holder of the suspended certificate requests an oral hearing or consideration of a written statement on the suspension, the oral hearing or consideration of a written statement shall be held within 30 calendar days after receipt of the request. A holder whose certificate is suspended based on paragraph (1) shall be subject to revocation or other discipline in accordance with subdivision (a). (3) If the council determines, after a hearing conducted pursuant to this subdivision, to lift the suspension, the certificate shall be immediately reinstated and the certificate holder, any establishment or employer, and the city, county, or city and county that has jurisdiction over that establishment or employer, that received notice pursuant to this section shall be notified of the reinstatement within 10 business days. (h) Any notice required under this section may be given by any method reasonably calculated to provide actual notice. Any notice given by mail shall be given by first-class or certified mail sent to the last address of the applicant or certificate holder shown on the council’s records. (i) An applicant or certificate holder may challenge a denial or discipline decision issued pursuant to this section in a court of competent jurisdiction. Any action challenging a denial or discipline, including any claim alleging defective notice, shall be commenced within 90 days after the effective date of the denial or discipline. Certification issued pursuant to this chapter is not a fundamental vested right and judicial review of denial and disciplinary decisions made by the council shall be conducted using the substantial evidence standard of review. If the action is successful, the court may order any relief, including reinstatement, that it finds equitable under the circumstances. (j) (1) An applicant or certificate holder may request an appeal of a final decision by the council to deny a certificate or discipline a certificate holder by submitting a request in writing within 30 days of the date of the final decision. A request to appeal a final decision submitted pursuant to this paragraph shall be considered by a committee of the board of directors, who may convene in closed session for that purpose, within 120 days of the final decision. (2) If a request to appeal submitted pursuant to paragraph (1) is granted, the appeal of the final decision to deny a certificate or discipline a certificate holder shall be heard at the next board of directors meeting with a date, as posted on the internet website of the council, that is at least 120 days from the date that the request to appeal was granted, unless a timely request for a continuance of the hearing date is granted. The council may, in its discretion, for good cause, continue the date an appeal may be heard, in which case the appeal shall be heard at a later board of directors meeting. (3) The council shall notify the applicant or certificate holder of its right to request an appeal pursuant to paragraph (1) at the time of the final decision. (k) This section governs only the procedures for denial or discipline decision and not the substantive grounds for the denial or discipline. Denial or discipline based upon substantive grounds that violates contractual or other rights of the applicant or certificate holder, or is otherwise unlawful, is not made valid by compliance with this section. (Amended by Stats. 2025, Ch. 197, Sec. 6. (AB 1504) Effective January 1, 2026. Repealed as of January 1, 2030, pursuant to Section 4621.)
  148. 4611.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 10.5. Massage Therapy Act [4600 - 4621] ( Chapter 10.5 added by Stats. 2014, Ch. 406, Sec. 2. )

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    A person may not use massage-therapy certification titles or claim to be licensed, certified, or registered unless they actually hold the required active and valid certificate.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 10.5. Massage Therapy Act [4600 - 4621] ( Chapter 10.5 added by Stats. 2014, Ch. 406, Sec. 2. ) ## 4611. (a) It is an unfair business practice for a person to do any of the following: (1) To hold himself or herself out or to use the title of “certified massage therapist” or “certified massage practitioner,” or any other term, such as “licensed,” “certified,” “CMT,” or “CMP,” in any manner whatsoever that implies or suggests that the person is certified as a massage therapist or massage practitioner, unless that person currently holds an active and valid certificate issued by the council pursuant to this chapter. (2) To falsely state or advertise or put out any sign or card or other device, or to falsely represent to the public through any print or electronic media, that he or she or any other individual is licensed, certified, or registered by a governmental agency as a massage therapist or massage practitioner. (b) In addition to any other available remedies, engaging in any of the prohibited behaviors described in subdivision (a) constitutes unfair competition under Section 17200. (Added by Stats. 2014, Ch. 406, Sec. 2. (AB 1147) Effective January 1, 2015. Repealed as of January 1, 2030, pursuant to Section 4621.)
  149. 4612.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 10.5. Massage Therapy Act [4600 - 4621] ( Chapter 10.5 added by Stats. 2014, Ch. 406, Sec. 2. )

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    Local governments may not pass or enforce ordinances that conflict with this chapter or Government Code Section 51034.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 10.5. Massage Therapy Act [4600 - 4621] ( Chapter 10.5 added by Stats. 2014, Ch. 406, Sec. 2. ) ## 4612. (a) Notwithstanding any other law, a city, county, or city and county shall not enact or enforce an ordinance that conflicts with this chapter or Section 51034 of the Government Code. (b) Nothing in this chapter shall prevent a city, county, or city and county from licensing, regulating, prohibiting, or permitting an individual who provides massage for compensation without a valid certificate. (Added by Stats. 2014, Ch. 406, Sec. 2. (AB 1147) Effective January 1, 2015. Repealed as of January 1, 2030, pursuant to Section 4621.)
  150. 4614.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 10.5. Massage Therapy Act [4600 - 4621] ( Chapter 10.5 added by Stats. 2014, Ch. 406, Sec. 2. )

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    The council must share and review information about applicants or certificate holders when requested by certain local law enforcement or government agencies, and those agencies may provide information to the council when the council requests it.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 10.5. Massage Therapy Act [4600 - 4621] ( Chapter 10.5 added by Stats. 2014, Ch. 406, Sec. 2. ) ## 4614. (a) Upon the request of any law enforcement agency or any other representative of a local government agency with responsibility for regulating or administering a local ordinance relating to massage or massage establishments, the council shall provide information concerning an applicant or a certificate holder, including, but not limited to, any of the following: (1) The current status of an application or certificate. (2) Any history of disciplinary actions. (3) The home and work addresses of the applicant or certificate holder. (4) The name and home and work addresses of any person whose certificate has been suspended and the length of the suspension, if the work address is located within the jurisdiction of agency making the request. (5) Any other information in the council’s possession that is necessary to verify facts relevant to administering the local ordinance. (b) Upon the request of the council, any law enforcement agency or any other representative of a local government agency with responsibility for regulating or administering a local ordinance relating to massage or massage establishments is authorized to provide information to the council concerning an applicant or certificate holder, including, but not limited to, any of the following: (1) The current status of any local application or permit. (2) Any history of legal or administrative action taken against the applicant or certificate holder. (3) Any information related to criminal activity or unprofessional conduct allegedly engaged in by a certificate applicant or certificate holder, including, but not limited to, police reports and declarations of conduct. (4) The home and work addresses of the applicant or certificate holder. (5) Any other information in the possession of the law enforcement agency or other local government agency that is necessary to verify information or otherwise implement this chapter. (c) The council shall accept information provided by any law enforcement agency or any other representative of a local government agency with responsibility for regulating or administering a local ordinance relating to massage and review that information in a timely manner. The council shall have the responsibility to review any information received pursuant to this subdivision and to take any actions authorized by this chapter that are warranted by that information. (Added by Stats. 2014, Ch. 406, Sec. 2. (AB 1147) Effective January 1, 2015. Repealed as of January 1, 2030, pursuant to Section 4621.)
  151. 4615.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 10.5. Massage Therapy Act [4600 - 4621] ( Chapter 10.5 added by Stats. 2014, Ch. 406, Sec. 2. )

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    The council must review school approval applications, set approval procedures, and follow specific deadlines for notices, decisions, purges, and appeals.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 10.5. Massage Therapy Act [4600 - 4621] ( Chapter 10.5 added by Stats. 2014, Ch. 406, Sec. 2. ) ## 4615. (a) The council shall have the responsibility to determine whether the school from which an applicant has obtained the education required by this chapter meets the requirements of this chapter. (1) If the council has any reason to question whether or not the applicant received the education that is required by this chapter from the school or schools that the applicant is claiming, the council may investigate the facts to determine that the applicant received the required education before issuing a certificate. (2) For purposes of this section and any other provision of this chapter that authorizes the council to receive factual information as a condition of taking any action, the council may conduct oral interviews of the applicant and others or conduct any investigation deemed necessary to establish that the information received is accurate and satisfies the criteria established by this chapter. (b) (1) The council shall develop policies, procedures, rules, or bylaws governing the requirements and process for approving, denying approval of, imposing corrective action on, or unapproving schools consistent with Section 4601. These policies, procedures, rules, or bylaws shall address topics, including, but not limited to, what constitutes an acceptable curriculum, facility requirements, student-teacher ratios, clinical practice requirements, and provisions for the acceptance of accreditation from a recognized accreditation body or other form of acceptance. (2) The approval process for a school shall be consistent with the following timelines: (A) (i) On or before 30 days from the date the council receives an initial application for school approval, the council shall notify the school whether or not, for the purpose of preliminary review, the application is complete. (ii) A notice that an initial application is not complete for the purpose of preliminary review shall specify what additional documents or payment of fees the school is required to submit to the council to make the application complete for the purpose of preliminary review. (B) Within 60 days from the date the council notifies the school that the initial application is not complete for purposes of preliminary review, the school shall provide the missing information and pay the required fees. If a school fails to do so, the council shall purge the application. The council may, in its sole discretion, provide a school with an additional 30 days to make its application complete for purposes of preliminary review. A school with a purged application may submit a new application for school approval, including the required fees, without prejudice, after 180 days have passed from the effective date of purging. The council shall post on its internet website the effective date of purging. (C) (i) On or before one year from the date the council receives an initial application for approval as a school, the council shall approve the school, propose to deny approval of the school, or notify the school that corrective action is required. The council reserves the right to issue a one-time notice of corrective action on an initial application. If the school fails to adequately rectify the deficiencies, the council may deny the application. (ii) Within one year from the date that the council notifies a school of its proposed decision to deny approval of an initial application for school approval, the council shall notify the school of its final decision pursuant to any oral telephonic hearing or consideration of a written statement provided in opposition to the proposed decision to deny approval of the initial application for school approval. (D) A school may appeal the council’s final decision to deny approval of the school. An appeal of the council’s final decision to deny approval of a school shall be heard at the next board of directors meeting with a date, as posted on the council’s internet website, that is at least 120 days from the last date for the school to timely request an appeal, unless a timely request for a continuance of the hearing date is granted. The council may, in its discretion, for good cause, continue the date an appeal may be heard, in which case the appeal shall be heard at a later board of directors meeting. The council shall notify the school of its right to appeal pursuant to this subdivision at the time of the final decision. (3) The council shall exercise its authority to approve, deny approval of, and unapprove schools and specify corrective action in keeping with the purposes set forth in Section 4603. (c) The council may charge a reasonable fee for the inspection or approval of schools, provided the fees do not exceed the reasonable cost of the inspection or approval process. (d) The council shall note on its internet website the date that a letter proposing to deny a school’s application for approval or reapproval or requesting corrective action has been sent to the school and the final outcome and date of that proposed action. (e) For purposes of this section, the following terms have the following meanings: (1) “Initial application” means a new application submitted by a school for school approval. (2) “Complete application,” for purposes of preliminary review, means an application that the council, after preliminary review, has determined contains all the necessary documents for the council to begin a more thorough review process that allows the council to make a decision to approve or propose to deny the application for school approval or request corrective action. A complete application is not an approved application and a determination by the council upon preliminary review that an application is complete shall not prejudice the council’s ability to later determine that the application is not complete. (3) “Preliminary review” means an initial review conducted by the council to determine if all fees have been paid and if all application and supporting documents have been submitted, so that the council can move forward and begin a more thorough review process. The preliminary review process does not include completion of a site visit or completion of background checks for noncertified individuals. (Amended by Stats. 2025, Ch. 197, Sec. 7. (AB 1504) Effective January 1, 2026. Repealed as of January 1, 2030, pursuant to Section 4621.)
  152. 4615.5.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 10.5. Massage Therapy Act [4600 - 4621] ( Chapter 10.5 added by Stats. 2014, Ch. 406, Sec. 2. )

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    A non-approved massage therapy school must tell prospective students in writing, before enrollment, that it is not council-approved and that its education cannot be used for California massage therapist or massage practitioner certification.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 10.5. Massage Therapy Act [4600 - 4621] ( Chapter 10.5 added by Stats. 2014, Ch. 406, Sec. 2. ) ## 4615.5. A school offering a professional massage therapy program that has not been approved by the council pursuant to this chapter, before enrolling a student in the school, shall notify the student in writing and obtain a signed confirmation from the student that the student has received written notification of the following: (a) That the school is not approved by the council. (b) That the education completed at the school cannot be used to satisfy any of the requirements for certification as a massage therapist or massage practitioner in California. (Added by Stats. 2019, Ch. 290, Sec. 2. (AB 775) Effective January 1, 2020. Repealed as of January 1, 2030, pursuant to Section 4621.)
  153. 4616.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 10.5. Massage Therapy Act [4600 - 4621] ( Chapter 10.5 added by Stats. 2014, Ch. 406, Sec. 2. )

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    The council may be sued only in the county of its principal office, which must be in Sacramento unless the council designates a different county.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 10.5. Massage Therapy Act [4600 - 4621] ( Chapter 10.5 added by Stats. 2014, Ch. 406, Sec. 2. ) ## 4616. The council shall be sued only in the county of its principal office, which shall be in Sacramento, unless otherwise designated by the council. (Added by Stats. 2014, Ch. 406, Sec. 2. (AB 1147) Effective January 1, 2015. Repealed as of January 1, 2030, pursuant to Section 4621.)
  154. 4617.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 10.5. Massage Therapy Act [4600 - 4621] ( Chapter 10.5 added by Stats. 2014, Ch. 406, Sec. 2. )

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    A superior court may issue an injunction or other relief for a violation of this chapter if any person petitions the court.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 10.5. Massage Therapy Act [4600 - 4621] ( Chapter 10.5 added by Stats. 2014, Ch. 406, Sec. 2. ) ## 4617. The superior court of a county of competent jurisdiction may, upon a petition by any person, issue an injunction or any other relief the court deems appropriate for a violation of this chapter by any person or establishment operating in that county subject to the provisions of this chapter. An injunction proceeding 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 Stats. 2014, Ch. 406, Sec. 2. (AB 1147) Effective January 1, 2015. Repealed as of January 1, 2030, pursuant to Section 4621.)
  155. 4618.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 10.5. Massage Therapy Act [4600 - 4621] ( Chapter 10.5 added by Stats. 2014, Ch. 406, Sec. 2. )

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    This section says massage therapy certification is a matter of statewide concern and that the chapter applies to all cities and counties, including charter cities and charter counties.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 10.5. Massage Therapy Act [4600 - 4621] ( Chapter 10.5 added by Stats. 2014, Ch. 406, Sec. 2. ) ## 4618. The Legislature finds and declares that due to important health, safety, and welfare concerns that affect the entire state, establishing a uniform standard of certification for massage practitioners and massage therapists upon which consumers may rely to identify individuals who have achieved specified levels of education, training, and skill is a matter of statewide concern and not a municipal affair, as that term is used in Section 5 of Article XI of the California Constitution. Therefore, this chapter shall apply to all cities, counties, and cities and counties, including charter cities and charter counties. (Added by Stats. 2014, Ch. 406, Sec. 2. (AB 1147) Effective January 1, 2015. Repealed as of January 1, 2030, pursuant to Section 4621.)
  156. 4619.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 10.5. Massage Therapy Act [4600 - 4621] ( Chapter 10.5 added by Stats. 2014, Ch. 406, Sec. 2. )

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    This chapter must be read broadly to carry out its purposes, and its provisions are severable if part of the chapter is held invalid.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 10.5. Massage Therapy Act [4600 - 4621] ( Chapter 10.5 added by Stats. 2014, Ch. 406, Sec. 2. ) ## 4619. (a) This chapter shall be liberally construed to effectuate its purposes. (b) The provisions of this chapter are severable. If any provision of this chapter or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application. (c) If any provision of this chapter or the application of these provisions to any person or circumstance is held to be invalid, the invalidity shall not affect other provisions or applications of the chapter that can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable. (Added by Stats. 2014, Ch. 406, Sec. 2. (AB 1147) Effective January 1, 2015. Repealed as of January 1, 2030, pursuant to Section 4621.)
  157. 462.

    ## 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 7. Licensee [460 - 464] ( Chapter 7 added by Stats. 1967, Ch. 1095. )

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    Boards and related bodies may create an inactive license category by regulation, and holders of inactive licenses must not do licensed work while inactive.

    ## 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 7. Licensee [460 - 464] ( Chapter 7 added by Stats. 1967, Ch. 1095. ) ## 462. (a) Any of the boards, bureaus, commissions, or programs within the department may establish, by regulation, a system for an inactive category of licensure for persons who are not actively engaged in the practice of their profession or vocation. (b) The regulation shall contain the following provisions: (1) The holder of an inactive license issued pursuant to this section shall not engage in any activity for which a license is required. (2) An inactive license issued pursuant to this section shall be renewed during the same time period in which an active license is renewed. The holder of an inactive license need not comply with any continuing education requirement for renewal of an active license. (3) The renewal fee for a license in an active status shall apply also for a renewal of a license in an inactive status, unless a lesser renewal fee is specified by the board. (4) In order for the holder of an inactive license issued pursuant to this section to restore his or her license to an active status, the holder of an inactive license shall comply with all the following: (A) Pay the renewal fee. (B) If the board requires completion of continuing education for renewal of an active license, complete continuing education equivalent to that required for renewal of an active license, unless a different requirement is specified by the board. (c) This section shall not apply to any healing arts board as specified in Section 701. (Added by Stats. 1994, Ch. 26, Sec. 14. Effective March 30, 1994.)
  158. 4621.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 10.5. Massage Therapy Act [4600 - 4621] ( Chapter 10.5 added by Stats. 2014, Ch. 406, Sec. 2. )

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    This section makes Chapter 10.5 temporary: it stays in effect only until January 1, 2030, when it is repealed. It also says the council’s powers and duties are 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 10.5. Massage Therapy Act [4600 - 4621] ( Chapter 10.5 added by Stats. 2014, Ch. 406, Sec. 2. ) ## 4621. (a) This chapter shall remain in effect only until January 1, 2030, and as of that date is repealed. (b) Notwithstanding any other law, the powers and duties of the council shall be subject to review by the appropriate policy committees of the Legislature. (Amended by Stats. 2025, Ch. 197, Sec. 8. (AB 1504) Effective January 1, 2026. Repealed as of January 1, 2030, by its own provisions. Note: Repeal affects Chapter 10.5, commencing with Section 4600.)
  159. 464.

    ## 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 7. Licensee [460 - 464] ( Chapter 7 added by Stats. 1967, Ch. 1095. )

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    Boards may create a retired license category, but retired license holders generally cannot practice licensed activities and do not have to renew the retired license.

    ## 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 7. Licensee [460 - 464] ( Chapter 7 added by Stats. 1967, Ch. 1095. ) ## 464. (a) Any of the boards within the department may establish, by regulation, a system for a retired category of licensure for persons who are not actively engaged in the practice of their profession or vocation. (b) The regulation shall contain the following: (1) A retired license shall be issued to a person with either an active license or an inactive license that was not placed on inactive status for disciplinary reasons. (2) The holder of a retired license issued pursuant to this section shall not engage in any activity for which a license is required, unless the board, by regulation, specifies the criteria for a retired licensee to practice his or her profession or vocation. (3) The holder of a retired license shall not be required to renew that license. (4) The board shall establish an appropriate application fee for a retired license to cover the reasonable regulatory cost of issuing a retired license. (5) In order for the holder of a retired license issued pursuant to this section to restore his or her license to an active status, the holder of that license shall meet all the following: (A) Pay a fee established by statute or regulation. (B) Certify, in a manner satisfactory to the board, that he or she has not committed an act or crime constituting grounds for denial of licensure. (C) Comply with the fingerprint submission requirements established by regulation. (D) If the board requires completion of continuing education for renewal of an active license, complete continuing education equivalent to that required for renewal of an active license, unless a different requirement is specified by the board. (E) Complete any other requirements as specified by the board by regulation. (c) A board may upon its own determination, and shall upon receipt of a complaint from any person, investigate the actions of any licensee, including a person with a license that either restricts or prohibits the practice of that person in his or her profession or vocation, including, but not limited to, a license that is retired, inactive, canceled, revoked, or suspended. (d) Subdivisions (a) and (b) shall not apply to a board that has other statutory authority to establish a retired license. (Added by Stats. 2016, Ch. 473, Sec. 1. (AB 2859) Effective January 1, 2017.)
  160. 465.

    ## 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 8. Dispute Resolution Programs [465 - 471.5] ( Chapter 8 added by Stats. 1986, Ch. 1313, Sec. 1. ) ## ARTICLE 1. Legislative Purpose [465 - 465.5] ( Article 1 added by Stats. 1986, Ch. 1313, Sec. 1. )

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    The Legislature states that alternative dispute resolution should be used more widely, and that courts, agencies, counties, and the Judicial Council should support it in their 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 8. Dispute Resolution Programs [465 - 471.5] ( Chapter 8 added by Stats. 1986, Ch. 1313, Sec. 1. ) ## ARTICLE 1. Legislative Purpose [465 - 465.5] ( Article 1 added by Stats. 1986, Ch. 1313, Sec. 1. ) ## 465. The Legislature hereby finds and declares all of the following: (a) The resolution of many disputes can be unnecessarily costly, time-consuming, and complex when achieved through formal court proceedings where the parties are adversaries and are subjected to formalized procedures. (b) To achieve more effective and efficient dispute resolution in a complex society, greater use of alternatives to the courts, such as mediation, conciliation, and arbitration should be encouraged. Community dispute resolution programs and increased use of other alternatives to the formal judicial system may offer less threatening and more flexible forums for persons of all ethnic, racial, and socioeconomic backgrounds. These alternatives, among other things, can assist in the resolution of disputes between neighbors, some domestic disputes, consumer-merchant disputes, and other kinds of disputes in which the parties have continuing relationships. A noncoercive dispute resolution forum in the community may also provide a valuable prevention and early intervention problem-solving resource to the community. (c) Local resources, including volunteers reflective of the diversity of the community and available public buildings should be utilized to achieve more accessible, cost-effective resolutions of disputes. Additional financial resources are needed to expand, stabilize, and improve existing programs and entities which sponsor alternative dispute resolution. (d) Courts, prosecuting authorities, law enforcement agencies, and administrative agencies should encourage greater use of alternative dispute resolution techniques whenever the administration of justice will be improved. (e) Counties should consider increasing the use of alternative dispute resolution in their operations as plans for court reform are developed and implemented. (f) The Judicial Council should consider, in redrafting or updating any of the official pleading forms used in the trial courts of this state, the inclusion of information on options for alternative dispute resolution. (Added by Stats. 1986, Ch. 1313, Sec. 1.)
  161. 465.5.

    ## 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 8. Dispute Resolution Programs [465 - 471.5] ( Chapter 8 added by Stats. 1986, Ch. 1313, Sec. 1. ) ## ARTICLE 1. Legislative Purpose [465 - 465.5] ( Article 1 added by Stats. 1986, Ch. 1313, Sec. 1. )

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    This section states the Legislature’s intent to let counties promote and support alternative dispute resolution programs and related community education, participation, and cooperation.

    ## 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 8. Dispute Resolution Programs [465 - 471.5] ( Chapter 8 added by Stats. 1986, Ch. 1313, Sec. 1. ) ## ARTICLE 1. Legislative Purpose [465 - 465.5] ( Article 1 added by Stats. 1986, Ch. 1313, Sec. 1. ) ## 465.5. It is the intent of the Legislature to permit counties to accomplish all of the following: (a) Encouragement and support of the development and use of alternative dispute resolution techniques. (b) Encouragement and support of community participation in the development, administration, and oversight of local programs designed to facilitate the informal resolution of disputes among members of the community. (c) Development of structures for dispute resolution that may serve as models for resolution programs in other communities. (d) Education of communities with regard to the availability and benefits of alternative dispute resolution techniques. (e) Encouragement of courts, prosecuting authorities, public defenders, law enforcement agencies, and administrative agencies to work in cooperation with, and to make referrals to, dispute resolution programs. At the time that the state assumes the responsibility for the funding of California trial courts, consideration shall be given to the Dispute Resolution Advisory Council’s evaluation of the effectiveness of alternative dispute resolution programs and the feasibility of the operation of a statewide program of grants, with the intention of funding alternative dispute resolution programs on a statewide basis. (Added by Stats. 1986, Ch. 1313, Sec. 1.)
  162. 4650.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 10.7. Music Therapy [4650 - 4657] ( Chapter 10.7 added by Stats. 2019, Ch. 167, Sec. 1. )

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    This chapter is named the Music Therapy Act and may be cited by that name.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 10.7. Music Therapy [4650 - 4657] ( Chapter 10.7 added by Stats. 2019, Ch. 167, Sec. 1. ) ## 4650. This chapter shall be known, and may be cited, as the Music Therapy Act. (Added by Stats. 2019, Ch. 167, Sec. 1. (AB 1540) Effective January 1, 2020.)
  163. 4651.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 10.7. Music Therapy [4650 - 4657] ( Chapter 10.7 added by Stats. 2019, Ch. 167, Sec. 1. )

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    This section says certified music therapists must follow the CBMT Code of Professional Practice and recertify every five years.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 10.7. Music Therapy [4650 - 4657] ( Chapter 10.7 added by Stats. 2019, Ch. 167, Sec. 1. ) ## 4651. The Legislature finds and declares the following: (a) Existing national certification of music therapists requires the therapist to have graduated with a bachelor’s degree or its equivalent, or higher, from a music therapy degree program approved by the American Music Therapy Association (AMTA), successful completion of a minimum of 1,200 hours of supervised clinical work through preinternship training at an approved degree program, and internship training through approved national roster or university affiliated internship programs, or an equivalent. (b) Upon successful completion of the AMTA academic and clinical training requirements or its international equivalent, an individual is eligible to sit for the national board certification exam administered by the Certification Board for Music Therapists (CBMT), an independent, nonprofit corporation fully accredited by the National Commission for Certifying Agencies. (c) The CBMT grants the Music Therapist-Board Certified (MT-BC) credential to music therapists who have demonstrated the knowledge, skills, and abilities for competence in the current practice of music therapy. The purpose of board certification in music therapy is to provide an objective national standard that can be used as a measure of professionalism and competence by interested agencies, groups, and individuals. (d) The MT-BC is awarded by the CBMT to an individual upon successful completion of an academic and clinical training program approved by the AMTA or an international equivalent and successful completion of an objective written examination demonstrating current competency in the profession of music therapy. The CBMT administers this examination, which is based on a nationwide music therapy practice analysis that is reviewed and updated every five years to reflect current clinical practice. (e) Once certified, a music therapist must adhere to the CBMT Code of Professional Practice and recertify every five years through either a program of continuing education or reexamination. (Added by Stats. 2019, Ch. 167, Sec. 1. (AB 1540) Effective January 1, 2020.)
  164. 4652.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 10.7. Music Therapy [4650 - 4657] ( Chapter 10.7 added by Stats. 2019, Ch. 167, Sec. 1. )

    Verify source ↗

    The Legislature states that this chapter is intended to define music therapy and make it easier for consumers and state and local agencies to identify qualified music therapists.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 10.7. Music Therapy [4650 - 4657] ( Chapter 10.7 added by Stats. 2019, Ch. 167, Sec. 1. ) ## 4652. It is the intent of the Legislature that this chapter do the following: (a) Provide a statutory definition of music therapy. (b) Enable consumers and state and local agencies to more easily identify qualified music therapists. (Added by Stats. 2019, Ch. 167, Sec. 1. (AB 1540) Effective January 1, 2020.)
  165. 4653.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 10.7. Music Therapy [4650 - 4657] ( Chapter 10.7 added by Stats. 2019, Ch. 167, Sec. 1. )

    Verify source ↗

    This section defines “music therapy” and “music therapy interventions,” including examples of interventions and the kinds of settings and client needs they address.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 10.7. Music Therapy [4650 - 4657] ( Chapter 10.7 added by Stats. 2019, Ch. 167, Sec. 1. ) ## 4653. As used in this chapter: (a) “Music therapy” means the clinical and evidence-based use of music therapy interventions in developmental, rehabilitative, habilitative, medical, mental health, preventive, wellness care, or educational settings to address physical, emotional, cognitive, and social needs of individuals within a therapeutic relationship. Music therapy includes the following: (1) The development of music therapy treatment plans specific to the needs and strengths of the client who may be seen individually or in groups. (2) Music therapy plans shall establish goals, objectives, and potential strategies of the music therapy services appropriate for the client and setting. (b) “Music therapy interventions” include, but are not limited to, music improvisation, receptive music listening, song writing, lyric discussion, music and imagery, singing, music performance, learning through music, music combined with other arts, music-assisted relaxation, music-based patient education, electronic music technology, adapted music intervention, and movement to music. (Added by Stats. 2019, Ch. 167, Sec. 1. (AB 1540) Effective January 1, 2020.)
  166. 4654.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 10.7. Music Therapy [4650 - 4657] ( Chapter 10.7 added by Stats. 2019, Ch. 167, Sec. 1. )

    Verify source ↗

    A music therapist may not use the title “Board Certified Music Therapist” unless they meet the listed education, supervised training, and certification requirements.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 10.7. Music Therapy [4650 - 4657] ( Chapter 10.7 added by Stats. 2019, Ch. 167, Sec. 1. ) ## 4654. An individual who provides music therapy shall not refer to oneself using the title of “Board Certified Music Therapist” unless the individual has completed all of the following: (a) A bachelor’s degree or its equivalent, or higher, from a music therapy degree program approved by the American Music Therapy Association using current standards, beginning with those adopted on April 1, 2015. (b) A minimum of 1,200 hours of supervised clinical work through preinternship training at an approved degree program and internship training through an approved national roster or university affiliated internship program, or the equivalent. (c) The current requirements for certification, beginning with those adopted on April 1, 2015, established by the Certification Board for Music Therapists for the Music Therapist-Board Certified credential. (Added by Stats. 2019, Ch. 167, Sec. 1. (AB 1540) Effective January 1, 2020.)
  167. 4655.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 10.7. Music Therapy [4650 - 4657] ( Chapter 10.7 added by Stats. 2019, Ch. 167, Sec. 1. )

    Verify source ↗

    People engaged in music therapy may not claim they provide licensed mental health counseling, psychotherapy, or occupational therapy, and they may not imply they are Board Certified Music Therapists unless they meet Section 4654’s criteria.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 10.7. Music Therapy [4650 - 4657] ( Chapter 10.7 added by Stats. 2019, Ch. 167, Sec. 1. ) ## 4655. This chapter shall not be construed to authorize a person engaged in music therapy to state or imply that they provide mental health counseling, psychotherapy, or occupational therapy for which a license is required under this division. While the use of music is not restricted to any profession, the use of music shall not imply or suggest that the person is a Board Certified Music Therapist, if they do not meet the criteria specified in Section 4654. (Added by Stats. 2019, Ch. 167, Sec. 1. (AB 1540) Effective January 1, 2020.)
  168. 4656.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 10.7. Music Therapy [4650 - 4657] ( Chapter 10.7 added by Stats. 2019, Ch. 167, Sec. 1. )

    Verify source ↗

    A person may not use the title “Board Certified Music Therapist” unless they meet the requirements of Section 4654.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 10.7. Music Therapy [4650 - 4657] ( Chapter 10.7 added by Stats. 2019, Ch. 167, Sec. 1. ) ## 4656. It is an unfair business practice within the meaning of Chapter 5 (commencing with Section 17200) of Part 2 of Division 7, for a person to use the title “Board Certified Music Therapist” if they do not meet the requirements of Section 4654. (Added by Stats. 2019, Ch. 167, Sec. 1. (AB 1540) Effective January 1, 2020.)
  169. 4657.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 10.7. Music Therapy [4650 - 4657] ( Chapter 10.7 added by Stats. 2019, Ch. 167, Sec. 1. )

    Verify source ↗

    This chapter does not require a California state employee music therapist to get Board Certified Music Therapist certification.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 10.7. Music Therapy [4650 - 4657] ( Chapter 10.7 added by Stats. 2019, Ch. 167, Sec. 1. ) ## 4657. This chapter shall not be construed to require a music therapist currently employed by the State of California to obtain certification as a Board Certified Music Therapist. (Added by Stats. 2019, Ch. 167, Sec. 1. (AB 1540) Effective January 1, 2020.)
  170. 466.

    ## 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 8. Dispute Resolution Programs [465 - 471.5] ( Chapter 8 added by Stats. 1986, Ch. 1313, Sec. 1. ) ## ARTICLE 2. Definitions [466- 466.] ( Article 2 added by Stats. 1986, Ch. 1313, Sec. 1. )

    Verify source ↗

    This section defines “dispute resolution,” “program,” and “Advisory Council” for use in the chapter.

    ## 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 8. Dispute Resolution Programs [465 - 471.5] ( Chapter 8 added by Stats. 1986, Ch. 1313, Sec. 1. ) ## ARTICLE 2. Definitions [466- 466.] ( Article 2 added by Stats. 1986, Ch. 1313, Sec. 1. ) ## 466. As used in this chapter: (a) “Dispute resolution” includes, but is not limited to, mediation, conciliation, and arbitration. (b) “Program” means an entity that provides dispute resolution. (c) “Advisory Council” means the Dispute Resolution Advisory Council. (Added by Stats. 1986, Ch. 1313, Sec. 1.)
  171. 467.

    ## 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 8. Dispute Resolution Programs [465 - 471.5] ( Chapter 8 added by Stats. 1986, Ch. 1313, Sec. 1. ) ## ARTICLE 3. Establishment and Administration of Programs [467 - 467.7] ( Article 3 added by Stats. 1986, Ch. 1313, Sec. 1. )

    Verify source ↗

    A Dispute Resolution Advisory Council is created, and its members and appointing authorities have set composition and compensation 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 8. Dispute Resolution Programs [465 - 471.5] ( Chapter 8 added by Stats. 1986, Ch. 1313, Sec. 1. ) ## ARTICLE 3. Establishment and Administration of Programs [467 - 467.7] ( Article 3 added by Stats. 1986, Ch. 1313, Sec. 1. ) ## 467. (a) There is in the Division of Consumer Services of the Department of Consumer Affairs a Dispute Resolution Advisory Council. The advisory council shall complete the duties required by this chapter no later than January 1, 1989. (b) The advisory council shall consist of seven persons, five of whom shall be appointed by the Governor. One member shall be appointed by the Senate Rules Committee, and one member shall be appointed by the Speaker of the Assembly. At least four of the persons appointed to the advisory council shall be active members of the State Bar of California, and at least four persons appointed to the advisory council shall have a minimum of two years of direct experience in utilizing dispute resolution techniques. The members of the advisory council shall reflect the racial, ethnic, sexual, and geographic diversity of the State of California. (c) The members of the advisory council shall not receive a salary for their services but shall be reimbursed for their actual and necessary travel and other expenses incurred in the performance of their duties. (Amended by Stats. 1987, Ch. 28, Sec. 1. Effective May 28, 1987.)
  172. 467.1.

    ## 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 8. Dispute Resolution Programs [465 - 471.5] ( Chapter 8 added by Stats. 1986, Ch. 1313, Sec. 1. ) ## ARTICLE 3. Establishment and Administration of Programs [467 - 467.7] ( Article 3 added by Stats. 1986, Ch. 1313, Sec. 1. )

    Verify source ↗

    A funded program must be operated by contract with the county and follow this chapter and the advisory council’s rules and regulations.

    ## 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 8. Dispute Resolution Programs [465 - 471.5] ( Chapter 8 added by Stats. 1986, Ch. 1313, Sec. 1. ) ## ARTICLE 3. Establishment and Administration of Programs [467 - 467.7] ( Article 3 added by Stats. 1986, Ch. 1313, Sec. 1. ) ## 467.1. (a) A program funded pursuant to this chapter shall be operated pursuant to contract with the county and shall comply with all of the requirements of this chapter and the rules and regulations of the advisory council. (b) Counties may establish a program of grants to public entities and nonpartisan nonprofit corporations for the establishment and continuance of programs to be operated under the requirements of this chapter and the standards developed by the advisory council. The board of supervisors of a county in which, because of the county’s size, the distribution authorized by Section 470.5 is insufficient to establish a county program may enter into an agreement with the board of supervisors of one or more other such counties to establish a program authorized by this chapter on a regional basis. (Amended by Stats. 2005, Ch. 75, Sec. 2. Effective July 19, 2005. Operative January 1, 2006, by Sec. 156 of Ch. 75.)
  173. 467.2.

    ## 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 8. Dispute Resolution Programs [465 - 471.5] ( Chapter 8 added by Stats. 1986, Ch. 1313, Sec. 1. ) ## ARTICLE 3. Establishment and Administration of Programs [467 - 467.7] ( Article 3 added by Stats. 1986, Ch. 1313, Sec. 1. )

    Verify source ↗

    A program is eligible for funding only if it meets the listed requirements.

    ## 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 8. Dispute Resolution Programs [465 - 471.5] ( Chapter 8 added by Stats. 1986, Ch. 1313, Sec. 1. ) ## ARTICLE 3. Establishment and Administration of Programs [467 - 467.7] ( Article 3 added by Stats. 1986, Ch. 1313, Sec. 1. ) ## 467.2. A program shall not be eligible for funding under this chapter unless it meets all of the following requirements: (a) Compliance with this chapter and the applicable rules and regulations of the advisory council. (b) Provision of neutral persons adequately trained in conflict resolution techniques as required by the rules and regulations promulgated by the advisory council pursuant to Section 471. (c) Provision of dispute resolution, on a sliding scale basis, and without cost to indigents. (d) Provision that, upon consent of the parties, a written agreement or an award resolving a dispute will be issued setting out a settlement of the issues involved in the dispute and the future responsibilities of each party. (e) Provision of neutral procedures applicable equally to all participants without any special benefit or consideration given to persons or entities providing funding for the programs. (f) Provision that participation in the program is voluntary and that the parties are not coerced to enter dispute resolution. (g) Provision of alternative dispute resolution is the primary purpose of the program. (h) Programs operated by counties that receive funding under this chapter shall be operated primarily for the purposes of dispute resolution, consistent with the purposes of this chapter. (Added by Stats. 1986, Ch. 1313, Sec. 1.)
  174. 467.3.

    ## 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 8. Dispute Resolution Programs [465 - 471.5] ( Chapter 8 added by Stats. 1986, Ch. 1313, Sec. 1. ) ## ARTICLE 3. Establishment and Administration of Programs [467 - 467.7] ( Article 3 added by Stats. 1986, Ch. 1313, Sec. 1. )

    Verify source ↗

    Programs funded under this chapter must give people who intend to use the dispute resolution process a written statement before the proceeding, in clear language.

    ## 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 8. Dispute Resolution Programs [465 - 471.5] ( Chapter 8 added by Stats. 1986, Ch. 1313, Sec. 1. ) ## ARTICLE 3. Establishment and Administration of Programs [467 - 467.7] ( Article 3 added by Stats. 1986, Ch. 1313, Sec. 1. ) ## 467.3. Programs funded pursuant to this chapter shall provide persons indicating an intention to utilize the dispute resolution process with a written statement prior to the dispute resolution proceeding, in language easy to read and understand, stating all of the following: (a) The nature of the dispute. (b) The nature of the dispute resolution process. (c) The rights and obligations of the parties, including, but not limited to, all of the following: (1) The right to call and examine witnesses. (2) The right of the parties to be accompanied by counsel, who may participate as permitted under the rules and procedures of the program. (d) The procedures under which the dispute resolution will be conducted. (e) If the parties enter into arbitration, whether the dispute resolution process will be binding. (Added by Stats. 1986, Ch. 1313, Sec. 1.)
  175. 467.4.

    ## 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 8. Dispute Resolution Programs [465 - 471.5] ( Chapter 8 added by Stats. 1986, Ch. 1313, Sec. 1. ) ## ARTICLE 3. Establishment and Administration of Programs [467 - 467.7] ( Article 3 added by Stats. 1986, Ch. 1313, Sec. 1. )

    Verify source ↗

    A dispute-resolution agreement is generally not enforceable in court and not admissible in proceedings unless the parties’ consent or the agreement clearly says it is.

    ## 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 8. Dispute Resolution Programs [465 - 471.5] ( Chapter 8 added by Stats. 1986, Ch. 1313, Sec. 1. ) ## ARTICLE 3. Establishment and Administration of Programs [467 - 467.7] ( Article 3 added by Stats. 1986, Ch. 1313, Sec. 1. ) ## 467.4. (a) An agreement resolving a dispute entered into with the assistance of a program shall not be enforceable in a court nor shall it be admissible as evidence in any judicial or administrative proceeding, unless the consent of the parties or the agreement includes a provision that clearly states the intention of the parties that the agreement or any resulting award shall be so enforceable or admissible as evidence. (b) The parties may agree in writing to toll the applicable statute of limitations during the pendency of the dispute resolution process. (Added by Stats. 1986, Ch. 1313, Sec. 1.)
  176. 467.5.

    ## 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 8. Dispute Resolution Programs [465 - 471.5] ( Chapter 8 added by Stats. 1986, Ch. 1313, Sec. 1. ) ## ARTICLE 3. Establishment and Administration of Programs [467 - 467.7] ( Article 3 added by Stats. 1986, Ch. 1313, Sec. 1. )

    Verify source ↗

    Proceedings run by a program funded under this chapter are subject to Chapter 2 of Division 9 of the Evidence Code, including arbitrations and conciliations.

    ## 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 8. Dispute Resolution Programs [465 - 471.5] ( Chapter 8 added by Stats. 1986, Ch. 1313, Sec. 1. ) ## ARTICLE 3. Establishment and Administration of Programs [467 - 467.7] ( Article 3 added by Stats. 1986, Ch. 1313, Sec. 1. ) ## 467.5. Notwithstanding the express application of Chapter 2 (commencing with Section 1115) of Division 9 of the Evidence Code to mediations, all proceedings conducted by a program funded pursuant to this chapter, including, but not limited to, arbitrations and conciliations, are subject to Chapter 2 (commencing with Section 1115) of Division 9 of the Evidence Code. (Amended by Stats. 1997, Ch. 772, Sec. 1. Effective January 1, 1998.)
  177. 467.6.

    ## 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 8. Dispute Resolution Programs [465 - 471.5] ( Chapter 8 added by Stats. 1986, Ch. 1313, Sec. 1. ) ## ARTICLE 3. Establishment and Administration of Programs [467 - 467.7] ( Article 3 added by Stats. 1986, Ch. 1313, Sec. 1. )

    Verify source ↗

    Each program must keep statistical records required by Section 471.5 and any additional records the county may require.

    ## 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 8. Dispute Resolution Programs [465 - 471.5] ( Chapter 8 added by Stats. 1986, Ch. 1313, Sec. 1. ) ## ARTICLE 3. Establishment and Administration of Programs [467 - 467.7] ( Article 3 added by Stats. 1986, Ch. 1313, Sec. 1. ) ## 467.6. Each program shall maintain those statistical records required by Section 471.5, and as may be required by the county. The records shall maintain the confidentiality and anonymity of the parties. (Added by Stats. 1986, Ch. 1313, Sec. 1.)
  178. 467.7.

    ## 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 8. Dispute Resolution Programs [465 - 471.5] ( Chapter 8 added by Stats. 1986, Ch. 1313, Sec. 1. ) ## ARTICLE 3. Establishment and Administration of Programs [467 - 467.7] ( Article 3 added by Stats. 1986, Ch. 1313, Sec. 1. )

    Verify source ↗

    People who enter dispute resolution voluntarily may withdraw and seek court or administrative relief unless the parties agreed to a binding award. In criminal cases with a filed complaint (other than an infraction), advice of counsel must be obtained before dispute resolution starts, and a defendant may knowingly and voluntarily waive counsel.

    ## 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 8. Dispute Resolution Programs [465 - 471.5] ( Chapter 8 added by Stats. 1986, Ch. 1313, Sec. 1. ) ## ARTICLE 3. Establishment and Administration of Programs [467 - 467.7] ( Article 3 added by Stats. 1986, Ch. 1313, Sec. 1. ) ## 467.7. (a) Unless the parties have agreed to a binding award, nothing in this chapter shall be construed to prohibit any person who voluntarily enters the dispute resolution process from revoking his or her consent, withdrawing from dispute resolution, and seeking judicial or administrative redress. (b) In cases in which a criminal complaint has been filed by a prosecutor, other than for an infraction, the advice of counsel shall be obtained before any dispute resolution process is initiated. Nothing in this subdivision shall be construed to preclude a defendant from knowingly and voluntarily waiving the right to counsel. A defendant who indicates a desire to waive the right to counsel shall be encouraged to consult with the public defender or private counsel before waiving that right. (Added by Stats. 1986, Ch. 1313, Sec. 1.)
  179. 468.

    ## 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 8. Dispute Resolution Programs [465 - 471.5] ( Chapter 8 added by Stats. 1986, Ch. 1313, Sec. 1. ) ## ARTICLE 4. Application Procedures [468 - 468.3] ( Article 4 added by Stats. 1986, Ch. 1313, Sec. 1. )

    Verify source ↗

    A county must use funds available for this chapter only for projects proposed by eligible 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 8. Dispute Resolution Programs [465 - 471.5] ( Chapter 8 added by Stats. 1986, Ch. 1313, Sec. 1. ) ## ARTICLE 4. Application Procedures [468 - 468.3] ( Article 4 added by Stats. 1986, Ch. 1313, Sec. 1. ) ## 468. All funds available to a county for the purposes of this chapter shall be utilized for projects proposed by eligible programs. (Added by Stats. 1986, Ch. 1313, Sec. 1.)
  180. 468.1.

    ## 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 8. Dispute Resolution Programs [465 - 471.5] ( Chapter 8 added by Stats. 1986, Ch. 1313, Sec. 1. ) ## ARTICLE 4. Application Procedures [468 - 468.3] ( Article 4 added by Stats. 1986, Ch. 1313, Sec. 1. )

    Verify source ↗

    A county must select programs for funding from the applications submitted for that purpose.

    ## 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 8. Dispute Resolution Programs [465 - 471.5] ( Chapter 8 added by Stats. 1986, Ch. 1313, Sec. 1. ) ## ARTICLE 4. Application Procedures [468 - 468.3] ( Article 4 added by Stats. 1986, Ch. 1313, Sec. 1. ) ## 468.1. Programs shall be selected for funding by a county from the applications submitted therefor. (Added by Stats. 1986, Ch. 1313, Sec. 1.)
  181. 468.2.

    ## 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 8. Dispute Resolution Programs [465 - 471.5] ( Chapter 8 added by Stats. 1986, Ch. 1313, Sec. 1. ) ## ARTICLE 4. Application Procedures [468 - 468.3] ( Article 4 added by Stats. 1986, Ch. 1313, Sec. 1. )

    Verify source ↗

    Funding applications must include the listed 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 8. Dispute Resolution Programs [465 - 471.5] ( Chapter 8 added by Stats. 1986, Ch. 1313, Sec. 1. ) ## ARTICLE 4. Application Procedures [468 - 468.3] ( Article 4 added by Stats. 1986, Ch. 1313, Sec. 1. ) ## 468.2. Applications submitted for funding shall include, but need not be limited to, all of the following information: (a) Evidence of compliance with Sections 467.2, 467.3, and 467.4. (b) A description of the proposed community area of service, cost of the principal components of operation, and any other characteristics, as determined by rules of the advisory council. (c) A description of available dispute resolution services and facilities within the defined geographical area. (d) A description of the applicant’s proposed program, by type and purpose, including evidence of community support, the present availability of resources, and the applicant’s administrative capability. (e) A description of existing or planned cooperation between the applicant and local human service and justice system agencies. (f) A demonstrated effort on the part of the applicant to show the manner in which funds that may be awarded under this program may be coordinated or consolidated with other local, state, or federal funds available for the activities described in Sections 467.2, 467.3, and 467.4. (g) An explanation of the methods to be used for selecting and training mediators and other facilitators used in the dispute resolution process. (h) Such additional information as may be required by the county. (Added by Stats. 1986, Ch. 1313, Sec. 1.)
  182. 468.3.

    ## 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 8. Dispute Resolution Programs [465 - 471.5] ( Chapter 8 added by Stats. 1986, Ch. 1313, Sec. 1. ) ## ARTICLE 4. Application Procedures [468 - 468.3] ( Article 4 added by Stats. 1986, Ch. 1313, Sec. 1. )

    Verify source ↗

    Applicants’ data must be used to assign relative funding priority, using criteria developed by the advisory council.

    ## 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 8. Dispute Resolution Programs [465 - 471.5] ( Chapter 8 added by Stats. 1986, Ch. 1313, Sec. 1. ) ## ARTICLE 4. Application Procedures [468 - 468.3] ( Article 4 added by Stats. 1986, Ch. 1313, Sec. 1. ) ## 468.3. Data supplied by each applicant shall be used to assign relative funding priority on the basis of criteria developed by the advisory council. The criteria may include, but shall not be limited to, all of the following, in addition to the criteria set forth in Section 468.2: (a) Unit cost, according to the type and scope of the proposed program. (b) Quality and validity of the program. (c) Number of participants who may be served. (d) Administrative capability. (e) Community support factors. (Added by Stats. 1986, Ch. 1313, Sec. 1.)
  183. 469.

    ## 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 8. Dispute Resolution Programs [465 - 471.5] ( Chapter 8 added by Stats. 1986, Ch. 1313, Sec. 1. ) ## ARTICLE 5. Payment Procedures [469- 469.] ( Article 5 added by Stats. 1986, Ch. 1313, Sec. 1. )

    Verify source ↗

    The county must use chapter funds for approved programs, limit administration spending to 10% or 20% depending on county population, and follow advisory council regulations.

    ## 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 8. Dispute Resolution Programs [465 - 471.5] ( Chapter 8 added by Stats. 1986, Ch. 1313, Sec. 1. ) ## ARTICLE 5. Payment Procedures [469- 469.] ( Article 5 added by Stats. 1986, Ch. 1313, Sec. 1. ) ## 469. Upon the approval of the county, funds available for the purposes of this chapter shall be used for the costs of operation of approved programs. Not more than 10 percent of funds available for the purposes of this chapter shall be used to finance the administration of the program by a county with a population of 500,000 or more persons, and no more than 20 percent may be so used if its population is less than that amount. All moneys allocated for the purposes of this chapter shall be apportioned and distributed to programs in the county, taking into account the relative population and needs of a community as well as the availability of existing dispute resolution facilities offering alternatives to the formal judicial system. If any program receives funding from any other county fee enhancements collected for the purpose of funding alternative dispute resolution services, the county shall consider that fact in determining the appropriate level of funding for a particular program. The methods of payment or reimbursement for dispute resolution costs shall be specified by the county and may vary among programs. All such arrangements shall conform to the regulations of the advisory council. (Amended by Stats. 1992, Ch. 685, Sec. 1. Effective September 14, 1992.)
  184. 470.

    ## 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 8. Dispute Resolution Programs [465 - 471.5] ( Chapter 8 added by Stats. 1986, Ch. 1313, Sec. 1. ) ## ARTICLE 6. Funding [470 - 470.6] ( Article 6 added by Stats. 1986, Ch. 1313, Sec. 1. )

    Verify source ↗

    A county may accept and spend funds from public or private sources for this chapter’s purposes.

    ## 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 8. Dispute Resolution Programs [465 - 471.5] ( Chapter 8 added by Stats. 1986, Ch. 1313, Sec. 1. ) ## ARTICLE 6. Funding [470 - 470.6] ( Article 6 added by Stats. 1986, Ch. 1313, Sec. 1. ) ## 470. A county may accept and disburse funds from any public or private source for the purposes of this chapter. (Added by Stats. 1986, Ch. 1313, Sec. 1.)
  185. 470.1.

    ## 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 8. Dispute Resolution Programs [465 - 471.5] ( Chapter 8 added by Stats. 1986, Ch. 1313, Sec. 1. ) ## ARTICLE 6. Funding [470 - 470.6] ( Article 6 added by Stats. 1986, Ch. 1313, Sec. 1. )

    Verify source ↗

    Grant recipients may accept funds from public or private sources, counties and their representatives may inspect and audit program finances, and programs should use public facilities at free or nominal cost whenever reasonably possible.

    ## 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 8. Dispute Resolution Programs [465 - 471.5] ( Chapter 8 added by Stats. 1986, Ch. 1313, Sec. 1. ) ## ARTICLE 6. Funding [470 - 470.6] ( Article 6 added by Stats. 1986, Ch. 1313, Sec. 1. ) ## 470.1. (a) A grant recipient may accept funds from any public or private source for the purposes of this chapter. (b) A county and its representatives may inspect, examine, and audit the fiscal affairs of the programs and the projects funded under this chapter. (c) Programs shall, whenever reasonably possible, make use of public facilities at free or nominal costs. (Added by Stats. 1986, Ch. 1313, Sec. 1.)
  186. 470.2.

    ## 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 8. Dispute Resolution Programs [465 - 471.5] ( Chapter 8 added by Stats. 1986, Ch. 1313, Sec. 1. ) ## ARTICLE 6. Funding [470 - 470.6] ( Article 6 added by Stats. 1986, Ch. 1313, Sec. 1. )

    Verify source ↗

    A county’s share of the funding for this chapter cannot be more than 50% of the program’s approved estimated cost.

    ## 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 8. Dispute Resolution Programs [465 - 471.5] ( Chapter 8 added by Stats. 1986, Ch. 1313, Sec. 1. ) ## ARTICLE 6. Funding [470 - 470.6] ( Article 6 added by Stats. 1986, Ch. 1313, Sec. 1. ) ## 470.2. A county’s share of the funding pursuant to this chapter shall not exceed 50 percent of the approved estimated cost of the program. (Added by Stats. 1986, Ch. 1313, Sec. 1.)
  187. 470.5.

    ## 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 8. Dispute Resolution Programs [465 - 471.5] ( Chapter 8 added by Stats. 1986, Ch. 1313, Sec. 1. ) ## ARTICLE 6. Funding [470 - 470.6] ( Article 6 added by Stats. 1986, Ch. 1313, Sec. 1. )

    Verify source ↗

    The Administrative Office of the Courts must make monthly fee distributions for county dispute resolution programs, and counties must deposit and disclose the funds and give notice of certain changes.

    ## 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 8. Dispute Resolution Programs [465 - 471.5] ( Chapter 8 added by Stats. 1986, Ch. 1313, Sec. 1. ) ## ARTICLE 6. Funding [470 - 470.6] ( Article 6 added by Stats. 1986, Ch. 1313, Sec. 1. ) ## 470.5. (a) On and after January 1, 2006, as described in Section 68085.1 of the Government Code, the Administrative Office of the Courts shall make monthly distributions from superior court filing fees for the support of dispute resolution programs under this chapter in each county that has acted to establish a program. The amount distributed in each county shall be equal to the following: (1) From each first paper filing fee collected by the court as provided under Section 70611 or 70612, subdivision (a) of Section 70613, subdivision (a) of Section 70614, or Section 70670 of the Government Code, and each first paper or petition filing fee collected by the court in a probate matter as provided under Section 70650, 70651, 70652, 70653, or 70655 of the Government Code, the same amount as was required to be collected for the support of dispute resolution programs in that county as of December 31, 2005, when a fee was collected for the filing of a first paper in a civil action under Section 26820.4 of the Government Code. (2) From each first paper filing fee in a limited civil case collected by the court as provided under subdivision (b) of Section 70613 or subdivision (b) of Section 70614 of the Government Code, and each first paper or petition filing fee collected by the court in a probate matter as provided under Section 70654, 70656, or 70658 of the Government Code, the same amount as was required to be collected for the support of dispute resolution programs in that county as of December 31, 2005, when a fee was collected for the filing of a first paper in a civil action under Section 72055 of the Government Code where the amount demanded, excluding attorney’s fees and costs, was ten thousand dollars ($10,000) or less. (b) Distributions under this section shall be used only for the support of dispute resolution programs authorized by this chapter. The county shall deposit the amounts distributed under this section in an account created and maintained for this purpose by the county. Records of these distributions shall be available for inspection by the public upon request. (c) After January 1, 2006, a county that does not already have a distribution from superior court filing fees under this section and that establishes a dispute resolution program authorized by this chapter may approve a distribution under this section. A county that already has a distribution under this section may change the amount of the distribution. The total amount to be distributed for the support of dispute resolution programs under this section may not exceed eight dollars ($8) per filing fee. (d) The county may make changes under subdivision (c) to be effective January 1 or July 1 of any year, on and after January 1, 2006. The county shall provide the Administrative Office of the Courts with a copy of the action of the board of supervisors that establishes the change at least 15 days before the date that the change goes into effect. (Added by Stats. 2005, Ch. 75, Sec. 4. Effective July 19, 2005. Operative January 1, 2006, by Sec. 156 of Ch. 75.)
  188. 470.6.

    ## 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 8. Dispute Resolution Programs [465 - 471.5] ( Chapter 8 added by Stats. 1986, Ch. 1313, Sec. 1. ) ## ARTICLE 6. Funding [470 - 470.6] ( Article 6 added by Stats. 1986, Ch. 1313, Sec. 1. )

    Verify source ↗

    A county may carry over certain money received under this chapter and related filing fees.

    ## 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 8. Dispute Resolution Programs [465 - 471.5] ( Chapter 8 added by Stats. 1986, Ch. 1313, Sec. 1. ) ## ARTICLE 6. Funding [470 - 470.6] ( Article 6 added by Stats. 1986, Ch. 1313, Sec. 1. ) ## 470.6. A county may carry over moneys received from distributions under Section 470.5 and from the fees for the support of dispute resolution programs authorized by this chapter that were added to fees for filing a first paper in a civil action in superior court under the laws in effect before January 1, 2006. (Added by Stats. 2005, Ch. 75, Sec. 5. Effective July 19, 2005. Operative January 1, 2006, by Sec. 156 of Ch. 75.)
  189. 471.

    ## 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 8. Dispute Resolution Programs [465 - 471.5] ( Chapter 8 added by Stats. 1986, Ch. 1313, Sec. 1. ) ## ARTICLE 7. Rules and Regulations [471 - 471.5] ( Article 7 added by Stats. 1986, Ch. 1313, Sec. 1. )

    Verify source ↗

    The advisory council must adopt rules, temporary guidelines, and evaluation guidelines for the dispute resolution programs, and the Director of Consumer Affairs must administer and enforce the chapter.

    ## 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 8. Dispute Resolution Programs [465 - 471.5] ( Chapter 8 added by Stats. 1986, Ch. 1313, Sec. 1. ) ## ARTICLE 7. Rules and Regulations [471 - 471.5] ( Article 7 added by Stats. 1986, Ch. 1313, Sec. 1. ) ## 471. (a) The advisory council shall adopt rules and regulations to effectuate the purposes of this chapter, including, but not limited to, guidelines to be used by the programs for the recruitment and training of persons conducting dispute resolution, and provisions for periodic monitoring and evaluation of the programs funded pursuant to this chapter. The advisory council shall establish guidelines to evaluate the performance of participating programs, which shall include analysis of court caseload reduction, cost savings to the state, the efficacy of the programs, and the feasibility of operation of a statewide program of grants at the time the state assumes the responsibility for the funding of trial courts. (b) The advisory council shall adopt temporary guidelines within six months of its initial meeting. The adoption of these temporary guidelines shall not be subject to the procedures specified in Chapter 3.5 (commencing with Section 11340) of Division 3 of Title 2 of the Government Code. Upon the adoption of the temporary guidelines, counties may award grants pursuant to this chapter. Programs funded pursuant to this chapter shall comply with the temporary guidelines, the requirements of this chapter and, when adopted, the formal rules and regulations. (c) Formal rules and regulations implementing this chapter shall be adopted pursuant to Chapter 3.5 (commencing with Section 11340) of Division 3 of Title 2 of the Government Code and, upon adoption, shall supersede the temporary guidelines adopted pursuant to subdivision (b). (d) On and after January 1, 1989, or such earlier date as the advisory council completes its duties pursuant to this chapter, the Division of Consumer Services of the Department of Consumer Affairs shall periodically review the effectiveness of the rules and regulations adopted pursuant to this chapter and adopt changes thereto as necessary. It also shall monitor and evaluate the programs funded pursuant to this chapter as to their compliance with those rules and regulations. (e) The Director of Consumer Affairs shall administer and enforce this chapter and the rules and regulations adopted pursuant to this chapter, and in so doing may exercise any power conferred under Chapter 4 (commencing with Section 300). (Amended by Stats. 1990, Ch. 1272, Sec. 1.)
  190. 471.3.

    ## 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 8. Dispute Resolution Programs [465 - 471.5] ( Chapter 8 added by Stats. 1986, Ch. 1313, Sec. 1. ) ## ARTICLE 7. Rules and Regulations [471 - 471.5] ( Article 7 added by Stats. 1986, Ch. 1313, Sec. 1. )

    Verify source ↗

    The advisory council must formulate its rules and regulations to promote statewide uniformity with the guidelines in those rules and regulations.

    ## 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 8. Dispute Resolution Programs [465 - 471.5] ( Chapter 8 added by Stats. 1986, Ch. 1313, Sec. 1. ) ## ARTICLE 7. Rules and Regulations [471 - 471.5] ( Article 7 added by Stats. 1986, Ch. 1313, Sec. 1. ) ## 471.3. The rules and regulations adopted by the advisory council pursuant to Section 471 shall be formulated to promote statewide uniformity with the guidelines contained in those rules and regulations. (Added by Stats. 1987, Ch. 28, Sec. 6. Effective May 28, 1987.)
  191. 471.5.

    ## 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 8. Dispute Resolution Programs [465 - 471.5] ( Chapter 8 added by Stats. 1986, Ch. 1313, Sec. 1. ) ## ARTICLE 7. Rules and Regulations [471 - 471.5] ( Article 7 added by Stats. 1986, Ch. 1313, Sec. 1. )

    Verify source ↗

    Programs funded under this chapter must give the county annual statistical data, and the data must keep users’ identities confidential and anonymous.

    ## 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 8. Dispute Resolution Programs [465 - 471.5] ( Chapter 8 added by Stats. 1986, Ch. 1313, Sec. 1. ) ## ARTICLE 7. Rules and Regulations [471 - 471.5] ( Article 7 added by Stats. 1986, Ch. 1313, Sec. 1. ) ## 471.5. Each program funded pursuant to this chapter shall annually provide the county with statistical data regarding its operating budget; the number of referrals, categories, or types of cases referred to the program; the number of persons served by the program; the number of disputes resolved; the nature of the disputes resolved; rates of compliance; the number of persons utilizing the process more than once; the duration of and the estimated costs of the hearings conducted by the programs; and any other information that the county may require. The data shall maintain the confidentiality and anonymity of the persons employing the dispute resolution process. (Amended by Stats. 1987, Ch. 56, Sec. 1.)
  192. 472.

    ## 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 9. Certification of Third-Party Dispute Resolution Processes for New Motor Vehicles [472 - 472.5] ( Chapter 9 heading added by Stats. 1991, Ch. 689, Sec. 1. )

    Verify source ↗

    This section defines key terms used in the chapter, including “new motor vehicle,” “manufacturer,” and “qualified third party dispute resolution 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 9. Certification of Third-Party Dispute Resolution Processes for New Motor Vehicles [472 - 472.5] ( Chapter 9 heading added by Stats. 1991, Ch. 689, Sec. 1. ) ## 472. Unless the context requires otherwise, the following definitions govern the construction of this chapter: (a) “New motor vehicle” means a new motor vehicle as defined in paragraph (2) of subdivision (e) of Section 1793.22 of the Civil Code. (b) “Manufacturer” means a new motor vehicle manufacturer, manufacturer branch, distributor, or distributor branch required to be licensed pursuant to Article 1 (commencing with Section 11700) of Chapter 4 of Division 5 of the Vehicle Code. (c) “Qualified third party dispute resolution process” means a third party dispute resolution process which operates in compliance with subdivision (d) of Section 1793.22 of the Civil Code and this chapter and which has been certified by the department pursuant to this chapter. (Amended by Stats. 1992, Ch. 1232, Sec. 1. Effective January 1, 1993.)
  193. 472.1.

    ## 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 9. Certification of Third-Party Dispute Resolution Processes for New Motor Vehicles [472 - 472.5] ( Chapter 9 heading added by Stats. 1991, Ch. 689, Sec. 1. )

    Verify source ↗

    The department must create a certification program for third-party dispute resolution processes used for new motor vehicle arbitration.

    ## 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 9. Certification of Third-Party Dispute Resolution Processes for New Motor Vehicles [472 - 472.5] ( Chapter 9 heading added by Stats. 1991, Ch. 689, Sec. 1. ) ## 472.1. The department shall establish a program for certifying each third-party dispute resolution process used for the arbitration of disputes pursuant to subdivision (c) of Section 1793.22 of the Civil Code. In establishing the program, the department shall do all of the following: (a) Prescribe and provide forms to be used to apply for certification under this chapter. (b) Establish a set of minimum standards which shall be used to determine whether a third-party dispute resolution process is in substantial compliance with subdivision (d) of Section 1793.22 of the Civil Code and this chapter. (c) Prescribe the information which each manufacturer, or other entity, that operates a third-party dispute resolution process shall provide the department in the application for certification. In prescribing the information to accompany the application for certification, the department shall require the manufacturer, or other entity, to provide only that information which the department finds is reasonably necessary to enable the department to determine whether the third-party dispute resolution process is in substantial compliance with subdivision (d) of Section 1793.22 of the Civil Code and this chapter. (d) Prescribe the information that each qualified third-party dispute resolution process shall provide the department, and the time intervals at which the information shall be required, to enable the department to determine whether the qualified third-party dispute resolution process continues to operate in substantial compliance with subdivision (d) of Section 1793.22 of the Civil Code and this chapter. (Amended by Stats. 1992, Ch. 1232, Sec. 2. Effective January 1, 1993.)
  194. 472.2.

    ## 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 9. Certification of Third-Party Dispute Resolution Processes for New Motor Vehicles [472 - 472.5] ( Chapter 9 heading added by Stats. 1991, Ch. 689, Sec. 1. )

    Verify source ↗

    Manufacturers may set up or offer a qualified third-party dispute resolution process, but certification must be applied for and reviewed by the department.

    ## 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 9. Certification of Third-Party Dispute Resolution Processes for New Motor Vehicles [472 - 472.5] ( Chapter 9 heading added by Stats. 1991, Ch. 689, Sec. 1. ) ## 472.2. (a) Each manufacturer may establish, or otherwise make available to buyers or lessees of new motor vehicles, a qualified third-party dispute resolution process for the resolution of disputes pursuant to subdivision (c) of Section 1793.22 of the Civil Code. A manufacturer that itself operates the third-party dispute resolution process shall apply to the department for certification of that process. If the manufacturer makes the third-party dispute resolution process available to buyers or lessees of new motor vehicles through contract or other arrangement with another entity, that entity shall apply to the department for certification. An entity that operates a third-party dispute resolution process for more than one manufacturer shall make a separate application for certification for each manufacturer that uses that entity’s third-party dispute resolution process. The application for certification shall be accompanied by the information prescribed by the department. (b) The department shall review the application and accompanying information and, after conducting an onsite inspection, shall determine whether the third-party dispute resolution process is in substantial compliance with subdivision (d) of Section 1793.22 of the Civil Code and this chapter. If the department determines that the process is in substantial compliance, the department shall certify the process. If the department determines that the process is not in substantial compliance, the department shall deny certification and shall state, in writing, the reasons for denial and the modifications in the operation of the process that are required in order for the process to be certified. (c) The department shall make a final determination whether to certify a third-party dispute resolution process or to deny certification not later than 90 calendar days following the date the department accepts the application for certification as complete. (Amended by Stats. 1992, Ch. 1232, Sec. 3. Effective January 1, 1993.)
  195. 472.3.

    ## 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 9. Certification of Third-Party Dispute Resolution Processes for New Motor Vehicles [472 - 472.5] ( Chapter 9 heading added by Stats. 1991, Ch. 689, Sec. 1. )

    Verify source ↗

    The department must review qualified third-party dispute resolution processes at least once a year and, if a process is not in substantial compliance, issue a decertification notice.

    ## 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 9. Certification of Third-Party Dispute Resolution Processes for New Motor Vehicles [472 - 472.5] ( Chapter 9 heading added by Stats. 1991, Ch. 689, Sec. 1. ) ## 472.3. (a) The department, in accordance with the time intervals prescribed pursuant to subdivision (d) of Section 472.1, but at least once annually, shall review the operation and performance of each qualified third-party dispute resolution process and determine, using the information provided the department as prescribed pursuant to subdivision (d) of Section 472.1 and the monitoring and inspection information described in subdivision (c) of Section 472.4, whether the process is operating in substantial compliance with subdivision (d) of Section 1793.22 of the Civil Code and this chapter. If the department determines that the process is in substantial compliance, the certification shall remain in effect. (b) If the department determines that the process is not in substantial compliance with subdivision (d) of Section 1793.22 of the Civil Code or this chapter, the department shall issue a notice of decertification to the entity which operates the process and shall send a copy of that notice to any manufacturer affected by the decertification. The notice of decertification shall state the reasons for the issuance of the notice and prescribe the modifications in the operation of the process that are required in order for the process to retain its certification. (c) A notice of decertification shall take effect 180 calendar days following the date the notice is served on the manufacturer, or other entity, which uses the process that the department has determined is not in substantial compliance with subdivision (d) of Section 1793.22 of the Civil Code or this chapter. The department shall withdraw the notice of decertification prior to its effective date if the department determines, after a public hearing, that the manufacturer, or other entity, which uses the process has made the modifications in the operation of the process required in the notice of decertification and is in substantial compliance with subdivision (d) of Section 1793.22 of the Civil Code and this chapter. (Amended by Stats. 1992, Ch. 1232, Sec. 4. Effective January 1, 1993.)
  196. 472.4.

    ## 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 9. Certification of Third-Party Dispute Resolution Processes for New Motor Vehicles [472 - 472.5] ( Chapter 9 heading added by Stats. 1991, Ch. 689, Sec. 1. )

    Verify source ↗

    The department must help consumers, monitor third-party dispute resolution processes, report results, notify DMV of noncompliance, publish information, and adopt implementing regulations.

    ## 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 9. Certification of Third-Party Dispute Resolution Processes for New Motor Vehicles [472 - 472.5] ( Chapter 9 heading added by Stats. 1991, Ch. 689, Sec. 1. ) ## 472.4. In addition to any other requirements of this chapter, the department shall do all of the following: (a) Establish procedures to assist owners or lessees of new motor vehicles who have complaints regarding the operation of a qualified third-party dispute resolution process. (b) Establish methods for measuring customer satisfaction and to identify violations of this chapter, which shall include an annual random postcard or telephone survey by the department of the customers of each qualified third-party dispute resolution process. (c) Monitor and inspect, on a regular basis, qualified third-party dispute resolution processes to determine whether they continue to meet the standards for certification. Monitoring and inspection shall include, but not be limited to, all of the following: (1) Virtual or onsite inspections of each qualified third-party dispute resolution process not less frequently than twice annually. (2) Investigation of complaints from consumers regarding the operation of qualified third-party dispute resolution processes and analyses of representative samples of complaints against each process. (3) Analyses of the annual surveys required by subdivision (b). (d) Notify the Department of Motor Vehicles of the failure of a manufacturer to honor a decision of a qualified third-party dispute resolution process to enable the Department of Motor Vehicles to take appropriate enforcement action against the manufacturer pursuant to Section 11705.4 of the Vehicle Code. (e) Submit a biennial report to the Legislature evaluating the effectiveness of this chapter, make available to the public summaries of the statistics and other information supplied by each qualified third-party dispute resolution process, and publish educational materials regarding the purposes of this chapter. (f) Adopt regulations as necessary and appropriate to implement this chapter and subdivision (d) of Section 1793.22 of the Civil Code. (g) Protection of the public shall be the highest priority for the department in exercising its certification, 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. 2023, Ch. 510, Sec. 2. (SB 887) Effective January 1, 2024.)
  197. 472.5.

    ## 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 9. Certification of Third-Party Dispute Resolution Processes for New Motor Vehicles [472 - 472.5] ( Chapter 9 heading added by Stats. 1991, Ch. 689, Sec. 1. )

    Verify source ↗

    The Board collects manufacturer fees to fund this chapter, and manufacturers must file annual vehicle-count statements and pay the assessed fee after notice.

    ## 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 9. Certification of Third-Party Dispute Resolution Processes for New Motor Vehicles [472 - 472.5] ( Chapter 9 heading added by Stats. 1991, Ch. 689, Sec. 1. ) ## 472.5. The New Motor Vehicle Board in the Department of Motor Vehicles shall, in accordance with the procedures prescribed in this section, administer the collection of fees for the purposes of fully funding the administration of this chapter. (a) Fees collected pursuant to this section shall be deposited in the Certification Account in the Consumer Affairs Fund and shall be available, upon appropriation by the Legislature, exclusively to pay the expenses incurred by the department in administering this chapter and to pay the New Motor Vehicle Board as provided in Section 3016 of the Vehicle Code. If, at the conclusion of any fiscal year, the amount of fees collected exceeds the amount of expenditures for that purpose during that fiscal year, the surplus in the Certification Account shall be carried over into the succeeding fiscal year. (b) Beginning July 1, 1988, and on or before May 1 of each calendar year thereafter, every manufacturer shall file with the New Motor Vehicle Board a statement of the number of motor vehicles sold, leased, or otherwise distributed by or for the manufacturer in this state during the preceding calendar year, and shall, upon written notice delivered to the manufacturer by certified mail, return receipt requested, pay to the New Motor Vehicle Board a fee, not to exceed one dollar ($1) for each motor vehicle sold, leased, or distributed by or for the manufacturer in this state during the preceding calendar year. The total fee paid by each manufacturer shall be rounded to the nearest dollar in the manner described in Section 9559 of the Vehicle Code. Not more than one dollar ($1) shall be charged, collected, or received from any one or more manufacturers pursuant to this subdivision with respect to the same motor vehicle. (c) (1) The fee required by subdivision (b) is due and payable not later than 30 days after the manufacturer has received notice of the amount due and is delinquent after that time. A penalty of 10 percent of the amount delinquent shall be added to that amount, if the delinquency continues for more than 30 days. (2) If a manufacturer fails to file the statement required by subdivision (b) by the date specified, the New Motor Vehicle Board shall assess the amount due from the manufacturer by using as the number of motor vehicles sold, leased, or otherwise distributed by or for the manufacturer in this state during the preceding calendar year the total number of new registrations of all motor vehicles sold, leased, or otherwise distributed by or for the manufacturer during the preceding calendar year. (d) On or before February 1 of each year, the department shall notify the New Motor Vehicle Board of the dollar amount necessary to fully fund the program established by this chapter during the following fiscal year. The New Motor Vehicle Board shall use this information in calculating the amounts of the fees to be collected from manufacturers pursuant to this section. (e) For purposes of this section, “motor vehicle” means a new passenger or commercial motor vehicle of a kind that is required to be registered under the Vehicle Code, but the term does not include a motorcycle, a motor home, or any vehicle whose gross weight exceeds 10,000 pounds. (f) The New Motor Vehicle Board may adopt regulations to implement this section. The regulations shall include, at a minimum, a formula for calculating the fee, established pursuant to subdivision (b), for each motor vehicle and the total amount of fees to be collected from each manufacturer. (g) Any revenues already received by the Arbitration Certification Program and deposited in the Vehicle Inspection and Repair Fund for the 1991–92 fiscal year that have not yet been spent shall be deposited into the Certification Account in the Consumer Affairs Fund. (Amended by Stats. 1998, Ch. 970, Sec. 3. Effective January 1, 1999.)
  198. 475.

    ## Business and Professions Code - BPC ## DIVISION 1.5. DENIAL, SUSPENSION AND REVOCATION OF LICENSES [475 - 499] ( Division 1.5 added by Stats. 1972, Ch. 903. ) ## CHAPTER 1. General Provisions [475 - 478] ( Chapter 1 added by Stats. 1972, Ch. 903. )

    Verify source ↗

    This section says licenses may be denied, suspended, or revoked only on the grounds listed here, and not for lack of good moral character or similar character-based reasons.

    ## Business and Professions Code - BPC ## DIVISION 1.5. DENIAL, SUSPENSION AND REVOCATION OF LICENSES [475 - 499] ( Division 1.5 added by Stats. 1972, Ch. 903. ) ## CHAPTER 1. General Provisions [475 - 478] ( Chapter 1 added by Stats. 1972, Ch. 903. ) ## 475. (a) Notwithstanding any other provisions of this code, the provisions of this division shall govern the denial of licenses on the grounds of: (1) Knowingly making a false statement of material fact, or knowingly omitting to state a material fact, in an application for a license. (2) Conviction of a crime. (3) Commission of any act involving dishonesty, fraud or deceit with the intent to substantially benefit himself or another, or substantially injure another. (4) Commission of any act which, if done by a licentiate of the business or profession in question, would be grounds for suspension or revocation of license. (b) Notwithstanding any other provisions of this code, the provisions of this division shall govern the suspension and revocation of licenses on grounds specified in paragraphs (1) and (2) of subdivision (a). (c) A license shall not be denied, suspended, or revoked on the grounds of a lack of good moral character or any similar ground relating to an applicant’s character, reputation, personality, or habits. (Amended by Stats. 1992, Ch. 1289, Sec. 5. Effective January 1, 1993.)
  199. 476.

    ## Business and Professions Code - BPC ## DIVISION 1.5. DENIAL, SUSPENSION AND REVOCATION OF LICENSES [475 - 499] ( Division 1.5 added by Stats. 1972, Ch. 903. ) ## CHAPTER 1. General Provisions [475 - 478] ( Chapter 1 added by Stats. 1972, Ch. 903. )

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    This section says most of this division does not apply to certain licensure or registration schemes, except where subdivision (b) makes Section 494.5 apply.

    ## Business and Professions Code - BPC ## DIVISION 1.5. DENIAL, SUSPENSION AND REVOCATION OF LICENSES [475 - 499] ( Division 1.5 added by Stats. 1972, Ch. 903. ) ## CHAPTER 1. General Provisions [475 - 478] ( Chapter 1 added by Stats. 1972, Ch. 903. ) ## 476. (a) Except as provided in subdivision (b), nothing in this division shall apply to the licensure or registration of persons pursuant to Chapter 4 (commencing with Section 6000) of Division 3, or pursuant to Division 9 (commencing with Section 23000) or pursuant to Chapter 5 (commencing with Section 19800) of Division 8. (b) Section 494.5 shall apply to the licensure of persons authorized to practice law pursuant to Chapter 4 (commencing with Section 6000) of Division 3, and the licensure or registration of persons pursuant to Chapter 5 (commencing with Section 19800) of Division 8 or pursuant to Division 9 (commencing with Section 23000). (Amended by Stats. 2011, Ch. 455, Sec. 2. (AB 1424) Effective January 1, 2012.)
  200. 477.

    ## Business and Professions Code - BPC ## DIVISION 1.5. DENIAL, SUSPENSION AND REVOCATION OF LICENSES [475 - 499] ( Division 1.5 added by Stats. 1972, Ch. 903. ) ## CHAPTER 1. General Provisions [475 - 478] ( Chapter 1 added by Stats. 1972, Ch. 903. )

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    This section defines “Board” and “License” for this division.

    ## Business and Professions Code - BPC ## DIVISION 1.5. DENIAL, SUSPENSION AND REVOCATION OF LICENSES [475 - 499] ( Division 1.5 added by Stats. 1972, Ch. 903. ) ## CHAPTER 1. General Provisions [475 - 478] ( Chapter 1 added by Stats. 1972, Ch. 903. ) ## 477. As used in this division: (a) “Board” includes “bureau,” “commission,” “committee,” “department,” “division,” “examining committee,” “program,” and “agency.” (b) “License” includes certificate, registration or other means to engage in a business or profession regulated by this code. (Amended by Stats. 1991, Ch. 654, Sec. 5.)

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